Ala. Code § 8-26B-31 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-31
Section 8-26B-31 Disposition of Funds; Alabama Athlete Agents Fund
Status: in_force

(a) All moneys collected for registrations and all fines collected for violations of this chapter shall be paid to the Secretary of State, who shall deposit them in a special fund in the State Treasury for the use of the commission.

(b) There is hereby created in the State Treasury a fund to be known and designated as the Alabama Athlete Agents Fund. All funds, fees, charges, costs, and collections accruing to or collected under the provisions of this chapter shall be deposited into the State Treasury to the credit of the Alabama Athlete Agents Fund.

(c) Funds now or hereafter deposited in the State Treasury to the credit of the Alabama Athlete Agents Fund may not be expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with Article 4 of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill or other appropriation bills.
Ala. Code § 8-25-5 — Alabama Code / Title 8 / Chapter 25 / Section 8-25-5
Section 8-25-5 Required Provisions in Advertisements
Status: in_force

An advertisement for a rental-purchase agreement that states the amount of a payment or the right to acquire ownership of any one particular item under the agreement must clearly and conspicuously state:

(1) That the transaction advertised is a rental-purchase agreement and

(2) The total amount and the number of payments necessary to acquire ownership.
Ala. Code § 8-1-21 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-21
Section 8-1-21 Obligation Not Extinguished by Accord until Executed
Status: in_force

Though the parties to an accord are bound to execute it, it does not extinguish the obligation until it is fully executed.
Ala. Code § 8-26B-18 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-18
Section 8-26B-18 Uniformity of Application and Construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Ala. Code § 8-17-23 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-23
Section 8-17-23 Enforcement of Article; Approval and Registration of Brands and Labels; Rules and Regulations
Status: in_force

The Commissioner of Agriculture and Industries shall enforce the provisions of this article as in the case of other provisions of Chapter 1 of Title 20, and may approve and register such brands and labels intended for use under the provisions of this article as may be submitted for that purpose and as may, in his or her judgment, conform to the requirements of this article; provided, that in any prosecution under this article the fact that any brand or label involved in such prosecution has not been submitted to the commissioner for approval or, if submitted, has not been approved by him or her shall be immaterial. In addition, the commissioner may make and adopt rules and regulations pursuant to the Administrative Procedure Act as he or she deems necessary to carry out this article and may establish a filing fee to accompany each application for approval and registration of a brand or label.
Ala. Code § 8-20A-1 — Alabama Code / Title 8 / Chapter 20A / Section 8-20A-1
Section 8-20A-1 Definitions
Status: in_force

As used in this chapter, the following terms shall have the respective meanings as indicated:

(1) CONSUMER. The purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

(2) MOTOR VEHICLE. Every vehicle intended primarily for use and operation on the public highways which is self-propelled; provided, however, that the term “motor vehicle” shall not apply to motor homes or to any motor vehicle having a manufacturer’s gross vehicle weight rating (GVWR) of 10,000 pounds or more.

(3) MANUFACTURER. The person, firm, or corporation engaged in the business of manufacturing, importing and/or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale.

(4) MOTOR VEHICLE DEALER or AUTHORIZED DEALER. The person, firm, or corporation operating under a dealer agreement from a manufacturer, importer, or distributor and who is engaged regularly in the business of buying, selling or exchanging motor vehicles in this state and who has in this state an established place of business.

(5) EXPRESS WARRANTY. A written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.

(6) NONCONFORMING CONDITION. Any condition of a motor vehicle which shall not be in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which: (i) significantly impairs the use, value or safety of the motor vehicle and (ii) occurs or arises solely in the course of the ordinary use of the motor vehicle, and which does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after such motor vehicle was delivered by an authorized dealer to the consumer.

(7) NOTICE OF A NONCONFORMING CONDITION. A written statement which shall be delivered to the manufacturer and which shall describe the subject motor vehicle, the nonconforming condition, and shall describe all previous attempts to correct such nonconforming condition by identifying the person, firm or corporation who or which made such attempt, and the time when such attempt was made.

(8) LEMON LAW RIGHTS PERIOD. The period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first 12,000 miles of operation, whichever first occurs.
Ala. Code § 8-36-2 — Alabama Code / Title 8 / Chapter 36 / Section 8-36-2
Section 8-36-2 Cancellation of Residential Roofing Contract; Notice of Cancellation; Payments
Status: in_force

(a) A person who has entered into a written contract with a residential roofing contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy may cancel the contract prior to midnight on the fifth business day if the insured receives written notice from the insurer that all or any part of the claim or contract is not a covered loss under the insurance policy or that the covered claim will not be sufficient to cover the amount of the contract. Cancellation shall be evidenced by the insured giving written notice of cancellation to the residential roofing contractor at the address stated in the contract. Notice of cancellation, if given by mail, shall be effective upon deposit into the United States mail, postage prepaid and properly addressed to the residential roofing contractor and, if given by electronic mail, shall be effective if sent to the electronic mail address stated in the contract. Notice of cancellation need not take a particular form and shall be sufficient if it indicates, by any form of written expression, the intention of the insured not to be bound by the contract.

(b) Before entering a contract as provided in subsection (a), the residential roofing contractor shall do all of the following:

(1) Furnish the insured a statement in boldface type of a minimum size of 10 points, in substantially the following form:

“You may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy or that the covered claim will not be sufficient to cover the amount of the contract. This right to cancel is in addition to any other rights of cancellation which may be found in state or federal law or regulation. See attached notice of cancellation form for an explanation of this right.”

(2) Furnish each insured a fully completed form in duplicate, captioned “NOTICE OF CANCELLATION,” which shall be attached to the contract but easily detachable, and which shall contain in boldface type of a minimum size of 10 points the following statement:

“NOTICE OF CANCELLATION”

“If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, or that the covered claim will not be sufficient to cover the amount of the contract, you may cancel the contract by mailing, electronic mailing, or delivering a signed and dated copy of this cancellation notice or any other written notice to [name of contractor] at [address of contractor’s place of business], at any time prior to midnight on the fifth business day after you have received such notice from your insurer.

“I HEREBY CANCEL THIS TRANSACTION

_______________

“Date

_______________

“Insured’s Signature”

(c) In circumstances in which payment may be made from the proceeds of a property and casualty insurance policy, a residential roofing contractor shall not require any payments from an insured until the five-day cancellation period has expired. If, however, the residential roofing contractor has performed any emergency services, acknowledged by the insured in writing to be necessary to prevent damage to the premises, the residential roofing contractor shall be entitled to collect the amount due for the emergency services at the time they are rendered. Any provision in a contract as provided in subsection (a) that requires the payment of any fee for anything except emergency services shall not be enforceable against any insured who has cancelled a contract pursuant to this section. A residential roofing contractor shall not represent or negotiate, or offer or advertise to represent or negotiate, on behalf of an owner or possessor of residential real estate on any insurance claim in connection with the repair or replacement of roof systems.
Ala. Code § 8-17-294 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-294
Section 8-17-294 Patron Obligations
Status: in_force

(a) Patrons of an amusement ride or water slide shall do all of the following:

(1) Obey all posted signs, including, but not limited to, warning signs, instruction signs, and direction signs, pertaining to the amusement ride or water slide.

(2) Obey all verbal instructions from operators.

(3) Properly use all safety equipment on the amusement ride or water slide in accordance with the instructions of operators and posted signs.

(b) Patrons of an amusement ride or water slide may not do any of the following:

(1) Act in any manner that may cause or contribute to injury to self or others.

(2) Interfere with the operation of the amusement ride or water slide.

(3) Fail to engage any provided safety devices.

(4) Disconnect or disable a safety device, except at the express instruction of an operator.

(5) Extend arms or legs beyond the carrier or seating area, except at the express instruction of an operator.

(6) Throw, drop, or expel any object from or toward an amusement ride or water slide.

(7) Enter or exit an amusement ride or water slide, except at the designated time and area, at the express direction of an operator, or in an emergency.

(8) Unreasonably control the speed or direction of himself or herself if the amusement ride or water slide requires the patron to control or direct himself or herself.

(9) Ride any amusement ride or water slide while under the influence of alcohol or any other intoxicating substance.

(c) Any patron who violates this section shall be subject to immediate removal from the amusement facility without the refund of any admission charge.
Ala. Code § 8-19G-8 — Alabama Code / Title 8 / Chapter 19G / Section 8-19G-8
Section 8-19G-8 Consent Requirements to Publish or Distribute Private Images
Status: in_force

(a) Any commercial entity, before knowingly and intentionally publishing or distributing a private image, as defined under Section 13A-6-240, through an adult website, shall obtain written consent to publish or distribute the private image from every individual depicted in the private image.

(b) The written consent required by this section shall be signed by the individual depicted and sworn to by a notary public. The commercial entity shall maintain records of the written consent for not less than five calendar years following the publication or distribution of the private image.
Ala. Code § 8-17-252 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-252
Section 8-17-252 Inspection Where Reasonable Belief of Violation; Notification; Citation; Civil Action for Relief
Status: in_force

(a) Whenever the office or local issuing authority has reason to believe that any person has engaged in, or is engaging in, or is about to engage in, any practice or activity that is prohibited by this article, the office or issuing authority shall conduct an inspection of the blasting operations and may order the permittee to monitor blast effects, with seismographic readings, unless the same information is available to the office or issuing authority as a result of a previous inspection.

(b) When, on the basis of an inspection by the office or issuing authority or seismic monitoring, it is determined by the office or issuing authority that any person is in violation of any requirements of this article, and the violation creates an imminent danger to the health, or safety of the public, or private property, the local issuing authority shall immediately notify the office of the violation. The office may immediately order a cessation of the blasting operation. The order shall remain in effect until the office determines that the condition, practice, or violation has been abated.

(c) When it is determined by the office that any person is in violation of any requirement of this article, and the violations can be reasonably expected to create a danger to the health or safety of the public or private property, the office may issue a citation to the person in violation. If, upon expiration of the period of time as originally fixed in the citation, the abatement of the violation has not been accomplished, the office may order a cessation of the blasting operation. Those orders shall remain in effect until modified, vacated, or terminated by the office or a competent court of law.

(d) Citations and orders issued under this section shall set forth with specific explanation the nature of the violation and the corrective action required. The citation or order shall be served or delivered promptly to the person in violation of this article.

(e) The office may institute a civil action for relief including a permanent or temporary injunction, restraining order, or any other appropriate relief in the circuit court for the county in which the blasting operation is located, whenever that person:

(1) Violates, fails, or refuses to comply with any reasonable order issued by the office under this article.

(2) Interferes with, hinders, or delays the office in carrying out this article.

(3) Refuses to permit entry to or inspection of the blasting operation by an authorized representative of the office.

(4) Refuses to furnish pertinent information required by the office under this article that is deemed necessary to implement this article. The court shall have jurisdiction to provide relief as may be appropriate.
Ala. Code § 8-9A-3 — Alabama Code / Title 8 / Chapter 9A / Section 8-9A-3
Section 8-9A-3 Value
Status: in_force

(a) Value is given for a transfer if, in exchange for the transfer, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise to furnish support to the debtor or another person made otherwise than in the ordinary course of the promisor’s business.

(b) For the purposes of subsection (c) of Section 8-9A-4 and subsection (a) of Section 8-9A-5, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.

(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
Ala. Code § 8-16-6 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-6
Section 8-16-6 Duties Generally of Commissioner Respecting Weights and Measures
Status: in_force

With respect to weights and measures, the Commissioner of Agriculture and Industries shall have the following duties:

(1) To try and prove by the state standards, at least once in five years, all weights, measures, and other apparatus which may belong to any county or city and shall seal such when found to be accurate, stamping on them the letter “A” and the last two figures of the year with seals which he or she shall have and keep for that purpose.

(2) To have and keep a general supervision of the weights, measures, and weighing and measuring devices offered for sale, sold, or in use in the state.

(3) Upon the written request of any citizen, firm, corporation, or educational institution in the state, to test or calibrate weights, measures, weighing, or measuring devices, and instruments or apparatus used as standards in this state.

(4) To assure that at least once annually all scales, weights, and measures used in checking the receipts and disbursements of supplies in every institution for the maintenance of which moneys are appropriated by the Legislature are inspected, and report in writing his or her findings through the supervisory board and to the executive officer of the institution concerned. At the request of such board or executive officer, the Commissioner of Agriculture and Industries shall appoint in writing one or more employees then in the actual service of each institution who shall act as special deputy or deputies, without extra compensation, for the purpose of checking the receipts and disbursements of supplies.

(5) To include a report of the work done by his or her office in his or her general report to the State Board of Agriculture and Industries.

(6) To inspect all standards and apparatus used by the counties and cities at least once in five years and shall keep a record of the same.

(7) At least once in five years, to visit the various cities and counties of the state in order to inspect the work of the local sealers of weights and measures.

(8) To issue from time to time regulations for guidance for city and county sealers, and the regulations shall govern the procedure to be followed by these officers in the discharge of their duties.
Ala. Code § 8-15-13 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-13
Section 8-15-13 Public Hearing on Operations; Notice of Hearing; Sworn Testimony Heard; Authority to Subpoena Witnesses; Witness Fees; Production of Books and Records; Appearance in Person or by Counsel; Failure to Obey Process; Rules of Evidence Not Applicable
Status: in_force

(a) In the event the Commissioner of Agriculture and Industries is of the opinion that a condition exists which would jeopardize the interest of persons patronizing, or who may patronize, a public warehouse by reason of the manner in which such public warehouse is being operated or that the same is being operated without having complied with the laws or rules and regulations relating to the operation of public warehouses, he shall order a public hearing thereon, to be held in the office of the commissioner at Montgomery or at the courthouse of the county in which the warehouse is being operated, to determine what action shall be taken relative to the said warehouse.

(b) It shall be the duty of the Commissioner of Agriculture and Industries to give notice by registered mail addressed to the owners or operators of the public warehouse at least 10 days prior to the date fixed for the hearing, of the time and place thereof.

(c) Upon the hearing, the Commissioner of Agriculture and Industries shall hear sworn testimony of persons complaining as to the manner of the operation of the warehouse and of agents and employees of the Department of Agriculture and Industries who have made investigations into the manner of the operation thereof. He shall also hear sworn testimony of the owners and operators of said warehouse, if any is offered, and the sworn testimony of any persons which they may offer in refutation of the complaints and charges.

(d) The Commissioner of Agriculture and Industries in such cases shall have the authority to compel the attendance of witnesses by issuing subpoenas signed by him, which subpoenas must be served by any lawful officer of the State of Alabama and due return made thereon as is provided by law for the procuring of testimony in civil actions in the circuit courts of this state.

(e) Each witness so subpoenaed and attending upon such hearing shall be entitled to $3 per day for each day of his attendance upon such hearing and $.05 for each mile necessarily traveled in coming to and returning from the hearing.

(f) In the event that investigation results in a finding of the Commissioner of Agriculture and Industries that the said public warehouse is being operated in a manner in violation of the laws and regulations pertaining thereto or in a manner which jeopardizes the interest of the persons patronizing the same, witnesses subpoenaed and attending on behalf of the warehouse shall not be paid from public funds, but the witnesses attending on behalf of the complainant or on behalf of the commissioner shall be paid from the funds of the Department of Agriculture and Industries in the treasury. In the event that the finding of the commissioner shall determine that the public warehouse is being operated in compliance with law and regulations relating thereto, all witnesses appearing upon such hearing shall be paid from the funds of the Department of Agriculture and Industries.

(g) Upon such hearing the Commissioner of Agriculture and Industries shall have authority to administer oaths to witnesses and to compel the production of books and records necessary to a determination of the issue involved in such cause by the issuance of subpoena duces tecum and all other necessary process.

(h) The public warehouse involved and the owners and operators thereof may appear in person or by counsel and shall have the benefit of compulsory process for the attendance of its witnesses.

(i) Willful failure to obey the process issued to witnesses by the Commissioner of Agriculture and Industries shall be punishable as in cases of failure to obey the process issued out of the circuit courts of this state. In such cases the commissioner shall certify to the judge of the circuit court having jurisdiction at the place of the commissioner’s hearing the fact of willful disobedience of his subpoena, whereupon such judge shall cause the defaulting witness to appear before him upon a date fixed to show cause why he should not be adjudged in contempt for the willful failure to obey the process issued by the commissioner as hereinabove provided, and upon determination of willful disobedience of such process, shall enter judgment and impose punishment as in cases of contempt of the circuit court.

(j) In the conduct of such hearing the Commissioner of Agriculture and Industries shall not be bound by the strict rules of evidence prevailing in the courts of the state.
Ala. Code § 8-7B-16 — Alabama Code / Title 8 / Chapter 7B / Section 8-7B-16
Section 8-7B-16
Status: in_force

In any insolvency proceeding of an Alabama qualified payment stablecoin issuer, including any insolvency proceeding administered by the commission, the following shall apply:

(1) The claim of a person holding any payment stablecoin issued by the Alabama qualified payment stablecoin issuer shall have priority, on a ratable basis with the claims of other persons holding the payment stablecoin, over the claims of the Alabama qualified payment stablecoin issuer and any other holder of claims against the Alabama qualified payment stablecoin issuer, with respect to required payment stablecoin reserves.

(2) Notwithstanding any other provision of law, any person holding a payment stablecoin issued by the Alabama qualified payment stablecoin issuer shall be deemed to hold a claim.

(3) The priority under subdivision (1) shall not apply to claims other than those arising directly from the holding of payment stablecoins.
Ala. Code § 8-12-40 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-40
Section 8-12-40 Purchase, Sale, Etc., of Container Upon Which Name Appears
Status: in_force

It shall be unlawful for any person, firm, or corporation, other than the owner thereof, to purchase, offer to purchase, sell, offer to sell, or transport for sale any bottle, can, crate, or other container upon which or in which, appears in permanent form, the name, trade name, or trademark of the owner thereof, in which milk or milk products are sold and delivered with the understanding at the time of such sale and delivery of the contents thereof that such bottle, can, crate, or container is the property of the person, firm, or corporation whose name, trade name, or trademark is designated in permanent form thereon or therein; provided, that this section shall not apply to the manufacturers of such bottles, cans, crates, or like containers, nor shall it apply to purchasers at execution sales or other judicial sales; provided further, that any person, firm, or corporation who may sell or otherwise dispose of his, their, or its business in bulk may transfer his, their, or its bottles, cans, crates, or containers to his, their, or its vendee by bill of sale; provided further, that the provisions of this section shall not apply to bottle exchanges which are operated by or patronized by the owners of such bottles, cans, crates, or like containers.
Ala. Code § 8-17-154 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-154
Section 8-17-154 Enforcement of Division
Status: in_force

(a) The Commissioner of Agriculture and Industries shall enforce the provisions of this division.

(b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to the provisions of this division.
Ala. Code § 8-33-2 — Alabama Code / Title 8 / Chapter 33 / Section 8-33-2
Section 8-33-2 Definitions
Status: in_force

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

(1) ADMINISTRATOR. A third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties.

(2) COMMISSIONER. The Commissioner of the Department of Insurance.

(3) DEPARTMENT. The Department of Insurance.

(4) INCIDENTAL COSTS. Expenses specified in the warranty incurred by the warranty holder related to the failure of the vehicle protection product to perform as provided in the warranty. Incidental costs may include, without limitation, insurance policy deductibles, rental vehicle charges, the difference between the actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees, and mechanical inspection fees.

(5) SERVICE CONTRACT. A contract or agreement as defined in subdivision (13) of Section 8-32-2.

(6) VEHICLE PROTECTION PRODUCT. A vehicle protection device, system, or service that is all of the following:

a. Installed on or applied to a vehicle.

b. Is designed to prevent loss or damage to a vehicle from a specific cause.

c. Includes a written warranty.

For purposes of this chapter, the term vehicle protection product shall include, without limitation, alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices. A vehicle protection product is not insurance for any purpose.

(7) VEHICLE PROTECTION PRODUCT WARRANTOR or WARRANTOR. A person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. Warrantor does not include an authorized insurer providing a warranty reimbursement insurance policy.

(8) VEHICLE PROTECTION PRODUCT WARRANTY or WARRANTY. A written agreement by a warrantor that provides if the vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, that the warranty holder shall be paid specified incidental costs by the warrantor as a result of the failure of the vehicle protection product to perform pursuant to the terms of the warranty. Incidental costs may be reimbursed under the provisions of the warranty in either a fixed amount specified in the warranty or sales agreement or by use of a formula itemizing specific incidental costs incurred by the warranty holder.

(9) WARRANTY HOLDER. The person who purchases a vehicle protection product or who is a permitted transferee.

(10) WARRANTY REIMBURSEMENT INSURANCE POLICY. A policy of insurance that is issued to the vehicle protection product warrantor to provide reimbursement to the warrantor or to pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor.
Ala. Code § 8-26B-58 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-58
Section 8-26B-58 No Cause of Action for Prior Acts
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-6-144 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-144
Section 8-6-144 Registration - Applicable Language
Status: in_force

Registration in beneficiary form may be shown by the words “transfer on death” or the abbreviation “TOD,” or by the words “pay on death” or the abbreviation “POD,” after the name of the registered owner and before the name of a beneficiary.
Ala. Code § 8-9A-12 — Alabama Code / Title 8 / Chapter 9A / Section 8-9A-12
Section 8-9A-12 Short Title
Status: in_force

This chapter may be cited as the “Alabama Uniform Fraudulent Transfer Act.”
Ala. Code § 8-8-9 — Alabama Code / Title 8 / Chapter 8 / Section 8-8-9
Section 8-8-9 Interest on Unauthorized Change Bills and Notes Not Exceeding $1
Status: in_force

All change bills and notes for a sum not exceeding $1 issued or circulated in this state without authority of law bear interest at the rate of 100 percent per annum from the day of their date, time of issue or circulation, and may be sued on by the holder thereof, without regard to the person to whom the same are payable, and a recovery had against the person issuing or giving circulation to the same.
Ala. Code § 8-6-53 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-53
Section 8-6-53 Selection of Chair; Rules for Proceedings; Meetings; Quorum; Records and Reports; Access to Offices and Records; Exercise of Powers of Director
Status: in_force

(a) The Securities Commission shall select a chair and may adopt rules for conducting its proceedings.

(b) The commission shall meet quarterly on a date it designates and may meet at other times it deems necessary, or when called by the chair or by any two members. Any three members shall constitute a quorum for transacting commission business.

(c) Complete minutes of each meeting shall be kept and filed in the office of the commission and shall be available for public inspection during reasonable office hours.

(d) The commission shall report annually to the Governor, to the legislature and to the state Legislative Council. The report shall contain the minutes of each meeting held during the year, legislative recommendations, a summary of violations of Article 1 of this chapter, actions taken for those violations, and other data and information deemed necessary or appropriate.

(e) Each member of the commission shall have unrestricted access to all offices and records under the jurisdiction of the commission.

(f) The commission, or a majority of the commission, may exercise any power or perform any act that the director is authorized to perform under this chapter.
Ala. Code § 8-8-5 — Alabama Code / Title 8 / Chapter 8 / Section 8-8-5
Section 8-8-5 Maximum Rates of Interest - Loans, Credit Sales, Etc., of $2,000 or More to Individuals, Corporations, Trusts, Partnerships, or Associations
Status: in_force

(a) Any person or persons, corporations, trust, general partnership or partnerships, limited partnership or partnerships, or association may agree to pay such rate or rates of interest for the loan or forbearance of money and for any credit sales as such person, corporation, trust, general partnership, limited partnership, or association may determine, notwithstanding any law of this state otherwise prescribing or limiting such rate or rates of interest; provided, that the original principal balance of the loan or forbearance of money or credit sales is not less than $2,000; provided further, that all laws relating to unconscionability in consumer transactions including but not limited to the provisions of Chapter 19 of Title 5, known as the Mini-Code, shall apply to transactions covered by this section.

(b) As to any such loan or forbearance of money or credit sales made in compliance with subsection (a) of this section, neither such person, corporation, trust, general partnership, limited partnership, or association, nor their heirs, successors, or assigns, nor any surety, guarantor, endorser, or any other person, firm, partnership, association, trust, 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 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 term “original principal balance,” as used herein, shall include the total principal amount of indebtedness incurred or contracted for in a loan, forbearance of money, credit sales, or in a single issue or sale of bonds, debentures, promissory notes, or like transaction, without regard either to the face amount or denomination of any bond, debenture, note, or other evidence of indebtedness constituting a part of such issue or sale, or to the amount of the initial or any subsequent advance pursuant to such loan, forbearance, or credit sales. The term “interest” as used herein shall include all direct or indirect charges imposed as an incident to a loan, forbearance of money, or credit sales.

(d) This section shall apply to any person or entity, whether or not organized for profit, and to transactions both prior to and after default, but shall not apply to any agreement involving the loan or forbearance of money or credit sales where the original principal balance is less than $2,000.

(e) 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, as amended.
Ala. Code § 8-19K-3 — Alabama Code / Title 8 / Chapter 19K / Section 8-19K-3
Section 8-19K-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 § 8-8-1.2 — Alabama Code / Title 8 / Chapter 8 / Section 8-8-1.2
Section 8-8-1.2 Maximum Rates of Interest - Loans Secured by Savings Accounts
Status: in_force

Any savings and loan association located within the State of Alabama may charge on loans secured by savings accounts a rate of interest of not more than two percent per annum in excess of the rate of return payable on any such savings account.
Ala. Code § 8-39-2 — Alabama Code / Title 8 / Chapter 39 / Section 8-39-2
Section 8-39-2 Definitions
Status: in_force

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

(1) ASSISTIVE DEVICE. a. Any device, that costs five thousand dollars ($5,000) or more, including a demonstrator that a consumer purchases or accepts transfer of in this state which is used for a major life activity. The term is limited to the following:

1. Manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual.

2. Voice synthesized computer modules, optical scanners, talking software, Braille printers, and other devices that enhance the ability of a sight impaired individual to communicate.

b. The term does not include hearing aids, telephone communication devices for the deaf, assistive listening devices, or other aids that enhance the ability of an individual to hear.

(2) ASSISTIVE DEVICE DEALER. A person who is in the business of selling assistive devices.

(3) ASSISTIVE DEVICE LESSOR. A person who leases assistive devices to consumers, or who holds the rights of a lessor, under a written lease. Any assistive device lessor who is also an assistive device dealer shall fulfill all obligations owed to the consumer pursuant to this chapter as both an assistive device dealer and lessor.

(4) COLLATERAL COSTS. Expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining an alternative assistive device.

(5) CONSUMER or THE AGENCY. Any of the following:

a. The purchaser of an assistive device, including government entities purchasing a device for the benefit of an individual and the individual for whose benefit the device is purchased, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale.

b. A person to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the assistive device.

c. A person who may enforce the warranty.

d. A person who leases an assistive device from an assistive device lessor under a written lease.

e. Any person, with authority, acting on behalf of the consumer or the agency.

(6) DEMONSTRATOR. An assistive device used primarily for the purpose of demonstration to the public.
Ala. Code § 8-17-151 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-151
Section 8-17-151 Purpose and Construction of Division
Status: in_force

The purpose of this division is to render general information to the consuming public as to the amount of taxes levied by the several units of government upon the goods, wares and merchandise identified in this division, and nothing contained in this division shall be construed to convert any taxes levied on such goods, wares and merchandise into a consumer’s sales tax.
Ala. Code § 8-26-34 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-34
Section 8-26-34 Division of Fees with Professional Sports League Prohibited; Offers of Compensation to University Employees for Referrals; Employee of Union or Players Association May Not Have Interest in Revenues
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-19G-4 — Alabama Code / Title 8 / Chapter 19G / Section 8-19G-4
Section 8-19G-4 Retention of Personally Identifying Information Prohibited
Status: in_force

(a) Any commercial entity or third party that performs the required age-verification under Section 8-19G-3 shall not retain any personally identifying information of the individual after access has been granted to the sexual material.

(b) A commercial entity that is found to have knowingly retained identifying information of the individual, as prohibited in subsection (a), shall be liable to the individual for damages resulting from retaining the identifying information, including court costs and reasonable attorney fees as ordered by the court.

(c) Nothing in this section shall apply to a bona fide news-gathering organization.
Ala. Code § 8-1-1 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-1
Section 8-1-1 Contracts Restraining Business Void; Exceptions
Status: reserved

Repealed by Act 2015-465 effective January 1, 2016.
Ala. Code § 8-7A-12 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-12
Section 8-7A-12 Examinations
Status: in_force

(a) The commission may conduct an annual examination of a licensee or of any of its authorized delegates.

(b) The commission may examine a licensee or its authorized delegate, at any time, if the commission has reason to believe that the licensee or authorized delegate is engaging in an unsafe or unsound practice or has violated or is violating this chapter or any rule adopted or order issued under this chapter.

(c) If the commission concludes that an on-site examination is necessary under subsection (b), the licensee shall pay the reasonable cost of the examination.

(d) Information obtained during any examination under this chapter may be disclosed only as prescribed in Section 8-7A-21.
Ala. Code § 8-7B-9 — Alabama Code / Title 8 / Chapter 7B / Section 8-7B-9
Section 8-7B-9
Status: in_force

(a) The commission may suspend or revoke a license if the Alabama qualified payment stablecoin issuer:

(1) Violates this chapter or a rule adopted or an order issued under this chapter;

(2) Does not cooperate with an examination or investigation by the commission;

(3) Engages in fraud, intentional misrepresentation, or gross negligence;

(4) The competence, experience, character, or general fitness of the issuer, person in control of an issuer, key individual, or responsible individual of the authorized delegate indicates that it is not in the public interest to permit the issuer to issue a payment stablecoin;

(5) Engages in an unsafe or unsound practice; or

(6) Is insolvent, suspends payment of its obligations, or makes a general assignment for the benefit of its creditors.

(b) In determining the severity of the violation, the commission may consider the size and condition of the issuer’s payment stablecoin issuance, the magnitude of the loss, the gravity of the violation of this chapter, and the previous conduct of the person involved.
Ala. Code § 8-20A-2 — Alabama Code / Title 8 / Chapter 20A / Section 8-20A-2
Section 8-20A-2 Obligations of Manufacturer
Status: in_force

(a) If a new motor vehicle does not conform to any applicable express warranty, and the consumer delivers the motor vehicle to the manufacturer, its agent, or its authorized dealer, and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the motor vehicle shall be obligated to make such repairs to the motor vehicle as shall be necessary to remedy any nonconforming condition thereof. Such repairs shall be required even after the expiration of the lemon law rights period provided that notice of the nonconforming condition was first given during the lemon law rights period and provided further that the manufacturer’s obligation to repair the nonconforming condition shall not extend beyond the period of 24 months following delivery of the vehicle or 24,000 miles, whichever occurs first.

(b) If, after reasonable attempts, the manufacturer, its agent, or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufacturer shall, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle or shall accept return of the vehicle from the consumer and refund to the consumer the following:

(1) The full contract price including, but not limited to, charges for undercoating, dealer preparation and transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;

(2) All collateral charges, including but not limited to, sales tax, license and registration fees, and similar government charges;

(3) All finance charges incurred by the consumer after he first reported the nonconformity to the manufacturer, its agent, or its authorized dealer; and

(4) Any incidental damages which shall include the reasonable cost of alternative transportation during the period that the consumer is without the use of the motor vehicle because of the nonconforming condition. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer’s use of the vehicle. Refunds shall be made to the consumer, and any lien holders, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent, or authorized dealer, and must be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator 100,000 and having as its numerator the number of miles that the vehicle travelled before the first report of nonconformity.

(c) It shall be presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of 24 months following delivery of the vehicle or 24,000 miles, whichever first occurs, either of the following events shall have occurred:

(1) The same nonconforming condition has been subject to repair attempts three or more times by the manufacturer, its agents or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same nonconforming condition continues to exist; or

(2) The motor vehicle is out of service and in the custody of the manufacturer, its agent, or an authorized dealer due to repair attempts (including the final repair attempt), one of which occurred during the lemon law rights period, for a cumulative total of 30 calendar days, unless such repair could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.
Ala. Code § 8-17-173 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-173
Section 8-17-173 Enforcement of Article; Rules and Regulations; Applicability of Section 2-2-30, Et Seq
Status: in_force

(a) The Commissioner of Agriculture and Industries, through the facilities of the state Department of Agriculture and Industries, shall enforce the provisions of this article. In addition, the commissioner may make and adopt rules pursuant to the Administrative Procedure Act as he or she deems necessary to carry out this article and may establish a filing fee for reimbursement of expenses and costs.

(b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to turpentine regulated by the provisions of this article.
Ala. Code § 8-7A-8 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-8
Section 8-7A-8 Issuance of License
Status: in_force

(a) When an application is filed under this chapter, the commission shall investigate the applicant’s financial condition and responsibility, financial and business experience, character, and general fitness. The commission may conduct an on-site investigation of the applicant, the reasonable cost of which the applicant must pay. The commission shall issue a license to an applicant under this chapter if the commission finds that both of the following conditions have been fulfilled:

(1) The applicant has complied with Sections 8-7A-6 and 8-7A-7.

(2) The financial condition and responsibility, financial and business experience, competence, character, and general fitness of the applicant; and the competence, experience, character, and general fitness of the executive officers, managers, directors, and persons in control of the applicant indicate that it is in the interest of the public to permit the applicant to engage in money transmission.

(b) When an application for an original license under this chapter is determined by the commission to be complete, the commission shall promptly notify the applicant in writing of the date on which the application was determined to be complete, and:

(1) The commission shall approve or deny the application within 120 days after that date.

(2) If the application is not approved or denied within 120 days after that date, the application is approved, and the license takes effect as of the first business day after expiration of the 120-day period.

(c) The commission may for good cause extend the application period.
Ala. Code § 8-19F-5 — Alabama Code / Title 8 / Chapter 19F / Section 8-19F-5
Section 8-19F-5 Deceptive Trade Practices
Status: in_force

A violation of this chapter is a deceptive trade practice under the Deceptive Trade Practices Act, Chapter 19 of this title.
Ala. Code § 8-20-7.1 — Alabama Code / Title 8 / Chapter 20 / Section 8-20-7.1
Section 8-20-7.1 Compensation of Dealers for Recall Repairs
Status: in_force

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

(1) MANUFACTURER. A manufacturer, distributor or wholesaler, factory branch, or distributor branch.

(2) STOP-SALE ORDER. A notification issued by a manufacturer to its franchised new motor vehicle dealers stating that certain used vehicles in inventory shall not be sold or leased, at either retail or wholesale, due to a federal safety recall for a defect or a noncompliance, or a federal emissions recall.

(b) A manufacturer shall compensate its new motor vehicle dealers for all labor and parts required by the manufacturer to perform recall repairs. Compensation for recall repairs shall be reasonable. If parts or a remedy are not reasonably available to perform a recall service or repair on a used vehicle held for sale by a dealer authorized to sell and service new vehicles of the same line-make within 30 days of the manufacturer issuing the initial notice of recall, and the manufacturer has issued a Stop-Sale or Do-Not-Drive order on the vehicle, the manufacturer shall compensate the dealer at a prorated rate of at least one percent of the value of the vehicle per month beginning on the date that is 30 days after the date on which the Stop-Sale or Do-Not-Drive order was provided to the dealer until the earlier of either of the following:

(1) The date the recall or remedy parts are made available.

(2) The date the dealer sells, trades, or otherwise disposes of the affected used motor vehicle.

(c) The value of a used vehicle shall be the average trade-in value for used vehicles as indicated in an independent third party guide for the year, make, and model of the recalled vehicle.

(d) This section shall apply only to used vehicles subject to safety or emissions recalls pursuant to and recalled in accordance with federal law and regulations adopted thereunder and where a Stop-Sale or Do-Not-Drive order has been issued and repair parts or remedy remain unavailable for 30 days or longer. This section further shall apply only to new motor vehicle dealers holding an affected used vehicle for sale:

(1) In inventory at the time the Stop-Sale or Do-Not-Drive order was issued; or

(2) Which was taken in the used vehicle inventory of the dealer as a consumer trade-in incident to the purchase of a new vehicle from the dealer after the Stop-Sale or Do-Not-Drive order was issued; and

(3) That is a line-make that the dealer is franchised to sell or on which the dealer is authorized to perform recall repairs.

(e) Subject to the audit provisions of subsection (d) of Section 8-20-7, it shall be a violation of this section for a manufacturer to reduce the amount of compensation otherwise owed to an individual new motor vehicle dealer, whether through a chargeback, removal of the individual dealer from an incentive program, or reduction in amount owed under an incentive program solely because the new motor vehicle dealer has submitted a claim for reimbursement under this section. This subsection shall not apply to an action by a manufacturer that is applied uniformly among all dealers of the same line-make in the state.

(f) All reimbursement claims made by new motor vehicle dealers pursuant to this section for recall remedies or repairs, or for compensation where no part or repair is reasonably available and the vehicle is subject to a Stop-Sale or Do-Not-Drive order, shall be subject to the same limitations and requirements as a warranty reimbursement claim made under subsection (d) of Section 8-20-7. In the alternative, a manufacturer may compensate its franchised dealers under a national recall compensation program, provided the compensation under the program is equal to or greater than that provided under subsection (b) or as the manufacturer and dealer otherwise agree.

(g) A manufacturer may direct the manner and method in which a dealer must demonstrate the inventory status of an affected used motor vehicle to determine eligibility under this section, provided that the manner and method may not be unduly burdensome and may not require information that is unduly burdensome to provide.

(h) Nothing in this section shall require a manufacturer to provide total compensation to a dealer which would exceed the total average trade-in value of the affected used motor vehicle as originally determined under subsection (c).

(i) Any remedy provided to a dealer under this section is exclusive and may not be combined with any other state or federal recall compensation remedy.
Ala. Code § 8-19C-5 — Alabama Code / Title 8 / Chapter 19C / Section 8-19C-5
Section 8-19C-5 Identification by Telephone Solicitors Required
Status: in_force

(a) Any person or entity who makes a telephone solicitation to the telephone line of a residential subscriber in this state shall identify himself or herself as provided under Section 8-19A-12.

(b) No person or entity who makes a telephone solicitation to the telephone line of a residential subscriber in this state may knowingly utilize a method to block or otherwise circumvent the use of a caller identification service by the subscriber.
Ala. Code § 8-1-126 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-126
Section 8-1-126 Making or Assisting in Making Contract for Future Delivery When Actual Delivery Not Intended - Price Based on Bona Fide Sales on Exchange or Board of Trade Without Making Execution on Exchange or Board of Trade
Status: in_force

(a) Any person, either as agent or principal, who enters into or assists in making any contract of sale for the future delivery of any commodity, article, personal property, stock or bond, wherein no delivery is intended by the parties thereto, and uses as a basis for fixing the price or prices in such contract the bona fide sales made on any exchange or board of trade, without making a bona fide execution of such contract on such exchange or board of trade, shall be guilty of a misdemeanor.

(b) Upon conviction thereof, such a person shall be fined in a sum not to exceed $1,000 or be imprisoned in the county jail not exceeding two years, and any person or persons who shall be guilty of a second offense under this section may be, upon conviction, both fined and imprisoned, in the discretion of the court, in addition to the penalty above described, and if a corporation, it shall be liable to forfeiture of all its rights and privileges as such.

(c) The continuance of such establishment after the first conviction shall be deemed a second offense.
Ala. Code § 8-19A-16 — Alabama Code / Title 8 / Chapter 19A / Section 8-19A-16
Section 8-19A-16 Enforcement Procedures
Status: in_force

(a) If, by his or her own inquiries or as a result of complaints, the enforcing authority has reason to believe that a person has engaged in, or is engaging in a practice that violates this chapter, he or she may administer oaths and affirmations, subpoena witnesses or matter, and collect evidence. Within 10 days after the service of a subpoena or at any time before the return date specified therein, whichever is longer, the party served may file in the circuit court in the county in which he or she resides or in which he or she transacts business and serve upon the enforcing authority a petition for an order modifying or setting aside the subpoena. The petitioner may raise any objection or privilege which would be available under this chapter or upon service of the subpoena in a civil action. The subpoena shall inform the party served of his or her rights under this subsection.

(b) If matter that the enforcing authority seeks to obtain by subpoena is located outside the state, the person subpoenaed may make it available to the enforcing authority or his or her representative to examine the matter at the place where it is located. The enforcing authority may designate representatives, including officials of the state in which the matter is located, to inspect the matter on his or her behalf, and he or she may respond to similar requests from officials of other states.

(c) Upon failure of a person, without lawful excuse, to obey a subpoena and upon reasonable notice to all persons affected, the enforcing authority may apply to the circuit court for an order compelling compliance.
Ala. Code § 8-20A-4 — Alabama Code / Title 8 / Chapter 20A / Section 8-20A-4
Section 8-20A-4 Resale of Returned Motor Vehicle
Status: in_force

If a motor vehicle has been returned to the manufacturer under the provisions of this chapter or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless:

(1) The manufacturer discloses in writing to the subsequent purchaser the fact that the motor vehicle was returned under the provisions of this chapter and the nature of the nonconformity to the vehicle warranty.

(2) The manufacturer returns the title of the motor vehicle to the Alabama Department of Revenue advising of the return of the motor vehicle under provisions of this chapter with an application for title in the name of the manufacturer. The Department of Revenue shall brand the title issued to the manufacturer and all subsequent titles to the motor vehicle with the following statement:

THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY.
Ala. Code § 8-2-6 — Alabama Code / Title 8 / Chapter 2 / Section 8-2-6
Section 8-2-6 Principal Bound by Agent’s Acts Under Ostensible Authority
Status: in_force

A principal is bound by acts of his agent under a merely ostensible authority to those persons only who have in good faith and without want of ordinary care incurred a liability or parted with value upon the faith thereof.
Ala. Code § 8-17-94 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-94
Section 8-17-94 Division Not Applicable to Certain Shipments
Status: in_force

The provisions of this division shall not be construed to be applicable to petroleum products unloaded in any port of the state for shipment from such port into any other state or to any shipments of petroleum products through the state from any other state to a destination point outside the state.
Ala. Code § 8-32-9 — Alabama Code / Title 8 / Chapter 32 / Section 8-32-9
Section 8-32-9 Obligation of Reimbursement Insurance Policy Insurers
Status: in_force

(a) Where reimbursement insurance is applicable, providers are considered to be the agent of the insurer which issued the reimbursement insurance policy solely for purposes of obligating the insurers to service contract holders in accordance with the service contract and this chapter. In cases where a provider is acting as an administrator and enlists other providers, the provider acting as the administrator shall notify the insurer of the existence and identities of the other providers.

(b) This chapter shall not prevent or limit the right of an insurer which issued a reimbursement insurance policy to seek indemnification or subrogation against a provider if the insurer pays or is obligated to pay the service contract holder sums that the provider was obligated to pay pursuant to the provisions of the service contract.
Ala. Code § 8-6-1 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-1
Section 8-6-1 Short Title
Status: in_force

This article may be cited as the “Alabama Securities Act.”
Ala. Code § 8-5-21 — Alabama Code / Title 8 / Chapter 5 / Section 8-5-21
Section 8-5-21 Assignment of Future Wages Void
Status: in_force

(a) All assignments made by any person of salaries or wages, to be earned in the future, shall be absolutely void.

(b) The provisions of this section shall also apply to orders given by employees covering the whole or part of future wages.
Ala. Code § 8-26-6 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-6
Section 8-26-6 Evaluation of Applicant and Principal Place of Business
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-19A-21 — Alabama Code / Title 8 / Chapter 19A / Section 8-19A-21
Section 8-19A-21 Criminal Penalties
Status: in_force

(a) No salesperson shall solicit purchasers on behalf of a commercial telephone seller who is not currently licensed with the division pursuant to this chapter. Any person who violates this subsection commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11.

(b) No commercial telephone seller shall employ or be affiliated with a salesman who is soliciting purchasers and who is not currently licensed with the division pursuant to this chapter. Any person who violates this subsection commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11.

(c) No commercial telephone seller or salesperson shall solicit without a license. Any person who violates this subsection commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11.

(d) Any commercial telephone seller or salesperson who falsifies information on an application commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11.

(e) Except as provided in subsections (a), (b), (c), or (d), any person who otherwise violates any provision of this chapter or who directly or indirectly employs any device, scheme, or artifice to deceive in connection with the offer or sale by any commercial telephone seller commits a Class C felony punishable as provided in Section 13A-5-6 and Section 13A-5-11.

(f) Any person who is convicted of a second or subsequent violation of this chapter commits a Class B felony punishable as provided in Section 13A-5-6 and Section 13A-5-11. A conviction shall include a finding of guilt where adjudication has been withheld.

(g) Any person who violates this chapter shall also be guilty of a violation of Sections 8-19-1 to 8-19-15, inclusive.
Ala. Code § 8-6-113 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-113
Section 8-6-113 Powers of Securities Commission
Status: in_force

(a) The commission may:

(1) Stop the issuance of industrial revenue bonds under the procedures provided in this article.

(2) Issue rules and regulations necessary or desirable to prescribe the form and content of notifications, the conduct of investigations, the issuance of stop orders, appeals by issuers, or references by the director to the commission and the conduct of hearings thereon. No rule or regulation shall be adopted by the commission until the commission shall hold a public hearing on the proposed rules and regulations, notice of which shall be given by publication one time in a daily newspaper published in the City of Montgomery and in any other manner as the commission directs.

(b) The authority granted to the commission in this section is in addition to that granted under Section 8-6-50 et seq., or any other provided by law.
Ala. Code § 8-26B-11 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-11
Section 8-26B-11 Notice to Educational Institution
Status: in_force

(a) In this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message.

(b) Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the athlete is enrolled or at which the agent has reasonable grounds to believe the athlete intends to enroll.

(c) Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete shall inform the athletic director of the educational institution at which the athlete is enrolled that the athlete has entered into an agency contract and the name and contact information of the athlete agent.

(d) If an athlete agent enters into an agency contract with a student athlete and the athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not later than 72 hours after the agent knew or should have known the athlete enrolled.

(e) If an athlete agent has a relationship with a student athlete before the athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the institution of the relationship not later than 10 days after the enrollment if the agent knows or should have known of the enrollment and:

(1) the relationship was motivated in whole or part by the intention of the agent to recruit or solicit the athlete to enter an agency contract in the future; or

(2) the agent directly or indirectly recruited or solicited the athlete to enter an agency contract before the enrollment.

(f) An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the agent communicates or attempts to communicate with:

(1) the athlete or, if the athlete is a minor, a parent or guardian of the athlete, to influence the athlete or parent or guardian to enter into an agency contract; or

(2) another individual to have that individual influence the athlete or, if the athlete is a minor, the parent or guardian of the athlete to enter into an agency contract.

(g) If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the athlete, the agent shall notify in a record the athletic director of any educational institution at which the athlete is enrolled. The notification must be made not later than 10 days after the communication or attempt.

(h) An educational institution that becomes aware of a violation of this chapter by an athlete agent shall notify the Secretary of State and any professional league or players association with which the institution is aware the agent is licensed or registered of the violation.
Ala. Code § 8-19-6 — Alabama Code / Title 8 / Chapter 19 / Section 8-19-6
Section 8-19-6 Interpretation
Status: in_force

It is the intent of the legislature that in construing Section 8-19-5, due consideration and great weight shall be given where applicable to interpretations of the Federal Trade Commission and the federal courts relating to Section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended.
Ala. Code § 8-1-125 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-125
Section 8-1-125 Making or Assisting in Making Contract for Future Delivery When Actual Delivery Not Intended - Profit Intended to Be Paid in Money on Day of Delivery
Status: in_force

If any person shall become a party to any contract for the sale and future delivery of any article or personal property in which it is not intended by the parties thereto that such property shall be actually delivered, but rather the difference between the contract price and the market price on the day of delivery shall be paid in money, if any person shall be the agent, directly or indirectly, of any such party in making, furthering, or effectuating the same, or if any agent or officer of any corporation shall knowingly aid in any way or manner in making or furthering any such contract to which such corporation shall be a party, he shall be guilty of a misdemeanor and on conviction shall be fined not less than $100 nor more than $500, and may be sentenced to hard labor for not less than one month nor more than six months.
Ala. Code § 8-17-100 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-100
Section 8-17-100 (Effective October 1, 2016) Refusal of Inspection Fee Permit; Appeals
Status: in_force

(a) The Department of Revenue may refuse to issue an inspection fee permit under this article if the applicant or any principal of the applicant has done any of the following:

(1) Had a motor fuel license or registration issued by this state or another state canceled for cause.

(2) Been convicted of any offense involving fraud or misrepresentation.

(3) Been convicted of any other offense that indicates that the applicant may not comply with this article if issued an inspection fee permit.

(b) The Department of Revenue may also refuse to issue an inspection fee permit if the applicant is in arrears to the state for any taxes or fees or for other good cause shown.

(c) Any refusal by the Department of Revenue under this section to issue an inspection fee permit may be appealed under the provisions of Chapter 2A of Title 40.
Ala. Code § 8-19A-24 — Alabama Code / Title 8 / Chapter 19A / Section 8-19A-24
Section 8-19A-24 Rules
Status: in_force

The division shall promulgate rules to implement and administer this chapter.
Ala. Code § 8-1A-3 — Alabama Code / Title 8 / Chapter 1A / Section 8-1A-3
Section 8-1A-3 Scope
Status: in_force

(a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction.

(b) This chapter does not apply to a transaction to the extent it is governed by any of the following:

(1) A law governing the creation and execution of wills, codicils, or testamentary trusts.

(2) Title 7, the Uniform Commercial Code, other than Sections 7-1-107 and 7-1-206, Article 2, and Article 2A.

(3) A statute, regulation, or other rule of law governing adoption, divorce, or other matters of family law.

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

(1) Court orders or notices, or official court documents, including briefs, pleadings, and other writings, required to be executed in connection with court proceedings.

(2) Any notice of any of the following:

a. The cancellation or termination of utility services, including water, heat, and power.

b. Default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual.

c. The cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities.

d. Recall of a product, or material failure of a product, that risks endangering health or safety.

(3) Any document required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.

(d) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) or (c) to the extent it is governed by a law other than those specified in subsection (b) or (c).

(e) A transaction subject to this chapter is also subject to other applicable substantive law.

(f) A governmental agency which is a party to a transaction subject to this chapter is also further subject to both of the following:

(1) The records retention requirements for state government records established by the State Records Commission.

(2) The records retention requirements for local government records established by the Local Government Records Commission.
Ala. Code § 8-21A-11 — Alabama Code / Title 8 / Chapter 21A / Section 8-21A-11
Section 8-21A-11 Supplier to Indemnify Dealer Against Claims Relating to Manufacture, Assembly, or Design Beyond Dealer’s Control
Status: in_force

The supplier will fully indemnify and hold harmless its dealer against any losses, including but not limited to: court costs, reasonable attorney’s fees, any damages arising out of complaints, claims or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, warranty either express or implied, or recession of the sale where the complaint, claim or lawsuit relates to the manufacture, assembly, or design of new items covered by this chapter, parts, or accessories, or other matters relating to the manufacturer, beyond the control of the dealer.
Ala. Code § 8-26B-51 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-51
Section 8-26B-51 Compensation for Use of Student Athlete’s Name, Image, or Likeness
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-17-116 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-116
Section 8-17-116 Penalty for Violation of Division
Status: in_force

Any person, firm, corporation or association violating any of the provisions of this division shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $250.
Ala. Code § 8-19A-15 — Alabama Code / Title 8 / Chapter 19A / Section 8-19A-15
Section 8-19A-15 Violations
Status: in_force

(a) It shall be unlawful for any commercial telephone seller or salesperson to require that payment be by credit card authorization or otherwise to announce a preference for that method of payment.

(b) It shall be unlawful for any commercial telephone seller to employ, or be affiliated with, any unlicensed salesperson.

(c) It shall be unlawful for any salesperson to be employed by, or affiliated with, an unlicensed commercial telephone seller.

(d) It shall be unlawful for any commercial telephone seller or salesperson to be unlicensed.

(e) It shall be unlawful for any salesperson or commercial telephone seller to otherwise violate this chapter.
Ala. Code § 8-19-8 — Alabama Code / Title 8 / Chapter 19 / Section 8-19-8
Section 8-19-8 Restraining Orders
Status: in_force

(a) Whenever the office of the Attorney General or the office of the district attorney has reason to believe that any person is engaging in, has engaged in or is about to engage in any act or practice declared to be unlawful by this chapter, the Attorney General or the district attorney may bring an action in the name of the state against such person to restrain by temporary restraining order, temporary or permanent injunction such acts or practices. However, unless the Attorney General or district attorney determines that a person subject to the provisions of this chapter designs quickly to depart from this state or to remove his property therefrom, or to conceal himself or his property therein, or to continue practices unlawful under this chapter, he shall, before initiating any legal proceedings is contemplated, allow such person a reasonable opportunity to appear before the Attorney General or district attorney and solve the dispute to the parties’ satisfaction.

(b) The court may appoint a master or receiver or order sequestration of assets whenever it shall appear that the defendant threatens or is about to remove, conceal, or dispose of his property to the damage of persons to whom restoration would be made, or whenever a person who has been ordered to make restitution under this section has failed to do so within three months after the order to make restitution has become final and nonappealable, and assess the expenses of the master or receiver against the defendant.

(c) Upon a showing to the court by the office of the Attorney General or the office of the district attorney that a person has engaged in continuous and willful violations of the provisions of this chapter, the court may suspend or revoke any license or certificate authorizing that person to engage in business in this state or the court may enjoin any person from engaging in business in this state.

(d) The penalties authorized under this section shall not apply to any person who shows by a preponderance of evidence that he had established reasonable procedures to comply with the provisions of this chapter.

(e) The court may grant such other appropriate relief as the court may determine.
Ala. Code § 8-9A-4 — Alabama Code / Title 8 / Chapter 9A / Section 8-9A-4
Section 8-9A-4 Transfers Fraudulent as to Present and Future Creditors
Status: in_force

(a) A transfer made by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made, if the debtor made the transfer with actual intent to hinder, delay, or defraud any creditor of the debtor.

(b) In determining actual intent under subsection (a), consideration may be given, among other factors, to whether:

(1) The transfer was to an insider;

(2) The debtor retained possession or control of the property transferred after the transfer;

(3) The transfer was disclosed or concealed;

(4) Before the transfer was made the debtor had been sued or threatened with suit;

(5) The transfer was of substantially all the debtor’s assets;

(6) The debtor absconded;

(7) The debtor removed or concealed assets;

(8) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred;

(9) The debtor was insolvent or became insolvent shortly after the transfer was made;

(10) The transfer occurred shortly before or shortly after a substantial debt was incurred; and

(11) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.

(c) A transfer made by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made, if the debtor made the transfer without receiving a reasonably equivalent value in exchange for the transfer and the debtor:

(1) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or

(2) Intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due.
Ala. Code § 8-30-3 — Alabama Code / Title 8 / Chapter 30 / Section 8-30-3
Section 8-30-3 Prohibited Actions
Status: in_force

It shall be unlawful for any cemetery:

(1) To sell or offer to sell any cemetery property, burial lot, burial rights, burial services, or burial merchandise by means of any oral or written untrue statement of a material fact or any omission of a material fact.

(2) In connection with the offer, sale, or purchase of any cemetery property, burial lot, burial rights, burial services, or burial merchandise, directly or indirectly:

a. To employ any device, scheme, or artifice to defraud.

b. To engage in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller.

(3) To sell or offer to sell any cemetery property, burial lot, burial rights, burial services, or burial merchandise by means of any oral or written contract at a price that is above the posted amount.
Ala. Code § 8-16-105 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-105
Section 8-16-105 Sale of Oil at Retail Regulated
Status: in_force

Any person engaged in the business of the sale of oil at retail shall use a standard liquid measure, which measure shall not be a larger capacity than the amount of the purchase by any purchaser; provided, however, that this section shall not prevent the use of a correct liquid-measuring device when so located and disposed as to be clearly visible to and readable by the customer from any position which he may reasonably be expected to assume.
Ala. Code § 8-7B-7 — Alabama Code / Title 8 / Chapter 7B / Section 8-7B-7
Section 8-7B-7
Status: in_force

(a) An Alabama qualified payment stablecoin issuer shall comply with 12 U.S.C. § 5902(a) and any regulations adopted by federal governmental entities implementing the GENIUS Act.

(b) The commission, through the adoption of rules pursuant to Section 8-7B-8 or other means of notice, shall identify the federal laws and regulations applicable to Alabama qualified payment stablecoin issuers. The commission shall ensure that the minimum federal requirements apply to all Alabama qualified payment stablecoin issuers in the state.
Ala. Code § 8-15-10 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-10
Section 8-15-10 Permit - Penalty for Operating Without Permit; Disposition of Proceeds from Penalties
Status: in_force

(a) Any person operating a public warehouse without a permit required by this chapter shall be subject to a penalty of not over $1,000, which may be collected in a civil action instituted at the instance of the Governor, the Attorney General or the Commissioner of Agriculture and Industries.

(b) All moneys received from the collection of such penalty shall accrue to the Agricultural Fund.
Ala. Code § 8-21B-1 — Alabama Code / Title 8 / Chapter 21B / Section 8-21B-1
Section 8-21B-1 Short Title
Status: in_force

This chapter shall be known as and may be cited as the Alabama Heavy Equipment Dealer Act.
Ala. Code § 8-13-8 — Alabama Code / Title 8 / Chapter 13 / Section 8-13-8
Section 8-13-8 License - Fee Generally; Renewal Fee; Issuing Fee; Costs of Investigation and Public Hearing
Status: in_force

(a) For a license for a going out of business sale or distress merchandise sale issued for 30 days or less, the applicant shall pay to the probate judge issuing the same, for the use and benefit of the State of Alabama, a license fee in accordance with the following schedule:

(1) $50 if inventory is $10,000 or less.

(2) $100 if inventory is over $10,000 but less than $25,000.

(3) $200 if inventory is over $25,000 but less than $50,000.

(4) $300 if inventory is over $50,000 but not over $100,000.

(5) $400 if inventory is over $100,000 but not over $200,000.

(6) $500 if inventory is over $200,000.

(b) For a license renewal of 30 days or less, the applicant shall pay an additional license fee of $100.

(c) The applicant shall also pay to the probate judge issuing the license an issuing fee of $25 for each license issued hereunder, and for each renewal of such license, if any, and for all costs of investigation and public hearing.
Ala. Code § 8-15-3 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-3
Section 8-15-3 Permit - Required; Application; Fees
Status: in_force

(a) The judge of probate of the county may not issue a license permitting anyone to transact business as a public warehouseman unless the person presents to the judge of probate a permit to transact such business issued by the Commissioner of Agriculture and Industries showing that he or she has complied with all the provisions of the law and rules and regulations promulgated by the State Board of Agriculture and Industries relative to public warehouses.

(b) Any person desiring to operate a public warehouse shall file with the Commissioner of Agriculture and Industries, upon forms prescribed by the commissioner, a written application, verified by affidavit, which shall set forth the location and the name of such warehouse and the name of such person interested as owner or principal in the management of the same or, if it is managed or controlled by a corporation, the names of the president, secretary, and treasurer of such corporation shall be stated, and the location of the principal office of such corporation. The application shall also state the character of goods or articles for the storage of which the public warehouse will be operated, and the estimated value of articles stored in such warehouse at the time, and during the preceding 12 months, when the value of the articles stored was the greatest.

(c) In the event cotton is stored in the warehouse, the verified application shall also state the number of bales of cotton stored therein during the 12 months next preceding the date of the application.

(d) Where no business has been done during the previous year, the application must state an estimate of the value of the articles which it is anticipated will be stored during the first year in the warehouse.

(e) The application shall also show what persons are authorized to sign receipts for the warehouse.

(f) A filing fee established by the Board of Agriculture and Industries not to exceed one hundred fifty dollars ($150) shall accompany the application, which shall accrue to the credit of the Agricultural Fund to be used in defraying the expenses of executing the provisions of this chapter.

(g) The Commissioner of Agriculture and Industries may issue a permit to a federally bonded warehouse upon the payment of the fee established by the board not to exceed one hundred fifty dollars ($150) without the filing of any bond with the state.
Ala. Code § 8-12-41 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-41
Section 8-12-41 Presumption of Ownership
Status: in_force

Whenever the name, trade name, or trademark of any person, firm, or corporation appears in permanent form upon, or in, any milk bottle, can, crate, or container of any kind in which milk or milk products are sold and delivered, such fact shall create a rebuttable presumption that such person, firm, or corporation is the owner thereof.
Ala. Code § 8-5-24 — Alabama Code / Title 8 / Chapter 5 / Section 8-5-24
Section 8-5-24 Effect of Transfer of Bill, Note, Etc., Given for Purchase Money of Lands
Status: in_force

The transfer of a bond, bill, or note given for the purchase money of lands, whether the transfer be by delivery merely or in writing, expressed to be with or without recourse on the transferor, passes to the transferee the lien of the vendor of the lands.
Ala. Code § 8-3-8 — Alabama Code / Title 8 / Chapter 3 / Section 8-3-8
Section 8-3-8 Payments by Surety Pending Action
Status: in_force

If the surety pays off the debt pending an action against the principal and himself or against the principal alone, such payment shall operate only to cause the action to proceed for the benefit of such surety, and the judgment may be entered in the name of the original plaintiff for the use of such surety.
Ala. Code § 8-19G-2 — Alabama Code / Title 8 / Chapter 19G / Section 8-19G-2
Section 8-19G-2 Definitions
Status: in_force

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

(1) ADULT WEBSITE. A website, application, or digital or virtual platform that uses the Internet to facilitate the dissemination of pictures, videos, or other content, a substantial portion of which is sexual material harmful to minors.

(2) COMMERCIAL ENTITY. The term includes corporations, limited liability companies, partnerships, limited partnerships, sole proprietorships, or other legally recognized entities.

(3) CONSUMER INTEREST DIVISION. The Consumer Interest Division of the Office of the Attorney General.

(4) DISTRIBUTE. To issue, sell, give, provide, deliver, transfer, circulate, or disseminate.

(5) HARMFUL TO MINORS. The term as defined under Section 13A-12-200.1.

(6) MINOR. An individual under 18 years of age.

(7) NEWS-GATHERING ORGANIZATION. Any of the following:

a. A newspaper, news publication, or other news source, whether in printed or electronic format, of current news and public interest.

b. A radio broadcast station, television broadcast station, or cable television operator.

(8) PUBLISH. To communicate or make information available to another person through an online platform.

(9) REASONABLE AGE-VERIFICATION METHOD. Any commercially available software, application, program, or methodology that, when enabled, provides reasonable assurances that any individual accessing certain published material is 18 years of age or older.

(10) SUBSTANTIAL PORTION. More than 33 1/3 percent.
Ala. Code § 8-19C-8 — Alabama Code / Title 8 / Chapter 19C / Section 8-19C-8
Section 8-19C-8 Defenses
Status: in_force

It shall be a defense in any action or proceeding brought under Section 8-19C-6 or Section 8-19C-7 that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of this chapter.
Ala. Code § 8-6-94 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-94
Section 8-6-94 Right of Minor to Receive Dividends, Etc
Status: in_force

A minor may receive in his own right dividends or other moneys in respect to any securities standing in his name on the books of a corporation, bank, or business trust, and such receipt shall constitute a valid and sufficient release and discharge of the corporation, bank, or business trust for such dividends or other moneys paid to such minor, notwithstanding that the corporation, bank, or business trust may have actual or written notice of the minority of such person.
Ala. Code § 8-16-72 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-72
Section 8-16-72 Rules and Regulations for Weighing Agricultural Commodities
Status: in_force

The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, may adopt and promulgate reasonable rules and regulations to carry out the provisions of this division, to the end that persons, firms, corporations, or associations may be furnished with accurate weighing services by the Department of Agriculture and Industries where such services are required for the sale of agricultural commodities.
Ala. Code § 8-16-97 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-97
Section 8-16-97 Milk and Cream Bottles and Containers - Duties of Sealers
Status: in_force

Local sealers of weights and measures are not required to seal bottles or containers for milk or cream marked as provided in this article; but they shall have the power to, and shall from time to time, make tests on individual bottles or containers in order to ascertain if the provisions of this article are being complied with, and they shall immediately report violations found to the Commissioner of Agriculture and Industries.
Ala. Code § 8-19A-9 — Alabama Code / Title 8 / Chapter 19A / Section 8-19A-9
Section 8-19A-9 License Renewal
Status: in_force

(a) Each person licensed under this chapter shall renew his or her license annually by paying the fee for licensing and submitting to the division the application required by this chapter.

(b) Except as otherwise provided in subsection (c), if any material change in the information submitted for licensing occurs before the date for renewal, a licensee shall submit that information to the division in the manner prescribed by the division, along with a fee in the amount of ten dollars ($10).

(c) If any change is made to any script, outline, presentation, sales information, or literature used by a licensee in connection with any solicitation, the new or revised material shall be submitted by the licensee to the division within 10 days of the change.

(d) If any licensee has a change of address or status required to be disclosed pursuant to Sections 8-19A-5 to 8-19A-7, inclusive, notification shall be made to the division in writing within 10 days of the change.
Ala. Code § 8-12-8 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-8
Section 8-12-8 Application for Registration; Contents; Signature and Verification; Filing Fee
Status: in_force

(a) Subject to the limitations set forth in this article, any person who adopts and uses a mark in this state may file in the office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of that mark setting forth, but not limited to, the following information:

(1) The name and business address of the person applying for such registration and, if a corporation, the state of incorporation;

(2) A description of the goods, services, or business in connection with which the mark is used and the mode or manner in which the mark is used in connection with such goods, services, or business and the class in which such goods, services, or business fall;

(3) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or his predecessor in business; and

(4) A statement that the applicant is the owner of the mark and that no other person has the right to use such mark in this state either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor.

(b) Every application under this section shall be signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying.

(c) Every application under this section shall be accompanied by a specimen or facsimile of such mark in triplicate.

(d) Every application for registration under this section shall be accompanied by a filing fee of $30, payable to the Secretary of State.
Ala. Code § 8-21A-3 — Alabama Code / Title 8 / Chapter 21A / Section 8-21A-3
Section 8-21A-3 Violations by Suppliers Generally
Status: in_force

It shall be a violation of this chapter for a supplier to do any of the following:

(1) To coerce, compel, or require any dealer to order or accept delivery of any equipment or parts with special features or accessories not included in the base list price of such equipment as publicly advertised by the supplier which the dealer has not voluntarily ordered.

(2) To coerce, compel, or require any dealer to enter into any agreement, whether written or oral, as a supplement to an existing dealer agreement with such supplier unless such supplemental agreement is imposed on all other dealers in the state doing business with that same supplier.

(3) To discriminate in the delivery of equipment to any dealer in reasonable quantities and within a reasonable time after receipt of the equipment dealer’s order, if the equipment covered by the dealer agreement was specifically represented by the supplier to be available for immediate delivery. However, the failure to deliver the equipment shall not be considered a violation of this chapter if the failure is due to prudent and reasonable restriction on the extension of credit by the supplier to the dealer, an act of God, work stoppage or delay due to a strike or a labor difficulty, a bona fide shortage of materials, freight embargo, or other causes over which the supplier has no control.

(4) To terminate, cancel, or fail to renew a dealer’s agreement or substantially alter that dealer’s competitive circumstances without good cause.

(5) To condition the renewal or extension of a dealer agreement on the dealer’s substantial renovation of the dealer’s place of business or on the construction, purchase, acquisition, or rental of a new place of business by the dealer, unless:

a. the dealer is given at least 12 months’ notice in advance;

b. the supplier’s demand is shown to be reasonable; and

c. the supplier can demonstrate an actual need or necessity for such a change in the place of business in order that the dealer be in a position to adequately serve the public’s needs in his or her trade area at that particular time.

(6) To discriminate in the offering of net prices, sale promotion plans, or any and all other devices of programs that affect the ultimate net price paid by the dealer for any item of equipment offered to the dealer by the supplier. “Item of equipment” shall include, but not be limited to, tractors, any equipment or attachments, garden tractors, lawn and garden equipment, or any other items offered by supplier to their dealer. This subdivision shall not apply to the sales to an equipment dealer for resale to any unit or agency of the United States government, the state, or any of its political subdivisions or any municipality located within this state, and provided further that there is no violation of this subdivision so long as a supplier sells or offers to sell its products to all of its dealers at an equal price.

(7) To prevent or attempt to prevent, by contract or otherwise, any dealer from changing the capital structure of his or her dealership or the means or sources through which he or she finances the operation of his or her dealership so long as the dealer continues to meet the reasonable capital requirements which have previously been agreed upon by dealer and supplier and the change does not result in a change of controlling interest, or in the executive management of the dealership.

(8) To prevent or attempt to prevent, by contract or otherwise, any equipment dealer or any officer, member, partner, or stockholder of any dealer from selling or transferring any part of the interest of any one of them to any other person or persons or party or parties. However, no dealer, officer, partner, member, or stockholder shall have the right to sell, transfer, or assign the dealership and/or the dealer agreement without the written consent of the supplier, provided however that consent shall not be unreasonably withheld.

(9) To require the dealer to agree to a release, agreement, waiver, or any other modification that would relieve supplier or dealer from liability imposed by this chapter.

(10)a. To unreasonably withhold consent, in the event of the death of the dealer or the principal owner of the dealership, to the transfer of the dealer’s interest in the dealership to a member or members of the family of the dealer or the principal owner of the dealership or to another qualified individual if the family member or other qualified individual meets the reasonable requirements, business experience, and character standards required of all dealers at that time by the supplier. In the event the supplier determines that the designated family member or other qualified individual is not acceptable, the supplier shall provide the dealer or his or her family with written notice of its objections and specific reasons for withholding its consent. Frivolous or capricious reasons will not be acceptable to satisfy the requirements of this section. A supplier shall have 30 days in which to consider and make a determination on a dealer’s request to make a transfer to a family member or other qualified individual. As used herein, “family” means a spouse, parents, siblings, children, stepchildren, sons-in-law, daughters-in-law, and lineal descendants including those by adoption of the dealer or principal owner of the dealership.

b. Notwithstanding the foregoing, in the event that a supplier and dealer have previously duly executed an agreement concerning succession rights prior to the dealer’s death, and if the agreement has not been revoked, the agreement shall be observed, even if it designates someone other than the surviving spouse or heirs of the decedent as the successor.

(11) To prevent a dealer from having an investment in or holding a dealership contract for the sale of competing product lines or makes of equipment, or to require a dealer to provide separate facilities for competing product lines or makes of equipment.

(12) To impose, directly or indirectly, unreasonable restrictions on the dealer relative to transfer, renewal, termination, location, or site control.

(13) Notwithstanding the provisions of this section, the supplier may determine that a dealer’s area of responsibility or trade area does not afford sufficient sales potential to continue to reasonably support a dealer.
Ala. Code § 8-21A-13 — Alabama Code / Title 8 / Chapter 21A / Section 8-21A-13
Section 8-21A-13 Statute of Limitations; Accrual of Cause of Action
Status: in_force

Except as otherwise provided, any civil action commenced under the provisions of this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until constituting a violation of the provisions of this chapter.
Ala. Code § 8-8-8 — Alabama Code / Title 8 / Chapter 8 / Section 8-8-8
Section 8-8-8 Interest Accrues on Breach of Contract
Status: in_force

All contracts, express or implied, for the payment of money, or other thing, or for the performance of any act or duty bear interest from the day such money, or thing, estimating it at its money value, should have been paid, or such act, estimating the compensation therefor in money, performed.
Ala. Code § 8-23-12 — Alabama Code / Title 8 / Chapter 23 / Section 8-23-12
Section 8-23-12 Chapter Not Exclusive
Status: in_force

Provisions of this chapter are not exclusive and do not relieve the parties or contracts subject thereto from compliance with all other applicable laws.
Ala. Code § 8-3-40 — Alabama Code / Title 8 / Chapter 3 / Section 8-3-40
Section 8-3-40 Transfer of Judgment to Surety Upon Payment of Same by Surety
Status: in_force

(a) Whenever a judgment is obtained by a creditor on a demand to which there are one or more sureties, the sureties may pay such demand, and the same shall be transferred by operation of law to the surety or sureties paying or satisfying such demand, who shall have all the liens or equities of such judgment and of the debt or claim on which the same is founded.

(b) The plaintiff in the judgment, his agent or attorney of record, when the payment is made, must assign such judgment to the surety or sureties paying the money, who may collect the same, with interest and costs, in the name of the plaintiff for their use, and may assert any lien or right against the principal debtor which the plaintiff could have asserted if the debt had not been paid.
Ala. Code § 8-26B-15 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-15
Section 8-26B-15 Criminal Penalties
Status: in_force

(a) The commission of any conduct prohibited in subsection (a) of Section 8-26B-14 by an individual required by this chapter to register as an athlete agent who has intentionally not registered under this chapter is a Class B felony.

(b) Except for subdivision (1) of subsection (b) of Section 8-26B-14, the commission of any conduct prohibited in Section 8-26B-14 by an athlete agent who has registered under this chapter is a Class C felony.

(c) The commission of any conduct prohibited in subdivision (1) of subsection (b) of Section 8-26B-14 by an athlete agent who has registered under this chapter is a Class A misdemeanor.
Ala. Code § 8-1A-15 — Alabama Code / Title 8 / Chapter 1A / Section 8-1A-15
Section 8-1A-15 Time and Place of Sending and Receipt
Status: in_force

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when the record meets all of the following requirements:

(1) The record is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record.

(2) The record is in a form capable of being processed by that system.

(3) The record enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.

(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when the record meets the following requirements:

(1) The record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record.

(2) The record is in a form capable of being processed by that system.

(c) Subsection (b) applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d).

(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender’s place of business and to be received at the recipient’s place of business. For purposes of this subsection, the following rules apply:

(1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.

(2) If the sender or the recipient does not have a place of business, the place of business is the sender’s or recipient’s residence, as the case may be.

(e) An electronic record is received under subsection (b) even if no individual is aware of its receipt.

(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.

(g) If a person is aware that an electronic record purportedly sent under subsection (a), or purportedly received under subsection (b), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
Ala. Code § 8-8-7 — Alabama Code / Title 8 / Chapter 8 / Section 8-8-7
Section 8-8-7 Maximum Rates of Interest - Exemption of Bonds, Notes, Etc., of State, Instrumentalities, Localities, Etc
Status: in_force

Any bonds, notes, warrants, other evidences of indebtedness, or securities issued by the State of Alabama or any department, agency, or instrumentality thereof, by any not-for-profit public or private corporation at any time organized or created pursuant to act of the Legislature or executive order of the Governor for the purpose of acting as an instrumentality of the State of Alabama or otherwise acting in the public interest and by any board of water and sewer commissioners created under the provisions of Article 10, Chapter 50, Title 11, and authorized to issue bonds under Section 11-50-345 by any municipality, by any county, by any public corporation heretofore or hereafter organized or created in the State of Alabama pursuant to authorization, determination, finding, or other action of any municipality or municipalities or county or counties or the governing body of any one or more thereof, or by any city or county board of education, are hereby exempted from all laws of the State of Alabama governing usury or prescribing or limiting interest rates, including, without limitation, the provisions of this chapter.
Ala. Code § 8-5-23 — Alabama Code / Title 8 / Chapter 5 / Section 8-5-23
Section 8-5-23 Property Injury Claims Against Railroads Assignable
Status: in_force

Claims against railroad companies for injuries to property may be assigned in writing, and each successive assignee thereof may bring an action thereon in his own name.
Ala. Code § 8-16-12 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-12
Section 8-16-12 Possession of Altered, Etc., Weight, Measure or Device Prima Facie Evidence of Guilt
Status: in_force

In all prosecutions for the violation of any laws relating to weights and measures, the possession of a weight, measure or weighing or measuring device which has been altered, changed or in any manner tampered with so that the same shall give a false or wrong weight or measure in either buying or selling any commodity, thing or service shall be prima facie evidence of the guilt of the person having the same in possession.
Ala. Code § 8-2-4 — Alabama Code / Title 8 / Chapter 2 / Section 8-2-4
Section 8-2-4 Agent’s Authority to Effect Purpose of Agency and Represent Authority
Status: in_force

An agent has authority to:

(1) Do everything necessary or proper and usual in the ordinary course of business for effecting the purpose of his agency; and

(2) Make a representation respecting any matter of fact, not including the terms of his authority, but upon which his right to use his authority depends and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made.
Ala. Code § 8-2-3 — Alabama Code / Title 8 / Chapter 2 / Section 8-2-3
Section 8-2-3 Special Agent’s Authority to Receive Price
Status: in_force

A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterwards.
Ala. Code § 8-3-4 — Alabama Code / Title 8 / Chapter 3 / Section 8-3-4
Section 8-3-4 Tender by Surety Discharges Surety
Status: in_force

The surety may tender to the creditor the amount of his debt and demand that the evidence of and the securities for the same be delivered up to him to be enforced against his principal or cosureties; and a failure of the creditor to comply, when within his power, shall operate to discharge the surety.
Ala. Code § 8-15-8 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-8
Section 8-15-8 Permit - Recordation
Status: reserved

Repealed by Act 2014-315, §1, effective April 8, 2014.
Ala. Code § 8-17-101 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-101
Section 8-17-101 Cancellation of Inspection Fee Permit
Status: in_force

(a) In accordance with the provisions of Chapter 2A of Title 40, the Department of Revenue may cancel the inspection fee permit required under Section 8-17-96, upon written notice sent to the permit holder’s last known address, as it appears in the Department of Revenue’s files, for any of the following reasons:

(1) Filing by the permit holder of a false report of the data or information required by this article.

(2) Failure, refusal, or neglect of the permit holder to file a report or to provide any information required by this article.

(3) Failure of the permit holder to pay the full amount of all excise taxes and inspection fees due or to pay any penalties or interest due.

(4) Failure of the permit holder to keep accurate records of the quantities of petroleum products received, produced, refined, manufactured, compounded, sold, imported, or used in Alabama.

(5) Conviction of the permit holder or a principal of the permit holder for any act prohibited under this article.

(6) Failure, refusal, or neglect of a permit holder to comply with any other provision of this article or any rule promulgated pursuant to this article.

(7) Having a motor fuel license or registration issued by this state or another state canceled for cause.

(8) For any change in the ownership or control of the business.

(b) Upon cancellation of any permit for any cause listed above, the inspection fee levied under this article becomes due and payable on all untaxed petroleum products held in storage or otherwise in the possession of the permit holder and all petroleum products sold, delivered, imported, or used prior to the cancellation on which the fee has not been paid.

(c) The permit can be canceled upon the written request of the permit holder.
Ala. Code § 8-26B-32 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-32
Section 8-26B-32 Oversight and Enforcement of Article 3 and Rules Adopted Thereunder
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-19C-9 — Alabama Code / Title 8 / Chapter 19C / Section 8-19C-9
Section 8-19C-9 Limitations
Status: in_force

No action or proceeding may be brought under Section 8-19C-6 or Section 8-19C-7 more than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or more than two years after the termination of any proceeding or action by the state, whichever is later.
Ala. Code § 8-1-124 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-124
Section 8-1-124 Contracts for Future Delivery of Cotton Not Made Subject to Federal Statutes Prima Facie Evidence of Void Contract
Status: in_force

Proof of the fact that any contract for the future delivery of cotton was not made subject to the provisions of any federal statute relating thereto, including such amendments as may hereafter be made to such statutes by Congress, shall be prima facie evidence of an illegal contract declared void by this article.
Ala. Code § 8-9B-14 — Alabama Code / Title 8 / Chapter 9B / Section 8-9B-14
Section 8-9B-14 Uniformity of Application and Construction
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Ala. Code § 8-15-43 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-43
Section 8-15-43 Access for Inspection or Repair of Leased Space
Status: in_force

An occupant, upon reasonable request from the operator, shall allow the operator to enter a leased space for the purpose of inspection or repair. If an emergency occurs, an operator may enter a leased space for inspection or repair without notice to or consent from the occupant.
Ala. Code § 8-26-40 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-40
Section 8-26-40 Effect of Failure to Comply with Section 8-26-4
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-16-58 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-58
Section 8-16-58 Reweighing of Certified Commodity, Produce or Article
Status: in_force

When doubt or differences arise as to the correctness of the net or gross weight of any amount or part of any commodity, produce or article for which a certificate of weights and measures has been issued by a public weighmaster, the owner, agent or consignee, upon complaint to the Commissioner of Agriculture and Industries or his assistants, may have such amount or part of the amount of any commodity, produce or article reweighed by the commissioner, his assistants or a public weighmaster designated by him, the services for which reweigh, when performed by the commissioner or his assistants, shall be gratis.
Ala. Code § 8-12-7 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-7
Section 8-12-7 Registrability
Status: in_force

(a) A mark by which the goods, services, or business of any applicant for registration may be distinguished from the goods, services, or business of others shall not be registered if it:

(1) Consists of or comprises immoral, deceptive, or scandalous matter;

(2) Consists of or comprises matter which may disparage or falsely suggest a connection with a person, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;

(3) Consist of or comprises the flag or coat of arms or other insignia of the United States, of any state or municipality or of any foreign nation, or any simulation thereof;

(4) Consists of, comprises or includes the name, signature, or portrait of any living individual, except with his written consent;

(5) Consists of a mark which: a. When applied to the goods, services, or business of the applicant, is merely descriptive or deceptively misdescriptive of them; or b. When applied to the goods, services, or business of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or c. Is primarily merely a surname; provided, however, that nothing in this subdivision shall prevent the registration of a mark used in this state by the applicant which has become distinctive of the applicant’s goods, services, or business. The Secretary of State may accept as evidence that the mark has become distinctive, as applied to the applicant’s goods, services, or business, proof of continuous use thereof as a mark by the applicant in this state or elsewhere for the five years next preceding the date of the filing of the application for registration; or

(6) Consists of or comprises a mark which so resembles a mark registered in this state or a mark previously used in this state by another and not abandoned, as to be likely, where applied to the goods, services, or business of the applicant, to cause confusion or mistake or to deceive. Such a mark may be registered when the prior registrant or assignee, or the previous user of the mark gives his written consent, and the parties identify by affidavit their respective separate geographic markets and state that neither plans to expand into the other’s market.

(b) Neither the issuance of a certificate of incorporation to a domestic corporation or a certificate of authority to a foreign corporation or a certificate of registration to a foreign limited partnership, nor the reservation or registration of a corporate name bestows any rights of ownership in a mark, and the issuance to another of a certificate of incorporation, a certificate of authority, a certificate of registration of a foreign limited partnership, a certificate of reservation of corporate name, or a certificate of registration of corporate name shall not serve as the basis for refusing registration of a mark.
Ala. Code § 8-16-93 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-93
Section 8-16-93 Net Quantities of Contents of Packages to Be Marked on Outside
Status: in_force

(a) It shall be unlawful to keep for the purpose of sale, offer or expose for sale or sell any commodity in package form unless the net quantity of the contents is plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count; provided, however, that reasonable variations or tolerances shall be permitted, and that these reasonable variations and tolerances shall be established by rules and regulations made and promulgated by the State Board of Agriculture and Industries; and provided further, that this section shall not be construed to apply to those commodities in package form, the manner of sale of which is specifically regulated by the provisions of other sections of this chapter.

(b) The words “in package form,” as used in this section, shall be construed to include a commodity in a package, carton, case, can, box, barrel, bottle, phial or other receptacle or in coverings or wrappings of any kind put up by the manufacturer, or put up prior to the order of the commodity by the vendor, which may be labeled, branded, stenciled or otherwise marked or which may be suitable for labeling, branding, stenciling or marking otherwise, making one complete package of the commodity. The words “in package form” shall be construed to include both the wholesale and the retail package. “Package,” as used in this section, does not include any container in which are packed or contained packages of a smaller size of a commodity, but the provisions of this section apply only to the container directly including the commodity.
Ala. Code § 8-7A-22 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-22
Section 8-7A-22 Cooperation
Status: in_force

The commission may consult and cooperate with other federal and state agencies in enforcing and administering this chapter. The commission may jointly pursue examinations and take other official action that it is otherwise empowered to take.
Ala. Code § 8-37-2 — Alabama Code / Title 8 / Chapter 37 / Section 8-37-2
Section 8-37-2 Definitions
Status: in_force

THIS SECTION WAS AMENDED BY ACT 2022-179 IN THE 2022 REGULAR SESSION, EFFECTIVE JANUARY 1, 2023. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.

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

(1) ADMINISTRATOR. A person, other than an insurer or creditor, that performs administrative or operational functions pursuant to guaranteed asset protection waiver programs.

(2) BORROWER. A debtor, retail buyer or lessee, under a finance agreement.

(3) CREDITOR means any of the following:

a. The lender in a loan or credit transaction.

b. The lessor in a lease transaction.

c. Any retail seller of motor vehicles in a retail installment transaction.

d. The seller in commercial retail installment transactions.

e. The assignees of any of the foregoing to whom the credit or lease obligation is payable.

(4) FINANCE AGREEMENT. A loan, lease, or retail installment sales contract for the purchase or lease of a motor vehicle.

(5) FREE LOOK PERIOD. The period of time from the effective date of the GAP waiver until the date the borrower may cancel the GAP waiver without penalty, fees, or costs to the borrower. This period of time shall not be shorter than 30 days.

(6) GUARANTEED ASSET PROTECTION WAIVER or GAP WAIVER. A contractual agreement in which a creditor agrees for a separate charge to cancel or waive all or part of amounts due on a borrower’s finance agreement in the event of a total physical damage loss or unrecovered theft of the motor vehicle, which agreement shall be part of, or a separate addendum to, the finance agreement.

(7) INSURER. An insurance company licensed, registered, or otherwise authorized to do business under the insurance laws of this state.

(8) MOTOR VEHICLE. Self-propelled or towed vehicles designed for personal or commercial use, including but not limited to automobiles, trucks, motorcycles, recreational vehicles, all terrain vehicles, snowmobiles, campers, boats, personal watercraft, and motorcycle, and boat, camper and personal watercraft trailers.

(9) PERSON. An individual, company, association, organization, partnership, business trust, corporation, and every form of legal entity.
Ala. Code § 8-16-95 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-95
Section 8-16-95 Milk and Cream Bottles and Containers - Capacities; Markings; Bond Required of Manufacturers
Status: in_force

(a) Bottles or other containers used for the sale of milk or cream shall be of the capacity of one gallon, three quarts, one-half gallon, one quart, one-third quart, one pint, one-half pint, and one gill.

(b) Each bottle or other container used for the sale of milk or cream shall be clearly and permanently marked with its capacity and with the word “sealed.” For purposes of identification, such bottles and other containers shall also have clearly and permanently marked thereon the name, initials or trademark of the manufacturer and the manufacturer’s mold designation which identifies the pattern or design of the bottles. The capacity designation and the word “sealed” shall be clearly and permanently marked on the side of the bottle or container.

(c) A bond of $1,000, with surety to be approved by the Commissioner of Agriculture and Industries, together with a complete description of the bottle or container, shall be furnished the commissioner by the manufacturer, conditioned upon their conformance with the requirements of this section and such regulations as may be promulgated by the State Board of Agriculture and Industries for the purposes of this section. A record of the bonds furnished and identification shall be kept in the office of the commissioner.
Ala. Code § 8-19K-7 — Alabama Code / Title 8 / Chapter 19K / Section 8-19K-7
Section 8-19K-7
Status: in_force

An app store provider shall do both of the following with respect to pre-installed apps:

(1) Provide available age category information in response to a request from a developer.

(2) Take reasonable measures to facilitate verifiable parental consent for use of a pre-installed app in response to a request from a developer.
Ala. Code § 8-19-7 — Alabama Code / Title 8 / Chapter 19 / Section 8-19-7
Section 8-19-7 Exemptions
Status: in_force

Nothing in this chapter shall apply to:

(1) Acts done by the publisher, owner, agent or employee of a newspaper, periodical, radio, or television station or telephone company in the publication or dissemination of an advertisement, which the owner, agent, or employee did not have knowledge of the false, misleading or deceptive character of the advertisement;

(2) Any seller of goods or services who meets all the following requirements:

a. Has disseminated advertisement or promotional material from a manufacturer, packer, distributor, or other seller, from whom he has purchased the goods or services, unless the seller knew the advertisement or promotional material to be false or misleading; and

b. On the request of the Attorney General or district attorney, provides the name and address of the manufacturer, packer, distributor or other seller from whom he has purchased the goods or services; and

c. On the request of the Attorney General or district attorney, agrees in writing to discontinue dissemination of such false and misleading material;

(3) Any person or activity which is subject to the provisions of the Alabama Insurance Code, Title 27, as amended, or any bank or affiliate of a bank which is regulated by the State Banking Department of Alabama, the Comptroller of the Currency of the United States, Federal Deposit Insurance Corporation or the Board of Governors of the Federal Reserve System, or to any person or activity which is subject to the provisions of Title 10, Chapter 4, Article 6, or to the regulated activities of any utility, telephone company or railroad which is regulated by the Alabama Public Service Commission;

(4) Any violation of the Federal Consumer Credit Protection Act (15 U.S.C. §1601 et seq.);

(5) Any activity which is subject to the provisions of the Securities Act of Alabama, Chapter 6 of this title or to the provisions of the Sale of Checks Acts, Chapter 7 of this title; or to the provisions of Article 5 of Chapter 6 of this title (relating to a notification procedure for the issuance of certain industrial revenue bonds).

(6) For purposes of this section, the burden of proving exemption from the provisions of this chapter shall be upon the person claiming the exemption.
Ala. Code § 8-5-2 — Alabama Code / Title 8 / Chapter 5 / Section 8-5-2
Section 8-5-2 Issuance of Change Bills, Etc., by Corporations Prohibited
Status: in_force

No corporation doing business in this state shall pay out, by its agents or officers, any change bills, notes, or paper issued without authority of law, the circulation or passing of which is prohibited by the laws of this state; and if such corporation allows the same, it incurs a forfeiture of its charter.
Ala. Code § 8-26A-4 — Alabama Code / Title 8 / Chapter 26A / Section 8-26A-4
Section 8-26A-4 Athlete Agents; Registration Required; Void Contracts
Status: reserved

Repealed by Act 2016-415, §2, effective October 1, 2016.
Ala. Code § 8-16-103 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-103
Section 8-16-103 Flour to Be Sold in Packages of Five to 200 Pounds; 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 flour 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 flour 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 flour in weight packages weighing less than five pounds.

(b) The provisions of this section shall not apply to the sale of flour to commercial bakers or blenders or for export in containers of more than 100 pounds.

(c) For the purpose of this section, the term “flour” shall include flours derived from cereals or other vegetable sources and mixtures of the same with or without added chemicals or other modifying agents.
Ala. Code § 8-12-16 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-16
Section 8-12-16 Liability to Civil Action for Infringement
Status: in_force

Subject to the provisions of Section 8-12-19, any person who shall:

(1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this article in connection with a business, or with the sale, offering for sale, or advertising of any goods or services, and such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services or the sponsorship of such business; or

(2) Reproduce, counterfeit, copy, or colorably imitate any such mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the business or with the sale or other distribution in this state of such goods or services;

shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in Section 8-12-18, except that under subdivision (2) of this section the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.
Ala. Code § 8-6-140 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-140
Section 8-6-140 Definitions
Status: in_force

For the purposes of this article, the following words have the following meanings unless the context otherwise requires:

(1) BENEFICIARY FORM. A registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.

(2) DEVISEE. Any person designated in a will to receive a disposition of real or personal property.

(3) HEIRS. Those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.

(4) PERSON. An individual, a corporation, an organization, or other legal entity.

(5) PERSONAL REPRESENTATIVE. Includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.

(6) PROPERTY. Includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

(7) REGISTER. Including its derivatives, means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities.

(8) REGISTERING ENTITY. A person who originates a security title by registration, and includes a securities broker or dealer, bank, or other depository institution, trust company, investment adviser, or other financial institution that maintains security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.

(9) SECURITY. A share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.

(10) SECURITY ACCOUNT. a. A reinvestment account associated with a security.

b. A securities, brokerage, investment management, or custody account maintained with a securities broker or dealer, bank, or other depository institution, trust company, investment adviser, or other financial institution and any securities held in such account.

c. The cash balance in any reinvestment account associated with a security or in any securities, brokerage, investment management, or custody account maintained with a securities broker or dealer, bank, or other depository institution, trust company, investment adviser, or other financial institution, whether or not credited to the account before the owner’s death.

d. Cash, cash equivalents, meaning any investment that is easily converted into cash, including Treasury bills, Treasury notes, money market funds, savings bonds, short-term instruments, short-term obligations, and similar instruments or obligations, interest, earnings, or dividends earned or declared on a security in any reinvestment account associated with a security or in any securities, brokerage, investment management, or custody account maintained with a securities broker or dealer, bank, or other depository institution, trust company, investment adviser, or other financial institution.

e. A cash balance or other property held for or due to the owner of a security as a replacement for or product of any security in any reinvestment account associated with such security or in any securities, brokerage, investment management, or custody account maintained with a securities broker or dealer, bank, or other depository institution, trust company, investment adviser, or other financial institution, whether or not credited to the account before the owner’s death.

(11) STATE. Includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
Ala. Code § 8-6-27 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-27
Section 8-6-27 Commission to Keep Register; Register to Be Open for Public Inspection
Status: in_force

The Securities Commission shall keep a register of all applications for registration and registration statements which are or have ever been effective under this article and all denial, suspension, or revocation orders which have ever been entered under this article. The register shall be open for public inspection. The information contained in or filed with any registration statement, application, or report may be made available to the public under such rules as the commission prescribes.
Ala. Code § 8-6-17 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-17
Section 8-6-17 Prohibited Acts Regarding Offer, Sale, or Purchase of Securities
Status: in_force

(a) It is unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly, to:

(1) Employ any device, scheme, or artifice to defraud;

(2) Make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or

(3) Engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person.

(b) It is unlawful for any person who receives, directly or indirectly, any consideration from another person for advising the other person as to the value of securities or their purchase or sale, whether through the issuance of analyses or reports or otherwise,

(1) to employ any device, scheme, or artifice to defraud the other person,

(2) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon the other person,

(3) acting as principal for his own account, knowingly to sell any security to or purchase any security from a client, or acting as broker for a person other than such client, knowingly to effect any sale or purchase of any security for the account of such client, without disclosing to such client in writing before the completion of such transaction the capacity in which he is acting and obtaining the consent of the client to such transaction. The prohibitions of this subdivision shall not apply to any transaction with a customer of a dealer if such dealer is not acting as an investment adviser in relation to such transaction; or

(4) to engage in dishonest or unethical practices as the commission may define by rule.

(c) In the solicitation of advisory clients, it is unlawful for any person to make any untrue statement of a material fact, or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

(d) Except as may be permitted by rule or order of the commission, it is unlawful for any investment adviser to enter into, extend, or renew any investment advisory contract unless it provides in writing,

(1) that the investment adviser shall not be compensated on the basis of a share of capital gains upon or capital appreciation of the funds or any portion of the funds of the client;

(2) that no assignment of the contract may be made by adviser without the consent of the other party to the contract; and

(3) that the investment adviser, if a partnership, shall notify the other party to the contract of any change in the membership of the partnership within a reasonable time after the change.

(e) Subdivision (d)(1) does not prohibit an investment advisory contract which provides for compensation based upon the total value of a fund averaged over a definite period, or as of definite dates or taken as of a definite date. “Assignment,” as used in subdivision (d)(2), includes any direct or indirect transfer or hypothecation of an investment advisory contract by the assignor or of a controlling block of the assignor’s outstanding voting securities by a security holder of the assignor; but, if the investment adviser is a partnership, no assignment of an investment advisory contract is considered to result from the death or withdrawal of a minority of the members of the investment adviser having only a minority interest in the business of the investment adviser, or from the admission to the investment adviser of one or more members who, after admission, will be only a minority of the members and will have only a minority interest in the business.

(f) It is unlawful for any investment adviser to take or have custody of any securities or funds of any client if,

(1) the commission by rule prohibits custody; or

(2) in the absence of rule, the investment adviser fails to notify the commission that he has or may have custody.

(g) The commission may by rule or order adopt exemptions from subdivision (b)(3) and subdivisions (d)(1), (d)(2) and (d)(3) where such exemptions are consistent with the public interest and within the purposes fairly intended by the policy and provisions of this act.
Ala. Code § 8-1-194 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-194
Section 8-1-194 Burden of Proof
Status: in_force

The party seeking enforcement of the covenant has the burden of proof on every element. The party resisting enforcement of the covenant has the burden of proving the existence of undue hardship, if raised as a defense.
Ala. Code § 8-19A-13 — Alabama Code / Title 8 / Chapter 19A / Section 8-19A-13
Section 8-19A-13 Gifts, Premiums, Bonuses, or Prizes; Disclosures
Status: in_force

If a commercial telephone seller expressly or impliedly represents to any prospective purchaser, directly or through a salesperson, that the purchaser is or may be eligible to receive any gift, premium, bonus, or prize, however denominated, the commercial telephone seller shall submit to the division a statement setting forth, for each item mentioned:

(1) A description of the item.

(2) The value or worth of the item and the basis for the valuation.

(3) All terms and conditions a purchaser is required to satisfy in order to receive the item. The statement shall be accompanied by a copy of the written statement of terms and conditions provided to purchasers pursuant to this chapter.

(4) If they are ascertainable, the odds, for a given purchaser, of receiving the item.

(5) If a purchaser is to receive fewer than all the items described by the seller:

a. The manner in which the commercial telephone seller decides which item a given purchaser is to receive.

b. If they are ascertainable, the odds, for a given purchaser, of receiving each item described.

c. The name and address of each person who has, during the preceding 12 months or any portion thereof in which the commercial telephone seller has done business, received each gift, premium, bonus, or prize. The provisions of this section shall not apply if the item is unconditionally offered to a purchaser as part of a sale and the buyer has seven days to return the goods or cancel the services and the right to receive a full refund in 30 days and the right to keep the item in that case without cost.
Ala. Code § 8-43-1 — Alabama Code / Title 8 / Chapter 43 / Section 8-43-1
Section 8-43-1 Short Title
Status: in_force

This chapter shall be known as the “Alabama Genetic Data Privacy Act.”
Ala. Code § 8-17-102 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-102
Section 8-17-102 Filing of Returns
Status: in_force

Every return required to be filed under this article shall be on forms and by means prescribed by the Revenue Commissioner and furnished by the Department of Revenue and shall contain any information the Department of Revenue considers necessary for the enforcement of this article.
Ala. Code § 8-1-44 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-44
Section 8-1-44 Contract Signed by One Party Only May Be Enforced by Other
Status: in_force

A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform, it on his part and the case is otherwise proper for enforcing specific performance.
Ala. Code § 8-25-1 — Alabama Code / Title 8 / Chapter 25 / Section 8-25-1
Section 8-25-1 Definitions
Status: in_force

As used in this chapter, the following words and phrases shall have the following meanings ascribed to them, unless the context clearly indicates otherwise:

(1) ADVERTISEMENT. A commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement, except for instore merchandising aids.

(2) CONSUMER. An individual who leases personal property under a rental-purchase agreement.

(3) MERCHANDISE. The personal property that is the subject of a rental-purchase agreement.

(4) MERCHANT. A person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of merchandise under a rental-purchase agreement, and includes a person who is assigned an interest in a rental-purchase agreement.

(5) RENTAL-PURCHASE AGREEMENT. An agreement for the use of merchandise by a consumer for personal, family, or household purposes, for an initial period of four months or less that is automatically renewable with each payment after the initial period, and that permits the consumer to become the owner of the merchandise. This term does not include any transaction wherein a consumer sells personal property to a merchant and then leases the same personal property back with or without a right to repurchase the property. Any rental-purchase agreement in compliance with this chapter shall not be construed to be, nor governed by the laws relating to:

a. A “credit sale” as that term is defined in subdivision (4) of Section 5-19-1; or

b. A “security interest” as that term is defined in subdivision (37) of Section 7-1-201 of the Uniform Commercial Code.
Ala. Code § 8-35-3 — Alabama Code / Title 8 / Chapter 35 / Section 8-35-3
Section 8-35-3 Notice of Rights
Status: in_force

At any time that a consumer is required to receive a summary of rights required by 15 U.S.C. §1681g(d) of the federal Fair Credit Reporting Act, the consumer shall also be provided with the following notice:

“Alabama Consumers Have the Right to Obtain a Security Freeze. You have a right to place a security freeze on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. A security freeze must be requested in writing by certified mail or by electronic means as provided by a consumer reporting agency. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. If you are actively seeking a new credit, loan, utility, telephone, or insurance account, you should understand that the procedures involved in lifting a security freeze may slow your applications for credit. You should plan ahead and lift a freeze in advance of actually applying for new credit. When you place a security freeze on your credit report, you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a period of time after the freeze is in place.

“To provide that authorization you must contact the consumer reporting agency and provide all of the following:

”(1) Your personal identification number or password.

”(2) Proper identification to verify your identity.

”(3) The proper information regarding the period of time for which the report shall be available. A consumer reporting agency must authorize the release of your credit report no later than 15 minutes after receiving the above information if the request is by electronic means or by telephone, or no later than three business days when a written request is submitted.

“A security freeze does not apply to a person or entity, or its affiliates or collection agencies acting on behalf of the person or entity, with which you have an existing account, that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance. Unless you are a victim of identity theft with a police report or other official document acceptable to a consumer reporting agency to verify the crime, or you are 65 years of age or older, a consumer reporting agency has the right to charge you a fee of no more than ten dollars ($10) to place a freeze on your credit report.”
Ala. Code § 8-7A-11 — Alabama Code / Title 8 / Chapter 7A / Section 8-7A-11
Section 8-7A-11 Relationship Between Licensee and Authorized Delegate
Status: in_force

(a) A contract between a licensee and an authorized delegate shall require the authorized delegate to operate in full compliance with this chapter.

(b) The licensee shall establish, furnish, and enforce policies and procedures sufficient to ensure that its authorized delegates comply with this chapter.

(c) An authorized delegate may not use a subdelegate to conduct money transmission on behalf of a licensee.
Ala. Code § 8-8-6 — Alabama Code / Title 8 / Chapter 8 / Section 8-8-6
Section 8-8-6 Maximum Rates of Interest - Exemption of Debts Incurred Pursuant to National Housing Act or Veterans’ Benefits
Status: in_force

(a) All debts or extensions of credit incurred pursuant to any provision of the act of Congress known as the National Housing Act, as the same now exists or may hereafter be amended or supplemented, and all debts or extensions of credit incurred pursuant to any act of Congress relating to veterans’ benefits, as the same now exists or may hereafter be amended or supplemented, are exempt from any law of this state relating to usury or prescribing or limiting interest rates.

(b) The provisions of this section are remedial and supersede the provisions of any other act limiting interest rates in any way contrary to the provisions hereof.
Ala. Code § 8-22-12 — Alabama Code / Title 8 / Chapter 22 / Section 8-22-12
Section 8-22-12 Applicability of Chapter Generally
Status: in_force

(a) The provisions of the Motor Fuel Marketing Act shall not apply to a sale at wholesale or a sale at retail made

(1) In an isolated transaction and not in the usual course of business;

(2) Where motor fuels are advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in such motor fuel, and said advertising, offer to sell, or sale shall state the reason thereafter and the quantity of such motor fuel advertised, offered for sale, or to be sold;

(3) Where motor fuel is advertised, offered for sale, or sold as imperfect or damaged, and said advertising, offer of sale or sale shall state the reason therefor and the quantity of such motor fuel advertised, offered for sale, or to be sold;

(4) Where motor fuel is sold upon the final liquidation of a business; or

(5) Where motor fuel is advertised, offered for sale, or sold by any fiduciary or other officer under the order or direction of any court.

(b) The notice required to be given under this section shall not be sufficient unless the subject of such sales is kept separate from other stocks and clearly and legibly marked with the reason for such sales, and any advertisement of such goods must indicate the same facts and the quantity to be sold.
Ala. Code § 8-12A-6 — Alabama Code / Title 8 / Chapter 12A / Section 8-12A-6
Section 8-12A-6 Construction of Chapter
Status: in_force

(a) This chapter shall not be construed to limit rights and remedies available to the State of Alabama or to any person under any other law and shall not alter or restrict the Attorney General’s authority under law with regard to conduct involving assertions of patent infringement.

(b) This chapter shall be interpreted consistently with any federal law or regulations governing patents or patent infringement.
Ala. Code § 8-17-1 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-1
Section 8-17-1 Definitions
Status: in_force

For the purpose of this article, the following words shall have the meanings respectively ascribed to them by this section:

(1) COMMISSIONER. The Commissioner of Agriculture and Industries.

(2) PERSON. Any individual, partnership, firm, corporation or association.

(3) BRAKE FLUID. Any and all substances, liquids, or preparations used or intended for use as a brake medium or to be added to a brake fluid in the braking system of any motor vehicle for use in hydraulic brakes.

(4) PACKAGE. The immediate container in which the brake fluid is packed for sale but does not include a carton or wrapping containing several packages, nor a tank car or truck.
Ala. Code § 8-16-91 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-91
Section 8-16-91 Net Weight of Commodity Basis for Sales by Weight
Status: in_force

Whenever any commodity, other than bale cotton, is sold on a basis of weight, it shall be unlawful to employ any other weight in such sale than the net weight of the commodity; and all contracts concerning goods sold on a basis of weight shall be understood and construed accordingly. Whenever the “weight” of a commodity is mentioned in this chapter, it shall be understood and construed to mean the net weight of the commodity.
Ala. Code § 8-17-226 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-226
Section 8-17-226 Effect of Article on Validity of City Ordinances
Status: in_force

(a) This article does not affect the validity of any city ordinance further restricting the sale or use of aerial devices and audible ground devices, including the authority to adopt ordinances related to aerial devices, sparkling devices, and audible ground devices in accordance with Section 11-45-9.1.

(b) A municipality may enact an ordinance further restricting the sale or use of sparkling devices or novelties. The State Fire Marshal shall keep a current listing of those municipalities that have enacted an ordinance further restricting the sale or use of sparkling devices or novelties. This subsection shall not affect any existing ordinance in a Class 1 municipality.

(c) Nothing in this section shall be construed to limit or restrict a municipality from including the revenue derived from the devices listed above from the gross receipts calculation used as the basis for a retailer’s existing business license as provided in Section 11-51-90.
Ala. Code § 8-22-14 — Alabama Code / Title 8 / Chapter 22 / Section 8-22-14
Section 8-22-14 Contracts Violative of Chapter Rendered Void and Unenforceable
Status: in_force

Any contract, express or implied, made by any person in violation of any of the provisions of this chapter, is illegal and void and no recovery shall be had thereon.
Ala. Code § 8-16-2 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-2
Section 8-16-2 Standard Measure of Length, Surface, Weight, and Capacity
Status: in_force

There is but one unit or standard measure of length and surface, one of weight, one of capacity for liquid substances, and one of capacity for dry substances throughout this state, which must be in conformity with the standard measure of length, surface, weight, and capacity established by Congress. Any firm, association, corporation, or person selling, offering, or exposing for sale any commodity by weight or measure which does not correspond with such standard or measure is guilty of a misdemeanor.
Ala. Code § 8-20-4.1 — Alabama Code / Title 8 / Chapter 20 / Section 8-20-4.1
Section 8-20-4.1 Obligation to Act in Good Faith and Deal Fairly
Status: in_force

Every dealer agreement entered into under Act 2010-198 shall impose on the parties the obligation to act in good faith and to deal fairly.
Ala. Code § 8-26-16 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-16
Section 8-26-16 Surety Bond - Suspension for Failure to Maintain Coverage
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-6-60 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-60
Section 8-6-60 Place of Office
Status: in_force

The Securities Commission and the director thereof shall maintain offices in the capital city of the state, and all records of the commission shall be kept at these offices.
Ala. Code § 8-1A-17 — Alabama Code / Title 8 / Chapter 1A / Section 8-1A-17
Section 8-1A-17 Creation and Retention of Electronic Records; Conversion of Written Records
Status: in_force

(a) The Alabama Supreme Court and any other court or judicial official or entity with rulemaking authority and each governmental agency of this state with rulemaking authority reviewable under Section 41-22-23 may determine by rule whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.

(b) The governing body of each municipality in the state may determine by ordinance whether, and the extent to which, an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the municipality shall create and retain electronic records and convert written records to electronic records.
Ala. Code § 8-9B-7 — Alabama Code / Title 8 / Chapter 9B / Section 8-9B-7
Section 8-9B-7 When Transfer Is Made
Status: in_force

For the purposes of this chapter:

(1) a transfer is made:

(i) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

(ii) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee;

(2) if applicable law permits the transfer to be perfected as provided in paragraph (1) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action;

(3) if applicable law does not permit the transfer to be perfected as provided in paragraph (1), the transfer is made when it becomes effective between the debtor and the transferee; and

(4) except with respect to personal property and fixtures where a lender has perfected its security interest in such property in which event paragraph (1)(i) shall apply, a transfer is not made until the debtor has acquired rights in the asset transferred.
Ala. Code § 8-26B-61 — Alabama Code / Title 8 / Chapter 26B / Section 8-26B-61
Section 8-26B-61 Violations
Status: reserved

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Ala. Code § 8-23-10 — Alabama Code / Title 8 / Chapter 23 / Section 8-23-10
Section 8-23-10 Supervision and Enforcement of Chapter
Status: in_force

Supervision and enforcement of the provisions of this chapter shall rest with the Attorney General and district attorneys of the several judicial circuits where such health studios are situated, respectively.
Ala. Code § 8-17-295 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-295
Section 8-17-295 Exceptions
Status: in_force

(a) This article shall not apply to sheriffs, recreational vehicle parks, as defined in Section 35-15-30, governmental entities, or summer camps. (b) For the purposes of this article, “summer camps” include facilities providing lodging, meals, and educational and recreational opportunities, primarily for the benefit of children, students, and nonprofit organizations, and not members of the general public. (c) For purposes of this article, “governmental entities” means the state or any political subdivision thereof, or any department, agency, board, commission, or authority of the state, or any such political subdivision, or any public corporation, authority, agency, board, commission, state colleges, or universities, or other governmental entity controlled by the state or any such political subdivisions. This definition shall be inclusive of both the singular and plural form of this term.
Ala. Code § 8-7-3 — Alabama Code / Title 8 / Chapter 7 / Section 8-7-3
Section 8-7-3 License - Required
Status: reserved

Repealed by Act 2017-389, §1, effective August 1, 2017.
Ala. Code § 8-37-3 — Alabama Code / Title 8 / Chapter 37 / Section 8-37-3
Section 8-37-3 Gap Waivers Authorized; Charges; Insurance; Creditor Requirements
Status: in_force

(a) GAP waivers may be offered, sold, or provided to borrowers in this state under this chapter.

(b) GAP waivers, at the option of the creditor that offers the GAP waiver, may be sold for a single payment or may be offered with a monthly or periodic payment option.

(c) Notwithstanding any other provision of law and subject to Section 8-37-7, any cost to the borrower for a GAP waiver entered into in compliance with The Truth in Lending Act, 15 U.S.C. §1601 et seq., and its implementing regulations, as they may be amended from time to time, shall be separately stated and is not to be considered a finance charge or interest. If the charge for a GAP waiver is financed, the charge shall be separately itemized on the finance agreement.

(d) A retail seller shall insure its GAP waiver obligations under a contractual liability or other insurance policy issued by an insurer. A creditor, other than a retail seller, may insure its GAP waiver obligations under a contractual liability policy or similar policy issued by an insurer. Any insurance policy may be directly obtained by a creditor, retail seller, or may be procured by an administrator to cover a creditor’s or retail seller’s obligations under the GAP waiver. However retail sellers who do not assign their finance agreements or retail sellers that are lessors of motor vehicles are not required to insure obligations related to GAP waivers on the sold or leased vehicles.

(e) A GAP waiver remains a part of the finance agreement upon the assignment, sale, or transfer of the finance agreement by the creditor. The creditor, administrator, or other designated party shall maintain for three years after the maturity date of the finance agreement a copy of or electronic details of each GAP waiver sold regardless of the method of payment and the creditor, administrator, or other designated party shall provide copies of or electronic details of the contracts to the Superintendent of Banks upon reasonable advance written notice.

(f) Neither the extension of credit, any term of credit, nor the term of the related motor vehicle sale or lease may be conditioned upon the purchase of a GAP waiver.

(g) Any creditor that offers a GAP waiver shall report the sale of, and forward funds received on all waivers to the designated party, if any, as prescribed in any applicable administrative services agreement, contractual liability policy, other insurance policy, or other specified program documents.

(h) Funds received or held by a creditor or administrator and belonging to an insurer, creditor, or administrator, pursuant to the terms of a written agreement shall be held by the creditor or administrator in a fiduciary capacity.
Ala. Code § 8-7B-11 — Alabama Code / Title 8 / Chapter 7B / Section 8-7B-11
Section 8-7B-11
Status: in_force

(a) Any person aggrieved by an order or denial issued under this chapter shall be entitled to a hearing, as authorized for contested cases, pursuant to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, if the aggrieved person, within 28 days after delivery of the order or denial, submits a written request for a hearing before the commission. The order shall disclose the right to a hearing upon written request within 28 days after delivery of the order. If no timely request for a hearing is made, the order shall constitute a final order of the commission.

(b) Any appeal from any final order of the commission shall be made to the Circuit Court of Montgomery County and shall be governed by the provisions of the Alabama Administrative Procedure Act, Chapter 22 of Title 41, pertaining to judicial review.
Ala. Code § 8-16-59 — Alabama Code / Title 8 / Chapter 16 / Section 8-16-59
Section 8-16-59 False Certificates
Status: in_force

Any weighmaster who shall issue a certificate of weights and measures giving a false weight or measure of any article or commodity weighed or measured by him or his representative to any person shall be guilty of a misdemeanor. In addition thereto, he shall forfeit his certificate as weighmaster, which certificate, when so forfeited, shall be turned over to the Commissioner of Agriculture and Industries.
Ala. Code § 8-17-290 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-290
Section 8-17-290 Adoption of ASTM International Standards
Status: in_force

Unless inconsistent with any other provision of this article, the following ASTM International standards are adopted by reference:

(1) F770-22, Standard Practice for Ownership, Operation, Maintenance, and Inspection of Amusement Rides and Devices.

(2) F2376-22, Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems.

(3) F747-22, Standard Terminology Relating to Amusement Rides and Devices.
Ala. Code § 8-18-6 — Alabama Code / Title 8 / Chapter 18 / Section 8-18-6
Section 8-18-6 Award of Damages and Attorneys’ Fees in Civil Actions; Injunctive, Etc., Relief
Status: in_force

In any civil action for damages against a person for violation of the provisions of this chapter, the court may award damages to the prevailing party and reasonable attorneys’ fees. The provisions of this chapter may be enforced by injunction or any other available equitable or legal remedy.
Ala. Code § 8-31-2 — Alabama Code / Title 8 / Chapter 31 / Section 8-31-2
Section 8-31-2 Definitions
Status: in_force

As used in this chapter, the following words and phrases have the following meanings unless a different meaning is required by the context:

(1) COMMODITY. Any goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, all services offered or provided or work performed or offered to be performed as an occupation or business to consumers and food, water, ice, chemicals, petroleum products, and lumber necessary for consumption or use as a direct result of the emergency.

(2) PERSON. Shall include, but not be limited to, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity.

(3) RENTAL FACILITY. Shall include, but not be limited to, any hotel, motel, boarding house, dwelling house, and self storage facility offered for rent or lease.
Ala. Code § 8-41-5 — Alabama Code / Title 8 / Chapter 41 / Section 8-41-5
Section 8-41-5 Use of Information or Documents; Security Procedures
Status: in_force

(a) Information or documents collected solely to comply with the requirements of this chapter shall not be used for any other purpose unless required by law.

(b) An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the information or documents collected to comply with the requirements of this chapter from unauthorized use, disclosure, access, destruction, or modification.
Ala. Code § 8-1-20 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-20
Section 8-1-20 “Accord” Defined
Status: in_force

An “accord” is an agreement to accept in extinction of an obligation something different from or less than that to which the person agreeing to accept is claiming or entitled.
Ala. Code § 8-21C-3 — Alabama Code / Title 8 / Chapter 21C / Section 8-21C-3
Section 8-21C-3 Manufacturer and Dealer Agreement - Required for Sales by Manufacturer or Distributor
Status: in_force

(a)(1) After September 30, 2011, a manufacturer or distributor may not sell a recreational vehicle in this state to or through a dealer without having first entered into a manufacturer and dealer agreement with the dealer which has been signed by both parties.

(2) A dealer may not sell a new recreational vehicle in this state without having first entered into a manufacturer and dealer agreement with a manufacturer or distributor which has been signed by both parties.

(b) The manufacturer or distributor shall designate the area of sales responsibility exclusively assigned to a dealer in the manufacturer and dealer agreement. Except as provided in subsection (c), the manufacturer or distributor may not review or change the area of sales responsibility without the consent of both parties or contract with another dealer for the sale of the same line-make in the designated area until at least one year after the execution of the manufacturer and dealer agreement.

(c) If, subsequent to entering into a manufacturer and dealer agreement, a dealer enters into an agreement to sell any competing recreational vehicle products, or enters into an agreement to increase its pre-existing commitment to sell any competing recreational vehicle products, a manufacturer or distributor may revise the area of sales responsibility designated in the manufacturer and dealer agreement if the market penetration of the manufacturer’s or distributor’s products is jeopardized by the dealer’s subsequent agreements.

(d) When taking on an additional line-make of recreational vehicle, a dealer shall notify in writing any manufacturer or distributor of a competing similar product line with whom the dealer has a manufacturer and dealer agreement at least 30 days subsequent to entering into a manufacturer and dealer agreement with the manufacturer or distributor of the additional line-make.
Ala. Code § 8-1-102 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-102
Section 8-1-102 Contracts Violating Sections 8-1-100 and 8-1-101 Void
Status: in_force

(a) All contracts in violation of the provisions of Sections 8-1-100 and 8-1-101 are void.

(b) Any person violating such provisions forfeits double the amount of money or value of the thing received, agreed to be received or paid, to the use of the person suing for the same, and anyone interested in the sale may sue therefor.
Ala. Code § 8-6-178 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-178
Section 8-6-178 Access to and Availability of Records
Status: in_force

A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of a vulnerable adult to agencies charged with administering state adult protective services laws and to law enforcement, either as part of a referral to the agency or to law enforcement, or upon request of the agency or law enforcement pursuant to an investigation. The records may include historical records as well as records relating to the most recent transaction or transactions that may comprise financial exploitation of a vulnerable adult. All records made available to agencies under this section are not a public record as defined in any state public records law. Nothing in this section shall limit or otherwise impede the authority of the commission to access or examine the books and records of broker-dealers and investment advisers as otherwise provided by law.
Ala. Code § 8-17-225 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-225
Section 8-17-225 Authority of State Fire Marshal to Seize and Destroy Illegal Fireworks
Status: in_force

The State Fire Marshal shall seize as contraband any fireworks other than the permitted “Class C Consumer Fireworks” and related items defined in Section 8-17-217 or “special fireworks” for public displays as provided in Section 8-17-216, which are sold, displayed, used, or possessed in violation of this article. The State Fire Marshal may destroy any illegal fireworks so seized.
Ala. Code § 8-22-7 — Alabama Code / Title 8 / Chapter 22 / Section 8-22-7
Section 8-22-7 Certain Below Cost Fuel Transfers Prohibited
Status: in_force

It shall be unlawful for any person engaged in commerce in this state to sell or transfer motor fuel to itself or an affiliate for resale at another marketing level of distribution at a transfer price that is below cost or lower than the price it charges a person who purchases for resale on the same day and at the same distribution level, within the same market area, where the effect is to injure competition.
Ala. Code § 8-1-151 — Alabama Code / Title 8 / Chapter 1 / Section 8-1-151
Section 8-1-151 Creditor of Losing Party Under Gambling Contract May Garnish Winner
Status: in_force

(a) Any creditor of a losing party under a gambling contract may garnish the winner as other debtors are garnished at any time within two years from the payment of such money or delivery of such thing, and if such garnishee fails to appear, judgment may be entered against him as against other garnishees failing to answer, but the answer of a garnishee shall not be evidence against him in a criminal prosecution.

(b) A judgment recovered by a creditor under the provisions of this section is a defense to any action brought by any person under the provisions of Section 8-1-150.
Ala. Code § 8-17-97 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-97
Section 8-17-97 Collection and Payment of Inspection Fee; Filing Requirements; Rulemaking Authority
Status: in_force

(a) It shall be the duty of the person first selling dyed diesel fuel, dyed kerosene, or lubricating oil in this state or importing dyed diesel fuel, dyed kerosene, or lubricating oil into the state, on which an inspection fee is due to collect and pay such inspection fee to the Department of Revenue each month in respect of all dyed diesel fuel, dyed kerosene, or lubricating oil sold or imported in the state during the preceding month unless the purchaser is an inspection fee permit holder.

(b) It shall be the duty of the supplier or permissive supplier to collect and pay the inspection fee to the Department of Revenue each month in respect of all dyed diesel fuel or dyed kerosene destined for Alabama that is sold to an importer that does not have a valid inspection fee permit issued by the Alabama Department of Revenue.

(c) It shall be the duty of the supplier or permissive supplier to collect the inspection fee imposed by this article from the licensed exempt entity unless the licensed exempt entity is an entity of the federal government on sales at the terminal rack and remit payment each month in respect of all gasoline or undyed diesel fuel sold in the state during the preceding month to licensed exempt entities other than the federal government.

(d) Each supplier, permissive supplier, importer, first seller, or inspection fee permit holder shall file the monthly returns and monthly remittance, in a format prescribed by the Revenue Commissioner, on or before the 20th day of each calendar month for the preceding month with the Department of Revenue. The taxpayer is required to file an electronic report through the Department of Revenue’s electronic filing system.

(e) The inspection fee provided for in this section shall be paid but once with respect to the same product; but in the event any person fails to make the required electronic report or payment as herein provided on or before the date such payment is due, the Revenue Commissioner shall add to the inspection fee already due interest as prescribed in Section 40-1-44 and any applicable penalties as prescribed in Chapter 2A of Title 40. The Revenue Commissioner shall then proceed to collect the inspection fee, together with the interest and penalties, in accordance with the provisions of Title 40.

(f) The inspection fee, interest, and any penalties added thereto shall constitute and operate as a lien at all times until paid upon any petroleum products sold, offered for sale, stored, or used in the state by the person liable for the fee, and shall be immediately enforceable by the Revenue Commissioner in accordance with established collection procedures of the Department of Revenue.

(g) The Revenue Commissioner shall have authority to adopt and promulgate reasonable rules and regulations to effectuate the evident intent and purpose of this section with respect to reporting, collection, remittance, and payments of the petroleum products inspection fees imposed under this article which shall not conflict with any of the express provisions and requirements of this section.
Ala. Code § 8-12-10 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-10
Section 8-12-10 Duration and Renewal of Registration; Renewal Fee
Status: in_force

(a) Registration of a mark under this article shall be effective for a term of five years from the date of registration and, if the mark is then still in use, upon application filed within six months prior to the expiration of such term, on a form to be furnished by the Secretary of State, the registration may be renewed for a like term. A renewal fee of $30, payable to the Secretary of State, shall accompany the application for renewal of the registration.

(b) A mark registration may be renewed for successive periods of five years in like manner.

(c) The Secretary of State shall notify registrants of marks under this article of the necessity of renewal within the year next preceding the expiration of five years from the date of registration, and within the year next preceding the expiration of five years from the date of any renewal of a registration, by writing to the last known address, physical, electronic, or otherwise, of the registrants.

(d) Any registration in force on January 1, 2011, shall continue in full force and effect for the unexpired term thereof and may be renewed by filing an application for renewal with the Secretary of State complying with the requirements of the Secretary of State and paying the renewal fee therefor within six months prior to the expiration of the registration.

(e) All applications for renewals under this article, whether of registrations made under this article or of registrations effected under any prior act, shall include a statement that the mark is still in use in this state.
Ala. Code § 8-26-39 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-39
Section 8-26-39 Validity of Provisions as to Arbitration, Existence of Contract, Validity, Construction, Performance, Nonperformance, Breach, Operation, Continuance, or Termination
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-40-1 — Alabama Code / Title 8 / Chapter 40 / Section 8-40-1
Section 8-40-1 Definitions
Status: in_force

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

(1) AUTHENTICATE. The representation by a dealer or other person that a collectible is authentic.

(2) AUTOGRAPHED ITEM. A sports item or entertainment media item bearing the signature of a particular person that is sold or offered for sale for fifty dollars ($50) or more, excluding sales tax and shipping fees, when the dealer offers the signed item at a higher price than the dealer would charge for a comparable item without the signature.

(3) COLLECTIBLE. An autographed item, entertainment media item, historical artifact, limited edition item, item of memorabilia, sports item, or similar item represented to have value based on the collectible nature of the item.

(4) CONSUMER. A natural person who purchases an autographed collectible from a dealer for personal, family, or household purposes. The term includes a prospective purchaser meeting these criteria.

(5) DEALER. A person who is in the business of selling or offering for sale collectibles and has sold three or more collectibles in the preceding 12 months. The term includes a person engaged in a mail-order, telephone-order, online, or television business for the sale of collectibles. The term does not include either of the following:

a. A pawnbroker that acquired the collectible through a foreclosure on a collateral loan, provided that the pawnbroker does not hold himself or herself out as having knowledge or skill peculiar to autographed collectibles.

b. The person who autographed the collectible.

(6) ENTERTAINMENT MEDIA ITEM. An item related to music, television, and films, including, but not limited to, a picture, photo, record, compact disc, digital video disc, ticket, program, playbill, clothing, hat, poster, toy, plaque, trading card, musical instrument, or other entertainment memorabilia.

(7) HISTORICAL ARTIFACT. An object, such as a tool, or the remains of one, such as a shard of pottery, or a historical writing, manuscript, or document, characteristic of an earlier time or cultural stage, valued for its historical significance and authenticity.

(8) LIMITED EDITION. An autographed collectible that meets all of the following requirements:

a. A person has produced a specific quantity of an autographed collectible and placed it on the open market.

b. The person has posted a notice, at its primary place of business, that it will provide any consumer, upon request, with a copy of a notice that states the exact number of an autographed collectible produced in that series of limited editions.

c. The person makes available, upon request of a consumer, evidence that the electronic encoding, films, molds, or plates used to create the autographed collectible have been destroyed after the specified number of autographed collectibles have been produced.

d. The sequence number of the autographed collectible and the number of the total quantity produced in the limited edition are printed on the autographed collectible.

(9) MEMORABILIA. Objects kept or collected because of their historical interest, particularly those deriving value from their connection to a particular memorable person or event, and also deriving value from authenticity.

(10) REPRESENTATION. Any written representation, including, but not limited to, a representation in an advertisement, brochure, catalog, flyer, invoice, sign, online communication, Internet web page, email, or other commercial or promotional material.

(11) SPORTS ITEM. A photograph, ticket, plaque, sports program, trading card, item of sports equipment or clothing, or other sports memorabilia.
Ala. Code § 8-1A-18 — Alabama Code / Title 8 / Chapter 1A / Section 8-1A-18
Section 8-1A-18 Acceptance and Distribution of Electronic Records and Electronic Signatures
Status: in_force

(a)(1) Except as otherwise provided in subsection (f) of Section 8-1A-12, the Alabama Supreme Court and any other court or judicial official or entity with rulemaking authority and each governmental agency of this state with rulemaking authority reviewable under Section 41-22-23 may determine by rule whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.

(2) Except as otherwise provided in subsection (f) of Section 8-1A-12, the governing body of each municipality in the state may determine by ordinance whether, and the extent to which, an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the municipality shall send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.

(b) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a), the governmental agency, giving due consideration to security, may specify each of the following:

(1) The manner and format in which the electronic records shall be created, generated, sent, communicated, received, and stored and the systems established for those purposes.

(2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature shall be affixed to the electronic record, and the identity of, or criteria that shall be met by, any third party used by a person filing a document to facilitate the process.

(3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records.

(c) Except as otherwise provided in subsection (f) of Section 8-1A-12, this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
Ala. Code § 8-37A-5 — Alabama Code / Title 8 / Chapter 37A / Section 8-37A-5
Section 8-37A-5 Written Disclosures
Status: in_force

(a) A motor vehicle value protection agreement shall disclose in writing and in clear, understandable language that is easy to read all of the following:

(1) The name and address of the provider, contract holder, and administrator, if any.

(2) The terms of the agreement including, without limitation, the purchase price to be paid by the contract holder, if any, and the requirements for eligibility, conditions of coverage, or exclusions.

(3) A provision that the agreement may be cancelled by the contract holder within a free look period as specified in the agreement, and that in the event the contract holder will be entitled to a full refund of the purchase price paid by the contract holder, if any, so long as no benefits have been provided.

(4) The procedure the contract holder must follow, if any, to obtain a benefit under the terms and conditions of the agreement including, if applicable, a telephone number or website and address where the contract holder may apply for a benefit.

(5) A provision indicating whether or not the agreement is cancellable after the free look period and the conditions under which it may be cancelled, including the procedures for requesting any refund of the unearned purchase price paid by the contract holder.

(6) In the event of cancellation, the methodology for calculating any refund of the unearned purchase price of the agreement due.

(7) A provision specifying that the extension of credit, the terms of the credit, or the terms of the related motor vehicle sale or lease, may not be conditioned upon the purchase of the agreement.

(8) The terms, restrictions, or conditions governing cancellation of the agreement prior to the termination or expiration date of the agreement by either the provider or the contract holder.

(b) The provider shall mail a written notice to the contract holder at the last known address of the contract holder contained in the records of the provider at least five days prior to cancellation by the provider. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee, a material misrepresentation by the contract holder to the provider or administrator, or a substantial breach of duties by the contract holder relating to the covered product or its use. The notice shall state the effective date of the cancellation and the reason for the cancellation. If an agreement is cancelled by the provider for a reason other than nonpayment of the provider fee, the provider shall refund to the contract holder all of the unearned pro rata provider fee paid by the contract holder, if any. If coverage under the agreement continues after a claim, any refund may deduct claims paid and a reasonable administrative fee not to exceed seventy-five dollars ($75).

(c) This section shall not apply to commercial transactions.
Ala. Code § 8-26A-9 — Alabama Code / Title 8 / Chapter 26A / Section 8-26A-9
Section 8-26A-9 Registration and Renewal Fees
Status: reserved

Repealed by Act 2016-415, §2, effective October 1, 2016.
Ala. Code § 8-6-112 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-112
Section 8-6-112 Powers of Director of Securities Commission
Status: in_force

(a) The director shall have authority to:

(1) Consider and investigate proposed issues of industrial revenue bonds;

(2) Advise and consult with issuers with respect thereto;

(3) Publish such notices of proposed issues of industrial revenue bonds or proposed rules and regulations as are required by this article or the rules and regulations of the commission;

(4) Stop the issuance of industrial revenue bonds for the limited times and under the procedures provided in this article by issuing the orders and giving the notices herein required;

(5) Cause information concerning a proposed issue of industrial revenue bonds to be presented at any meeting of the governing body at which industrial revenue bonds are to be authorized or reauthorized or any hearing upon the judicial validation of such issue; and

(6) Perform such other functions and duties as may be required by this article or by order of the commission.

(b) The authority herein granted to the director is in addition to that granted under Section 8-6-50 et seq.
Ala. Code § 8-20-12 — Alabama Code / Title 8 / Chapter 20 / Section 8-20-12
Section 8-20-12 Time Limitation on Bringing of Civil Actions; Time of Accrual of Cause of Action
Status: in_force

Except as otherwise provided in paragraph l. of subdivision (3) of Section 8-20-4, any civil action commenced under the provisions of this chapter must be brought within four years after the cause of action has accrued. The cause of action shall not accrue until the discovery by the aggrieved party of the fact or facts constituting a violation of the provisions of this chapter.
Ala. Code § 8-17-253 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-253
Section 8-17-253 Penalty for Violation of Act
Status: in_force

Any person found guilty of violating this article, or any reasonable rule or regulation promulgated by the State Fire Marshal pursuant to this article, is subject to a penalty of up to $500 for each violation.
Ala. Code § 8-19H-4 — Alabama Code / Title 8 / Chapter 19H / Section 8-19H-4
Section 8-19H-4 Liability of Individuals
Status: in_force

With the exception of a minor’s parent or legal guardian, a person may be liable in a civil action for intentionally enabling the password to remove or deactivate the filter on a device in the possession of the minor if the minor accesses obscene material on the device.
Ala. Code § 8-1A-13 — Alabama Code / Title 8 / Chapter 1A / Section 8-1A-13
Section 8-1A-13 Admissibility in Evidence
Status: in_force

(a) In any proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.

(b) In determining the attribution and authenticity or evidentiary weight of an electronic record or signature, the trier of fact may consider, along with any other relevant and probative evidence, proof of the efficacy of any security procedure applied. This may include a showing that the procedure: (1) uniquely identifies the signer or creator of the record; (2) prevents others from using the same identifier; and/or (3) provides a mechanism for determining whether the data contained in the record was changed after it was created or signed. Evidence bearing on the means and the reliability with which the procedure performs these functions may also be considered.
Ala. Code § 8-15-41 — Alabama Code / Title 8 / Chapter 15 / Section 8-15-41
Section 8-15-41 Definitions
Status: in_force

For the purposes of this article, the following terms shall have the following meanings:

(1) COMMERCIALLY REASONABLE SALE. A sale, conducted pursuant to this article, at the self-service storage facility, another suitable location selected by the operator, or on a publicly accessible website that conducts lien sales or personal property sales.

(2) DEFAULT. The failure by the occupant to perform on time any obligation or duty set forth in a rental agreement or in this article.

(3) ELECTRONIC MAIL. An electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks.

(4) EMERGENCY. Any occurrence or circumstance at or near a self-service storage facility which requires immediate action to avoid injury to persons or damage to property at or near the self-service storage facility including, but not limited to, a fire.

(5) LAST KNOWN ADDRESS. The postal address or electronic mail address provided by an occupant in a rental agreement or the postal address or electronic mail address provided by the occupant in a subsequent written notice of a change of address.

(6) LATE FEE. Any fee or charge assessed for the failure of an occupant to pay rent when due. The term does not include interest on a debt; expenses incurred in the collection of unpaid rent; expenses incurred for the preservation, sale, or disposition of personal property pursuant to this article; or costs associated with the enforcement of any other remedy provided by law or contract.

(7) LEASED SPACE. The individual storage space at a self-service storage facility which is rented to an occupant pursuant to a rental agreement.

(8) OCCUPANT. A person entitled to the use of leased space at a self-service storage facility under a rental agreement, or his or her successors or assigns.

(9) OPERATOR. The owner, operator, lessor, or sublessor of a self-service storage facility, or an agent of any of the foregoing, or any other person authorized to manage the facility or to receive rent from an occupant under a rental agreement. The term does not include a warehouseman if the warehouseman issues a warehouse receipt, bill of lading, or other document of title for the personal property stored.

(10) PERSONAL PROPERTY. Movable property not affixed to land. The term includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, household items, and furnishings.

(11) PROPERTY WHICH HAS NO COMMERCIAL VALUE. Property offered for sale in a commercially reasonable sale that receives no bid or offer.

(12) RENTAL AGREEMENT. Any written agreement or lease that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of leased space at a self-service storage facility.

(13) SELF-SERVICE STORAGE FACILITY. Any real property used for renting or leasing individual storage spaces in which the occupants customarily store and remove their own personal property on a self-service basis.

(14) VERIFIED MAIL. Any method of mailing offered by the United States Postal Service or private delivery service that provides evidence of the mailing.
Ala. Code § 8-6-50 — Alabama Code / Title 8 / Chapter 6 / Section 8-6-50
Section 8-6-50 Created; Duties Generally
Status: in_force

There is created the Alabama Securities Commission, which shall be responsible for the enforcement of laws governing the issuance, sale, and other transactions relative to securities.
Ala. Code § 8-26-38 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-38
Section 8-26-38 Referral of Disputes to Commission; Appeal; Certification That No Controversy Exists
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-26-41 — Alabama Code / Title 8 / Chapter 26 / Section 8-26-41
Section 8-26-41 Penalties for Violation of Chapter
Status: reserved

Repealed by Act 2001-701, § 3, effective October 1, 2001.
Ala. Code § 8-12-1 — Alabama Code / Title 8 / Chapter 12 / Section 8-12-1
Section 8-12-1 Appropriation of Trademark to Designate Origin or Ownership
Status: in_force

One who produces or deals in a particular thing or conducts a particular business may appropriate to his exclusive use, as a trademark, any form, symbol, or name which has not been so appropriated by another to designate the origin or ownership thereof; but he cannot exclusively appropriate any designation, or part of a designation, which relates only to the name, quality, or the description of the thing or business or the place where the thing is produced or the business is carried on.
Ala. Code § 8-39-3 — Alabama Code / Title 8 / Chapter 39 / Section 8-39-3
Section 8-39-3 Reporting and Repair of Assistive Device with a Noncomformity
Status: in_force

(a) If an assistive device covered by an applicable express warranty exhibits a nonconformity, the consumer or the agency shall do both of the following:

(1) Report the nonconformity to the manufacturer, the assistive device lessor, or any of the authorized assistive device dealers of the manufacturer.

(2) Make the assistive device available for repair within an applicable express warranty period.

(b) Once a nonconformity is reported and the assistive device is made available for repair, the manufacturer, the assistive device lessor, or any of the authorized assistive device dealers of the manufacturer shall make an attempt to repair the nonconformity.
Ala. Code § 8-37-6 — Alabama Code / Title 8 / Chapter 37 / Section 8-37-6
Section 8-37-6 Cancellation of Gap Waiver Agreements
Status: in_force

(a) Guaranteed asset protection waiver agreements shall be cancellable. GAP waivers shall provide that if a borrower cancels a waiver within the Free Look Period, the creditor, administrator, or other authorized party shall provide the borrower a full refund of the purchase price of the GAP waiver, provided no benefits have been provided. In the event a borrower cancels the waiver after the Free Look Period and no benefits have been provided, the creditor, administrator, or other authorized party shall provide the borrower a pro rata refund of the purchase price, less any cancellation fee no greater than fifty dollars ($50) in accordance with the terms of the waiver.

(b) In the event of cancellation of the GAP waiver due to early termination of the finance agreement, the creditor shall provide, or cause the administrator or retail seller to provide, within 60 days of termination, any refund due to a borrower without requiring the borrower to request cancellation of the waiver.

(c) Any cancellation refund under subsection (a) or (b) may be applied by the creditor as a reduction of the amount owed under the finance agreement unless the borrower can show that the finance agreement has been paid in full.
Ala. Code § 8-17-150 — Alabama Code / Title 8 / Chapter 17 / Section 8-17-150
Section 8-17-150 “Motor Vehicle” Defined
Status: in_force

The term “motor vehicle,” as used in this division, shall include all vehicles propelled by any power other than muscular power.
Ala. Code § 8-21A-12 — Alabama Code / Title 8 / Chapter 21A / Section 8-21A-12
Section 8-21A-12 Action for Injunction, Damages, Etc., for Violations of Chapter, Unfair, or Deceptive Trade Practices, and Other Unlawful Acts
Status: in_force

Notwithstanding the terms, provisions or conditions of any dealer franchise or dealer agreement or the terms or provisions of any waiver, and notwithstanding any other legal remedies available, any person who is injured in his business or property by a violation of this chapter, by the commission of any unfair and/or deceptive trade practices, or because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this chapter, may bring a civil action in a court of competent jurisdiction to enjoin further violations, to recover any damages sustained by him, together with the costs of the suit, including a reasonable attorney’s fee. This section applies equally to both manufacturers and dealers.