Ala. Code § 31-13-14 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-14
Section 31-13-14 Dealing in False Identification Documents; Vital Records Identity Fraud
Status: in_force

(a) A person commits the crime of dealing in false identification documents if he or she knowingly reproduces, manufactures, sells, or offers for sale any identification document which does both of the following:

(1) Simulates, purports to be, or is designed so as to cause others reasonably to believe it to be an identification document.

(2) Bears a fictitious name or other false information.

(b) A person commits the crime of vital records identity fraud related to birth, death, marriage, and divorce certificates if he or she does any of the following:

(1) Supplies false information intending that the information be used to obtain a certified copy of a vital record.

(2) Makes, counterfeits, alters, amends, or mutilates any certified copy of a vital record without lawful authority and with the intent to deceive.

(3) Obtains, possesses, uses, sells, or furnishes, or attempts to obtain, possess, or furnish to another a certified copy of a vital record, with the intent to deceive.

(c)(1) Dealing in false identification documents is a Class C felony.

(2) Vital records identity fraud is a Class C felony.

(d) This section shall not apply to any of the following:

(1) A person less than 21 years of age who uses the identification document of another person to acquire an alcoholic beverage.

(2) A person less than 19 years of age who uses the identification documents of another person to acquire any of the following:

a. Cigarettes or tobacco products.

b. A periodical, videotape, or other communication medium that contains or depicts nudity.

c. Admittance to a performance, live or film, that prohibits the attendance of the person based on age.

d. An item that is prohibited by law for use or consumption by such person.

(e) As used in this section, identification document means any card, certificate, or document or banking instrument, including, but not limited to, a credit or debit card, which identifies or purports to identify the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be drivers’ licenses, nondriver identification cards, certified copies of birth, death, marriage, and divorce certificates, Social Security cards, and employee identification cards.

(f) Any person convicted of dealing in false identification documents as defined in this section shall be fined up to one thousand dollars ($1,000) for every card or document he or she creates or possesses and be subject to any and all other state laws that may apply. A court shall collect the fines prescribed by this subsection and shall remit 50 percent of the fines to the general fund of the local government that apprehended the person to be earmarked for law enforcement purposes, 25 percent of the fines to the Alabama Department of Homeland Security, and 25 percent of the fines to the Alabama State Law Enforcement Agency.
Ala. Code § 31-2A-27 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-27
Section 31-2A-27 (Article 27.) Detail of Trial Counsel and Defense Counsel
Status: in_force

(a)(1) Trial counsel and defense counsel shall be detailed for each general and special court-martial. The Alabama National Guard shall prescribe regulations providing the manner in which counsel are detailed for such court-martial and for persons who are authorized to detail counsel for such court-martial.

(2) No person who has acted as investigating officer, military judge, witness, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense nor may any person who has acted for the defense act later in the same case for the prosecution.

(3) Except as provided in subsection (b), trial counsel or defense counsel detailed for a general or special court-martial must be a judge advocate as defined in subsection (10) of Section 31-2A-1 (Article 1).

(b) In the instance when an accused elects to retain civilian counsel at his or her own expense and not at the expense of the government, the counsel shall be a member of the State Bar of Alabama or a member of good standing of a bar of a state and admitted pro hac vice in accordance with the State of Alabama, with notice and approval of the Alabama State Bar and Chief Justice of the Alabama Supreme Court.
Ala. Code § 31-5A-1 — Alabama Code / Title 31 / Chapter 5A / Section 31-5A-1
Section 31-5A-1 Legislative Intent
Status: in_force

The Legislature finds that there exists a significant need for health, nursing, medical, rehabilitative, and related housing structures for residents of this state who have served their state and nation in its armed forces. The Legislature further finds that in order to meet this need, it is necessary to establish state veterans homes to be operated by the department, and to vest in the department the authority to establish and operate state veterans homes. This chapter shall be liberally construed in conformity with this purpose.
Ala. Code § 31-13-13.1 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-13.1
Section 31-13-13.1 Human Smuggling
Status: in_force

(a) A person commits the crime of human smuggling if he or she knowingly transports into this state another individual who he or she knows is an illegal alien.

(b) Human smuggling is a Class C felony.

(c) It shall not be a violation of this section for an attorney to transport a client to or from a federal immigration facility or other federal, state, or local government facility.

(d) It shall not be a violation of this section to do any of the following:

(1) For any educator or other employee of an educational entity to transport a student as part of an official educational excursion.

(2) For any health care provider to transport or treat a patient.

(3) For any person to transport an individual for noncommercial religious or charitable purposes.

(4) For any person to transport an individual to or from a location for governmental purposes.
Ala. Code § 31-2-3 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-3
Section 31-2-3 (Operative If the Federal Government Creates a Space National Guard by 2025) Divisions of State Militia; Composition of Organized Militia and National Guard
Status: in_force

The militia of the state shall be divided into the organized militia, the retired list, and the unorganized militia, which together shall constitute the state military forces. The organized militia shall be composed of: An army national guard, an air national guard, and a space national guard, which forces, together with an inactive national guard, shall comprise the Alabama National Guard; the Alabama Naval Militia; and the Alabama State Guard, whenever any of the forces are organized by the Governor pursuant to existing laws. The National Guard, army, air, or space, shall consist of organizations and units that the Commander in Chief may from time to time authorize to be formed, all to be organized in accordance with the laws of the United States affecting the National Guard, army, air, and space, and the regulations issued by the appropriate Secretary of the Department of Defense.
Ala. Code § 31-6-6 — Alabama Code / Title 31 / Chapter 6 / Section 31-6-6
Section 31-6-6 Educational Benefits for Spouses and Children of Partially Disabled Veterans
Status: in_force

(a) The spouse and children of any veteran who is suffering from 40 to 90 percent service-connected disability brought about from service in the Armed Forces of the United States, or the widow and children of a deceased veteran who was suffering from 40 percent or more of service-connected disability at the time of death, as established by the State Department of Veterans’ Affairs, shall be entitled to the following educational advantages and opportunities:

(1) The spouse or widow shall be entitled to up to 27 months of schooling, or the equivalent of 27 months if enrolled part-time, in any qualifying school, pursuant to the tuition reimbursement guidelines as provided in subsection (d). One change of program shall be allowed without counseling. All training received at qualifying schools under this subdivision must be completed within a period of six years after its initiation.

(2) Each child of a disabled veteran shall be entitled to five standard academic years, or the equivalent of 45 months if enrolled part-time, in any qualifying school pursuant to the tuition reimbursement guidelines as provided in subsection (d). One change of program shall be allowed without counseling. Training under this subdivision must be initiated prior to the child’s twenty-sixth birthday, and must be completed within eight years after its initiation, except for delays caused by military service during the training period, and in no case may training be received under this section beyond the thirty-fourth birthday of the child.

(b) For the purpose of the minimum disability requirement provided for in subsection (a), the dependent of any veteran whose disability rating as of July 31, 2017, is at least 20 percent but less than 40 percent shall qualify for the benefits of this chapter, provided that the dependent shall file application for benefits before July 31, 2023, and the dependent is reasonably expected to be eligible to attend a qualifying school in the next academic year.

(c) The educational benefits provided by this section to spouses, children, and widows making application for benefits for the first time beginning with the fall term of the 2014-2015 academic year, and thereafter, shall be limited to undergraduate courses of study only, and the value of tuition paid shall be limited to the in-state tuition rate of the qualifying school attended.

(d) For those first filing for benefits under this chapter on or after July 31, 2017, and for those attending a qualifying private school, the educational benefit shall be for tuition reimbursement and books and fees reimbursement. The value of tuition paid per semester hour (or equivalent) shall be limited to four hundred dollars ($400). The value of the books and fees paid per semester shall be limited to one thousand dollars ($1,000) per student.
Ala. Code § 31-5B-8 — Alabama Code / Title 31 / Chapter 5B / Section 31-5B-8
Section 31-5B-8 Amendment of Application for Formation
Status: in_force

The board, at any time and by majority vote, may cause its application for formation to be amended by having three members of the board file an amendment with the Secretary of State which shall be sworn to by each signatory thereto before an officer authorized to take acknowledgments to deeds.
Ala. Code § 31-9C-3 — Alabama Code / Title 31 / Chapter 9C / Section 31-9C-3
Section 31-9C-3 Statewide Wireless Communication System; Powers and Duties of Commission
Status: in_force

(a) The commission may purchase, lease, acquire, or otherwise implement a statewide wireless communication system to serve first responder users in state and local governments and those private entities that enter into a partnership with the commission. The commission shall have the sole authority over, and bear full responsibility for, the design, engineering, and construction of the system and shall ensure the proper operation and maintenance of all equipment thereto, unless otherwise owned and maintained by other state or local entities. This system should enable interoperability between various wireless communication technologies.

(b) The commission shall establish policies, procedures, and standards and incorporate them into a comprehensive management plan to be used for use and operation of the system.

(c) In order to carry out the duties set forth in this section, the commission may:

(1) Provide system planning with all public safety communication systems.

(2) Assist with the establishment of state and local wireless communications.

(3) Grant authority to local agencies to use the system under terms and conditions established by the commission.

(4) Provide technical support to users.

(5) Seek proposals for services through competitive bid process where required by law and select service providers under procedures provided for by law.

(6) Create a standard user agreement or other documents of agreement as necessary.

(7) Establish the cost of maintenance and operation of the system.

(8) Assess charges to subscribers for access and use of the system.

(9) Enter into mutual aid agreements among federal, state, and local charge subscribers for access and use of the system.

(10) Lease or sublease privately owned ground space as necessary to locate equipment, including towers, to support the system when practicable and feasible.

(11) Contract with a person or business entity to provide subject matter expertise in matters pertaining to the responsibilities of the commission as outlined in this chapter.

(d) The commission may lease or sublease to a private entity space on a tower or ground space under the control and ownership of the commission when practicable and feasible. The cost for such space shall be established by the commission. All monies collected shall be deposited into the fund.

(e) The commission shall be granted access to state owned property, as appropriate for the construction and operation of the system, and may obtain antenna space on any tower owned by the state.

(f) The commission shall ensure that it complies with all state and federal communication requirements when carrying out this chapter.

(g) The commission may adopt rules to carry out this section.
Ala. Code § 31-13-34 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-34
Section 31-13-34 Enforcement of Chapter
Status: in_force

(a) Any law enforcement agency of the state or any law enforcement agency of a political subdivision of the state shall have the authority to enforce the provisions of this chapter.

(b) The Attorney General and a district attorney investigating or prosecuting any violation of this chapter shall have the power to issue subpoenas to compel the production of relevant documents and other evidence necessary to enforce the provisions of this chapter.
Ala. Code § 31-12-4 — Alabama Code / Title 31 / Chapter 12 / Section 31-12-4
Section 31-12-4 Applicability of Chapter
Status: in_force

This chapter shall not apply to normal National Guard and Reserve weekend drill, annual training, and required schools as described in 32 U.S.C. § 502(a) through (e), inclusive, and other related statutes.
Ala. Code § 31-12-3 — Alabama Code / Title 31 / Chapter 12 / Section 31-12-3
Section 31-12-3 Military Leave of Absence from Educational Institution
Status: in_force

Whenever any active member of the Alabama National Guard or other reserve component of the Armed Forces of the United States is called or ordered to active duty by the Governor to state active duty for an emergency for 30 consecutive days or more or to federally funded duty, other than training, for homeland security, an educational institution in this state in which the member is enrolled shall grant the member a military leave of absence from their education. Individuals on military leave of absence from their educational institution, upon release from military duty, shall be restored to the educational status they had attained prior to their being ordered to military duty without loss of academic credits earned, scholarships or grants awarded, or tuition and other fees paid prior to the commencement of the military duty. It shall be the duty of the educational institution to refund tuition or fees paid or to credit the tuition and fees to the next semester or term after the termination of the educational military leave of absence at the option of the student.
Ala. Code § 31-4-15 — Alabama Code / Title 31 / Chapter 4 / Section 31-4-15
Section 31-4-15 Management and Care of Armories; Armory Boards or Officers of Control
Status: in_force

The Armory Commission shall also constitute a board for the general management and care of armories and drill and training areas, when established, and shall have the power to adopt and prescribe rules and regulations for the management and government thereof, and to formulate such rules for the guidance of the organizations occupying them as may be necessary and desirable. The rules shall not conflict with the provisions of this chapter. For each armory erected or provided, the Governor shall appoint, with the advice of the Armory Commission, a board of control to consist of one or more officers of organizations quartered therein. Such board or officer of control may rent the armory for temporary purposes subject to regulations to be prescribed by the Armory Commission, and the money derived from such rental shall be paid to the Armory Commission.
Ala. Code § 31-10-2 — Alabama Code / Title 31 / Chapter 10 / Section 31-10-2
Section 31-10-2 Definitions. (Amended by Act 2026-521)
Status: in_force

AMENDED BY ACT 2026-521, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

The following words used in this article have the following meanings:

(1) ACADEMIC EXCELLENCE BENEFITS. Additional funds for guard members who are enrolled undergraduate students who graduated from high school with a cumulative GPA greater than 3.5 and, while enrolled in an institution of higher education in this state, have maintained a 3.0 collegiate cumulative GPA. These funds may be used for tuition, fees, or ancillary costs.

(2) ACTIVE MEMBER. A member of a federally recognized unit of the Alabama National Guard meeting the minimum requirements for satisfactory membership as defined in the Department of the Army and Department of the Air Force regulations.

(3) ALABAMA NATIONAL GUARD. Federally recognized units of the Alabama National Guard.

(4) ANCILLARY COSTS. Expenses incurred outside of tuition related to educational costs, including textbooks, additional course fees, or other course related costs.

(5) QUALIFYING ACADEMIC PATHWAY. A postsecondary program at an institution of higher education in the state that is one of the following:

a. A program that has been identified as a Pell Grant eligible program for which the student earns credits required for a postsecondary degree at the undergraduate level.

b. A graduate program that is the individual’s first degree sought at that level.

(6) TUITION. The per term cost of instruction and mandatory instructional fees to the public or private postsecondary student not to exceed the median cost of tuition per term, such as quarter or semester, of all public four-year institutions of higher education in this state as reported to the Alabama Commission on Higher Education by state-supported institutions of higher education and appearing on the tuition plus required fees report of the commission, for classes or courses that count towards the individual’s degree or certificate plan as designed and approved by the college or institution attended for the individual’s declared program of study. Differential tuition is not included.
Ala. Code § 31-2-50 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-50
Section 31-2-50 Failure to Appear for Duty in Militia
Status: in_force

Every member of the militia ordered out for duty or who shall volunteer or be drafted, who does not appear at the time and place ordered, shall be guilty of a misdemeanor.
Ala. Code § 31-2A-107 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-107
Section 31-2A-107 (Article 107.) False Official Statements
Status: in_force

Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document made in the line of duty, knowing it to be false, or makes any other false official statement made in the line of duty, knowing it to be false, shall be punished as a court-martial may direct.
Ala. Code § 31-2-44 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-44
Section 31-2-44 Payment of Expenses by State Upon Call, Etc., into Federal Service of National Guard and Naval Militia
Status: in_force

Under the provisions of such rules and regulations as shall be approved by the Governor, and for a period of not more than five days following the day of the call, draft, or order into the service of the United States, the State of Alabama may pay from the special military appropriations of the State of Alabama any expenses that are deemed wise and just by the Governor and necessary to the immediate comfort and health of the members of the National Guard and Naval Militia of Alabama, when such expenses cannot be authorized and paid by the federal government.
Ala. Code § 31-2A-130 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-130
Section 31-2A-130 (Article 130.) Criminal Trespass
Status: in_force

Any individual subject to this code is guilty of criminal trespass and shall be punished as a court-martial may direct if he or she is convicted of either of the following:

(1) Knowingly enters or remains unlawfully in a building or upon real property that is fenced or enclosed in a manner designed to exclude intruders.

(2) Knowingly enters or remains unlawfully in or on a premises.
Ala. Code § 31-6-9 — Alabama Code / Title 31 / Chapter 6 / Section 31-6-9
Section 31-6-9 Benefits for Dependents in Addition to Other Benefits; Requirements; Interruption of Benefits
Status: in_force

(a) For those dependents who first file for benefits under this chapter prior to July 31, 2017, the benefits provided under this chapter shall be in addition to any other state or federal benefits to which that dependent may be entitled.

(b) For dependents who first file for benefits under this chapter on or after July 31, 2017, and for those attending a qualifying private school:

(1) To the extent permitted by law, prior to applying any benefits provided for under this chapter, institutional certifying officials and financial aid officials shall first apply other federal, state, institutional, and third party scholarships and grants awarded to the dependent for that academic period for payment of required educational expenses during an academic period.

(2) A completed Free Application for Federal Student Aid (FAFSA), or the equivalent, must be submitted to the United States Department of Education for each year in which the dependent receives benefits under this chapter. The dependent shall have applied for all federal student financial aid grants, including, but not limited to, Pell Grants, Supplemental Education Opportunity Grants, and Education and Training Vouchers, identified as being available for the student’s application by Federal Student Aid, an office of the United States Department of Education, or its successor agency.

(3) All students receiving educational benefits under this chapter and the qualifying schools they attend must comply with the standards of Satisfactory Academic Progress (SAP) as required for Title IV benefits under the Higher Education Act and as defined by that qualifying school. Those students who would no longer be eligible to receive Title IV benefits due to a failure to meet SAP standards shall no longer be eligible to receive benefits under this chapter. Each qualifying school shall notify the State Department of Veterans’ Affairs of any student who currently holds a certificate of eligibility for benefits under this chapter who is no longer eligible to receive benefits due to a failure to meet SAP standards and the effective date of that change in eligibility.

(4) The dependent shall ensure that all qualifying schools he or she attends under this program are authorized to release the personally identifiable information to the State Department of Veterans’ Affairs as is required for the determination of that dependent’s continued eligibility and as required for the completion of all reports required by law.

(c) Any dependent who receives benefits under this chapter, and whose benefit period is interrupted due to accident, injury, or illness, shall have the benefit time period which is lost due to the accident, illness, or injury restored to him or her.

(d) Notwithstanding any other provision of this chapter to the contrary, dependents of any veteran whose disability rating, if any, prior to May 23, 2017, was less than 20 percent, but who had a claim for compensation pending prior to that date which resulted in a final award by the United States Department of Veterans Affairs of at least 20 percent, shall be eligible for education benefits as the chapter read prior to May 23, 2017, if the dependent files an application for benefits under this chapter within six months of that final adjudication and provides proof satisfactory to the State Department of Veterans’ Affairs that he or she qualifies under this exception and currently satisfies the eligibility requirements as the chapter read prior to May 23, 2017.
Ala. Code § 31-2A-114 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-114
Section 31-2A-114 (Article 114.) Dueling
Status: reserved

REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
Ala. Code § 31-2-4 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-4
Section 31-2-4 Composition of Naval Militia
Status: in_force

The Naval Militia of Alabama shall consist of the regular enlisted militia between the ages of 18 and 45 years, organized, armed, and equipped as hereinafter provided, and commissioned officers between the ages of 19 and 64, but enlisted men may continue in the service after the age of 45 and until the age of 64 years, provided the service is continuous.
Ala. Code § 31-2A-100 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-100
Section 31-2A-100 (Article 100.) Subordinate Compelling Surrender
Status: reserved

REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
Ala. Code § 31-2A-147 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-147
Section 31-2A-147 Article 147. Construction of Chapter
Status: in_force

To the extent not inconsistent with existing law, nothing in this code affects the remainder of Chapter 2 of this title or the Constitution of Alabama of 1901.
Ala. Code § 31-2-57 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-57
Section 31-2-57 (Operative If the Federal Government Creates a Space National Guard by 2025) Assignment of Headquarters and Headquarters Detachments of National Guard During National Crisis
Status: in_force

All members of the federally recognized headquarters and headquarters detachment, Alabama Army, Air, and Space National Guard, who are full-time military employees of the state, and other members of the headquarters and headquarters detachment, Alabama Army, Air, and Space National Guard, as the Governor may deem necessary, shall, if authorized by federal military laws and authorities when they or the National Guard and Naval Militia are ordered into the federal service in case of a national crisis, be assigned to duty in the state headquarters in connection with the execution of any national selective service act, the National Defense Act, or any similar federal laws enacted for the purpose of inducting the manpower of this state and of the nation into the military, naval, or other similar emergency service of the United States, in connection with the organization, training, and maintenance of temporary military forces by the state as “home guards” or similar forces and in the operation of the State Military Department, to the extent permitted by federal authorities and not inconsistent with their federal duties.
Ala. Code § 31-2-81 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-81
Section 31-2-81 Exemption of Certain Post Exchanges and Canteens from Tobacco and Gasoline Taxes and State and Local Licenses
Status: in_force

All post exchanges or canteens owned, operated, and run exclusively by National Guard units shall be exempt from the payment of all state, county, city, or town licenses, operating permits, and taxes, and shall be exempt from payment of tobacco and gasoline operating permits and taxes to the state, counties, cities, or towns when operated in accordance with such rules and regulations as the Adjutant General may provide and the Governor may approve, and when the profits of the canteens or exchanges go to the National Guard or Naval Militia units and not to the operators of the enterprises. All active and retired members of the United States Armed Forces shall be eligible to make purchases at National Guard post exchanges and canteens to the same extent as active and retired members of the Alabama National Guard.
Ala. Code § 31-2A-51 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-51
Section 31-2A-51 (Article 51.) Voting and Rulings
Status: in_force

(a) Voting by members of a general court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.

(b) The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in Section 31-2A-52 (Article 52), beginning with the junior in rank.

(c) Before a vote is taken on the findings, the military judge, in the presence of the accused and counsel, shall instruct the members of the court as to the elements of the offense and charge the members of the court with all of the following:

(1) The accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt.

(2) In the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted.

(3) If there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt.

(4) The burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the state.

(d) Subsections (a), (b), and (c) do not apply to a court-martial composed of a military judge only. The military judge of a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding, and in addition, on request, shall find the facts specially. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
Ala. Code § 31-13-10 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-10
Section 31-13-10 Willful Failure to Complete or Carry Alien Registration Documentation
Status: in_force

(a) In addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation of 8 U.S.C. § 1304(e) or 8 U.S.C. § 1306(a), and the person is an alien unlawfully present in the United States.

(b) In the enforcement of this section, an alien’s immigration status shall be determined by verification of the alien’s immigration status with the federal government pursuant to 8 U.S.C. § 1373(c). A law enforcement officer shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States.

(c) A law enforcement official or agency of this state or a county, city, or other political subdivision of this state may not consider race, color, or national origin in the enforcement of this section except to the extent permitted by the United States Constitution and the Constitution of Alabama of 1901.

(d) This section does not apply to a person who maintains authorization from the federal government to be present in the United States.

(e) Any record that relates to the immigration status of a person is admissible in any court of this state without further foundation or testimony from a custodian of records if the record is certified as authentic by the federal government agency that is responsible for maintaining the record. A verification of an alien’s immigration status received from the federal government pursuant to 8 U.S.C. § 1373(c) shall constitute proof of that alien’s status. A court of this state shall consider only the federal government’s verification in determining whether an alien is lawfully present in the United States.

(f) An alien unlawfully present in the United States who is in violation of this section shall be guilty of a Class C misdemeanor and subject to a fine of not more than one hundred dollars ($100) and not more than 30 days in jail.

(g) A court shall collect the assessments prescribed in subsection (f) and remit 50 percent of the assessments to the general fund of the local government where the person was apprehended to be earmarked for law enforcement purposes, 25 percent of the assessments to the Alabama Department of Homeland Security, and 25 percent of the assessments to the Alabama State Law Enforcement Agency.
Ala. Code § 31-2-39 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-39
Section 31-2-39 Emergency Purchases
Status: in_force

No officer or member of the armed forces of the state shall incur any expenses whatsoever to be paid by the state, except such expenses as are authorized in this chapter, without first obtaining the consent of the Governor or of the Adjutant General; provided that in extreme emergencies, the commanding officer of any unit of the armed forces of the state in the active military or naval service of the state or undergoing field training may hire, rent, or make purchases of such necessities as are absolutely required for the immediate use and care of his command in the execution of such training or of the mission for which he is in the active military or naval service of the state. A report of such action, containing a statement of the articles hired, rented, or purchased, the price thereof and the necessity therefor, shall be immediately forwarded through channels to the Adjutant General of the state, who shall forward such statement to the Governor with his recommendations and, if approved, it shall be paid out of the proper fund as if it had been purchased or contracted in the proper manner.
Ala. Code § 31-2A-92 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-92
Section 31-2A-92 (Article 92.) Failure to Obey Order or Regulation
Status: in_force

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

(1) Violates or fails to obey any lawful general order or regulation.

(2) Having knowledge of any other lawful order issued by a member of the Alabama National Guard, which it is his or her duty to obey, fails to obey the order.

(3) Is derelict in the performance of his or her duties.
Ala. Code § 31-1-8 — Alabama Code / Title 31 / Chapter 1 / Section 31-1-8
Section 31-1-8 United States Space Force Included in United States Armed Forces
Status: in_force

(a) The United States Space Force was established on December 20, 2019, under the National Defense Authorization Act as the first new branch of the United States Armed Forces in 73 years.

(b) The mission of the United State Space Force is to conduct global space operations to enhance joint and coalition military operation.

(c) All verbal and written collective references to the United States Armed Forces shall include the United States Space Force.
Ala. Code § 31-9-87 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-87
Section 31-9-87 Alabama Statewide Emergency Notification System Fund
Status: in_force

(a) Funds shall be appropriated by the Legislature to the Alabama Statewide Emergency Notification System Fund within the recovery fund for the purposes of establishing, implementing, maintaining, and operating the system, and, thereafter, shall be appropriated annually by the Legislature for continuous maintenance and operation of the system. Funding for the system may also be derived from gifts, federal grants, other appropriations from the Legislature, fees and contributions from users, or any other sources permitted by law. Any disbursement from the Alabama Statewide Emergency Notification System Fund shall be authorized in advance by the committee.

(b) Within three months after the Legislature appropriates funds for the system, the committee and the State Emergency Management Agency shall jointly develop requirements and specifications for the system. The State Emergency Management Agency shall provide administrative and technical assistance to the committee.

(c) Any procurement paid in whole or in part with funds from the Alabama Statewide Emergency Notification System Fund shall comply with Article 2, Chapter 16, Title 41, or other law, as applicable.

(d) The State Emergency Management Agency shall serve as the awarding authority for any procurement paid in whole or in part with funds from the Alabama Statewide Emergency Notification System Fund and upon recommendation of the committee, may purchase, lease, acquire, or otherwise implement the system to serve citizens and state and local emergency management agencies.

(e) The committee shall submit an annual report to the Governor, the Lieutenant Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, the House Minority Leader, the Chair of the Senate General Fund Committee, and the Chair of the House General Fund Committee detailing all expenditures in the previous fiscal year, the operation of the program, and its role in Alabama’s overall system of preparation, response, and recovery from emergency situations.
Ala. Code § 31-5B-5 — Alabama Code / Title 31 / Chapter 5B / Section 31-5B-5
Section 31-5B-5 Board of Directors -- Exemption from Requirements of Competitive Bidding, Public Records, Etc
Status: in_force

(a) The board may enter into contracts, leases, agreements, investments, and may otherwise expend monies without compliance with competitive bid laws under Article 5, commencing with Section 41-4-110, of Chapter 4 of Title 41, and Chapter 2 of Title 39. (b) Solely as a result of entering into contracts, leases, agreements, investments, or otherwise as provided in subsection (a), no for profit or nonprofit private entity, nor the officers, employees, agents, or directors of any of the foregoing, shall become subject to state ethics laws or the Alabama Open Meetings Act under Chapter 25 and Chapter 25A of Title 36; competitive bid laws under Article 5, commencing with Section 41-4-110 of Chapter 4 of Title 41; Chapter 2 of Title 39; or public records laws under Article 3, commencing with Section 36-12-40 of Chapter 12 of Title 36.

(b) Solely as a result of entering into contracts, leases, agreements, investments, or otherwise as provided in subsection (a), no for profit or nonprofit private entity, nor the officers, employees, agents, or directors of any of the foregoing, shall become subject to state ethics laws or the Alabama Open Meetings Act under Chapter 25 and Chapter 25A of Title 36; competitive bid laws under Article 5, commencing with Section 41-4-110 of Chapter 4 of Title 41; Chapter 2 of Title 39; or public records laws under Article 3, commencing with Section 36-12-40 of Chapter 12 of Title 36.
Ala. Code § 31-3-4 — Alabama Code / Title 31 / Chapter 3 / Section 31-3-4
Section 31-3-4 Payment of Compensation - Dependents Must Be Residents of United States
Status: in_force

Compensation pursuant to this chapter for the death of an Alabama national guardsman shall be paid only to his dependents who, at the time of such guardsman’s death, were actually residents of the United States.
Ala. Code § 31-9-19 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-19
Section 31-9-19 Political Activities by Emergency Management Organizations
Status: in_force

No organization for emergency management established under the authority of this article shall participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes.
Ala. Code § 31-2-60 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-60
Section 31-2-60 Organization of Military Department; Qualifications, Appointment, Rank, Etc., of Employees of Department; Applicability of Merit System to Department Officers and Employees
Status: in_force

The Adjutant General may have to assist him or her in performance of his or her duties and to perform the various duties of the Military Department such number of officers and employees as may be approved by the Governor, officers, and employees appointed by the Adjutant General subject to the approval of the Governor and subject to the Merit System wherever applicable if the appointments are approved by the Governor. The department organization may include the positions of deputy adjutant general, the number of assistant adjutants general for army that are authorized by National Guard Bureau rules and regulations, an assistant adjutant general for air, a state property and disbursing officer, and a military executive officer. The Merit System shall be applicable to all officers and employees of the department other than those serving in the active military service of the state under orders of the Governor. The officers and employees shall receive the same pay as an officer or enlisted man of the regular service of corresponding grade with corresponding length of service; however, if a person is designated to the position of deputy adjutant general, the person may occupy a position in the Merit System in the State of Alabama or a position as a National Guard technician in the federal Civil Service System. All persons appointed as officers in the military shall have served at least three years in the active Alabama National Guard and should have military and civil education, training, and experience particularly fitting them for the positions to which they are assigned.

The assignments, duties, and authority of the officers and employees of the department shall be prescribed and assigned by the Adjutant General, with the approval of the Governor, and the department shall be organized and may be reorganized into appropriate sections, divisions, or agencies to conform to the wishes of the Governor, and the regulations and requirements of the National Guard of the United States. The persons occupying positions as heads or chiefs of the various sections or divisions or holding other offices or positions in the department shall, if they qualify therefor, hold military rank as may be authorized and approved for the positions by the Governor and the National Guard Bureau of the United States, and if authorized and approved, those officers holding the positions of deputy adjutant general, assistant adjutants general for the army and assistant adjutant general for air shall be appointed to and hold the grade of major general or the military rank authorized and approved by the Governor and the National Guard Bureau of the United States for the time they occupy the positions. Officers and employees of the State Military Department called, ordered, or drafted into the service of the Armed Forces of the United States or for any reason shall be granted leave of absence from their employments therein for the time they are retained in the service and shall be reinstated in the former position or similar employments if they desire, and if they apply in writing to the Adjutant General for reinstatement within 12 months after termination of the term of service on their original call, order, draft, or enlistment into the federal service.
Ala. Code § 31-2-130 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-130
Section 31-2-130 Counties or Municipalities May Sell, Etc., Real Estate and Buildings to Local National Guard Units for Military Purposes
Status: in_force

The county commission in each county and the city council, city commissioners, or other governing body of a municipality are hereby authorized and empowered to sell, rent, lease, or give any real estate and buildings belonging to the county or municipality to any unit of the National Guard located in their respective counties and municipalities for the purpose of erecting or furnishing armories, offices, storerooms, training areas, target ranges, sheds for military vehicles, hangars for airplanes, motor vehicles, and military equipment of every character, including flying fields and similar utilities, for the military purposes of each unit. All sales, leases, transfers, and gifts under this section shall be in accordance with such rules and regulations as the Armory Commission may approve.
Ala. Code § 31-2-116 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-116
Section 31-2-116 Dispersion of Mob, Etc. - Order to Disperse - Failure to Obey Order
Status: in_force

Any person or persons composing or taking part in any riot, rout, tumult, mob, or lawless combination or assembly mentioned in Section 31-2-115 who, after being duly commanded to disperse as provided in Section 31-2-115, wilfully and intentionally fails to do so, is guilty of a felony, and must, on conviction, be imprisoned in the penitentiary for not less than one, nor more than two years.
Ala. Code § 31-2A-18 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-18
Section 31-2A-18 (Article 18.) Jurisdiction of General Courts-Martial
Status: in_force

Subject to Section 31-2A-17 (Article 17), general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code, and, under such limitations as the Governor may prescribe, may adjudge any punishment not forbidden by this code.
Ala. Code § 31-2C-7 — Alabama Code / Title 31 / Chapter 2C / Section 31-2C-7
Section 31-2C-7 Competency Requirements for Attorneys and Non-lawyer Assistants Providing Legal Services; Continuing Legal Education and Training
Status: in_force

(a) The Legal Services Office along with designated supervisory judge advocates shall ensure that all attorneys and non-lawyer assistants providing legal services develop and maintain the requisite level of competency required by the Alabama State Bar, state rules, and federal regulations that apply to judge advocates.

(b) The Legal Assistance Associate General Counsel shall ensure all of the following:

(1) All judge advocates and attorneys under his or her supervision receive continuing legal education in the areas of law, policy, and professional responsibility relevant to legal assistance. Training should take advantage of courses sponsored by state and federal government agencies; national, state, and local bar associations; and the Judge Advocate General’s Legal Center and School.

(2) The Legal Services Office periodically conducts training covering the laws affecting legal assistance cases in coordination with local bar associations, legal aid offices, local practitioners, and relevant state and local government agencies.

(3) Paralegal specialists, office intake personnel, and receptionists receive training and instructions on safeguarding the privacy and confidentiality of client information, conflicts of interest, reporting procedures for violations of the standards, and other professional responsibility topics related to legal assistance. Participation in local legal assistance training shall be encouraged. Supervisory lawyers should encourage and support participation in the Army’s Paralegal Degree Program for all paralegal soldiers.

(4) Other attorneys who may be called to perform legal assistance duties receive appropriate training in legal assistance.
Ala. Code § 31-2-95 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-95
Section 31-2-95 Courts-Martial for Members of National Guard - Convening and Powers of Punishment of Summary Courts-Martial
Status: reserved

Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
Ala. Code § 31-8-17 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-17
Section 31-8-17 Proceedings as to Pensions Secured by Misrepresentation
Status: in_force

If it shall be ascertained that any pensioner under this chapter secured the grant of her pension by misrepresentation, either by herself or others, the name of such pensioner shall be stricken from the pension roll of the state and the facts reported by the county department of human resources to the grand jury of the county of the pensioner’s residence for its consideration.
Ala. Code § 31-2-79 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-79
Section 31-2-79 Exemption of Members of Militia from Arrest
Status: in_force

Members of the militia in the active armed forces of the state shall not be arrested on any process issued by or from any civil officer or court, except in the case of a felony or a breach of the peace, while going to, remaining at, or returning from any place at which he may be required to attend for military or naval duty; nor in any case whatsoever while actually engaged in the performance of his military or naval duties, treason and murder excepted, unless with the consent of his commanding officer.
Ala. Code § 31-13-35 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-35
Section 31-13-35 Records Searches by Department of Revenue; Investigations
Status: in_force

(a) The Department of Revenue shall conduct annual searches of its records to determine if multiple individuals have filed tax returns under the same Social Security number or the same individual tax identification number.

(b) If the department determines that multiple individuals have filed tax returns under the same Social Security number or the same individual tax identification number, the department shall further investigate the use of the Social Security numbers or individual tax identification numbers.

(c) After its investigation, if the department determines that a Social Security number or an individual tax identification number has been stolen or misused by another individual in violation of Article 10, Chapter 8, of Title 13A, the department shall report the violation to the Attorney General or the appropriate district attorney.
Ala. Code § 31-3-2 — Alabama Code / Title 31 / Chapter 3 / Section 31-3-2
Section 31-3-2 Right of Dependents to Compensation; Amount of Compensation
Status: in_force

In the event an Alabama national guardsman is killed, either accidentally or deliberately, while on state active duty status as defined by Section 31-12-1, his or her dependents shall be entitled to compensation in the amount of one hundred thousand dollars ($100,000) to be paid from the State Treasury, as provided in this chapter, unless the death was caused by the wilful misconduct of the guardsman or was due to his or her own intoxication or his or her wilful failure or refusal to use safety appliances provided by his or her commanding officer or other person in charge, or his or her wilful refusal or neglect to perform a statutory duty or any other wilful violation of a law, or his or her wilful breach of a reasonable rule or regulation governing the performance of his or her duties as such guardsman, of which rule or regulation he or she had knowledge. Any Alabama national guardsman whose death results proximately and within three years from an injury received while on state active duty status, for the purposes of this chapter, shall be deemed to have been killed while on state active duty status; provided, however, that the compensation provided for by this chapter shall be limited to state duty and shall not be extended to cover any federal duty status.
Ala. Code § 31-2-104 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-104
Section 31-2-104 Courts-Martial for Members of National Guard - Persons Authorized to Execute Processes and Sentences
Status: in_force

All processes and sentences of any of the military courts of this state shall be executed by any sheriff, deputy sheriff, constable, or police officer, or by any person deputized by the military court, into whose hands the same may be placed for service or execution, and such officer shall make return thereof to the officer issuing or imposing the same. Such service or execution of process or sentence shall be made by such officer without tender or advancement of fee therefor, but all costs in such cases shall be paid from funds appropriated for military purposes. The actual necessary expenses of conveying individuals from one county in the state to another, when the same is authorized and directed by the Adjutant General of the state, shall be paid from the regular military appropriation of the state when approved by the Governor.
Ala. Code § 31-5A-5 — Alabama Code / Title 31 / Chapter 5A / Section 31-5A-5
Section 31-5A-5 Oversight and Coordination of State Veterans Homes; Directors; Duties
Status: in_force

The commissioner shall appoint an executive director for oversight and coordination of all state veterans homes and shall also appoint an on-site director for each state veterans home. The executive director and on-site director positions created pursuant to this section shall be exempt status, and shall be subject to guidelines established by the department. Each director shall be appointed on the basis of education, ability, and experience in the administration of medical facilities or nursing homes, without regard to political affiliations. Each director shall perform his or her duties in accordance with the rules, guidelines, and general policies established by the department and as provided in this chapter.
Ala. Code § 31-5-13 — Alabama Code / Title 31 / Chapter 5 / Section 31-5-13
Section 31-5-13 Offices of Department, Commissioner, Etc
Status: in_force

The department and the commissioner shall maintain offices in the capital city of the state. The commissioner, in addition to any service office, if deemed necessary, may set up and maintain a service office staffed by an assistant commissioner, veteran service officer, or district manager, with sufficient clerical assistance.
Ala. Code § 31-8-4 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-4
Section 31-8-4 Certain Persons Not to Be Placed on Pension Roll
Status: in_force

The State Department of Human Resources shall not place on the pension rolls of the state the name of the widow of any person or persons who served only in the state troops, state militia, or home guard.
Ala. Code § 31-4-17 — Alabama Code / Title 31 / Chapter 4 / Section 31-4-17
Section 31-4-17 City and County Donations, Etc., for Aid of Local National Guard or Naval Militia Organizations
Status: in_force

Every city and county in the State of Alabama now having, or that may hereafter have, an active National Guard or Naval Militia organization or organizations within its boundaries is hereby authorized and empowered to render such financial assistance as it may deem wise and patriotic to such National Guard or Naval Militia organization, either by donating land or buildings, or donating the use of such land or buildings or by contributing money to their equipment and maintenance.
Ala. Code § 31-2A-99 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-99
Section 31-2A-99 (Article 99.) Misbehavior Before the Enemy
Status: reserved

REPEALED BY ACT 2024-329, EFFECTIVE OCTOBER 1, 2024.
Ala. Code § 31-8-14 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-14
Section 31-8-14 Application for Reinstatement to Pension Roll
Status: in_force

Any widow whose name has been dropped from the pension rolls of this state since January 1, 1922, and who is a bona fide resident citizen of this state at the time of making application for restoration of her name to the pension rolls of the state may have her name restored to the pension roll of this state by making application before the county department of human resources of the county of her residence, setting forth in the application the name of the county in which she was residing at the time her name was stricken from the pension roll, and the names of the places, counties and states where she has resided since her name was dropped from the pension roll of Alabama, such application to be supported by affidavit of the applicant and proof of two witnesses as to her bona fide residence in this state. Such application shall be forwarded by the county department of human resources to the State Department of Human Resources and if, on investigation by the board, the facts set forth in the application are found to be true and correct, the board shall order the name of such person restored to the pension rolls of the state.
Ala. Code § 31-5-4 — Alabama Code / Title 31 / Chapter 5 / Section 31-5-4
Section 31-5-4 State Department of Veterans Affairs -- Assistance to Veterans in Presenting Claims, Establishing Rights, Etc
Status: in_force

(a) The department shall assist veterans of the United States in presenting and pursuing any credible claim the veteran may have against the United States arising out of his or her military service and in establishing the veteran’s right to any privilege, preference, care, compensation, or pension as provided by federal law or the laws of this state, when the veteran requests assistance. When a veteran who is applying to a representative of the department has executed a power of attorney to any veterans organization or the American Red Cross, which has entered into an agreement with the department, the representative shall do all of the following:

(1) Accept any credible claim or information pertaining to any claim, right, preference, privilege, compensation, pension, or application for care from the veteran.

(2) Advise him or her as to the proper preparation of the claim.

(3) Arrange, upon request of the veteran, for the further handling, presenting, and prosecuting of the claim.

(b) Should any veteran making application to the department not have given a power of attorney to any organization to represent the veteran in handling his or her affairs, the department shall advise the veteran of the organizations recognized by the United States Department of Veterans Affairs to represent him or her and allow the veteran to make his or her choice of the organization he or she desires to represent him or her.
Ala. Code § 31-2A-6 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-6
Section 31-2A-6 (Article 6.) Judge Advocates
Status: in_force

(a) The Alabama Army or Air National Guard State Staff Judge Advocate of each branch of service within the Alabama National Guard or the State Staff Judge Advocate’s delegate or delegates shall make frequent inspections in the field in supervision of the administration of military justice for that branch of service.

(b) Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate command, or with a State Staff Judge Advocate.

(c) No individual who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act as a judge advocate providing legal advice to the reviewing authority concerning the same case.
Ala. Code § 31-2-73 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-73
Section 31-2-73 Appointment, Promotion, Etc., of Noncommissioned Officers, Etc., of National Guard
Status: in_force

The appointment, promotion, or reduction in grade or rank of noncommissioned officers and other enlisted personnel of the National Guard shall be in conformity with the National Defense Act and regulations of the Department of Defense.
Ala. Code § 31-2-61 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-61
Section 31-2-61 Salaries of Officers and Employees of Military Department
Status: in_force

Salaries of officers and other employees of the Military Department shall be such as are now or may hereafter be provided by law. All salaries provided shall be paid in the same manner as salaries of other state officials and employees are paid, and may be paid out of any appropriations made for the expenses of the State Military Department.
Ala. Code § 31-2-111 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-111
Section 31-2-111 Ordering Out of Troops - Request to Governor by Local Officials
Status: in_force

Whenever any circuit court judge, municipal court judge, probate court judge, sheriff, or mayor of any incorporated city, town, or village, shall have reasonable cause to apprehend the outbreak of any riot, rout, tumult, mob, or combination to oppose the enforcement of the laws by force or violence, within the jurisdiction in which such officer is by law a conservator of the peace, which cannot be speedily suppressed or effectually prevented by the ordinary posse comitatus and peace officers, it shall forthwith become the duty of such judge, sheriff, or mayor, to report the facts and circumstances in writing or verbally to the Governor or his authorized representative, and request him to order out such portion of the National Guard of the state as may be necessary to enforce the laws and preserve the peace. It shall thereafter be the duty of the Governor, if he deems such apprehension well-founded, to order out, or direct to be held in readiness, such portion of the National Guard as he may deem advisable for the proper enforcement of the law, and he shall instruct the officer in command of such troops as to the duties required of him.
Ala. Code § 31-10-20 — Alabama Code / Title 31 / Chapter 10 / Section 31-10-20
Section 31-10-20 Definitions
Status: reserved

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

The following words and terms used in this article shall have the meanings as set forth in this section:

(1) ACTIVE MEMBER. A member of a federally recognized unit of the Alabama National Guard meeting the minimum requirements for satisfactory membership as defined in the regulations of the Department of the United States Army and the Department of the United States Air Force.

(2) ALABAMA NATIONAL GUARD. Federally recognized units of the Alabama National Guard.

(3) DEGREE OBJECTIVE. A series of courses (enrolled hours) which apply toward a specific degree.

(4) TUITION. The total semester, quarter, or classroom hour cost of instruction and fees, excluding late registration fees, academic penalty fees, and electives fees, to the student as periodically published in the catalog of the educational institution, not to exceed the average full-time class load.

(5) TUITION BENEFITS. The difference in the amounts provided for tuition pursuant to the Montgomery G.I. Bill, any other VA Educational Benefits, any student grant or scholarship, Active Duty Tuition Assistance Program and the Alabama National Guard Education Assistance Program, or where no other tuition benefit is available, the full amount of tuition. Title IV Financial Aid application must be filed and Student Aid Report submitted to an institution’s Financial Aid Office prior to the student’s registration.
Ala. Code § 31-2A-16 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-16
Section 31-2A-16 (Article 16.) Courts-Martial Classified
Status: in_force

The three kinds of courts-martial in the state military forces are:

(1) General courts-martial, consisting of either of the following:

a. A military judge and not less than five members.

b. Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves.

(2)a. Special courts-martial, consisting of a military judge alone.

b. The military judge shall be detailed to the court by the State Staff Judge Advocate of either the Alabama Army or Air National Guard .

c. The military judge may hear cases arising from any service or branch within the state military forces.

(3) Summary courts-martial, consisting of one commissioned officer.
Ala. Code § 31-2-1 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-1
Section 31-2-1 (Operative If the Federal Government Creates a Space National Guard by 2025) Definitions
Status: in_force

The following definitions shall be used in construing, interpreting, enforcing, and applying the provisions of this chapter or any provision of any other act affecting the militia, the Military Department, or any parts thereof:

(1) ARMED FORCES OF THE STATE OF ALABAMA. The National Guard to include army, air, and space, the Alabama State Guard, and the Naval Militia.

(2) NATIONAL DEFENSE ACT. Title 32, United States Code, and amendments thereto, and that body of laws enacted by Congress relating to the reserve components of the Armed Forces of the United States and amendments thereto, heretofore or which may hereafter be enacted.

(3) REGULATIONS OF THE DEPARTMENT OF DEFENSE. All regulations or directives issued by the Secretary of Defense or by the appropriate secretary of a service in the Department of Defense, including the Chief of the National Guard Bureau.

(4) UNIFORM CODE OF MILITARY JUSTICE. Chapter 47, Title 10, United States Code, and all amendments heretofore or hereafter enacted, and all executive orders and regulations pursuant thereto.

(5) UNIT DESIGNATIONS. Headquarters, company, troop, battery, battalion, flight, group, brigade, squadron, regiment, division, wing, or other unit designations used by the National Guard shall be in accordance with the common usage or regulations of the United States Armed Forces.
Ala. Code § 31-1-9 — Alabama Code / Title 31 / Chapter 1 / Section 31-1-9
Section 31-1-9 Public Health Service Commissioned Corps and National Oceanic and Atmospheric Administration Commissioned Officer Corps
Status: in_force

(a) The United States has eight uniformed federal services that commission officers under Title 10 of the United States Code, consisting of the six Armed Forces of the United States (United States Army, United States Navy, United States Marine Corps, United States Air Force, United States Coast Guard, and the United States Space Force) along with the Public Health Service Commissioned Corps and the National Oceanic and Atmospheric Administration Commissioned Officer Corps.

(b) Officers of the Public Health Service Commissioned Corps and the National Oceanic and Atmospheric Administration Commissioned Officer Corps have uniforms, service insignia, and commissioning devices comparable to the United States Armed Forces, may be militarized by the President, and can be classified as prisoners of war if captured by a belligerent entity. They are paid on the same scale as members of the United States Armed Forces, with respective rank and time-in-grade.

(c) All verbal and written collective references to the United States Uniformed Services shall include the Public Health Service Commissioned Corps and the National Oceanic and Atmospheric Administration Commissioned Officer Corps.
Ala. Code § 31-8-5 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-5
Section 31-8-5 Forms, Etc., for Use by Applicants
Status: in_force

The Commissioner of the State Department of Human Resources shall furnish to the county departments of human resources all necessary forms and stationery to carry out the provisions of this chapter. The cost of such forms and stationery shall be paid by the state as is other stationery.
Ala. Code § 31-2-20 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-20
Section 31-2-20 Unauthorized Wearing of Uniform While Not on Duty
Status: in_force

Any member of the National Guard or Naval Militia of Alabama who shall wear the uniform or equipment or any part of articles of uniform or equipment issued by the United States, or owned by the State of Alabama, while not on duty, without authority, shall be punished as a court-martial shall direct.
Ala. Code § 31-13-25 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-25
Section 31-13-25 E-verify Employer Agent Service
Status: in_force

(a)(1) The Alabama Department of Homeland Security shall establish and maintain an E-Verify employer agent service for any business entity or employer in this state with 25 or fewer employees to use the E-Verify program to verify an employee’s employment eligibility on behalf of the business entity or employer. The Alabama Department of Homeland Security shall establish an E-Verify employer agent account with the United States Department of Homeland Security, shall enroll a participating business entity or employer in the E-Verify program on its behalf, and shall conform to all federal statutes and regulations governing E-Verify employer agents. The Alabama Department of Homeland Security shall not charge a fee to a participating business entity or employer for this service.

(2) The Alabama Department of Homeland Security E-Verify employer agent service shall be in place by November 30, 2011. The service shall accommodate a business entity or employer who wishes to communicate with the Alabama Department of Homeland Security by Internet, by electronic mail, by facsimile machine, by telephone, or in person, provided that such communication is consistent with federal statutes and regulations governing E-Verify employer agents.

(b) On or after January 1, 2012, before receiving any contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity, a business entity or employer shall provide proof to the state, political subdivision thereof, or state-funded entity that the business entity or employer is enrolled and is participating in the E-Verify program, either independently or through the Alabama Department of Homeland Security E-Verify employer agent service.

(c) Every three months, the Alabama Department of Homeland Security shall request from the United States Department of Homeland Security a list of every business entity or employer in this state that is enrolled in the E-Verify program. On receipt of the list, the Alabama Department of Homeland Security shall make the list available on its website.

(d) A business entity or employer that is enrolled in the E-Verify program and that verifies the employment eligibility of an employee in good faith pursuant to this section, and acts in conformity with all applicable federal statutes and regulations is immune from liability under Alabama law for any action by an employee for wrongful discharge or retaliation based on a notification from the E-Verify program that the employee is an unauthorized alien.
Ala. Code § 31-2A-67 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-67
Section 31-2A-67 (Article 67.) Review by State Appellate Authority
Status: in_force

Decisions of the Military Court-Martial Review Panel are subject to review by the Alabama Supreme Court by writ of certiorari pursuant to Section 140 of Official Recompilation of the Constitution of Alabama of 1901, as amended. The appellate procedures to be followed shall be those provided by law for the appeal of criminal cases thereto.
Ala. Code § 31-2-36 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-36
Section 31-2-36 Acceptance, Etc., of Commission, Etc., in State Armed Forces and United States Reserve Components Not Incompatible with Holding of Civil Office
Status: in_force

Any citizen of this state may accept and hold a commission or warrant or enlisted membership in the armed forces of the state and reserve components of the United States without vacating any civil office, position, or commission held by him. The acceptance or holding of any such military or naval commission or membership and the receipt of pay therefrom shall not constitute such holding of an office of privilege and trust under the government of this state and of the United States as shall be incompatible with holding of any civil office, executive, legislative, or judicial, or position or commission under the government of this state.
Ala. Code § 31-2A-135 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-135
Section 31-2A-135 (Article 135.) Courts of Inquiry
Status: in_force

(a) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry.

(b) A court of inquiry consists of three or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.

(c) Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.

(d) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.

(e) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties.

(f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.

(g) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.

(h) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
Ala. Code § 31-9-61 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-61
Section 31-9-61 Certified Local Emergency Management Director
Status: in_force

(a)(1) The following requirements are established for the position of certified local emergency management director created herein:

a. Satisfactory completion of two years of college level education.

b. At least three years of work experience in the area of emergency response, emergency management, or qualified military service.

c. Two hundred hours of course work in emergency management as recommended by the Alabama Association of Emergency Managers and approved by the Director of the Alabama Emergency Management Agency.

(2) Any individual who is serving as a local emergency management director on June 14, 2007, shall be deemed to satisfy the requirement for two years of college level education if he or she has a minimum five years’ work experience as a local emergency management director and he or she meets the requirement of paragraph (a)(1)c.

(b) Any local emergency management director meeting the standards set out in subsection (a) shall be granted the designation of local emergency management director without the completion of any further requirements unless the requirements are approved by the governing board of the Buddy Sharpless Education Institute established in Section 11-3-44.
Ala. Code § 31-2C-12 — Alabama Code / Title 31 / Chapter 2C / Section 31-2C-12
Section 31-2C-12 Scope of Alabama National Guard Legal Services
Status: in_force

(a) The scope of Alabama National Guard legal services is limited to the types of cases, matters, and services as defined and outlined in Army Regulation 27-3, Air Force Instruction 51-304, and Army National Guard Instruction 51-504.

(b) The Alabama National Guard Legal Services Office may limit or expand any services depending on expertise, resources, and personnel.

(c) Legal assistance services are provided at no cost to a client; however, the Alabama National Guard Legal Services Office is not responsible for any costs associated with a client’s legal matter, including, but not limited to, court fees, charges, filing fees, discovery fees, application fees, appeal bonds, fines, civilian or private attorney fees, or any other costs.
Ala. Code § 31-12-10 — Alabama Code / Title 31 / Chapter 12 / Section 31-12-10
Section 31-12-10 Purchase of Military Leave into Retirement System
Status: in_force

This chapter shall not repeal, amend, or otherwise modify existing state law pertaining to the purchase of military leave into the Retirement Systems of Alabama except as specifically modified herein.
Ala. Code § 31-2A-97 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-97
Section 31-2A-97 (Article 97.) Unlawful Detention
Status: in_force

Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
Ala. Code § 31-2A-74 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-74
Section 31-2A-74 (Article 74.) Remission and Suspension
Status: in_force

(a) The Governor may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.

(b) The Governor, for good cause, may substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
Ala. Code § 31-2-114 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-114
Section 31-2-114 Ordering Out of Troops - Reports to Governor When Troops Ordered by Civil Authorities
Status: in_force

Whenever any National Guard troops are ordered out by a civil authority under the provisions of this chapter, without first obtaining an order from the Governor, it shall be the duty of the civil authority and also of the commander of such National Guard troops to report the facts as soon as practicable to the Governor or his authorized military representative, and in all cases the Governor or his authorized military representative may direct such National Guard troops to perform their duties under his immediate orders.
Ala. Code § 31-2A-73 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-73
Section 31-2A-73 (Article 73.) Petition for a New Trial
Status: in_force

(a) At any time within 30 days after notice of approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court-martial.

(b) At any time within 30 days of discovery of newly discovered evidence or fraud on the court-martial , the accused may petition for a new trial with the Military Court-Martial Review Panel. In the event the accused’s case is pending before the Alabama Supreme Court, the appeal shall be stayed until the Military Court-Martial Review Panel rules on the petition.
Ala. Code § 31-13-7 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-7
Section 31-13-7 Receipt of State or Local Public Benefits; Verification of Lawful Presence in the United States; Violations; Annual Reports
Status: in_force

(a) As used in this section, the following terms have the following meanings:

(1) EMERGENCY MEDICAL CONDITION. The same meaning as provided in 42 U.S.C. § 1396b(v)(3).

(2) FEDERAL PUBLIC BENEFITS. The same meaning as provided in 8 U.S.C. § 1611.

(3) STATE OR LOCAL PUBLIC BENEFITS. The same meaning as provided in 8 U.S.C. § 1621.

(b) An alien who is not lawfully present in the United States and who is not defined as an alien eligible for public benefits under 8 U.S.C. § 1621(a) or 8 U.S.C. § 1641 shall not receive any state or local public benefits.

(c) Except as otherwise provided in subsection (e) or where exempted by federal law, commencing on September 1, 2011, each agency or political subdivision of the state shall verify with the federal government the lawful presence in the United States of each alien who applies for state or local public benefits, pursuant to 8 U.S.C. §§ 1373(c), 1621, and 1625.

(d) An agency of this state or a county, city, town, or other political subdivision of this state may not consider race, color, or national origin in the enforcement of this section.

(e) Verification of lawful presence in the United States shall not be required for any of the following:

(1) For primary or secondary school education, and state or local public benefits that are listed in 8 U.S.C. § 1621(b).

(2) For obtaining health care items and services that are necessary for the treatment of an emergency medical condition of the person involved and are not related to an organ transplant procedure.

(3) For short term, noncash, in kind emergency disaster relief.

(4) For public health assistance for immunizations with respect to immunizable diseases, for the Special Supplemental Nutrition Program for Women, Infants, and Children, and for testing and treatment of symptoms of communicable diseases, whether or not such symptoms are caused by a communicable disease.

(5) For programs, services, or assistance, such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by federal law or regulation that satisfy all of the following:

a. Deliver in-kind services at the community level, including services through public or private nonprofit agencies.

b. Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the income or resources of the individual recipient.

c. Are necessary for the protection of life or safety.

(6) For prenatal care.

(7) For child protective services and adult protective services and domestic violence services workers.

(f) No official of this state or political subdivision of this state shall attempt to independently make a final determination of whether an alien is lawfully present in the United States. An alien’s lawful presence in the United States shall be verified by the federal government pursuant to 8 U.S.C. § 1373(c).

(g) Any United States citizen applying for state or local public benefits, except those benefits described in subsection (e), shall sign a declaration that he or she is a United States citizen.

(h) Any person who knowingly makes a false, fictitious, or fraudulent statement or representation in a declaration executed pursuant to subsection (g) shall be guilty of perjury in the second degree pursuant to Section 13A-10-102. Each time that a person receives a public benefit based upon such a statement or representation shall constitute a separate violation of Section 13A-10-102.

(i) The verification that an alien seeking state or local public benefits is an alien lawfully present in the United States shall be made through the Systematic Alien Verification for Entitlements (SAVE) program, operated by the United States Department of Homeland Security. If for any reason the verification of an alien’s lawful presence through the SAVE program is delayed or inconclusive, the alien shall be eligible for state or local public benefits in the interim period if the alien signs a declaration that he or she is an alien lawfully present in the United States. The penalties under subsection (h) shall apply to any false, fictitious, or fraudulent statement or representation made in a declaration.

(j) Each state agency or department that administers a program that provides state or local public benefits shall provide an annual report with respect to its compliance with this section to the Government Affairs Committee of the Senate and the Government Operations Committee of the House of Representatives, or any successor committees.

(k) Errors and significant delays resulting from use of the SAVE program shall be reported to the United States Department of Homeland Security and to the Alabama Department of Homeland Security to assist the federal government in ensuring that the application of the SAVE program is not wrongfully denying benefits to aliens lawfully present in the United States.

(l) For the purposes of administering the Alabama Child Health Insurance Program, verification and documentation of lawful presence through any alternative means expressly authorized by federal law shall satisfy the requirements of this section.
Ala. Code § 31-2A-64 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-64
Section 31-2A-64 (Article 64.) Review by the Senior Judge Advocate
Status: in_force

(a) Each general and special court-martial case in which there has been a finding of guilty shall be reviewed by the senior judge advocate, or a designee for the convening authority. The senior judge advocate, or designee, may not review a case under this subsection if that person has acted in the same case as an accuser, investigating officer, member of the court, military judge, or counsel or has otherwise acted on behalf of the prosecution or defense. The senior judge advocate’s review shall be in writing and shall contain all of the following:

(1) Conclusions as to whether:

a. The court had jurisdiction over the accused and the offense.

b. The charge and specification stated an offense.

c. The sentence was within the limits prescribed as a matter of law.

(2) A response to each allegation of error made in writing by the accused.

(3) If the case is sent for action under subsection (b), a recommendation as to the appropriate action to be taken and an opinion as to whether corrective action is required as a matter of law.

(b) The record of trial and related documents in each case reviewed under subsection (a) shall be sent for action to the general court-martial convening authority if any of the following occur:

(1) The judge advocate who reviewed the case recommends corrective action.

(2) The sentence approved under Section 31-2A-60(c) (Article 60(c)) extends to dismissal, a bad-conduct or dishonorable discharge, or confinement for more than six months.

(3) Such action is otherwise required by regulations of the Adjutant General.

(c)(1) The convening authority may do any of the following:

a. Disapprove or approve the findings or sentence, in whole or in part.

b. Remit, commute, or suspend the sentence in whole or in part.

c. Except where the evidence was insufficient at the trial to support the findings, order a rehearing on the findings, on the sentence, or on both.

d. Dismiss the charges.

(2) If a rehearing is ordered but the convening authority finds a rehearing impracticable, the convening authority shall dismiss the charges.

(3) If the opinion of the senior judge advocate, or designee, in the senior judge advocate’s review under subsection (a) is that corrective action is required as a matter of law and if the convening authority does not take action that is at least as favorable to the accused as that recommended by the judge advocate, the record of trial and action thereon shall be sent to the Adjutant General for review and action as deemed appropriate. In cases where the Adjutant General is the convening authority, the record of trial and action thereon shall be sent to the Governor for review and action as deemed appropriate. The Adjutant General or Governor shall act on this decision within 30 days of receiving the opinion and record of trial.
Ala. Code § 31-12-1 — Alabama Code / Title 31 / Chapter 12 / Section 31-12-1
Section 31-12-1 Definitions
Status: in_force

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

(1) BE CALLED OR ORDERED BY THE GOVERNOR. To be called or ordered into active military service under 32 U.S.C. §502(f) or this title.

(2) EMPLOYEE. Except as provided in Sections 31-12-5, 31-12-6, 31-12-7, and 31-12-8, any person employed by a public or private employer.

(3) FEDERALLY FUNDED DUTY OTHER THAN TRAINING. Any duty performed in an operational role for homeland security in accordance with Title 32 U.S.C. §502(f). This is federally funded duty in addition to or in lieu of the 15 days and one weekend a month federally required training and other training duty.

(4) RESERVE COMPONENT OF THE ARMED FORCES. The United States Army Reserve, United States Navy Reserve, United States Marine Corps Reserve, United States Coast Guard Reserve, United States Air Force Reserve, and Alabama National Guard.

(5) SOLDIERS’ AND SAILORS’ RELIEF ACT (SSCRA). The provisions of 50 App. U.S.C. §501 et seq., which protects active military service members from adverse legal action when military service hampers the service member’s ability to meet financial obligations. SSCRA lowers the interest rate to six percent during the term of active duty and prohibits foreclosures and evictions.

(6) STATE ACTIVE DUTY. Any state funded duty performed, other than for training, by an active member of the Alabama National Guard in accordance with this title.

(7) UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994. The provisions of 38 U.S.C. §4301 et seq., which give employees who leave a civilian job to perform military service the right to return to the civilian job held before entering military service with rights to purchase insurance coverage, purchase retirement credit, and seniority.
Ala. Code § 31-5B-7 — Alabama Code / Title 31 / Chapter 5B / Section 31-5B-7
Section 31-5B-7 Alabama Veterans Resource Center Fund
Status: in_force

(a) The Alabama Veterans Resource Center Fund is created in the State Treasury. All monies received by the board pursuant to this chapter or otherwise from any source permitted by this chapter shall be deposited into the State Treasury to the credit of the fund. Amounts deposited into the fund shall be budgeted and allotted in accordance with Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through 41-19-12.

(b) The center may accept additional funding from public and private sources, including appropriations, loans, federal gifts, grants, corporate sponsorships, and individual donations.
Ala. Code § 31-2A-78 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-78
Section 31-2A-78 (Article 78.) Accessory After the Fact
Status: in_force

Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court-martial may direct.
Ala. Code § 31-2C-13 — Alabama Code / Title 31 / Chapter 2C / Section 31-2C-13
Section 31-2C-13 Requirements of Judge Advocates Providing Legal Assistance; Reimbursement of Certain Fees; Presentations by Legal Assistance Attorneys; Coordination by Legal Services Office
Status: in_force

(a) All judge advocates providing legal assistance must obtain and hold an occupational license from the Alabama State Bar or, with exception and approval of a State Staff Judge Advocate, from another state bar under which the judge advocate is licensed. Further, judge advocates should establish and maintain a liaison with national, state, and local bar organizations. Membership in professional organizations, especially local branches involved in providing legal services pertinent to the military community and attendance at professional meetings and seminars is encouraged.

(b) Upon receipt of necessary approval by a State Staff Judge Advocate, judge advocates and personnel may obtain reimbursement of license fees and any necessary fees associated with continuing legal education or membership in local or state bar associations.

(c) Legal assistance attorneys are encouraged to provide presentations to their civilian counterparts on military legal assistance issues.

(d) The Legal Services Office shall work to incorporate the purposes of the Military Law Committee with coordination between the Alabama State Bar and local bar associations regarding military legal services, referral services, and legal issues within this state.
Ala. Code § 31-1-7 — Alabama Code / Title 31 / Chapter 1 / Section 31-1-7
Section 31-1-7 Access to and Use of Facilities Owned by the Alabama National Guard Extended to Certain Veterans and Caregivers
Status: in_force

(a) As used in this section, the following terms shall have the following meanings:

(1) CAREGIVER. The same meaning as provided in 38 U.S.C. § 1720G(d), or its successor, if any.

(2) FAMILY CAREGIVER. The same meaning as provided in 38 U.S.C. § 1720G(d), or its successor, if any.

(3) FORMER PRISONER OF WAR. The same meaning as provided in 38 U.S.C. § 101, or its successor, if any.

(4) MEDAL OF HONOR RECIPIENT. The same meaning as provided in 10 U.S.C § 1074H(c), or its successor, if any.

(5) SERVICE-CONNECTED. The same meaning as provided in 38 U.S.C. § 101, or its successor, if any.

(6) VETERAN. The same meaning as provided in 38 U.S.C. § 101, or its successor, if any.

(b) In addition to all other benefits, the following persons shall be permitted to use the facilities owned by the Alabama National Guard on the same basis as a member of the United States Armed Forces who is entitled to retired or retainer pay:

(1) A veteran who is a Medal of Honor recipient.

(2) A veteran who was awarded the Purple Heart.

(3) A veteran who is a former prisoner of war.

(4) A veteran with a service-connected disability.

(5) A caregiver or a family caregiver of a veteran.

(c) The Adjutant General of the Alabama National Guard is authorized to adopt rules necessary to implement this section.

(d) Nothing in this section is deemed to limit the authority of the Alabama National Guard to control access to locations or facilities in order to maintain security and good order.
Ala. Code § 31-5-1 — Alabama Code / Title 31 / Chapter 5 / Section 31-5-1
Section 31-5-1 Definitions
Status: in_force

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

(1) BOARD. The State Board of Veterans Affairs.

(2) COMMISSIONER. The chief executive officer of the State Department of Veterans Affairs.

(3) DEPARTMENT. The State Department of Veterans Affairs.

(4) VETERAN. Either of the following:

a. Any individual who served in the active military, naval, air, or space forces of the United States and who was discharged or released under conditions other than dishonorable.

b. Any individual who is entitled, under 10 U.S.C. Chapter 1223, to retired pay for nonregular service or, but for age, would be entitled under that chapter to retired pay for nonregular service.
Ala. Code § 31-9-24 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-24
Section 31-9-24 Regular and Emergency Appropriations; State Grants to Political Subdivisions
Status: in_force

(a) The funds appropriated by the Legislature in the general appropriation act for the support and maintenance of this article shall be expended solely for the purposes designated in the appropriation act and shall be limited to the amounts provided therein and shall be disbursed, in the same manner as all other state funds are disbursed, by warrant of the Comptroller authorized by the Director of the Emergency Management Agency and approved by the Governor, subject to the terms, conditions, provisions, and limitations of Article 4 of Chapter 4 of Title 41. In addition to any other appropriation, there is hereby appropriated out of any moneys in the State Treasury the sum of $250,000, or so much thereof as may be necessary, for the expenses incident to the operation and enforcement of the provisions of this article during an emergency as described in Section 31-9-8 hereof and the expenditure and disbursement of such funds shall be in the same manner as other funds of the Emergency Management Agency are expended and disbursed.

(b) The State of Alabama is hereby authorized to make grants, as funds may be appropriated for the specific purpose, to any political subdivision of the state in amounts not to exceed the amounts expended, or to be expended, by such political subdivision for personnel and administrative costs of local emergency management and emergency preparedness. The State Office of Emergency Management and Emergency Preparedness shall be the agency responsible for the administration of the grant program authorized by this section. In allocating state grants under this section, the administrative agency shall invoke and apply the same standards, criteria, and measures of eligibility for matching funds as prevail in the administration of the Federal Civil Defense Act of 1950, as amended by Public Law 85-606, and no state grant funds authorized by this section shall be allocated to any political subdivision whose emergency management and emergency preparedness program is not eligible for such matching federal grant funds. The amounts of the annual state grants is that amount (50-50) which is appropriated by the local governments for the sole purpose of emergency management emergency preparedness programs at the local level which is programmed in their annual submission to the State Emergency Management Agency. In the event the state appropriation for this grant program in any given fiscal year is insufficient to match all eligible local expenditures for the same purposes in full, the State Office of Emergency Management shall prorate the allocation of available state grants among eligible local programs in the proportion which the eligible local expenditures of a given local program bears to the total eligible local expenditures of all local programs.
Ala. Code § 31-9-25 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-25
Section 31-9-25 Continued Operation of Business and Religious Entities During a State of Emergency; Alabama State House to Remain Open to Public While Legislature in Session
Status: in_force

(a) During the existence of a state of emergency declared pursuant to Section 31-9-8, a business entity or a church, mosque, synagogue, or other bona fide religious institution may continue or resume its business or religious operations if the business entity or religious institution complies with all of the safety precautions issued by the Governor, a state department or agency, or a county or municipal governing body or agency thereof under the authority of the Alabama Emergency Management Act of 1955, Article 1 of this chapter, to prevent a threat to the public caused by a pandemic, epidemic, or bioterrorism event, or the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin.

(b) Notwithstanding the existence of a state of emergency declared pursuant to Section 31-9-8, the Alabama State House may not be closed to the public while the Legislature is in session.

(c) If a provision of this section is inconsistent with any proclamation, order, rule, or other directive adopted under this article, this section shall prevail.
Ala. Code § 31-2A-42 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-42
Section 31-2A-42 (Article 42.) Oaths or Affirmations
Status: in_force

(a) Before performing their respective duties, military judges, general and special courts-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully. The form of the oath or affirmation, the time and place of the taking of the oath, the manner of recording the oath, and whether the oath or affirmation shall be taken for all cases in which these duties are to be performed or for a particular case, shall be as prescribed in regulation or as provided by law. These regulations may provide that an oath or affirmation to perform faithfully the duties as a military judge, trial counsel, or defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty, and if such an oath or affirmation is taken, it need not again be taken at the time the judge advocate or other person is detailed to that duty.

(b) Each witness before a court-martial shall be examined under oath or affirmation.
Ala. Code § 31-2C-9 — Alabama Code / Title 31 / Chapter 2C / Section 31-2C-9
Section 31-2C-9 Limitation or Expansion of the Legal Assistance Program
Status: in_force

The Adjutant General or a State Staff Judge Advocate may limit or expand the Legal Assistance Program depending on the space, facilities, or personnel available and the nature and scope of services needed.
Ala. Code § 31-2C-14 — Alabama Code / Title 31 / Chapter 2C / Section 31-2C-14
Section 31-2C-14 Construction of Chapter
Status: in_force

Nothing in this chapter shall affect the standards of professional conduct required by the United States Army, United States Air Force, National Guard Bureau, or the Alabama State Bar, nor shall it expand any services of the Legal Services Office or personnel, outside of the scope and liability protections of the applicable service regulations. All functions under this chapter and Chapter 2B and all other activities relating to the Legal Services Office are governmental functions for defense and security of Alabama state military forces.
Ala. Code § 31-9-6 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-6
Section 31-9-6 Powers and Duties of Governor with Respect to Emergency Management
Status: in_force

In performing his or her duties under this article, the Governor is authorized and empowered:

(1) To make, amend, and rescind the necessary orders, rules and regulations to carry out the provisions of this article within the limits of the authority conferred upon him or her in this article, with due consideration of the plans of the federal government.

(2) To prepare a comprehensive plan and program for the emergency management of this state, such plan and program to be integrated and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and to coordinate the preparation of plans and programs for emergency management by the political subdivisions of this state, such plans to be integrated into and coordinated with the emergency management plans and programs of this state to the fullest possible extent.

(3) In accordance with such plan and program for the emergency management of this state, to ascertain the requirements of the state, or the political subdivisions thereof, for food or clothing or other necessities of life in the event of disaster or emergency and to plan for and procure supplies, medicines, materials, and equipment for the purposes set forth in this article; to make surveys of the industries, resources and facilities within the state as are necessary to carry out the purposes of this article; to institute training programs and public information programs; and to take all other preparatory steps, including the partial or full mobilization of emergency management organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need.

(4) To make, amend, and rescind the necessary orders, rules, and regulations looking to the direction or control of practice blackouts, air raid drills, mobilization of emergency management forces, and other tests and exercises, warnings, and signals for drills or attacks, the mechanical devices to be used in connection therewith, the effective screening or extinguishing of all lights and lighting devices and appliances, the conduct of civilians and the movement or cessation of movement of pedestrians and vehicular traffic, public meetings or gatherings, the evacuation and reception of civilian population, and shutting off water mains, gas mains, electric power connections, and the suspension of all other public utilities, during, prior and subsequent to drills or attacks.

(5) To create and establish mobile support units and to provide for their compensation.

(6) To cooperate with the President and the heads of the Armed Forces, with the Emergency Management Agency of the United States and with the officers and agencies of other states in matters pertaining to the emergency management of the state and nation and the incidents thereof.

(7) With due consideration to the recommendation of the local authorities, to appoint full-time state and regional area directors.

(8) To utilize the services and facilities of existing officers and agencies of the state and the political subdivisions thereof.

(9) On behalf of this state, to enter into reciprocal aid agreements or compacts with other states and the federal government, including federally recognized Indian tribes. Such mutual aid agreements shall be limited to the furnishing or exchange of food, clothing, medicine, and other supplies; engineering services; emergency housing; police services; national or state guards while under the control of the state; health, medical and related services; fire fighting, rescue, transportation, and construction services and equipment; personnel necessary to provide or conduct these services; such other supplies, equipment, facilities, personnel, and services as may be needed; and the reimbursement of costs and expenses for equipment, supplies, personnel, and similar items for mobile support units, fire fighting and police units, and health units. Such agreements shall be on such terms and conditions as are deemed necessary.

(10) To sponsor and develop mutual aid plans and agreements between the political subdivisions of the state, similar to the mutual aid agreements with other states referred to in subdivision (1) of this section.

(11) To delegate any administrative authority vested in him or her under this article, and to provide for the subdelegation of any such authority.

(12) To take such action and give such directions to state and local law-enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this article and with the orders, rules, and regulations made pursuant thereto.
Ala. Code § 31-13-8 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-8
Section 31-13-8 Enrollment or Attendance at Institutions of Postsecondary Education
Status: in_force

An alien who is not lawfully present in the United States shall not be permitted to enroll in or attend any public postsecondary education institution in this state. For the purposes of this section, a public postsecondary education institution officer may seek federal verification of an alien’s immigration status with the federal government pursuant to 8 U.S.C. § 1373(c). A public postsecondary education institution officer or official shall not attempt to independently make a final determination of whether an alien is lawfully present in the United States. Except as otherwise provided by law, an alien who is not lawfully present in the United States shall not be eligible for any postsecondary education benefit, including, but not limited to, scholarships, grants, or financial aid.
Ala. Code § 31-2-67 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-67
Section 31-2-67 Annual Report by Adjutant General to Governor
Status: in_force

On or before December 1 next preceding the beginning of each regular session of the Legislature of Alabama, the Adjutant General shall prepare and submit to the Governor a report covering the functioning of the State Military Department during the period since the last previous such report and ending September 30 of the year in which the report is submitted, which report shall be transmitted by the Governor to the Legislature for its information and consideration. The report shall include the number and condition of all arms and equipment belonging to the state or in the custody of the state for the use of the Alabama National Guard and Naval Militia, statistics pertaining to the strength and organization of the Alabama National Guard, Naval Militia, and State Militia, information concerning armories, arsenals, warehouses, and similar structures and establishments, a detailed report of all funds and moneys received and disbursed by the State Military Department, recommendations as to needed legislation and appropriations, and such other information concerning the land and naval forces of the state as may be of value and interest to the Governor, the Legislature, and the public. Such report shall be printed and bound and the expenses incident thereto shall be paid out of the appropriation to the Military Department.
Ala. Code § 31-7-3 — Alabama Code / Title 31 / Chapter 7 / Section 31-7-3
Section 31-7-3 Department of Veterans’ Affairs to Adopt Rules and Procedures for Application for Bonus, Determination of Eligibility, Payment, Etc
Status: in_force

The State Department of Veterans’ Affairs shall have complete charge and control of the payment of the bonus authorized in this chapter and may adopt general rules for the making of such payments, the ascertainment and selection of proper recipients of the bonus and the procedure for applying for and receiving bonuses. The State Department of Veterans’ Affairs shall adopt general rules for determining the question of whether an applicant possesses the prerequisite qualification of residence in the State of Alabama at the time he entered the armed forces and such department shall prescribe by rule the nature of proof to be submitted to establish such facts as are necessary to claim the bonus provided for by this chapter.
Ala. Code § 31-2-41 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-41
Section 31-2-41 National Guard and Naval Militia Service Medals. (Amended by Act 2026-491)
Status: in_force

AMENDED BY ACT 2026-491, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

Any present or former officer, warrant officer, or enlisted man who shall have faithfully served in the National Guard or Naval Militia for an aggregate of six years, shall have conferred upon him the right to wear the Faithful Service Cross, which shall be awarded by order of the Governor and furnished at the expense of the state. Any officer, warrant officer, or enlisted man of the National Guard or Naval Militia of this state who shall have served an aggregate of 30 days in the active military service of the state, in the aid of civil authorities in upholding the law and preserving order, protecting lives and property, in the aid and relief of citizens in disaster and other similar service, duly ordered by the Governor, shall have conferred upon him the right to wear the Special Service Medal, which shall be awarded by order of the Governor and furnished at the expense of the state. Any officer, warrant officer, or enlisted man of the National Guard or the Naval Militia of this state who shall have faithfully served in the National Guard or Naval Militia of this state an aggregate of 20 years, shall have conferred upon him the right to wear the Veterans Service Medal, which shall be awarded by order of the Governor and furnished at the expense of the state. Service in the organizations of the National Guard or Naval Militia called, drafted, or ordered into the service of the United States shall be credited as active service in the National Guard or Naval Militia of this state for the purposes named in this section, when the soldier or sailor is a member of the National Guard or Naval Militia on the date of federal call, draft, or order, and this provision shall be retroactive so as to include service in any war or during acts of hostility. The Special Service Medal may also be awarded for such special individual acts as the Military Advisory Board may determine to be meritorious and the Governor may approve, without regard to the period of time involved or the date of the act.
Ala. Code § 31-2C-5 — Alabama Code / Title 31 / Chapter 2C / Section 31-2C-5
Section 31-2C-5 Duties of Alabama National Guard Legal Assistance Associate General Counsel
Status: in_force

The Alabama National Guard Legal Assistance Associate General Counsel shall be responsible for legal assistance services in the Alabama National Guard and State Military Department, and shall do all of the following:

(1) Provide legal assistance services pursuant to Army Regulation 27-3, Air Force Instruction 51-304, and Air National Guard Instruction 51-504, and as may be directed or limited by the State Staff Judge Advocate.

(2) Formulate and publish an Alabama National Guard Manual for Legal Assistance, to be updated annually.

(3) Ensure proper planning and coordination for Soldier Readiness Program legal support.

(4) Secure adequate facilities, equipment, supplies, and personnel for the provision of legal assistance services.

(5) Coordinate, draft, publish, and execute preventive legal assistance initiatives and services that meet the needs of the Alabama National Guard and its respective commands.

(6) Establish, where appropriate, any consistent limitations to accomplish the mission of the Legal Services Office.

(7) Maintain up-to-date legal trackers of clients and services for the Legal Services Office.
Ala. Code § 31-2A-25 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-25
Section 31-2A-25 (Article 25.) Who May Serve on Courts-Martial
Status: in_force

(a) Any commissioned officer of the Alabama National Guard is eligible to serve on all courts-martial for the trial of any person subject to this code.

(b) Any warrant officer of the Alabama National Guard is eligible to serve on general and special courts-martial for the trial of any person subject to this code, other than a commissioned officer.

(c) Any enlisted member of the state military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member subject to this code, but that member shall serve as a member of a court only if, before the conclusion of a session called by the military judge under Section 31-2A-39a (Article 39(a)) prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained. For the purposes of this article, the term “unit” means any regularly organized body of the state military forces not larger than a company, a squadron, a division of the naval militia, or a body corresponding to one of them.

(d) When it can be avoided, no person subject to this code may be tried by a court-martial any member of which is junior to the accused in rank or grade.

(e) When convening a court-martial, the convening authority shall detail as members of the court-martial the members of the Alabama National Guard as, in the convening authority’s opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the state military forces is eligible to serve as a member of a general or special court-martial when that member is the accuser, a witness, or has acted as investigating officer or as counsel in the same case.

(f) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this subsection to his or her staff judge advocate.
Ala. Code § 31-14-7 — Alabama Code / Title 31 / Chapter 14 / Section 31-14-7
Section 31-14-7 Rulemaking Authority
Status: in_force

The commission shall promulgate rules as it deems necessary to implement this chapter.
Ala. Code § 31-8-20 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-20
Section 31-8-20 Payment of Pensions - Generally
Status: in_force

All pensions to the widows of Confederate soldiers and sailors are to be paid in monthly payments on the first day of each month by warrant drawn on the Treasurer by the State Department of Human Resources in favor of each and every pensioner for the amount due each pensioner as provided by law, payable out of the moneys in the Treasury to the credit of the Confederate Pension Fund.
Ala. Code § 31-2A-62 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-62
Section 31-2A-62 (Article 62.) Appeal by the State
Status: in_force

(a)(1) In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following, other than a finding of not guilty with respect to the charge or specification by the members of the court-martial or an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification:

a. An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification.

b. An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding.

c. An order or ruling which directs the disclosure of classified information.

d. An order or ruling which imposes sanctions for nondisclosure of classified information.

e. A refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information.

f. A refusal by the military judge to enforce an order described in paragraph e. that has previously been issued by appropriate authority.

(2) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.

(3) An appeal under this article shall be diligently prosecuted as provided by law.

(b) An appeal under this article shall be forwarded to the court prescribed in Section 31-2A-67 (Article 67). In ruling on an appeal under this article, that court may act only with respect to matters of law.

(c) Any period of delay resulting from an appeal under this article shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
Ala. Code § 31-12A-5 — Alabama Code / Title 31 / Chapter 12A / Section 31-12A-5
Section 31-12A-5 Determiination of Number of Accepted Credits
Status: in_force

Nothing in this chapter shall be construed to infringe on the ability or decision of a public institution of higher education to determine the number of credits accepted by the institution that may be counted toward graduation.
Ala. Code § 31-2-90 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-90
Section 31-2-90 Appointment of Counsel to Defend National Guard Members in Certain Actions
Status: in_force

If a civil or criminal action shall be commenced in any court by any person against any member of the National Guard of this state for any act or omission alleged to have been committed by such member while on any duty under this chapter, or against any member acting under the authority or order of any officer or by virtue of any warrant issued pursuant to law, the Adjutant General shall investigate the allegation, and upon determination by the Adjutant General that such person acted reasonably or in the line of duty, the Governor shall appoint counsel to defend such person, but such counsel shall reasonably be acceptable to the defendant. The cost and expense of any such defense shall be paid out of the regular or special appropriations for the maintenance of the National Guard or the General Fund, in the discretion of the Governor.

Any determination by the Adjutant General or reasonableness or line of duty action shall not be admissible as evidence in the trial of any such action or claim.

Nothing contained in this chapter shall be construed to deprive any such person of his right to select and be represented by private counsel of his own choice at his own expense.

Nothing contained in this chapter shall be construed or held to constitute a waiver of any defense, otherwise available against the claim.
Ala. Code § 31-2-25 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-25
Section 31-2-25 Accountability and Responsibility of Officers for Military Property in Custody; Powers and Duties of Adjutant General as Exclusive Custodian of State Military Property
Status: in_force

Any officer receiving public property for military use shall be accountable and responsible for the articles so received by him, and he shall not transfer such property, or any portion thereof, to another, either as a loan or permanently, without the authority of the Adjutant General, but the Adjutant General shall have authority to order this transfer, either as a loan or permanently, whenever in his discretion the good of the service requires it, of any property of the state in the custody of the militia between different units and headquarters. An officer shall be liable to make good to the state all such property defaced, injured, destroyed, or lost by any neglect or default on his part in an action instituted in the name of the state by the Attorney General when so requested by the Adjutant General. The Adjutant General shall be the exclusive custodian of all state property in the custody of the militia, or of any unit or headquarters thereof, and he shall maintain a perpetual inventory thereof, and shall prescribe reasonable rules and regulations for the care, accountability, responsibility, and disposition thereof.
Ala. Code § 31-2A-84 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-84
Section 31-2A-84 (Article 84.) Unlawful Enlistment, Appointment, or Separation
Status: in_force

Any person subject to this code who effects an enlistment or appointment in or a separation from the Alabama National Guard of any person who is known to him or her to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
Ala. Code § 31-6-3 — Alabama Code / Title 31 / Chapter 6 / Section 31-6-3
Section 31-6-3 Designation of Benefits
Status: in_force

Tuition benefits received pursuant to Sections 31-6-4 through 31-6-6 shall be called “Alabama G.I. Dependents’ Scholarships.”
Ala. Code § 31-3-6 — Alabama Code / Title 31 / Chapter 3 / Section 31-3-6
Section 31-3-6 Hearing and Determination of Claims by Board of Adjustment
Status: in_force

The Board of Adjustment, when serving as the awarding authority under this chapter, shall hear and determine claims for compensation under this chapter in the same manner prescribed by law for the hearing and determination by such board of other claims against the state. If, when acting as the awarding authority, it determines that an applicant for compensation under this chapter is entitled thereto, it may adjudge and order that such compensation shall be paid out of the appropriations hereafter made to the Board of Adjustment for the purposes of this chapter, and, if the funds in such appropriation have been exhausted, then out of any fund or funds appropriated to the Board of Adjustment for the purposes of Article 4 of Chapter 9 of Title 41 of this Code.
Ala. Code § 31-2-93 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-93
Section 31-2-93 Courts-Martial for Members of National Guard - Convening and Powers of Punishment of General Courts-Martial
Status: reserved

Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
Ala. Code § 31-8-32 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-32
Section 31-8-32 Report on Operation of State Pension Law
Status: in_force

There shall be prepared and submitted, under the direction of the State Board of Human Resources and the State Department of Human Resources, quadrennially from November 1, 1974, a report showing as fully as the same can be shown, the result of the operations of this chapter, and containing the complete roll of pensioners under this chapter on the permanent pension record on October 1, last preceding the report required, the same to be printed, with as many copies thereof as the Governor may determine, and to be paid for in like manner as payment is made for other state reports.
Ala. Code § 31-5A-7 — Alabama Code / Title 31 / Chapter 5A / Section 31-5A-7
Section 31-5A-7 State Veterans Home Trust Fund
Status: in_force

(a) A trust fund in the State Treasury is created for the benefit of the State Department of Veterans Affairs, to be known as the Alabama Veterans Home Trust Fund.

(b) The trust fund shall consist of all funds received by the board or the department from the United States, any federal agency or institution, gifts, contributions, bequests, any individual reimbursements, and any other source, for the care or support of veterans, discharged other than under dishonorable conditions, who have been admitted and cared for at a state veterans home.

(c) Nothing contained in this section prohibits the establishment and utilization of special agency accounts by the department and its constituent institutions for receipt and disbursement of the personal funds of state veterans home residents and members or for receipt and disbursement of charitable contributions and donations for use by and for the benefit of residents and members.

(d) The trust fund created pursuant to this section shall be used by the department to pay for the care of veterans, discharged other than under dishonorable conditions, in a state veterans home and to pay the general operating expenses of a state veterans home, including the payment of salaries and wages of officials and employees. Funds in the trust fund may be used to remodel, repair, construct, build additions, modernize, or add improvements of domiciliary or hospital buildings necessary for the care of veterans, plus architectural plans, specifications, or other pertinent costs as approved by appropriate state agencies. All funds deposited, plus income earned on investment or reinvestment, shall be credited to the trust fund created pursuant to this section. Any money remaining in the fund at the end of each fiscal year shall remain on deposit in the State Treasury to the credit of the Alabama Veterans Home Trust Fund. No funds shall be withdrawn or expended for any purpose unless the funds 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 Act.
Ala. Code § 31-2-85.1 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-85.1
Section 31-2-85.1 Medical Expenses for Members of National Guard or Alabama State Defense Force
Status: in_force

The Military Department may pay medical expenses for members of the National Guard or Alabama State Defense Force who become ill during active military service or who have minor injuries as a direct result of active military service for the state not covered by the State Employees Injury Compensation Program.
Ala. Code § 31-2-45 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-45
Section 31-2-45 Designations of Units Engaged in Federal Service
Status: in_force

During the absence of any unit of the National Guard or Naval Militia of Alabama in the service of the United States, its state designation shall not be given to a new organization.
Ala. Code § 31-2-82 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-82
Section 31-2-82 Armed Forces Organizations Not to Leave State Without Permission
Status: in_force

No organization of the armed forces of the state shall go out of the state except by permission of the Governor.
Ala. Code § 31-9-60 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-60
Section 31-9-60 Fund Established; Disbursements
Status: in_force

(a) There is established a Local Emergency Management Agency Assistance Fund to provide supplemental funding for local emergency management organizations created and operating under Section 31-9-10, for the purposes and under the conditions set out in this article. The local emergency management organization supplement shall be funded by an annual allocation from the budget of the State of Alabama Emergency Management Agency sufficient to make annual disbursements up to seventeen thousand dollars ($17,000) for each local emergency management organization in the state certified as meeting the criteria and procedures for payment as set out in this article.

(b) All necessary and appropriate disbursements shall be made by the Comptroller as provided in this article.
Ala. Code § 31-13-12 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-12
Section 31-13-12 Verification by Law Enforcement Officers of Citizenship and Immigration Status of Persons Under Certain Circumstances
Status: in_force

(a) Upon any lawful stop, detention, or arrest made by a state, county, or municipal law enforcement officer of this state in the enforcement of any state law or ordinance of any political subdivision thereof, where reasonable suspicion exists that the individual is an illegal alien, a reasonable attempt shall be made, when practicable, to determine the citizenship and immigration status of the individual, except if the determination may hinder or obstruct an investigation. The determination shall be made by contacting the federal government pursuant to 8 U.S.C. § 1373(c) and relying upon any verification provided by the federal government.

(b) Any alien who is arrested and booked into custody shall be subject to Section 31-13-18.

(c) A law enforcement officer shall not attempt to independently make a final determination of whether an individual is an illegal alien. A law enforcement officer may not consider race, color, or national origin in implementing the requirements of this section except to the extent permitted by the United States Constitution or the Constitution of Alabama of 2022.

(d) An individual is presumed to not be an illegal alien if the individual provides to the law enforcement officer any of the following:

(1) A valid, unexpired Alabama driver license.

(2) A valid, unexpired Alabama nondriver identification card.

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

(4) Any valid United States federal or state government issued identification document bearing a photograph or other biometric identifier, if issued by an entity that requires proof of lawful presence in the United States before issuance.

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

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

(e) If an individual is determined by the federal government to be an illegal alien pursuant to 8 U.S.C. § 1373(c), the law enforcement agency shall cooperate in the transfer of the individual to the custody of the federal government if the federal government so requests.
Ala. Code § 31-8-23 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-23
Section 31-8-23 Payment of Pensions - When Proof of Identity of Payee Required
Status: in_force

The county department of human resources, in the event it does not know that the person applying for such warrant is the identical person named in such warrant and entitled thereto, must require satisfactory proof of these facts before the delivery of such warrant.
Ala. Code § 31-2A-11 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-11
Section 31-2A-11 (Article 11.) Place of Confinement; Reports and Receiving of Prisoners
Status: in_force

(a) If a person subject to this code is confined before, during, or after trial, confinement shall be in a civilian or military confinement facility.

(b) No person authorized to receive prisoners pursuant to subsection (a) may refuse to receive or keep any prisoner committed to the person’s charge by a commissioned officer of the state military forces, when the committing officer furnishes a statement, signed by such officer, of the offense charged against the prisoner, unless otherwise authorized by law.

(c) Every person authorized to receive prisoners pursuant to subsection (a) to whose charge a prisoner is committed, within 24 hours after that commitment or as soon as the person is relieved from guard, shall report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.
Ala. Code § 31-2B-14 — Alabama Code / Title 31 / Chapter 2B / Section 31-2B-14
Section 31-2B-14 Logistical Support for the Legal Services Office
Status: in_force

(a) The Alabama National Guard, commanders, and supervisory judge advocates shall provide logistical support for the Legal Services Office, including adequate personnel, facilities, supplies, and equipment necessary to carry out its mission and functions in the most professional, efficient, and effective manner possible.

(b) Minimum logistical support shall include all of the following:

(1) Sufficiently private workspace for attorneys and support staff which ensures freedom from unnecessary distractions and provides for client confidentiality and privacy, including a private consultation room.

(2) Locking file cabinets to ensure the privacy of records.

(3) Computer hardware and software to maintain client records; provided, only authorized personnel may have access.

(4) A sufficient number of attorneys and qualified administrative, paralegal, and clerical support personnel to accomplish workload.

(5) Computers for each assigned judge advocate, paralegal, and legal assistant; software, peripherals, networking, telecommunication equipment, including nonsecure Internet protocol router network access and, where required, secure Internet protocol router network access; and maintenance and supplies for computer hardware and software, including training for personnel.

(6) Appropriate and private client waiting areas in legal services and assistance offices.

(7) Standard legal office equipment as determined by technological advancements and by the State Staff Judge Advocate or the Office of General Counsel.

(8) Access to digital libraries, including general research material and legal services for specialized topics, including adequate funding and resources for essential access to computer automated legal research capabilities.

(9) Adequate funding for continuing legal education for all assigned and attached attorneys sufficient to satisfy requirements of each attorney’s primary jurisdiction of bar membership, including additional specialty or assignment training for attorneys and support staff.

(10) Cellular telephones and similar devices as determined by the State Staff Judge Advocate or Office of General Counsel to support legal mission requirements.

(11) Adequate transportation support.

(c) The management and delivery of legal services in the Alabama National Guard requires the use and support of court computer access to software applications, such as: Jagcnet, Adobe, Word Perfect, Alacourt, Alafile, and federal court litigation access.
Ala. Code § 31-9-22 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-22
Section 31-9-22 Penalties
Status: in_force

Any person violating any provision of this article or any rule, order, or regulation made pursuant to this article shall, upon conviction thereof, be fined not more than $500, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
Ala. Code § 31-2-92 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-92
Section 31-2-92 Courts-Martial for Members of National Guard - Kinds, Jurisdiction, Powers, Procedure, Etc.; Limitations on Institution of Courts-Martial
Status: reserved

Repealed by Act 2012-334, p. 790, §1, Art. 147, effective January 10, 2014.
Ala. Code § 31-2-132 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-132
Section 31-2-132 Regular Military Appropriations
Status: in_force

The Legislature of Alabama shall appropriate during each of its regular sessions, or during such other sessions as conditions may require, a sufficient sum of money, based upon estimates and recommendations of the Adjutant General and approved by the Governor, for the purpose of defraying the expenses of the Military Department in carrying out the provisions of this chapter, and such other expenses connected with the organization, maintenance, support, upkeep, administration, armament, training, and discipline of the National Guard of Alabama and such other expenses of a general or special nature, as may be to the interest and benefit of the National Guard, as the Governor may approve. Any appropriations made by law for payment of salaries or other expenses of any agency of the state which shall be merged or consolidated with or made a part or subdivision of the Military Department, shall be merged with and become a part of the appropriations for “other salaries” and “other expenses” of the Military Department. The Governor shall prescribe necessary rules and regulations governing the manner and method of disbursing moneys authorized by this section to be appropriated, and all expenses authorized to be contracted shall be certified to and verified by affidavit, with itemized vouchers and orders attached. Any portion of any item of any regular appropriation for the support of the Military Department and National Guard which is unexpended and unobligated after the expiration of the eleventh month of any fiscal year shall be available for use in taking care of any expenses of operating the Military Department and the Armory Commission of Alabama for which the regular appropriation shall be insufficient for that fiscal year.
Ala. Code § 31-2B-1 — Alabama Code / Title 31 / Chapter 2B / Section 31-2B-1
Section 31-2B-1 Purpose of Chapter
Status: in_force

This chapter establishes and defines the operational procedures of the Alabama National Guard Legal Services Office, including the office’s composition, mission, and functions; provides duties and explains policies, objectives, and procedures for the development and maintenance of the office; provides duties for the supervision, training, employment, and administration of personnel; and provides procedures for acquiring and maintaining office legal research resources.
Ala. Code § 31-2-107 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-107
Section 31-2-107 Courts of Inquiry
Status: in_force

Courts of inquiry, to consist of one or more officers, may be, or on the request of the officer involved, shall be, instituted by the Adjutant General for the purpose of investigating the conduct of any officer, any accusation or imputation against him, or any acts made the subject of military complaint. Such court of inquiry shall, without delay, report a statement of facts, and, when required, the evidence adduced and an opinion thereon to the Adjutant General, who may, in his discretion, thereupon order a court-martial or efficiency board for the trial of the officer whose conduct has been inquired into.
Ala. Code § 31-2B-9 — Alabama Code / Title 31 / Chapter 2B / Section 31-2B-9
Section 31-2B-9 Duties of Administrative and Civil Law Associate General Counsel. (Amended by Act 2026-289)
Status: in_force

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

The Administrative and Civil Law Associate General Counsel shall do all of the following:

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

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

(3) Provide and supervise all administrative and civil law training throughout the Alabama National Guard.

(4) Compile and publish the Alabama Manual for Administrative and Civil Law and any supporting rules and manuals with advice and consent of the State Staff Judge Advocates.
Ala. Code § 31-2C-2 — Alabama Code / Title 31 / Chapter 2C / Section 31-2C-2
Section 31-2C-2 Applicability of Chapter; Application of Federal Regulations
Status: in_force

(a) The Legal Assistance Program shall be modeled after Army Regulation 27-3, Air Force Instruction 51-304, and Air National Guard Instruction 51-504. When not in federal service these federal regulations shall be advisory and not controlling and any inconsistencies shall be resolved in favor of state law and rules. This chapter shall be applicable to all judge advocates at all times, even when in federal service. For any conflict between this chapter and federal law or rule during federal service, federal service regulations shall control.

(b) The Alabama National Guard shall incorporate all of the following: (i) Army Regulation 27-3; (ii) Air Force Instruction 51-304; and (iii) Air National Guard Instruction 51-504. Nothing in this chapter shall abrogate the duties, responsibilities, or liabilities of judge advocates or personnel under these regulations or any other federal law or regulation that may apply to judge advocates during federal service.
Ala. Code § 31-2A-40 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-40
Section 31-2A-40 (Article 40.) Continuances
Status: in_force

The military judge of a court-martial or the summary court-martial officer, for reasonable cause, may grant a continuance to any party for such time, and as often, as may appear to be just.
Ala. Code § 31-2A-57 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-57
Section 31-2A-57 (Article 57.) Effective Date of Sentences
Status: in_force

(a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.

(b) Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.

(c) All other sentences of courts-martial are effective on the date ordered executed.
Ala. Code § 31-13-36 — Alabama Code / Title 31 / Chapter 13 / Section 31-13-36
Section 31-13-36 Law Enforcement Agencies Required to Collect Fingerprints and Dna from Any Illegal Alien in Custody for Testing and Cataloging
Status: in_force

(a) Whenever a law enforcement agency in this state has an illegal alien in its custody, the agency may not release the illegal alien until the agency has collected a full set of fingerprints and a known DNA reference sample from the individual, if a sample has not previously been collected.

(b) Following the collection of fingerprints or DNA pursuant to this section, a law enforcement agency shall submit the fingerprints to the Alabama State Law Enforcement Agency for cataloging and shall submit the known DNA reference sample to the Alabama Department of Forensic Sciences for analysis and entry into the appropriate database.
Ala. Code § 31-9-2 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-2
Section 31-9-2 Findings and Declarations of Necessity; Purpose of Article and Public Policy
Status: in_force

(a) Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake, or other natural causes, and in order to insure that preparations of this state will be adequate to deal with such disasters or emergencies, and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary:

(1) To create a State Emergency Management Agency, and to authorize the creation of local organizations for emergency management in the political subdivisions of the state.

(2) To confer upon the Governor and upon the governing bodies of the political subdivisions of the state the emergency powers provided in this article.

(3) To provide for the rendering of mutual aid among the political subdivisions of the state, and with other states, and with the federal government with respect to the carrying out of emergency management functions.

(4) To authorize the establishment of such organizations and the taking of such steps as are necessary and appropriate to carry out the provisions of this article.

(b) It is further declared to be the purpose of this article and the policy of the state that all emergency management functions of this state be coordinated to the maximum extent with the comparable functions of the federal government including its various departments and agencies, of other states and localities and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation’s manpower, resources and facilities for dealing with such disaster or emergency.

(c) It is further declared to be the purpose of this article and policy of the State of Alabama to assist and encourage emergency management and emergency preparedness activities on the part of the political subdivisions of the state by authorizing the State of Alabama to make grants, as funds are appropriated for such specific purpose, to any political subdivision of the state in amounts not to exceed the amounts expended, or to be expended, for personnel and administrative costs by such political subdivisions for emergency management and emergency preparedness.
Ala. Code § 31-4-8 — Alabama Code / Title 31 / Chapter 4 / Section 31-4-8
Section 31-4-8 Acquisition, Construction, Etc., of Armories, Grounds, Etc
Status: in_force

The Armory Commission may, either alone or in cooperation with the United States or political subdivisions of the state, such as counties, cities, or incorporated towns, and private corporations, voluntary unincorporated associations or individuals, construct or acquire by purchase, contract, lease, gift, donation, or condemnation, armories, buildings, or grounds, suitable for drill instruction and administration and the safekeeping of public property and make additions and improvements in or to such armories and facilities, and, either alone or with the like cooperation of others, provide heat, light, water, telephone service, and other costs of operation and maintenance, including insurance. The amounts to be appropriated out of any armory funds for the construction or acquisition of armories, and for the maintenance or rental of armories, shall, within the limits set forth in this section, be wholly within the discretion of the Armory Commission.
Ala. Code § 31-5-11 — Alabama Code / Title 31 / Chapter 5 / Section 31-5-11
Section 31-5-11 Seal of the Commissioner; Oaths of Officers; Notaries Public
Status: in_force

(a) The commissioner shall have a seal of office and, along with each assistant commissioner, district manager, and veteran service officer, shall subscribe and execute an oath before entering into the duties of his or her office.

(b) The commissioner shall designate employees to become notaries public who may administer oaths to any individual swearing to the correctness of any statement made in connection with any application for compensation, hospitalization, insurance, pension, or any other service, aid, or benefit to which the individual, or any other individual on whose behalf any statement is made, may be or may become entitled under existing federal law or laws of this state.
Ala. Code § 31-2-84 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-84
Section 31-2-84 Right of Troops as to Use of Streets and Highways
Status: in_force

United States Armed Forces or any portion of the National Guard or Naval Militia of Alabama parading or performing any duty, according to law, shall have the preferable right in any street or highway through which they may pass; provided that the carrying of the United States mails, the regular functions of the police and the progress and operation of fire engines and fire departments shall not be interfered with.
Ala. Code § 31-9A-4 — Alabama Code / Title 31 / Chapter 9A / Section 31-9A-4
Section 31-9A-4 Department of Homeland Security
Status: in_force

(a) The Department of Homeland Security is created within the Executive Branch of the state government, and shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(b) The department is designated as the principal state agency to coordinate the receipt, distribution, and monitoring of all funds available from any source for the purpose of equipping, training, research, and education in regard to homeland security related items, issues, or services. The department is further designated and authorized to coordinate and establish standards for all operations and activities of the state related to homeland security efforts.

(c) The department shall not have any power or authority to interfere with any funds from any source specifically appropriated for the Alabama State Port Authority, the Birmingham Airport Authority, the Huntsville Airport Authority, the Mobile Airport Authority, and the Montgomery Airport Authority.
Ala. Code § 31-2A-134 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-134
Section 31-2A-134 (Article 134.) General Article
Status: in_force

Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces shall be taken cognizance of by a court-martial and punished at the discretion of a military court. However, where a crime constitutes an offense that violates both this code and the criminal laws of the state where the offense occurs or criminal laws of the United States, jurisdiction of the military court must be determined in accordance with Section 31-2A-2(b) (Article 2(b)).
Ala. Code § 31-2-15 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-15
Section 31-2-15 Depositories and Arsenals for Military Property; Disposition of Unexpended Regular Military Appropriations
Status: in_force

The Governor shall, when necessary, designate a depository or depositories for the undistributed military property of the state, or in the custody of the state, which shall be maintained at the expense of the state. Any portion of any regular appropriation for the support of the Military Department and militia which is unexpended and unobligated after the expiration of the eleventh month of any fiscal year shall be available for use in building, rebuilding, repairing, enlarging, equipping, and maintaining a centrally located depository, arsenal, military warehouse, shop, and garage for the purposes named above and for the upkeep and repair of such property, and shall also be available for the payment of expenses and obligations of the Armory Commission of Alabama in carrying out its duties, or for providing necessary office furniture, equipment, or supplies for the headquarters and units of the Alabama National Guard, in accordance with priorities established by the Adjutant General.
Ala. Code § 31-2C-6 — Alabama Code / Title 31 / Chapter 2C / Section 31-2C-6
Section 31-2C-6 Authorized Providers of Legal Assistance
Status: in_force

Unless inconsistent with superior orders or other duties or responsibilities, all of the following are authorized to provide legal assistance:

(1) Judge advocates and personnel supporting the Legal Services Office under the authority of the Adjutant General and State Staff Judge Advocates.

(2) Judge advocates and personnel supporting the Army and Air National Guard under Army Regulation 27-3, Air Force Instruction 51-304, and Air National Guard Instruction 51-504. (3) State and Department of Defense civilian attorneys and judge advocates as approved by the State Staff Judge Advocates. (4) Staff judge advocates and Office of General Counsel interns or externs under the supervision of the State Staff Judge Advocate or Office of General Counsel.

(3) State and Department of Defense civilian attorneys and judge advocates as approved by the State Staff Judge Advocates.

(4) Staff judge advocates and Office of General Counsel interns or externs under the supervision of the State Staff Judge Advocate or Office of General Counsel.
Ala. Code § 31-4-9 — Alabama Code / Title 31 / Chapter 4 / Section 31-4-9
Section 31-4-9 Cooperation of Counties and Municipalities for Acquisition of Buildings, Etc., Suitable for Use as Public Buildings and Armories
Status: in_force

The governing body of any county and the governing body of any city or incorporated town wherein a unit or units of the Alabama National Guard or Alabama Naval Militia have been, or may hereafter be established, may, either severally or acting jointly with each other or with the Armory Commission, construct, or acquire by purchase, contract, lease, gift, donation, or condemnation, grounds or buildings which shall be suitable for public assemblages, conventions, exhibitions, and entertainments; provided, that such buildings, or the plans and specifications therefor, are first approved by the Armory Commission as suitable for use as armories by the Alabama National Guard or Alabama Naval Militia unit or units upon terms not inconsistent with this chapter.
Ala. Code § 31-2A-98 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-98
Section 31-2A-98 (Article 98.) Noncompliance with Procedural Rules
Status: in_force

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

(1) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code.

(2) Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused.
Ala. Code § 31-8-8 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-8
Section 31-8-8 Certificates to Accompany Application
Status: in_force

No applicant will have her name placed upon the pension rolls of this state unless at least one witness who was a Confederate soldier and can establish his record as such certifies to the fact that the husband of the applicant rendered the service as set forth in the application. In addition thereto there shall be required with an application for a pension under this chapter the certificate of two disinterested witnesses that the applicant is trustworthy and reliable and that they have full reason to believe and do believe that the statements made in the application are true and correct. If the Confederate archives in the City of Washington or the Department of Archives and History in Montgomery show the service of the husband of the applicant for a pension, the affidavit of the person who served in the service of the Confederate states, or the State of Alabama, as above set out, need not be required.
Ala. Code § 31-2A-79 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-79
Section 31-2A-79 (Article 79.) Conviction of Lesser Included Offense
Status: in_force

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
Ala. Code § 31-5B-9 — Alabama Code / Title 31 / Chapter 5B / Section 31-5B-9
Section 31-5B-9 Application for Dissolution
Status: in_force

(a) The board, at any time and by a three-quarters vote, may dissolve the Alabama Veterans Resource Center by having three-quarters of the members of the board file with the Secretary of State an application for dissolution, which shall be sworn to by each signatory thereto by an officer authorized to take acknowledgments to deeds.

(b) Upon the filing of the application for dissolution, the center shall cease to exist. The Secretary of State shall file and record the application for dissolution, shall make and issue, under the Great Seal of the State, a certificate that the center is dissolved, and shall record the certificate with the application for dissolution. Title to all property held in the name of the center shall be vested in the state upon dissolution of the center, and the ex officio board members, by written consent, shall direct how to dispose of any monies in the Alabama Veterans Resource Center Fund.
Ala. Code § 31-2A-144 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-144
Section 31-2A-144 (Article 144.) Immunity for Action of Military Courts
Status: in_force

All persons acting within their official capacity under the provisions of this code shall be immune from any civil liability to the same extent as judicial officers within the State of Alabama Unified Judicial System.
Ala. Code § 31-8-19 — Alabama Code / Title 31 / Chapter 8 / Section 31-8-19
Section 31-8-19 Amount of Pension; Appropriation
Status: in_force

There shall be paid monthly to each and every widow of a Confederate soldier and sailor, who is now on the pension roll of this state or who may hereafter be placed on the pension roll of this state, the sum of not less than $150 for each month. There is hereby continuously appropriated out of the Treasury a sum which, in conjunction with the moneys derived from the one-mill pension fund, shall be sufficient to carry out the provisions of this chapter and all other provisions of law relating to pensions for the widows of Confederate soldiers and sailors.
Ala. Code § 31-2A-123 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-123
Section 31-2A-123 (Article 123.) Forgery
Status: in_force

Any person subject to this code who, with intent to defraud does either of the following is guilty of forgery and shall be punished as a court-martial may direct:

(1) Falsely makes or alters any signature, to, or any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his or her legal right or liability to his or her prejudice.

(2) Utters, offers, issues, or transfers such a writing, known by him or her to be so made or altered.
Ala. Code § 31-6-4 — Alabama Code / Title 31 / Chapter 6 / Section 31-6-4
Section 31-6-4 Educational Benefits for Children of Deceased or Disabled Veterans or Prisoners of War
Status: in_force

(a)(1) Any child whose father or mother meets any of the following criteria may attend any qualifying school for a period of five standard academic years, not to exceed 45 months or the equivalent of 45 months if enrolled part-time, pursuant to the tuition reimbursement guidelines as provided in subsection (c):

a. Was killed or died in line of duty or is listed as missing in action or is or was a prisoner of war or whose death or permanent total disabilities were service-connected while serving as a member of the armed forces;

b. Died from a disability incurred from military service, as established by the State Department of Veterans’ Affairs, after having been discharged under conditions other than dishonorable and after having served at least 90 days consecutively in the armed forces prior to and/or subsequent to the date on which the disability occurred, or who was honorably discharged by reason of a qualifying service-connected disability after serving less than 90 days;

c. Was killed or died while on state active duty status as defined in Section 31-12-1, or whose death results proximately and within three years from an injury received while on state active duty status; or

d. Has been assigned 100 percent permanent or total disability rated by the United States Veterans’ Administration, or was discharged or retired from the armed forces with a 40 percent or more disability and maintained that percentage.

(2) Training under this section must be initiated prior to the child’s thirtieth birthday, and must be completed within eight years after its initiation, except for delays caused by military service during the training period, and in no case may training be received under this chapter beyond the thirty-eighth birthday of the child.

(b) The educational benefits provided by this section to children making application for benefits for the first time beginning with the fall term of the 2014-2015 academic year, and thereafter, shall be limited to undergraduate courses of study only, and the value of tuition paid shall be limited to the in-state tuition rate of the qualifying school attended.

(c) For those first filing for benefits under this chapter on or after July 31, 2017, and for those attending a qualifying private school, the educational benefit shall be for tuition reimbursement and books and fees reimbursement. The value of tuition paid per semester hour (or equivalent) shall be limited to four hundred dollars ($400). The value of the books and fees paid per semester shall be limited to one thousand dollars ($1,000) per student.

(d) For the purpose of the minimum disability requirement provided for in subdivision (a)(4), the dependent of any veteran whose disability rating as of July 31, 2017, is at least 20 percent but less than 40 percent shall qualify for the benefits of this chapter, provided that the dependent shall file application for the benefits before July 31, 2023, and the dependent is reasonably expected to be eligible to attend a qualifying school in the next academic year.
Ala. Code § 31-2-12 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-12
Section 31-2-12 Exemption from Motor Vehicle License Tax, Etc.; Distinctive National Guard License Plates
Status: in_force

(a) There shall be exempt from the operation of the privilege or license tax and registration fee now or hereafter to be levied on automobiles and motor vehicles by the State of Alabama, one passenger vehicle owned by any active member of the Alabama National Guard or the Alabama State Guard when organized in lieu of the National Guard. Each active member of the National Guard shall be entitled to an exemption for only one vehicle. The exemption shall be claimed upon presentation of proper identification on forms prescribed by the Adjutant General. Active members of the National Guard may obtain additional license plates for other passenger vehicles which they own by paying the regular privilege or license tax provided by law.

(b) There shall be exempt from the operation of the privilege or license tax and registration fee now or hereafter to be levied on automobiles and motor vehicles by the State of Alabama, one passenger vehicle owned by any retired member of the Alabama National Guard with 20 years or more service. Each retired member with 20 years or more service shall be entitled to an exemption for only one vehicle, which shall be claimed upon presentation and proper identification on forms prescribed by the Adjutant General. Retired members of the Alabama National Guard may obtain additional license plates for passenger vehicles which they own upon presentation and proper identification on forms prescribed by the Adjutant General and by paying the regular privilege license tax as provided by law.
Ala. Code § 31-2-26 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-26
Section 31-2-26 Officers of Disbanded Organizations to Return Arms, Equipment, Etc., to Custody of Adjutant General
Status: in_force

Upon the disbandment of any organization which has received arms, equipment or stores from the state in accordance with the provisions of this chapter, the commissioned officers of such organizations shall be responsible for the safe return to the custody of the Adjutant General of all public property in possession of the organization, and for any loss or damage thereto, compensation shall be obtained from the officer responsible for such property in the manner provided in Section 31-2-25.
Ala. Code § 31-2A-49 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-49
Section 31-2A-49 (Article 49.) Depositions
Status: in_force

(a) At any time after charges have been signed as provided in Section 31-2A-30 (Article 30), any party may take oral or written depositions unless the military judge or summary court-martial officer hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause.

(b) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.

(c) Depositions may be taken before and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.

(d) A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence or, in the case of audiotape, videotape, digital image or file, or similar material, may be played in evidence before any military court, if any one of the following occurs:

(1) The witness resides or is beyond the state in which the court is ordered to sit, or beyond 100 miles from the place of trial or hearing.

(2) The witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing.

(3) The present location of the witness is unknown.
Ala. Code § 31-9A-9 — Alabama Code / Title 31 / Chapter 9A / Section 31-9A-9
Section 31-9A-9 Additional Powers of Director That May Be Exercised Under the Direction and Control of the Governor During a Declaration of Emergency as Authorized in Section 31-9-8
Status: in_force

(a) When the Governor declares a state of emergency as authorized in Section 31-9-8, if the emergency is related to homeland security, the director shall have and may exercise the following additional powers, under the direction and control of the Governor:

(1) Enforce all laws, rules, and regulations relating to homeland security and direct state resource allocations when required; provided, this chapter shall not vest authority to enforce the criminal laws of this state in the Director of Homeland Security, or the deputies or personnel of the department.

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

(3) Perform and exercise such other functions, powers, and duties as are necessary to promote and secure the safety and protection of the civilian population and achieve the purposes of this chapter.

(4) Assist the Department of Agriculture and Industries and the Department of Public Health to employ such measures as the quarantine of persons, animals, plants, fruits, or food products, as may be reasonably necessary for the purpose of securing compliance with this chapter.

(5) In coordination with the Department of Transportation and Alabama State Law Enforcement Agency, with due consideration to the recommendations of local authorities, formulate and execute plans and regulations for the control of traffic in order to provide for the rapid and safe movement over public highways and streets of people, troops, or vehicles, and materials for national defense or for use in any defense industry, and coordinate the activities of the departments or agencies of the state and of the political subdivisions of the state concerned directly or indirectly with public highways and streets, in a manner that will best effectuate such plans.

(b) During the pendency of the emergency and the subsequent recovery period, state employees called upon to respond to the emergency, upon the approval of the director, may claim state per diem, subsection (a) of Section 36-7-20, notwithstanding.
Ala. Code § 31-2-19 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-19
Section 31-2-19 Wearing Foreign Uniforms - Penalties
Status: in_force

Any person who knowingly violates any of the provisions of Section 31-2-18 shall, upon conviction, be subject to a fine of not more than $1,000.00, or imprisonment for a period of not more than one year, or to both such fine and imprisonment.
Ala. Code § 31-2B-3 — Alabama Code / Title 31 / Chapter 2B / Section 31-2B-3
Section 31-2B-3 Adoption of Army and Air Force Provisions; Construction of Chapter
Status: in_force

(a) The Alabama National Guard and State Military Department shall adopt Army Regulation 27-1 and Air Force Instruction 51-304 as controlling when judge advocates are in federal service and when not in federal service in an advisory capacity. (b) This chapter is supplemental and shall not be construed to abrogate any duties, responsibilities, or liabilities of judge advocates or legal services personnel.

(b) This chapter is supplemental and shall not be construed to abrogate any duties, responsibilities, or liabilities of judge advocates or legal services personnel.
Ala. Code § 31-1-1 — Alabama Code / Title 31 / Chapter 1 / Section 31-1-1
Section 31-1-1 Record of Releases from Active Duty from Military Service
Status: reserved

(a) The county commission of each county shall cause to be prepared and furnished to each judge of probate a well-bound book of record, the back or side of which shall bear the following words, “Record of Releases from Active Duty from the United States Army, Air Force, Coast Guard, Navy, or Marine Corps.” The pages of the book of record shall correspond with the printed matter appearing on a release from active duty from the military service of the United States of America, with sufficient blank spaces reserved thereon for the copying therein of the data and information appearing on a release from active duty, which may be presented to the judge of probate for record, as provided in this section.

(b) Any person who holds a release from active duty, or DD Form 214, from the United States Army, Air Force, Coast Guard, Navy, or Marine Corps may present the DD Form 214 to the judge of probate of the county wherein he or she resides, and the judge of probate shall cause the same to be recorded in the book described in subsection (a). There shall be no fee charged for this service.

(c) (1) When a release from active duty is recorded as provided in this section, the record of certified copies of a DD Form 214 appearing in the book of record shall be confidential. It shall be unlawful for any person to permit inspection of any such record, to disclose information contained in any such record, or to issue a copy of all or any part of such record except as authorized herein or by order of a court of competent jurisdiction. Upon presentation of proper identification, any of the following persons may examine the record or obtain free of charge a copy or certified copy of all or part of the record:

a. The person who is the subject of the record.

b. The spouse or next of kin of the person who is the subject of the record.

c. A person named in an appropriate power of attorney executed by the person who is the subject of the record.

d. The administrator, executor, guardian, or legal representative of the person who is the subject of the record.

e. An attorney for any person specified in paragraphs a. to d., inclusive.

f. A county veteran service officer or an assistant county veteran service officer.

(2) Records kept pursuant to this subsection shall not be reproduced or used in whole or in part for any commercial or speculative purpose. Any individual, agency, or court which obtains information shall not disseminate or disclose such information or any part thereof except as authorized herein or otherwise by law. A violation of this subsection shall constitute a misdemeanor and shall be punished by a fine not to exceed five thousand dollars ($5,000). The clerk of the court shall not be liable and shall be held harmless for any act of any person who copies, reproduces, or uses records in violation of this subsection.
Ala. Code § 31-2A-96 — Alabama Code / Title 31 / Chapter 2A / Section 31-2A-96
Section 31-2A-96 (Article 96.) Releasing Prisoner Without Proper Authority
Status: in_force

Any person subject to this code who, without proper authority, releases any prisoner committed to his or her charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
Ala. Code § 31-6-2.1 — Alabama Code / Title 31 / Chapter 6 / Section 31-6-2.1
Section 31-6-2.1 Educational Benefits for Children of Disabled and Deceased Veterans, Etc
Status: in_force

For the purposes of this chapter, in addition to any other benefits granted under this chapter, any child of a disabled or deceased veteran or otherwise eligible for educational benefits under this chapter who is admitted to attend and attends a comprehensive transition and postsecondary program for students with intellectual disabilities at a state four-year institution of higher education shall be eligible to receive benefits equal to the benefits provided pursuant to this chapter to any other child eligible for educational benefits in an undergraduate course of study at a state four-year institution of higher education under this chapter without regard as to whether the program is a degree, certificate, or non-degree program.
Ala. Code § 31-2-102 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-102
Section 31-2-102 Courts-Martial for Members of National Guard - Payment of Expenses
Status: in_force

All expenses incurred in court-martial proceedings, including the payment of a reporter, sheriff’s fees for service of complaints, warrants, summons, and subpoenas, witness fees, and the payment of officers and the judge advocate of the court, shall be paid out of the regular military appropriations by warrant on the Comptroller, with the approval of the Governor. Sheriffs’ fees and witness fees in court-martial proceedings shall be allowed in the same amounts as are allowed in criminal cases in the civilian courts of this state.
Ala. Code § 31-10-3 — Alabama Code / Title 31 / Chapter 10 / Section 31-10-3
Section 31-10-3 Tuition Reimbursement Authorized for Eligible Members of National Guard. (Amended by Act 2026-521)
Status: in_force

AMENDED BY ACT 2026-521, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Subject to the annual appropriation to the Alabama National Guard Educational Assistance Program in the annual Education Trust Fund Appropriation Act, provided the annual appropriations shall not exceed ten million dollars ($10,000,000), the Alabama Commission on Higher Education may pay or reimburse the qualifying tuition for any active member of the Alabama National Guard who is one of the following:

(1) A student dually or concurrently enrolled in high school and an institution of higher education.

(2) A postsecondary student who is enrolled in an institution of higher education.

(3) A postsecondary student who is dually or concurrently enrolled in more than one institution of higher education and is enrolled in a program leading to a qualifying academic pathway, including a short certificate or long certificate, or associate, baccalaureate, masters, or doctorate degree in an accredited institution of higher learning, including a community or technical college within this state.

(b) The payments or reimbursements shall be made timely at the end of each academic quarter or semester for all tuition reimbursements, and shall be made on the basis of certified invoices submitted by the institution to the Alabama Commission on Higher Education, and shall be supported by names of the students receiving the benefits, together with the amounts claimed for each student. The tuition reimbursement authorized under this article may be used for undergraduate or graduate studies. In no event shall payments of the tuition reimbursement under the Alabama National Guard Educational Assistance Program amount to more than 100 percent of qualified tuition and fees. An undergraduate student that qualifies for the Academic Excellence Benefit shall receive an amount equivalent to 100 percent of qualified tuition and fees. Undergraduate students with this benefit may use these funds for tuition and fee reimbursement or ancillary costs. No guard member shall be eligible for tuition reimbursement or academic excellence benefits for more than 12 years after the date of the first tuition payment to him or her under this article. In the event that requests for tuition reimbursements provided for in this article from the institutions for educational benefits in any fiscal year exceed the appropriated amount, then the reimbursements shall be prorated equally among the institutions on a percentage basis of the total invoices received by the Alabama Commission on Higher Education and paid accordingly. The reimbursement shall be made promptly at the end of each academic quarter or semester for all certified invoices.
Ala. Code § 31-2-91 — Alabama Code / Title 31 / Chapter 2 / Section 31-2-91
Section 31-2-91 Security for Costs in Certain Actions Against National Guard Members to Be Given by Plaintiff
Status: in_force

Any person bringing a civil or criminal action against a member of the National Guard of this state for any act done while in discharge of his military duty shall give security for the costs and reasonable attorney’s fees incurred by the state or defendant in defending the same, in the same manner and subject to the same regulations applicable in the case of a nonresident plaintiff, and, if the plaintiff fails to recover, such attorney’s fees may be taxed with the costs and judgment therefor entered against him and his sureties on the bond.
Ala. Code § 31-5B-10 — Alabama Code / Title 31 / Chapter 5B / Section 31-5B-10
Section 31-5B-10 Construction of Chapter
Status: in_force

This chapter shall be liberally construed to effectuate its purposes.
Ala. Code § 31-4-13 — Alabama Code / Title 31 / Chapter 4 / Section 31-4-13
Section 31-4-13 Approval, Inspection and Supervision of Armory Construction by State Building Commission
Status: in_force

Whenever any new armory construction is to be made by the Armory Commission of Alabama out of any state moneys without federal aid, the Armory Commission of Alabama shall submit the plans and specifications for such new construction to the technical and engineering staff of the Building Commission of 1945 for technical and engineering approval, and all bids asked for and contracts let shall be under the supervision of the technical and engineering staff in consultation with the Armory Commission, and the technical and engineering staff of the Building Commission of 1945 shall inspect, supervise, and approve the construction of such armories. Whenever any new armories are to be built by the Armory Commission of Alabama involving the expenditure of state funds and the expenditure of federal funds, on the basis of matching of state and federal funds, the plans and specifications for such new armory construction shall be subject to the technical and engineering approval of the technical and engineering staff of the Building Commission of 1945 on behalf of the state and such agencies of the federal government as may be designated by the proper federal authority, and the technical and engineering staff of the Building Commission of 1945 shall inspect, supervise, and approve the construction of such buildings on behalf of the state. Except as otherwise provided in this section, the Armory Commission of Alabama shall retain and exercise exclusively all of the rights, powers, authority, functions, and duties imposed and entrusted to it by this chapter.
Ala. Code § 31-9-13 — Alabama Code / Title 31 / Chapter 9 / Section 31-9-13
Section 31-9-13 Orders, Rules and Regulations of Governor - Effect; Distribution
Status: in_force

All orders, rules, and regulations promulgated by the Governor as authorized by this article shall have the full force and effect of law when a copy thereof is filed in the office of the Secretary of State. All existing laws, ordinances, rules, and regulations or parts thereof inconsistent with the provisions of this article or of any order, rule, or regulation issued under the authority of this article, shall be suspended during the period of time and to the extent that such inconsistency exists. The Secretary of State shall cause to be printed and distributed to the probate judges of the several counties and to the clerks of the several municipalities of this state a copy of each order, rule, or regulation issued under the authority of this article.