reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 9 - Timber Theft Equipment Condemnation. › Section 9-13-222 - Report of Seizure to District Attorney.

Section 9-13-222
Report of seizure to district attorney.
Within five days after the arrest of any person for violating Section 9-13-60 or any felony laws of the State of Alabama outlined in this article, the person receiving possession of any vehicle and equipment, seized as aforesaid, shall report the seizure and detention of the vehicle and equipment to the district attorney or other prosecuting official, giving a full description of such vehicle and equipment, any identification number, make and model thereof, the name of the person in whose possession it was found when seized, the person, if any, making claim to same or any interest therein if the name can be ascertained or is known, and the date and place of the seizure and a statement of the circumstances surrounding the seizing of the property.
(Acts 1987, No. 87-711, §3; Act 2010-541, p. 941, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 9 - Timber Theft Equipment Condemnation. › Section 9-13-223 - Report to District Attorney After Conviction of Person for Theft of Timber or Lumber.

Section 9-13-223
Report to district attorney after conviction of person for theft of timber or lumber.
Within five days after the final conviction of any person for violating Section 9-13-60 or any felony laws of the State of Alabama involving timber or forest products or transactions pertaining thereto, the person receiving possession of any vehicle and equipment, seized as aforesaid, shall report the seizure and detention of the vehicle and equipment to the district attorney or other prosecuting official, giving a full description of such vehicle and equipment, any identification number, make and model thereof, the name of the person in whose possession it was found when seized, the person, if any, making claim to same or any interest therein if the name can be ascertained or is known, and the date and place of such seizure and a statement of the circumstances surrounding the seizing of the property.
(Acts 1987, No. 87-711, §4; Act 2010-541, p. 941, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 9 - Timber Theft Equipment Condemnation. › Section 9-13-224 - Notice to Creditors; Institution of Condemnation Proceedings; Legal Title to Equipment.

Section 9-13-224
Notice to creditors; institution of condemnation proceedings; legal title to equipment.
At least 60 days prior to the institution of condemnation proceedings as herein provided, notice shall be given by the court to any creditor who is known to have a secured interest, a judgment, lien or other interest in any vehicle or equipment seized pursuant to this article. Such creditors may claim their property during said 60-day period. Thereafter, the district attorney or other prosecuting officer of the judicial circuit upon receiving such report shall at once institute, or cause to be instituted, condemnation proceedings in the circuit court, in the same manner that he is directed by law to institute proceedings for the condemnation and forfeiture of automobiles and other vehicles used in the illegal transportation of alcoholic beverages. The legal title to any vehicle and other equipment seized under this article shall be presumed to be vested with the person, firm, or corporation that last purchased a vehicle tag for said vehicle or equipment.
(Acts 1987, No. 87-711, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 9 - Timber Theft Equipment Condemnation. › Section 9-13-225 - Forfeiture of Equipment Upon Judgment; Costs of Proceedings; State Forester to Keep Records.

Section 9-13-225
Forfeiture of equipment upon judgment; costs of proceedings; State Forester to keep records.
When any judgment of condemnation or forfeiture is made in any case filed under the provisions of this section, the judge making such judgment shall order and direct that said vehicle and equipment be forfeited or awarded to the State Forester to be sold or used by him in the enforcement of the law.
And said order, in the event that no appeal is taken within 15 days from the rendition thereof, shall be carried out and executed. The court, at its discretion, shall direct in said judgment that the cost of the proceedings be paid by the person(s) in whose possession said vehicle and equipment were found when seized, or by any party or parties that claim to own said vehicle and equipment, or any interest therein, and who contested the condemnation and forfeiture thereof. The State Forester shall keep a permanent record of all such vehicles and equipment awarded to him as provided for herein, to be accounted for as other public property.
(Acts 1987, No. 87-711, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 9 - Timber Theft Equipment Condemnation. › Section 9-13-226 - Use of Proceeds From Sale of Equipment; Award and Distribution Determined by State Forester.

Section 9-13-226
Use of proceeds from sale of equipment; award and distribution determined by State Forester.
In the event the seized items are sold, the proceeds from the sale shall be used, first, for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance or of custody, advertising and court costs; and the remaining proceeds from such sale shall be in the property of the Alabama Forestry Commission or other entities whose law enforcement agencies or departments are determined by the Alabama Forestry Commission to have been participants in the investigation resulting in the seizure. Such award and distribution shall be made on the basis of the percentage(s) as determined by the State Forester which the respective agencies or departments contributed to the police work resulting in the seizure.
(Acts 1987, No. 87-711, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 9 - Timber Theft Equipment Condemnation. › Section 9-13-227 - Provisions Cumulative.

Section 9-13-227
Provisions cumulative.
The provisions of this article are cumulative and should not be construed to repeal or supersede any laws not directly inconsistent herewith; provided, however, those laws or parts of law which are in direct conflict are specifically repealed only to the extent that there is such conflict.
(Acts 1987, No. 87-711, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-240 - Findings and Purpose.

Section 9-13-240
Findings and purpose.
The Legislature has found that ginseng Panax quinquefolius L., is listed as endangered by the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and as such, must be protected from extinction. The purpose of this article is to provide a mechanism for collection and exportation of ginseng while at the same time preventing the depletion of wild ginseng populations throughout the state.
(Acts 1987, No. 87-582, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-241 - Definitions.

Section 9-13-241
Definitions.
As used in this article, the following words shall have the meaning stated below, unless the context clearly requires otherwise:
(1) BOARD. The State Board of Agriculture and Industries.
(2) COMMISSIONER. The Commissioner of Agriculture and Industries or his designated representative.
(3) CULTIVATED GINSENG. Ginseng that has been planted and cultivated by standard horticultural practices.
(4) DEPARTMENT. The Department of Agriculture and Industries.
(5) EXPORT. To transport, deliver or cause to be transported or delivered to any person or place for the purpose of transportation from any place in this state to any place outside this state.
(6) GINSENG. The plant Panax quinquefolius L., including cuttings, roots, fruits, seed, propagules or any other portion thereof.
(7) GINSENG COLLECTOR. Any person who intentionally removes wild ginseng from the location in which the plant grew for the purpose of sale, resale or export.
(8) GINSENG DEALER. Any person who collects or purchases ginseng for the purpose of reselling, selling, manufacturing or exporting same.
(9) COLLECT. To dig, cut or otherwise remove any ginseng from the location where it grew for the specific purpose of export.
(10) GINSENG GROWER. Any person who grows cultivated ginseng as a commercial crop.
(11) PERSON. Any individual, corporation, company, society, association or other business entity.
(12) PURCHASE. To acquire, obtain or receive or to attempt to acquire, obtain or receive by exchange of money or other valuable consideration and specifically includes barter or exchange.
(13) SELL. Dispose of, transfer or convey or attempt to dispose of, transfer or convey by exchange of money or other valuable consideration and specifically includes barter or exchange.
(14) WILD GINSENG. Ginseng in, or collected from its native habitat, notwithstanding whether the ginseng occurs naturally from that habitat or was introduced or increased in abundance by the actions of humans, including, but not limited to, sowing ginseng seed or by transplanting ginseng plants from other areas.
(15) GREEN GINSENG. Ginseng roots retaining moisture, not dried.
(16) DRIED GINSENG. Ginseng roots that have been dried to remove moisture.
(Acts 1987, No. 87-582, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-242 - Collection of Ginseng.

Section 9-13-242
Collection of ginseng.
(a) The season for the legal collection of ginseng shall be from September 1 through December 13 inclusive. Collection of ginseng outside of this period is unlawful, unless the plants are collected from land owned or managed by the ginseng collector for the personal use of such collector and/or members of the collector's immediate family.
(b) It shall be unlawful to collect ginseng that has less than three five-leaf prongs.
(c) It shall be unlawful to collect ginseng with immature green, unripe fruit (seeds).
(d) It shall be unlawful for any person collecting ginseng to fail to plant immediately after collection the ripe berries or seeds of collected ginseng in the same location at which such ginseng was collected, provided such berries are present.
(e) It shall be unlawful for any person to collect ginseng from private or public property without first obtaining written permission from the landowner or his agent, except on property where general public permission is granted to trespass and to collect such items.
(f) All ginseng not exported from state must be weighed and receipted by March 31 following harvest. Future export certification against this receipt shall be completed by the department.
(g) Ginseng selling season shall be September 15 through March 31, or year round if root was state weighed and receipted by March 31 after harvest.
(h) Ginseng dealers shall not purchase ginseng during the closed season unless they have evidence that the collector dug the roots between September 1 and December 31 of the collecting season and had the roots weighed and receipted by the state no later than March 31 following harvest.
(i) Should the commissioner determine through site observation and investigation that wild ginseng populations are being depleted, he may elect to establish collection quotas or temporarily suspend ginseng collection until such time that the wild ginseng population is restored.
(Acts 1987, No. 87-582, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-243 - Registration of Ginseng Dealers, Growers and Collectors.

Section 9-13-243
Registration of ginseng dealers, growers and collectors.
Ginseng dealers, collectors and growers shall register annually with the department on forms provided by the department on or before August 1 of each year. Such registration shall be accompanied by a fee in an amount determined by the board but in no event shall the board prescribe fees in excess of $200.00. Delinquent fees shall be handled as provided under Section 2-9-2.
(Acts 1987, No. 87-582, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-244 - Record Keeping Requirements.

Section 9-13-244
Record keeping requirements.
(a) Ginseng dealers shall keep records on forms provided by the department of all ginseng purchases and sales. These records will include date of transaction, month collected, county where collected, weight of ginseng bought or sold, seller's permit number and signature of the seller. The report shall also show whether the root was wild or cultivated and if green or dry. These records shall be kept for a period of three years and shall be made available to the department upon request. A clear and legible copy of such records shall be submitted to the commissioner at such times as he deems necessary.
(b) Ginseng growers shall keep accurate records on forms provided by the department of sales of ginseng. Such records shall include date of transaction, county where grown, weight of ginseng sold, purchaser's permit number and name of purchaser. These records shall be kept for a period of three years and shall be made available to the department upon request. A clear and legible copy of such records shall be submitted to the commissioner at such times as he deems necessary.
(c) Ginseng collectors shall, upon request by the commissioner, provide any and all information concerning the precise site from which he has collected ginseng.
(d) Any and all records required to be kept by any ginseng dealer, grower or collector shall be open for inspection by the commissioner at any time during normal business hours.
(Acts 1987, No. 87-582, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-245 - Exportation of Ginseng From Alabama.

Section 9-13-245
Exportation of ginseng from Alabama.
(a) Any person who has ginseng in any quantity and wishes to export any amount out of the state may obtain an export permit from the commissioner. To obtain an export permit, the person must maintain accurately kept records of his purchases and sales, be currently registered with the department as a ginseng dealer, and be in compliance with all requirements of this article and regulations promulgated hereto. He shall also present for the purpose of weighing and examination the ginseng to be exposed to the department if requested.
(b) The exportation of ginseng without an export permit is a violation of this article.
(Acts 1987, No. 87-582, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-246 - Promulgation of Rules and Regulations.

Section 9-13-246
Promulgation of rules and regulations.
The commissioner is empowered with the approval of the board to promulgate such rules and regulations as are reasonable and necessary to accomplish the evident purpose and intent of the law and also for the purpose of complying with guidelines imposed by the United States Department of Interior, Fish and Wildlife Service, concerning the certification and export of ginseng.
(Acts 1987, No. 87-582, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-247 - Monitoring Program Conducted.

Section 9-13-247
Monitoring program conducted.
The commissioner shall conduct or cause to be conducted a monitoring program of sufficient depth and scope so as to insure that wild ginseng populations are not depleted.
(Acts 1987, No. 87-582, §8.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-248 - Right of Entry.

Section 9-13-248
Right of entry.
The commissioner shall have power to enter into or upon any place and to open any bundle, package or other container containing or thought to contain ginseng held or maintained in violation of this article or regulations promulgated thereto.
(Acts 1987, No. 87-582, §9.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-249 - Refusal or Recall of Permits, Etc.

Section 9-13-249
Refusal or recall of permits, etc.
(a) The commissioner shall have the power to refuse to issue a permit or certificate or to recall any permit or certificate already issued when he shall have reasonable cause to believe that the applicant for or holder of said permit or certificate may have or has violated this article or regulations promulgated hereto.
(b) Appeals from the action of the commissioner in refusal to issue or recall any certification or permit shall be heard by the board. Notice of an appeal to the board must be received by the commissioner in writing within 10 days of receiving notice of the commissioner's action. The board shall hear the appeal at its next scheduled meeting, but in no circumstances more than 30 days from the date the commissioner receives the notice of the appeal. The action of the commissioner shall not be stayed pending an appeal before the board.
(c) Appeals from action by the board shall be conducted as provided under the Alabama Administrative Procedure Act, Section 41-22-1, et seq.
(Acts 1987, No. 87-582, §10.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-250 - Violations.

Section 9-13-250
Violations.
(a) Any person who shall violate any provision or requirement of this article or of regulations promulgated hereto or of any notice or order given pursuant thereto or who shall forge, counterfeit, destroy or wrongfully or improperly use any permit or certificate provided for in this article or in the regulations promulgated hereto or who shall interfere with or obstruct any inspector or other employee of the commissioner in the performance of his duties under this article shall be deemed guilty of a Class C misdemeanor.
(b) There is conferred upon the commissioner and his specifically authorized representatives assigned by him to enforce the provisions of this statute the same powers as are possessed by sheriffs of this state for the purpose of enforcing the provisions of this article. In the exercise of their duty they shall exhibit their official identification to any person questioning their authority upon demand. They are authorized and empowered to make lawful arrests of any person violating any provisions of this article.
(Acts 1987, No. 87-582, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 11 - Prescribed Burning. › Section 9-13-270 - Short Title.

Section 9-13-270
Short title.
This article may be cited as the "Alabama Prescribed Burning Act."
(Acts 1995, No. 95-609, p. 1304, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 11 - Prescribed Burning. › Section 9-13-271 - Legislative Findings.

Section 9-13-271
Legislative findings.
(a) The Legislature hereby finds and declares that the application of prescribed burning is a landowner property right and a land management tool that benefits the safety of the public, the environment, the natural resources, and the economy of Alabama. Therefore, the Legislature finds that:
(1) Prescribed burning reduces naturally occurring vegetative fuels within wildland areas. The reduction of the fuel load reduces the risk and severity of major catastrophic wildfire, thereby reducing the threat of loss of life and property, particularly in urbanizing areas.
(2) Many of Alabama's natural communities require periodic fire for maintenance of their ecological integrity. Prescribed burning is essential to the perpetuation, restoration, and management of many plant and animal communities. Significant loss of the state's biological diversity will occur if fire is excluded from fire-dependent ecosystems.
(3) Forest lands constitute significant economic, biological, and aesthetic resources of statewide importance. Prescribed burning on forest land prepares sites for reforestation, removes undesirable competing vegetation, improves wildlife habitat, expedites nutrient cycling, and controls or eliminates certain forest pathogens.
(4) The state manages hundreds of thousands of acres of land for parks, wildlife management areas, forests and other public purposes. The use of prescribed burning for management of public lands is essential to maintain the specific resource values for which these lands were acquired.
(5) Proper training in the use of prescribed burning is necessary to ensure maximum benefits and protection for the public.
(6) As the population of Alabama continues to grow, pressures from liability issues and nuisance complaints inhibit the use of prescribed burning.
(b) The purpose of this article is to authorize and promote the continued use of prescribed burning for ecological, silvicultural, agricultural and wildlife management purposes.
(Acts 1995, No. 95-609, p. 1304, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 11 - Prescribed Burning. › Section 9-13-272 - Definitions.

Section 9-13-272
Definitions.
As used in this article, the following words shall have the following meanings:
(1) CERTIFIED PRESCRIBED BURN MANAGER. An individual who successfully completes a certification program approved by the Alabama Forestry Commission.
(2) PRESCRIBED BURNING. The controlled application of fire to naturally occurring vegetative fuels for ecological, silvicultural, agricultural and wildlife management purposes under specified environmental conditions and the following of appropriate precautionary measures which cause the fire to be confined to a predetermined area and accomplishes the planned land management objectives.
(3) PRESCRIPTION. A written plan for starting and controlling a prescribed burn to accomplish the ecological, silvicultural, and wildlife management objectives.
(Acts 1995, No. 95-609, p. 1304, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 11 - Prescribed Burning. › Section 9-13-273 - Liability for Damage Caused by Fire; Requirements; Rules and Guidelines; Fees for Certification or Training.

Section 9-13-273
Liability for damage caused by fire; requirements; rules and guidelines; fees for certification or training.
(a) No property owner or his or her agent, conducting a prescribed burn in compliance with this article, shall be liable for damage or injury caused by fire or resulting smoke unless it is shown that the property owner or his or her agent failed to act within that degree of care required of others similarly situated.
(b) Prescribed burning conducted in compliance with this article shall be considered in the public interest if it meets all of the following requirements:
(1) It is accomplished only when at least one certified prescribed burn manager is supervising the burn or burns that are being conducted.
(2) A written prescription is prepared and witnessed or notarized prior to prescribed burning.
(3) A burning permit is obtained from the Alabama Forestry Commission.
(4) It is conducted pursuant to state law and rules applicable to prescribed burning.
(c) The Alabama Forestry Commission may promulgate rules for the certification of prescribed burn managers and guidelines for a prescribed burn prescription.
(d) The Alabama Forestry Commission may charge and collect fees and other payments from persons applying for certification or training as a prescribed burn manager as may be necessary to provide training required for certification as a prescribed burn manager and to carry out other administrative aspects of this article; however the expenditure of any fees charged by the Forestry Commission under this subsection shall be budgeted and allotted pursuant to the Budget Management Act and Article 4 of Chapter 4 of Title 41.
(Acts 1995, No. 95-609, p. 1304, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 11 - Prescribed Burning. › Section 9-13-274 - No Certification as Prescribed Burn Manager Required in Certain Circumstances.

Section 9-13-274
No certification as prescribed burn manager required in certain circumstances.
Nothing in this article shall be construed as requiring certification as a prescribed burn manager in order to conduct burning operations on one's own property or on the lands of another with the landowner's permission as long as applicable state laws and rules relating to prescribed burning are complied with.
(Acts 1995, No. 95-609, p. 1304, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-1 - Definitions.

Section 9-14-1
Definitions.
For the purposes of this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PARK. Any area of land primarily valuable for recreational purposes because of its scenic, historic, prehistoric, archaeologic, scientific or other distinctive characteristics or nature features.
(2) MONUMENT and HISTORIC SITE. Any area of land, with or without buildings, structures or other objects thereon, wholly or primarily of historic, prehistoric, archaeologic, scientific or commemorative interest or value.
(3) PARKWAY. Any elongated strip of land suitable for recreation and a pleasure vehicle road to which the owners or lessees of abutting property shall have no right of direct access.
(4) LAND. Upland, land under water and every estate, interest and right, legal or equitable, in land or water.
(Acts 1939, No. 556, p. 877, §1; Code 1940, T. 8, §172.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-2 - Designation and Uses of Parks, Parkways, Monuments and Historic Sites in State Park System.

Section 9-14-2
Designation and uses of parks, parkways, monuments and historic sites in state park system.
All parks, parkways, monuments and historic sites now owned or hereafter established or acquired by the state shall constitute the state park system (except Mound State Monument, the First White House of the Confederacy and all monuments and historic sites now located on state owned land in the City of Montgomery), and are hereby reserved for the enjoyment and benefit of the people; provided, that nothing contained in this section shall be construed as restricting or limiting in any manner the power and authority now granted by law to the Commissioner of Conservation and Natural Resources to sell, lease or exchange any park, parkway, monument or historic site now owned or hereafter established or acquired by the state.
(Acts 1939, No. 556, p. 877, §1; Code 1940, T. 8, §172.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-3 - Maintenance of Monument of Fort Louis De La Mobile.

Section 9-14-3
Maintenance of monument of Fort Louis de la Mobile.
The granite monument marking the site of Fort Louis de la Mobile, founded by Iberville and Bienville, and the 25 feet square parcel of land upon which the monument is erected is a part of the public property of the state and must be cared for by the Division of Parks.
(Code 1923, §1414; Code 1940, T. 8, §179.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-4 - Construction, Maintenance, etc., of Roads Leading From State Highways to Lands in State Park System.

Section 9-14-4
Construction, maintenance, etc., of roads leading from state highways to lands in state park system.
The State Department of Transportation is hereby authorized and empowered upon the request of the Commissioner of Conservation and Natural Resources to construct, reconstruct and maintain roads leading from a state highway to any land included in the state park system. The State Director of Transportation shall confer with the Commissioner of Conservation and Natural Resources before deciding upon the location and character of any such improvement. The State Department of Transportation is hereby authorized and empowered, upon the request of the Commissioner of Conservation and Natural Resources, to construct, reconstruct and maintain roads within the boundary of any land or lands included in the state park system. The construction and reconstruction of such roads shall be in accordance with the development plan for the said land or lands as approved by the Commissioner of Conservation and Natural Resources. Such roads shall be maintained in such manner as may be agreed upon between the State Director of Transportation and the Commissioner of Conservation and Natural Resources. The costs of such construction, reconstruction and maintenance shall be paid from the state Highway Fund.
(Acts 1939, No. 556, p. 877, §4; Code 1940, T. 8, §181.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-5 - Repair and Maintenance of Roads and Bridges Within State Parks System and State Owned Public Fishing Lake Areas.

Section 9-14-5
Repair and maintenance of roads and bridges within state parks system and state owned public fishing lake areas.
After September 8, 1967, the State Department of Transportation may have the duty and responsibility of repairing and maintaining all roads and bridges within the state parks system and state owned public fishing lake areas.
(Acts 1967, No. 743, p. 1595, § 1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-6 - County and Municipal Grants, etc., of Lands to State Park System; Appropriations of Moneys for Improvement, Operation, etc., of State Park System.

Section 9-14-6
County and municipal grants, etc., of lands to state park system; appropriations of moneys for improvement, operation, etc., of state park system.
Any county and any incorporated city or town in the State of Alabama is hereby authorized and empowered to donate, convey and grant to the State of Alabama any land owned by it or which it may hereafter acquire to become a part of the state park system. Any such county, city or town may appropriate moneys to the Department of Conservation and Natural Resources to be used and expended in extending, improving, operating or maintaining the state park system.
(Acts 1939, No. 556, p. 877, §5; Code 1940, T. 8, §182.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-7 - Maintenance of Monte Sano State Park.

Section 9-14-7
Maintenance of Monte Sano State Park.
(a) Notwithstanding any other laws, the Department of Conservation and Natural Resources is prohibited from selling, trading, or rearranging any lands within the boundaries of Monte Sano State Park in Madison County, Alabama.
(b) It is the intent of subsection (a) to preserve at a minimum the current geographical size and location of Monte Sano State Park. Notwithstanding the foregoing, it is the intent of the Legislature that the Department of Conservation and Natural Resources may expand the geographical size and location of Monte Sano State Park, and may grant easements, permits, licenses, and rights-of-way at its discretion within the boundaries of the park.
(Act 2000-768, p. 1762, § 1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-8 - Free Admission for Military Personnel on Holidays.

Section 9-14-8
Free admission for military personnel on holidays.
(a) Any active or retired member of the United States Armed Forces, including any reserve component thereof, or the National Guard, upon presentation of an appropriate active or retired military identification card, shall be granted free admission to any state park operated by the Department of Conservation and Natural Resources on any state or federal holiday.
(b) Any Alabama resident who is an active member or honorably separated member of the United States Armed Forces or National Guard, including any reserve component thereof, upon presentation of an appropriate active or retired military identification card, a driver's license with a veteran designation, valid form DD214, or any other documentation prescribed by law or administrative rule as evidence of honorable separation from active service, shall be granted free admission to any state park operated by the Department of Conservation and Natural Resources on all days on which entry to the state park is open to the general public.
(Act 2012-508, p. 1506, §1; Act 2018-147, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-9 - Sale of Alcoholic Beverages for On-Premises Consumption.

Section 9-14-9
Sale of alcoholic beverages for on-premises consumption.
Each state park that has a lodging facility and restaurant may sell alcoholic beverages for on-premises consumption Monday through Saturday, except that in those facilities which currently allow Sunday sales, alcoholic beverages may be sold for on-premises consumption each day of the week. The provisions of this section shall not be applicable to any state park or municipality within Chilton County.
(Act 2012-531, p. 1578, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-20 - Authorized.

Section 9-14-20
Authorized.
The Department of Conservation and Natural Resources, Division of Parks may, with certain exceptions set out in this article, enter into contracts with persons, firms or corporations to maintain and operate concessions within the state park areas for the welfare of the general public in the use and enjoyment of the state park system.
(Acts 1971, No. 2440, p. 3900, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-21 - Invitations to Bid; Experience of Persons, etc., Seeking Concessions; Responsibility for Maintenance of State Facilities Leased.

Section 9-14-21
Invitations to bid; experience of persons, etc., seeking concessions; responsibility for maintenance of state facilities leased.
(a) For any concession contract authorizing occupancy by the concessionaire of any portion of the state park system, the Division of Parks shall prepare an invitation to bid, which shall include a summary of the terms and conditions of the concession sufficient to enable persons, firms or corporations to bid solely on the basis of rates to be paid to the state. Bids will be made only on the basis of the invitation to bid.
(b) No concession may be awarded to any person, firm or corporation who or which has less than five years actual experience in the operation of a facility similar to the concession being considered for leasing.
(c) All concessionaires shall be fully responsible for the maintenance and upkeep of the state facility leased.
(Acts 1971, No. 2440, p. 3900, §2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-22 - Advertisements and Solicitations for Sealed Bids; Submission and Opening of Bids; Original Bids and Documents to Be Retained and Open to Public Inspection.

Section 9-14-22
Advertisements and solicitations for sealed bids; submission and opening of bids; original bids and documents to be retained and open to public inspection.
(a) The Division of Parks shall advertise for sealed bids on all concessions by publication of notice thereof one time in a newspaper published in Montgomery County, Alabama, or in any other manner and for such lengths of time as the Commissioner of Conservation and Natural Resources may determine; provided, however, that the Commissioner of Conservation and Natural Resources shall also solicit sealed bids by sending notice by mail to all persons, firms or corporations who have filed a request in writing that they be listed for solicitation on bids for such concessions as are set forth in such request. If any person, firm or corporation whose name is listed fails to respond to any solicitation for bids after the receipt of three such solicitations, such listing may be cancelled.
(b) All bids shall be sealed when submitted, shall be opened in public at the hour stated in the notice and all original bids together with all documents pertaining to the award of the contract shall be retained and made a part of a permanent file or record and shall be open to public inspection.
(Acts 1971, No. 2440, p. 3900, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-23 - Bonds for Contracts; Failure of Successful Bidders to Execute Contracts; Rejection of All Bids; Negotiation of Contract.

Section 9-14-23
Bonds for contracts; failure of successful bidders to execute contracts; rejection of all bids; negotiation of contract.
(a) The Commissioner of Conservation and Natural Resources shall require and set appropriate bonds (but in no event in an amount less than $50,000.00 per $1,000,000.00 or fraction thereof of the construction, equipping and furnishing cost of the facility leased) for all park concession contracts in an amount deemed sufficient to fully protect the interest of the state for the faithful performance of the terms of said contracts and for the payment of all moneys which may become due to the state by virtue of the provisions of such contracts.
(b) A failure by a successful bidder on any concession contract to execute same to the commissioner within 20 days of receipt thereof and within the same time limit to provide the state with all required bonds together with such evidence of insurance as is required under the terms of the contract may, at the option of the commissioner, be treated as a refusal to execute; and, upon such determination by the Commissioner, all rights of the successful bidder shall terminate, and any and all moneys or considerations paid into the state shall be forfeited.
(c) If the Commissioner of Conservation and Natural Resources, after receipt of all bids on a concession contract, deems that the acceptance of any bid would not be in the best interest of the state, he may reject all bids. He may thereafter negotiate a concession contract; provided, that said negotiated contract must give better terms to the state than any of the rejected bids.
(Acts 1971, No. 2440, p. 3900, §6; Acts 1975, No. 1208, p. 2521, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-24 - Award of Contracts; Provisions as to Concessionaire's Rates and Charges; Periodic Review, etc., of Rates and Charges; Inclusion of Terms and Conditions for Protection of State Against Loss of Investment.

Section 9-14-24
Award of contracts; provisions as to concessionaire's rates and charges; periodic review, etc., of rates and charges; inclusion of terms and conditions for protection of state against loss of investment.
(a) All concession contracts authorizing occupancy of any portion of the state park system shall be awarded to the highest responsible bidder, as determined by criteria set out in the notice therefor, who, in the opinion of the Commissioner of Conservation and Natural Resources, will operate the concession consistent with the contract and in the best interests of the state and public.
(b) All concession contracts of whatever nature or form shall provide for the reasonableness of the concessionaire's rates and charges to the public, and such rates shall be judged primarily by comparison with those rates or charges for facilities and services of comparable character under similar conditions with due consideration for length of season, peak loads, average percentage of occupancy, accessibility, availability, cost of labor and personnel, type of patronage and such other factors deemed significant by the Commissioner of Conservation and Natural Resources.
(c) All concession rates and charges will be subject to periodic review by the Commissioner of Conservation and Natural Resources, who shall have authority to require the concessionaire to reduce such rates when, after review of same, he finds them to be excessive and not based on and in compliance with the foregoing criteria.
(d) The Commissioner of Conservation and Natural Resources shall further have authority to include in concession contracts such other terms and conditions as, in his judgment, are required to assure the state of adequate protection against loss of investment in structures, fixtures, improvements, equipment, supplies and other properties.
(Acts 1971, No. 2440, p. 3900, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-25 - Financial Resources of Persons, etc., Seeking Concessions; Submission of Financial Statements With Bids; Verification of Same.

Section 9-14-25
Financial resources of persons, etc., seeking concessions; submission of financial statements with bids; verification of same.
No person, firm or corporation shall be granted a concession contract who or which does not have sufficient financial resources to properly operate a concession. All bidders for concessions must submit with their bids a complete financial statement, which statement shall be subject to full verification by proper state officials. Any bid submitted without such statement may not be considered.
(Acts 1971, No. 2440, p. 3900, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-26 - Cancellation of Contracts.

Section 9-14-26
Cancellation of contracts.
No concession contract awarded may be cancelled except as provided for therein.
(Acts 1971, No. 2440, p. 3900, §8; Acts 1975, No. 1208, p. 2521, §3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-27 - Length of Term of Contracts.

Section 9-14-27
Length of term of contracts.
No concession contract shall be granted, the term of which exceeds six years, unless the concessionaire is required by the terms of the contract to expend major monetary sums for the purpose of improving, furnishing, equipping or enlarging existing facilities or constructing and/or furnishing additional facilities on the concession premises. In the event such major expenditures are made by a concessionaire, the term of his concession contract may be extended, but in no event exceed 12 years.
(Acts 1971, No. 2440, p. 3900, §9; Acts 1975, No. 1208, p. 2521, §4.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-28 - Consummation of Contracts; Written Approval by Attorney General, Chief Examiner of Department of Public Accounts and Governor.

Section 9-14-28
Consummation of contracts; written approval by Attorney General, Chief Examiner of Department of Public Accounts and Governor.
All concession contracts entered into by virtue of the provisions of this article shall be consummated by the Commissioner of Conservation and Natural Resources; provided, that all such contracts must have the written approval of the Attorney General, the Chief Examiner of the Department of Public Accounts and the Governor on the face thereof.
(Acts 1971, No. 2440, p. 3900, §10; Acts 1975, No. 1208, p. 2521, §5.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-29 - Applicability of Provisions of Article.

Section 9-14-29
Applicability of provisions of article.
The provisions of this article shall not apply to or authorize the leasing of any tent camping or trailer park facility, except at Camden State Park, nor do the provisions of this article authorize, for a period of three years beginning with the date of the official opening of all newly constructed facilities at said state park, the leasing of the lodge and the food service facilities at the beach pavilion at the state park presently designated as Lake Guntersville State Park. It is further provided that the provisions of this article shall not apply to concession operations at special events at the state parks, which events do not exceed 72 hours. In addition, the provisions of this article shall not apply to state parks concession operations receiving gross receipts of $100,000.00 or less annually.
(Acts 1971, No. 2440, p. 3900, §3; Acts 1975, No. 1208, p. 2521, §1; Acts 1986, Ex. Sess., No. 86-715, p. 131, §1; Acts 1992, No. 92-585, p. 1207, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14A - Alabama Public Recreational and Historical Facilities Improvement Act. › Section 9-14A-1 - Short Title.

Section 9-14A-1
Short title.
This chapter shall be known as the "Alabama Public Recreational and Historical Facilities Improvement Act."
(Act 2000-708, p. 1487, §1.)