reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-3 - Reasonable Security Measures; Assessment.

Section 8-38-3
Reasonable security measures; assessment.
(a) Each covered entity and third-party agent shall implement and maintain reasonable security measures to protect sensitive personally identifying information against a breach of security.
(b) Reasonable security measures means security measures practicable for the covered entity subject to subsection (c), to implement and maintain, including consideration of all of the following:
(1) Designation of an employee or employees to coordinate the covered entity's security measures to protect against a breach of security. An owner or manager may designate himself or herself.
(2) Identification of internal and external risks of a breach of security.
(3) Adoption of appropriate information safeguards to address identified risks of a breach of security and assess the effectiveness of such safeguards.
(4) Retention of service providers, if any, that are contractually required to maintain appropriate safeguards for sensitive personally identifying information.
(5) Evaluation and adjustment of security measures to account for changes in circumstances affecting the security of sensitive personally identifying information.
(6) Keeping the management of the covered entity, including its board of directors, if any, appropriately informed of the overall status of its security measures; provided, however, that the management of a government entity subject to this subdivision may be appropriately informed of the status of its security measures through a properly convened executive session under the Open Meetings Act pursuant to Section 36-25A-7.
(c) An assessment of a covered entity's security shall be based upon the entity's reasonable security measures as a whole and shall place an emphasis on data security failures that are multiple or systemic, including consideration of all the following:
(1) The size of the covered entity.
(2) The amount of sensitive personally identifying information and the type of activities for which the sensitive personally identifying information is accessed, acquired, maintained, stored, utilized, or communicated by, or on behalf of, the covered entity.
(3) The covered entity's cost to implement and maintain the reasonable security measures to protect against a breach of security relative to its resources.
(Act 2018-396, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-4 - Investigation of Security Breach.

Section 8-38-4
Investigation of security breach.
(a) If a covered entity determines that a breach of security has or may have occurred in relation to sensitive personally identifying information that is accessed, acquired, maintained, stored, utilized, or communicated by, or on behalf of, the covered entity, the covered entity shall conduct a good faith and prompt investigation that includes all of the following:
(1) An assessment of the nature and scope of the breach.
(2) Identification of any sensitive personally identifying information that may have been involved in the breach and the identity of any individuals to whom that information relates.
(3) A determination of whether the sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person, and is reasonably likely to cause substantial harm to the individuals to whom the information relates.
(4) Identification and implementation of measures to restore the security and confidentiality of the systems compromised in the breach.
(b) In determining whether sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person without valid authorization, the following factors may be considered:
(1) Indications that the information is in the physical possession and control of a person without valid authorization, such as a lost or stolen computer or other device containing information.
(2) Indications that the information has been downloaded or copied.
(3) Indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported.
(4) Whether the information has been made public.
(Act 2018-396, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-6 - Notice of Security Breach - Attorney General.

Section 8-38-6
Notice of security breach - Attorney General.
(a) If the number of individuals a covered entity is required to notify under Section 8-38-5 exceeds 1,000, the entity shall provide written notice of the breach to the Attorney General as expeditiously as possible and without unreasonable delay. Except as provided in subsection (c) of Section 8-38-5, the covered entity shall provide the notice within 45 days of the covered entity's receipt of notice from a third-party agent that a breach has occurred or upon the entity's determination that a breach has occurred and is reasonably likely to cause substantial harm to the individuals to whom the information relates.
(b) Written notice to the Attorney General shall include all of the following:
(1) A synopsis of the events surrounding the breach at the time that notice is provided.
(2) The approximate number of individuals in the state who were affected by the breach.
(3) Any services related to the breach being offered or scheduled to be offered, without charge, by the covered entity to individuals and instructions on how to use the services.
(4) The name, address, telephone number, and email address of the employee or agent of the covered entity from whom additional information may be obtained about the breach.
(c) A covered entity may provide the Attorney General with supplemental or updated information regarding a breach at any time.
(d) Information marked as confidential that is obtained by the Attorney General under this section is not subject to any open records, freedom of information, or other public record disclosure law.
(Act 2018-396, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-7 - Notice of Security Breach - Consumer Reporting Agencies.

Section 8-38-7
Notice of security breach - Consumer reporting agencies.
If a covered entity discovers circumstances requiring notice under Section 8-38-5 of more than 1,000 individuals at a single time, the entity shall also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in the Fair Credit Reporting Act, 15 U.S.C. §1681a, of the timing, distribution, and content of the notices.
(Act 2018-396, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-8 - Notice of Security Breach - Covered Entity.

Section 8-38-8
Notice of security breach - Covered entity.
In the event a third-party agent has experienced a breach of security in the system maintained by the agent, the agent shall notify the covered entity of the breach of security as expeditiously as possible and without unreasonable delay, but no later than 10 days following the determination of the breach of security or reason to believe the breach occurred. After receiving notice from a third-party agent, a covered entity shall provide notices required under Sections 8-38-5 and 8-38-6. A third-party agent, in cooperation with a covered entity, shall provide information in the possession of the third-party agent so that the covered entity can comply with its notice requirements. A covered entity may enter into a contractual agreement with a third-party agent whereby the third-party agent agrees to handle notifications required under this chapter.
(Act 2018-396, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-10 - Disposal of Records Containing Sensitive Personally Identifying Information.

Section 8-38-10
Disposal of records containing sensitive personally identifying information.
A covered entity or third-party agent shall take reasonable measures to dispose, or arrange for the disposal, of records containing sensitive personally identifying information within its custody or control when the records are no longer to be retained pursuant to applicable law, regulations, or business needs. Disposal shall include shredding, erasing, or otherwise modifying the personal information in the records to make it unreadable or undecipherable through any reasonable means consistent with industry standards.
(Act 2018-396, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-11 - Exemptions - Federal.

Section 8-38-11
Exemptions - Federal.
An entity subject to or regulated by federal laws, rules, regulations, procedures, or guidance on data breach notification established or enforced by the federal government is exempt from this chapter as long as the entity does all of the following:
(1) Maintains procedures pursuant to those laws, rules, regulations, procedures, or guidance.
(2) Provides notice to affected individuals pursuant to those laws, rules, regulations, procedures, or guidance.
(3) Timely provides a copy of the notice to the Attorney General when the number of individuals the entity notified exceeds 1,000.
(Act 2018-396, §11.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-12 - Exemptions - State.

Section 8-38-12
Exemptions - State.
An entity subject to or regulated by state laws, rules, regulations, procedures, or guidance on data breach notification that are established or enforced by state government, and are at least as thorough as the notice requirements provided by this chapter, is exempt from this chapter so long as the entity does all of the following:
(1) Maintains procedures pursuant to those laws, rules, regulations, procedures, or guidance.
(2) Provides notice to affected individuals pursuant to the notice requirements of those laws, rules, regulations, procedures, or guidance.
(3) Timely provides a copy of the notice to the Attorney General when the number of individuals the entity notified exceeds 1,000.
(Act 2018-396, §12.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 39 - New Assistive Device Warranty Act. › Section 8-39-2 - Definitions.

Section 8-39-2
Definitions.
For purposes of this chapter, the following terms shall have the following meanings:
(1) ASSISTIVE DEVICE. a. Any device, that costs five thousand dollars ($5,000) or more, including a demonstrator that a consumer purchases or accepts transfer of in this state which is used for a major life activity. The term is limited to the following:
1. Manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual.
2. Voice synthesized computer modules, optical scanners, talking software, Braille printers, and other devices that enhance the ability of a sight impaired individual to communicate.
b. The term does not include hearing aids, telephone communication devices for the deaf, assistive listening devices, or other aids that enhance the ability of an individual to hear.
(2) ASSISTIVE DEVICE DEALER. A person who is in the business of selling assistive devices.
(3) ASSISTIVE DEVICE LESSOR. A person who leases assistive devices to consumers, or who holds the rights of a lessor, under a written lease. Any assistive device lessor who is also an assistive device dealer shall fulfill all obligations owed to the consumer pursuant to this chapter as both an assistive device dealer and lessor.
(4) COLLATERAL COSTS. Expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining an alternative assistive device.
(5) CONSUMER or THE AGENCY. Any of the following:
a. The purchaser of an assistive device, including government entities purchasing a device for the benefit of an individual and the individual for whose benefit the device is purchased, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale.
b. A person to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the assistive device.
c. A person who may enforce the warranty.
d. A person who leases an assistive device from an assistive device lessor under a written lease.
e. Any person, with authority, acting on behalf of the consumer or the agency.
(6) DEMONSTRATOR. An assistive device used primarily for the purpose of demonstration to the public.
(Act 2018-448, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 39 - New Assistive Device Warranty Act. › Section 8-39-3 - Reporting and Repair of Assistive Device With a Noncomformity.

Section 8-39-3
Reporting and repair of assistive device with a noncomformity.
(a) If an assistive device covered by an applicable express warranty exhibits a nonconformity, the consumer or the agency shall do both of the following:
(1) Report the nonconformity to the manufacturer, the assistive device lessor, or any of the authorized assistive device dealers of the manufacturer.
(2) Make the assistive device available for repair within an applicable express warranty period.
(b) Once a nonconformity is reported and the assistive device is made available for repair, the manufacturer, the assistive device lessor, or any of the authorized assistive device dealers of the manufacturer shall make an attempt to repair the nonconformity.
(Act 2018-448, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 39 - New Assistive Device Warranty Act. › Section 8-39-4 - Refund or Replacement for Assistive Device With a Non Comformity.

Section 8-39-4
Refund or replacement for assistive device with a non comformity.
(a) If the manufacturer, dealer, or lessor either refuses to accept a device that a consumer makes available for repairs or makes a reasonable attempt to repair, but the nonconformity is not actually repaired, the manufacturer shall be required to provide a refund or replacement of the device, whichever is requested by the consumer or the agency, as follows:
(1) If the consumer or the agency requests a refund for a device that was purchased, the manufacturer shall refund to the consumer and to any holder of a perfected security interest in the assistive device of the consumer, as their interest may appear, the full purchase price plus any finance charge or sales tax paid by the consumer at the point of sale and any collateral costs incurred by the consumer, less a reasonable allowance for use. When the manufacturer provides the refund, the consumer or the agency shall return the assistive device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal possession to the manufacturer.
(2) If the consumer or the agency requests a refund for a device which was leased, the manufacturer shall refund to the assistive device lessor and to any holder of a perfected security interest in the assistive device, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use. The manufacturer shall have a cause of action against the dealer or lessor for reimbursement of any amount that it pays to a consumer which exceeds the net price received by the manufacturer for the assistive device. When the manufacturer provides the refund, the assistive device lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.
(3) If the consumer elects to receive a comparable new assistive device, the manufacturer shall provide the consumer or the agency with the comparable new assistive device no later than 30 days after the consumer or lessor offers to transfer possession of the assistive device having the nonconformity to the manufacturer.
(b) This section regarding the duty of a manufacturer shall apply for the period of the express warranty of the manufacturer.
(Act 2018-448, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 39 - New Assistive Device Warranty Act. › Section 8-39-5 - Applicability of Chapter.

Section 8-39-5
Applicability of chapter.
This chapter does not apply to any of the following:
(1) Disposable assistive devices with a useful life of one year or less.
(2) Batteries or nonfunctional accessories.
(3) Assistive devices dispensed, sold, injected, or implanted by a licensed physician, licensed physician assistant, or any individual working with or for the practice of a licensed physician, employer, or other business entity that is primarily engaged in the practice of medicine, whether or not the individual is working in a collaborative practice agreement as an agent, employee, or independent contractor. The exemption provided by this subdivision shall not apply to an assistive device simply because it was prescribed or ordered by a licensed physician or other health care practitioner.
(Act 2018-448, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 39 - New Assistive Device Warranty Act. › Section 8-39-6 - Rights and Remedies of Consumer.

Section 8-39-6
Rights and remedies of consumer.
(a) This chapter shall not limit rights or remedies available to a consumer under any other law.
(b) Any waiver of rights by a consumer under this chapter shall be void.
(c) In addition to pursuing any other remedy, a consumer may bring an action to recover any damages caused by a violation of this chapter within four years after the cause of action has accrued. By the original agreement, the parties may reduce the period of limitation to not less than one year but may not extend the period of limitation. The court may award a consumer who prevails up to treble damages, together with costs, disbursements, and reasonable attorney fees, and any equitable relief that the court determines is appropriate.
(Act 2018-448, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 1 - General Provisions. › Section 9-1-1 - Making False Statement to Officer Issuing License.

Section 9-1-1
Making false statement to officer issuing license.
Any person who willfully or knowingly makes to any officer authorized to issue a hunting, fishing, fur-bearing animal, or seafood license a false statement as to his or her name, age, residence or any other statement relevant to the purchasing of the license, or any person who makes to any officer designated to issue hunting, fishing, fur-bearing animal, or seafood licenses an incorrect statement when purchasing a license for another and makes the statement knowing it to be false shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
(Acts 1951, No. 357, p. 645, §1; Act 2008-384, p. 714, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 1 - General Provisions. › Section 9-1-3 - Lending, Borrowing, Selling, etc., License.

Section 9-1-3
Lending, borrowing, selling, etc., license.
The lending, borrowing, selling, buying, renting, or using in any way the license of another to hunt, fish, trap, deal in furs, or to take oysters or shrimp shall constitute a misdemeanor and shall be punishable by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
(Acts 1951, No. 357, p. 645, §3; Act 2008-384, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 1 - General Provisions. › Section 9-1-4 - Penalty for Violation.

Section 9-1-4
Penalty for violation.
Unless otherwise provided, a violation of any of the provisions of this title or any rule or regulation of the Department of Conservation and Natural Resources or approved by the Advisory Board of Conservation and Natural Resources shall be a Class C misdemeanor.
(Code 1923, §§5112, 5120; Acts 1932, Ex. Sess., No. 212, p. 214; Code 1940, T. 8, §13; 2008-384, p. 714, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 1 - General Provisions. › Section 9-1-6 - Declaration of Public Policy and Legislative Intent; Measure of Damages for the Unauthorized Removal of Coal; Retroactive Application of Section.

Section 9-1-6
Declaration of public policy and legislative intent; measure of damages for the unauthorized removal of coal; retroactive application of section.
(a) The objective of this section is to specify the measure of damages for the unauthorized removal of coal in Alabama. It is declared that the extraction of coal provides a major present and future source of energy and is an essential and necessary activity which contributes to the economic and material well-being of the state. In the absence of a reasonable measure of damages as specified in this section, confusion could result in the coal industry causing financial distress and unemployment, and may cause the abandonment and prevent the use of many coal mines. This state has a public interest in removing this hazard and precluding this confusion and distress without doing violence to private rights.
(b) The measure of damages in any civil action for the unauthorized extraction, severance, injury or removal of coal from land, including but not limited to, action for trespass or conversion, when the extraction, severance, injury or removal is in good faith shall be the fair market value of the coal in place before severance as of the time of extraction, severance, injury or removal. The fair market value of the coal in place shall be calculated as the royalty rate prevailing at the time and place of severance.
The measure of damages in all other civil actions for the unauthorized extraction, severance, injury or removal of coal from land, including but not limited to, actions for trespass or conversion, shall be the fair market value of the coal after severance, at the time and place of severance, without allowance for labor and expenses.
(c) This article shall apply to causes of action and actions then existing or thereafter arising when this article becomes effective.
(Acts 1983, No. 83-608, p. 945, §§ 1-3.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-1 - Created; Seal.

Section 9-2-1
Created; seal.
There shall be a Department of Conservation and Natural Resources, which shall be an executive and administrative department in order to enable the Governor to exercise a direct and effective control over the natural resources, state parks and historical sites of the state and in order to bring together in one department for purposes of economy and efficiency all matters pertaining to the natural resources, state parks and monuments and historical sites of the state. The Department of Conservation and Natural Resources shall have a seal, which shall be affixed to official acts and deeds of the Department of Conservation and Natural Resources and of the Commissioner of Conservation and Natural Resources by him.
(Acts 1939, No. 162, p. 255, § 1; Code 1940, T. 8, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-2 - Powers and Duties Generally.

Section 9-2-2
Powers and duties generally.
The general functions and duties of the Department of Conservation and Natural Resources shall be as follows:
(1) To protect, conserve, and increase the wildlife of the state and to administer all laws relating to wildlife and the protection, conservation, and increase thereof.
(2) To make exploration, surveys, studies, and reports concerning the wildlife, state parks and monuments and historical sites in the state and to publish such thereof as will be of general interest.
(3) To maintain, supervise, operate, and control all state parks, monuments and historical sites, except Mound State Monument and the First White House of the Confederacy; the serving and employing of attendants for all monuments and historical sites located on state-owned property in the City of Montgomery shall be performed by the Department of Finance.
(4) To maintain, supervise, operate, and control all state lands other than those specifically committed to the use or control of some other department, board, bureau, commission, agency, office, or institution of the state.
(5) To cooperate with and enter into cooperative agreements and stipulations with the Secretary of Agriculture of the United States, other states, or any other federal or state officer or department, board, bureau, commission, agency, or office thereunto authorized with respect to wildlife restoration projects, the carrying on of an educational program in connection therewith, the collection and publication of data with respect to wildlife, state parks and the monuments and historical sites or any other matters committed to the Department of Conservation and Natural Resources by this title or otherwise by law and to make and enforce all regulations and restrictions required for such cooperation, agreements, or stipulations.
(6) To carry on a program of education and public enlightenment with respect to the wildlife and other natural resources, state parks and the monuments and historical sites of Alabama.
(7) To make an annual report to the Governor concerning the activities and accomplishments of the department for the preceding fiscal year.
(8) To recommend to the Legislature such legislation as may be needed further to protect, conserve, increase, or to make available or useful the wildlife and other natural resources, state parks and the monuments and historical sites of Alabama.
(Acts 1939, No. 162, p. 255, §3; Code 1940, T. 8, §2; Act 2009-724, p. 2165, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-5 - Commissioner of Conservation and Natural Resources - Qualifications, Appointment, Term of Office, Oath, and Bond.

Section 9-2-5
Commissioner of Conservation and Natural Resources - Qualifications, appointment, term of office, oath, and bond.
The Department of Conservation and Natural Resources shall be headed by and shall be under the direction, supervision and control of an officer who shall be known and designated as the Commissioner of Conservation and Natural Resources. The Commissioner of Conservation and Natural Resources shall be the advisor of the Governor and the Legislature in matters relating to the wildlife and other natural resources and the state parks and monument and historical sites of the State of Alabama and the discovery, development, protection and conservation thereof. He shall be responsible to the Governor for the administration of the Department of Conservation and Natural Resources. The Commissioner of Conservation and Natural Resources shall be appointed and shall hold office at the pleasure of the Governor. Vacancies for any reason shall be filled in the same manner as original appointments are made. Before entering upon the discharge of his duties, the Commissioner of Conservation and Natural Resources shall take the constitutional oath of office and shall give bond in such penalty as may be fixed by the Governor, but such penalty shall not be less than $10,000.00 conditioned upon the faithful discharge of his duties. The premiums on such bond shall be paid out of the State Treasury. The Commissioner of Conservation and Natural Resources shall devote full time to his office and shall not hold another office under the government of the United States or under any other state or of this state or any political subdivision thereof during his incumbency in such office, and shall not hold any position of trust or profit or engage in any occupation or business the conduct of which shall interfere or be inconsistent with his duties as Commissioner of Conservation and Natural Resources under the provisions of this title.
(Acts 1939, No. 162, p. 255, §6; Code 1940, T. 8, §5; Acts 1951, Ex. Sess., No. 9, p. 175, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-6 - Commissioner of Conservation and Natural Resources - Powers and Duties Generally.

Section 9-2-6
Commissioner of Conservation and Natural Resources - Powers and duties generally.
All functions and duties of the Department of Conservation and Natural Resources shall be exercised by the Commissioner of Conservation and Natural Resources acting by himself or by and through such administrative divisions or such officers or employees as he may designate. The Commissioner of Conservation and Natural Resources shall have all power and authority necessary or convenient to carry out the functions and duties of the Department of Conservation and Natural Resources. In the performance of such functions and duties and in the exercise of such powers and authorities, the Commissioner of Conservation and Natural Resources and all other officers and employees of the Department of Conservation and Natural Resources shall, however, be subject to all legal restrictions, limitations and conditions and penalties, civil and criminal, with respect to the performance of such functions and duties and the exercise of such powers and authorities.
(Acts 1939, No. 162, p. 255, § 7; Code 1940, T. 8, §6.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-7 - Commissioner of Conservation and Natural Resources - Powers and Duties as to Game, Fish and Seafood Generally.

Section 9-2-7
Commissioner of Conservation and Natural Resources - Powers and duties as to game, fish and seafood generally.
(a) The Commissioner of Conservation and Natural Resources may enforce and administer all laws providing for the preservation, protection, propagation, and development of wild birds, wild fur-bearing animals, game fish, saltwater fish, shrimp, oysters and other shellfish, crustaceans and all other species of wildlife within the state or within the territorial jurisdiction of the state which have not been reduced to private ownership, except as otherwise provided.
(b) The commissioner is empowered to do all of the following:
(1) To formulate a state wildlife policy.
(2) To fix open seasons during which game birds, game, and fur-bearing animals may be taken.
(3) To fix daily and season bag limits on game birds and game animals.
(4) To designate by name what species of fish shall be game fish.
(5) To fix daily creel limits on game fish.
(6) To regulate the manner, means, and devices for catching or taking game fishes, game birds, game, and fur-bearing animals and the manner, means, and devices for catching or taking all other species of fish not designated as game fish.
(7) To close the season of any species of game in any county or area when, upon a survey by the department, it is found necessary to the conservation and perpetuation of such species and to reopen such closed season when it is deemed advisable.
(8) To designate by name what animals shall be classed as game or fur-bearing animals and the time, manner, means, and devices for taking same.
(9) To introduce desirable species of game, fish, and birds.
(10) To suspend, revoke, or reinstate, pursuant to the terms of any agreements entered into pursuant to subdivision (5) of Section 9-2-2, a hunting, fishing, trapping, or other license or privilege, issued or regulated by the department.
(Acts 1935, No. 240, p. 632, §§11, 14; Acts 1939, No. 162, p. 255, §11; Code 1940, T. 8, §17; Act 2009-724, p. 2165, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-8 - Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regulations as to Game, Fish and Seafood; Publication and Distribution of Laws, Etc.

Section 9-2-8
Commissioner of Conservation and Natural Resources - Promulgation of rules and regulations as to game, fish and seafood; publication and distribution of laws, etc.
The Commissioner of Conservation and Natural Resources is authorized to make and promulgate such reasonable rules and regulations not in conflict with the provisions of the game and fish laws as he may deem for the best interest of the conservation, protection and propagation of wild game, birds, animals, fish and seafoods, which rules and regulations shall have the effect of law; provided, that the Commissioner of Conservation and Natural Resources shall not have the right to make or promulgate any rules or regulations which will hamper industry or which will interfere with the operation of any industrial plant or plants or any industrial operation. The Commissioner of Conservation and Natural Resources shall not have the right to make or promulgate any rules or regulations which will hamper or interfere with the construction of dams built for impounding private waters as defined by the legislature or which will hamper or interfere with the catching, the marketing, the sale or resale or buying of the fish crop or any fish caught or taken from private waters as defined by the Legislature or which will in any way hamper or interfere with the maximum development of private waters as a source of food, farm income and recreation in the State of Alabama. The Commissioner of Conservation and Natural Resources shall publish in pamphlet form for general distribution all laws together with such rules and regulations relating to game, birds, fish, fur bearers, seafoods and other matters over which such Commissioner of Conservation and Natural Resources has authority or supervision. Such pamphlet so published shall be received in evidence without further proof of such rules and regulations in any court of this state.
(Acts 1935, No. 240, p. 632, §§ 20, 23; Code 1940, T. 8, §21; Acts 1943, No. 531, p. 505, § 1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-10 - Commissioner of Conservation and Natural Resources - Duties as to Preservation, Maintenance, etc., of State Parks, Etc.

Section 9-2-10
Commissioner of Conservation and Natural Resources - Duties as to preservation, maintenance, etc., of state parks, etc.
It shall be the duty of the Commissioner of Conservation and Natural Resources, acting through the Division of Parks, to preserve, improve, protect and maintain all parks, parkways, monuments and historic sites now owned or hereafter acquired or established by the State of Alabama 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.
(Acts 1939, No. 556, p. 877, § 2; Code 1940, T. 8, §180.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-11 - Commissioner of Conservation and Natural Resources - Creation of Additional Divisions in Department; Appointment of Directors of Divisions.

Section 9-2-11
Commissioner of Conservation and Natural Resources - Creation of additional divisions in department; appointment of directors of divisions.
With the approval of the Governor, the Commissioner of Conservation and Natural Resources may create and establish such additional division or divisions as may be determined to be necessary or convenient in the efficient and expeditious performance of the functions and duties of the Department of Conservation and Natural Resources and may assign functions and duties to such division or divisions, and he may transfer functions and duties from and to existing divisions from time to time. Directors of such divisions shall be appointed by the Commissioner of Conservation and Natural Resources with the approval of the Governor.
(Acts 1939, No. 162, p. 255, §14; Code 1940, T. 8, §10.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-12 - Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regulations for Department.

Section 9-2-12
Commissioner of Conservation and Natural Resources - Promulgation of rules and regulations for department.
The Commissioner of Conservation and Natural Resources shall have and exercise all rule-making powers of any division of the Department of Conservation and Natural Resources subject to the provisions of Section 9-2-15. The Commissioner of Conservation and Natural Resources shall have power and authority to establish and promulgate rules and regulations, including amendments and repeals thereof, with respect to the manner of performance of all functions and duties of the Department of Conservation and Natural Resources, which rules and regulations shall be reasonably calculated to effect the expeditious and efficient performance of such functions and duties and shall not be in conflict with applicable statutes. The rule-making power of the Commissioner of Conservation and Natural Resources shall not be delegated, except as otherwise expressly provided.
(Acts 1939, No. 162, p. 255, § 8; Code 1940, T. 8, §7.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-13 - Commissioner of Conservation and Natural Resources - Authority to Prohibit Importation of Birds, Animals, Fish, Etc.

Section 9-2-13
Commissioner of Conservation and Natural Resources - Authority to prohibit importation of birds, animals, fish, etc.
(a) The Commissioner of Conservation and Natural Resources may prohibit by duly promulgated regulation the importation of any bird, animal, reptile, amphibian, or fish when the importation of the animal, bird, reptile, amphibian, or fish would not be in the best interest of the state.
(b) This section does not apply to birds, animals, reptiles, amphibians, and fish used for display purposes for carnivals, zoos, circuses, and other like shows and exhibits where ample provision is made so the birds, animals, reptiles, amphibians, and fish will not escape or be released in this state.
(c) Any person, firm, corporation, partnership, or association who or which imports, brings, or causes to be brought or imported into the State of Alabama any bird, animal, reptile, amphibian, or fish, the importation of which has been forbidden by duly promulgated regulation of the commissioner, shall be in violation of this section and upon conviction thereof shall be guilty of a Class C misdemeanor, except that the punishment for each offense shall be a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than 30 days, or both.
(Acts 1969, No. 414, p. 813, §§1-3; Act 2002-510, p. 1314, §1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-15 - Advisory Board of Conservation and Natural Resources - Powers and Duties.

Section 9-2-15
Advisory Board of Conservation and Natural Resources - Powers and duties.
The functions and duties of the Advisory Board of Conservation and Natural Resources shall be as follows:
(1) To assist in formulating the policies of the Department of Conservation and Natural Resources in the performance of its functions and duties;
(2) To examine all rules and regulations made or promulgated by the Commissioner of Conservation and Natural Resources, to recommend amendments or repeals thereof or additional rules or regulations and by a two-thirds vote of those present at any meeting and with the approval of the Governor to amend or repeal such rules and regulations or to make and promulgate additional rules or regulations;
(3) To advise with the Commissioner of Conservation and Natural Resources concerning any matter relating to the functions and duties of the Department of Conservation and Natural Resources; and
(4) To assist in giving publicity to the wildlife and other natural resources, the state parks and monuments and historical sites of the state and the work of the Department of Conservation and Natural Resources in connection therewith.
(Acts 1939, No. 162, p. 255, § 10; Code 1940, T. 8, §9.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-15.1 - Advisory Board of Conservation and Natural Resources; Promulgation of Rules and Regulations; Prohibition of Airboat; Penalty.

Section 9-2-15.1
Advisory Board of Conservation and Natural Resources; promulgation of rules and regulations; prohibition of airboat; penalty.
(a) The conservation advisory board shall have the power to promulgate rules and regulations having the force and effect of law to regulate, including the authority to prohibit, the use of an airboat on any of the public waters of this state that are subject to an ebb and flow of the tide of at least two inches.
(b) Any person violating the provisions of the rules and regulations promulgated under the authority of this section shall, upon conviction, be guilty of a Class C misdemeanor.
(Acts 1981, No. 81-425, p. 671, § 1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-16 - Director of Irrigation.

Section 9-2-16
Director of Irrigation.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1965, No. 828, p. 1556, §§ 1,2.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-17 - Employees Generally.

Section 9-2-17
Employees generally.
The Commissioner of Conservation and Natural Resources shall, with the approval of the Governor and subject to the provisions of the Merit System, determine the number of employees needed for the efficient and economical performance of the functions and duties of the Department of Conservation and Natural Resources.
(Acts 1939, No. 162, p. 255, § 19; Code 1940, T. 8, §11.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-18 - Requirement of Bonds for Certain Officers and Employees.

Section 9-2-18
Requirement of bonds for certain officers and employees.
Before entering upon the duties of their respective offices, each officer and employee of the Department of Conservation and Natural Resources authorized or permitted to handle any money shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Commissioner of Conservation and Natural Resources, for the faithful performance of their duties.
(Acts 1943, No. 122, p. 123, § 1; Acts 1961, Ex. Sess., No. 208, p. 2190.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-19 - Administrative Salaries and Expenses to Be Prorated Among Divisions of Department.

Section 9-2-19
Administrative salaries and expenses to be prorated among divisions of department.
The salary of the Commissioner of Conservation and Natural Resources and the salaries and wages of the administrative staff together with all administrative expenses of the Department of Conservation and Natural Resources shall be prorated by the Commissioner of Conservation and Natural Resources among the various divisions of the Department of Conservation and Natural Resources in such manner as he may deem advisable for the best interest of the department as a whole, and such proration charged against any division of the Department of Conservation and Natural Resources shall be paid from funds belonging to such division upon the requisition of the Commissioner of Conservation and Natural Resources.
(Acts 1945, No. 225, p. 349, § 1.)
2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-20 - Game and Fish Fund - Created; Composition.

Section 9-2-20
Game and Fish Fund - Created; composition.
There is hereby created and there shall be a fund which shall be known as the Game and Fish Fund. This fund shall consist of:
(1) All moneys received for all occupational licenses or privilege taxes imposed by the state on any person, firm or corporation for engaging in any business or activity relating to taking, catching, capturing or killing of any fur-bearing or game animal or game bird in this state or the taking, catching, capturing or killing of any fish in the public or territorial waters of this state;
(2) All moneys derived from the levying or imposition upon any person, firm or corporation of any tax, license, permit, certificate, fee or any other charge by whatsoever name called pursuant to the game and fish laws of this state or rules and regulations based thereon;
(3) All moneys derived from the administration and enforcement of the game and fish laws of this state, or rules and regulations based thereon;
(4) All moneys paid, derived, received or arising from fines, penalties and forfeitures pursuant to the game and fish laws of this state and the rules and regulations based thereon;
(5) All moneys derived from the sale of hunting and fishing licenses or permits; and
(6) All moneys accruing to the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources from any source.
(Acts 1945, No. 229, p. 352, §1.)