reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 3 - Compensation of Student Athletes. › Section 8-26B-52 - Professional Representation of Student Athlete.

Section 8-26B-52
Professional representation of student athlete.
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) A postsecondary educational institution may not prevent or unreasonably restrict a student athlete from obtaining professional representation for the purpose of securing compensation for the use of the student athlete's name, image, or likeness.
(b) An individual representing a student athlete for purposes of exploring or securing compensation for the student athlete's name, image, or likeness shall be registered as an athlete agent with the state pursuant to Section 8-26B-4, or shall be a licensed attorney and a member in good standing of the Alabama State Bar.
(c) A student athlete participating in intercollegiate sports at a postsecondary educational institution shall provide the institution with written notice at least seven days prior to entering into a representation agreement with any individual for purposes of exploring or securing compensation for use of the student athlete's name, image, or likeness.
(Act 2021-227, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 3 - Compensation of Student Athletes. › Section 8-26B-53 - Revocation or Reduction of Scholarships.

Section 8-26B-53
Revocation or reduction of scholarships.
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
A scholarship awarded to a student athlete by a postsecondary educational institution may not be revoked or reduced as a result of the receipt of compensation by a student athlete for use of their name, image, or likeness, or as a result of the student athlete obtaining professional representation pursuant to this article and any rule adopted by the Alabama Collegiate Athletics Commission under Section 8-26B-55.
(Act 2021-227, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 3 - Compensation of Student Athletes. › Section 8-26B-54 - Financial Literacy and Life Skills Programming for Student Athletes.

Section 8-26B-54
Financial literacy and life skills programming for student athletes.
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) Each postsecondary educational institution shall conduct financial literacy and life skills programming for student athletes. At a minimum, the programming must include information concerning financial aid and debt management, as well as recommended model budgets for student athletes based on that academic year's estimated cost of attendance and the various scholarship statuses of student athletes at the institution. The programming shall also include information on time management skills necessary for success as a student athlete and available academic resources.
(b) The programming may not include any marketing, advertising, referral, or solicitation by providers of financial products or services.
(c) This section does not place any obligation on a postsecondary educational institution to provide tax guidance or financial safeguards to student athletes outside of the programming required under this section.
(Act 2021-227, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 3 - Compensation of Student Athletes. › Section 8-26B-55 - Alabama Collegiate Athletics Commission.

Section 8-26B-55
Alabama Collegiate Athletics Commission.
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) There is established the Alabama Collegiate Athletics Commission. The purpose of the commission shall be to develop rules and recommendations to maintain the fairness and integrity of amateur intercollegiate athletics and the principle of amateurism in intercollegiate athletics, consistent with this article. The commission may do all of the following:
(1) Make rules or recommendations related to the implementation of name, image, and likeness standards and requirements that are consistent with this article.
(2) Make rules or recommendations about a process to manage registered athlete agents in the context of name, image, and likeness.
(3) Make rules or recommendations for the establishment of an independent dispute resolution process for any dispute arising between a student athlete and a postsecondary education institution related to name, image, or likeness usage.
(4) Make rules or recommendations regarding the financial literacy and life skills programming required by this act.
(b) The commission shall consist of seven members, including the Governor, who shall serve as chair; the Lieutenant Governor; the President Pro Tempore of the Senate; the Speaker of the House of Representatives; the Minority Leaders of the House of Representatives and the Senate; and the chair of the Alabama Athlete Agents Commission.
(c) The commission may consult with individuals or groups with information or knowledge about issues related to name, image, and likeness, including, but not limited to, current or former student athletes, coaches, conference or school administrators, professionals with expertise in sports marketing, contracting and public relations, athlete agents, and the Alabama Athlete Agents Commission.
(d)(1) Meetings of the commission shall be held at the call of the chair.
(2) A meeting may only be held where there is a quorum of at least three members.
(3) Meetings of the commission may take place via electronic means.
(4) Within 15 calendar days of any called meeting, the commission shall publicly post a report of any formal rules or recommendations that were developed during the meeting.
(e) A violation of a rule of the commission shall be punishable by a civil penalty of up to one thousand dollars ($1,000).
(Act 2021-227, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 3 - Compensation of Student Athletes. › Section 8-26B-56 - Permission Required for Use of Name, Image, or Likeness in Conjunction With Registered or Licensed Marks, Logos, Etc.

Section 8-26B-56
Permission required for use of name, image, or likeness in conjunction with registered or licensed marks, logos, etc.
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
A student athlete may not receive or enter into a contract for compensation for use of his or her name, image, or likeness in a way that also uses any registered or licensed marks, logos, verbiage, or designs of a postsecondary education institution, unless the institution has provided the student athlete with written permission to do so prior to the execution of the contract. If permission is granted, the postsecondary education institution, by agreement of all parties, may be compensated for the use in a manner consistent with market rates or prior practice.
(Act 2021-227, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 3 - Compensation of Student Athletes. › Section 8-26B-57 - Inducements Prohibited to Attend, Enroll, etc., in Specific Postsecondary Educational Institution.

Section 8-26B-57
Inducements prohibited to attend, enroll, etc., in specific postsecondary educational institution.
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
A student athlete may not receive compensation for use of his or her name, image, or likeness as an inducement to attend or enroll in or continue attending a specific postsecondary educational institution.
(Act 2021-227, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 3 - Compensation of Student Athletes. › Section 8-26B-58 - No Cause of Action for Prior Acts.

Section 8-26B-58
No cause of action for prior acts.
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
This article does not create a cause of action for any actions taken by a postsecondary education institution prior to July 1, 2021, including, but not limited to, any action under a claim or theory relating to restriction on trade or tortious interference of fair competition.
(Act 2021-227, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 3 - Compensation of Student Athletes. › Section 8-26B-59 - Employment Status of Student Athlete With a Postsecondary Education Institution.

Section 8-26B-59
Employment status of student athlete with a postsecondary education institution.
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
Nothing in this article or rule of the commission shall affect the employment status of a student athlete with a postsecondary education institution. A student athlete shall not be considered an employee of a postsecondary education institution based on participation in an intercollegiate sport.
(Act 2021-227, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 3 - Compensation of Student Athletes. › Section 8-26B-60 - Applicability to Constitutionally Created Boards of Trustees of Postsecondary Educational Institutions.

Section 8-26B-60
Applicability to constitutionally created boards of trustees of postsecondary educational institutions.
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
It is the intent of the Legislature that constitutionally created boards of trustees of postsecondary educational institutions comply with the requirement of this article.
(Act 2021-227, §11.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 3 - Compensation of Student Athletes. › Section 8-26B-61 - Violations.

Section 8-26B-61
Violations.
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-2 EFFECTIVE FEBRUARY 3, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) An individual other than a student athlete who violates subsection (c), (d), or (e) of Section 8-26B-51 or who grants compensation to a student athlete in a manner that causes the student athlete to violate Section 8-26B-57 shall be guilty of a Class C felony.
(b) (1) Compliance with this article and the rules adopted by the Alabama Collegiate Athletics Commission shall be monitored by the Alabama Athlete Agents Commission.
(2) If any officer, employee, or agent of a postsecondary educational institution, any athlete agent, any licensed attorney, or any student athlete witnesses a potential violation of this article or the rules adopted by the Alabama Collegiate Athletics Commission pursuant to this article, that person shall report the potential violation to the postsecondary educational institution at which the student athlete at issue participates or participated in intercollegiate sports. The postsecondary educational institution shall investigate the report. If the institution determines a violation has occurred, the institution, within 14 days, shall report the matter to the Alabama Athlete Agents Commission, which shall review the matter. The Alabama Athlete Agents Commission shall work with appropriate law enforcement as necessary to investigate and address credible reports received from an institution under this subdivision.
(Act 2021-227, §12.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 27 - Alabama Trade Secrets Act. › Section 8-27-2 - Definitions.

Section 8-27-2
Definitions.
As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) TRADE SECRET. A "trade secret" is information that:
a. Is used or intended for use in a trade or business;
b. Is included or embodied in a formula, pattern, compilation, computer software, drawing, device, method, technique, or process;
c. Is not publicly known and is not generally known in the trade or business of the person asserting that it is a trade secret;
d. Cannot be readily ascertained or derived from publicly available information;
e. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; and
f. Has significant economic value.
(2) IMPROPER MEANS. "Improper means" are means such as:
a. Theft;
b. Bribery;
c. Misrepresentation;
d. Inducement of a breach of confidence;
e. Trespass; or
f. Other deliberate acts taken for the specific purpose of gaining access to the information of another by means such as electronic, photographic, telescopic or other aids to enhance normal human perception, where the trade secret owner reasonably should be able to expect privacy.
(3) PERSON. A "person" is a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(Acts 1987, No. 87-669, p. 1195, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 27 - Alabama Trade Secrets Act. › Section 8-27-3 - Misappropriation.

Section 8-27-3
Misappropriation.
A person who discloses or uses the trade secret of another, without a privilege to do so, is liable to the other for misappropriation of the trade secret if:
(1) That person discovered the trade secret by improper means;
(2) That person's disclosure or use constitutes a breach of confidence reposed in that person by the other;
(3) That person learned the trade secret from a third person, and knew or should have known that (i) the information was a trade secret and (ii) that the trade secret had been appropriated under circumstances which violate the provisions of (1) or (2), above; or
(4) That person learned the information and knew or should have known that it was a trade secret and that its disclosure was made to that person by mistake.
(Acts 1987, No. 87-669, p. 1195, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 27 - Alabama Trade Secrets Act. › Section 8-27-4 - Remedies for Actual or Threatened Misappropriation; Intentional Remuneration of a Third Party for Misappropriation.

Section 8-27-4
Remedies for actual or threatened misappropriation; intentional remuneration of a third party for misappropriation.
(a) The remedies available for actual or threatened misappropriation of a trade secret are:
(1) To the extent that they are not duplicative:
a. Such injunctive and other equitable relief as may be appropriate with respect to any actual or threatened misappropriation of a trade secret,
b. Recovery of any profits and other benefits conferred by the misappropriation that are attributable to the misappropriation (In establishing the misappropriator's profits, the complainant is required to present proof only of the misappropriator's gross revenue, and the misappropriator is required to present proof of his or her deductible expenses and the elements of profit attributable to factors other than the trade secret.), and
c. The actual damages suffered as a result of the misappropriation;
(2) Reasonable attorney's fees to the prevailing party if:
a. A claim of actual or threatened misappropriation is made or resisted in bad faith,
b. A motion to terminate an injunction is made or resisted in bad faith, or
c. Willful and malicious misappropriation exists; and
(3) Exemplary damages in an amount not to exceed the actual award made under subdivision (1), but not less than ten thousand dollars ($10,000), if willful and malicious misappropriation exists.
(b) In addition to the civil damages and penalties provided in subsection (a), a person who intentionally remunerates or recruits a third person for actual or threatened misappropriation of a trade secret and any person who misappropriates a trade secret shall be guilty of a Class C felony. In any criminal prosecution under this subsection against an employer based on misappropriation of a trade secret by its employee, the term intentionally shall mean that the employer remunerated an employee with the intent that the employee would misappropriate the trade secrets of another. The trade secret that was misappropriated shall be clearly identified. Mere acceptance or receipt by an employer of a trade secret of another, by itself, shall be insufficient to prove criminal liability. Each act committed under this subsection shall constitute a separate offense.
(Acts 1987, No. 87-669, p. 1195, §3; Act 2010-499, p. 781, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 27 - Alabama Trade Secrets Act. › Section 8-27-5 - Statute of Limitation.

Section 8-27-5
Statute of limitation.
An action for misappropriation must be brought within two years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.
(Acts 1987, No. 87-669, p. 1195, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 27 - Alabama Trade Secrets Act. › Section 8-27-6 - Effect on Other Law.

Section 8-27-6
Effect on other law.
Those provisions of this chapter that are inconsistent with the common law of trade secrets supersede the common law; otherwise, this chapter should be construed to be consistent with the common law of trade secrets.
(Acts 1987, No. 87-669, p. 1195, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 28 - Disposal of Molds, Dies or Patterns. › Section 8-28-1 - Definitions.

Section 8-28-1
Definitions.
As used in this chapter, the following words shall have the following meanings respectively ascribed to them, unless the context clearly indicates otherwise:
(1) CUSTOMER. Any person who causes a molder to make a form or to use a form to make a product.
(2) FORM. An object in or around which material is placed to make a mold for pouring plastic or casting metal, and includes a mold, die or pattern.
(3) MOLDER. Any person who makes a form or who uses a form to make a product.
(Acts 1989, No. 89-537, p. 1125, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 28 - Disposal of Molds, Dies or Patterns. › Section 8-28-2 - When Molder May Dispose of Form Owned by Customer.

Section 8-28-2
When molder may dispose of form owned by customer.
Unless a customer and a molder otherwise agree in writing, a molder may, as provided in Section 8-28-3, dispose of a form owned by a customer if the customer does not take from the molder physical custody of the form within three years after the molder's last prior use of the form.
(Acts 1989, No. 89-537, p. 1125, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 28 - Disposal of Molds, Dies or Patterns. › Section 8-28-3 - Procedure for Disposal; Notice.

Section 8-28-3
Procedure for disposal; notice.
A molder who wishes to dispose of a form shall send written notice by registered mail with return receipt requested to the customer's last-known address and to any address set forth in the agreement under which the molder obtained physical custody of the form. The notice shall state that the molder intends to dispose of the form. The molder may dispose of the form without liability to the customer if, within 120 days after the molder receives the return receipt of the notice or within 120 days after the molder sends notice if no return receipt is received within that period, the customer does not take physical custody of the form or enter into an agreement with the molder for taking possession or physical custody of the form.
(Acts 1989, No. 89-537, p. 1125, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 28 - Disposal of Molds, Dies or Patterns. › Section 8-28-4 - Applicability.

Section 8-28-4
Applicability.
This chapter applies to any form, whether it was last used before, on or after May 4, 1989.
(Acts 1989, No. 89-537, p. 1125, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 29 - Timely Payments to Contractors and Subcontractors. › Section 8-29-1 - Definitions.

Section 8-29-1
Definitions.
For the purpose of this chapter, the following words have the following meanings:
(1) CONTRACTOR. Any person, individual, firm, corporation, partnership, or other legal entity who contracts with an owner to improve real property or perform construction services for an owner.
(2) IMPROVE. To build, effect, alter, repair, or demolish any improvements upon, connected with, or on, or beneath the surface of any real property; to excavate, clear, grade, fill, landscape any real property; to construct driveways and roadways; to furnish materials, including trees and shrubbery, for any of these purposes; or to perform any labor upon these improvements.
(3) IMPROVEMENT. All or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, or landscaping, including trees and shrubbery, driveways, and roadways on real property.
(4) OWNER. Any person, individual, firm, corporation, partnership, or other legal entity who has an interest in the real property improved and for whom an improvement is made, who either directly or by agent ordered the improvement to be made.
(5) REAL PROPERTY. The real estate that is improved, including lands, leaseholds, tenements, and improvements placed on the real property.
(6) SUBCONTRACTOR. Any person, individual, firm, corporation, partnership, or other legal entity who has contracted to furnish labor or materials to, or has performed labor or supplied materials for a contractor in connection with a contract to improve real property.
(7) SUB-SUBCONTRACTOR. Any person, individual, firm, corporation, partnership, or other legal entity who has contracted to furnish labor or materials to, or has performed labor or supplied materials for a subcontractor in connection with a contract to improve real property.
(Acts 1995, No. 95-380, p. 775, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 29 - Timely Payments to Contractors and Subcontractors. › Section 8-29-2 - Performance in Accordance With Contract Entitles Contractor or Subcontractor to Payment.

Section 8-29-2
Performance in accordance with contract entitles contractor or subcontractor to payment.
Performance by a contractor, subcontractor, or sub-subcontractor in accordance with the provisions of his or her contract entitles them to payment from the party with whom they contract. All contracts between parties require a date of payment.
(Acts 1995, No. 95-380, p. 775, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 29 - Timely Payments to Contractors and Subcontractors. › Section 8-29-4 - Withholding Application and Certification for Payment; Withholding Payment; Notice.

Section 8-29-4
Withholding application and certification for payment; withholding payment; notice.
(a) Nothing in this chapter shall prevent the owner, contractor, or subcontractor from withholding application and certification for payment for any of the following reasons if there is a bona fide dispute over one or more of the following:
(1) Unsatisfactory job progress.
(2) Defective construction not remedied.
(3) Disputed work.
(4) Third party claims filed or reasonable evidence that a claim will be filed.
(5) Failure of the contractor, subcontractor, or sub-subcontractor to make timely payments for labor, equipment, and materials.
(6) Property damage to owner, contractor, or subcontractor.
(7) Reasonable evidence that the contract, subcontract, or sub-subcontract cannot be completed for the unpaid balance of the contract or contract sum.
(b) In the event that there is a bona fide dispute over all or any portion of the amount due on a progress payment from the owner, contractor, or subcontractor then the owner, contractor, or subcontractor may withhold payment in an amount not to exceed 2 times the disputed amount.
(c) An owner is required to notify a contractor in writing within 15 days of receipt of any disputed request for payment. A contractor, subcontractor and sub-subcontractor is required to provide written notification within 5 days of disputed request for payment or notice of disputed request for payment.
(Acts 1995, No. 95-380, p. 775, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 29 - Timely Payments to Contractors and Subcontractors. › Section 8-29-5 - Waiver of Right to Receive Interest.

Section 8-29-5
Waiver of right to receive interest.
A party may not waive the right to receive interest before a payment is due under a contract subject to this section. A party may waive the interest due on any late payment on or after the date the payment is due under Section 8-29-3.
(Acts 1995, No. 95-380, p. 775, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 29 - Timely Payments to Contractors and Subcontractors. › Section 8-29-6 - Civil Action.

Section 8-29-6
Civil action.
A contractor, subcontractor, or sub-subcontractor may file a civil action solely against the party contractually obligated for the payment of the amount claimed to recover the amount due plus the interest accrued in accordance with this chapter. If the court finds in the civil action that the owner, contractor, or subcontractor has not made payment in compliance with this chapter, the court shall award the interest specified in this chapter in addition to the amount due. In any such civil action, the party in whose favor a judgement is rendered shall be entitled to recover payment of reasonable attorneys' fees, court costs and reasonable expenses from the other party.
(Acts 1995, No. 95-380, p. 775, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 29 - Timely Payments to Contractors and Subcontractors. › Section 8-29-7 - Exemptions From Chapter.

Section 8-29-7
Exemptions from chapter.
This chapter does not apply to the following:
(1) Residential homebuilders.
(2) Improvements to real property intended for residential purposes which consist of 16 or fewer residential units.
(3) Contracts, subcontracts, or sub-subcontracts in the amount of ten thousand dollars ($10,000) or less.
(4) Contracts with the state or local governments of the State of Alabama.
(Acts 1995, No. 95-380, p. 775, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 29 - Timely Payments to Contractors and Subcontractors. › Section 8-29-8 - No Amendment of Existing Laws; Not Applicable in Certain Civil Actions.

Section 8-29-8
No amendment of existing laws; not applicable in certain civil actions.
This chapter does not amend or modify existing laws relating to mechanics and materialmen liens and shall not be applicable in civil actions pursuant to Title 35, Chapter 11, Division 8.
(Acts 1995, No. 95-380, p. 775, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 30 - Burial Services, Merchandise, and Property. › Section 8-30-1 - Definitions.

Section 8-30-1
Definitions.
The following terms shall have the following meanings:
(1) BURIAL MERCHANDISE. Any merchandise normally offered or sold by a cemetery for use in connection with the interment, entombment, or inurnment of human remains. This includes, but is not limited to, subterranean crypts, mausoleums, markers, and monuments, whether bronze or otherwise, bronze plaques and vases, mausoleum spaces to be constructed, cemetery spaces to be developed, and vaults, and also includes foundations or footings of any type.
(2) BURIAL RIGHT. The right to use a grave space, mausoleum, or columbarium for the interment, entombment, or inurnment of human remains.
(3) BURIAL SERVICE. Any service offered by a cemetery in connection with the interment, entombment, or inurnment of human remains as described in subdivision (1) of this section.
(4) CEMETERY. Any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains. It may be either a burial park for earth interments, or a mausoleum for vault or crypt interments, or a combination of one or more thereof. The term shall not include governmentally owned cemeteries, fraternal cemeteries, church and synagogue cemeteries, or family burial plots.
(5) CEMETERY COMPANY. An individual, partnership, corporation, or association now or hereafter organized, owning or controlling cemetery lands or property and conducting the business of a cemetery.
(6) PERSON. An individual, a corporation, a partnership, an association, a joint stock company, a trust, or any unincorporated organization.
(7) SALE or SELL. Every contract of sale or disposition of cemetery property, burial right, burial lot, burial services, or burial merchandise for value. The term "offer to sell," "offer for sale," or "offer" shall include any attempt or offer to dispose of, or solicitation of an offer to buy, cemetery property, burial lots, burial rights, burial services, or burial merchandise for value. This definition shall not include wholesalers of burial merchandise.
(8) SALESPERSON. An individual employed or appointed or authorized by a cemetery or cemetery company to sell cemetery property, burial lots, burial rights, burial services, or any other right or thing of value in connection with the interment of human remains. The owner of a cemetery, the executive officers, and general partners of a cemetery company shall not be deemed to be salespersons within the meaning of this definition unless they are paid a commission for the sale of the property, lots, rights, merchandise, or services.
(Acts 1995, No. 95-760, p. 1783, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 30 - Burial Services, Merchandise, and Property. › Section 8-30-2 - Schedule of Charges for Burial Services and Merchandise.

Section 8-30-2
Schedule of charges for burial services and merchandise.
Every cemetery organized under the laws of this state shall have a full and complete schedule of all charges for burial services and burial merchandise provided by the cemetery plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery.
(Acts 1995, No. 95-760, p. 1783, §2.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 30 - Burial Services, Merchandise, and Property. › Section 8-30-3 - Prohibited Actions.

Section 8-30-3
Prohibited actions.
It shall be unlawful for any cemetery:
(1) To sell or offer to sell any cemetery property, burial lot, burial rights, burial services, or burial merchandise by means of any oral or written untrue statement of a material fact or any omission of a material fact.
(2) In connection with the offer, sale, or purchase of any cemetery property, burial lot, burial rights, burial services, or burial merchandise, directly or indirectly:
a. To employ any device, scheme, or artifice to defraud.
b. To engage in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller.
(3) To sell or offer to sell any cemetery property, burial lot, burial rights, burial services, or burial merchandise by means of any oral or written contract at a price that is above the posted amount.
(Acts 1995, No. 95-760, p. 1783, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 30 - Burial Services, Merchandise, and Property. › Section 8-30-4 - Penalty for Violation of Chapter.

Section 8-30-4
Penalty for violation of chapter.
Any person who violates this chapter is guilty of a Class A misdemeanor.
(Acts 1995, No. 95-760, p. 1783, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 31 - Alabama Unconscionable Pricing Act. › Section 8-31-1 - Short Title.

Section 8-31-1
Short title.
This chapter shall be known and may be cited as the "Alabama Unconscionable Pricing Act."
(Acts 1996, No. 96-171, p. 195, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 31 - Alabama Unconscionable Pricing Act. › Section 8-31-2 - Definitions.

Section 8-31-2
Definitions.
As used in this chapter, the following words and phrases have the following meanings unless a different meaning is required by the context:
(1) COMMODITY. Any goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, all services offered or provided or work performed or offered to be performed as an occupation or business to consumers and food, water, ice, chemicals, petroleum products, and lumber necessary for consumption or use as a direct result of the emergency.
(2) PERSON. Shall include, but not be limited to, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity.
(3) RENTAL FACILITY. Shall include, but not be limited to, any hotel, motel, boarding house, dwelling house, and self storage facility offered for rent or lease.
(Acts 1996, No. 96-171, p. 195, §2; Act 2003-336, p. 843, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 31 - Alabama Unconscionable Pricing Act. › Section 8-31-3 - Prohibition of Unconscionable Pricing During Declared State of Emergency.

Section 8-31-3
Prohibition of unconscionable pricing during declared state of emergency.
It is unlawful and a violation of Section 8-19-5, for any person to impose unconscionable prices for the sale or rental of any commodity or rental facility during the period of a declared state of emergency.
(Acts 1996, No. 96-171, p. 195, §3.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 31 - Alabama Unconscionable Pricing Act. › Section 8-31-4 - Determination of Unconscionable Price During a State of Emergency.

Section 8-31-4
Determination of unconscionable price during a state of emergency.
It is prima facie evidence that a price is unconscionable if any person, during a state of emergency declared pursuant to the powers granted to the Governor in Section 31-9-8, charges a price that exceeds, by an amount equal to or in excess of twenty-five percent the average price at which the same or similar commodity or rental facility was obtainable in the affected area during the last 30 days immediately prior to the declared state of emergency and the increase in the price charged is not attributable to reasonable costs incurred in connection with the rental or sale of the commodity.
(Acts 1996, No. 96-171, p. 195, §4; Act 2001-1104, 4th Sp. Sess., p. 1168, §1; Act 2003-336, p. 843, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 31 - Alabama Unconscionable Pricing Act. › Section 8-31-5 - Penalties for Violation of Chapter; Penalties Collected Remitted to State Treasurer; Suspension or Revocation of License or Certificate.

Section 8-31-5
Penalties for violation of chapter; penalties collected remitted to State Treasurer; suspension or revocation of license or certificate.
(a) Upon an entry of judgement or decree for a violation of this chapter, the court shall impose a civil penalty not to exceed one thousand dollars ($1,000) per violation with an aggregate total not to exceed twenty-five thousand dollars ($25,000) for any 24-hour period.
(b) All penalties collected under this chapter shall be remitted by the circuit court to the State Treasurer and shall be credited to the account of either the office of the Attorney General or the office of the district attorney whichever initiated the action resulting in the imposition of such penalties.
(c) Upon a showing to the court by the office of the Attorney General or the office of the district attorney that a person has engaged in continuous and willful violations of this chapter, the court may suspend or revoke any license or certificate authorizing that person to engage in business in this state or the court may enjoin any person from engaging in business in this state.
(Acts 1996, No. 96-171, p. 195, §5.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 31 - Alabama Unconscionable Pricing Act. › Section 8-31-6 - Private Cause of Action Not Created.

Section 8-31-6
Private cause of action not created.
Nothing in this chapter creates a private cause of action in favor of any person damaged by a violation of this chapter.
(Acts 1996, No. 96-171, p. 195, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-1 - Purpose.

Section 8-32-1
Purpose.
(a) The purpose of this chapter is to create a framework to regulate service contracts sold to consumers in this state.
(b) The following are exempt from Sections 8-32-2 to 8-32-12, inclusive, of this chapter:
(1) Warranties.
(2) Maintenance agreements.
(3) Warranties, service contracts, or maintenance agreements offered by electric, gas, water, or telephone utilities on their transmission devices.
(4) Service contracts sold or offered for sale in commercial transactions.
(5) Service contracts sold or offered for sale to persons other than consumers.
(6) Service contracts sold at the point of sale, or within 60 days of the original purchase date of the property, which cover tangible property where the tangible property for which the service contract is sold, has a purchase price of two hundred and fifty dollars ($250) or less, exclusive of sales tax.
(c) Manufacturer's service contracts on the manufacturer's products and service contracts sold or offered for sale by Alabama electric cooperatives, and their subsidiaries and affiliates, including without limitation, affiliates managed or controlled by electric cooperatives, are required to comply only with Section 8-32-3(a), Section 8-32-3(g), Section 8-32-5(a), Section 8-32-5(d) to (n), inclusive, Section 8-32-6, Section 8-32-10(a), and Section 8-32-10(c) to (f), inclusive, as applicable, of this chapter.
(d) The types of agreements referred to in subsections (b) and (c) are not insurance for any purpose including, without limitation, compliance with the Alabama Insurance Code.
(Acts 1997, No. 97-445, p. 753, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-4 - Required Provisions, Reimbursement Insurance Policy.

Section 8-32-4
Required provisions, reimbursement insurance policy.
Reimbursement insurance policies insuring service contracts sold in this state shall provide that, upon failure of the provider to perform under the service contract, including, without limitation, failure to refund or credit the unearned portion of the purchase price of the service contract to the extent required by this chapter, the insurer that issued the reimbursement insurance policy shall pay on behalf of the provider any sums the provider is legally obligated to pay to a service contract holder, or shall provide the service which the provider is legally obligated to perform, according to the provider's contractual obligations under the service contracts sold by the provider. The reimbursement insurance company shall be responsible to refund only the unearned premium net of the unearned provider fee, and the provider shall be responsible for refunding or crediting the unearned provider fee in excess of the unearned premium. If the provider fails to refund or credit any portion of the unearned provider fee required to be refunded or credited by this chapter, the reimbursement insurance company shall be responsible for the entire refund of the unearned premium and unearned provider fee. The amount of the reserve relative to the unearned provider fee to be maintained by the reimbursement insurance company shall be based on the loss experience of the reimbursement insurance company as certified by an actuary.
(Acts 1997, No. 97-445, p. 753, §4.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-6 - Prohibited Acts.

Section 8-32-6
Prohibited acts.
(a) A provider shall not use in its name the words insurance, casualty, surety, mutual, or any other words descriptive of the insurance, casualty, or surety business; or a name deceptively similar to the name or description of any insurance or surety corporation, or to the name of any other provider. The word "guaranty" or similar word may be used by a provider. This section shall not apply to a company that was using any of the prohibited language in its name prior to August 1, 1997. However, a company using the prohibited language in its name shall include in its service contracts a statement in substantially the following form: "This agreement is not an insurance contract."
(b) A person, such as a bank, savings and loan association, lending institution, manufacturer, or seller of any product, shall not require the purchase of a service contract as a condition of a loan or a condition for the sale of any property.
(Acts 1997, No. 97-445, p. 753, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-7 - Record Keeping Requirements.

Section 8-32-7
Record keeping requirements.
(a)(1) The provider shall keep accurate accounts, books, and records concerning transactions regulated under this chapter.
(2) The provider's accounts, books, and records shall include the following:
a. Copies of each type of service contract sold.
b. The name and address of each service contract holder to the extent that the name and address have been furnished by the service contract holder.
c. A list of the locations where service contracts are marketed, sold, or offered for sale.
d. Recorded claims files which shall contain at least the dates, amounts, and description of all receipts, claims, and expenditures related to the service contracts.
(3) The provider shall retain all records required to be maintained by this subsection (a) for at least three years after the specified period of coverage has expired.
(4) The records required under this chapter may be, but are not required to be, maintained on a computer disk or other record keeping technology. If the records are maintained in other than hard copy, the records shall be capable of duplication to legible hard copy at the request of the commissioner.
(b) A provider discontinuing business in this state shall maintain its records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to service contract holders in this state.
(Acts 1997, No. 97-445, p. 753, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-8 - Cancellation of Reimbursement Insurance Policy.

Section 8-32-8
Cancellation of reimbursement insurance policy.
To the extent applicable, an insurer that issued a reimbursement insurance policy shall not terminate the policy until a notice of termination in accordance with Chapter 40 of Title 27 has been mailed or delivered to the commissioner. The termination of a reimbursement insurance policy shall not reduce the issuer's responsibility for service contracts sold by providers which it insured prior to the date of the termination.
(Acts 1997, No. 97-445, p. 753, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-9 - Obligation of Reimbursement Insurance Policy Insurers.

Section 8-32-9
Obligation of reimbursement insurance policy insurers.
(a) Where reimbursement insurance is applicable, providers are considered to be the agent of the insurer which issued the reimbursement insurance policy solely for purposes of obligating the insurers to service contract holders in accordance with the service contract and this chapter. In cases where a provider is acting as an administrator and enlists other providers, the provider acting as the administrator shall notify the insurer of the existence and identities of the other providers.
(b) This chapter shall not prevent or limit the right of an insurer which issued a reimbursement insurance policy to seek indemnification or subrogation against a provider if the insurer pays or is obligated to pay the service contract holder sums that the provider was obligated to pay pursuant to the provisions of the service contract.
(Acts 1997, No. 97-445, p. 753, §9.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-12 - Service Contracts Prior to January 1, 1998.

Section 8-32-12
Service contracts prior to January 1, 1998.
Service contracts entered into prior to January 1, 1998, and renewals thereof, may but are not required to comply with this chapter. Providers and other persons are not required to comply with this chapter until January 1, 1998. A provider or other person may, but is not required to, implement the requirements of this chapter prior to January 1, 1998. The failure of a provider or other person to comply with this chapter or otherwise to administer a service contract plan, in the manner required by this chapter prior to January 1, 1998, shall not be admissible in any court, arbitration, or alternative dispute resolution proceedings or otherwise used to prove that the action of any person or the service contract was unlawful or otherwise improper.
(Acts 1997, No. 97-445, p. 753, §13.)