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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-18/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-18 - Contents of Registration.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-18 - Contents of Registration.
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Section 8-26-18
Contents of registration.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §18.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-19/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-19 - Applicability of Registration.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-19 - Applicability of Registration.
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Section 8-26-19
Applicability of registration.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §19.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-20 - Certificate of Convenience Where Registered Person Has Died, Been Declared Incompe...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-20 - Certificate of Convenience Where Registered Person Has Died, Been Declared Incompetent, or for Whose Estate a Conservator Has Been Appointed.
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Section 8-26-20
Certificate of convenience where registered person has died, been declared incompetent, or for whose estate a conservator has been appointed.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §20.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-21/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-21 - Eligibility for Certificate of Convenience; Duration and Renewal of Certificate.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-21 - Eligibility for Certificate of Convenience; Duration and Renewal of Certificate.
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Section 8-26-21
Eligibility for certificate of convenience; duration and renewal of certificate.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §21.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-22/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-22 - Contracts - Approved Form and Content; Agent to Register Presence on Campus, etc.;...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-22 - Contracts - Approved Form and Content; Agent to Register Presence on Campus, etc.; Notice of Negotiations, etc.; Contract Requirements; Rescission; Penalties.
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Section 8-26-22
Contracts - Approved form and content; agent to register presence on campus, etc.; notice of negotiations, etc.; contract requirements; rescission; penalties.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §22; Act 98–132, p. 194, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-23/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-23 - Contracts — Statement That Amateur Standing May Be Jeopardized.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-23 - Contracts — Statement That Amateur Standing May Be Jeopardized.
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Section 8-26-23
Contracts — Statement that amateur standing may be jeopardized.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §23.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-24/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-24 - Limit on Athlete Agent's Fee.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-24 - Limit on Athlete Agent's Fee.
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Section 8-26-24
Limit on athlete agent's fee.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §24; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-25/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-25 - Trust Fund Where Athlete Agent Is Recipient of Athlete's Salary.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-25 - Trust Fund Where Athlete Agent Is Recipient of Athlete's Salary.
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Section 8-26-25
Trust fund where athlete agent is recipient of athlete's salary.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §25.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-26/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-26 - Records to Be Kept by Athlete Agent.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-26 - Records to Be Kept by Athlete Agent.
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Section 8-26-26
Records to be kept by athlete agent.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §26; Acts 1994, 1st Ex. Sess., No. 94-828, p. 162, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-27/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-27 - Maintenance of Financial and Business Records; Access to Records by Commission; Su...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-27 - Maintenance of Financial and Business Records; Access to Records by Commission; Subpoena Power.
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Section 8-26-27
Maintenance of financial and business records; access to records by commission; subpoena power.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §27; Act 98–132, p. 194, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-28/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-28 - Rules and Regulations.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-28 - Rules and Regulations.
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Section 8-26-28
Rules and regulations.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §28.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-29/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-29 - Sale or Transfer of Athlete Agent's Interest in Profits of the Athlete Agent.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-29 - Sale or Transfer of Athlete Agent's Interest in Profits of the Athlete Agent.
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Section 8-26-29
Sale or transfer of athlete agent's interest in profits of the athlete agent.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §29.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-30/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-30 - Interest in Entity Directly Involved in Same Sport Prohibited.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-30 - Interest in Entity Directly Involved in Same Sport Prohibited.
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Section 8-26-30
Interest in entity directly involved in same sport prohibited.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §30.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-31/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-31 - Disclosure of Athlete Agent's Interest in Entity Used in Giving Investment Advice.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-31 - Disclosure of Athlete Agent's Interest in Entity Used in Giving Investment Advice.
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Section 8-26-31
Disclosure of athlete agent's interest in entity used in giving investment advice.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §31.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-32/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-32 - Contracts in Violation of Law.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-32 - Contracts in Violation of Law.
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Section 8-26-32
Contracts in violation of law.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §32.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-33/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-33 - Publication of False, Fraudulent, etc., Information; Advertisements of Athlete Age...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-33 - Publication of False, Fraudulent, etc., Information; Advertisements of Athlete Agent; False Information or Promises Concerning Employment.
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Section 8-26-33
Publication of false, fraudulent, etc., information; advertisements of athlete agent; false information or promises concerning employment.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §33.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-34/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-34 - Division of Fees With Professional Sports League Prohibited; Offers of Compensatio...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-34 - Division of Fees With Professional Sports League Prohibited; Offers of Compensation to University Employees for Referrals; Employee of Union or Players Association May Not Have Interest in Revenues.
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Section 8-26-34
Division of fees with professional sports league prohibited; offers of compensation to university employees for referrals; employee of union or players association may not have interest in revenues.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §34.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-35/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-35 - Limit on Athlete Agent's Fee Where Athlete Fails to Procure or Be Paid for Employm...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-35 - Limit on Athlete Agent's Fee Where Athlete Fails to Procure or Be Paid for Employment.
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Section 8-26-35
Limit on athlete agent's fee where athlete fails to procure or be paid for employment.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §35.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-36/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-36 - Parties to Action Against Athlete Agent; Transfer and Assignment of Action; Jurisd...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-36 - Parties to Action Against Athlete Agent; Transfer and Assignment of Action; Jurisdiction Determined by Damages Claimed.
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Section 8-26-36
Parties to action against athlete agent; transfer and assignment of action; jurisdiction determined by damages claimed.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §36.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-37/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-37 - Service of Process Where Athlete Agent Departs State With Intent to Defraud or Avo...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-37 - Service of Process Where Athlete Agent Departs State With Intent to Defraud or Avoid Service.
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Section 8-26-37
Service of process where athlete agent departs state with intent to defraud or avoid service.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §37.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-38/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-38 - Referral of Disputes to Commission; Appeal; Certification That No Controversy Exis...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-38 - Referral of Disputes to Commission; Appeal; Certification That No Controversy Exists.
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Section 8-26-38
Referral of disputes to commission; appeal; certification that no controversy exists.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §38.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-39/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-39 - Validity of Provisions as to Arbitration, Existence of Contract, Validity, Constru...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-39 - Validity of Provisions as to Arbitration, Existence of Contract, Validity, Construction, Performance, Nonperformance, Breach, Operation, Continuance, or Termination.
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Section 8-26-39
Validity of provisions as to arbitration, existence of contract, validity, construction, performance, nonperformance, breach, operation, continuance, or termination.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §39.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-40/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-40 - Effect of Failure to Comply With Section 8-26-4.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-40 - Effect of Failure to Comply With Section 8-26-4.
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Section 8-26-40
Effect of failure to comply with Section 8-26-4.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §40.)
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https://law.justia.com/codes/alabama/title-8/chapter-26/section-8-26-41/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26 - Alabama Athlete Agents Regulatory Act.›Section 8-26-41 - Penalties for Violation of Chapter.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26 - Alabama Athlete Agents Regulatory Act. › Section 8-26-41 - Penalties for Violation of Chapter.
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Section 8-26-41
Penalties for violation of chapter.
Repealed by Act 2001-701, § 3, effective October 1, 2001.
(Acts 1987, No. 87-628, p. 1115, §41; Act 98–132, p. 194, § 2.)
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https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-1 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-1 - Short Title.
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Section 8-26A-1
Short title.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-2 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-2 - Definitions.
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Section 8-26A-2
Definitions.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-3/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-3 - Administration; Service of Process; Subpoenas.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-3 - Administration; Service of Process; Subpoenas.
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Section 8-26A-3
Administration; service of process; subpoenas.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-4/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-4 - Athlete Agents; Registration Required; Void Contracts.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-4 - Athlete Agents; Registration Required; Void Contracts.
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Section 8-26A-4
Athlete agents; registration required; void contracts.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-5/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-5 - Registration as Athlete Agent; Form; Requirements.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-5 - Registration as Athlete Agent; Form; Requirements.
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Section 8-26A-5
Registration as athlete agent; form; requirements.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1; Act 2011-173, p. 337, §3.)
|
https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-6/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-6 - Certificate of Registration; Issuance or Denial; Renewal.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-6 - Certificate of Registration; Issuance or Denial; Renewal.
|
Section 8-26A-6
Certificate of registration; issuance or denial; renewal.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-7 - Suspension, Revocation, or Refusal to Renew Registration.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-7 - Suspension, Revocation, or Refusal to Renew Registration.
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Section 8-26A-7
Suspension, revocation, or refusal to renew registration.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
|
https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-8/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-8 - Temporary Registration.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-8 - Temporary Registration.
|
Section 8-26A-8
Temporary registration.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-9 - Registration and Renewal Fees.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-9 - Registration and Renewal Fees.
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Section 8-26A-9
Registration and renewal fees.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-10 - Required Form of Contract.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-10 - Required Form of Contract.
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Section 8-26A-10
Required form of contract.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-11 - Notice of Contract to Educational Institution.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-11 - Notice of Contract to Educational Institution.
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Section 8-26A-11
Notice of contract to educational institution.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-12 - Student-Athlete's Right to Cancel.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-12 - Student-Athlete's Right to Cancel.
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Section 8-26A-12
Student-athlete's right to cancel.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-13 - Required Records.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-13 - Required Records.
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Section 8-26A-13
Required records.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-14 - Prohibited Conduct.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-14 - Prohibited Conduct.
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Section 8-26A-14
Prohibited conduct.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-15 - Criminal Penalties.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-15 - Criminal Penalties.
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Section 8-26A-15
Criminal penalties.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-16 - Civil Remedies.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-16 - Civil Remedies.
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Section 8-26A-16
Civil remedies.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-17/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-17 - Administrative Penalty.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-17 - Administrative Penalty.
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Section 8-26A-17
Administrative penalty.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26a/article-1/section-8-26a-18/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26A-18 - Uniformity of Application and Construction.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26A-18 - Uniformity of Application and Construction.
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Section 8-26A-18
Uniformity of application and construction.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26a/article-2/section-8-26a-30/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 2 - Commission and Disposition of Funds.›Section 8-26A-30 - Alabama Athlete Agents Commission Continued; Members; Terms of Office; Vacancies;...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 2 - Commission and Disposition of Funds. › Section 8-26A-30 - Alabama Athlete Agents Commission Continued; Members; Terms of Office; Vacancies; Reappointment; Oath; Removal; Officers; Quorum; Records; Annual Register; Employees, Rules and Regulations; Compensation and Expenses.
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Section 8-26A-30
Alabama Athlete Agents Commission continued; members; terms of office; vacancies; reappointment; oath; removal; officers; quorum; records; annual register; employees, rules and regulations; compensation and expenses.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1, Act 2003-59, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26a/article-2/section-8-26a-31/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26A - Alabama Uniform Athlete Agents Act.›Article 2 - Commission and Disposition of Funds.›Section 8-26A-31 - Disposition of Moneys and Fines Collected; Alabama Athlete Agents Fund.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26A - Alabama Uniform Athlete Agents Act. › Article 2 - Commission and Disposition of Funds. › Section 8-26A-31 - Disposition of Moneys and Fines Collected; Alabama Athlete Agents Fund.
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Section 8-26A-31
Disposition of moneys and fines collected; Alabama Athlete Agents Fund.
Repealed by Act 2016-415, §2, effective October 1, 2016.
(Act 2001-701, p. 1494, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-1 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-1 - Short Title.
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Section 8-26B-1
Short title.
This chapter may be cited as the Revised Uniform Athlete Agents Act (2016).
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-2 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-2 - Definitions.
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Section 8-26B-2
Definitions.
In this chapter:
(1) "Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or endorsement contract.
(2) "Athlete agent":
(A) means an individual, whether or not registered under this chapter, who:
(i) directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;
(ii) for compensation or in anticipation of compensation related to a student athlete's participation in athletics:
(I) serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or
(II) manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or
(iii) in anticipation of representing a student athlete for a purpose related to the athlete's participation in athletics:
(I) gives consideration to the student athlete or another person;
(II) serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or
(III) manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; but
(B) does not include an individual who:
(i) acts solely on behalf of a professional sports team or organization; or
(ii) is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual:
(I) also recruits or solicits the athlete to enter into an agency contract;
(II) also, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or
(III) receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete.
(3) "Athletic director" means the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.
(4) "Educational institution" includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university.
(5) "Endorsement contract" means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.
(6) "Enrolled" means registered for courses and attending athletic practice or class. "Enrolls" has a corresponding meaning.
(7) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics.
(8) "Interscholastic sport" means a sport played between educational institutions that are not community colleges, colleges, or universities.
(9) "Licensed, registered, or certified professional" means an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or member of a profession, other than that of athlete agent, who is licensed, registered, or certified by the state or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing.
(10) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(11) "Professional-sports-services contract" means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization.
(12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) "Recruit or solicit" means attempt to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. The term does not include giving advice on the selection of a particular agent in a family, coaching, or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent.
(14) "Registration" means registration as an athlete agent under this chapter.
(15) "Sign" means, with present intent to authenticate or adopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record an electronic symbol, sound, or process.
(16) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(17) "Student athlete" means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. The term does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-3 - Secretary of State; Authority; Procedure.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-3 - Secretary of State; Authority; Procedure.
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Section 8-26B-3
Secretary of State; authority; procedure.
(a) The Alabama Administrative Procedure Act applies to this chapter. The Secretary of State may adopt rules under the act to implement this chapter.
(b) By acting as an athlete agent in this state, a nonresident individual appoints the Secretary of State as the individual's agent for service of process in any civil action in this state related to the individual acting as an athlete agent in this state.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-4 - Athlete Agent; Registration Required; Void Contract.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-4 - Athlete Agent; Registration Required; Void Contract.
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Section 8-26B-4
Athlete agent; registration required; void contract.
(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this state without holding a certificate of registration under this chapter.
(b) Before being issued a certificate of registration under this chapter, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if:
(1) a student athlete or another person acting on behalf of the athlete initiates communication with the individual; and
(2) not later than seven days after an initial act that requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in this state.
(c) An agency contract resulting from conduct in violation of this section is void, and the athlete agent shall return any consideration received under the contract.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-5 - Registration as Athlete Agent; Application; Requirements; Reciprocal Registration.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-5 - Registration as Athlete Agent; Application; Requirements; Reciprocal Registration.
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Section 8-26B-5
Registration as athlete agent; application; requirements; reciprocal registration.
(a) An applicant for registration as an athlete agent shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. The applicant must be an individual, and the application must be signed by the applicant under penalty of perjury. The application must contain at least the following:
(1) the name and date and place of birth of the applicant and the following contact information for the applicant:
(A) the address of the applicant's principal place of business;
(B) work and mobile telephone numbers; and
(C) any means of communicating electronically, including a facsimile number, electronic-mail address, and personal and business or employer websites;
(2) the name of the applicant's business or employer, if applicable, including for each business or employer, its mailing address, telephone number, organization form, and the nature of the business;
(3) each social-media account with which the applicant or the applicant's business or employer is affiliated;
(4) each business or occupation in which the applicant engaged within five years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time;
(5) a description of the applicant's:
(A) formal training as an athlete agent;
(B) practical experience as an athlete agent; and
(C) educational background relating to the applicant's activities as an athlete agent;
(6) the name of each student athlete for whom the applicant acted as an athlete agent within five years before the date of the application or, if the individual is a minor, the name of the parent or guardian of the minor, together with the athlete's sport and last-known team;
(7) the name and address of each person that:
(A) is a partner, member, officer, manager, associate, or profit sharer or directly or indirectly holds an equity interest of five percent or greater of the athlete agent's business if it is not a corporation; and
(B) is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of five percent or greater in the corporation;
(8) a description of the status of any application by the applicant, or any person named under paragraph (7), for a state or federal business, professional, or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license;
(9) whether the applicant, or any person named under paragraph (7), has pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this state and, if so, identification of:
(A) the crime;
(B) the law-enforcement agency involved; and
(C) if applicable, the date of the conviction and the fine or penalty imposed;
(10) whether, within 15 years before the date of application, the applicant, or any person named under paragraph (7), has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding;
(11) whether the applicant, or any person named under paragraph (7), has an unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order in the nature of child support, which is not current at the date of the application;
(12) whether, within 10 years before the date of application, the applicant, or any person named under paragraph (7), was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;
(13) whether there has been any administrative or judicial determination that the applicant, or any person named under paragraph (7), made a false, misleading, deceptive, or fraudulent representation;
(14) each instance in which conduct of the applicant, or any person named under paragraph (7), resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student athlete or a sanction on an educational institution;
(15) each sanction, suspension, or disciplinary action taken against the applicant, or any person named under paragraph (7), arising out of occupational or professional conduct;
(16) whether there has been a denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant, or any person named under paragraph (7), as an athlete agent in any state;
(17) each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent;
(18) if the applicant is certified or registered by a professional league or players association:
(A) the name of the league or association;
(B) the date of certification or registration, and the date of expiration of the certification or registration, if any; and
(C) if applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and
(19) any additional information required by the Secretary of State.
(b) Instead of proceeding under subsection (a), an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this state by submitting to the Secretary of State:
(1) a copy of the application for registration in the other state;
(2) a statement that identifies any material change in the information on the application or verifies there is no material change in the information, signed under penalty of perjury; and
(3) a copy of the certificate of registration from the other state.
(c) The Secretary of State shall issue a certificate of registration to an individual who applies for registration under subsection (b) if the Secretary of State determines:
(1) the application and registration requirements of the other state are substantially similar to or more restrictive than this chapter; and
(2) the registration has not been revoked or suspended and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state.
(d) For purposes of implementing subsection (c), the Secretary of State shall:
(1) cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this chapter; and
(2) exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-6 - Certificate of Registration; Issuance or Denial; Renewal.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-6 - Certificate of Registration; Issuance or Denial; Renewal.
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Section 8-26B-6
Certificate of registration; issuance or denial; renewal.
(a) Except as otherwise provided in subsection (b), the Secretary of State shall issue a certificate of registration to an applicant for registration who complies with Section 8-26B-5(a).
(b) The Secretary of State may refuse to issue a certificate of registration to an applicant for registration under Section 8-26B-5(a) if the Secretary of State determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant's fitness to act as an athlete agent. In making the determination, the Secretary of State may consider whether the applicant has:
(1) pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this state;
(2) made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;
(3) engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(4) engaged in conduct prohibited by Section 8-26B-14;
(5) had a registration as an athlete agent suspended, revoked, or denied in any state;
(6) been refused renewal of registration as an athlete agent in any state;
(7) engaged in conduct resulting in imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student athlete or a sanction on an educational institution; or
(8) engaged in conduct that adversely reflects on the applicant’s credibility, honesty, or integrity.
(c) In making a determination under subsection (b), the Secretary of State shall consider:
(1) how recently the conduct occurred;
(2) the nature of the conduct and the context in which it occurred; and
(3) other relevant conduct of the applicant.
(d) An athlete agent registered under subsection (a) may apply to renew the registration by submitting an application for renewal in a form prescribed by the Secretary of State. The applicant shall sign the application for renewal under penalty of perjury and include current information on all matters required in an original application for registration.
(e) An athlete agent registered under Section 8-26B-5(c) may renew the registration by proceeding under subsection (d) or, if the registration in the other state has been renewed, by submitting to the Secretary of State copies of the application for renewal in the other state and the renewed registration from the other state. The Secretary of State shall renew the registration if the Secretary of State determines:
(1) the registration requirements of the other state are substantially similar to or more restrictive than this chapter; and
(2) the renewed registration has not been suspended or revoked and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state.
(f) A certificate of registration or renewal of registration under this chapter is valid for two years.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-7 - Suspension, Revocation, or Refusal to Renew Registration.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-7 - Suspension, Revocation, or Refusal to Renew Registration.
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Section 8-26B-7
Suspension, revocation, or refusal to renew registration.
(a) The Secretary of State may limit, suspend, revoke, or refuse to renew a registration of an individual registered under Section 8-26B-6(a) for conduct that would have justified refusal to issue a certificate of registration under Section 8-26B-6(b).
(b) The Secretary of State may suspend or revoke the registration of an individual registered under Section 8-26B-5(c) or renewed under Section 8-26B-6(e) for any reason for which the Secretary of State could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration under Section 8-26B-6(b).
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-8 - Temporary Registration.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-8 - Temporary Registration.
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Section 8-26B-8
Temporary registration.
The Secretary of State may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-9 - Registration and Renewal Fees.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-9 - Registration and Renewal Fees.
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Section 8-26B-9
Registration and renewal fees.
An application for registration or renewal of registration as an athlete agent must be accompanied by a fee in the following amount:
(1) Two hundred dollars ($200) for an initial application for registration;
(2) One hundred dollars ($100) for registration based on a certificate of registration issued by another state;
(3) One hundred dollars ($100) for an application for renewal of registration; or
(4) One hundred dollars ($100) for renewal of registration based on a renewal of registration in another state.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-10 - Required Form of Agency Contract.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-10 - Required Form of Agency Contract.
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Section 8-26B-10
Required form of agency contract.
(a) An agency contract must be in a record signed by the parties.
(b) An agency contract must contain:
(1) a statement that the athlete agent is registered as an athlete agent in this state and a list of any other states in which the agent is registered as an athlete agent;
(2) the amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the agent under the contract and any other consideration the agent has received or will receive from any other source for entering into the contract or providing the services;
(3) the name of any person not listed in the agent's application for registration or renewal of registration which will be compensated because the athlete signed the contract;
(4) a description of any expenses the athlete agrees to reimburse;
(5) a description of the services to be provided to the athlete;
(6) the duration of the contract; and
(7) the date of execution.
(c) Subject to subsection (g), an agency contract must contain a conspicuous notice in boldface type and in substantially the following form:
WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.
(d) An agency contract must be accompanied by a separate record signed by the student athlete or, if the athlete is a minor, the parent or guardian of the athlete acknowledging that signing the contract may result in the loss of the athlete's eligibility to participate in the athlete's sport.
(e) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned.
(f) At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the athlete is a minor, the parent or guardian of the athlete a copy in a record of the contract and the separate acknowledgement required by subsection (d).
(g) If a student athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by subsection (c) must be revised accordingly.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-11 - Notice to Educational Institution.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-11 - Notice to Educational Institution.
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Section 8-26B-11
Notice to educational institution.
(a) In this section, "communicating or attempting to communicate" means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message.
(b) Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the athlete is enrolled or at which the agent has reasonable grounds to believe the athlete intends to enroll.
(c) Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete shall inform the athletic director of the educational institution at which the athlete is enrolled that the athlete has entered into an agency contract and the name and contact information of the athlete agent.
(d) If an athlete agent enters into an agency contract with a student athlete and the athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not later than 72 hours after the agent knew or should have known the athlete enrolled.
(e) If an athlete agent has a relationship with a student athlete before the athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the institution of the relationship not later than 10 days after the enrollment if the agent knows or should have known of the enrollment and:
(1) the relationship was motivated in whole or part by the intention of the agent to recruit or solicit the athlete to enter an agency contract in the future; or
(2) the agent directly or indirectly recruited or solicited the athlete to enter an agency contract before the enrollment.
(f) An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the agent communicates or attempts to communicate with:
(1) the athlete or, if the athlete is a minor, a parent or guardian of the athlete, to influence the athlete or parent or guardian to enter into an agency contract; or
(2) another individual to have that individual influence the athlete or, if the athlete is a minor, the parent or guardian of the athlete to enter into an agency contract.
(g) If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the athlete, the agent shall notify in a record the athletic director of any educational institution at which the athlete is enrolled. The notification must be made not later than 10 days after the communication or attempt.
(h) An educational institution that becomes aware of a violation of this chapter by an athlete agent shall notify the Secretary of State and any professional league or players association with which the institution is aware the agent is licensed or registered of the violation.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-12 - Student Athlete's Right to Cancel.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-12 - Student Athlete's Right to Cancel.
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Section 8-26B-12
Student athlete's right to cancel.
(a) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than 14 days after the contract is signed.
(b) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may not waive the right to cancel an agency contract.
(c) If a student athlete, parent, or guardian cancels an agency contract, the athlete, parent, or guardian is not required to pay any consideration under the contract or return any consideration received from the athlete agent to influence the athlete to enter into the contract.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-13 - Required Records.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-13 - Required Records.
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Section 8-26B-13
Required records.
(a) An athlete agent shall create and retain for five years records of the following:
(1) the name and address of each individual represented by the agent;
(2) each agency contract entered into by the agent; and
(3) the direct costs incurred by the agent in the recruitment or solicitation of each student athlete to enter into an agency contract.
(b) Records described in subsection (a) are open to inspection by the Secretary of State during normal business hours.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-14 - Prohibited Conduct; Payment of Expenses Under Certain Circumstances.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-14 - Prohibited Conduct; Payment of Expenses Under Certain Circumstances.
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Section 8-26B-14
Prohibited conduct; payment of expenses under certain circumstances.
(a) Except as otherwise provided in subsection (c), an athlete agent, with the intent to influence a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, to enter into an agency contract, may not take any of the following actions or encourage any other individual to take or assist any other individual in taking any of the following actions on behalf of the agent:
(1) give materially false or misleading information or make a materially false promise or representation;
(2) furnish anything of value to the athlete before the athlete enters into the contract; or
(3) furnish anything of value to an individual other than the athlete or another registered athlete agent.
(b) An athlete agent may not intentionally do any of the following or encourage any other individual to do any of the following on behalf of the agent:
(1) initiate contact, directly or indirectly, with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent, or guardian to enter an agency contract unless registered under this chapter;
(2) fail to create or retain or to permit inspection of the records required by Section 8-26B-13;
(3) fail to register when required by Section 8-26B-4;
(4) provide materially false or misleading information in an application for registration or renewal of registration;
(5) predate or postdate an agency contract; or
(6) fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, before the athlete, parent, or guardian signs an agency contract for a particular sport that the signing may make the athlete ineligible to participate as a student athlete in that sport.
(c) An athlete agent registered under this chapter who is certified as an athlete agent in a particular sport by a national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student athlete in the sport may pay expenses incurred before the signing of an agency contract by a student athlete, a family member of the student athlete, and an individual who is a member of a class of individuals authorized to receive payment for the expenses by the national association that certified the agent, if the expenses are:
(1) for the benefit of an athlete who is a member of a class of athletes authorized to receive the benefit by the national association;
(2) of a type authorized to be paid by a certified agent by the national association;
(3) for a purpose authorized by the national association; and
(4) with respect to an athlete who is a secondary school student, allowed by the interscholastic association that determines eligibility for the athlete.
(Act 2016-415, p. 1160, §1; Act 2019-504, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-15 - Criminal Penalties.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-15 - Criminal Penalties.
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Section 8-26B-15
Criminal penalties.
(a) The commission of any conduct prohibited in subsection (a) of Section 8-26B-14 by an individual required by this chapter to register as an athlete agent who has intentionally not registered under this chapter is a Class B felony.
(b) Except for subdivision (1) of subsection (b) of Section 8-26B-14, the commission of any conduct prohibited in Section 8-26B-14 by an athlete agent who has registered under this chapter is a Class C felony.
(c) The commission of any conduct prohibited in subdivision (1) of subsection (b) of Section 8-26B-14 by an athlete agent who has registered under this chapter is a Class A misdemeanor.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-16 - Civil Remedy.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-16 - Civil Remedy.
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Section 8-26B-16
Civil remedy.
(a) An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution:
(1) is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or
(2) suffers financial damage.
(b) A plaintiff that prevails in an action under this section may recover actual damages, costs, and reasonable attorney's fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-17/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-17 - Civil Penalty.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-17 - Civil Penalty.
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Section 8-26B-17
Civil penalty.
The Secretary of State may assess a civil penalty against an athlete agent not to exceed fifty thousand dollars ($50,000) for a violation of this chapter.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-18/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-18 - Uniformity of Application and Construction.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-18 - Uniformity of Application and Construction.
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Section 8-26B-18
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-1/section-8-26b-19/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 1 - General Provisions.›Section 8-26B-19 - Relation to Electronic Signatures in Global and National Commerce Act.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 1 - General Provisions. › Section 8-26B-19 - Relation to Electronic Signatures in Global and National Commerce Act.
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Section 8-26B-19
Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103 (b) of that act, 15 U.S.C. Section 7003(b).
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-2/section-8-26b-30/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 2 - Commission and Disposition of Funds.›Section 8-26B-30 - Alabama Athlete Agents Commission.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 2 - Commission and Disposition of Funds. › Section 8-26B-30 - Alabama Athlete Agents Commission.
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Section 8-26B-30
Alabama Athlete Agents Commission.
(a) The Alabama Athlete Agents Commission is continued in existence. The commission shall consist of the Secretary of State and 18 members to be appointed as follows:
(1) One member appointed by the Governor.
(2) One member appointed by the Lieutenant Governor.
(3) One member appointed by the Speaker of the House of Representatives.
(4) The athletic director or an individual appointed by the athletic director at each of the following institutions of higher education:
a. Auburn University.
b. University of Alabama, Tuscaloosa.
c. University of South Alabama.
d. Alabama State University.
e. Alabama A & M University.
f. Tuskegee University.
g. Troy University.
h. Jacksonville State University.
i. University of North Alabama.
j. University of West Alabama.
k. Miles College.
l. University of Montevallo.
m. University of Alabama, Huntsville.
n. University of Alabama, Birmingham.
(5) One member appointed by the Alabama High School Athletic Association.
(b) In appointing members to the board, the appointing power shall select those persons whose appointments, to the extent possible, ensure that the membership of the board is inclusive and reflects the racial, gender, urban/rural, and economic diversity of the state. All appointed members of the commission shall be citizens of the United States and residents of Alabama. The term of each appointed commission member shall be three years and members are eligible for reappointment. If a vacancy occurs, the appointing power for the vacant position shall appoint a successor who shall take office immediately and serve the remainder of the unexpired term. Members of the Alabama Athlete Agents Commission serving on October 1, 2016, shall continue to serve on the Alabama Athlete Agents Commission until their term expires.
(c) Within 15 days after their appointment, the members of the commission shall take an oath before any person lawfully authorized to administer oaths in this state to faithfully and impartially perform their duties as members of the commission, and the same shall be filed with the Secretary of State.
(d) The Governor may remove from the commission any appointed member for neglect of duty or other just cause.
(e) The commission shall elect annually a chair, a vice chair, and a secretary-treasurer from its members.
(f) A majority of the commission shall constitute a quorum for the transaction of business.
(g) The Secretary of State shall keep records of the proceedings of the commission; and, in any proceeding in court, civil or criminal, arising out of or founded upon any provision of this chapter, copies of those records certified as correct by the Secretary of State shall be admissible in evidence as tending to prove the content of the records.
(h) The Secretary of State shall have printed and published for distribution an annual register which shall contain the names, arranged alphabetically, of all persons registered under this chapter. The Secretary of State shall also provide a quarterly report to the commission of all agents registered during the quarter, any suspension or revocation of registered agents during the quarter, and other disciplinary action taken against an agent.
(i) The Secretary of State may employ personnel and arrange for assistance, service, and supplies as the Secretary of State may require for the performance of the duties of the commission.
(j) The commission may promulgate and, from time to time, amend rules and standards of conduct for athlete agents appropriate for the protection of the residents of the state. At least 35 days prior to the completion of notice of any rule or amendment, the Secretary of State shall mail copies of the proposed rule or amendment to all persons registered under this chapter, with a notice advising them of the completion of notice of the rule or amendment and requesting that they submit advisory comments thereon at least 15 days prior to the completion of notice. Failure to receive by mail a rule, amendment, or notice by all persons registered under this chapter shall not affect the validity of the rule or amendment.
(k) Except for the Secretary of State, each member of the commission, who is not otherwise reimbursed by public funds for services provided to this commission, shall be paid fifty dollars ($50) for each day the member is actively engaged in the discharge of official duties as a member of the commission, and shall also be entitled to, and shall receive, reimbursement for actual necessary expenses incurred in the discharge of official duties on behalf of the commission.
(l) The Alabama Athlete Agents Commission shall be subject to the Alabama Sunset Law, Chapter 20, Title 41, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2019, and every four years thereafter, unless continued pursuant to the Alabama Sunset Law.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-2/section-8-26b-31/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 2 - Commission and Disposition of Funds.›Section 8-26B-31 - Disposition of Funds; Alabama Athlete Agents Fund.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 2 - Commission and Disposition of Funds. › Section 8-26B-31 - Disposition of Funds; Alabama Athlete Agents Fund.
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Section 8-26B-31
Disposition of funds; Alabama Athlete Agents Fund.
(a) All moneys collected for registrations and all fines collected for violations of this chapter shall be paid to the Secretary of State, who shall deposit them in a special fund in the State Treasury for the use of the commission.
(b) There is hereby created in the State Treasury a fund to be known and designated as the Alabama Athlete Agents Fund. All funds, fees, charges, costs, and collections accruing to or collected under the provisions of this chapter shall be deposited into the State Treasury to the credit of the Alabama Athlete Agents Fund.
(c) Funds now or hereafter deposited in the State Treasury to the credit of the Alabama Athlete Agents Fund may not be expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with Article 4 of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill or other appropriation bills.
(Act 2016-415, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-2/section-8-26b-32/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 26B - Revised Uniform Athlete Agents Act.›Article 2 - Commission and Disposition of Funds.›Section 8-26B-32 - Oversight and Enforcement of Article 3 and Rules Adopted Thereunder.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 26B - Revised Uniform Athlete Agents Act. › Article 2 - Commission and Disposition of Funds. › Section 8-26B-32 - Oversight and Enforcement of Article 3 and Rules Adopted Thereunder.
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Section 8-26B-32
Oversight and enforcement of Article 3 and rules adopted thereunder.
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.
The Alabama Athlete Agents Commission shall carry out the functions assigned to it in Section 8-26B-61, relating to oversight and enforcement of Article 3 and rules adopted by the Alabama Collegiate Athletics Commission.
(Act 2021-227, §13.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-3/section-8-26b-50/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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-50 - Definitions.
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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-50 - Definitions.
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Section 8-26B-50
Definitions.
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.
For purposes of this article, the following terms shall have the following meanings:
(1) COMPENSATION. Anything of value, monetary or otherwise, granted to a party by a second party in exchange for performance of a contract. For purposes of this article, compensation does not include a scholarship awarded to a student athlete by a postsecondary educational institution or a stipend given to a student athlete by a postsecondary educational institution which is calculated based on the cost of living and cost of attendance at the institution.
(2) INTERCOLLEGIATE SPORT. An athletic program at a postsecondary educational institution.
(3) NAME, IMAGE, OR LIKENESS. Any or all of those elements that, together, are known as the right of publicity.
(4) POSTSECONDARY EDUCATIONAL INSTITUTION. A public university or college in this state or an institution for higher education as defined in Section 16-18A-2. This term does not include any Alabama Community College System institutions.
(5) STUDENT ATHLETE. As defined in Section 8-26B-2.
(Act 2021-227, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-3/section-8-26b-51/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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-51 - Compensation for Use of Student Athlete's Name, Image, or Likeness.
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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-51 - Compensation for Use of Student Athlete's Name, Image, or Likeness.
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Section 8-26B-51
Compensation for use of student athlete's name, image, or likeness.
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 student athlete participating in intercollegiate sports at a postsecondary educational institution may earn compensation for the use of the student athlete's name, image, or likeness pursuant to this article. The compensation shall be commensurate with the market value of the student athlete's name, image, or likeness.
(b) Subject to this article and any rule adopted by the Alabama Collegiate Athletics Commission pursuant to Section 8-26B-55, a postsecondary educational institution may not adopt or maintain a contract, rule, regulation, standard, or other requirement that unreasonably restricts a student athlete from receiving compensation for the student athlete's name, image, or likeness.
(1) A postsecondary educational institution may prohibit a student athlete from entering into an endorsement contract with, or otherwise receiving compensation from, any of the following categories of brands or companies:
a. A tobacco company or brand, including any tobacco product, alternative nicotine product, electronic nicotine delivery system, or any electronic nicotine delivery system retailer, or any specialty retailer of electronic nicotine delivery systems or tobacco specialty store, as defined in Section 28-11-2.
b. Any alcoholic beverage company or brand.
c. Any seller or dispensary of a controlled substance, including, but not limited to, marijuana.
d. Any adult entertainment business.
e. Any casino or entity that sponsors or promotes gambling activities.
f. Any entity or individual that, in the reasonable and good faith judgment of the postsecondary educational institution, negatively impacts or reflects adversely on the postsecondary educational institution or its athletic programs, including, but not limited to, bringing about public disrepute, contempt, embarrassment, scandal, ridicule, or otherwise negatively impacting the reputation or the moral or ethical standards of the postsecondary educational institution.
(2) A postsecondary educational institution may also prohibit a student athlete from wearing any item of clothing, shoes, or other gear with the insignia of any entity while wearing athletic gear or uniforms licensed by a postsecondary educational institution or otherwise competing in any athletic competition or institutionally-sponsored event.
(c) Compensation for a student athlete's name, image, or likeness may not be conditioned on athletic performance or attendance at a particular postsecondary educational institution.
(d) Compensation for the use of a student athlete's name, image, or likeness may be provided only by a third party not owned or operating under the authority of the student athlete's postsecondary educational institution.
(e) A postsecondary educational institution, an entity with the purpose of supporting or benefitting the institution or its intercollegiate sports, or any officer, director, or employee of the institution or entity may not compensate or cause compensation to be directed to a student athlete or the family of a student athlete for use of their name, image, or likeness.
(f) Except with the prior written consent of the postsecondary education institution, a student athlete may not enter into a contract for compensation for the use of the student athlete's name, image, or likeness if the institution determines that a term of the contract conflicts with a term of a contract held by the student athlete's postsecondary education institution.
(g) Before any contract for compensation for the use of a student athlete's name, image, or likeness is executed, and before any compensation is provided to the student athlete in advance of a contract, the student athlete shall disclose that contract to his or her postsecondary educational institution in a manner prescribed by the institution.
(h) A contract for the use of a student athlete's name, image, or likeness which is formed while the student athlete is participating in an intercollegiate sport at a postsecondary educational institution may not extend beyond the student athlete's participation in the sport at the institution.
(Act 2021-227, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-3/section-8-26b-52/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-3/section-8-26b-53/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-3/section-8-26b-54/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-3/section-8-26b-55/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-3/section-8-26b-56/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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 Regis...
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-3/section-8-26b-57/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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 Educati...
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-3/section-8-26b-58/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-3/section-8-26b-59/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-3/section-8-26b-60/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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 Edu...
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-26b/article-3/section-8-26b-61/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-27/section-8-27-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 27 - Alabama Trade Secrets Act.›Section 8-27-1 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 27 - Alabama Trade Secrets Act. › Section 8-27-1 - Short Title.
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Section 8-27-1
Short title.
This chapter may be cited as the "Alabama Trade Secrets Act."
(Acts 1987, No. 87-669, p. 1195, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-27/section-8-27-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 27 - Alabama Trade Secrets Act.›Section 8-27-2 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 27 - Alabama Trade Secrets Act. › Section 8-27-2 - Definitions.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-27/section-8-27-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 27 - Alabama Trade Secrets Act.›Section 8-27-3 - Misappropriation.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 27 - Alabama Trade Secrets Act. › Section 8-27-3 - Misappropriation.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-27/section-8-27-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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 T...
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-27/section-8-27-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 27 - Alabama Trade Secrets Act.›Section 8-27-5 - Statute of Limitation.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 27 - Alabama Trade Secrets Act. › Section 8-27-5 - Statute of Limitation.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-27/section-8-27-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-28/section-8-28-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 28 - Disposal of Molds, Dies or Patterns.›Section 8-28-1 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 28 - Disposal of Molds, Dies or Patterns. › Section 8-28-1 - Definitions.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-28/section-8-28-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-28/section-8-28-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-28/section-8-28-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 28 - Disposal of Molds, Dies or Patterns.›Section 8-28-4 - Applicability.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 28 - Disposal of Molds, Dies or Patterns. › Section 8-28-4 - Applicability.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-29/section-8-29-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 29 - Timely Payments to Contractors and Subcontractors.›Section 8-29-1 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 29 - Timely Payments to Contractors and Subcontractors. › Section 8-29-1 - Definitions.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-29/section-8-29-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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 Pay...
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-29/section-8-29-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 29 - Timely Payments to Contractors and Subcontractors.›Section 8-29-3 - Timely Payments to Contractors and Subcontractors; Noncompliance With Chapter; Perc...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 29 - Timely Payments to Contractors and Subcontractors. › Section 8-29-3 - Timely Payments to Contractors and Subcontractors; Noncompliance With Chapter; Percentage of Retainage on Payments.
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Section 8-29-3
Timely payments to contractors and subcontractors; noncompliance with chapter; percentage of retainage on payments.
(a) When a contractor has performed pursuant to his or her contract and submits an application or pay request for payment or an invoice for materials, to the owner or owner's representative, the owner shall timely pay the contractor by mailing via first class mail or delivering the amount of the pay request or invoice in accordance with the payment terms agreed to by the owner and the contractor, the agreed upon payment terms must be specified in all contract documents, but if payment terms are not agreed to, then within 30 days after receipt of the pay request or invoice.
(b) When a subcontractor has performed pursuant to his or her contract and submits an application or pay request for payment or an invoice for materials to a contractor in sufficient time to allow the contractor to include the application, request, or invoice in his or her own pay request submitted to an owner, the contractor shall timely pay to the subcontractor in accordance with the payment terms agreed to by the contractor and subcontractor, but if payment terms are not agreed to, then within seven days of receipt of payment from owner by mailing via first class mail or delivering the amount received for the subcontractor's work and materials based on work properly completed or service properly provided under the contract.
(c) When a sub-subcontractor has performed labor or supplied materials for a subcontractor pursuant to his or her contract and submits an application or pay request for payment or an invoice for materials to a subcontractor in sufficient time to allow the subcontractor to include the application, request, or invoice in his or her own pay request submitted to a contractor, the subcontractor shall timely pay the sub-subcontractor in accordance with the payment terms agreed to by the subcontractor and sub-subcontractor but if payment terms are not agreed to, then within seven days of receipt of payment from contractor by mailing via first class mail or delivering the amount received for the sub-subcontractor's work and materials based on work properly completed or service properly provided under the contract.
(d) If the owner, contractor, or subcontractor does not make payment in compliance with this chapter, the owner, contractor, or subcontractor shall be obligated to pay his or her contractor, subcontractor, or sub-subcontractor interest at the rate of one percent per month (12% per annum) on the unpaid balance due.
(e) A contractor who receives a payment under subsection (a) or otherwise, from an owner in connection with a contract shall pay each of its subcontractors the portion of the owner's payment to the extent of that subcontractor's interest in the owner's payment. The payment shall include interest, if any, that is attributable to work properly performed or materials suitably stored by that subcontractor if payment for stored materials is provided for in the contract. The payment required by this subsection shall be made not later than the seventh day after the date the contractor receives the owner's payment.
(f) The percentage of retainage on payments by the contractor to the subcontractor shall not exceed the percentage of retainage on payments made by the owner to the contractor. Any percentage of retainage on payments made by contractor to the subcontractor that exceeds the percentage of retainage on payments made by the owner to the contractor shall be subject to interest to be paid by the contractor to the subcontractor at the rate of one percent per month (12% per annum).
(g) The percentage of retainage on payments by the subcontractor to the sub-subcontractor shall not exceed the percentage of retainage on payments made by the contractor to the subcontractor. Retainage on payments made by the subcontractor to the sub-subcontractor that exceeds the percentage of retainage on payments made by the contractor to the subcontractor shall be subject to interest paid at the rate of one percent per month (12% per annum).
(h) For the purposes of this chapter, retainage means that money, or other security as agreed to by the parties to a construction contract, earned by the contractor, subcontractor or lower tier sub-subcontractor, or supplier for work properly performed or materials suitably stored if payment for stored materials is provided for in the contract, which has been retained by the owner conditioned on final completion and acceptance of all work in connection with a project or projects by the contractor, subcontractor or lower tier sub-subcontractor, or supplier.
(i) A construction contract on any project in this state may provide for the owner's withholding of retainage from payments to its contractor for work performed by that contractor on a construction project. There shall be retained not more than 10 percent of the estimated amount of work properly done and the value of materials stored on the site or suitably stored and insured off-site, and after 50 percent completion has been accomplished, no further retainage shall be withheld. If an owner withholds an amount greater than that allowed by this subsection, the owner shall be liable to the contractor for interest accruing on the excess amount withheld at the rate of one percent per month. Nothing herein is intended to limit or alter the paying party's right to withhold or not approve payment on grounds set forth in the parties' contract or the grounds set forth in Section 8-29-4 or otherwise for work not properly performed or payment not earned; rather, this section is intended only to establish a maximum amount of retainage, establish the timing for release of retainage, and provide for the payment of interest for improperly held retainage.
(j) A construction contract on any project in this state may provide for the contractor's withholding of retainage from payments to its subcontractors for work performed by the subcontractors on a construction project. There shall be retained not more than 10 percent of the estimated amount of work properly done and the value of materials stored on the site or suitably stored and insured off-site, and after 50 percent completion has been accomplished, no further retainage shall be withheld. If a contractor withholds an amount greater than that allowed by this subsection, the contractor shall be liable to the subcontractor for interest accruing on the excess amount withheld at the rate of one percent per month.
(k) A construction contract on any project in this state may provide for the subcontractor's withholding of retainage from payments to its sub-subcontractors or material suppliers for work performed by such sub-subcontractors or material suppliers on a construction project. There shall be retained not more than 10 percent of the estimated amount of work properly done and the value of materials stored on the site or suitably stored and insured off-site, and after 50 percent completion has been accomplished, no further retainage shall be withheld. If a subcontractor withholds an amount greater than that allowed by this subsection, the subcontractor shall be liable to the sub-subcontractor or material supplier for interest accruing on the excess amount withheld at the rate of one percent per month.
(l)(1) The owner shall release and pay retainage to the contractor for work completed on any construction contract no later than 60 days after the completion of the contractor's work defined in its contract with the owner, or no later than 60 days after substantial completion of the project, whichever occurs first, and in both events, with all necessary certificates of occupancy having been issued. The contractor shall release and pay retainage to its subcontractors for work completed pursuant to the terms of this chapter.
(2) For the purposes of this subsection, substantial completion means the stage in the progress of the project when the project or designated portion thereof is sufficiently complete in accordance with the contract documents with all necessary certificates of occupancy having been issued so that the owner may occupy or utilize the project for its intended purpose.
(m) The provisions of subsections (h) through (l) shall not apply to any construction project for or by an electric utility regulated by the Public Service Commission.
(n) Nothing herein limits or alters the paying party's right to withhold or not approve payment on grounds set forth in the party's contract or the grounds set forth in Section 8-29-4 or otherwise for work not properly performed or payment not earned; rather, this section is intended only to establish a maximum amount of retainage, establish the timing for release of retainage, and provide for the payment of interest for improperly held retainage. Also, the paying party may condition payment on the receipt of a full release of any lien of the contractor, subcontractor, or sub-subcontractor for the amount of work being paid.
(o) All loans and loan proceeds related to a construction project, and the disbursement and use thereof, are governed solely by the terms of the documents evidencing and securing the loan, and contractors, subcontractors, and sub-subcontractors have no lien or rights in any such loan, loan proceeds, or the disbursement or use thereof.
(Acts 1995, No. 95-380, p. 775, §3; Act 2011-647, p. 1646, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-29/section-8-29-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-29/section-8-29-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-29/section-8-29-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-29/section-8-29-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-29/section-8-29-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-30/section-8-30-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 30 - Burial Services, Merchandise, and Property.›Section 8-30-1 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 30 - Burial Services, Merchandise, and Property. › Section 8-30-1 - Definitions.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-30/section-8-30-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-30/section-8-30-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 30 - Burial Services, Merchandise, and Property.›Section 8-30-3 - Prohibited Actions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 30 - Burial Services, Merchandise, and Property. › Section 8-30-3 - Prohibited Actions.
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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.)
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https://law.justia.com/codes/alabama/title-8/chapter-30/section-8-30-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›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.
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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.
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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.)
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