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https://law.justia.com/codes/alabama/title-8/chapter-31/section-8-31-1/
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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 31 - Alabama Unconscionable Pricing Act.›Section 8-31-1 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 31 - Alabama Unconscionable Pricing Act. › Section 8-31-1 - Short Title.
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Section 8-31-1
Short title.
This chapter shall be known and may be cited as the "Alabama Unconscionable Pricing Act."
(Acts 1996, No. 96-171, p. 195, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-31/section-8-31-2/
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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 31 - Alabama Unconscionable Pricing Act.›Section 8-31-2 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 31 - Alabama Unconscionable Pricing Act. › Section 8-31-2 - Definitions.
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Section 8-31-2
Definitions.
As used in this chapter, the following words and phrases have the following meanings unless a different meaning is required by the context:
(1) COMMODITY. Any goods, services, materials, merchandise, supplies, equipment, resources, or other articles of commerce, and includes, without limitation, all services offered or provided or work performed or offered to be performed as an occupation or business to consumers and food, water, ice, chemicals, petroleum products, and lumber necessary for consumption or use as a direct result of the emergency.
(2) PERSON. Shall include, but not be limited to, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity.
(3) RENTAL FACILITY. Shall include, but not be limited to, any hotel, motel, boarding house, dwelling house, and self storage facility offered for rent or lease.
(Acts 1996, No. 96-171, p. 195, §2; Act 2003-336, p. 843, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-31/section-8-31-3/
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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 31 - Alabama Unconscionable Pricing Act.›Section 8-31-3 - Prohibition of Unconscionable Pricing During Declared State of Emergency.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 31 - Alabama Unconscionable Pricing Act. › Section 8-31-3 - Prohibition of Unconscionable Pricing During Declared State of Emergency.
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Section 8-31-3
Prohibition of unconscionable pricing during declared state of emergency.
It is unlawful and a violation of Section 8-19-5, for any person to impose unconscionable prices for the sale or rental of any commodity or rental facility during the period of a declared state of emergency.
(Acts 1996, No. 96-171, p. 195, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-31/section-8-31-4/
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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 31 - Alabama Unconscionable Pricing Act.›Section 8-31-4 - Determination of Unconscionable Price During a State of Emergency.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 31 - Alabama Unconscionable Pricing Act. › Section 8-31-4 - Determination of Unconscionable Price During a State of Emergency.
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Section 8-31-4
Determination of unconscionable price during a state of emergency.
It is prima facie evidence that a price is unconscionable if any person, during a state of emergency declared pursuant to the powers granted to the Governor in Section 31-9-8, charges a price that exceeds, by an amount equal to or in excess of twenty-five percent the average price at which the same or similar commodity or rental facility was obtainable in the affected area during the last 30 days immediately prior to the declared state of emergency and the increase in the price charged is not attributable to reasonable costs incurred in connection with the rental or sale of the commodity.
(Acts 1996, No. 96-171, p. 195, §4; Act 2001-1104, 4th Sp. Sess., p. 1168, §1; Act 2003-336, p. 843, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-31/section-8-31-5/
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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 31 - Alabama Unconscionable Pricing Act.›Section 8-31-5 - Penalties for Violation of Chapter; Penalties Collected Remitted to State Treasurer...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 31 - Alabama Unconscionable Pricing Act. › Section 8-31-5 - Penalties for Violation of Chapter; Penalties Collected Remitted to State Treasurer; Suspension or Revocation of License or Certificate.
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Section 8-31-5
Penalties for violation of chapter; penalties collected remitted to State Treasurer; suspension or revocation of license or certificate.
(a) Upon an entry of judgement or decree for a violation of this chapter, the court shall impose a civil penalty not to exceed one thousand dollars ($1,000) per violation with an aggregate total not to exceed twenty-five thousand dollars ($25,000) for any 24-hour period.
(b) All penalties collected under this chapter shall be remitted by the circuit court to the State Treasurer and shall be credited to the account of either the office of the Attorney General or the office of the district attorney whichever initiated the action resulting in the imposition of such penalties.
(c) Upon a showing to the court by the office of the Attorney General or the office of the district attorney that a person has engaged in continuous and willful violations of this chapter, the court may suspend or revoke any license or certificate authorizing that person to engage in business in this state or the court may enjoin any person from engaging in business in this state.
(Acts 1996, No. 96-171, p. 195, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-31/section-8-31-6/
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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 31 - Alabama Unconscionable Pricing Act.›Section 8-31-6 - Private Cause of Action Not Created.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 31 - Alabama Unconscionable Pricing Act. › Section 8-31-6 - Private Cause of Action Not Created.
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Section 8-31-6
Private cause of action not created.
Nothing in this chapter creates a private cause of action in favor of any person damaged by a violation of this chapter.
(Acts 1996, No. 96-171, p. 195, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-32/section-8-32-1/
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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 32 - Service Contracts.›Section 8-32-1 - Purpose.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-1 - Purpose.
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Section 8-32-1
Purpose.
(a) The purpose of this chapter is to create a framework to regulate service contracts sold to consumers in this state.
(b) The following are exempt from Sections 8-32-2 to 8-32-12, inclusive, of this chapter:
(1) Warranties.
(2) Maintenance agreements.
(3) Warranties, service contracts, or maintenance agreements offered by electric, gas, water, or telephone utilities on their transmission devices.
(4) Service contracts sold or offered for sale in commercial transactions.
(5) Service contracts sold or offered for sale to persons other than consumers.
(6) Service contracts sold at the point of sale, or within 60 days of the original purchase date of the property, which cover tangible property where the tangible property for which the service contract is sold, has a purchase price of two hundred and fifty dollars ($250) or less, exclusive of sales tax.
(c) Manufacturer's service contracts on the manufacturer's products and service contracts sold or offered for sale by Alabama electric cooperatives, and their subsidiaries and affiliates, including without limitation, affiliates managed or controlled by electric cooperatives, are required to comply only with Section 8-32-3(a), Section 8-32-3(g), Section 8-32-5(a), Section 8-32-5(d) to (n), inclusive, Section 8-32-6, Section 8-32-10(a), and Section 8-32-10(c) to (f), inclusive, as applicable, of this chapter.
(d) The types of agreements referred to in subsections (b) and (c) are not insurance for any purpose including, without limitation, compliance with the Alabama Insurance Code.
(Acts 1997, No. 97-445, p. 753, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-32/section-8-32-2/
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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 32 - Service Contracts.›Section 8-32-2 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-2 - Definitions.
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Section 8-32-2
Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) ADMINISTRATOR. The person designated by a provider to be responsible for the administration of service contracts or the service contracts plan or to make the filings required by this chapter.
(2) COMMISSIONER. The Commissioner of Insurance of this state.
(3) CONSUMER. A natural person who buys, primarily for personal, family, or household purposes, and not for resale, any tangible personal property normally used for personal, family, or household purposes and not for commercial or research purposes.
(4) MAINTENANCE AGREEMENT. A contract of limited duration that provides for scheduled maintenance only.
(5) MANUFACTURER. A person that is one of the following:
a. A manufacturer or producer of property that sells the property under its own name or label.
b. A subsidiary of the person who manufactures or produces the property.
c. A corporation which owns at least 80 percent of the person who manufactures or produces the property.
d. A person who manufactures or produces the property even though the property is sold under the trade name or label of another person.
(6) MECHANICAL BREAKDOWN INSURANCE. For purposes of this chapter, a policy, contract, or agreement issued by an authorized insurance company directly to a consumer or other owner of property that provides for, among other coverages, the repair, replacement, or maintenance of property or indemnification for repair, replacement, or maintenance, for the operational or structural failure of the property due to a defect in materials or workmanship or due to normal wear and tear.
(7) NON-ORIGINAL MANUFACTURER'S PARTS. Replacement parts not made for or by the original manufacturer of the property, commonly referred to as "after market parts."
(8) PERSON. An individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any other entity, or combination of persons acting in concert.
(9) PREMIUM. The consideration paid to an insurer for a reimbursement insurance policy.
(10) PROVIDER. A person who administers, makes, provides, sells, or offers to sell a service contract, who is contractually obligated to provide service under a service contract.
(11) PROVIDER FEE. The total purchase price paid for a service contract. In cases where a reimbursement insurance policy is issued to a provider, the "provider fee" is the total purchase price paid for a service contract net of the premium.
(12) REIMBURSEMENT INSURANCE POLICY. A policy of insurance issued to a provider pursuant to which the insurer agrees, for the benefit of the service contract holders, to discharge the obligations of the provider under the terms of the service contracts in the event of non-performance by the provider.
(13) ROAD HAZARD. A hazard that is encountered while driving a motor vehicle, including, but not limited to, potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps.
(14) SERVICE CONTRACT. A contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement, or maintenance of property or indemnification for repair, replacement, or maintenance, for the operational or structural failure due to a defect in materials or workmanship, or normal wear and tear, with or without additional provision for incidental payment or indemnity under limited circumstances, for related expenses, including, but not limited to, towing, rental, and emergency road service. Service contracts may provide for the repair, replacement, or maintenance of property for damage resulting from power surges and accidental damage from handling. "Service contract" does not include warranties, mechanical breakdown insurance, or maintenance agreements. A service contract is not insurance for any purpose, including, but not limited to, compliance with the Alabama Insurance Code, other than for the purpose of a service contract holder's claim against a service contract provider for failure to comply with the provisions of the service contract if so provided by other law. Service contract services include, but are not limited to, the following:
a. The repair or replacement of tires or wheels, or both, on a motor vehicle damaged as a result of coming into contact with a road hazard.
b. The removal of dents, dings, or creases on a motor vehicle that may be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting.
c. The repair of chips or cracks in or the replacement of a motor vehicle windshield as a result of damage caused by a road hazard that is primary to the coverage offered by the motor vehicle owner's motor vehicle insurance policy.
d. The replacement of a motor vehicle key or key-fob if the key or key-fob becomes inoperable, lost, or stolen.
e. Other services which may be approved by the commissioner, if not inconsistent with this chapter.
(15) SERVICE CONTRACT HOLDER or CONTRACT HOLDER. A person who is the purchaser or holder of a service contract.
(16) WARRANTY. A warranty made by the manufacturer, importer, distributor, or seller of property or services without consideration stated separately from the price of the property or services sold, that is not negotiated separate from the sale of the product and is incidental to the sale of the product, that guarantees repair or replacement, or indemnity for repair or replacement, for defective parts, mechanical or electrical breakdown, labor or other remedial measures, such as repair or replacement of the property or repetition of services.
(Acts 1997, No. 97-445, p. 753, §2; Act 2016-101, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-32/section-8-32-3/
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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 32 - Service Contracts.›Section 8-32-3 - Requirements for Selling or Offering to Sell Service Contracts.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-3 - Requirements for Selling or Offering to Sell Service Contracts.
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Section 8-32-3
Requirements for selling or offering to sell service contracts.
(a) Either the provider or its designee shall:
(1) Provide a receipt for, or other written evidence of, the purchase of the service contract to the contract holder.
(2) Provide a copy of the service contract to the service contract holder within a reasonable period of time from the date of purchase.
(b) A provider may, but is not required to, appoint an administrator or other designee to be responsible for any or all of the administration of service contracts and compliance with this chapter.
(c) Each provider of service contracts sold in this state shall file a registration with the commissioner on a form prescribed by the commissioner. Each provider shall pay to the commissioner a fee in the amount of two hundred dollars ($200) annually. All fees collected shall be paid into a special revolving fund to be set up by the State Treasurer referred to as the "Service Contract Revolving Fund." The Service Contract Revolving Fund shall be used in the supervision and examination of providers and otherwise in the administration of this chapter; provided however, that nothing in this section shall be construed to mean that all of the expenses of supervision and examination of providers and in the administration of this chapter incurred by the State Insurance Department shall come from the Service Contract Revolving Fund.
(d) All funds now or hereafter deposited in the State Treasury to the credit of the Service Contract Revolving Fund shall not be expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill, other appropriations bills or this chapter.
(e) There is hereby appropriated for the fiscal year ending September 30, 1998, from the Service Contract Revolving Fund to the State Department of Insurance those amounts as deemed necessary to carry out the provisions of this chapter as determined by the Commissioner of Insurance.
(f) In order to assure the faithful performance of a provider's obligations to its service contract holders, each provider shall be responsible for complying with the requirements of one of the following subdivisions:
(1) Insure all service contracts under a reimbursement insurance policy issued by an insurer authorized to transact insurance in this state or issued pursuant to Chapter 10, Title 27.
(2) Do both of the following:
a. Maintain a funded reserve account for its obligations under its service contracts sold and outstanding in this state. The reserves shall be based on the loss experience of the provider as certified by an actuary or, at the election of the provider, the reserves shall be 30 percent of the aggregate provider fees for all service contracts sold and then in force. The reserve account shall be subject to examination and review by the commissioner.
b. Place in trust with the commissioner a financial security deposit, having a value of not less than five percent of the aggregate provider fees, less claims paid, for all service contracts sold and then in force, but not less than twenty-five thousand dollars ($25,000) consisting of one of the following:
(i) A surety bond issued by an authorized surety.
(ii) Securities of the type eligible for deposit by authorized insurers in this state.
(iii) Cash.
(iv) A letter of credit issued by a qualified financial institution.
(v) Another form of security prescribed by regulations issued by the commissioner.
(3) Do both of the following:
a. Maintain a net worth or stockholders' equity of one hundred million dollars ($100,000,000).
b. Upon request, provide the commissioner with a copy of the financial statement of the provider included in its most recent annual report on Form 10-K or Form 20-F filed with the Securities and Exchange Commission (SEC) within the last calendar year, or if the provider does not file with the SEC, a copy of the audited financial statements of the provider, which shows a net worth of the provider of at least one hundred million dollars ($100,000,000). A consolidated Form 10-K, Form 20-F or audited financial statements shall meet the requirements of this chapter for the provider if it shows a net worth or stockholders' equity of the provider of at least one hundred million dollars ($100,000,000) and there shall be no requirement of a parent company guarantee, reimbursement insurance, or other form of financial stability requirement. However, if the Form 10-K, Form 20-F or audited financial statements of the parent company of the provider are filed to meet the provider's financial stability requirement because the provider's net worth or stockholders' equity of the provider is not at least one hundred million dollars ($100,000,000), or because the net worth or stockholders' equity is not determinable from the consolidated Form 10-K, Form 20-F or audited financial statements of the parent company, then the parent company shall agree to guarantee the obligations of the provider relating to service contracts sold by the provider in this state.
(g) Service contracts shall require the provider to permit the service contract holder to return the service contract within no less than 20 days of the date the service contract was mailed to the service contract holder or within no less than 10 days of delivery if the service contract is delivered to the service contract holder at the time of sale. Upon return of the service contract to the provider within the applicable time period, if no claim has been made under the service contract prior to its return to the provider, the service contract is void and the provider shall refund to the service contract holder the full purchase price of the service contract including any premium paid for any applicable reimbursement insurance policy. Any refund due a service contract holder may be credited to any outstanding balance of the account of the service contract holder, and the excess, if any, shall be refunded to the service contract holder. The right to void the service contract provided in this subsection (g) is not transferable and shall apply only to the original service contract purchaser, and only if no claim has been made prior to its return to the provider. A 10 percent penalty per month shall be added to a refund that is not paid or credited within 45 days after return of the service contract to the provider.
(h) In the event the original service contract holder makes a written demand for cancellation of a service contract pursuant to the terms of the service contract, the provider shall refund to the service contract holder the unearned portion of the full purchase price of the service contract including the unearned portion of any premium paid for any applicable reimbursement insurance policy. Any refund due a service contract holder may be credited to any outstanding balance of the account of the service contract holder, and the excess, if any, shall be refunded to the service contract holder. If the original contract purchaser or a contract holder elects cancellation, the provider may retain an administrative fee of up to twenty-five dollars ($25) for issuance of the service contract if such fee is provided for in the service contract; however, this amount may not be deducted in the event the service contract is terminated pursuant to the provisions of subsection (g).
(i)(1) Provider fees are not subject to premium taxes.
(2) Premiums for reimbursement insurance policies are subject to applicable taxes.
(j) Except for the registration requirement in subsection (c), providers, administrators, and other persons marketing, selling, or offering to sell service contracts for providers are exempt from any licensing requirements of this state.
(k) Providers are not required to comply with any provision of Title 27.
(Acts 1997, No. 97-445, p. 753, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-32/section-8-32-4/
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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 32 - Service Contracts.›Section 8-32-4 - Required Provisions, Reimbursement Insurance Policy.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-4 - Required Provisions, Reimbursement Insurance Policy.
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Section 8-32-4
Required provisions, reimbursement insurance policy.
Reimbursement insurance policies insuring service contracts sold in this state shall provide that, upon failure of the provider to perform under the service contract, including, without limitation, failure to refund or credit the unearned portion of the purchase price of the service contract to the extent required by this chapter, the insurer that issued the reimbursement insurance policy shall pay on behalf of the provider any sums the provider is legally obligated to pay to a service contract holder, or shall provide the service which the provider is legally obligated to perform, according to the provider's contractual obligations under the service contracts sold by the provider. The reimbursement insurance company shall be responsible to refund only the unearned premium net of the unearned provider fee, and the provider shall be responsible for refunding or crediting the unearned provider fee in excess of the unearned premium. If the provider fails to refund or credit any portion of the unearned provider fee required to be refunded or credited by this chapter, the reimbursement insurance company shall be responsible for the entire refund of the unearned premium and unearned provider fee. The amount of the reserve relative to the unearned provider fee to be maintained by the reimbursement insurance company shall be based on the loss experience of the reimbursement insurance company as certified by an actuary.
(Acts 1997, No. 97-445, p. 753, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-32/section-8-32-5/
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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 32 - Service Contracts.›Section 8-32-5 - Required Provisions, Service Contracts.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-5 - Required Provisions, Service Contracts.
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Section 8-32-5
Required provisions, service contracts.
(a) Service contracts sold or offered for sale in this state, in their entirety, shall be written, printed, or typed in eight point type size, or larger, and shall comply with the requirements set forth in this section, as applicable.
(b) Service contracts insured under a reimbursement insurance policy pursuant to subdivision (1) of subsection (f) of Section 8-32-3 shall contain a statement in substantially the following form:
"Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy."
If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, the service contract holder is entitled to make a claim directly against the reimbursement insurance company. The service contract shall state the name and address of the reimbursement insurance company.
(c) Service contracts not insured under a reimbursement insurance policy pursuant to subdivision (1) of subsection (f) of Section 8-32-3 shall contain a statement in substantially the following form:
"Obligations of the provider under this service contract are backed by the full faith and credit of the provider."
(d) Service contracts shall state the name and address of the provider, and shall identify any administrator, the service contract seller, and the service contract holder to the extent that the name and address of the service contract holder has been furnished by the service contract holder. Neither the name of the service contract seller nor other provisions are required to be preprinted on the service contract and may be added to the service contract at the time of sale.
(e) Service contracts shall state the purchase price of the service contract, the term of the service contract and any applicable renewal provisions. Neither the purchase price nor any other provisions are required to be pre-printed on the service contract and may be negotiated at the time of sale with the service contract holder.
(f) If the provider will reimburse the contract holder for repair work performed by third parties and if prior approval of repair work is required, (i) the service contract shall state the procedure for obtaining prior approval and for making a claim, including a toll-free telephone number for claim service and (ii) if the service contract provides services essential to public health, safety, or welfare, the service contract shall either provide for 24-hour telephone assistance, or state the procedure for obtaining emergency repairs performed outside of normal business hours.
(g) Service contracts shall state the existence of any deductible amount.
(h) Service contracts shall describe the property upon which the services are to be provided, the services to be provided and any limitations, exceptions, or exclusions to the services to be provided.
(i) Service contracts shall state whether the use of non-original manufacturer's parts is allowed.
(j) Service contracts shall state any restrictions governing the transferability of the service contract.
(k) Service contracts shall state the terms, restrictions, or conditions governing cancellation of the service contract prior to the termination or expiration date of the service contract by either the provider or by the service contract holder. The provider of the service contract shall mail a written notice to the service contract holder at the last known address of the service contract holder contained in the records of the provider at least five days prior to cancellation by the provider. Prior notice is not required if the reason for cancellation is nonpayment of the provider fee or a material misrepresentation by the service contract holder to the provider relating to the covered property or its use. The notice shall state the effective date of the cancellation and the reason for the cancellation.
(l) Service contracts shall set forth the obligations and duties of the service contract holder relating to the property covered by the service contract.
(m) Service contracts shall state whether or not the service contract provides for or excludes consequential damages or preexisting conditions, to the extent applicable.
(n) Service contracts may contain other provisions as determined by the provider.
(Acts 1997, No. 97-445, p. 753, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-32/section-8-32-6/
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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 32 - Service Contracts.›Section 8-32-6 - Prohibited Acts.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-6 - Prohibited Acts.
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Section 8-32-6
Prohibited acts.
(a) A provider shall not use in its name the words insurance, casualty, surety, mutual, or any other words descriptive of the insurance, casualty, or surety business; or a name deceptively similar to the name or description of any insurance or surety corporation, or to the name of any other provider. The word "guaranty" or similar word may be used by a provider. This section shall not apply to a company that was using any of the prohibited language in its name prior to August 1, 1997. However, a company using the prohibited language in its name shall include in its service contracts a statement in substantially the following form: "This agreement is not an insurance contract."
(b) A person, such as a bank, savings and loan association, lending institution, manufacturer, or seller of any product, shall not require the purchase of a service contract as a condition of a loan or a condition for the sale of any property.
(Acts 1997, No. 97-445, p. 753, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-32/section-8-32-7/
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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 32 - Service Contracts.›Section 8-32-7 - Record Keeping Requirements.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-7 - Record Keeping Requirements.
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Section 8-32-7
Record keeping requirements.
(a)(1) The provider shall keep accurate accounts, books, and records concerning transactions regulated under this chapter.
(2) The provider's accounts, books, and records shall include the following:
a. Copies of each type of service contract sold.
b. The name and address of each service contract holder to the extent that the name and address have been furnished by the service contract holder.
c. A list of the locations where service contracts are marketed, sold, or offered for sale.
d. Recorded claims files which shall contain at least the dates, amounts, and description of all receipts, claims, and expenditures related to the service contracts.
(3) The provider shall retain all records required to be maintained by this subsection (a) for at least three years after the specified period of coverage has expired.
(4) The records required under this chapter may be, but are not required to be, maintained on a computer disk or other record keeping technology. If the records are maintained in other than hard copy, the records shall be capable of duplication to legible hard copy at the request of the commissioner.
(b) A provider discontinuing business in this state shall maintain its records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to service contract holders in this state.
(Acts 1997, No. 97-445, p. 753, §7.)
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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 32 - Service Contracts.›Section 8-32-8 - Cancellation of Reimbursement Insurance Policy.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-8 - Cancellation of Reimbursement Insurance Policy.
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Section 8-32-8
Cancellation of reimbursement insurance policy.
To the extent applicable, an insurer that issued a reimbursement insurance policy shall not terminate the policy until a notice of termination in accordance with Chapter 40 of Title 27 has been mailed or delivered to the commissioner. The termination of a reimbursement insurance policy shall not reduce the issuer's responsibility for service contracts sold by providers which it insured prior to the date of the termination.
(Acts 1997, No. 97-445, p. 753, §8.)
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https://law.justia.com/codes/alabama/title-8/chapter-32/section-8-32-9/
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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 32 - Service Contracts.›Section 8-32-9 - Obligation of Reimbursement Insurance Policy Insurers.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-9 - Obligation of Reimbursement Insurance Policy Insurers.
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Section 8-32-9
Obligation of reimbursement insurance policy insurers.
(a) Where reimbursement insurance is applicable, providers are considered to be the agent of the insurer which issued the reimbursement insurance policy solely for purposes of obligating the insurers to service contract holders in accordance with the service contract and this chapter. In cases where a provider is acting as an administrator and enlists other providers, the provider acting as the administrator shall notify the insurer of the existence and identities of the other providers.
(b) This chapter shall not prevent or limit the right of an insurer which issued a reimbursement insurance policy to seek indemnification or subrogation against a provider if the insurer pays or is obligated to pay the service contract holder sums that the provider was obligated to pay pursuant to the provisions of the service contract.
(Acts 1997, No. 97-445, p. 753, §9.)
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https://law.justia.com/codes/alabama/title-8/chapter-32/section-8-32-10/
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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 32 - Service Contracts.›Section 8-32-10 - Enforcement Provisions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-10 - Enforcement Provisions.
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Section 8-32-10
Enforcement provisions.
(a) The commissioner may conduct investigations or examinations of providers, administrators, insurers, or other persons to enforce this chapter and protect service contract holders in this state. Upon request of the commissioner, the provider shall make all accounts, books, and records concerning service contracts sold in this state by the provider available to the commissioner which are necessary to enable the commissioner to reasonably determine compliance or noncompliance with this chapter.
(b) Providers, administrators, or insurers being examined shall pay to the commissioner the travel expense to and from such examination, a living expense allowance at reasonable rates customary for the examination in the state where the examination takes place and as established or adopted by regulation of the commissioner, and the compensation of the examiners making the examination, upon presentation by the commissioner of a detailed account of the allowances and expenses. The account may be presented periodically during the course of the examination or at the termination of the examination, as the commissioner deems proper. All payments collected by the commissioner shall be paid into the special fund provided by Section 8-32-3(c) and used to pay the cost of the examination of providers.
(c) The commissioner may take action which is necessary or appropriate to enforce this chapter and the commissioner's regulations and orders, and to protect service contract holders in this state.
(d) If a provider has violated this chapter or the commissioner's regulations or orders, the commissioner may issue an order directed to that provider (i) to cease and desist from committing violations of this chapter or the commissioner's regulations or orders; (ii) prohibiting that provider from selling or offering for sale service contracts in violation of this chapter; or (iii) imposing a civil penalty on that provider; or (iv) any combination of the foregoing, as applicable.
(1) A person aggrieved by an order issued under this subsection (d) may request a hearing before the commissioner. The hearing request shall be filed with the commissioner within 20 days of the date the commissioner's order is effective.
(2) If a hearing is requested, pending the hearing and the decision by the commissioner, the effective date of the order automatically shall be suspended until completion of the hearing and final decision of the commissioner.
(3) At the hearing, the burden shall be on the commissioner to show why the order issued pursuant to this subsection is justified. The provisions of Sections 27-2-30, 27-2-31, and 27-2-32 shall apply to a hearing requested under this subsection (d).
(e) The commissioner may bring an action in the Circuit Court of Montgomery County, Alabama, for an injunction or other appropriate relief to enjoin threatened or existing violations of this chapter or of the commissioner's orders or regulations. An action filed under this section also may seek restitution on behalf of persons aggrieved by a violation of this chapter or orders or regulations of the commissioner.
(f) A person who is found to have violated this chapter may be ordered to pay to the commissioner a civil penalty in an amount determined by the commissioner of not more than five hundred dollars ($500) per violation and no more than ten thousand dollars ($10,000) in the aggregate for all violations of a similar nature. For purposes of this section, violations shall be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the act, conduct, or practice which is determined to be a violation of this chapter occurred. All civil penalties collected shall be paid into the special fund provided by Section 8-32-3(c) and used in the supervision and examination of providers and otherwise in the administration of this chapter.
(Acts 1997, No. 97-445, p. 753, §10.)
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https://law.justia.com/codes/alabama/title-8/chapter-32/section-8-32-11/
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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 32 - Service Contracts.›Section 8-32-11 - Rules and Regulations.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-11 - Rules and Regulations.
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Section 8-32-11
Rules and regulations.
The commissioner may promulgate reasonable rules and regulations necessary to implement this chapter.
(Acts 1997, No. 97-445, p. 753, §11.)
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https://law.justia.com/codes/alabama/title-8/chapter-32/section-8-32-12/
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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 32 - Service Contracts.›Section 8-32-12 - Service Contracts Prior to January 1, 1998.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 32 - Service Contracts. › Section 8-32-12 - Service Contracts Prior to January 1, 1998.
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Section 8-32-12
Service contracts prior to January 1, 1998.
Service contracts entered into prior to January 1, 1998, and renewals thereof, may but are not required to comply with this chapter. Providers and other persons are not required to comply with this chapter until January 1, 1998. A provider or other person may, but is not required to, implement the requirements of this chapter prior to January 1, 1998. The failure of a provider or other person to comply with this chapter or otherwise to administer a service contract plan, in the manner required by this chapter prior to January 1, 1998, shall not be admissible in any court, arbitration, or alternative dispute resolution proceedings or otherwise used to prove that the action of any person or the service contract was unlawful or otherwise improper.
(Acts 1997, No. 97-445, p. 753, §13.)
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https://law.justia.com/codes/alabama/title-8/chapter-33/section-8-33-1/
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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 33 - Vehicle Protection Product Act.›Section 8-33-1 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-1 - Short Title.
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Section 8-33-1
Short title.
This chapter shall be known and may be cited as the Vehicle Protection Product Act.
(Act 2006-600, p. 1638, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-33/section-8-33-2/
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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 33 - Vehicle Protection Product Act.›Section 8-33-2 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-2 - Definitions.
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Section 8-33-2
Definitions.
As used in this chapter, the following words shall have the following meanings:
(1) ADMINISTRATOR. A third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties.
(2) COMMISSIONER. The Commissioner of the Department of Insurance.
(3) DEPARTMENT. The Department of Insurance.
(4) INCIDENTAL COSTS. Expenses specified in the warranty incurred by the warranty holder related to the failure of the vehicle protection product to perform as provided in the warranty. Incidental costs may include, without limitation, insurance policy deductibles, rental vehicle charges, the difference between the actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees, and mechanical inspection fees.
(5) SERVICE CONTRACT. A contract or agreement as defined in subdivision (13) of Section 8-32-2.
(6) VEHICLE PROTECTION PRODUCT. A vehicle protection device, system, or service that is all of the following:
a. Installed on or applied to a vehicle.
b. Is designed to prevent loss or damage to a vehicle from a specific cause.
c. Includes a written warranty.
For purposes of this chapter, the term vehicle protection product shall include, without limitation, alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices. A vehicle protection product is not insurance for any purpose.
(7) VEHICLE PROTECTION PRODUCT WARRANTOR or WARRANTOR. A person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. Warrantor does not include an authorized insurer providing a warranty reimbursement insurance policy.
(8) VEHICLE PROTECTION PRODUCT WARRANTY or WARRANTY. A written agreement by a warrantor that provides if the vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, that the warranty holder shall be paid specified incidental costs by the warrantor as a result of the failure of the vehicle protection product to perform pursuant to the terms of the warranty. Incidental costs may be reimbursed under the provisions of the warranty in either a fixed amount specified in the warranty or sales agreement or by use of a formula itemizing specific incidental costs incurred by the warranty holder.
(9) WARRANTY HOLDER. The person who purchases a vehicle protection product or who is a permitted transferee.
(10) WARRANTY REIMBURSEMENT INSURANCE POLICY. A policy of insurance that is issued to the vehicle protection product warrantor to provide reimbursement to the warrantor or to pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor.
(Act 2006-600, p. 1638, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-33/section-8-33-3/
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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 33 - Vehicle Protection Product Act.›Section 8-33-3 - Compliance.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-3 - Compliance.
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Section 8-33-3
Compliance.
(a) No vehicle protection product may be sold or offered for sale in this state unless the seller, warrantor, and administrator, if any, comply with the provisions of this chapter.
(b) Vehicle protection product warrantors and related vehicle protection product sellers and warranty administrators complying with this chapter are not required to comply with and are not subject to any other provision of the Alabama Insurance Code.
(c) Service contract providers who do not sell vehicle protection products are not subject to the requirements of this chapter and sales of vehicle protection products are exempt from the requirements of Chapter 32.
(d) Warranties, indemnity agreements, and guarantees that are not provided as a part of a vehicle protection product are not subject to this chapter.
(Act 2006-600, p. 1638, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-33/section-8-33-4/
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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 33 - Vehicle Protection Product Act.›Section 8-33-4 - Registration Requirements.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-4 - Registration Requirements.
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Section 8-33-4
Registration requirements.
(a) A person may not operate as a warrantor or represent to the public that the person is a warrantor unless the person is registered with the department on a form prescribed by the commissioner.
(b) Warrantor registration records shall be filed annually and shall be updated within 30 days of any change. The registration records shall contain the following information:
(1) The warrantor's name, any fictitious names under which the warrantor does business in the state, principal office address, and telephone number.
(2) The name and address of the warrantor's agent for service of process in the state if other than the warrantor.
(3) The names of the warrantor's executive officer or officers directly responsible for the warrantor's vehicle protection product business.
(4) The name, address, and telephone number of any administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this state.
(5) A copy of the warranty reimbursement insurance policy or policies or other financial information required by Section 8-33-5.
(6) A copy of each warranty the warrantor proposes to use in this state.
(7) A statement indicating under which provision of Section 8-33-5 the warrantor qualifies to do business in this state as a warrantor.
(c) The commissioner may charge each registrant a reasonable fee to offset the cost of processing the registration and maintaining the records in an amount not to exceed two hundred fifty dollars ($250) annually. The information in subdivisions (1) and (2) of subsection (b) shall be made available to the public.
(d) If a registrant fails to register by the renewal deadline, the commissioner shall give him or her written notice of the failure and the registrant will have 30 days to complete the renewal of his or her registration before he or she is suspended from being registered in this state.
(e) An administrator or person who sells or solicits a sale of a vehicle protection product but who is not a warrantor shall not be required to register as a warrantor or be licensed under the insurance laws of this state to sell vehicle protection products.
(Act 2006-600, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-33/section-8-33-5/
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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 33 - Vehicle Protection Product Act.›Section 8-33-5 - Conditions for Warrantors.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-5 - Conditions for Warrantors.
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Section 8-33-5
Conditions for warrantors.
(a) No vehicle protection product shall be sold or offered for sale in this state unless the warrantor meets one of the conditions in subsection (b) or (c) in order to ensure adequate performance under the warranty. No other financial security requirements or financial standards for warrantors shall be required.
(b) The vehicle protection product warrantor is insured under a warranty reimbursement insurance policy issued by an insurer authorized to do business in this state which provides that:
(1) The insurer will pay to, or on behalf of, the warrantor 100 percent of all sums that the warrantor is legally obligated to pay according to the warrantor's contractual obligations under the warrantor's vehicle protection product warranty.
(2) A true and correct copy of the warranty reimbursement insurance policy has been filed with the commissioner by the warrantor.
(3) The policy contains the provision required in Section 8-33-6.
(c)(1) The vehicle protection product warrantor, or its parent company, maintains a net worth or stockholders' equity of fifty million dollars ($50,000,000).
(2) The warrantor provides the commissioner with a copy of the warrantor's or the warrantor's parent company's most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission within the last calendar year or, if the warrantor does not file with the Securities and Exchange Commission, a copy of the warrantor's or the warrantor's parent company's audited financial statements that shows a net worth of the warrantor or its parent company of at least fifty million dollars ($50,000,000). If the warrantor's parent company's Form 10-K, Form 20-F, or audited financial statements are filed to meet the warrantor's financial stability requirement, then the parent company shall agree to guarantee the obligations of the warrantor relating to warranties issued by the warrantor in this state. The audited financial statements filed pursuant to this section shall be exempt from public disclosure under Section 36-12-40.
(Act 2006-600, p. 1638, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-33/section-8-33-6/
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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 33 - Vehicle Protection Product Act.›Section 8-33-6 - Conditions for Policies.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-6 - Conditions for Policies.
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Section 8-33-6
Conditions for policies.
No warranty reimbursement insurance policy shall be issued, sold, or offered for sale in this state unless the policy meets the following conditions:
(1) The policy states that the issuer of the policy will reimburse or pay on behalf of the vehicle protection product warrantor all covered sums which the warrantor is legally obligated to pay or will provide all service that the warrantor is legally obligated to perform according to the warrantor's contractual obligations under the provisions of the insured warranties sold by the warrantor.
(2) The policy states that in the event payment due under the terms of the warranty is not provided by the warrantor within 60 days after proof of loss has been filed according to the terms of the warranty by the warranty holder, the warranty holder may file directly with the warranty reimbursement insurance company for reimbursement.
(3) The policy provides that a warranty reimbursement insurance company that insures a warranty shall be deemed to have received payment of the premium if the warranty holder paid for the vehicle protection product and the insurer's liability under the policy shall not be reduced or relieved by a failure of the warrantor, for any reason, to report the issuance of a warranty to the insurer.
(4) The policy has the following provisions regarding cancellation of the policy:
a. The issuer of a reimbursement insurance policy shall not cancel such policy until a notice of cancellation in writing has been mailed or delivered to the commissioner and each insured warrantor.
b. The cancellation of a reimbursement insurance policy shall not reduce the issuer's responsibility for vehicle protection products sold prior to the date of cancellation.
c. In the event an insurer cancels a policy that a warrantor has filed with the commissioner, the warrantor shall do either of the following:
1. File a copy of a new policy with the commissioner, before the termination of the prior policy, providing no lapse in coverage following the termination of the prior policy.
2. Discontinue acting as a warrantor as of the termination date of the policy until a new policy becomes effective and is accepted by the commissioner.
(Act 2006-600, p. 1638, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-33/section-8-33-7/
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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 33 - Vehicle Protection Product Act.›Section 8-33-7 - Form and Contents of Warranty.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-7 - Form and Contents of Warranty.
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Section 8-33-7
Form and contents of warranty.
(a) Every vehicle protection product warranty in its entirety shall be written, printed, or typed in eight point type size or larger and shall not be sold or offered for sale in this state unless the warranty:
(1) States that the obligations of the warrantor to the warranty holder are guaranteed under a warranty reimbursement insurance policy if the warrantor elects to meet its financial responsibility obligations under subsection (b) of Section 8-33-5 or states that the obligations of the warrantor under the warranty are backed by the full faith and credit of the warrantor if the warrantor elects to meet its financial responsibility obligations under subsection (c) of Section 8-33-5.
(2) States that in the event a warranty holder must make a claim against a party other than the warranty reimbursement insurance policy issuer, the warranty holder is entitled to make a direct claim against the insurer upon the failure of the warrantor to pay any claim or meet any obligation under the terms of the warranty within 60 days after proof of loss has been filed with the warrantor.
(3) States the name and address of the issuer of the warranty reimbursement insurance policy and this information need not be preprinted on the warranty form, but may be added to or stamped on the warranty, if the warrantor elects to meet its financial responsibility obligations under subsection (c) of Section 8-33-5.
(4) Identifies the warrantor, the seller, and the warranty holder.
(5) Sets forth the total purchase price and the terms under which it is to be paid, however, the purchase price is not required to be preprinted on the vehicle protection product warranty and may be negotiated with the consumer at the time of sale.
(6) Sets forth the procedure for making a claim, including a telephone number.
(7) States the existence of a deductible amount, if any.
(8) Specifies the payments or performance to be provided under the warranty including payments for incidental costs, the manner of calculation or determination of payments or performance, and any limitations, exceptions, or exclusions.
(9) Sets forth all of the obligations and duties of the warranty holder including the duty to protect against any further damage to the vehicle, the obligation to notify the warrantor in advance of any repair, or other similar requirements, if any.
(10) Sets forth any terms, restrictions, or conditions governing transferability of the warranty, if any.
(11) Contains a disclosure that reads substantially as follows: "This agreement is a product warranty and is not insurance."
(b) At the time of sale, the seller or warrantor shall provide one of the following to the purchaser:
(1) A copy of the vehicle protection product warranty.
(2) A receipt or other written evidence of the purchase of the vehicle protection product and a copy of the warranty within 30 days of the date of purchase.
(Act 2006-600, p. 1638, §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 33 - Vehicle Protection Product Act.›Section 8-33-8 - Cancellation of Warranty.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-8 - Cancellation of Warranty.
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Section 8-33-8
Cancellation of warranty.
(a) No vehicle protection product may be sold or offered for sale in this state unless the vehicle protection product warranty clearly states the terms and conditions governing the cancellation of the sale and warranty, if any.
(b) The warrantor may only cancel the warranty if the warranty holder does any of the following:
(1) Fails to pay for the vehicle protection product.
(2) Makes a material misrepresentation to the seller or warrantor.
(3) Commits fraud related to the purchase of the vehicle protection product, registration of the warranty, or a claim made under the warranty.
(4) Substantially breaches the warranty holder's duties under the warranty.
(c) A warrantor canceling a warranty shall mail written notice of cancellation to the warranty holder at the last address of the warranty holder in the warrantor's records at least 30 days prior to the effective date of the cancellation. The notice shall state the effective date of the cancellation and the reason for cancellation.
(Act 2006-600, p. 1638, §8.)
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https://law.justia.com/codes/alabama/title-8/chapter-33/section-8-33-9/
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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 33 - Vehicle Protection Product Act.›Section 8-33-9 - Prohibited Acts.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-9 - Prohibited Acts.
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Section 8-33-9
Prohibited acts.
(a) Unless licensed as an insurance company, a vehicle protection product warrantor shall not use in its name, contracts, or literature, any of the words "insurance," "casualty," "surety," "mutual," or any other words descriptive of the insurance, casualty, or surety business or deceptively similar to the name or description of any insurance or surety corporation, or any other vehicle protection product warrantor. A warrantor may use the term "guaranty" or similar word in the warrantor's name.
(b) A vehicle protection product seller or warrantor may not require as a condition of sale or financing that a retail purchaser of a motor vehicle purchase a vehicle protection product that is not installed on the motor vehicle at the time of sale.
(Act 2006-600, p. 1638, §9.)
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https://law.justia.com/codes/alabama/title-8/chapter-33/section-8-33-10/
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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 33 - Vehicle Protection Product Act.›Section 8-33-10 - Record Keeping Requirements.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-10 - Record Keeping Requirements.
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Section 8-33-10
Record keeping requirements.
(a) All vehicle protection product warrantors shall keep accurate accounts, books, and records concerning transactions regulated under this chapter.
(b) A vehicle protection product warrantor's accounts, books, and records shall include:
(1) Copies of all vehicle protection product warranties.
(2) The name and address of each warranty holder.
(3) The dates, amounts, and descriptions of all receipts, claims, and expenditures.
(c) A vehicle protection product warrantor shall retain all required accounts, books, and records pertaining to each warranty holder for at least two years after the specified period of coverage has expired. A warrantor discontinuing business in this state shall maintain its records until it furnishes the commissioner satisfactory proof that it has discharged all obligations to warranty holders in this state.
(d) Vehicle protection product warrantors shall make all accounts, books, and records concerning transactions regulated under this chapter available to the commissioner for examination.
(Act 2006-600, p. 1638, §10.)
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https://law.justia.com/codes/alabama/title-8/chapter-33/section-8-33-11/
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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 33 - Vehicle Protection Product Act.›Section 8-33-11 - Enforcement Provisions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-11 - Enforcement Provisions.
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Section 8-33-11
Enforcement provisions.
(a) The commissioner may conduct examinations of warrantors, administrators, or other persons to enforce this chapter and protect warranty holders in this state. Upon request of the commissioner, a warrantor shall make available to the commissioner all accounts, books, and records concerning vehicle protection products sold by the warrantor that are necessary to enable the commissioner to reasonably determine compliance or noncompliance with this chapter.
(b) The commissioner may take action that is necessary or appropriate to enforce this chapter, the commissioner's rules and orders, and to protect warranty holders in this state. If a warrantor engages in a pattern or practice of conduct that violates this chapter and that the commissioner reasonably believes threatens to render the warrantor insolvent or cause irreparable loss or injury to the property or business of any person or company located in this state, the commissioner may do any of the following:
(1) Issue an order directed to that warrantor to cease and desist from engaging in further acts, practices, or transactions that are causing the conduct.
(2) Issue an order prohibiting that warrantor from selling or offering for sale vehicle protection products in violation of this chapter.
(3) Issue an order imposing a civil penalty on that warrantor.
(4) Issue any combination of the foregoing, as applicable.
(c) Prior to the effective date of any order issued pursuant to subsection (b), the commissioner must provide written notice of the order to the warrantor and the opportunity for a hearing to be held within 10 business days after receipt of the notice, except prior notice and hearing shall not be required if the commissioner reasonably believes that the warrantor has become, or is about to become, insolvent.
(d) A person aggrieved by an order issued under this section may request a hearing before the commissioner. The hearing request shall be filed with the commissioner within 20 days after the date the commissioner's order is effective, and the commissioner must hold such a hearing within 15 days after receipt of the hearing request.
(e) At the hearing, the burden shall be on the commissioner to show why the order issued pursuant to this section is justified. The provisions of the Alabama Department of Insurance Administrative Code Chapter 482-1-065 shall apply to a hearing request under this section.
(f) The commissioner may bring an action in any court of competent jurisdiction for an injunction or other appropriate relief to enjoin threatened or existing violations of this chapter or of the commissioner's orders or rules. An action filed under this section also may seek restitution on behalf of persons aggrieved by a violation of this chapter or orders or rules of the commissioner.
(g) A person who is found to have violated this chapter or orders or rules of the commissioner may be ordered to pay to the commissioner a civil penalty in an amount, determined by the commissioner, of not more than five hundred dollars ($500) per violation and not more than ten thousand dollars ($10,000) in the aggregate for all violations of a similar nature. For purposes of this section, violations shall be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the conduct, action, or practice that is determined to be a violation of this chapter occurred.
(h) This chapter does not create a separate civil cause of action.
(Act 2006-600, p. 1638, §11.)
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https://law.justia.com/codes/alabama/title-8/chapter-33/section-8-33-12/
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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 33 - Vehicle Protection Product Act.›Section 8-33-12 - Rules and Regulations.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-12 - Rules and Regulations.
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Section 8-33-12
Rules and regulations.
The commissioner may adopt such administrative rules consistent with this chapter as are necessary to implement this chapter. Such rules and regulations shall include disclosures for the benefit of the warranty holder, record keeping, and procedures for public complaints. Such rules and regulations shall also include the conditions under which surplus lines insurers may be rejected for the purpose of underwriting vehicle protection product warranty agreements.
(Act 2006-600, p. 1638, §12.)
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https://law.justia.com/codes/alabama/title-8/chapter-33/section-8-33-13/
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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 33 - Vehicle Protection Product Act.›Section 8-33-13 - Applicability.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-13 - Applicability.
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Section 8-33-13
Applicability.
This chapter applies to all vehicle protection products sold or offered for sale on or after January 1, 2007. The failure of any person to comply with this chapter prior to January 1, 2007, shall not be admissible in any court proceeding, administrative proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise be used to prove that the action of any person or the affected vehicle protection product was unlawful or otherwise improper. The adoption of this chapter does not imply that a vehicle protection product warranty was insurance prior to January 1, 2007. The penalty provisions of this chapter do not apply to any violation of this chapter relating to or in connection with the sale or failure to disclose in a retail installment contract or lease, or contract or agreement that provides for payments under a vehicle protection product warranty as long as the sale of such product, contract, or agreement was otherwise disclosed to the purchaser in writing at the time of the purchase or lease. In the event of a violation for which the penalty provisions of this chapter do not apply, the court shall award actual damages and costs, including reasonable attorney's fees. Nothing in this section shall be construed to require the application of the penalty provisions where this section is not applicable.
(Act 2006-600, p. 1638, §13.)
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https://law.justia.com/codes/alabama/title-8/chapter-33/section-8-33-14/
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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 33 - Vehicle Protection Product Act.›Section 8-33-14 - Disposition of Funds; Examination Expenses.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 33 - Vehicle Protection Product Act. › Section 8-33-14 - Disposition of Funds; Examination Expenses.
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Section 8-33-14
Disposition of funds; examination expenses.
(a) All fees collected pursuant to this chapter shall be paid into the Insurance Department Fund for the enforcement of this chapter.
(b) Each person being examined by the commissioner in the enforcement of this chapter shall be liable for and pay the expenses of the examination as provided in Section 27-2-25.
(Act 2021-163, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-34/section-8-34-1/
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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 34 - Dealers in Gold or Precious Items.›Section 8-34-1 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 34 - Dealers in Gold or Precious Items. › Section 8-34-1 - Definitions.
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Section 8-34-1
Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) DEALER. Any person, corporation, or partnership that engages in the business of purchasing precious items for the purpose of reselling such items in any form. A dealer does not include a manufacturer, retail merchant, pawnbroker licensed by the Alabama State Banking Department, or person in the wholesale business.
(2) LOCAL LAW ENFORCEMENT AGENCY. The chief of police for businesses located within the jurisdiction of a municipality and the county sheriff for businesses located outside the jurisdiction of a municipality.
(3) PERMANENT PLACE OF BUSINESS. A fixed premises either owned by the dealer or leased by the dealer for at least one year.
(4) PRECIOUS ITEM. Any of the following:
a. An article made in whole or in part of gold, silver, or platinum.
b. Precious or semiprecious stones or pearls whether mounted or unmounted.
(5) PURCHASE. The acquisition of a precious item or items for a consideration of cash, goods, or another precious item.
(Act 2010-732, p. 1843, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-34/section-8-34-2/
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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 34 - Dealers in Gold or Precious Items.›Section 8-34-2 - License Required.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 34 - Dealers in Gold or Precious Items. › Section 8-34-2 - License Required.
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Section 8-34-2
License required.
(a) Each dealer engaged in the business of purchasing precious items for the purpose of reselling the items shall purchase a state license in the amount of one hundred dollars ($100) and a county license in the amount of fifty dollars ($50) under Article 1, Chapter 12, Title 40. The dealer shall purchase one state license per year and shall annually purchase the county license in each county where he or she conducts business. No dealer shall operate in the State of Alabama unless he or she first obtains the business license required herein to engage in the business of purchasing precious items.
(b) A dealer may only operate from the permanent place of business listed on the business license. The dealer shall forward a copy of each state and county license to the local law enforcement agency within five days of receipt.
(Act 2010-732, p. 1843, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-34/section-8-34-3/
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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 34 - Dealers in Gold or Precious Items.›Section 8-34-3 - Documentation of Items and Identification of Sellers; Weekly Report to Law Enforcem...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 34 - Dealers in Gold or Precious Items. › Section 8-34-3 - Documentation of Items and Identification of Sellers; Weekly Report to Law Enforcement Agency.
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Section 8-34-3
Documentation of items and identification of sellers; weekly report to law enforcement agency.
(a) Each dealer shall keep for six months from the date of purchase of a precious item and make available on request of a local law enforcement agency:
(1) The name, current address, date of birth, and signature of the person from whom the dealer purchased the item.
(2) A description of the person, including height, weight, race, complexion, and hair color.
(3) A valid identification card number as outlined in subsection (b).
(4) A list describing the items purchased from that person.
(b) (1) Before making a purchase, a dealer shall require the person from whom he or she is purchasing to identify himself or herself with a valid driver's license, a non-driver's identification card, armed services identification card, or other valid photo identification sufficient to obtain the information required pursuant to subsection (a).
(2) The method of photo identification shall contain a traceable serial number to be recorded by the dealer.
A list of the acceptable forms of photo identification shall be provided by each local law enforcement agency.
(c) Each dealer, at least once each week in which he or she makes a purchase, shall make out and deliver to the local law enforcement agency a true, complete, and legible list of all items purchased during the period since the last report. The dealer shall use local law enforcement agency forms to meet the requirements of this subsection if such forms are issued by the local law enforcement agency. The list shall include:
(1) The brand name and serial number, if any, of the item or items purchased.
(2) An accurate description of each item sufficient to enable the law enforcement agency to identify the item.
(3) The date and time when the item was received.
(4) The amount paid for each item.
(5) All information pursuant to subsection (a).
(Act 2010-732, p. 1843, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-34/section-8-34-4/
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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 34 - Dealers in Gold or Precious Items.›Section 8-34-4 - Retention of Items; Payment; Purchase From Persons Under 18 Years of Age.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 34 - Dealers in Gold or Precious Items. › Section 8-34-4 - Retention of Items; Payment; Purchase From Persons Under 18 Years of Age.
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Section 8-34-4
Retention of items; payment; purchase from persons under 18 years of age.
(a) Any item purchased shall be held in the same shape and form as receipted for in the dealer's custody for 15 business days after delivering the list to the local law enforcement agency as required under this chapter.
(b) Payment to the seller shall be by check only, made payable to a named actual intended seller.
(c) It is presumptive evidence of intent to violate this chapter if the items purchased are not listed or fail to agree with the description contained in the required list.
(d) On notification by a law enforcement agency or district attorney's office that the items purchased are the fruits of a crime, the dealer may not dispose of those items.
(e) A dealer may not purchase items from any person under 18 years of age unless the person is accompanied by a parent or guardian who shall submit identification as required under this chapter.
(Act 2010-732, p. 1843, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-34/section-8-34-5/
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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 34 - Dealers in Gold or Precious Items.›Section 8-34-5 - Display of Chapter.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 34 - Dealers in Gold or Precious Items. › Section 8-34-5 - Display of Chapter.
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Section 8-34-5
Display of chapter.
Each dealer shall prominently display a copy of this chapter in a conspicuous place on the premises of the business.
(Act 2010-732, p. 1843, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-34/section-8-34-6/
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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 34 - Dealers in Gold or Precious Items.›Section 8-34-6 - Violations.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 34 - Dealers in Gold or Precious Items. › Section 8-34-6 - Violations.
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Section 8-34-6
Violations.
A person who violates this chapter is guilty of a Class B misdemeanor.
(Act 2010-732, p. 1843, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-34/section-8-34-7/
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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 34 - Dealers in Gold or Precious Items.›Section 8-34-7 - Application.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 34 - Dealers in Gold or Precious Items. › Section 8-34-7 - Application.
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Section 8-34-7
Application.
This chapter does not apply to any person who purchases precious items from a retail merchant, pawnbroker licensed by the Alabama State Banking Department, manufacturer, or wholesale dealer.
(Act 2010-732, p. 1843, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-35/section-8-35-1/
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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 35 - Consumer Credit Report Security Freeze.›Section 8-35-1 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 35 - Consumer Credit Report Security Freeze. › Section 8-35-1 - Definitions.
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Section 8-35-1
Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) CONSUMER. A natural person residing in this state.
(2) CONSUMER CREDIT REPORT. A consumer report, as defined in 15 U.S.C. §1681a(d), that a consumer reporting agency furnishes to a person which it has reason to believe intends to use the information as a factor in establishing the consumer's eligibility for credit to be used primarily for personal, family, or household purposes.
(3) CONSUMER CREDIT REPORTING AGENCY. Any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer credit reports to third parties.
(4) NORMAL BUSINESS HOURS. Any day between the hours of 8:00 A.M. and 9:30 P.M., Central Standard Time.
(5) PERSON. Any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.
(6) PROPER IDENTIFICATION. Information generally deemed sufficient to identify a person for consumer reporting agency purposes under 15 U.S.C. §1681 et seq.
(7) SECURITY FREEZE. A restriction placed on a consumer credit report at the request of the consumer that prohibits a consumer credit reporting agency from releasing the consumer's consumer credit report for a purpose relating to the extension of credit without the express authorization of the consumer.
(Act 2012-500, p. 1470, §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 35 - Consumer Credit Report Security Freeze.›Section 8-35-2 - Security Freeze on Credit Report.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 35 - Consumer Credit Report Security Freeze. › Section 8-35-2 - Security Freeze on Credit Report.
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Section 8-35-2
Security freeze on credit report.
(a) A consumer may place a security freeze on the consumer's credit report by making a request in writing by certified mail to a consumer credit reporting agency. No later than August 31, 2012, a consumer credit reporting agency shall make available to consumers an Internet based method of requesting a security freeze and a toll-free telephone number for consumers to use to place a security freeze, temporarily lift a security freeze, or completely remove a security freeze. A security freeze shall prohibit, subject to exceptions in subsection (m), the consumer credit reporting agency from releasing the consumer's credit report or credit score without the prior express authorization of the consumer as provided in subsection (d) or (e). Nothing in this subsection shall prevent a consumer credit reporting agency from advising a third party that a security freeze is in effect with respect to the consumer's credit report.
(b) A consumer credit reporting agency shall place a security freeze on a consumer's credit report no later than three business days after receiving the consumer's written request sent by certified mail.
(c) The consumer credit reporting agency shall send a written confirmation of the security freeze to the consumer within 10 business days of placing the security freeze and at the same time shall provide the consumer with a unique personal identification number or password, other than the consumer's Social Security number, to be used by the consumer when providing authorization for the release of the consumer's credit report for a specific period of time.
(d) If the consumer wishes to allow the consumer's credit report to be accessed for a specific period of time while a security freeze is in place, the consumer shall contact the consumer credit reporting agency through the contact method established by the consumer credit reporting agency, request that the security freeze be temporarily lifted, and provide all of the following:
(1) Proper identification.
(2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c).
(3) The proper information regarding the time period for which the report shall be available to users of the consumer credit report.
(4) The proper payment as may be required by the consumer credit reporting agency.
(e) A consumer credit reporting agency shall develop procedures involving the use of telephone, the Internet, or other electronic media to receive and process a request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d).
(f) A consumer credit reporting agency that receives a request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d) or (e) shall comply with the request as follows:
(1) No later than three business days after receiving a written request.
(2) Within 15 minutes after the request and payment are received by telephone or electronically by the contact method chosen by the consumer reporting agency during normal business hours and the request includes the consumer's proper identification, correct personal identification number or password, and the proper payment as may be required by the consumer credit reporting agency.
(g) A consumer reporting agency need not temporarily lift a security freeze within 15 minutes, as specified in subdivision (2) of subsection (f), if either of the following occurs:
(1) The consumer fails to satisfy the requirements of subsection (d).
(2) The consumer credit reporting agency's ability to temporarily lift the security freeze within 15 minutes is prevented by the following:
a. An act of God, including earthquakes, hurricanes, storms, or similar natural disaster or phenomenon, or fire.
b. Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrence.
c. Operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption.
d. Governmental action, including emergency orders or regulations, judicial or law enforcement action, or similar directives.
e. Regularly scheduled maintenance or updates, during other than normal business hours, to the consumer reporting agency's systems.
f. Commercially reasonable maintenance of, or repair to, the consumer reporting agency's systems that is unexpected or unscheduled.
g. Receipt of a request outside of normal business hours.
(h) A consumer credit reporting agency shall only remove or temporarily lift a security freeze placed on a consumer's credit report upon any of the following circumstances:
(1) Upon the consumer's request, in compliance with the requirements of this section.
(2) If the consumer's credit report was frozen due to a material misrepresentation of fact by the consumer. If a consumer credit reporting agency intends to remove a security freeze upon a consumer's credit report pursuant to this subdivision, the consumer credit reporting agency shall notify the consumer in writing prior to removing the security freeze on the consumer's credit report.
(i) If a third party requests access to a consumer credit report on which a security freeze is in effect and this request is in connection with an application for credit or any other use related to the extension of credit and the consumer does not allow the consumer's credit report to be accessed for that specific period of time, the third party may treat the application as incomplete.
(j) If a consumer requests a security freeze pursuant to this section, the consumer credit reporting agency shall disclose to the consumer the process of placing and temporarily lifting a security freeze and the process for allowing access to information from the consumer's credit report for a specific period of time while the security freeze is in place.
(k) A security freeze shall remain in place until the consumer requests that the security freeze be removed. A consumer credit reporting agency shall remove a security freeze within three business days of receiving a request for removal from the consumer. The consumer shall provide all of the following:
(1) Proper identification.
(2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c).
(3) The proper fee as may be required by the consumer credit reporting agency.
(l) A consumer credit reporting agency shall require proper identification of the person making a request to place, temporarily lift, or remove a security freeze.
(m) This section shall not apply to the use of a consumer report by any of the following persons or entities. The persons and entities exempt from this section include but are not limited to:
(1) A person, or the person's subsidiary, affiliate, agent, subcontractor, or assignee with whom the consumer has, or prior to assignment had, an account, contract, or debtor-creditor relationship for the purposes of reviewing the active account or collecting the financial obligation owing for the account, contract, or debt.
(2) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under subsection (d) for purposes of facilitating the extension of credit or other permissible use.
(3) Any person acting pursuant to a court order, warrant, or subpoena.
(4) A state or local agency, or its agents or assigns, which administers a program for establishing and enforcing child support obligations.
(5) A state or local agency, or its agents or assigns, acting to investigate fraud, including Medicaid fraud; acting to investigate or collect delinquent taxes or assessments, including interest, penalties, and unpaid court orders; or acting to fulfill any of its other statutory responsibilities.
(6) A federal, state, or local governmental entity, including a law enforcement agency, court, or its agents or assigns.
(7) Any person for the use of a credit report for purposes permitted under 15 U.S.C. §1681b(c).
(8) Any person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed.
(9) Any person for the purpose of providing a consumer with a copy of the consumer's credit report or credit score upon the consumer's request.
(10) Any depository financial institution for checking, savings, and investment accounts.
(11) Any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting.
(n) If a security freeze is in place, a consumer credit reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer's file: Name, date of birth, Social Security number, and address. Written confirmation shall not be required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and the former address.
(o) The following persons shall not be required to place a security freeze in a consumer credit report pursuant to this section, provided, however, that any person not required to place a security freeze on a consumer credit report under the provisions of subdivision (3) shall be subject to any security freeze placed on a consumer credit report by another consumer credit reporting agency from which it obtains information:
(1) A check services or fraud prevention services company, including reports on incidents of fraud, or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment.
(2) A deposit account information service company which issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or other similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.
(3) Resellers of consumer credit report information that assemble and merge information contained in a database of one or more consumer credit reporting agencies and do not maintain a permanent database of consumer credit information from which new consumer credit reports are produced.
(4) A consumer credit reporting agency's database or file which consists of information concerning, and used for, one or more of the following:
a. Criminal record information.
b. Fraud prevention or detection.
c. Personal claim loss history information.
d. Employment, tenant, or individual background screening.
(p) This section shall not prevent a consumer credit reporting agency from charging a fee of no more than ten dollars ($10) to a consumer for each security freeze placement, any permanent removal of the security freeze, or any temporary lifting of the security freeze for a period of time. A consumer credit reporting agency shall not charge a person age 65 years or over for the placement of a security freeze. A consumer credit reporting agency shall not charge any fee to a victim of identity theft who has submitted a copy of a valid investigative or incident report or complaint with a law enforcement agency about the unlawful use of the victim's identifying information by another person that was filed with the law enforcement agency no more than 90 days prior to the consumer's request for a security freeze. A consumer credit reporting agency may charge a fee of no more than five dollars ($5) to a consumer for each replacement of a unique personal identification number or password.
(q) A person that violates this section may be fined not more than one hundred dollars ($100) for a violation concerning a specific consumer.
(Act 2012-500, p. 1470, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-35/section-8-35-3/
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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 35 - Consumer Credit Report Security Freeze.›Section 8-35-3 - Notice of Rights.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 35 - Consumer Credit Report Security Freeze. › Section 8-35-3 - Notice of Rights.
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Section 8-35-3
Notice of rights.
At any time that a consumer is required to receive a summary of rights required by 15 U.S.C. §1681g(d) of the federal Fair Credit Reporting Act, the consumer shall also be provided with the following notice:
"Alabama Consumers Have the Right to Obtain a Security Freeze. You have a right to place a security freeze on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. A security freeze must be requested in writing by certified mail or by electronic means as provided by a consumer reporting agency. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. If you are actively seeking a new credit, loan, utility, telephone, or insurance account, you should understand that the procedures involved in lifting a security freeze may slow your applications for credit. You should plan ahead and lift a freeze in advance of actually applying for new credit. When you place a security freeze on your credit report, you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or authorize the release of your credit report for a period of time after the freeze is in place.
"To provide that authorization you must contact the consumer reporting agency and provide all of the following:
"(1) Your personal identification number or password.
"(2) Proper identification to verify your identity.
"(3) The proper information regarding the period of time for which the report shall be available. A consumer reporting agency must authorize the release of your credit report no later than 15 minutes after receiving the above information if the request is by electronic means or by telephone, or no later than three business days when a written request is submitted.
"A security freeze does not apply to a person or entity, or its affiliates or collection agencies acting on behalf of the person or entity, with which you have an existing account, that requests information in your credit report for the purposes of reviewing or collecting the account. Reviewing the account includes activities related to account maintenance. Unless you are a victim of identity theft with a police report or other official document acceptable to a consumer reporting agency to verify the crime, or you are 65 years of age or older, a consumer reporting agency has the right to charge you a fee of no more than ten dollars ($10) to place a freeze on your credit report."
(Act 2012-500, p. 1470, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-36/section-8-36-1/
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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 36 - Residential Roofing Controls.›Section 8-36-1 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 36 - Residential Roofing Controls. › Section 8-36-1 - Definitions.
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Section 8-36-1
Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) RESIDENTIAL REAL ESTATE. A new or existing building constructed for habitation by one to four families, including detached garages.
(2) RESIDENTIAL ROOFING CONTRACTOR. A person or entity in the business of contracting or offering to contract with an owner or possessor of residential real estate to repair or replace roof systems.
(3) ROOF SYSTEM. A roof covering, roof sheathing, roof weatherproofing, roof framing, roof ventilation system, and insulation.
(Act 2012-519, p. 1541, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-36/section-8-36-2/
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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 36 - Residential Roofing Controls.›Section 8-36-2 - Cancellation of Residential Roofing Contract; Notice of Cancellation; Payments.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 36 - Residential Roofing Controls. › Section 8-36-2 - Cancellation of Residential Roofing Contract; Notice of Cancellation; Payments.
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Section 8-36-2
Cancellation of residential roofing contract; notice of cancellation; payments.
(a) A person who has entered into a written contract with a residential roofing contractor to provide goods or services to be paid from the proceeds of a property and casualty insurance policy may cancel the contract prior to midnight on the fifth business day if the insured receives written notice from the insurer that all or any part of the claim or contract is not a covered loss under the insurance policy or that the covered claim will not be sufficient to cover the amount of the contract. Cancellation shall be evidenced by the insured giving written notice of cancellation to the residential roofing contractor at the address stated in the contract. Notice of cancellation, if given by mail, shall be effective upon deposit into the United States mail, postage prepaid and properly addressed to the residential roofing contractor and, if given by electronic mail, shall be effective if sent to the electronic mail address stated in the contract. Notice of cancellation need not take a particular form and shall be sufficient if it indicates, by any form of written expression, the intention of the insured not to be bound by the contract.
(b) Before entering a contract as provided in subsection (a), the residential roofing contractor shall do all of the following:
(1) Furnish the insured a statement in boldface type of a minimum size of 10 points, in substantially the following form:
"You may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy or that the covered claim will not be sufficient to cover the amount of the contract. This right to cancel is in addition to any other rights of cancellation which may be found in state or federal law or regulation. See attached notice of cancellation form for an explanation of this right."
(2) Furnish each insured a fully completed form in duplicate, captioned "NOTICE OF CANCELLATION," which shall be attached to the contract but easily detachable, and which shall contain in boldface type of a minimum size of 10 points the following statement:
"NOTICE OF CANCELLATION"
"If you are notified by your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy, or that the covered claim will not be sufficient to cover the amount of the contract, you may cancel the contract by mailing, electronic mailing, or delivering a signed and dated copy of this cancellation notice or any other written notice to [name of contractor] at [address of contractor's place of business], at any time prior to midnight on the fifth business day after you have received such notice from your insurer.
"I HEREBY CANCEL THIS TRANSACTION
_______________
"Date
_______________
"Insured's Signature"
(c) In circumstances in which payment may be made from the proceeds of a property and casualty insurance policy, a residential roofing contractor shall not require any payments from an insured until the five-day cancellation period has expired. If, however, the residential roofing contractor has performed any emergency services, acknowledged by the insured in writing to be necessary to prevent damage to the premises, the residential roofing contractor shall be entitled to collect the amount due for the emergency services at the time they are rendered. Any provision in a contract as provided in subsection (a) that requires the payment of any fee for anything except emergency services shall not be enforceable against any insured who has cancelled a contract pursuant to this section. A residential roofing contractor shall not represent or negotiate, or offer or advertise to represent or negotiate, on behalf of an owner or possessor of residential real estate on any insurance claim in connection with the repair or replacement of roof systems.
(Act 2012-519, p. 1541, §2; Act 2019-99, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-37/section-8-37-1/
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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 37 - Guaranteed Asset Protection Waivers.›Section 8-37-1 - (Effective January 1, 2018) Purpose; Applicability.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 37 - Guaranteed Asset Protection Waivers. › Section 8-37-1 - (Effective January 1, 2018) Purpose; Applicability.
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Section 8-37-1
(Effective January 1, 2018) Purpose; applicability.
(a) The purpose of this chapter is to define guaranteed asset protection waivers (GAP waivers) and to provide that GAP waivers may be offered within this state.
(b) This chapter does not apply to either of the following:
(1) An insurance policy offered by an insurer under the insurance laws of this state.
(2) A debt cancellation or debt suspension contract being offered by a federally regulated financial institution operating under 12 CFR Part 37 or a credit union operating under 12 CFR Part 721 or other federal law; or a debt cancellation or debt suspension contract being offered by a state chartered bank or credit union. Debt cancellation and debt suspension contracts being offered by any of these federal or state regulated financial institutions are not insurance and are exempt from the insurance laws of this state.
(c) Guaranteed asset protection waivers governed under this chapter are not insurance and are exempt from the insurance laws of this state. Persons marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers that comply with this chapter are exempt from insurance licensing and insurance regulation requirements of this state.
(d) This chapter applies only to GAP waivers for financing of motor vehicles as defined in this chapter. This chapter does not affect the validity or enforcement of other asset protection waivers, debt cancellation contracts, or debt suspension agreements.
(Act 2017-392, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-37/section-8-37-2/
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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 37 - Guaranteed Asset Protection Waivers.›Section 8-37-2 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 37 - Guaranteed Asset Protection Waivers. › Section 8-37-2 - Definitions.
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Section 8-37-2
Definitions.
THIS SECTION WAS AMENDED BY ACT 2022-179 IN THE 2022 REGULAR SESSION, EFFECTIVE JANUARY 1, 2023. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
For the purposes of this chapter, the following words have the following meanings:
(1) ADMINISTRATOR. A person, other than an insurer or creditor, that performs administrative or operational functions pursuant to guaranteed asset protection waiver programs.
(2) BORROWER. A debtor, retail buyer or lessee, under a finance agreement.
(3) CREDITOR means any of the following:
a. The lender in a loan or credit transaction.
b. The lessor in a lease transaction.
c. Any retail seller of motor vehicles in a retail installment transaction.
d. The seller in commercial retail installment transactions.
e. The assignees of any of the foregoing to whom the credit or lease obligation is payable.
(4) FINANCE AGREEMENT. A loan, lease, or retail installment sales contract for the purchase or lease of a motor vehicle.
(5) FREE LOOK PERIOD. The period of time from the effective date of the GAP waiver until the date the borrower may cancel the GAP waiver without penalty, fees, or costs to the borrower. This period of time shall not be shorter than 30 days.
(6) GUARANTEED ASSET PROTECTION WAIVER or GAP WAIVER. A contractual agreement in which a creditor agrees for a separate charge to cancel or waive all or part of amounts due on a borrower's finance agreement in the event of a total physical damage loss or unrecovered theft of the motor vehicle, which agreement shall be part of, or a separate addendum to, the finance agreement.
(7) INSURER. An insurance company licensed, registered, or otherwise authorized to do business under the insurance laws of this state.
(8) MOTOR VEHICLE. Self-propelled or towed vehicles designed for personal or commercial use, including but not limited to automobiles, trucks, motorcycles, recreational vehicles, all terrain vehicles, snowmobiles, campers, boats, personal watercraft, and motorcycle, and boat, camper and personal watercraft trailers.
(9) PERSON. An individual, company, association, organization, partnership, business trust, corporation, and every form of legal entity.
(Act 2017-392, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-37/section-8-37-3/
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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 37 - Guaranteed Asset Protection Waivers.›Section 8-37-3 - (Effective January 1, 2018) Gap Waivers Authorized; Charges; Insurance; Creditor Re...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 37 - Guaranteed Asset Protection Waivers. › Section 8-37-3 - (Effective January 1, 2018) Gap Waivers Authorized; Charges; Insurance; Creditor Requirements.
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Section 8-37-3
(Effective January 1, 2018) GAP waivers authorized; charges; insurance; creditor requirements.
(a) GAP waivers may be offered, sold, or provided to borrowers in this state under this chapter.
(b) GAP waivers, at the option of the creditor that offers the GAP waiver, may be sold for a single payment or may be offered with a monthly or periodic payment option.
(c) Notwithstanding any other provision of law and subject to Section 8-37-7, any cost to the borrower for a GAP waiver entered into in compliance with The Truth in Lending Act, 15 U.S.C. §1601 et seq., and its implementing regulations, as they may be amended from time to time, shall be separately stated and is not to be considered a finance charge or interest. If the charge for a GAP waiver is financed, the charge shall be separately itemized on the finance agreement.
(d) A retail seller shall insure its GAP waiver obligations under a contractual liability or other insurance policy issued by an insurer. A creditor, other than a retail seller, may insure its GAP waiver obligations under a contractual liability policy or similar policy issued by an insurer. Any insurance policy may be directly obtained by a creditor, retail seller, or may be procured by an administrator to cover a creditor's or retail seller's obligations under the GAP waiver. However retail sellers who do not assign their finance agreements or retail sellers that are lessors of motor vehicles are not required to insure obligations related to GAP waivers on the sold or leased vehicles.
(e) A GAP waiver remains a part of the finance agreement upon the assignment, sale, or transfer of the finance agreement by the creditor. The creditor, administrator, or other designated party shall maintain for three years after the maturity date of the finance agreement a copy of or electronic details of each GAP waiver sold regardless of the method of payment and the creditor, administrator, or other designated party shall provide copies of or electronic details of the contracts to the Superintendent of Banks upon reasonable advance written notice.
(f) Neither the extension of credit, any term of credit, nor the term of the related motor vehicle sale or lease may be conditioned upon the purchase of a GAP waiver.
(g) Any creditor that offers a GAP waiver shall report the sale of, and forward funds received on all waivers to the designated party, if any, as prescribed in any applicable administrative services agreement, contractual liability policy, other insurance policy, or other specified program documents.
(h) Funds received or held by a creditor or administrator and belonging to an insurer, creditor, or administrator, pursuant to the terms of a written agreement shall be held by the creditor or administrator in a fiduciary capacity.
(Act 2017-392, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-37/section-8-37-4/
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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 37 - Guaranteed Asset Protection Waivers.›Section 8-37-4 - (Effective January 1, 2018) Reimbursements; Coverage; Effect of Cancellation or Ter...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 37 - Guaranteed Asset Protection Waivers. › Section 8-37-4 - (Effective January 1, 2018) Reimbursements; Coverage; Effect of Cancellation or Termination.
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Section 8-37-4
(Effective January 1, 2018) Reimbursements; coverage; effect of cancellation or termination.
(a) A contractual liability or other insurance policy insuring a GAP waiver shall state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the GAP waiver issued by the creditor and purchased or held by the borrower.
(b) Coverage under a contractual liability or other insurance policy insuring a GAP waiver shall also cover any subsequent assignee upon the assignment, sale, or transfer of the finance agreement.
(c) Coverage under a contractual liability or other insurance policy insuring a GAP waiver shall remain in effect unless cancelled or terminated in compliance with applicable insurance laws of this state.
(d) The cancellation or termination of a contractual liability or other insurance policy shall not reduce the insurer's responsibility for GAP waivers issued by the creditor prior to the date of cancellation or termination and for which premium has been received by the insurer.
(Act 2017-392, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-37/section-8-37-5/
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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 37 - Guaranteed Asset Protection Waivers.›Section 8-37-5 - (Effective January 1, 2018) Disclosure Requirements.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 37 - Guaranteed Asset Protection Waivers. › Section 8-37-5 - (Effective January 1, 2018) Disclosure Requirements.
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Section 8-37-5
(Effective January 1, 2018) Disclosure requirements.
Subject to Section 8-37-7, a creditor that offers a GAP waiver shall disclose, as applicable, in writing and in clear, understandable language that is easy to read, all of the following:
(1) The name and address of the initial creditor and the borrower at the time of sale and the identity of any administrator if different from the creditor.
(2) The purchase price and the terms of the GAP waiver, including without limitation, the requirements for protection, conditions, or exclusions associated with the GAP waiver.
(3) That the borrower may cancel the GAP waiver within a Free Look Period as specified in the waiver, and will be entitled to a full refund of the purchase price, so long as no benefits have been provided. If cancelled after the Free Look Period and no benefits have been provided, the borrower shall receive a pro rata refund less a cancellation fee no greater than fifty dollars ($50) in accordance with the terms of the waiver.
(4) The procedure the borrower is required to follow in order to obtain GAP waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits.
(5) The procedures for cancelling the GAP waiver and requesting any refund due pursuant to Section 8-37-6.
(6) That neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale or lease, may be conditioned upon the purchase of the GAP waiver.
(7) That the cost of the GAP waiver is not regulated and that the borrower should determine whether the cost of the GAP waiver is reasonable in relation to the protection afforded by the GAP waiver.
(Act 2017-392, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-37/section-8-37-6/
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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 37 - Guaranteed Asset Protection Waivers.›Section 8-37-6 - Cancellation of Gap Waiver Agreements.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 37 - Guaranteed Asset Protection Waivers. › Section 8-37-6 - Cancellation of Gap Waiver Agreements.
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Section 8-37-6
Cancellation of GAP waiver agreements.
(a) Guaranteed asset protection waiver agreements shall be cancellable. GAP waivers shall provide that if a borrower cancels a waiver within the Free Look Period, the creditor, administrator, or other authorized party shall provide the borrower a full refund of the purchase price of the GAP waiver, provided no benefits have been provided. In the event a borrower cancels the waiver after the Free Look Period and no benefits have been provided, the creditor, administrator, or other authorized party shall provide the borrower a pro rata refund of the purchase price, less any cancellation fee no greater than fifty dollars ($50) in accordance with the terms of the waiver.
(b) In the event of cancellation of the GAP waiver due to early termination of the finance agreement, the creditor shall provide, or cause the administrator or retail seller to provide, within 60 days of termination, any refund due to a borrower without requiring the borrower to request cancellation of the waiver.
(c) Any cancellation refund under subsection (a) or (b) may be applied by the creditor as a reduction of the amount owed under the finance agreement unless the borrower can show that the finance agreement has been paid in full.
(Act 2017-392, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-37/section-8-37-7/
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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 37 - Guaranteed Asset Protection Waivers.›Section 8-37-7 - (Effective January 1, 2018) Lease or Retail Installments Sales.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 37 - Guaranteed Asset Protection Waivers. › Section 8-37-7 - (Effective January 1, 2018) Lease or Retail Installments Sales.
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Section 8-37-7
(Effective January 1, 2018) Lease or retail installments sales.
Subsection (c) of Section 8-37-3 and Sections 8-37-5 and 8-37-8 of this chapter are not applicable to a GAP waiver offered in connection with a lease or retail installment sale associated with a commercial transaction.
(Act 2017-392, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-37/section-8-37-8/
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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 37 - Guaranteed Asset Protection Waivers.›Section 8-37-8 - (Effective January 1, 2018) Enforcement.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 37 - Guaranteed Asset Protection Waivers. › Section 8-37-8 - (Effective January 1, 2018) Enforcement.
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Section 8-37-8
(Effective January 1, 2018) Enforcement.
(a) The Superintendent of Banks may take action which is necessary or appropriate to enforce the provisions of this chapter and to protect GAP waiver holders in this state. After proper notice and opportunity for hearing, the superintendent may do both of the following:
(1) Order the creditor, administrator, or any other person not in compliance with this chapter to cease and desist from further GAP waiver-related operations which are in violation of this chapter.
(2) Impose a penalty of not more than five hundred dollars ($500) per violation and no more than ten thousand dollars ($10,000) in the aggregate for all violations of similar nature. For purposes of this chapter, a violation shall be considered to be of a similar nature if the violation consists of the same or similar course of conduct, action, or practice, irrespective of the number of times the action, conduct, or practice which is determined to be a violation of the chapter occurred.
(b) If requested by a retail seller, the Superintendent of Banks may determine that the insurance policy required by subsection (d) of Section 8-37-3 is not required for a retail seller that does not assign any of its finance agreements to any entity other than an affiliate and if the affiliated assignee agrees that the insurance policy is waived and the finance agreements will not be further assigned. The superintendent may require the evidence and assurances that the superintendent determines is needed to make that determination.
(Act 2017-392, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-37/section-8-37-9/
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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 37 - Guaranteed Asset Protection Waivers.›Section 8-37-9 - (Effective January 1, 2018) Legislative Findings.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 37 - Guaranteed Asset Protection Waivers. › Section 8-37-9 - (Effective January 1, 2018) Legislative Findings.
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Section 8-37-9
(Effective January 1, 2018) Legislative findings.
The Legislature finds that guaranteed asset protection waivers are not insurance. All guaranteed asset protection waivers issued prior to and after January 1, 2018, shall not be construed as insurance.
(Act 2017-392, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-37/section-8-37-10/
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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 37 - Guaranteed Asset Protection Waivers.›Section 8-37-10 - (Effective January 1, 2018) Applicability.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 37 - Guaranteed Asset Protection Waivers. › Section 8-37-10 - (Effective January 1, 2018) Applicability.
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Section 8-37-10
(Effective January 1, 2018) Applicability.
Creditors and other persons are not required to comply with this chapter for any GAP waiver entered into prior to January 1, 2018.
(Act 2017-392, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-38/section-8-38-1/
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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 38 - Data Breach Notification Act of 2018.›Section 8-38-1 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-1 - Short Title.
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Section 8-38-1
Short title.
This chapter may be cited and shall be known as the Alabama Data Breach Notification Act of 2018.
(Act 2018-396, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-38/section-8-38-2/
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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 38 - Data Breach Notification Act of 2018.›Section 8-38-2 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-2 - Definitions.
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Section 8-38-2
Definitions.
For the purposes of this chapter, the following terms have the following meanings:
(1) BREACH OF SECURITY or BREACH. The unauthorized acquisition of data in electronic form containing sensitive personally identifying information. Acquisition occurring over a period of time committed by the same entity constitutes one breach. The term does not include any of the following:
a. Good faith acquisition of sensitive personally identifying information by an employee or agent of a covered entity, unless the information is used for a purpose unrelated to the business or subject to further unauthorized use.
b. The release of a public record not otherwise subject to confidentiality or nondisclosure requirements.
c. Any lawful investigative, protective, or intelligence activity of a law enforcement or intelligence agency of the state, or a political subdivision of the state.
(2) COVERED ENTITY. A person, sole proprietorship, partnership, government entity, corporation, nonprofit, trust, estate, cooperative association, or other business entity that acquires or uses sensitive personally identifying information.
(3) DATA IN ELECTRONIC FORM. Any data stored electronically or digitally on any computer system or other database, including, but not limited to, recordable tapes and other mass storage devices.
(4) GOVERNMENT ENTITY. The state, a county, or a municipality or any instrumentality of the state, a county, or a municipality.
(5) INDIVIDUAL. Any Alabama resident whose sensitive personally identifying information was, or the covered entity reasonably believes to have been, accessed as a result of the breach.
(6) SENSITIVE PERSONALLY IDENTIFYING INFORMATION.
a. Except as provided in paragraph b., an Alabama resident's first name or first initial and last name in combination with one or more of the following with respect to the same Alabama resident:
1. A non-truncated Social Security number or tax identification number.
2. A non-truncated driver's license number, state-issued identification card number, passport number, military identification number, or other unique identification number issued on a government document used to verify the identity of a specific individual.
3. A financial account number, including a bank account number, credit card number, or debit card number, in combination with any security code, access code, password, expiration date, or PIN, that is necessary to access the financial account or to conduct a transaction that will credit or debit the financial account.
4. Any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional.
5. An individual's health insurance policy number or subscriber identification number and any unique identifier used by a health insurer to identify the individual.
6. A user name or email address, in combination with a password or security question and answer that would permit access to an online account affiliated with the covered entity that is reasonably likely to contain or is used to obtain sensitive personally identifying information.
b. The term does not include either of the following:
1. Information about an individual which has been lawfully made public by a federal, state, or local government record or a widely distributed media.
2. Information that is truncated, encrypted, secured, or modified by any other method or technology that removes elements that personally identify an individual or that otherwise renders the information unusable, including encryption of the data, document, or device containing the sensitive personally identifying information, unless the covered entity knows or has reason to know that the encryption key or security credential that could render the personally identifying information readable or useable has been breached together with the information.
(7) THIRD-PARTY AGENT. An entity that has been contracted to maintain, store, process, or is otherwise permitted to access sensitive personally identifying information in connection with providing services to a covered entity.
(Act 2018-396, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-38/section-8-38-3/
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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 38 - Data Breach Notification Act of 2018.›Section 8-38-3 - Reasonable Security Measures; Assessment.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-3 - Reasonable Security Measures; Assessment.
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Section 8-38-3
Reasonable security measures; assessment.
(a) Each covered entity and third-party agent shall implement and maintain reasonable security measures to protect sensitive personally identifying information against a breach of security.
(b) Reasonable security measures means security measures practicable for the covered entity subject to subsection (c), to implement and maintain, including consideration of all of the following:
(1) Designation of an employee or employees to coordinate the covered entity's security measures to protect against a breach of security. An owner or manager may designate himself or herself.
(2) Identification of internal and external risks of a breach of security.
(3) Adoption of appropriate information safeguards to address identified risks of a breach of security and assess the effectiveness of such safeguards.
(4) Retention of service providers, if any, that are contractually required to maintain appropriate safeguards for sensitive personally identifying information.
(5) Evaluation and adjustment of security measures to account for changes in circumstances affecting the security of sensitive personally identifying information.
(6) Keeping the management of the covered entity, including its board of directors, if any, appropriately informed of the overall status of its security measures; provided, however, that the management of a government entity subject to this subdivision may be appropriately informed of the status of its security measures through a properly convened executive session under the Open Meetings Act pursuant to Section 36-25A-7.
(c) An assessment of a covered entity's security shall be based upon the entity's reasonable security measures as a whole and shall place an emphasis on data security failures that are multiple or systemic, including consideration of all the following:
(1) The size of the covered entity.
(2) The amount of sensitive personally identifying information and the type of activities for which the sensitive personally identifying information is accessed, acquired, maintained, stored, utilized, or communicated by, or on behalf of, the covered entity.
(3) The covered entity's cost to implement and maintain the reasonable security measures to protect against a breach of security relative to its resources.
(Act 2018-396, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-38/section-8-38-4/
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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 38 - Data Breach Notification Act of 2018.›Section 8-38-4 - Investigation of Security Breach.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-4 - Investigation of Security Breach.
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Section 8-38-4
Investigation of security breach.
(a) If a covered entity determines that a breach of security has or may have occurred in relation to sensitive personally identifying information that is accessed, acquired, maintained, stored, utilized, or communicated by, or on behalf of, the covered entity, the covered entity shall conduct a good faith and prompt investigation that includes all of the following:
(1) An assessment of the nature and scope of the breach.
(2) Identification of any sensitive personally identifying information that may have been involved in the breach and the identity of any individuals to whom that information relates.
(3) A determination of whether the sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person, and is reasonably likely to cause substantial harm to the individuals to whom the information relates.
(4) Identification and implementation of measures to restore the security and confidentiality of the systems compromised in the breach.
(b) In determining whether sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person without valid authorization, the following factors may be considered:
(1) Indications that the information is in the physical possession and control of a person without valid authorization, such as a lost or stolen computer or other device containing information.
(2) Indications that the information has been downloaded or copied.
(3) Indications that the information was used by an unauthorized person, such as fraudulent accounts opened or instances of identity theft reported.
(4) Whether the information has been made public.
(Act 2018-396, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-38/section-8-38-5/
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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 38 - Data Breach Notification Act of 2018.›Section 8-38-5 - Notice of Security Breach - Individuals Affected.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-5 - Notice of Security Breach - Individuals Affected.
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Section 8-38-5
Notice of security breach - Individuals affected.
(a) A covered entity that is not a third-party agent that determines under Section 8-38-4 that, as a result of a breach of security, sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person, and is reasonably likely to cause substantial harm to the individuals to whom the information relates, shall give notice of the breach to each individual.
(b) Notice to individuals under subsection (a) shall be made as expeditiously as possible and without unreasonable delay, taking into account the time necessary to allow the covered entity to conduct an investigation in accordance with Section 8-38-4. Except as provided in subsection (c), the covered entity shall provide notice within 45 days of the covered entity's receipt of notice from a third-party agent that a breach has occurred or upon the covered entity's determination that a breach has occurred and is reasonably likely to cause substantial harm to the individuals to whom the information relates.
(c) If a federal or state law enforcement agency determines that notice to individuals required under this section would interfere with a criminal investigation or national security, the notice shall be delayed upon the receipt of written request of the law enforcement agency for a period that the law enforcement agency determines is necessary. A law enforcement agency, by a subsequent written request, may revoke the delay as of a specified date or extend the period set forth in the original request made under this section if further delay is necessary.
(d) Except as provided by subsection (e), notice to an affected individual under this section shall be given in writing, sent to the mailing address of the individual in the records of the covered entity, or by email notice sent to the email address of the individual in the records of the covered entity. The notice shall include, at a minimum, all of the following:
(1) The date, estimated date, or estimated date range of the breach.
(2) A description of the sensitive personally identifying information that was acquired by an unauthorized person as part of the breach.
(3) A general description of the actions taken by a covered entity to restore the security and confidentiality of the personal information involved in the breach.
(4) A general description of steps an affected individual can take to protect himself or herself from identity theft.
(5) Information that the individual can use to contact the covered entity to inquire about the breach.
(e)(1) A covered entity required to provide notice to any individual under this section may provide substitute notice in lieu of direct notice, if direct notice is not feasible due to any of the following:
a. Excessive cost. The term includes either of the following:
1. Excessive cost to the covered entity relative to the resources of the covered entity.
2. The cost to the covered entity exceeds five hundred thousand dollars ($500,000).
b. Lack of sufficient contact information for the individual required to be notified.
c. The affected individuals exceed 100,000 persons.
(2) a. Substitute notice shall include both of the following:
1. A conspicuous notice on the Internet website of the covered entity, if the covered entity maintains a website, for a period of 30 days.
2. Notice in print and in broadcast media, including major media in urban and rural areas where the affected individuals reside.
b. An alternative form of substitute notice may be used with the approval of the Attorney General.
(f) If a covered entity determines that notice is not required under this section, the entity shall document the determination in writing and maintain records concerning the determination for no less than five years.
(Act 2018-396, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-38/section-8-38-6/
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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 38 - Data Breach Notification Act of 2018.›Section 8-38-6 - Notice of Security Breach - Attorney General.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-6 - Notice of Security Breach - Attorney General.
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Section 8-38-6
Notice of security breach - Attorney General.
(a) If the number of individuals a covered entity is required to notify under Section 8-38-5 exceeds 1,000, the entity shall provide written notice of the breach to the Attorney General as expeditiously as possible and without unreasonable delay. Except as provided in subsection (c) of Section 8-38-5, the covered entity shall provide the notice within 45 days of the covered entity's receipt of notice from a third-party agent that a breach has occurred or upon the entity's determination that a breach has occurred and is reasonably likely to cause substantial harm to the individuals to whom the information relates.
(b) Written notice to the Attorney General shall include all of the following:
(1) A synopsis of the events surrounding the breach at the time that notice is provided.
(2) The approximate number of individuals in the state who were affected by the breach.
(3) Any services related to the breach being offered or scheduled to be offered, without charge, by the covered entity to individuals and instructions on how to use the services.
(4) The name, address, telephone number, and email address of the employee or agent of the covered entity from whom additional information may be obtained about the breach.
(c) A covered entity may provide the Attorney General with supplemental or updated information regarding a breach at any time.
(d) Information marked as confidential that is obtained by the Attorney General under this section is not subject to any open records, freedom of information, or other public record disclosure law.
(Act 2018-396, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-38/section-8-38-7/
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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 38 - Data Breach Notification Act of 2018.›Section 8-38-7 - Notice of Security Breach - Consumer Reporting Agencies.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-7 - Notice of Security Breach - Consumer Reporting Agencies.
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Section 8-38-7
Notice of security breach - Consumer reporting agencies.
If a covered entity discovers circumstances requiring notice under Section 8-38-5 of more than 1,000 individuals at a single time, the entity shall also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in the Fair Credit Reporting Act, 15 U.S.C. §1681a, of the timing, distribution, and content of the notices.
(Act 2018-396, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-38/section-8-38-8/
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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 38 - Data Breach Notification Act of 2018.›Section 8-38-8 - Notice of Security Breach - Covered Entity.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-8 - Notice of Security Breach - Covered Entity.
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Section 8-38-8
Notice of security breach - Covered entity.
In the event a third-party agent has experienced a breach of security in the system maintained by the agent, the agent shall notify the covered entity of the breach of security as expeditiously as possible and without unreasonable delay, but no later than 10 days following the determination of the breach of security or reason to believe the breach occurred. After receiving notice from a third-party agent, a covered entity shall provide notices required under Sections 8-38-5 and 8-38-6. A third-party agent, in cooperation with a covered entity, shall provide information in the possession of the third-party agent so that the covered entity can comply with its notice requirements. A covered entity may enter into a contractual agreement with a third-party agent whereby the third-party agent agrees to handle notifications required under this chapter.
(Act 2018-396, §8.)
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https://law.justia.com/codes/alabama/title-8/chapter-38/section-8-38-9/
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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 38 - Data Breach Notification Act of 2018.›Section 8-38-9 - Violations of Notification Requirements.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-9 - Violations of Notification Requirements.
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Section 8-38-9
Violations of notification requirements.
(a) A violation of the notification provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under Section 8-19-12. The Attorney General shall have the exclusive authority to bring an action for civil penalties under this chapter.
(1) A violation of this chapter does not establish a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise be construed to affect any right a person may have at common law, by statute, or otherwise.
(2) Any covered entity or third-party agent who is knowingly engaging in or has knowingly engaged in a violation of the notification provisions of this chapter is subject to the penalty provisions set out in Section 8-19-11. For the purposes of this chapter, knowingly shall mean willfully or with reckless disregard in failing to comply with the notice requirements of Sections 8-38-5 and 8-38-6. Civil penalties assessed under Section 8-19-11, shall not exceed five hundred thousand dollars ($500,000) per breach.
(b)(1) Notwithstanding any remedy available under subdivision (2) of subsection (a), a covered entity that violates the notification provisions of this chapter shall be liable for a civil penalty of not more than five thousand dollars ($5,000) per day for each consecutive day that the covered entity fails to take reasonable action to comply with the notice provisions of this chapter.
(2) The office of the Attorney General shall have the exclusive authority to bring an action for damages in a representative capacity on behalf of any named individual or individuals. In such an action brought by the office of the Attorney General, recovery shall be limited to actual damages suffered by the person or persons, plus reasonable attorney's fees and costs.
(3) It is not a violation of this chapter to refrain from providing any notice required under this chapter if a court of competent jurisdiction has directed otherwise.
(4) To the extent that notification is required under this chapter as the result of a breach experienced by a third-party agent, a failure to inform the covered entity of the breach shall subject the third-party agent to the fines and penalties set forth in this chapter.
(5) Government entities shall be subject to the notice requirements of this chapter. A government entity that acquires and maintains sensitive personally identifying information from a government employer, and which is required to provide notice to any individual under this chapter, must also notify the employing government entity of any individual to whom the information relates.
(6) All government entities are exempt from any civil penalty authorized by this chapter; provided, however, the Attorney General may bring an action against any state, county, or municipal official or employee, in his or her official capacity, who is subject to this chapter for any of the following:
a. To compel the performance of his or her duties under this chapter.
b. To compel the performance of his or her ministerial acts under this chapter.
c. To enjoin him or her from acting in bad faith, fraudulently, beyond his or her authority, or under mistaken interpretation of the law.
(7) By February 1 of each year, the Attorney General shall submit a report to the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives describing the nature of any reported breaches of security by government entities or third-party agents of government entities in the preceding calendar year along with recommendations for security improvements. The report shall identify any government entity that has violated any of the applicable requirements in this chapter in the preceding calendar year.
(Act 2018-396, §9.)
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https://law.justia.com/codes/alabama/title-8/chapter-38/section-8-38-10/
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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 38 - Data Breach Notification Act of 2018.›Section 8-38-10 - Disposal of Records Containing Sensitive Personally Identifying Information.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-10 - Disposal of Records Containing Sensitive Personally Identifying Information.
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Section 8-38-10
Disposal of records containing sensitive personally identifying information.
A covered entity or third-party agent shall take reasonable measures to dispose, or arrange for the disposal, of records containing sensitive personally identifying information within its custody or control when the records are no longer to be retained pursuant to applicable law, regulations, or business needs. Disposal shall include shredding, erasing, or otherwise modifying the personal information in the records to make it unreadable or undecipherable through any reasonable means consistent with industry standards.
(Act 2018-396, §10.)
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https://law.justia.com/codes/alabama/title-8/chapter-38/section-8-38-11/
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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 38 - Data Breach Notification Act of 2018.›Section 8-38-11 - Exemptions - Federal.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-11 - Exemptions - Federal.
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Section 8-38-11
Exemptions - Federal.
An entity subject to or regulated by federal laws, rules, regulations, procedures, or guidance on data breach notification established or enforced by the federal government is exempt from this chapter as long as the entity does all of the following:
(1) Maintains procedures pursuant to those laws, rules, regulations, procedures, or guidance.
(2) Provides notice to affected individuals pursuant to those laws, rules, regulations, procedures, or guidance.
(3) Timely provides a copy of the notice to the Attorney General when the number of individuals the entity notified exceeds 1,000.
(Act 2018-396, §11.)
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https://law.justia.com/codes/alabama/title-8/chapter-38/section-8-38-12/
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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 38 - Data Breach Notification Act of 2018.›Section 8-38-12 - Exemptions - State.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 38 - Data Breach Notification Act of 2018. › Section 8-38-12 - Exemptions - State.
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Section 8-38-12
Exemptions - State.
An entity subject to or regulated by state laws, rules, regulations, procedures, or guidance on data breach notification that are established or enforced by state government, and are at least as thorough as the notice requirements provided by this chapter, is exempt from this chapter so long as the entity does all of the following:
(1) Maintains procedures pursuant to those laws, rules, regulations, procedures, or guidance.
(2) Provides notice to affected individuals pursuant to the notice requirements of those laws, rules, regulations, procedures, or guidance.
(3) Timely provides a copy of the notice to the Attorney General when the number of individuals the entity notified exceeds 1,000.
(Act 2018-396, §12.)
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https://law.justia.com/codes/alabama/title-8/chapter-39/section-8-39-1/
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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 39 - New Assistive Device Warranty Act.›Section 8-39-1 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 39 - New Assistive Device Warranty Act. › Section 8-39-1 - Short Title.
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Section 8-39-1
Short title.
This chapter shall be known and may be cited as the New Assistive Devices Warranty Act.
(Act 2018-448, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-39/section-8-39-2/
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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 39 - New Assistive Device Warranty Act.›Section 8-39-2 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 39 - New Assistive Device Warranty Act. › Section 8-39-2 - Definitions.
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Section 8-39-2
Definitions.
For purposes of this chapter, the following terms shall have the following meanings:
(1) ASSISTIVE DEVICE. a. Any device, that costs five thousand dollars ($5,000) or more, including a demonstrator that a consumer purchases or accepts transfer of in this state which is used for a major life activity. The term is limited to the following:
1. Manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual.
2. Voice synthesized computer modules, optical scanners, talking software, Braille printers, and other devices that enhance the ability of a sight impaired individual to communicate.
b. The term does not include hearing aids, telephone communication devices for the deaf, assistive listening devices, or other aids that enhance the ability of an individual to hear.
(2) ASSISTIVE DEVICE DEALER. A person who is in the business of selling assistive devices.
(3) ASSISTIVE DEVICE LESSOR. A person who leases assistive devices to consumers, or who holds the rights of a lessor, under a written lease. Any assistive device lessor who is also an assistive device dealer shall fulfill all obligations owed to the consumer pursuant to this chapter as both an assistive device dealer and lessor.
(4) COLLATERAL COSTS. Expenses incurred by a consumer in connection with the repair of a nonconformity, including the cost of sales tax and of obtaining an alternative assistive device.
(5) CONSUMER or THE AGENCY. Any of the following:
a. The purchaser of an assistive device, including government entities purchasing a device for the benefit of an individual and the individual for whose benefit the device is purchased, if the assistive device was purchased from an assistive device dealer or manufacturer for purposes other than resale.
b. A person to whom the assistive device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the assistive device.
c. A person who may enforce the warranty.
d. A person who leases an assistive device from an assistive device lessor under a written lease.
e. Any person, with authority, acting on behalf of the consumer or the agency.
(6) DEMONSTRATOR. An assistive device used primarily for the purpose of demonstration to the public.
(Act 2018-448, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-39/section-8-39-3/
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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 39 - New Assistive Device Warranty Act.›Section 8-39-3 - Reporting and Repair of Assistive Device With a Noncomformity.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 39 - New Assistive Device Warranty Act. › Section 8-39-3 - Reporting and Repair of Assistive Device With a Noncomformity.
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Section 8-39-3
Reporting and repair of assistive device with a noncomformity.
(a) If an assistive device covered by an applicable express warranty exhibits a nonconformity, the consumer or the agency shall do both of the following:
(1) Report the nonconformity to the manufacturer, the assistive device lessor, or any of the authorized assistive device dealers of the manufacturer.
(2) Make the assistive device available for repair within an applicable express warranty period.
(b) Once a nonconformity is reported and the assistive device is made available for repair, the manufacturer, the assistive device lessor, or any of the authorized assistive device dealers of the manufacturer shall make an attempt to repair the nonconformity.
(Act 2018-448, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-39/section-8-39-4/
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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 39 - New Assistive Device Warranty Act.›Section 8-39-4 - Refund or Replacement for Assistive Device With a Non Comformity.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 39 - New Assistive Device Warranty Act. › Section 8-39-4 - Refund or Replacement for Assistive Device With a Non Comformity.
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Section 8-39-4
Refund or replacement for assistive device with a non comformity.
(a) If the manufacturer, dealer, or lessor either refuses to accept a device that a consumer makes available for repairs or makes a reasonable attempt to repair, but the nonconformity is not actually repaired, the manufacturer shall be required to provide a refund or replacement of the device, whichever is requested by the consumer or the agency, as follows:
(1) If the consumer or the agency requests a refund for a device that was purchased, the manufacturer shall refund to the consumer and to any holder of a perfected security interest in the assistive device of the consumer, as their interest may appear, the full purchase price plus any finance charge or sales tax paid by the consumer at the point of sale and any collateral costs incurred by the consumer, less a reasonable allowance for use. When the manufacturer provides the refund, the consumer or the agency shall return the assistive device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal possession to the manufacturer.
(2) If the consumer or the agency requests a refund for a device which was leased, the manufacturer shall refund to the assistive device lessor and to any holder of a perfected security interest in the assistive device, as their interest may appear, the current value of the written lease and refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use. The manufacturer shall have a cause of action against the dealer or lessor for reimbursement of any amount that it pays to a consumer which exceeds the net price received by the manufacturer for the assistive device. When the manufacturer provides the refund, the assistive device lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.
(3) If the consumer elects to receive a comparable new assistive device, the manufacturer shall provide the consumer or the agency with the comparable new assistive device no later than 30 days after the consumer or lessor offers to transfer possession of the assistive device having the nonconformity to the manufacturer.
(b) This section regarding the duty of a manufacturer shall apply for the period of the express warranty of the manufacturer.
(Act 2018-448, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-39/section-8-39-5/
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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 39 - New Assistive Device Warranty Act.›Section 8-39-5 - Applicability of Chapter.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 39 - New Assistive Device Warranty Act. › Section 8-39-5 - Applicability of Chapter.
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Section 8-39-5
Applicability of chapter.
This chapter does not apply to any of the following:
(1) Disposable assistive devices with a useful life of one year or less.
(2) Batteries or nonfunctional accessories.
(3) Assistive devices dispensed, sold, injected, or implanted by a licensed physician, licensed physician assistant, or any individual working with or for the practice of a licensed physician, employer, or other business entity that is primarily engaged in the practice of medicine, whether or not the individual is working in a collaborative practice agreement as an agent, employee, or independent contractor. The exemption provided by this subdivision shall not apply to an assistive device simply because it was prescribed or ordered by a licensed physician or other health care practitioner.
(Act 2018-448, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-39/section-8-39-6/
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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 39 - New Assistive Device Warranty Act.›Section 8-39-6 - Rights and Remedies of Consumer.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 39 - New Assistive Device Warranty Act. › Section 8-39-6 - Rights and Remedies of Consumer.
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Section 8-39-6
Rights and remedies of consumer.
(a) This chapter shall not limit rights or remedies available to a consumer under any other law.
(b) Any waiver of rights by a consumer under this chapter shall be void.
(c) In addition to pursuing any other remedy, a consumer may bring an action to recover any damages caused by a violation of this chapter within four years after the cause of action has accrued. By the original agreement, the parties may reduce the period of limitation to not less than one year but may not extend the period of limitation. The court may award a consumer who prevails up to treble damages, together with costs, disbursements, and reasonable attorney fees, and any equitable relief that the court determines is appropriate.
(Act 2018-448, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-1/section-9-1-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 1 - General Provisions.›Section 9-1-1 - Making False Statement to Officer Issuing License.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 1 - General Provisions. › Section 9-1-1 - Making False Statement to Officer Issuing License.
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Section 9-1-1
Making false statement to officer issuing license.
Any person who willfully or knowingly makes to any officer authorized to issue a hunting, fishing, fur-bearing animal, or seafood license a false statement as to his or her name, age, residence or any other statement relevant to the purchasing of the license, or any person who makes to any officer designated to issue hunting, fishing, fur-bearing animal, or seafood licenses an incorrect statement when purchasing a license for another and makes the statement knowing it to be false shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
(Acts 1951, No. 357, p. 645, §1; Act 2008-384, p. 714, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-1/section-9-1-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 1 - General Provisions.›Section 9-1-3 - Lending, Borrowing, Selling, etc., License.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 1 - General Provisions. › Section 9-1-3 - Lending, Borrowing, Selling, etc., License.
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Section 9-1-3
Lending, borrowing, selling, etc., license.
The lending, borrowing, selling, buying, renting, or using in any way the license of another to hunt, fish, trap, deal in furs, or to take oysters or shrimp shall constitute a misdemeanor and shall be punishable by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500).
(Acts 1951, No. 357, p. 645, §3; Act 2008-384, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-1/section-9-1-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 1 - General Provisions.›Section 9-1-4 - Penalty for Violation.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 1 - General Provisions. › Section 9-1-4 - Penalty for Violation.
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Section 9-1-4
Penalty for violation.
Unless otherwise provided, a violation of any of the provisions of this title or any rule or regulation of the Department of Conservation and Natural Resources or approved by the Advisory Board of Conservation and Natural Resources shall be a Class C misdemeanor.
(Code 1923, §§5112, 5120; Acts 1932, Ex. Sess., No. 212, p. 214; Code 1940, T. 8, §13; 2008-384, p. 714, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-1/section-9-1-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 1 - General Provisions.›Section 9-1-6 - Declaration of Public Policy and Legislative Intent; Measure of Damages for the Unau...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 1 - General Provisions. › Section 9-1-6 - Declaration of Public Policy and Legislative Intent; Measure of Damages for the Unauthorized Removal of Coal; Retroactive Application of Section.
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Section 9-1-6
Declaration of public policy and legislative intent; measure of damages for the unauthorized removal of coal; retroactive application of section.
(a) The objective of this section is to specify the measure of damages for the unauthorized removal of coal in Alabama. It is declared that the extraction of coal provides a major present and future source of energy and is an essential and necessary activity which contributes to the economic and material well-being of the state. In the absence of a reasonable measure of damages as specified in this section, confusion could result in the coal industry causing financial distress and unemployment, and may cause the abandonment and prevent the use of many coal mines. This state has a public interest in removing this hazard and precluding this confusion and distress without doing violence to private rights.
(b) The measure of damages in any civil action for the unauthorized extraction, severance, injury or removal of coal from land, including but not limited to, action for trespass or conversion, when the extraction, severance, injury or removal is in good faith shall be the fair market value of the coal in place before severance as of the time of extraction, severance, injury or removal. The fair market value of the coal in place shall be calculated as the royalty rate prevailing at the time and place of severance.
The measure of damages in all other civil actions for the unauthorized extraction, severance, injury or removal of coal from land, including but not limited to, actions for trespass or conversion, shall be the fair market value of the coal after severance, at the time and place of severance, without allowance for labor and expenses.
(c) This article shall apply to causes of action and actions then existing or thereafter arising when this article becomes effective.
(Acts 1983, No. 83-608, p. 945, §§ 1-3.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-1 - Created; Seal.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-1 - Created; Seal.
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Section 9-2-1
Created; seal.
There shall be a Department of Conservation and Natural Resources, which shall be an executive and administrative department in order to enable the Governor to exercise a direct and effective control over the natural resources, state parks and historical sites of the state and in order to bring together in one department for purposes of economy and efficiency all matters pertaining to the natural resources, state parks and monuments and historical sites of the state. The Department of Conservation and Natural Resources shall have a seal, which shall be affixed to official acts and deeds of the Department of Conservation and Natural Resources and of the Commissioner of Conservation and Natural Resources by him.
(Acts 1939, No. 162, p. 255, § 1; Code 1940, T. 8, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-2 - Powers and Duties Generally.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-2 - Powers and Duties Generally.
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Section 9-2-2
Powers and duties generally.
The general functions and duties of the Department of Conservation and Natural Resources shall be as follows:
(1) To protect, conserve, and increase the wildlife of the state and to administer all laws relating to wildlife and the protection, conservation, and increase thereof.
(2) To make exploration, surveys, studies, and reports concerning the wildlife, state parks and monuments and historical sites in the state and to publish such thereof as will be of general interest.
(3) To maintain, supervise, operate, and control all state parks, monuments and historical sites, except Mound State Monument and the First White House of the Confederacy; the serving and employing of attendants for all monuments and historical sites located on state-owned property in the City of Montgomery shall be performed by the Department of Finance.
(4) To maintain, supervise, operate, and control all state lands other than those specifically committed to the use or control of some other department, board, bureau, commission, agency, office, or institution of the state.
(5) To cooperate with and enter into cooperative agreements and stipulations with the Secretary of Agriculture of the United States, other states, or any other federal or state officer or department, board, bureau, commission, agency, or office thereunto authorized with respect to wildlife restoration projects, the carrying on of an educational program in connection therewith, the collection and publication of data with respect to wildlife, state parks and the monuments and historical sites or any other matters committed to the Department of Conservation and Natural Resources by this title or otherwise by law and to make and enforce all regulations and restrictions required for such cooperation, agreements, or stipulations.
(6) To carry on a program of education and public enlightenment with respect to the wildlife and other natural resources, state parks and the monuments and historical sites of Alabama.
(7) To make an annual report to the Governor concerning the activities and accomplishments of the department for the preceding fiscal year.
(8) To recommend to the Legislature such legislation as may be needed further to protect, conserve, increase, or to make available or useful the wildlife and other natural resources, state parks and the monuments and historical sites of Alabama.
(Acts 1939, No. 162, p. 255, §3; Code 1940, T. 8, §2; Act 2009-724, p. 2165, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-3 - Powers and Duties as to State Parks and Parkways, Etc.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-3 - Powers and Duties as to State Parks and Parkways, Etc.
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Section 9-2-3
Powers and duties as to state parks and parkways, etc.
The Department of Conservation and Natural Resources, for the purpose of establishing, developing and maintaining state parks and parkways, may acquire land by donation, purchase, condemnation or lease and for these purposes may use such funds as may be available to it and not otherwise obligated and may enter into agreements with the federal government or other agencies for acquiring by lease, purchase or otherwise such lands as in its judgment are desirable for state parks or parkways. As to the purchase of lands, such agreements may provide for a division of the payments over a period of years, in which case the payments may be secured by mortgage; provided, that no liability shall attach to the State of Alabama or any of its departments, boards, bureaus or commissions or any member or official thereof if the security specifically given in any such mortgage is insufficient to pay said mortgage at a forced sale or otherwise. When lands are acquired or leased under this section, the Department of Conservation and Natural Resources is authorized to make expenditures from any funds not otherwise obligated for the management, development and utilization of such areas, to sell or otherwise dispose of products from such lands, to have sole charge of all state parks and parkways and to have authority to make such rules and regulations for the management, administration, occupancy and use of said state parks and parkways and all property and things of whatsoever nature therein or thereon as it shall find necessary. All revenues derived from lands now or later acquired under the provisions of this section, when said lands are owned or acquired under agreement with the federal government, shall be segregated for the use of the Department of Conservation and Natural Resources in the utilization, management, development and use of such lands until all obligations incurred under such agreement have been paid in full and, thereafter, 50 percent of all net profits accruing from the administration of such lands owned or acquired under agreement with the federal government shall be paid into the school fund of the counties in which such lands are located and obligations for the acquisition of the land incurred by the Department of Conservation and Natural Resources pursuant to the terms of any agreement with the federal government shall be paid solely and exclusively from revenues derived from such lands or from such other funds as may be available to the Department of Conservation and Natural Resources and not otherwise obligated, and shall not impose any liability upon the general credit and taxing power of the state.
The Department of Conservation and Natural Resources shall have full power and authority to sell, exchange or lease lands under its jurisdiction when in its judgment it is advantageous to the state to do so in the orderly development and management of state parks and parkways; provided, however, that said sale, lease or exchange shall not be contrary to the terms of any contract which it has entered into.
The Department of Conservation and Natural Resources is authorized to make such rules and regulations for the development, maintenance, management and operation of park or parkway enterprises or projects entered upon by the state, counties and municipalities with a view to securing loans or other financial cooperation from any agency of the federal government so as to enable the state, counties and municipalities to obtain such loans or other financial cooperation, and is further authorized to enter into such agreements or commitments as may be required in securing for the state such loans or other financial cooperation and to act in all particulars in behalf of the state in securing for the state or any of its departments, institutions or agencies such loans or other financial cooperation; provided, that such agreements or commitments shall not impose any liability upon the general credit and taxing power of the state beyond that authorized by law.
The Department of Conservation and Natural Resources may employ such officers, assistants and employees as may be necessary and, as to persons employed wholly or in part in carrying out the provisions of cooperative agreements with the federal government or other agencies, for such compensations heretofore or hereafter paid, may use such contributions or receipts as may be derived from the United States or from any private or philanthropic source.
Where any of the lands of the state or of any department, institution or agency of the state are in scattered or noncontiguous tracts, the Department of Conservation and Natural Resources is authorized, subject to the approval of the Governor, to exchange such tracts for others of equal value, privately or publicly owned, to the end that the lands of the state or of any of its departments, institutions or agencies may be better consolidated for economy and efficiency in administration, protection and use and to perform such other duties as may be imposed upon it by law and to do such other things as may be necessary to give full effect to this section and this title.
(Acts 1935, No. 23, p. 38, §1; Acts 1935, No. 500, p. 1078, §1; Acts 1936-37, Ex. Sess., No. 161, p. 183, §1; Acts 1939, No. 162, p. 255; Code 1940, T. 8, §3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-3.1 - Parking Violations on Property Under Control Control of Department.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-3.1 - Parking Violations on Property Under Control Control of Department.
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Section 9-2-3.1
Parking violations on property under control control of department.
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) DEPARTMENT. The Department of Conservation and Natural Resources.
(2) PROPERTY UNDER THE CONTROL OF THE DEPARTMENT. Property, and any roads or streets on the property, including but not limited to, state parks property; boating access areas, including associated parking lots; wildlife management areas; public fish lake property; and any property controlled, owned, leased, or managed by the department or any of its divisions or the Forever Wild Land Trust.
(b)(1) A person may not park, cause to be parked, or permit a motor vehicle to be parked on any property under the control of the department in violation of a rule adopted by the department.
(2) The presence of an unattended motor vehicle on property under control of the department in violation of a rule of the department shall create a prima facie presumption that the registrant of the motor vehicle committed or authorized the parking violation.
(c)(1) A person in violation of subsection (b) shall be issued a Uniform Traffic Ticket and Complaint (UTTC) by a special officer appointed by the department for the enforcement of this section as provided in Section 32-5-310. Notwithstanding Section 32-5-310, or any other provision of law, a special officer of the department is not required to be certified by the Alabama Peace Officers' Standards and Training Commission. A copy of the UTTC shall be left on the motor vehicle and mailed, by regular mail, to the registered owner of the motor vehicle.
(2) District courts shall have exclusive jurisdiction of violations of this section.
(d)(1) Except as provided in subdivision (2), a fine for a violation under this section shall be fifty dollars ($50).
(2) A fine for a violation of subsection (a) in a handicapped parking space shall be two hundred fifty dollars ($250).
(3) No court costs shall be assessed for a violation under this section.
(4) Fifty percent of the fines collected under this subsection shall be deposited into the Department of Conservation Administrative Fund to be used by the department. Fifty percent of the fines collected shall be deposited into the Clerk's Judicial Administration Fund.
(e) A motor vehicle parked on property controlled by the department in violation of this section may be removed as provided in Section 32-13-2.
(f) A UTTC issued pursuant to this section shall be subject to all procedures and provisions of Rule 19 of the Alabama Rules of Judicial Administration, as adopted by the Alabama Supreme Court, unless expressly provided otherwise in this section.
(g) The court may suspend the driver's license of a person who fails to pay a fine pursuant to this section as provided in Rule 26.11 of the Alabama Rules of Criminal Procedure.
(h) The department shall adopt rules for the implementation and administration of this section.
(Act 2019-442, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-4 - Powers and Duties as to Seafoods, Etc.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-4 - Powers and Duties as to Seafoods, Etc.
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Section 9-2-4
Powers and duties as to seafoods, etc.
(a) The Department of Conservation and Natural Resources shall have full jurisdiction and control of all seafoods existing or living in the waters of Alabama and of all public and natural oyster reefs and oyster bottoms of the State of Alabama, and it shall ordain, promulgate and enforce all rules, regulations and orders deemed by it to be necessary for the protection, propagation or conservation of the same.
(b) The Department of Conservation and Natural Resources may by order duly made and published prescribe the manner of taking or catching, the time when and designate the places from which seafoods may or may not be taken or caught during certain periods of the year, or entirely, as it may deem to be for the best interest of the seafood industry.
(c) It shall have full authority to prohibit the catching or taking of oysters from reefs designated by it by order duly made and promulgated during the entire open season or any part thereof and may open and close said reefs or portions thereof to tonging or dredging, or both, and at any time deemed by it to be to the best interest of the public welfare.
(d) It shall receive and audit the accounts of oysters bought and caught of all canners and dealers and the accounts of all inspectors, employees and members of said department and of all expenses incident to carrying into effect this title, and shall see that all privilege taxes and license fees are paid, that the inspectors and other officers and employees faithfully discharge their duties and that all provisions of this title are properly complied with and enforced, and the Commissioner of Conservation and Natural Resources shall hear the complaints of any person aggrieved by the action of any officer.
(e) It shall have authority to cooperate with the commissioner of the Bureau of Fisheries of the Department of Commerce of the United States government in the carrying out of the provisions of any act of Congress for the sale, distribution or propagation of all seafoods and the extension of the producing areas thereof.
(f) It shall have authority to make rules and regulations requiring all catchers, factories, purchasers, dealers or any persons dealing in shrimp and oysters to make reports to the department containing the number of barrels caught or sold and any other information said department may require; to designate the dates for opening and closing of the seasons for catching shrimp and the waters from which the same may be taken; to cause surveys to be made of the coastal regions of the State of Alabama for the purpose of determining the economic soundness of the development of the oyster industry in the location; and to make plans and estimates of the cost of such developments and improvements and in connection therewith to enter on any lands, waters and premises for the purpose of making such surveys, soundings and examinations.
(Acts 1935, No. 226, p. 618, §10; Acts 1936-37, Ex. Sess., No. 169, p. 192, §3; Acts 1939, No. 162, p. 255; Code 1940, T. 8, §4.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-5 - Commissioner of Conservation and Natural Resources - Qualifications, Appointment, Te...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-5 - Commissioner of Conservation and Natural Resources - Qualifications, Appointment, Term of Office, Oath, and Bond.
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Section 9-2-5
Commissioner of Conservation and Natural Resources - Qualifications, appointment, term of office, oath, and bond.
The Department of Conservation and Natural Resources shall be headed by and shall be under the direction, supervision and control of an officer who shall be known and designated as the Commissioner of Conservation and Natural Resources. The Commissioner of Conservation and Natural Resources shall be the advisor of the Governor and the Legislature in matters relating to the wildlife and other natural resources and the state parks and monument and historical sites of the State of Alabama and the discovery, development, protection and conservation thereof. He shall be responsible to the Governor for the administration of the Department of Conservation and Natural Resources. The Commissioner of Conservation and Natural Resources shall be appointed and shall hold office at the pleasure of the Governor. Vacancies for any reason shall be filled in the same manner as original appointments are made. Before entering upon the discharge of his duties, the Commissioner of Conservation and Natural Resources shall take the constitutional oath of office and shall give bond in such penalty as may be fixed by the Governor, but such penalty shall not be less than $10,000.00 conditioned upon the faithful discharge of his duties. The premiums on such bond shall be paid out of the State Treasury. The Commissioner of Conservation and Natural Resources shall devote full time to his office and shall not hold another office under the government of the United States or under any other state or of this state or any political subdivision thereof during his incumbency in such office, and shall not hold any position of trust or profit or engage in any occupation or business the conduct of which shall interfere or be inconsistent with his duties as Commissioner of Conservation and Natural Resources under the provisions of this title.
(Acts 1939, No. 162, p. 255, §6; Code 1940, T. 8, §5; Acts 1951, Ex. Sess., No. 9, p. 175, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-6 - Commissioner of Conservation and Natural Resources - Powers and Duties Generally.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-6 - Commissioner of Conservation and Natural Resources - Powers and Duties Generally.
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Section 9-2-6
Commissioner of Conservation and Natural Resources - Powers and duties generally.
All functions and duties of the Department of Conservation and Natural Resources shall be exercised by the Commissioner of Conservation and Natural Resources acting by himself or by and through such administrative divisions or such officers or employees as he may designate. The Commissioner of Conservation and Natural Resources shall have all power and authority necessary or convenient to carry out the functions and duties of the Department of Conservation and Natural Resources. In the performance of such functions and duties and in the exercise of such powers and authorities, the Commissioner of Conservation and Natural Resources and all other officers and employees of the Department of Conservation and Natural Resources shall, however, be subject to all legal restrictions, limitations and conditions and penalties, civil and criminal, with respect to the performance of such functions and duties and the exercise of such powers and authorities.
(Acts 1939, No. 162, p. 255, § 7; Code 1940, T. 8, §6.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-7 - Commissioner of Conservation and Natural Resources - Powers and Duties as to Game, F...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-7 - Commissioner of Conservation and Natural Resources - Powers and Duties as to Game, Fish and Seafood Generally.
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Section 9-2-7
Commissioner of Conservation and Natural Resources - Powers and duties as to game, fish and seafood generally.
(a) The Commissioner of Conservation and Natural Resources may enforce and administer all laws providing for the preservation, protection, propagation, and development of wild birds, wild fur-bearing animals, game fish, saltwater fish, shrimp, oysters and other shellfish, crustaceans and all other species of wildlife within the state or within the territorial jurisdiction of the state which have not been reduced to private ownership, except as otherwise provided.
(b) The commissioner is empowered to do all of the following:
(1) To formulate a state wildlife policy.
(2) To fix open seasons during which game birds, game, and fur-bearing animals may be taken.
(3) To fix daily and season bag limits on game birds and game animals.
(4) To designate by name what species of fish shall be game fish.
(5) To fix daily creel limits on game fish.
(6) To regulate the manner, means, and devices for catching or taking game fishes, game birds, game, and fur-bearing animals and the manner, means, and devices for catching or taking all other species of fish not designated as game fish.
(7) To close the season of any species of game in any county or area when, upon a survey by the department, it is found necessary to the conservation and perpetuation of such species and to reopen such closed season when it is deemed advisable.
(8) To designate by name what animals shall be classed as game or fur-bearing animals and the time, manner, means, and devices for taking same.
(9) To introduce desirable species of game, fish, and birds.
(10) To suspend, revoke, or reinstate, pursuant to the terms of any agreements entered into pursuant to subdivision (5) of Section 9-2-2, a hunting, fishing, trapping, or other license or privilege, issued or regulated by the department.
(Acts 1935, No. 240, p. 632, §§11, 14; Acts 1939, No. 162, p. 255, §11; Code 1940, T. 8, §17; Act 2009-724, p. 2165, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-8 - Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regul...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-8 - Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regulations as to Game, Fish and Seafood; Publication and Distribution of Laws, Etc.
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Section 9-2-8
Commissioner of Conservation and Natural Resources - Promulgation of rules and regulations as to game, fish and seafood; publication and distribution of laws, etc.
The Commissioner of Conservation and Natural Resources is authorized to make and promulgate such reasonable rules and regulations not in conflict with the provisions of the game and fish laws as he may deem for the best interest of the conservation, protection and propagation of wild game, birds, animals, fish and seafoods, which rules and regulations shall have the effect of law; provided, that the Commissioner of Conservation and Natural Resources shall not have the right to make or promulgate any rules or regulations which will hamper industry or which will interfere with the operation of any industrial plant or plants or any industrial operation. The Commissioner of Conservation and Natural Resources shall not have the right to make or promulgate any rules or regulations which will hamper or interfere with the construction of dams built for impounding private waters as defined by the legislature or which will hamper or interfere with the catching, the marketing, the sale or resale or buying of the fish crop or any fish caught or taken from private waters as defined by the Legislature or which will in any way hamper or interfere with the maximum development of private waters as a source of food, farm income and recreation in the State of Alabama. The Commissioner of Conservation and Natural Resources shall publish in pamphlet form for general distribution all laws together with such rules and regulations relating to game, birds, fish, fur bearers, seafoods and other matters over which such Commissioner of Conservation and Natural Resources has authority or supervision. Such pamphlet so published shall be received in evidence without further proof of such rules and regulations in any court of this state.
(Acts 1935, No. 240, p. 632, §§ 20, 23; Code 1940, T. 8, §21; Acts 1943, No. 531, p. 505, § 1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-9 - Commissioner of Conservation and Natural Resources - Powers and Duties as to State P...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-9 - Commissioner of Conservation and Natural Resources - Powers and Duties as to State Parks, etc., Generally.
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Section 9-2-9
Commissioner of Conservation and Natural Resources - Powers and duties as to state parks, etc., generally.
The Commissioner of Conservation and Natural Resources, acting through the Division of Parks, shall have the following powers and authorities:
(1) To acquire in the name of the State of Alabama by purchase, lease, agreement, license, condemnation or otherwise land deemed necessary or desirable to be preserved, improved, protected and maintained as a part of the state park system and to accept in his discretion, in fee or otherwise, land donated, entrusted, conveyed or devised to the state for like purposes and with like discretion to accept gifts, contributions or bequests of money or other personal property of value to be used or expended for the benefit of the state park system;
(2) To contract and make cooperative agreements with the federal government and with states, counties, municipalities, corporations, associations or individuals for the purpose of acquiring, planning, establishing, developing, utilizing, operating, protecting or maintaining any public park, parkway, monument or historic site;
(3) To construct and operate suitable public service privileges and conveniences on any land embraced within the state park system and to charge and collect reasonable fees for the use of the same and in his discretion to enter into contracts for the operation of any such privilege or convenience and to enter into contracts with any person or corporation engaged in the business of supplying the public with water for commercial, industrial or domestic consumption, granting the right to construct a dam across any stream lying wholly or partially in any state park with the buildings, works and lines necessary and convenient to impound the flow of any such stream, to overflow such lands as may be necessary and to conduct such flow through and out of such park and granting such person or corporation the right to use the flow of such stream for such purposes upon such terms and conditions as are deemed to be in the public interest. All money derived from any such privilege, convenience or contract together with such sums as may otherwise be derived from the operation of the state park system shall be paid into the Treasury to the credit of the State Park Fund created in this title;
(4) To establish and promulgate and from time to time alter, amend or repeal rules and regulations governing the preservation, protection and use of the state park system and the property thereon and to preserve the peace therein. Any person who violates any rule or regulation so established and promulgated shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than $500.00 or imprisonment for not more than six months, or both, and may be adjudged to pay all costs of the proceedings. The Director of the Division of Parks shall have and he is hereby vested with full police power to prefer charges against and to make arrests of any person or persons violating any such rule or regulation. The Commissioner of Conservation and Natural Resources shall have full authority to designate any other employee or employees of the said Division of Parks as deputy police officers, who shall have full authority to prefer charges against or to make arrests of any person or persons violating any rule or regulation established or promulgated by the Commissioner of Conservation and Natural Resources;
(5) To initiate and conduct a public program of recreational activities; and
(6) To prepare, print and distribute printed matter relating to and descriptive of the state park system.
(Acts 1939, No. 556, p. 877, §3; Code 1940, T. 8, §176.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-10 - Commissioner of Conservation and Natural Resources - Duties as to Preservation, Mai...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-10 - Commissioner of Conservation and Natural Resources - Duties as to Preservation, Maintenance, etc., of State Parks, Etc.
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Section 9-2-10
Commissioner of Conservation and Natural Resources - Duties as to preservation, maintenance, etc., of state parks, etc.
It shall be the duty of the Commissioner of Conservation and Natural Resources, acting through the Division of Parks, to preserve, improve, protect and maintain all parks, parkways, monuments and historic sites now owned or hereafter acquired or established by the State of Alabama except Mound State Monument, the first White House of the Confederacy and all monuments and historic sites now located on state-owned land in the City of Montgomery.
(Acts 1939, No. 556, p. 877, § 2; Code 1940, T. 8, §180.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-11 - Commissioner of Conservation and Natural Resources - Creation of Additional Divisio...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-11 - Commissioner of Conservation and Natural Resources - Creation of Additional Divisions in Department; Appointment of Directors of Divisions.
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Section 9-2-11
Commissioner of Conservation and Natural Resources - Creation of additional divisions in department; appointment of directors of divisions.
With the approval of the Governor, the Commissioner of Conservation and Natural Resources may create and establish such additional division or divisions as may be determined to be necessary or convenient in the efficient and expeditious performance of the functions and duties of the Department of Conservation and Natural Resources and may assign functions and duties to such division or divisions, and he may transfer functions and duties from and to existing divisions from time to time. Directors of such divisions shall be appointed by the Commissioner of Conservation and Natural Resources with the approval of the Governor.
(Acts 1939, No. 162, p. 255, §14; Code 1940, T. 8, §10.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-12 - Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regu...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-12 - Commissioner of Conservation and Natural Resources - Promulgation of Rules and Regulations for Department.
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Section 9-2-12
Commissioner of Conservation and Natural Resources - Promulgation of rules and regulations for department.
The Commissioner of Conservation and Natural Resources shall have and exercise all rule-making powers of any division of the Department of Conservation and Natural Resources subject to the provisions of Section 9-2-15. The Commissioner of Conservation and Natural Resources shall have power and authority to establish and promulgate rules and regulations, including amendments and repeals thereof, with respect to the manner of performance of all functions and duties of the Department of Conservation and Natural Resources, which rules and regulations shall be reasonably calculated to effect the expeditious and efficient performance of such functions and duties and shall not be in conflict with applicable statutes. The rule-making power of the Commissioner of Conservation and Natural Resources shall not be delegated, except as otherwise expressly provided.
(Acts 1939, No. 162, p. 255, § 8; Code 1940, T. 8, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-13 - Commissioner of Conservation and Natural Resources - Authority to Prohibit Importat...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-13 - Commissioner of Conservation and Natural Resources - Authority to Prohibit Importation of Birds, Animals, Fish, Etc.
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Section 9-2-13
Commissioner of Conservation and Natural Resources - Authority to prohibit importation of birds, animals, fish, etc.
(a) The Commissioner of Conservation and Natural Resources may prohibit by duly promulgated regulation the importation of any bird, animal, reptile, amphibian, or fish when the importation of the animal, bird, reptile, amphibian, or fish would not be in the best interest of the state.
(b) This section does not apply to birds, animals, reptiles, amphibians, and fish used for display purposes for carnivals, zoos, circuses, and other like shows and exhibits where ample provision is made so the birds, animals, reptiles, amphibians, and fish will not escape or be released in this state.
(c) Any person, firm, corporation, partnership, or association who or which imports, brings, or causes to be brought or imported into the State of Alabama any bird, animal, reptile, amphibian, or fish, the importation of which has been forbidden by duly promulgated regulation of the commissioner, shall be in violation of this section and upon conviction thereof shall be guilty of a Class C misdemeanor, except that the punishment for each offense shall be a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than 30 days, or both.
(Acts 1969, No. 414, p. 813, §§1-3; Act 2002-510, p. 1314, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-14 - Advisory Board of Conservation and Natural Resources - Created; Composition; Qualif...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-14 - Advisory Board of Conservation and Natural Resources - Created; Composition; Qualifications, Appointment, Terms of Office, and Compensation of Members; Residency Requirements; Meetings; Record of Meetings and Proceedings; Transitional Members.
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Section 9-2-14
Advisory Board of Conservation and Natural Resources - Created; composition; qualifications, appointment, terms of office, and compensation of members; residency requirements; meetings; record of meetings and proceedings; transitional members.
(a) There shall be an Advisory Board of Conservation and Natural Resources. The board shall consist of the Governor, the Commissioner of Agriculture and Industries, the Director of the Agricultural Extension System ex officio, and 10 other members to be appointed by the Governor, one of whom the Governor shall designate as chair of the Advisory Board of Conservation and Natural Resources. The appointed members of the board shall be selected with special reference to training and experience along one or more of the principal lines of activity vested in the Department of Conservation and Natural Resources. The term of office of each appointed member of the board shall be six years. Of members first appointed, however, two members shall be appointed for two years, three members shall be appointed for four years, two members shall be appointed for five years and three members shall be appointed for six years. The members of the board shall receive no salary or compensation as members of the board, but shall be reimbursed for expenses of travel, meals, and lodging while in the performance of their duties as members of the board, pursuant to Article 2 of Chapter 7 of Title 36.
(b) After July 1, 1998, the members of the advisory board appointed by the Governor shall be appointed so that one member of the board is a resident of each congressional district as the districts are constituted on January 1, 1998, and no more than two members are residents of the same congressional district. If a member appointed from a congressional district ceases to be a resident of the district from which appointed, the member shall vacate his or her office. This subsection shall not affect the term or reappointment of any current member of the board.
(c) The board shall hold semiannual regular meetings at the time and place designated by the chair of the board or the Commissioner of Conservation and Natural Resources. The chair of the board or the Commissioner of Conservation and Natural Resources may call special meetings as may be necessary.
(d) The Commissioner of Conservation and Natural Resources shall be ex officio secretary of the board and shall keep minutes of all meetings and a record of all proceedings of the board. The commissioner shall receive no additional compensation for the services.
(e) On a transitional basis, one additional transitional member of the Advisory Board of Conservation and Natural Resources shall be appointed by the Governor from each congressional district as constituted on January 1, 1998, which is not currently represented on the board. A transitional member shall serve a term of six years or until a permanent member of the advisory board is appointed to represent the congressional district where the transitional member resides. A transitional member may be appointed a permanent member to a full term of office. Transitional members of the board shall have the same powers, rights, and duties, and shall be reimbursed for expenses as other members of the advisory board during their service on the board.
(Acts 1939, No. 162, p. 255, §9; Code 1940, T. 8, §8; Acts 1945, No. 219, p. 342, §1; Acts 1973, No. 1248, p. 2096, §1; Act 98-383, p. 729, §§1, 2.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-15 - Advisory Board of Conservation and Natural Resources - Powers and Duties.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-15 - Advisory Board of Conservation and Natural Resources - Powers and Duties.
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Section 9-2-15
Advisory Board of Conservation and Natural Resources - Powers and duties.
The functions and duties of the Advisory Board of Conservation and Natural Resources shall be as follows:
(1) To assist in formulating the policies of the Department of Conservation and Natural Resources in the performance of its functions and duties;
(2) To examine all rules and regulations made or promulgated by the Commissioner of Conservation and Natural Resources, to recommend amendments or repeals thereof or additional rules or regulations and by a two-thirds vote of those present at any meeting and with the approval of the Governor to amend or repeal such rules and regulations or to make and promulgate additional rules or regulations;
(3) To advise with the Commissioner of Conservation and Natural Resources concerning any matter relating to the functions and duties of the Department of Conservation and Natural Resources; and
(4) To assist in giving publicity to the wildlife and other natural resources, the state parks and monuments and historical sites of the state and the work of the Department of Conservation and Natural Resources in connection therewith.
(Acts 1939, No. 162, p. 255, § 10; Code 1940, T. 8, §9.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-15-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-15.1 - Advisory Board of Conservation and Natural Resources; Promulgation of Rules and R...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-15.1 - Advisory Board of Conservation and Natural Resources; Promulgation of Rules and Regulations; Prohibition of Airboat; Penalty.
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Section 9-2-15.1
Advisory Board of Conservation and Natural Resources; promulgation of rules and regulations; prohibition of airboat; penalty.
(a) The conservation advisory board shall have the power to promulgate rules and regulations having the force and effect of law to regulate, including the authority to prohibit, the use of an airboat on any of the public waters of this state that are subject to an ebb and flow of the tide of at least two inches.
(b) Any person violating the provisions of the rules and regulations promulgated under the authority of this section shall, upon conviction, be guilty of a Class C misdemeanor.
(Acts 1981, No. 81-425, p. 671, § 1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-16 - Director of Irrigation.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-16 - Director of Irrigation.
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Section 9-2-16
Director of Irrigation.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1965, No. 828, p. 1556, §§ 1,2.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-17/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-17 - Employees Generally.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-17 - Employees Generally.
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Section 9-2-17
Employees generally.
The Commissioner of Conservation and Natural Resources shall, with the approval of the Governor and subject to the provisions of the Merit System, determine the number of employees needed for the efficient and economical performance of the functions and duties of the Department of Conservation and Natural Resources.
(Acts 1939, No. 162, p. 255, § 19; Code 1940, T. 8, §11.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-18/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-18 - Requirement of Bonds for Certain Officers and Employees.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-18 - Requirement of Bonds for Certain Officers and Employees.
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Section 9-2-18
Requirement of bonds for certain officers and employees.
Before entering upon the duties of their respective offices, each officer and employee of the Department of Conservation and Natural Resources authorized or permitted to handle any money shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Commissioner of Conservation and Natural Resources, for the faithful performance of their duties.
(Acts 1943, No. 122, p. 123, § 1; Acts 1961, Ex. Sess., No. 208, p. 2190.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-19/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-19 - Administrative Salaries and Expenses to Be Prorated Among Divisions of Department.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-19 - Administrative Salaries and Expenses to Be Prorated Among Divisions of Department.
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Section 9-2-19
Administrative salaries and expenses to be prorated among divisions of department.
The salary of the Commissioner of Conservation and Natural Resources and the salaries and wages of the administrative staff together with all administrative expenses of the Department of Conservation and Natural Resources shall be prorated by the Commissioner of Conservation and Natural Resources among the various divisions of the Department of Conservation and Natural Resources in such manner as he may deem advisable for the best interest of the department as a whole, and such proration charged against any division of the Department of Conservation and Natural Resources shall be paid from funds belonging to such division upon the requisition of the Commissioner of Conservation and Natural Resources.
(Acts 1945, No. 225, p. 349, § 1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-20 - Game and Fish Fund - Created; Composition.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-20 - Game and Fish Fund - Created; Composition.
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Section 9-2-20
Game and Fish Fund - Created; composition.
There is hereby created and there shall be a fund which shall be known as the Game and Fish Fund. This fund shall consist of:
(1) All moneys received for all occupational licenses or privilege taxes imposed by the state on any person, firm or corporation for engaging in any business or activity relating to taking, catching, capturing or killing of any fur-bearing or game animal or game bird in this state or the taking, catching, capturing or killing of any fish in the public or territorial waters of this state;
(2) All moneys derived from the levying or imposition upon any person, firm or corporation of any tax, license, permit, certificate, fee or any other charge by whatsoever name called pursuant to the game and fish laws of this state or rules and regulations based thereon;
(3) All moneys derived from the administration and enforcement of the game and fish laws of this state, or rules and regulations based thereon;
(4) All moneys paid, derived, received or arising from fines, penalties and forfeitures pursuant to the game and fish laws of this state and the rules and regulations based thereon;
(5) All moneys derived from the sale of hunting and fishing licenses or permits; and
(6) All moneys accruing to the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources from any source.
(Acts 1945, No. 229, p. 352, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-20-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-20.1 - Game and Fish Fund - Alabama Game and Fish Endowment Fund Created as Special Acco...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-20.1 - Game and Fish Fund - Alabama Game and Fish Endowment Fund Created as Special Account; Administration; Restrictions; Use of Income.
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Section 9-2-20.1
Game and Fish Fund - Alabama Game and Fish Endowment Fund created as special account; administration; restrictions; use of income.
(a) There is hereby created within the Game and Fish Fund a special account to be known as the Alabama Game and Fish Endowment Fund. The assets of said fund shall consist of the following:
(1) The proceeds from the sale of the lifetime hunting, lifetime fishing, and combination lifetime hunting and fishing licenses provided in subsections (a) through (c) of Section 9-11-65;
(2) The proceeds of any gifts, grants and contributions to the state which are specifically designated for inclusion in said fund; and
(3) Such other sources as may be specified by law.
(b) The Alabama Game and Fish Endowment Fund shall be administered by a board of trustees consisting of the Director of Finance, the Secretary-Treasurer of the State Employees' Retirement System and the Commissioner of the Department of Conservation and Natural Resources. Said board of trustees shall have the power and authority to invest and reinvest the assets of the fund within the guidelines, limitations and restrictions that govern investment of the State Employees Retirement Fund.
(c) The Alabama Game and Fish Endowment Fund is declared to be a special trust derived from a contractual relationship between the state and the members of the public whose investments contribute to the fund. The following limitations and restrictions are placed on expenditures from said fund:
(1) Subject to Amendment No. 272 of the Alabama Constitution of 1901, any limitations or restrictions specified by donors on the uses of the income derived from gifts, grants and voluntary contributions shall be respected but shall not be binding.
(2) No expenditures or disbursement shall be made from the principal of said fund except as otherwise provided by law.
(d) The income derived annually from the Alabama Game and Fish Endowment Fund shall be credited to the Game and Fish Fund regular accounts and expended as provided by law.
(Acts 1981, 3rd Ex. Sess., No. 81-1122, p. 386, §§ 4-7.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-20-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 2 - Department of Conservation and Natural Resources.›Article 1 - General Provisions.›Section 9-2-20.2 - Game and Fish Fund - Alabama Nongame Wildlife Endowment.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 1 - General Provisions. › Section 9-2-20.2 - Game and Fish Fund - Alabama Nongame Wildlife Endowment.
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Section 9-2-20.2
Game and Fish Fund - Alabama Nongame Wildlife Endowment.
(a) There is hereby created within the Game and Fish Fund a special account to be known as the Alabama Nongame Wildlife Endowment. The assets of said account shall consist of the following:
(1) The proceeds from the sale of reproductions of the said print and/or stamp;
(2) The proceeds of any gifts, grants and contributions to the state which are specifically designated for inclusion in said account; and
(3) Such other sources as may be specified by law.
(b) The Alabama Nongame Wildlife Endowment shall be administered by a board of trustees consisting of the Director of Finance, the Secretary-Treasurer of the State Employees' Retirement System and the Commissioner of the Department of Conservation and Natural Resources. Said board of trustees shall have the power and authority to invest and reinvest the assets of the account within the guidelines, limitations and restrictions that govern investment of the State Employees' Retirement Fund.
(c) The Alabama Nongame Wildlife Endowment is declared to be a special trust derived from a contractual relationship between the state and the members of the public whose investments contribute to the account. The following limitations and restrictions are placed on expenditures from said account:
(1) Subject to Amendment No. 272 of the Constitution of Alabama of 1901, any limitations or restrictions specified by donors on the uses of the income derived from gifts, grants and voluntary contributions shall be respected, but shall not be binding.
(2) No expenditures or disbursements shall be made from the principal of said account except as otherwise provided by law.
(d) The income derived annually from the Alabama Nongame Wildlife Endowment shall be credited to the Game and Fish Fund and expended exclusively for purposes of preserving, protecting, perpetuating and enhancing nongame wildlife in this state.
(Acts 1990, No. 90-256, p. 319, §§4-7.)
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