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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-21/
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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 9-2-21 - Game and Fish Fund - Remittance of Collections to State Treasurer to Credit of Fund...
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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 9-2-21 - Game and Fish Fund - Remittance of Collections to State Treasurer to Credit of Fund.
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Section 9-2-21
Game and Fish Fund - Remittance of collections to State Treasurer to credit of fund.
Each officer or employee of the Department of Conservation and Natural Resources or other officer charged with the duty of collecting any of the funds or moneys mentioned in Section 9-2-20 shall remit all such collections on the first day of each month directly to the Commissioner of Conservation and Natural Resources, who shall upon receipt thereof remit such collections to the Treasurer of the State of Alabama to the credit of the Game and Fish Fund.
(Acts 1945, No. 229, p. 352, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-22/
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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 9-2-22 - Game and Fish Fund - Disbursement.
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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 9-2-22 - Game and Fish Fund - Disbursement.
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Section 9-2-22
Game and Fish Fund - Disbursement.
The said fund hereby created shall be used and expended by the Commissioner of Conservation and Natural Resources in furtherance of the preservation, protection, propagation and development of wild birds, wild fur-bearing animals, game, fish 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 and, when so expended, shall be paid out on the requisition of the Commissioner of Conservation and Natural Resources and charged to said fund. All necessary expenses of the Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources, including its pro rata portion of the administrative expense of said Department of Conservation and Natural Resources, shall likewise be paid out of said fund on the requisition of the Commissioner of Conservation and Natural Resources; provided, that no funds shall be withdrawn nor expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41 of this code and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill.
(Acts 1945, No. 229, p. 352, §3; Acts 1951, No. 829, p. 1460.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-23/
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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 9-2-23 - Game and Fish Fund - Diversion of Funds From Particular Purpose for Which Collected...
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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 9-2-23 - Game and Fish Fund - Diversion of Funds From Particular Purpose for Which Collected, Allotted or Budgeted.
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Section 9-2-23
Game and Fish Fund - Diversion of funds from particular purpose for which collected, allotted or budgeted.
Nothing in Sections 9-2-20 through 9-2-22, however, shall require the diversion of any funds from any particular purpose for which they were collected, allotted or budgeted if the effect of such diversion would penalize the state in retaining or securing any federal funds or federal assistance.
(Acts 1945, No. 229, p. 352, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-24/
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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 9-2-24 - Department Not to Issue Bonds or Borrow Money.
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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 9-2-24 - Department Not to Issue Bonds or Borrow Money.
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Section 9-2-24
Department not to issue bonds or borrow money.
The Department of Conservation and Natural Resources shall have no power or authority to issue any bonds or to borrow any money.
(Acts 1939, No. 162, p. 255; Code 1940, T. 8, §12.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-25/
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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 9-2-25 - Refunds on Erroneous or Excessive License Fees.
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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 9-2-25 - Refunds on Erroneous or Excessive License Fees.
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Section 9-2-25
Refunds on erroneous or excessive license fees.
(a) This section shall apply to all licenses administered by the Department of Conservation and Natural Resources or any division thereof.
(b) In the event any license for the same privilege is made available at a lesser price and reasonable notice of its availability has not been given to the public, a person, firm or corporation will be entitled to a refund equal to the amount of the reduction of the license fee; and any person, firm or corporation who, by mistake, purchases any duplicate license or pays an amount in excess of that required by law for the license shall be entitled to have the money incorrectly paid refunded as hereinafter provided, less any amount paid as an issuance fee or other fee to any probate judge, license commissioner, special agent or other person authorized to issue such licenses.
(c) Any amount charged by a probate judge, license commissioner, special agent or other person authorized to issue such licenses as an issuance fee or other fee that is in excess of the legal and proper issuance fee must be refunded by the probate judge, license commissioner, special agent or other person charging said illegal fee.
(d) All applications for refund must be made within one year from the date of such erroneous or excessive payment.
(e) The Commissioner of the Department of Conservation and Natural Resources or his duly authorized agent, upon receiving an application for refund and satisfactory proof of duplicate or excessive payment for a license fee, shall authorize refund of the money incorrectly paid, less any legal and proper issuance fee retained by the judge of probate, license commissioner, special agent or other person authorized to issue such licenses. The amount of such refund shall be paid by warrant out of the fund into which it was originally paid in the State Treasury.
(Acts 1966, Ex. Sess., No. 438, p. 595, §§1, 2.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-26/
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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 9-2-26 - Cooperation With Federal Agencies.
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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 9-2-26 - Cooperation With Federal Agencies.
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Section 9-2-26
Cooperation with federal agencies.
The Department of Conservation and Natural Resources is authorized to cooperate with the United States Department of Agriculture and other federal agencies in the restoration of wildlife in compliance with the Pittman-Robertson Act and in the restoration or rehabilitation of game, fish, parks or historical sites and monuments.
(Acts 1939, No. 514, p. 803, § 12; Code 1940, T. 8, §14.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-27/
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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 9-2-27 - Compliance With Uniform Relocation Assistance and Land Acquisition Policies Act.
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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 9-2-27 - Compliance With Uniform Relocation Assistance and Land Acquisition Policies Act.
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Section 9-2-27
Compliance with Uniform Relocation Assistance and Land Acquisition Policies Act.
The Department of Conservation and Natural Resources is hereby authorized to expend such appropriated and uncommitted capital improvement funds as may be necessary to comply with Sections 210 and 305 of Public Law 91-646, known as the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970.
(Acts 1971, 3rd Ex. Sess., No. 85, p. 4298, § 1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-28/
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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 9-2-28 - "Game and Fish Wardens" Deemed "Conservation officers."
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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 9-2-28 - "Game and Fish Wardens" Deemed "Conservation officers."
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Section 9-2-28
"Game and fish wardens" deemed "conservation officers."
Whenever the terms "game and fish warden" or "game and fish wardens" appear in this title, the terms shall mean and refer to conservation officers appointed by the Commissioner of the Department of Conservation and Natural Resources.
(Acts 1977, No. 20, p. 28; Act 2018-201, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-1/section-9-2-29/
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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 9-2-29 - Commissioner Authorized to Designate Calendar Work Week for Law Enforcement Officer...
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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 9-2-29 - Commissioner Authorized to Designate Calendar Work Week for Law Enforcement Officers.
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Section 9-2-29
Commissioner authorized to designate calendar work week for law enforcement officers.
(a) The Legislature declares that it is the purpose of this section to authorize the Commissioner of the Department of Conservation and Natural Resources to designate the calendar work week for its law enforcement officers.
(b) For the purpose of Sections 36-21-4 and 36-21-5, the Commissioner of the Department of Conservation and Natural Resources may designate the calendar work week for the law enforcement officers employed by the department.
(Acts 1995, No. 95-745, p. 1696, §§1, 2.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-2/section-9-2-40/
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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 2 - Construction or Modification of Buildings and Facilities.›Section 9-2-40 - Commissioner Designated Awarding Authority.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 2 - Construction or Modification of Buildings and Facilities. › Section 9-2-40 - Commissioner Designated Awarding Authority.
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Section 9-2-40
Commissioner designated awarding authority.
The Commissioner of the Department of Conservation and Natural Resources is hereby designated as an awarding authority.
(Acts 1953, No. 521, p. 685, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-2/section-9-2-41/
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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 2 - Construction or Modification of Buildings and Facilities.›Section 9-2-41 - Preparation of Plans and Specifications.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 2 - Construction or Modification of Buildings and Facilities. › Section 9-2-41 - Preparation of Plans and Specifications.
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Section 9-2-41
Preparation of plans and specifications.
The Department of Conservation and Natural Resources is hereby empowered and authorized to prepare plans and specifications for the construction or modification of any buildings or facilities within the jurisdiction of the Department of Conservation and Natural Resources.
(Acts 1953, No. 521, p. 685, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-2/section-9-2-42/
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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 2 - Construction or Modification of Buildings and Facilities.›Section 9-2-42 - Contracts for Advisory Engineering or Architectural Services.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 2 - Construction or Modification of Buildings and Facilities. › Section 9-2-42 - Contracts for Advisory Engineering or Architectural Services.
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Section 9-2-42
Contracts for advisory engineering or architectural services.
The Department of Conservation and Natural Resources is empowered and authorized to enter into contracts with engineering or architectural firms for the preparation of plans and/or specifications to be used by said department in constructing or modifying buildings and other facilities within the jurisdiction of the Department of Conservation and Natural Resources and may contract for such supervisory engineering or architectural services as may be needed in its construction work; provided, that any such advisory services contracted for must conform to the fee schedule as adopted by the state Building Commission.
(Acts 1953, No. 521, p. 685, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-2/section-9-2-43/
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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 2 - Construction or Modification of Buildings and Facilities.›Section 9-2-43 - Contracts for Construction or Modification of Buildings or Facilities.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 2 - Construction or Modification of Buildings and Facilities. › Section 9-2-43 - Contracts for Construction or Modification of Buildings or Facilities.
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Section 9-2-43
Contracts for construction or modification of buildings or facilities.
The Department of Conservation and Natural Resources is further empowered and authorized to enter into contracts for the construction or modification of any buildings or facilities within the jurisdiction of said department; provided, however, that all such contracts shall be invalid and void unless approved in writing by the Governor; and further provided that all such construction contracts shall be let and made in accordance with the provisions of Chapters 1, 2 and 5 of Title 39 of this code.
(Acts 1953, No. 521, p. 685, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-2/section-9-2-44/
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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 2 - Construction or Modification of Buildings and Facilities.›Section 9-2-44 - Approval of Division of Construction Management of the Department of Finance Not Re...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 2 - Construction or Modification of Buildings and Facilities. › Section 9-2-44 - Approval of Division of Construction Management of the Department of Finance Not Required as to Certain Contracts; Compliance With State Building Code.
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Section 9-2-44
Approval of Division of Construction Management of the Department of Finance not required as to certain contracts; compliance with state building code.
All construction or modification contracts as specified in this article which may hereafter be made are excepted from approval by the Division of Construction Management of the Department of Finance with the exception of buildings erected by the Department of Conservation and Natural Resources that exceed in cost the sum of $15,000.00; provided, however, that all such construction or modifications must comply with the state building code.
(Acts 1953, No. 521, p. 685, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-3/section-9-2-60/
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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 3 - Division of Wildlife and Freshwater Fisheries.›Section 9-2-60 - Created.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 3 - Division of Wildlife and Freshwater Fisheries. › Section 9-2-60 - Created.
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Section 9-2-60
Created.
(a) There is created within the Department of Conservation and Natural Resources a division to be known as the Division of Wildlife and Freshwater Fisheries.
(b) Wherever reference is made to the Game and Fish Division or the Division of Game and Fish in this title, or in any other statute, rule, or regulation of the State of Alabama, the reference shall be construed to refer to the Division of Wildlife and Freshwater Fisheries.
(Acts 1951, No. 476, p. 840, § 2; Act 99-637, 2nd Sp. Sess., §§ 1, 2.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-3/section-9-2-61/
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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 3 - Division of Wildlife and Freshwater Fisheries.›Section 9-2-61 - Appointment of Director; Powers and Duties of Division Generally.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 3 - Division of Wildlife and Freshwater Fisheries. › Section 9-2-61 - Appointment of Director; Powers and Duties of Division Generally.
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Section 9-2-61
Appointment of director; powers and duties of division generally.
The Division of Wildlife and Freshwater Fisheries shall be a division of the Department of Conservation and Natural Resources and shall be headed by and be under the direction, supervision and control of the Director of the Division of Wildlife and Freshwater Fisheries. He shall be appointed by the Commissioner of Conservation and Natural Resources with the approval of the Governor. The Division of Wildlife and Freshwater Fisheries shall have the personnel, powers, properties, functions and duties of the Department of Conservation and Natural Resources which pertain to the game and fish of the State of Alabama and such personnel, duties, powers, functions and properties as may be hereafter conferred by law.
(Acts 1939, No. 162, p. 255, § 11; Code 1940, T. 8, §15; Acts 1951, No. 476, p. 840, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-3/section-9-2-62/
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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 3 - Division of Wildlife and Freshwater Fisheries.›Section 9-2-62 - Oath of Director; Director Full-Time Position.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 3 - Division of Wildlife and Freshwater Fisheries. › Section 9-2-62 - Oath of Director; Director Full-Time Position.
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Section 9-2-62
Oath of director; director full-time position.
Before entering upon the discharge of his duties, the Director of the Division of Wildlife and Freshwater Fisheries shall take the constitutional oath of office. He shall devote his full time to his official duties and shall hold no other lucrative position.
(Acts 1939, No. 162, p. 255, §15; Code 1940, T. 8, §16.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-3/section-9-2-63/
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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 3 - Division of Wildlife and Freshwater Fisheries.›Section 9-2-63 - Bond of Director.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 3 - Division of Wildlife and Freshwater Fisheries. › Section 9-2-63 - Bond of Director.
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Section 9-2-63
Bond of director.
Before entering upon the duties of his office, the Director of the Division of Wildlife and Freshwater Fisheries 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 his duties.
(Acts 1943, No. 122, p. 123, §15; Acts 1961, Ex. Sess., No. 208, p. 2190, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-3/section-9-2-64/
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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 3 - Division of Wildlife and Freshwater Fisheries.›Section 9-2-64 - Appointment, Oath, Bond, and Compensation of Game and Fish Wardens.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 3 - Division of Wildlife and Freshwater Fisheries. › Section 9-2-64 - Appointment, Oath, Bond, and Compensation of Game and Fish Wardens.
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Section 9-2-64
Appointment, oath, bond, and compensation of game and fish wardens.
The Commissioner of Conservation and Natural Resources shall have power to appoint as many game and fish wardens as he or she shall deem necessary for the proper enforcement of the game and fish laws of the state. All game and fish wardens, before entering upon their duties as such, shall take the oath of office as required by law for sheriffs in this state. Before entering upon the duties of their offices, all game and fish wardens shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of one thousand dollars ($1,000), for the faithful performance of their duties. The employees provided for in this section shall be reimbursed for their meals, lodging, and transportation when absent from their headquarters in the performance of their duties.
(Acts 1935, No. 240, p. 632, §12; Code 1940, T. 8, §18; Acts 1943, No. 122, p. 123, §1; Acts 1961, Ex. Sess., No. 208, p. 2190, §1; Act 2018-201, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-3/section-9-2-65/
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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 3 - Division of Wildlife and Freshwater Fisheries.›Section 9-2-65 - Powers and Duties of Game and Fish Wardens; Powers and Duties of Director With Resp...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 3 - Division of Wildlife and Freshwater Fisheries. › Section 9-2-65 - Powers and Duties of Game and Fish Wardens; Powers and Duties of Director With Respect to Game and Fish Wardens.
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Section 9-2-65
Powers and duties of game and fish wardens; powers and duties of director with respect to game and fish wardens.
(a) Game and fish wardens shall have power:
(1) To enforce all laws of this state relating to birds, animals and fish;
(2) To execute all warrants and search warrants for the violation of the game, fish and fur laws of the state;
(3) To serve subpoenas issued for examination, investigation and trial of all offenses against the law relating to game, fur bearers, birds and fish;
(4) To carry firearms as provided by law for enforcement officers when in the discharge of their official duties;
(5) To confiscate all game, birds, animals or fish or parts thereof which have been caught, taken, killed or held at a time in any manner or for any purpose or had in possession or under control or have been shipped, carried or transported contrary to the laws of this state, and game, fur bearers, birds, fish or parts thereof so confiscated shall be held as evidence in the court in which the defendant is held for trial; and, upon conviction of the defendant, said game, fur bearers, birds, fish or parts thereof shall be disposed of by written order of the court;
(6) To enter upon any land or water in the performance of their duty;
(7) To assist individual citizens, clubs, groups and organizations of sportsmen and conservation clubs by furnishing information and such other assistance as may be found necessary in the construction of fish ponds, the establishing of feeding grounds for migratory wild fowl, the planting of fish from the state and federal fish hatcheries, the reclaiming of stranded fish and the control of predators on useful forms of wildlife; and
(8) To perform such other additional duties as the commissioner may direct.
(b) The director of the division shall:
(1) Constantly keep in touch with the game and fish wardens;
(2) Assist and advise them in their work;
(3) See that all wardens are continuous in the performance of their duties;
(4) Make reports to the commissioner of any dereliction of duty;
(5) Investigate all charges of alleged misconduct or other alleged wrongful acts on the part of any warden and make special reports thereon to the commissioner;
(6) Assist in the prosecution of violations of all laws relating to the department; and
(7) Perform such other duties as the commissioner may direct.
(Acts 1935, No. 240, p. 632, §14; Code 1940, T. 8, §19.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-3/section-9-2-66/
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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 3 - Division of Wildlife and Freshwater Fisheries.›Section 9-2-66 - Official Annual State Nongame Wildlife Print And/or Stamp.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 3 - Division of Wildlife and Freshwater Fisheries. › Section 9-2-66 - Official Annual State Nongame Wildlife Print And/or Stamp.
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Section 9-2-66
Official annual state nongame wildlife print and/or stamp.
(a) There is hereby established an official annual state nongame wildlife print and/or stamp.
(b) The Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources is hereby given the authority to contract with an artist of its choice for the providing of said print and/or stamp.
(c) The Division of Wildlife and Freshwater Fisheries of the Department of Conservation and Natural Resources is hereby given authority to sell reproductions of said print and/or stamp.
(Acts 1990, No. 90-256, p. 319, §§1-3.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-3/section-9-2-67/
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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 3 - Division of Wildlife and Freshwater Fisheries.›Section 9-2-67 - Rules and Regulations for 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 3 - Division of Wildlife and Freshwater Fisheries. › Section 9-2-67 - Rules and Regulations for Nongame Wildlife Endowment.
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Section 9-2-67
Rules and regulations for Nongame Wildlife Endowment.
The Commissioner of the Department of Conservation and Natural Resources is hereby authorized to promulgate such rules and regulations as shall be necessary to carry out the intent of this act.
(Acts 1990, No. 90-256, p. 319, §8.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-4/section-9-2-80/
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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 4 - Division of Marine Resources.›Section 9-2-80 - "Seafoods" Defined.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 4 - Division of Marine Resources. › Section 9-2-80 - "Seafoods" Defined.
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Section 9-2-80
"Seafoods" defined.
As used in this title, the term "seafoods" shall include and mean all oysters, saltwater fish, saltwater shrimp, diamond back terrapin, sea turtle, crabs and all other species of marine or saltwater animal life existing or living in the water within the territorial jurisdiction of the State of Alabama.
(Acts 1951, No. 476, p. 840, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-4/section-9-2-81/
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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 4 - Division of Marine Resources.›Section 9-2-81 - Created; 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 4 - Division of Marine Resources. › Section 9-2-81 - Created; Powers and Duties Generally.
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Section 9-2-81
Created; powers and duties generally.
There is hereby created within the Department of Conservation and Natural Resources a division to be known as the Division of Marine Resources. The Division of Marine Resources shall have the personnel, duties, powers, functions and properties of the Department of Conservation and Natural Resources which pertain to seafoods and such personnel, duties, powers, functions and properties as may be hereafter conferred by law.
(Acts 1951, No. 476, p. 840, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-4/section-9-2-82/
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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 4 - Division of Marine Resources.›Section 9-2-82 - Director - Appointment.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 4 - Division of Marine Resources. › Section 9-2-82 - Director - Appointment.
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Section 9-2-82
Director - Appointment.
The Division of Marine Resources shall be headed by and be under the direction, supervision and control of an officer who shall be designated "Director of the Marine Resources Division." The Director of the Marine Resources Division shall be appointed by the Commissioner of Conservation and Natural Resources with the approval of the Governor and shall be under and subject to the provisions of the state Merit System.
(Acts 1951, No. 476, p. 840, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-4/section-9-2-83/
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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 4 - Division of Marine Resources.›Section 9-2-83 - Director - Oath and Compensation; Full-Time Position.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 4 - Division of Marine Resources. › Section 9-2-83 - Director - Oath and Compensation; Full-Time Position.
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Section 9-2-83
Director - Oath and compensation; full-time position.
Before entering upon the discharge of his duties, the Director of the Marine Resources Division shall take the constitutional oath of office. His salary shall be fixed by the State Personnel Board as it may deem appropriate or as otherwise fixed by law. He shall devote his full time to his official duties and shall hold no other lucrative position while serving as said Director of the Marine Resources Division.
(Acts 1951, No. 476, p. 840, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-4/section-9-2-84/
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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 4 - Division of Marine Resources.›Section 9-2-84 - Director - Bond.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 4 - Division of Marine Resources. › Section 9-2-84 - Director - Bond.
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Section 9-2-84
Director - Bond.
Before entering upon the duties of his office, the Director of the Marine Resources Division 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 his duties.
(Acts 1943, No. 122, p. 123, §1; Acts 1961, Ex. Sess., No. 208, p. 2190, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-4/section-9-2-85/
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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 4 - Division of Marine Resources.›Section 9-2-85 - Duties of Employees of Division Generally; Seizure, etc., of Seafoods Illegally Tak...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 4 - Division of Marine Resources. › Section 9-2-85 - Duties of Employees of Division Generally; Seizure, etc., of Seafoods Illegally Taken, Etc.
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Section 9-2-85
Duties of employees of division generally; seizure, etc., of seafoods illegally taken, etc.
The employees of the Division of Marine Resources shall diligently enforce all laws and regulations of the Department of Conservation and Natural Resources now existing or which may hereafter be enacted or promulgated for the protection, propagation, preservation or conservation of the seafoods of the State of Alabama and shall prosecute all persons who violate any of such laws or regulations. Such employees shall, at any and all times, seize any and all oysters, saltwater fish or other seafoods which have been caught, taken or transported in a manner contrary to the laws or regulations based thereupon of this state. All seafood which is seized by such employees shall be held as evidence and used in the trial of the violation for which it was seized. After the trial of such violation, the seafood which has been so seized shall be disposed of by order of the court in which the case was set or tried.
(Acts 1951, No. 476, p. 840, §12.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-4/section-9-2-86/
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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 4 - Division of Marine Resources.›Section 9-2-86 - Director and Employees Constituted Peace Officers; Inspection, etc., of Factories,...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 4 - Division of Marine Resources. › Section 9-2-86 - Director and Employees Constituted Peace Officers; Inspection, etc., of Factories, Barrel Measures, Nets, Trawls, Etc.
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Section 9-2-86
Director and employees constituted peace officers; inspection, etc., of factories, barrel measures, nets, trawls, etc.
The Director of the Division of Marine Resources and other employees of said division are hereby constituted peace officers of the State of Alabama with full police power and jurisdiction to enforce all laws with reference to the seafoods of the State of Alabama and all rules and regulations promulgated by the Department of Conservation and Natural Resources, and they may exercise such powers in any county of the State of Alabama and on any waters of this state. They are hereby authorized to carry firearms or other weapons when they are actually in the discharge of their duties as such officers. They shall be clothed with the power to arrest with or without warrant any person who shall violate any of the laws of the State of Alabama or any rule or regulation of the Department of Conservation and Natural Resources with reference to the protection, preservation, propagation or conservation of its seafoods and take him before a proper court for trial. They shall visit the various factories and all places of business where seafoods are dealt in and there inspect the oysters, fish and other seafoods on hand, the "barrel measures" used at said places of business and all nets, trawls and other devices for the taking or catching of seafoods, and they shall prevent and prosecute all violations of this title and all laws on this subject hereafter enacted.
(Acts 1951, No. 476, p. 840, §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 4 - Division of Marine Resources.›Section 9-2-87 - Seafoods 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 4 - Division of Marine Resources. › Section 9-2-87 - Seafoods Fund - Created; Composition.
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Section 9-2-87
Seafoods Fund - Created; composition.
There is hereby created and there shall be a fund which shall be known as the "Seafoods Fund." This fund shall consist of:
(1) All moneys received from all occupational and privilege licenses or taxes imposed by the state on any person, firm or corporation for engaging in any business or activity relating to the taking, catching, processing or handling seafoods as defined in Section 9-2-80;
(2) All revenue derived from oyster bottom leases;
(3) All moneys paid, derived or received arising from fines, penalties or forfeitures of the seafood laws of this state or the rules and regulations based thereon;
(4) All moneys derived from the sale, leasing, dredging, excavation or removal of oyster shells from the bottoms of any bay, lagoon, estuary, bayou or saltwater area within the jurisdiction of the State of Alabama; and
(5) All moneys accruing to the Marine Resources Division of the Department of Conservation and Natural Resources from any source whatsoever.
(Acts 1951, No. 476, p. 840, §8.)
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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 4 - Division of Marine Resources.›Section 9-2-88 - Seafoods Fund - Remittance of Collections to State Treasurer to Credit of Fund.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 4 - Division of Marine Resources. › Section 9-2-88 - Seafoods Fund - Remittance of Collections to State Treasurer to Credit of Fund.
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Section 9-2-88
Seafoods Fund - Remittance of collections to State Treasurer to credit of fund.
Each officer or employee of the Department of Conservation and Natural Resources or other person charged with the duty of collecting any of the funds or moneys mentioned in Section 9-2-87 shall remit all such collections on the first day of each month directly to the Commissioner of Conservation and Natural Resources, who shall upon receipt thereof remit such collections to the Treasurer of the State of Alabama to the credit of the Seafoods Fund.
(Acts 1951, No. 476, p. 840, §9.)
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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 4 - Division of Marine Resources.›Section 9-2-89 - Seafoods Fund - Disbursement.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 4 - Division of Marine Resources. › Section 9-2-89 - Seafoods Fund - Disbursement.
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Section 9-2-89
Seafoods Fund - Disbursement.
The said Seafoods Fund hereby created shall be used and expended by the Commissioner of Conservation and Natural Resources in furtherance of the preservation, protection, propagation and development of saltwater fish, shrimp, oysters and other shellfish and crustaceans and the development of the seafoods industry and saltwater sports fishing. The appropriation provided for by Section 9-12-183 shall be paid out of said fund. The Commissioner of Conservation and Natural Resources may also make expenditures out of such fund for any additions and betterments which the Commissioner of Conservation and Natural Resources, with the approval of the Governor, deems beneficial to the area. When so expended, the same shall be paid out on the requisition of the Commissioner of Conservation and Natural Resources and charged to said fund. All necessary expenses of the Division of Marine Resources of the Department of Conservation and Natural Resources, including its pro rata portion of the administrative expenses of said Department of Conservation and Natural Resources, shall likewise be paid out of said fund on requisition of the Commissioner of Conservation and Natural Resources; provided, however, that no funds shall be withdrawn nor expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41 of this code and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill.
(Acts 1951, No. 476, p. 840, §10.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-5/section-9-2-100/
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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 5 - Division of Parks.›Section 9-2-100 - Created; Appointment of Director.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 5 - Division of Parks. › Section 9-2-100 - Created; Appointment of Director.
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Section 9-2-100
Created; appointment of director.
There shall be in the Department of Conservation and Natural Resources a Division of Parks, which shall be headed by and be under the direction, supervision and control of an officer, who shall be designated the Director of the Division of Parks. He shall be appointed by the Commissioner of Conservation and Natural Resources with the approval of the Governor.
(Acts 1939, No. 162, p. 255, § 13; Code 1940, T. 8, §173.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-5/section-9-2-101/
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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 5 - Division of Parks.›Section 9-2-101 - Oath of Director; Director Full-Time Position.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 5 - Division of Parks. › Section 9-2-101 - Oath of Director; Director Full-Time Position.
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Section 9-2-101
Oath of director; director full-time position.
Before entering upon the discharge of his duties, the Director of the Division of Parks shall take the constitutional oath of office. He shall devote his full time to his official duties and shall hold no other lucrative position while serving as Director of the Division of Parks.
(Acts 1939, No. 162, p. 255, §15; Code 1940, T. 8, §174.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-5/section-9-2-102/
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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 5 - Division of Parks.›Section 9-2-102 - Bond of Director.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 5 - Division of Parks. › Section 9-2-102 - Bond of Director.
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Section 9-2-102
Bond of director.
Before entering upon the duties of his office, the Director of the Division of Parks 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 his duties.
(Acts 1943, No. 122, p. 123, §15; Acts 1961, Ex. Sess., No. 208, p. 2190, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-5/section-9-2-103/
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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 5 - Division of Parks.›Section 9-2-103 - Powers and Duties of Director Generally; State Forests, Monuments, etc., Excepted...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 5 - Division of Parks. › Section 9-2-103 - Powers and Duties of Director Generally; State Forests, Monuments, etc., Excepted From Jurisdiction of Director.
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Section 9-2-103
Powers and duties of director generally; state forests, monuments, etc., excepted from jurisdiction of director.
(a) The objects, purposes and duties of the Director of the Division of Parks are:
(1) To make exploration, survey, studies and reports concerning state parks, monuments and historical sites in the state and to publish such thereof as will be of general interest; and
(2) To perform all functions and duties of the Department of Conservation and Natural Resources with respect to state parks, monuments and historical sites including the marking, upkeep and publicizing of historical sites heretofore or hereafter designated by the Department of Archives and History.
(b) The inclusion of specific duties of the Director of the Division of Parks in this title shall not be deemed an exclusion of or limitation upon his general duties to effectuate and accomplish the purposes generally set out in this title.
(c) There are excepted from the duties of the Director of the Division of Parks all state forests, Mound State Monument, the White House of the Confederacy and all monuments and historical sites now or hereafter located on state-owned property in the City of Montgomery, including the Alabama Memorial Building.
(Acts 1939, No. 162, p. 255, §§3, 13; Code 1940, T. 8, §175.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-5/section-9-2-104/
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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 5 - Division of Parks.›Section 9-2-104 - Powers and Duties of Director With Respect to Confederate Memorials - Generally.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 5 - Division of Parks. › Section 9-2-104 - Powers and Duties of Director With Respect to Confederate Memorials - Generally.
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Section 9-2-104
Powers and duties of director with respect to Confederate memorials - Generally.
The Director of the Division of Parks shall act for and officially represent Alabama on all subjects, inquiries and matters connected with or growing out of the part performed by troops from this state in the War Between the States which may arise in connection with the location and identification of their position or part in any battle or engagement or upon any battlefield or in connection with the appropriate determination, location, identification or marking of such part or position or in connection with the appropriate marking or monumenting of spots or occurrences made historic by their services or sacrifices, whether in the several military parks or on some other battlefield or in prisons or cemeteries or other historic spots or places. The Director of the Division of Parks, unless otherwise provided, shall have charge of the erection and shall direct the expenditure of all appropriations for the placing of monuments, memorials or markers to Alabama troops in the war as above set forth.
(Code 1923, §1734; Code 1940, T. 8, §177.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-5/section-9-2-105/
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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 5 - Division of Parks.›Section 9-2-105 - Powers and Duties of Director With Respect to Confederate Memorials - Cooperation...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 5 - Division of Parks. › Section 9-2-105 - Powers and Duties of Director With Respect to Confederate Memorials - Cooperation With Citizens' Committees, Etc.
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Section 9-2-105
Powers and duties of director with respect to Confederate memorials - Cooperation with citizens' committees, etc.
With the approval of the Governor and the Commissioner of Conservation and Natural Resources, the Director of the Division of Parks may join with any committee of citizens in erecting any monument or may supplement the amount raised by any camp of the United Confederate Veterans or camp of the United Sons of Confederate Veterans or chapter of the United Daughters of the Confederacy or any ladies' memorial association to erect a monument; provided, that not more than $25,000.00 shall be expended out of such funds as may be appropriated in any one fiscal year.
(Code 1923, §1738; Code 1940, T. 8, §178.)
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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 5 - Division of Parks.›Section 9-2-106 - State Park Fund.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 5 - Division of Parks. › Section 9-2-106 - State Park Fund.
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Section 9-2-106
State Park Fund.
There shall be a State Park Fund. All moneys received from gifts or bequests or from county, municipal or federal appropriations or moneys appropriated by the State of Alabama shall be deposited in the Treasury to the credit of said fund. The said fund hereby created shall be used and expended by the Commissioner of Conservation and Natural Resources in accordance with the terms of the gift, bequest, appropriation or donation from which said moneys are derived and, in the absence of any such terms or stipulations, shall be expended by the Commissioner of Conservation and Natural Resources in furtherance of any of the provisions of this chapter. All expenses of the Division of Parks of the Department of Conservation and Natural Resources including its pro rata portion of administrative expenses of said Department of Conservation and Natural Resources shall be payable from said fund on the requisition of the Commissioner of Conservation and Natural Resources; provided, however, that no funds shall be withdrawn nor expended for any purpose whatsoever unless the same shall have been allotted and budgeted in accordance with the provisions of Article 4 of Chapter 4 of Title 41 of this code and only in the amounts and for the purposes provided by the Legislature in the general appropriation bill.
(Acts 1939, No. 556, p. 877, §6; Code 1940, T. 8, §183; Acts 1945, No. 228, p. 351; Acts 1951, No. 831, p. 1462, §1; Acts 1967, No. 778, p. 1637, §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 5 - Division of Parks.›Section 9-2-107 - State Park Revolving Fund.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 5 - Division of Parks. › Section 9-2-107 - State Park Revolving Fund.
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Section 9-2-107
State Park Revolving Fund.
In addition to the State Park Fund established by Section 9-2-106, there is also hereby created and established a fund to be known as the State Park Revolving Fund, which fund shall be constituted from all moneys received for admissions charged or rentals, sales of goods or services and such other miscellaneous charges collected by the Department of Conservation and Natural Resources in the operation of its state parks, monuments, historical sites and other facilities. The Commissioner of Conservation and Natural Resources, with the approval of the state Department of Finance, is authorized and empowered to provide for and open an account or accounts at any state or federal bank whose deposits are insured within the State of Alabama for the purpose of providing a depository or depositories for said revolving fund. The Commissioner of Conservation and Natural Resources is further authorized and empowered to draw on or make expenditures from said revolving fund for the purchase of goods for resale, equipment purchases, payment of utilities, salaries of employees and any other normal operating costs of park facilities, including normal maintenance costs. Said revolving fund shall be subject to examination and audit as other funds of the state are examined and audited. The Commissioner of Conservation and Natural Resources, with the approval of the state Department of Finance and the Chief Examiner of Public Accounts, shall by regulation provide the procedure for making deposits and withdrawals from said revolving fund together with such other accounting procedures as may be needed, including the setting of bonds for persons empowered to handle said fund. The Commissioner of Conservation and Natural Resources, with the approval of the Governor, may at the close of any state fiscal year transfer to the State Parks Fund from said revolving fund such moneys as may be deemed excess to the purpose or purposes of the revolving fund.
(Acts 1967, No. 778, p. 1637, §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 5 - Division of Parks.›Section 9-2-108 - Disposition and Expenditure of Revenues From Sale of Timber, etc., and From Operat...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 5 - Division of Parks. › Section 9-2-108 - Disposition and Expenditure of Revenues From Sale of Timber, etc., and From Operation of Certain New Facilities Within State Park System.
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Section 9-2-108
Disposition and expenditure of revenues from sale of timber, etc., and from operation of certain new facilities within state park system.
All the revenues derived from the sale of timber and timber products from lands owned by the Division of Parks of the Department of Conservation and Natural Resources and the revenues produced from any new facility within the state park system which is opened or placed in operation during that period of time between the effective dates of the biennial general appropriation bills shall be covered into the state Treasury to the credit of the State Park Fund of the Department of Conservation and Natural Resources and shall be expended only for the Division of Parks in such manner and such amounts as may be provided by the Legislature in the general appropriation bill and pursuant to the provisions of Article 4 of Chapter 4 of Title 41 of this code.
(Acts 1953, No. 792, p. 1085, §1; Acts 1959, No. 33, p. 438, §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 6 - Division of Lands.›Section 9-2-120 - Supervision and Development of Certain State-Owned Islands.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 6 - Division of Lands. › Section 9-2-120 - Supervision and Development of Certain State-Owned Islands.
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Section 9-2-120
Supervision and development of certain state-owned islands.
(a) It shall be the duty and responsibility of the Division of Lands of the Department of Conservation and Natural Resources to protect, develop and supervise all state-owned islands now existing or which may appear in the future on the waters of this state which are not used by any department or agency of the state government. The Division of Lands is authorized and empowered to develop said islands in such manner as may be in the best interest of the state and is further empowered, with the approval of the Governor, to sell or cause to be sold timber, minerals, sand and gravel from said islands; provided, that such sales shall be only upon a competitive bid basis.
(b) On September 12, 1969, title to all islands as defined in subsection (a) of this section shall be vested in the Division of Lands of the Department of Conservation and Natural Resources, and all revenues derived therefrom shall be deposited in the State Treasury to the credit of the State Lands Fund.
(Acts 1969, No. 754, p. 1333, §§ 1, 2.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-6/section-9-2-121/
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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 6 - Division of Lands.›Section 9-2-121 - Land Resources Information Center; Survey and Compilation of Data; Agencies to Fil...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 6 - Division of Lands. › Section 9-2-121 - Land Resources Information Center; Survey and Compilation of Data; Agencies to File Legal Instruments.
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Section 9-2-121
Land Resources Information Center; survey and compilation of data; agencies to file legal instruments.
(a) There is hereby created and established within the Lands Division of the Department of Conservation and Natural Resources a State Land Resources Information Center which shall compile certain data and information as hereinafter prescribed on all state owned lands, including those lands owned by state supported educational institutions, excepting however, lands acquired for highway rights of way. Such center shall be under the supervision of the Director of the Lands Division, Department of Conservation and Natural Resources who shall compile and keep up to date the following data and information on such lands:
(1) Location - should include postal address and metes and bounds description where applicable;
(2) Size - acreage and dimensions of lot or parcel;
(3) Type of development - agricultural, commercial, governmental, institutional, educational, residential, forest lands, mineral lands;
(4) Description and general condition of improvement if any - amount of rental income if leased and name and address of lessee; and
(5) Certified copy of original deed or other record of ownership to state of property - along with notation of any changes in status or ownership.
(b) Not more than 180 days after this section becomes effective, the Lands Division Director shall have sent out to all agencies, departments, and institutions in the state, a survey to determine the data and information prescribed in subsection (a). It will be the duty of individual agencies, departments and institutions to accurately comply with this request for information by the director within 90 days of receipt of such request unless a postponement of said deadline is requested and granted.
(c) It shall be the duty of each state department or institution of the State of Alabama which holds or acquires the legal title in any lands in the State of Alabama and any department charged by law with the administration, control or management of any state department or institutional lands to file or have filed for record in the county wherein such land lies all instruments and deeds conveying title to such land out of or into the State of Alabama.
(d) Upon the filing of any instrument described in subsection (c) of this section, it shall be the duty of the judge of probate to transmit within 10 days a certified copy of the instrument, with recording data shown thereon, to the Lands Division of the Department of Conservation and Natural Resources.
(e) The judges of probate shall be paid the fees now provided for by law by the state agency or institution participating in the transaction.
(f) In order to comply with the provisions of this section and to assure accurate information for the Lands Division records, the Department of Conservation and Natural Resources shall supply such qualified merit employees as may be necessary, to research within each county the title, deed records and file reports on real property owned by the state or its agencies. All expenses associated with the provisions of this section are to be paid from the moneys appropriated to the Lands Division within the Department of Conservation and Natural Resources. The information collected by this research shall be used by the Lands Division to update and correct existing data on file.
(Acts 1986, No. 86-457, p. 834, §§ 1-7.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-6/section-9-2-122/
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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 6 - Division of Lands.›Section 9-2-122 - Deposits Into State Lands Fund Authorized; Use of Funds.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 6 - Division of Lands. › Section 9-2-122 - Deposits Into State Lands Fund Authorized; Use of Funds.
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Section 9-2-122
Deposits into State Lands Fund authorized; use of funds.
All funds and fees accruing from the management of lands by the Lands Division of the Department of Conservation and Natural Resources which are received or retained pursuant to Sections 9-15-15, 9-15-16, 9-15-39, 9-15-40, and 9-15-52, and Section 9-2-123, shall be deposited into the State Lands Fund, and shall be used only for the preservation, management, protection, and improvement of the lands.
(Acts 1993, No. 93-631, p. 1077, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-6/section-9-2-123/
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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 6 - Division of Lands.›Section 9-2-123 - Management Fee for Certain Lands.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 6 - Division of Lands. › Section 9-2-123 - Management Fee for Certain Lands.
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Section 9-2-123
Management fee for certain lands.
For all other lands managed by the Lands Division of the Department of Conservation and Natural Resources, there shall be retained by the Lands Division a management fee of 10 percent of all gross receipts.
(Acts 1993, No. 93-631, p. 1077, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-7/section-9-2-130/
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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 7 - Office of Land Agent.›Section 9-2-130 - Created; Appointment and Duties of Agent.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 7 - Office of Land Agent. › Section 9-2-130 - Created; Appointment and Duties of Agent.
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Section 9-2-130
Created; appointment and duties of agent.
Within the Department of Conservation and Natural Resources and under the Commissioner of Conservation and Natural Resources, there is hereby created the office of Land Agent, whose duties will be to compile a record of all lands owned by the State of Alabama or any department or institution of the state. The said agent shall be selected by said Commissioner of Conservation and Natural Resources as other employees of his department are selected.
(Acts 1945, No. 341, p. 554, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-8/section-9-2-150/
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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 8 - Shellfish Aquaculture.›Section 9-2-150 - Shellfish Aquaculture Review Board; Oyster Aquaculture Leasing Program.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 8 - Shellfish Aquaculture. › Section 9-2-150 - Shellfish Aquaculture Review Board; Oyster Aquaculture Leasing Program.
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Section 9-2-150
Shellfish Aquaculture Review Board; oyster aquaculture leasing program.
(a) For purposes of this section, the following words shall have the following meanings:
(1) BOARD. The Shellfish Aquaculture Review Board.
(2) DEPARTMENT. The Department of Conservation and Natural Resources.
(3) OYSTER AQUACULTURE. The cultivation and harvesting of hatchery-spawned oysters for commercial purposes.
(b) There is created the Shellfish Aquaculture Review Board, which shall be responsible for developing a shellfish aquaculture policy and implementing a sustainable program for leasing land in the coastal waters of Alabama for oyster aquaculture. For administrative purposes, the board shall be an administrative unit within the department.
(c) The board shall consist of the following members:
(1) The Commissioner of the Alabama Department of Conservation and Natural Resources or his or her designee.
(2) The Commissioner of the Alabama Department of Agriculture and Industries or his or her designee.
(3) The Director of the Alabama Department of Environmental Management or his or her designee.
(4) The Director of the Alabama Department of Public Health or his or her designee.
(5) One member appointed by the Governor representing the Alabama Cooperative Extension System with shellfish aquaculture expertise.
(6) Two members appointed by the Governor representing an association or associations organized and incorporated in the state, which substantially or fairly represent the commercial seafood fishermen and the seafood industry of the state, and whose membership is apportioned and fairly representative of the seafood interests as a whole, economically, educationally, socially, and effectively organized and experienced in the representation of all aspects of the seafood interests and in methods designed to increase or promote the increased use, consumption, marketing, and sale of seafood through the united efforts of the association.
(d) By June 24, 2013, the Commissioner of the Department of Conservation and Natural Resources shall convene a meeting of the board to elect from its members a chair, vice chair, and other officers as the commissioner deems necessary. The board shall adopt rules to govern its proceedings. A majority of the membership of the board shall constitute a quorum for all meetings. A written record shall be maintained of all meetings.
(e) Members of the board shall receive reimbursement for travel expenses incurred in the performance of their duties. Any member of the board who is not employed by a state agency or governmental entity shall be compensated at a rate of one hundred dollars ($100) per day which shall be paid by funds appropriated to the department.
(f) In carrying out its mission, the board is encouraged to act jointly and cooperatively with, and seek input from, other state and federal agencies as it deems appropriate, including, but not limited to, the Alabama Department of Economic and Community Affairs, the National Marine Fisheries Service, the United States Army Corps of Engineers Mobile District, the United States Coast Guard, and the Auburn University Marine Extension and Research Center.
(g) Within 90 days of convening and from time to time, the board shall recommend to the department rules that establish a program for the leasing of submerged land for oyster aquaculture to be administered by the department. The program shall, to the maximum extent possible, streamline the application process so that leases may be issued in an expeditious manner. This shall include coordinating with federal agencies as appropriate, tracking the progress of each application, and ensuring there is open and meaningful communication between the applicant and the department during each stage of the application process.
(h) The oyster aquaculture leasing program shall ensure that aquaculture operations do not adversely impact wild stocks of fish or impinge the oyster riparian rights of any riparian owner of land under Section 9-12-20. Leasing shall be conducted in a manner that considers potential conflicts presented by other uses of the coastal waters, including navigation, recreation, and commercial fishing.
(i) The oyster aquaculture leasing program shall prohibit the propagation of any nonnative species.
(Act 2013-351, p. 1258, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-8/section-9-2-151/
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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 8 - Shellfish Aquaculture.›Section 9-2-151 - Rules for Licensing of State Lands for Oyster Aquaculture; Fees.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 8 - Shellfish Aquaculture. › Section 9-2-151 - Rules for Licensing of State Lands for Oyster Aquaculture; Fees.
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Section 9-2-151
Rules for licensing of state lands for oyster aquaculture; fees.
The commissioner of the department shall adopt rules for the licensing of state lands for oyster aquaculture in accordance with the recommendations of the board and to implement this article. The fees for leasing land pursuant to Section 9-2-150 shall be established by the State Lands Division in a manner that encourages the economic viability of oyster aquaculture in the state.
(Act 2013-351, p. 1258, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-2/article-9/section-9-2-170/
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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 9›Section 9-2-170 - State Reservoir Management Grant Program and Fund.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 2 - Department of Conservation and Natural Resources. › Article 9 › Section 9-2-170 - State Reservoir Management Grant Program and Fund.
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Section 9-2-170
State reservoir management grant program and fund.
(a) This section shall be known and may be cited as the Alabama State Reservoir Management Development Act.
(b) For the purposes of this section, the following words have the following meanings:
(1) DEPARTMENT. The Department of Conservation and Natural Resources.
(2) LOCAL ENTITY. One or more of the following:
a. A county.
b. An incorporated municipality.
c. An unincorporated municipality.
d. A public entity of a county or municipality.
e. A local public-private partnership.
(3) LOCAL PUBLIC-PRIVATE PARTNERSHIP. Any partnership between a county, incorporated municipality, unincorporated municipality, or any other public entity of a county or municipality and a private organization.
(4) QUALIFIED LOCAL ENTITY. Local entity with an existing reservoir and reservoir debris management plan.
(5) STATE RESERVOIR. A quantity of any public spring, brook, creek, stream, river, pond, swamp, lake, reservoir, impoundment, sound, tidal estuary, bay, waterway, aquifer, or any other body or accumulation of water, surface water, or ground water, natural or artificial, that does any of the following:
a. Is contained within the borders of this state.
b. Flows through or to this state or any portion thereof.
c. Borders upon this state or any portion thereof, including those portions of the Gulf of Mexico over which this state has jurisdiction.
(c)(1) The Commissioner of the Department of Conservation and Natural Resources shall establish and administer the state reservoir management grant program for the purpose of addressing short-term and long-term projects outlined in reservoir management and reservoir debris management plans.
(2) The commissioner shall adopt rules necessary to administer the program and meet the future needs of the grant program. Initial rules to implement the program shall be adopted not later than April 1, 2022.
(d) The state reservoir management grant program shall be administered pursuant to policies developed by the department in compliance with this section. The policies shall provide for the awarding of grants to qualified local entities.
(e) There is created the State Reservoir Management Grant Fund in the State Treasury. The fund is subject to appropriations by the Legislature and gifts, grants, and other donations received by the department for the state reservoir management grant program or fund. The department may not spend appropriations for the program for purposes other than those listed in this section. Any monies appropriated to the department for reservoir management grants that are unspent at the end of a fiscal year shall be carried over for use by the program in the next fiscal year. The department is prohibited from expending more than three percent of the total amount appropriated for the program on administrative expenses in any fiscal year. Monies in the fund shall be invested by the State Treasurer for the sole benefit of the fund.
(f) Individual grants awarded by the department under this section may only be awarded for projects included in reservoir management and reservoir debris management plans. Grants may be awarded to a qualified local entity based on criteria developed by the department for projects for any of the following purposes:
(1) To control invasive aquatic species in state reservoirs.
(2) To remove debris from navigable waters within state reservoirs primarily after declared natural disasters.
(3) To install, maintain, and repair navigational aids or regulatory signs that are officially designated by the Alabama State Law Enforcement Agency.
(g) Prior to awarding a grant under this section, the qualified local entity shall obtain written concurrence from the owner or operator, or both, of the applicable state reservoir and submit it to the department. No project that receives a grant under this section shall conflict or interfere with any right or obligation of an owner or operator of such state reservoir or otherwise create any duty or liability for such owner or operator with respect to a project for which a grant is awarded.
(h) Beginning October 1, 2022, and each October 1 thereafter, applicants may submit grant applications. Applications for eligible projects shall be evaluated according to a system developed by the department. The department shall announce grant awards by February 1 of the following year. Grant applications shall be published by the department online at the time of the award announcement. Grants issued by the department shall be conditioned upon compliance with the terms of the grant, but shall not otherwise be revocable. Grant awards shall be paid within 60 days upon the department receiving written certification of the completion of the project and evidence of compliance with the terms of the grant as prescribed by the department.
(i) Any grant shall be conditioned on the completion of the project within two years of the awarding of the grant. If the grant is not completed, the applicant may not apply for additional grants within the two-year period.
(j) Each qualified state or local entity shall contribute matching funds equal to 50 percent of the total amount of the grant award. Grant funds may also be used as matching funds for any state or federal program that addresses the purposes of this section.
(k) If grant funds are returned for any reason, the funds shall be deposited in the Alabama State Reservoir Management Grant Fund and shall be available for award the next grant year.
(Act 2021-447, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-1/
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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 3 - State Forestry Commission.›Section 9-3-1 - Created; Composition; Qualifications, Appointment and Terms of Office of Members.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-1 - Created; Composition; Qualifications, Appointment and Terms of Office of Members.
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Section 9-3-1
Created; composition; qualifications, appointment and terms of office of members.
There is hereby created and established a State Forestry Commission, hereinafter referred to as commission, which commission shall be composed of seven members to be appointed by the Governor with the advice and consent of the Senate. Two members shall be appointed for a period of one year, two for a period of two years, two for a period of four years and the remaining member for a period of five years. Upon the expiration of said terms, appointments thereafter shall be for a period of five years and until their respective successors in office have been appointed and qualified. At all times at least two of such members shall be licensed and registered foresters under the laws of Alabama. At all times at least three of such members shall be owners of timberland in Alabama.
(Acts 1969, No. 764, p. 1354, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-2/
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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 3 - State Forestry Commission.›Section 9-3-2 - Officers; Meetings; Quorum; Record of Proceedings; Compensation and Expenses of Memb...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-2 - Officers; Meetings; Quorum; Record of Proceedings; Compensation and Expenses of Members.
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Section 9-3-2
Officers; meetings; quorum; record of proceedings; compensation and expenses of members.
The commission shall, upon its first meeting, which shall be called by the Governor within 60 days after appointment of the membership, elect from its membership a chairman and vice-chairman who shall serve for a period of one year. The vice-chairman shall act in the place of the chairman in his absence or disability. The commission shall meet at such times as designated by the commission or the chairman at the State Capitol or at other places as it deems necessary or convenient, but the chairman of the commission must call a meeting two times each year, one meeting in the month of January and one meeting in the month of July. The chairman of the commission may also call a special meeting at any time he deems it advisable or necessary. A quorum shall be four members present, and all matters coming before the commission shall be voted on by the commission. The commission will keep or cause to be kept a record of all transactions discussed or voted on at its meeting. Commission members shall be entitled to a salary of $25.00 per day when in attendance at a meeting or on official business of the commission, together with their expenses, as provided by Article 2 of Chapter 7 of Title 36. Such compensation and expenses shall be paid from funds of the commission.
(Acts 1969, No. 764, p. 1354, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-3/
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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 3 - State Forestry Commission.›Section 9-3-3 - Vacancies.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-3 - Vacancies.
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Section 9-3-3
Vacancies.
If any member of the commission fails to attend three successive meetings of the commission without good and valid cause or excuse or without a leave of absence from the chairman, his office shall be declared vacant by the commission, and the chairman shall notify the Governor of the vacancy, who will then fill the vacancy as provided by Section 9-3-1.
(Acts 1969, No. 764, p. 1354, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-4/
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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 3 - State Forestry Commission.›Section 9-3-4 - Powers and Duties Generally.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-4 - Powers and Duties Generally.
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Section 9-3-4
Powers and duties generally.
The functions and duties of the commission shall be as follows:
(1) To protect, conserve and increase the timber and forest resources of this state and to administer all laws relating to timber and forestry and the protection, conservation and increase of such resources;
(2) To make exploration, surveys, studies and reports concerning the timber and forest resources and to publish such thereof as will be of general interest;
(3) To maintain, supervise, operate and control all state forests;
(4) To cooperate with and enter into cooperative agreements and stipulations with the Secretary of Agriculture of the United States or any other federal officer or department, board, bureau, commission, agency or office thereunto authorized with respect to the protection of timbered and forest-producing land from fire, insects and disease, the acquisition of forest lands to be developed, administered and managed as state forests, the production, procurement and distribution of forest trees and shrub planting stock, the carrying on of an educational program in connection therewith, the assistance of the owners of farms in establishing, improving and renewing wood lots, shelter belts, windbreaks and other valuable forest growths, the growing and renewing of useful timber crops and the collection and publication of data with respect to the timber and forest resources or any other matters committed to the commission by this title;
(5) 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 timber and forest and other natural resources of Alabama;
(7) To make an annual report to the Governor concerning the activities and accomplishments of the commission 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 timber and forests and other natural resources of Alabama; and
(9) To supervise, direct and manage all activities of the Forestry Commission and its staff and employees.
(Acts 1969, No. 764, p. 1354, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-5/
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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 3 - State Forestry Commission.›Section 9-3-5 - State Forester.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-5 - State Forester.
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Section 9-3-5
State forester.
It shall be the duty of the Alabama Forestry Commission to appoint with the advice and consent of the Governor a State Forester who shall serve as the executive secretary and administrative officer for the commission. The person so appointed as the State Forester must have earned a minimum of a bachelor of science degree in forestry and must be licensed and registered under the forestry laws of Alabama with considerable experience in the forestry field. The State Forester shall receive a salary as fixed by the commission and shall serve at the pleasure of the commission and shall receive actual expenses when traveling on official business of the commission. Until otherwise provided for by the commission, the present State Forester of the Division of Forestry of the Department of Conservation and Natural Resources shall continue to serve as the State Forester under the commission. The State Forester shall devote his full time to the duties of his office. He shall be required to take the oath of office and give bond in the sum of $50,000.00.
(Acts 1969, No. 764, p. 1354, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-6/
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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 3 - State Forestry Commission.›Section 9-3-6 - Assistant State Forester.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-6 - Assistant State Forester.
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Section 9-3-6
Assistant State Forester.
The commission shall also appoint, with the advice and consent of the Governor, an Assistant State Forester, who shall hold at least a bachelor degree in forestry with considerable forestry experience. The Assistant State Forester shall serve as the chief assistant to the State Forester. The Assistant State Forester's salary shall be set by the commission, and he shall be paid his actual expenses when traveling on official business of the commission.
(Acts 1969, No. 764, p. 1354, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-7/
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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 3 - State Forestry Commission.›Section 9-3-7 - Offices.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-7 - Offices.
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Section 9-3-7
Offices.
The commission shall have its main offices in the City of Montgomery; provided, that it may establish other district or subdistrict offices throughout the state in such places as it may deem advisable or necessary.
(Acts 1969, No. 764, p. 1354, §8.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-8/
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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 3 - State Forestry Commission.›Section 9-3-8 - Members of Commission Not Eligible for Certain Employments.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-8 - Members of Commission Not Eligible for Certain Employments.
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Section 9-3-8
Members of commission not eligible for certain employments.
No member of the commission, during the tenure of his office or within two years thereafter, shall be eligible for appointment as State Forester or for any employment under the commission.
(Acts 1969, No. 764, p. 1354, §9.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-9/
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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 3 - State Forestry Commission.›Section 9-3-9 - Promulgation of Rules and Regulations.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-9 - Promulgation of Rules and Regulations.
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Section 9-3-9
Promulgation of rules and regulations.
The commission shall have the power to adopt and promulgate rules and regulations pertaining to all phases of forestry within this state, which rules and regulations when adopted shall have the force and effect of law. All rules and regulations of the Division of Forestry of the Department of Conservation and Natural Resources heretofore promulgated shall continue in effect until repealed or amended by the commission.
(Acts 1969, No. 764, p. 1354, §10.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-10/
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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 3 - State Forestry Commission.›Section 9-3-10 - Alabama Forestry Commission Fund.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-10 - Alabama Forestry Commission Fund.
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Section 9-3-10
Alabama Forestry Commission Fund.
There is hereby created a fund in the State Treasury to be known as the Alabama Forestry Commission Fund. All money derived by the commission shall be deposited to the credit of said fund.
(Acts 1969, No. 764, p. 1354, §12.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-10-1/
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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 3 - State Forestry Commission.›Section 9-3-10.1 - Emergency Forest Fire, Insect and Disease Fund; Creation; Annual Automatic Approp...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-10.1 - Emergency Forest Fire, Insect and Disease Fund; Creation; Annual Automatic Appropriation; Ceiling on Amount; Expenditures; Replenishment; Governor's Approval.
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Section 9-3-10.1
Emergency Forest Fire, Insect and Disease Fund; creation; annual automatic appropriation; ceiling on amount; expenditures; replenishment; Governor's approval.
(a) There is hereby established an Emergency Forest Fire, Insect and Disease Fund into which there is automatically appropriated two hundred fifty thousand dollars ($250,000) annually at the beginning of each state fiscal year. The state Comptroller shall transfer moneys from the General Fund to the emergency fund annually at the beginning of each state fiscal year. The emergency fund shall not exceed a total accumulated amount of two million dollars ($2,000,000). The moneys in the fund may be expended from time to time to meet emergency forest fire, insect, and disease needs as deemed necessary by the State Forester and Governor. The moneys expended from the fund for the emergency needs shall be automatically replenished and are hereby appropriated from the General Fund annually to the extent of two hundred fifty thousand dollars ($250,000) per year at the beginning of each state fiscal year until the two million dollars ($2,000,000) ceiling is reached. The state Comptroller shall make the transfer to replenish the funds within a period of one week following the commencement of each state fiscal year.
(b) The moneys appropriated herein may be expended for salaries, capital expenditures, or any other category of expenditures deemed necessary by the State Forester for emergency forest fire, insect, and disease suppression and control. All moneys appropriated under this section shall be conditional and subject to approval of the Governor.
(Acts 1979, No. 79-830, p. 1566, §§1, 2; Acts 1987, No. 87-821, §1; Act 2018-266, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-11/
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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 3 - State Forestry Commission.›Section 9-3-11 - Steering Committee to Represent Rural Community Fire Departments - Creation.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-11 - Steering Committee to Represent Rural Community Fire Departments - Creation.
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Section 9-3-11
Steering committee to represent rural community fire departments - Creation.
The State Forester is hereby authorized and required to create a steering committee to represent rural community fire departments.
(Acts 1978, No. 515, p. 569, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-12/
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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 3 - State Forestry Commission.›Section 9-3-12 - Steering Committee to Represent Rural Community Fire Departments - Membership; Appo...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-12 - Steering Committee to Represent Rural Community Fire Departments - Membership; Appointment, Qualifications and Term of Office of Members; Filling of Vacancies in Office.
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Section 9-3-12
Steering committee to represent rural community fire departments - Membership; appointment, qualifications and term of office of members; filling of vacancies in office.
Said steering committee shall be composed of 13 members; one from each of the 10 administrative districts of the Alabama Forestry Commission, one member from the Alabama Association of Volunteer Fire Departments, one member from the Alabama Association of Fire Chiefs and one member from the Alabama Firemen's Association. The President of the Alabama Association of Fire Chiefs shall appoint one member of his association to serve on the committee, the President of the Alabama Association of Volunteer Fire Departments shall appoint one member of his association to serve on the committee, and the President of the Alabama Firemen's Association shall appoint a member of his association to serve on the committee. The State Forester shall appoint the remaining committee members from each administrative district of the Alabama Forestry Commission, with each such member being a volunteer fireman. All members shall serve at the pleasure of their appointing authority. Vacancies on the committee shall be filled by the same appointing authority who appointed the vacating member.
(Acts 1978, No. 515, p. 569, §3; Acts 1984, No. 84-474, p. 1095, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-13/
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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 3 - State Forestry Commission.›Section 9-3-13 - Steering Committee to Represent Rural Community Fire Departments - Recommendations...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-13 - Steering Committee to Represent Rural Community Fire Departments - Recommendations to State Forester.
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Section 9-3-13
Steering committee to represent rural community fire departments - Recommendations to State Forester.
The steering committee shall make recommendations to the State Forester regarding how to improve the rural community fire program and how to solve immediate problems including parts exchange, training and financial assistance through federal grants.
(Acts 1978, No. 515, p. 569, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-14/
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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 3 - State Forestry Commission.›Section 9-3-14 - Steering Committee to Represent Rural Community Fire Departments - Meetings; Quorum...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-14 - Steering Committee to Represent Rural Community Fire Departments - Meetings; Quorum.
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Section 9-3-14
Steering committee to represent rural community fire departments - Meetings; quorum.
The committee shall meet semiannually, with the members of the committee setting the date. The State Forester shall have the authority to call special meetings. A majority of members shall constitute a quorum.
(Acts 1978, No. 515, p. 569, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-15/
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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 3 - State Forestry Commission.›Section 9-3-15 - Steering Committee to Represent Rural Community Fire Departments - Compensation and...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-15 - Steering Committee to Represent Rural Community Fire Departments - Compensation and Expenses of Members.
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Section 9-3-15
Steering committee to represent rural community fire departments - Compensation and expenses of members.
Members of the committee shall not be compensated for their services, but each shall be entitled to reimbursement for travel expenses in the same manner and amount that state employees are reimbursed. Such expenses shall be paid out of Forestry Commission funds.
(Acts 1978, No. 515, p. 569, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-16/
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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 3 - State Forestry Commission.›Section 9-3-16 - Advisory Committee on General Forestry Matters.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-16 - Advisory Committee on General Forestry Matters.
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Section 9-3-16
Advisory committee on general forestry matters.
The State Forester is further authorized to establish a committee and call meetings of such committee to advise him on general forestry matters in Alabama. It shall consist of not more than 15 members. Section 9-3-15 shall apply in its entirety to this committee.
(Acts 1978, No. 515, p. 569, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-17/
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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 3 - State Forestry Commission.›Section 9-3-17 - Certification as Volunteer Fire Department.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-17 - Certification as Volunteer Fire Department.
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Section 9-3-17
Certification as volunteer fire department.
(a) The term volunteer fire department shall apply to and be used to define an organized group of area residents who meet the following requirements for personnel, training, and equipment:
(1) The group shall be organized and incorporated under the laws of the State of Alabama as a nonprofit organization or as an authority of a municipality, fire district, or other legal subdivision. The group shall actively respond to fires and other emergencies and shall have a clearly defined coverage area recognized by the Alabama Forestry Commission and the county fire association where the group is located as the primary fire protection provider for the coverage area. The group shall be comprised of not less than four members and shall provide monthly emergency response reports to the commission. All persons who are members of the group shall be known as volunteer fire fighters, and shall have been qualified as such by participating in organized fire protection and suppression training programs. All fire fighters must attend regularly scheduled meetings, drill, and training classes within the department and same shall be documented and kept on file at the department location for one year.
(2) A volunteer fire department shall have no less than 80 percent unsalaried membership.
(3) Each volunteer fire department shall have as a minimum of fire fighting apparatus the following:
a. One truck capable of carrying and pumping no less than 500 gallons of water with adequate nozzle pressure to suppress wildfire, structural fire, and other fires.
b. Motorized apparatus shall be equipped with the following minimum required equipment:
1. One self-contained breathing apparatus (SCBA) unit.
2. Four hundred feet of pre-connected 1 1/2, 1 3/4, or two inch fire hose with suitable fog/stream nozzle attached.
c. In areas where a sufficient number of fire hydrants are provided, the truck shall also carry 200 feet of 2 1/2 inch fire hose together with a 2 1/2 to 1 1/2 inch wye connector for use with smaller hose and other equipment.
d. One 24 foot extension ladder and a 12 foot roof ladder.
e. Hand tools - spanner wrenches, one pick-head axe, one flat-head axe, pike pole, forcible entry tool, two portable hand lights, a first aid kit, one 2.5 gallon pressure water extinguisher, and one ABC dry chemical fire extinguisher with a minimum size of 80B:C.
(4) A volunteer fire department must set up and maintain an alerting system which will be capable of alerting the greatest number of fire fighters in the shortest possible time.
(5) A volunteer fire department shall have one two-way radio assigned to the apparatus.
(6) Housing for motorized equipment shall be provided at the department location, which shall be owned, leased, or otherwise under the lawful control of the department and shall be of such type and size as to provide virtually freezeproof conditions for vehicles. A training room should also be provided at the earliest possible time.
(b) All of the aforementioned items shall consummately define a volunteer fire department, for purposes of legal recognition as long as the volunteer fire department remains certified by the Alabama Forestry Commission.
(c) The Alabama Forestry Commission may assist any fire department needing additional equipment to meet the standards for certification.
(d) The Alabama Forestry Commission shall be the state agency delegated as certifying authority under this section and shall certify all departments which meet minimum requirements for certification and actively respond to emergencies. The commission may decertify any department that does not continue to meet minimum requirements for certification and actively respond to emergencies.
(e) The commission may adopt rules necessary to establish a procedure for certification and decertification of volunteer fire departments as provided in subsection (d).
(f) The commission shall publish on its website a list of all currently certified volunteer fire departments. Changes to the list shall be published no later than five business days following certification or decertification of a volunteer fire department.
(g) The provisions of this section shall supersede and take precedence over any local law or municipal ordinance in conflict herewith. This section shall not be construed to alter or diminish the jurisdiction of the Alabama Firefighters' Personnel Standards and Education Commission to establish minimum standards for firefighters, as is provided in Section 36-32-7. All other laws or parts of laws in conflict herewith are hereby repealed.
(Acts 1980, No. 80-393, p. 549, §§1-8; Act 2016-351, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-18/
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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 3 - State Forestry Commission.›Section 9-3-18 - Public Governmental Entities, Political Subdivisions, etc., Authorized to Make Dona...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-18 - Public Governmental Entities, Political Subdivisions, etc., Authorized to Make Donations to Organizations Deemed Public in Nature.
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Section 9-3-18
Public governmental entities, political subdivisions, etc., authorized to make donations to organizations deemed public in nature.
(a) It is the intent of the Legislature that this section provides assistance to organized volunteer fire departments and organized search, air, and rescue squads including South Alabama Air Rescue, Incorporated, and other nonprofit organizations which provide search, air, or rescue services to the public. The Legislature deems these organizations public in nature, as they protect the health, safety, and welfare of the public.
(b) The state and any department, office, or agency of the state, and any county, any municipality, any fire, water, sewer, garbage, or school district, or any other public governmental entity or political subdivision may donate money, property, equipment, or other thing of value to those organizations deemed public in nature as specified in subsection (a). Unless the donating agency or entity specifies otherwise at the time of donation, the organization receiving the donation may dispose of any property received under this section pursuant to Article 6, Sections 41-16-120 to 41-16-125, inclusive, of Chapter 16, Title 41.
(Acts 1981, No. 81-555, p. 935, §§1, 2; Acts 1996, No. 96-612, p. 965, §1; Act 2012-555, p. 1635, §1; Act 2013-413, p. 1567, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-19/
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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 3 - State Forestry Commission.›Section 9-3-19 - Donation of Fire Control Property.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-19 - Donation of Fire Control Property.
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Section 9-3-19
Donation of fire control property.
(a) As used in this section, the term "fire control or fire rescue equipment" includes, but is not limited to, a motor vehicle, fire fighting tools, protective gear, breathing equipment, and other vehicles, supplies, and tools used in fire fighting or fire rescue.
(b) Any person, corporation, partnership, association, or governmental entity may donate or give away used or obsolete fire control or fire rescue equipment to the Alabama Forestry Commission for its use or for distribution to certified volunteer fire departments. Any person, corporation, partnership, association, or governmental entity that donates fire control or fire rescue equipment shall not be liable for civil damages for personal injury, property damage, or death resulting from a defect in the equipment, if the property was donated in good faith and the defect was unknown to the person making the donation. The Alabama Forestry Commission and its commissioners and other officers and employees shall not be liable for civil damages for personal injury, property damage, or death resulting from a defect in equipment sold, loaned, donated, or otherwise made available in good faith by the commission to certified volunteer fire departments pursuant to this section. A breathing apparatus that is donated to the commission shall be recertified to the manufacturer's specifications by a technician certified by the manufacturer before it is made available to a volunteer fire department. Any cost incurred by the commission in recertifying a breathing apparatus shall be reimbursed to the commission by the volunteer fire department which received the breathing apparatus.
(Act 98-291, p. 477, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-3/section-9-3-20/
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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 3 - State Forestry Commission.›Section 9-3-20 - Exemption of Timber Lands From Local Fire District Service Charges and Fees; Jurisd...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 3 - State Forestry Commission. › Section 9-3-20 - Exemption of Timber Lands From Local Fire District Service Charges and Fees; Jurisdiction of Alabama Forestry Commission.
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Section 9-3-20
Exemption of timber lands from local fire district service charges and fees; jurisdiction of Alabama Forestry Commission.
(a) A local fire district may not assess any type of fees or dues upon forest land that is treated as timber land for ad valorem tax purposes.
(b) The authority and responsibility for the control and coordination of fire prevention, fire protection, and fire fighting services on land treated as timber land for ad valorem tax purposes shall be under the jurisdiction of the Alabama Forestry Commission.
(c) Nothing in this section shall preclude a forest land owner from voluntarily entering into an agreement with a local fire district to provide fire protection services for a negotiated fee.
(d) Nothing in this section shall invalidate a negotiated dues structure implemented by resolution by a fire district prior to June 10, 2019.
(Act 2019-466, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-1/
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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 4 - Geological Survey.›Section 9-4-1 - State Geologist - Qualifications, Appointment and Term of Office; Vacancies.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-1 - State Geologist - Qualifications, Appointment and Term of Office; Vacancies.
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Section 9-4-1
State Geologist - Qualifications, appointment and term of office; vacancies.
There shall be a State Geologist. In the event of a vacancy in the office of State Geologist from any cause, the most competent geologist available, either from the staff of the Geological Survey of Alabama or elsewhere, to be designated by the President of the University of Alabama with the approval of the Governor, shall be the State Geologist, whose term of office shall be at the will of the appointing powers. Whenever a vacancy shall subsequently occur, said vacancy shall be filled in a like manner, and the tenure of office shall be determined as aforesaid.
(Code 1896, §2241; Code 1907, §689; Acts 1923, No. 512, p. 683; Code 1923, §1033; Acts 1927, No. 386, p. 456; Code 1940, T. 55, §245.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-2/
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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 4 - Geological Survey.›Section 9-4-2 - State Geologist - Duties Generally.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-2 - State Geologist - Duties Generally.
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Section 9-4-2
State Geologist - Duties generally.
(a) It shall be the duty of the State Geologist to devote his entire time to the administrative duties of his office and to making explorations and examinations of the mineral, agricultural, biological and other natural resources of the state so as to determine accurately the quality and character of its soils and their adaptation to agricultural purposes and especially to the occurrence and quality of phosphates, marls, gypsum and other natural fertilizers, its mineral resources and their locations, character and capacity for development, its water powers and their capacity, its forest trees and their utilities and distribution and its other plant and animal forms useful or noxious; and it shall be the duty of him and his assistants, whenever they discover any deposits of ores or other resources of value, to notify immediately the owners of the land on which such deposits occur, but no individual or firm or corporation shall have the right to call upon or require the State Geologist to enter upon any special survey for his or its individual benefit. The survey is to proceed upon a settled plan for the benefit of the public and prospectors and investors in general.
(b) He shall also make to the Legislature at each of its regular sessions a report of the progress of his explorations and examinations together with such analyses of soils or of minerals, mineral waters, etc., with maps and charts as may be needed for illustrations, which report shall be printed and shall be the exclusive property of the state.
(c) He shall also make collections of specimens illustrative of the geological, agricultural and other natural resources of the state which, after they shall have served the immediate purposes of the survey, shall be placed in the museum of the survey in Smith Hall at the University of Alabama as a permanent exhibit, except that duplicates of these specimens and excess material may be distributed by the State Geologist to educational institutions of the state which may request them and have use for them.
(d) He shall also from time to time prepare or cause to be prepared monographs, special reports or bulletins of the geology and varied resources of the state which shall be printed and published under the provisions of Article 5, Chapter 4 of Title 41.
(Code 1896, §2242; Code 1907, §690; Acts 1923, No. 512, p. 683; Code 1923, §1034; Acts 1927, No. 386, p. 456; Code 1940, T. 55, §246.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-4/
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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 4 - Geological Survey.›Section 9-4-4 - State Geologist and Assistant State Geologist May Teach at University of Alabama.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-4 - State Geologist and Assistant State Geologist May Teach at University of Alabama.
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Section 9-4-4
State Geologist and Assistant State Geologist may teach at University of Alabama.
The State Geologist and the Assistant State Geologist of the State Geological Survey of Alabama during their course of employment as such officials and under the conditions hereinafter set forth in Sections 9-4-4 through 9-4-7 shall be permitted to teach graduate or undergraduate courses at the University of Alabama which are connected with or related to the study of geology or affiliated or associated subjects.
(Acts 1961, No. 717, p. 1024, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-3/
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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 4 - Geological Survey.›Section 9-4-3 - State Geologist - Appointment of Assistants.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-3 - State Geologist - Appointment of Assistants.
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Section 9-4-3
State Geologist - Appointment of assistants.
Subject to the provisions of the Merit System, the State Geologist may appoint, with the approval of the Governor, such assistants, including a competent chemist, for such periods and with such compensation as he may deem necessary to the best interests of the survey; provided, that said assistants shall devote their entire time to the work of the survey, and no part of the funds available to the survey shall be expended for the salary or compensation in whole or in part of any member of the teaching staff or other employee of the University of Alabama, provided that not more than one of the present employees doing joint service may be retained, the object of this provision being to secure the services of full-time employees and to preclude the payment of salaries or other compensation of teachers or other employees of the university, thereby guaranteeing an entire separation of the work of the survey from that of the university.
(Code 1896, §2243; Code 1907, §691; Acts 1923, No. 512, p. 683; Code 1923, §1035; Acts 1927, No. 386, p. 456; Code 1940, T. 55, §247.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-5/
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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 4 - Geological Survey.›Section 9-4-5 - Limitations Upon Teaching by State Geologist and Assistant State Geologist.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-5 - Limitations Upon Teaching by State Geologist and Assistant State Geologist.
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Section 9-4-5
Limitations upon teaching by State Geologist and Assistant State Geologist.
The teaching of courses connected with or related to the study of geology or affiliated or associated subjects by the State Geologist or Assistant State Geologist shall be permitted only during such time as will not unduly interfere with their employment with the State Geological Survey of Alabama or with the State Oil and Gas Board and such teaching shall be limited to courses which require not more than an aggregate of six hours of resident classroom teaching per week. Such teaching shall be permitted during regular scholastic terms, summer school courses or classes for special students as provided by the curricula of the University of Alabama.
(Acts 1961, No. 717, p. 1024, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-6/
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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 4 - Geological Survey.›Section 9-4-6 - Compensation for Teaching.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-6 - Compensation for Teaching.
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Section 9-4-6
Compensation for teaching.
The State Geologist and the Assistant State Geologist shall receive as compensation for teaching classes under the conditions provided for in Sections 9-4-4 through 9-4-7, in addition to the compensation which they receive for acting in their official capacities as State Geologist and Assistant State Geologist of the State Geological Survey of Alabama, an amount set by the President of the University of Alabama. This amount of compensation shall be consistent with the salary schedule of the University of Alabama for payment of similar services by regular professors or teachers whose services are engaged by the University of Alabama to teach courses of study therein. The compensation for such teaching services shall be paid out of such funds of the University of Alabama which are provided for payment to the teachers of classes at the University of Alabama. The payments for such teaching services shall be made at the same time and in the same manner and under the same conditions as other professors and teachers of the University of Alabama are paid for the same or similar services.
(Acts 1961, No. 717, p. 1024, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-7/
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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 4 - Geological Survey.›Section 9-4-7 - State Geologist and Assistant State Geologist Not to Participate in Teachers' Retire...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-7 - State Geologist and Assistant State Geologist Not to Participate in Teachers' Retirement System.
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Section 9-4-7
State Geologist and Assistant State Geologist not to participate in Teachers' Retirement System.
The act of teaching by the State Geologist or the Assistant State Geologist as specified and permitted under the terms of Sections 9-4-4 through 9-4-7 shall not entitle either of such officials to participate as members of the Teachers' Retirement System of Alabama or to enjoy the privileges or benefits of such membership, nor shall the act of teaching by such officials be deemed to alter or enhance in any way their status as such officials except as may be expressly set forth in such sections.
(Acts 1961, No. 717, p. 1024, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-8/
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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 4 - Geological Survey.›Section 9-4-8 - Expenditures From Annual Appropriation.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-8 - Expenditures From Annual Appropriation.
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Section 9-4-8
Expenditures from annual appropriation.
The annual appropriation shall be devoted, so far as may be necessary to execute the purposes of this chapter, to the discharge of the expenses of the survey, including the compensation of all temporary and permanent assistants, traveling expenses of the geologist and geological corps, in and out of the state, purchase of apparatus and materials for making chemical analysis, other expenditures for outfit, expenses incurred in providing for the transportation, arrangement and proper exhibition of the geological and other collections made on the authority of this chapter and the engraving of maps and sections, etc., to illustrate the quadrennial reports of progress; provided, however, that no payment shall be made by the survey to the university on account of rent or permanent improvements, nor shall the university make use of the survey's apparatus and materials for making chemical analysis nor share in expenditures for outfit referred to herein.
(Code 1896, §2246; Code 1907, §694; Acts 1923, No. 512, p. 683; Code 1923, §1038; Acts 1927, No. 386, p. 456; Code 1940, T. 55, §250.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-9/
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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 4 - Geological Survey.›Section 9-4-9 - Disbursements.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-9 - Disbursements.
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Section 9-4-9
Disbursements.
Upon the requisition of the State Geologist, when approved by the Governor, the Comptroller shall draw his warrant on the Treasurer for the amount appropriated in such sums as may be needed from time to time for the purposes provided for in this chapter. For all expenditures made under the provisions of this chapter, except for the salary of the State Geologist, the approval of the Governor must be obtained and the vouchers of the State Geologist for all such expenditures must be filed quarterly with the Comptroller, and a statement of his receipts and expenditures shall accompany each quadrennial report of the State Geologist.
(Code 1896, §2244; Code 1907, §692; Acts 1923, No. 512, p. 683; Code 1923, §1036; Acts 1927, No. 386, p. 456; Code 1940, T. 55, §248.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-10/
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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 4 - Geological Survey.›Section 9-4-10 - Bulletins or Reports of State Geologist.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-10 - Bulletins or Reports of State Geologist.
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Section 9-4-10
Bulletins or reports of State Geologist.
Whenever the State Geologist has in hand, ready for publication, material for a bulletin or any other report of his surveys and investigations of the mineral, agricultural or other natural resources of the state, he shall report the same to the Governor, and a committee consisting of the Governor, Secretary of State and State Geologist shall then determine the number of such bulletin or report which shall be printed and published.
(Code 1907, §695; Acts 1923, No. 512, p. 683; Code 1923, §1039; Acts 1927, No. 386, p. 456; Code 1940, T. 55, §251.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-11/
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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 4 - Geological Survey.›Section 9-4-11 - Execution of Topographic Survey of State; Establishment of Permanent Bench Marks Al...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-11 - Execution of Topographic Survey of State; Establishment of Permanent Bench Marks Along Highways, Etc.
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Section 9-4-11
Execution of topographic survey of state; establishment of permanent bench marks along highways, etc.
The State Geologist is hereby empowered and directed to cooperate with the United States Geological Survey in the execution of the topographic surveys of the State of Alabama in a manner sufficiently elaborate to prepare maps on scales which may be agreed upon for different localities exhibiting the land and water features, relief, roads, buildings and all civil boundary lines as marked on the ground at the time field surveys are executed and to establish permanent bench marks along highways and other routes of travel marked with elevations based on mean sea level.
(Acts 1911, No. 367, p. 407, §1; Acts 1923, No. 511, p. 682, §1; Code 1923, §1042; Code 1940, T. 55, §252.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-12/
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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 4 - Geological Survey.›Section 9-4-12 - Agreements as to Payment of Expenses of Field Surveys, Etc.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-12 - Agreements as to Payment of Expenses of Field Surveys, Etc.
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Section 9-4-12
Agreements as to payment of expenses of field surveys, etc.
Subject to approval of the Director of Finance, the State Geologist is authorized to enter into an agreement with the Director of the United States Geological Survey whereby the expense of executing the field surveys and the preparation of the resulting maps for publication shall be borne by the State of Alabama and by the federal government in such proportion as is equitable to both governments.
(Acts 1923, No. 511, p. 682, § 2; Code 1923, §1043; Code 1940, T. 55, §253.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-13/
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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 4 - Geological Survey.›Section 9-4-13 - Right of Entry on Lands for Preparation of Surveys, Etc.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-13 - Right of Entry on Lands for Preparation of Surveys, Etc.
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Section 9-4-13
Right of entry on lands for preparation of surveys, etc.
In order to carry out the provisions of Sections 9-4-11 and 9-4-12, it shall be lawful for any person or persons employed under this chapter to enter and cross all lands in the state, provided that in so doing no damage is done to private property.
(Acts 1911, No. 367, p. 407, §2; Acts 1923, No. 511, p. 682, §3; Code 1923, §1044; Code 1940, T. 55, §254.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-14/
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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 4 - Geological Survey.›Section 9-4-14 - Survey and Oil and Gas Board May Retain Faculty Members and Students for Research,...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-14 - Survey and Oil and Gas Board May Retain Faculty Members and Students for Research, Etc.
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Section 9-4-14
Survey and Oil and Gas Board may retain faculty members and students for research, etc.
The State Geological Survey of Alabama and the State Oil and Gas Board may retain the services of faculty members or students of any institution of higher learning within the State of Alabama for the purposes of carrying on or supervising research and to conduct experimental matters and to do other related work in the field of geology and in the exploration, production and promotion of oil and gas in the State of Alabama. The services and compensation of such persons so retained or hired shall be in accordance with the conditions set forth in Sections 9-4-14 through 9-4-19.
(Acts 1961, No. 717, p. 1024, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-15/
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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 4 - Geological Survey.›Section 9-4-15 - Contracts Between Survey or Board and Faculty Members or Students - Required; Appro...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-15 - Contracts Between Survey or Board and Faculty Members or Students - Required; Approval.
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Section 9-4-15
Contracts between survey or board and faculty members or students - Required; approval.
In order to secure the services of any person who is qualified under the terms of Sections 9-4-14 through 9-4-19 to do research or experimental or promotional work for the Geological Survey of Alabama or the State Oil and Gas Board, such persons so retained or hired shall be required to enter into an agreement in writing with said survey or board, which agreement, before it becomes binding upon either party, shall be first approved in writing by the State Personnel Department. In the event the services of a faculty member are secured, the contract, as specified in this section, before it becomes binding shall first be approved in writing by the president of the institution in which such faculty member is associated in his official capacity as a faculty member; and, in the event the services of a student are secured, the contract, as specified in this section, before it becomes binding shall first be approved in writing by the dean of the school to which such student is attached in his official capacity as such student. The approval by the president of the institution as in the case of a faculty member or the approval by the dean as in the case of a student shall be in addition to the approval required in this section by the State Personnel Department.
(Acts 1961, No. 717, p. 1024, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-16/
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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 4 - Geological Survey.›Section 9-4-16 - Contracts Between Survey or Board and Faculty Members or Students - Contents.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-16 - Contracts Between Survey or Board and Faculty Members or Students - Contents.
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Section 9-4-16
Contracts between survey or board and faculty members or students - Contents.
The written agreement between the person whose services are secured and the agency to which such services are to be applied as provided for in Sections 9-4-14 through 9-4-19 shall contain the terms, conditions and specifications of the duties and requirements of work which said person shall render to said agency.
(Acts 1961, No. 717, p. 1024, §10.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-17/
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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 4 - Geological Survey.›Section 9-4-17 - Retention of Faculty Members or Students Not to Interfere With Ordinary Duties.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-17 - Retention of Faculty Members or Students Not to Interfere With Ordinary Duties.
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Section 9-4-17
Retention of faculty members or students not to interfere with ordinary duties.
No person shall be retained under the terms of Sections 9-4-14 through 9-4-19 at a time or for such duration which will unduly interfere with the ordinary duties of such faculty member or such student in the ordinary capacities in which he is engaged as such faculty member or student.
(Acts 1961, No. 717, p. 1024, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-18/
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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 4 - Geological Survey.›Section 9-4-18 - Persons Retained Not Subject to Merit System Act.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-18 - Persons Retained Not Subject to Merit System Act.
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Section 9-4-18
Persons retained not subject to Merit System Act.
By the execution of a service contract as specified in Sections 9-4-14 through 9-4-19, the person whose services are hired or retained shall not be subject to the provisions of the state Merit System Act but shall be in the capacity of an independent contractor, and each contract written for such service shall contain provisions specifying this fact.
(Acts 1961, No. 717, p. 1024, §8.)
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https://law.justia.com/codes/alabama/title-9/chapter-4/section-9-4-19/
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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 4 - Geological Survey.›Section 9-4-19 - Compensation of Persons Retained.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 4 - Geological Survey. › Section 9-4-19 - Compensation of Persons Retained.
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Section 9-4-19
Compensation of persons retained.
The amount of compensation which persons whose services are retained to do research, experimental, promotional and related work for the Geological Survey of Alabama and the State Oil and Gas Board shall be specified in the written agreement provided for and required by the terms of Sections 9-4-14 through 9-4-19. Such compensation shall be paid from the State Geological Survey funds or the state oil and gas funds depending upon which agency enters into the said service contract. The compensation for such services shall be paid at such times and in the same manner as regular state employees are paid for their employment to such agencies.
(Acts 1961, No. 717, p. 1024, §9.)
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https://law.justia.com/codes/alabama/title-9/chapter-5/section-9-5-1/
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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 5 - Minerals Resource Management Committee.›Section 9-5-1 - Created; Composition; Chairman.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 5 - Minerals Resource Management Committee. › Section 9-5-1 - Created; Composition; Chairman.
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Section 9-5-1
Created; composition; chairman.
(a) There is hereby created the Minerals Resource Management Committee which shall consist of three members serving ex officio as follows:
The State Geologist, the Commissioner of Conservation and Natural Resources and the Director of Finance.
(b) The chairmanship of the committee shall rotate annually, each member serving in such capacity every third year beginning with the Commissioner of Conservation and Natural Resources, followed by the Director of Finance and the State Geologist.
(Acts 1973, No. 1291, p. 2203, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-5/section-9-5-2/
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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 5 - Minerals Resource Management Committee.›Section 9-5-2 - Meetings; Compensation of Members.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 5 - Minerals Resource Management Committee. › Section 9-5-2 - Meetings; Compensation of Members.
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Section 9-5-2
Meetings; compensation of members.
The Minerals Resource Management Committee shall meet once a month in Montgomery, Alabama and at such other times and in such other places as a majority of the committee shall designate. The members of the Minerals Resource Management Committee shall serve without compensation but shall receive their actual expenses while attending their meetings or while performing the official duties of the committee.
(Acts 1973, No. 1291, p. 2203, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-5/section-9-5-3/
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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 5 - Minerals Resource Management Committee.›Section 9-5-3 - Powers and Duties Generally; Public Hearings; Implementation of Recommendations.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 5 - Minerals Resource Management Committee. › Section 9-5-3 - Powers and Duties Generally; Public Hearings; Implementation of Recommendations.
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Section 9-5-3
Powers and duties generally; public hearings; implementation of recommendations.
The major function of the Minerals Resource Management Committee is to maximize the income realized by the state from oil, gas and other mineral resources owned by the state. In order to fulfill this function, the Minerals Resource Management Committee is hereby empowered and authorized to coordinate the activities of all state departments and agencies, but particularly the Department of Conservation and Natural Resources and the State Oil and Gas Board relating to the development of the mineral resources owned by the state. All such state departments and agencies shall cooperate fully with the committee in providing information requested by the committee. The Minerals Resource Management Committee shall, from time to time, hold public hearings when the chairman deems it in the public interest to do so. All recommendations made by the Minerals Resource Management Committee and approved by the Governor shall be implemented within the period of time prescribed by such recommendations as long as they are consistent with existing laws and statutes of the state.
(Acts 1973, No. 1291, p. 2203, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-1/
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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 6 - Environmental Improvement Authorities.›Section 9-6-1 - Short Title.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-1 - Short Title.
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Section 9-6-1
Short title.
This chapter shall be known and cited as the "Environmental Improvement Authorities Act of 1969."
(Acts 1969, No. 1117, p. 2060, §18.)
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https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-2/
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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 6 - Environmental Improvement Authorities.›Section 9-6-2 - Definitions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-2 - Definitions.
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Section 9-6-2
Definitions.
The following words and phrases used in this chapter and others evidently intended as the equivalent thereof shall, in the absence of clear implication in this chapter otherwise, be given the following respective interpretations:
(1) APPLICANT. A natural person who files a written application with the Governor in accordance with the provisions of Section 9-6-4.
(2) AREA OF OPERATION. The area specified in the certificate of incorporation of the authority, within which the authority is empowered to carry on its business and activities under this chapter.
(3) AUTHORITY. A public corporation organized pursuant to the provisions of this chapter.
(4) BOARD. The board of directors of an authority.
(5) BONDS. Such term shall include bonds, notes, debentures and certificates representing an obligation to pay money.
(6) COUNTY. Any county in this state or in contiguous states.
(7) DIRECTOR. A member of the board of directors of an authority.
(8) INCORPORATORS. The persons who form a public corporation pursuant to the provisions of this chapter.
(9) MUNICIPALITY. Any city or town which is incorporated.
(10) PERSON. Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation, a municipality, a county or an agency, department or instrumentality of a state or of a county or municipality.
(11) PROPERTY. Such term shall include real, personal and mixed property and interests therein.
(Acts 1969, No. 1117, p. 2060, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-3/
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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 6 - Environmental Improvement Authorities.›Section 9-6-3 - Purposes of Authorities.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-3 - Purposes of Authorities.
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Section 9-6-3
Purposes of authorities.
Public corporations may be formed under the provisions of this chapter for any one or more or all of the following purposes:
(1) To undertake and to make or cause to be made engineering, technical, financial, legal and other appropriate studies and surveys with respect to water, air or general environmental pollution problems and hazards within the area of operation;
(2) To construct, acquire, own and operate, singly or in conjunction with others, lease, sell and otherwise dispose of equipment, facilities and systems for the control, abatement or prevention of water, air or general environmental pollution; and
(3) To cooperate with and lend financial assistance and other aid to municipalities, communities, counties, industries and public and private corporations within and outside of the area of operation and within or outside of the boundaries of the State of Alabama in any matters and undertakings having to do with or the end purpose of which is the control, abatement or prevention of water, air or general environmental pollution.
(Acts 1969, No. 1117, p. 2060, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-4/
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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 6 - Environmental Improvement Authorities.›Section 9-6-4 - Application for Authority to Incorporate; Review of Application and Issuance of Exec...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-4 - Application for Authority to Incorporate; Review of Application and Issuance of Executive Order by Governor.
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Section 9-6-4
Application for authority to incorporate; review of application and issuance of executive order by Governor.
(a) In order to form a public corporation under the provisions of this chapter, any number of natural persons, not less than three, shall first file a written application with the Governor. Such application shall:
(1) Contain a statement that such public corporation proposes to undertake and carry out one or more or all of the purposes defined in Section 9-6-3 with respect to public corporations formed under this chapter;
(2) Contain a description by county name or otherwise of the geographical area of operation in which the public corporation proposes to carry on its activities;
(3) State that conditions of water, air or general environmental pollution or any one or more of such conditions in excess of normal acceptable tolerance as established or determined by appropriate regulatory body or bodies exist within the area of operation, and that no public corporation created under the provisions of this chapter is authorized to carry on activities in any part of the area of operation;
(4) State that the proposed activities of the public corporation within the area of operation will promote the public health, convenience and welfare;
(5) State that each of the applicants is a person of good moral character and is a duly qualified elector of the State of Alabama; and
(6) Request that the Governor issue an executive order declaring that he has reviewed the contents of the application and has found the statements of fact contained therein to be true and authorizing the persons filing the application to proceed to form such public corporation.
The area of operation described in any such application may be comprised of a county or part or parts thereof or of any number of counties or parts of counties in this state; and, if several counties or parts of several counties are included within the area of operation described, the boundaries of such counties need not be contiguous. Every such application shall be accompanied by such supporting documents or evidence as the applicants may deem appropriate.
(b) As promptly as is practicable after the application is filed as provided in this section, the Governor shall review the contents of the application and shall find and determine whether the statements of fact contained in the application are true. If he finds and determines that any of the statements of fact contained in the application are not true, the Governor shall forthwith issue an executive order denying the application; but, if he finds and determines that the statements of fact contained in the application are true, the Governor shall forthwith issue an executive order declaring that he has reviewed the contents of the application and has found and determined that the statements of fact contained in the application are true, declaring that the proposed activities of such public corporation in the area of operation described will promote the public health, convenience and welfare and that, for such reason, it is wise, expedient and necessary that such public corporation be formed and authorizing the persons filing the application to proceed to form such public corporation.
In finding and determining whether the statements of fact contained in the application are true, the Governor may, without investigation or further consideration, assume that the statements made pursuant to subdivisions (1) and (2) of subsection (a) of this section are true and, upon such assumption, so find and determine. It shall be sufficient to establish the truth of the statement made pursuant to subdivision (3) of subsection (a) of this section if there accompanies the application a statement by any one of the state health officers, the Commissioner of Conservation and Natural Resources or the head of any agency created by the Legislature of this state to regulate air pollution to the effect that conditions of water, air or general environmental pollution or any one or more of such conditions in excess of normal acceptable tolerance exist within the area of operation set forth in the application; provided, however, that such means of establishing the truth of said statement are not to be taken as being exclusive. If the statement of fact made pursuant to subdivision (3) of subsection (a) of this section is found and determined to be true, then the Governor may without investigation or further consideration assume that the statement of fact made pursuant to subdivision (4) of subsection (a) of this section is true and, upon such assumption, so find and determine.
(Acts 1969, No. 1117, p. 2060, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-5/
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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 6 - Environmental Improvement Authorities.›Section 9-6-5 - Procedure for Incorporation.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-5 - Procedure for Incorporation.
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Section 9-6-5
Procedure for incorporation.
(a) Within 40 days from and after the date of issuance by the Governor of his executive order authorizing the applicants to proceed to form a public corporation, as provided in Section 9-6-4, the applicants or not less than three of the applicants shall proceed to incorporate a public corporation by filing of record in the office of the Secretary of State a certificate of incorporation which shall comply in form and substance with the requirements of this section and be executed in the manner provided in this section.
(b) The certificate of incorporation of the authority shall state:
(1) The names of the persons incorporating the authority, together with their post office addresses and a statement that each of them is a qualified elector of the State of Alabama;
(2) The name of the authority (which shall include the words "environmental improvement authority");
(3) The location of the principal office of the authority, which shall be within the area of operation;
(4) A description, by county name or otherwise, of the area of operation;
(5) The objects for which the authority is incorporated;
(6) The period for the duration of the authority (which may be perpetual if so stated); and
(7) Any other matters relating to the authority not contrary to law which the incorporators choose to insert.
(c) The certificate of incorporation shall be signed by each of the incorporators and shall be acknowledged before an officer authorized by the laws of this state to take acknowledgments to deeds. When the certificate of incorporation is filed for record there shall be attached to it a certified copy of the executive order authorizing the incorporation of the authority. When the certificate of incorporation is filed in his office, the Secretary of State shall forthwith receive and record the same, and thereupon the authority shall be in existence under the name stated in the certificate of incorporation and shall constitute and be a public corporation and a political subdivision and instrumentality of the State of Alabama. Within 10 days following the date the certificate of incorporation is filed in the office of the Secretary of State, the incorporators shall notify the Governor in writing that the authority has been formed.
(Acts 1969, No. 1117, p. 2060, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-6/
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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 6 - Environmental Improvement Authorities.›Section 9-6-6 - Board of Directors.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-6 - Board of Directors.
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Section 9-6-6
Board of directors.
Each public corporation formed under this chapter shall be governed by a board of directors. All powers of the corporation shall be exercised by the board or pursuant to its authorization. The initial board shall consist of three directors appointed by the Governor from among the persons who filed the application to incorporate. The Governor shall appoint the directors as soon as may be practicable after he is notified, as required in Section 9-6-5, that the public corporation has been formed. The terms of the directors shall be staggered, the first term of one director being for three years from and after the date of his appointment, the first term of another director being for six years from and after the date of his appointment and the first term of the remaining director being for nine years from and after the date of his appointment; thereafter the term of office of each director shall be for nine years. Vacancies on the board shall be filled by appointment by the Governor. Appointments to fill vacancies which occur during a regular term shall be for the unexpired term. Each director appointed by the Governor shall be a person of good moral character, and he shall be a qualified elector of this state. Directors shall be eligible for reappointment. If the certificate of incorporation shall so provide, each director may be reimbursed by the authority for actual expenses incurred by him in and about the performance of his duties; and, in addition thereto, each director may be further compensated by the authority in an amount not to exceed $1,200.00 per year, as shall be determined by the board of directors. Any director of the authority may be impeached and removed from office in the same manner and on the same grounds provided by Section 175 of the Constitution of Alabama and the general laws of the state for impeachment and removal from office of the officers mentioned in said Section 175.
(Acts 1969, No. 1117, p. 2060, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-7/
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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 6 - Environmental Improvement Authorities.›Section 9-6-7 - Advisory Committee.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-7 - Advisory Committee.
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Section 9-6-7
Advisory committee.
Whenever the described area of operation shall include three or more counties or portions thereof, there shall be created an advisory committee to consult with and assist the authority. The advisory committee shall consist of one member from each affected county who shall be a person of good moral character and a duly qualified elector of the county he represents on the advisory committee, together with the Governor, the State Health Officer, the Commissioner of Conservation and Natural Resources, the State Geologist, the Director of the State Industrial Development Board, the Chairman of the Alabama Water Improvement Commission, the President of the Alabama Wildlife Federation and the head of any air pollution regulating body which might be created by the Legislature of this state, who shall be members ex officio of the advisory committee. The Governor shall be the chairman of the advisory committee, and he shall designate one of the appointive members as vice-chairman at the time of appointing such member. All members of the advisory committee other than the ex officio members shall be appointed by the Governor. The appointive members shall serve for terms of six years, and the persons serving as members ex officio shall serve for terms concurrent with the period of their tenure in office. The appointive members shall be eligible for reappointment. The advisory committee shall convene in meeting at the call of the chairman or of the vice-chairman. Meetings may also be called by notice signed by a majority of the appointive members. Notices of all meetings shall be in writing and such notices shall be served upon each member in person or by regular United States mail, postage prepaid, at least 10 days prior to the date upon which the meeting is to be held. It shall be the purpose of the advisory committee and of the members thereof to advise and consult with the authority with respect to water, air or general environmental pollution problems in the several counties within the area of operation, to establish and maintain liaison between the authority on the one hand and the industrial community, the county and municipal bodies and the agencies headed by the ex officio members on the other and generally to aid and assist the authority in carrying on its functions and fulfilling its purposes and objects and in coordinating the same with the efforts of other like authorities and other agencies in controlling, abating and preventing water, air or general environmental pollution.
(Acts 1969, No. 1117, p. 2060, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-6/section-9-6-8/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 6 - Environmental Improvement Authorities.›Section 9-6-8 - Powers and Duties Generally.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 6 - Environmental Improvement Authorities. › Section 9-6-8 - Powers and Duties Generally.
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Section 9-6-8
Powers and duties generally.
The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form:
(1) To have succession by its corporate name for the duration of time (which may be in perpetuity) specified in its certificate of incorporation;
(2) To maintain civil actions and have civil actions maintained against it in its corporate name, except as otherwise provided in this chapter, and to defend civil actions against it;
(3) To adopt and make use of a corporate seal and to alter the same at pleasure;
(4) To amend its certificate of incorporation by filing in the office of the Secretary of State a certificate signed by all of the directors of the authority setting forth the details of the amendment, such certificate to be acknowledged in the same manner as the certificate of incorporation;
(5) To adopt and alter bylaws for the regulation and conduct of its affairs and business;
(6) To acquire, receive and take title to, by purchase, gift, lease, devise or otherwise, to hold, keep and develop and to transfer, convey, lease, assign or otherwise dispose of property of every kind and character, real, personal and mixed, and any and every interest therein, whether located within or outside of the area of operation or within or outside of the State of Alabama;
(7) To acquire, purchase, construct, own, operate, maintain, enlarge, extend and improve any equipment, plant, apparatus or system of whatever kind and character used or which may be useful in connection with the control, abatement or prevention of water, air or general environmental pollution directly or indirectly, to enter into arrangements for the operation or joint operation of the same, to construct or install the same on the property of others with their assent or in conjunction with or as an integral part of equipment, plants or systems of others with their assent, and to lease, lend or sell any of the same to counties, municipalities, communities, industries, firms, businesses and other public corporations and authorities, with or without valuable consideration, in connection with the control, abatement or prevention of water, air or general environmental pollution and to discard or otherwise dispose of the same, with or without valuable consideration, in the sole discretion of the authority;
(8) To undertake and to make or cause to be made, either singly or in conjunction and cooperation with others, appropriate studies, surveys, arrangements, undertakings and construction designs and plans and supervision having to do, directly or indirectly, with the control, abatement or prevention of water, air or general environmental pollution; provided, however, that the authority shall not pay out any of its funds by way of any form of remuneration or compensation to any persons engaged in the making of any such studies, surveys, arrangements, undertakings and construction designs, plans and supervision other than to persons who are directly employed in that connection by the authority and who are not answerable to any other person;
(9) To make available and give, subject to the provisions of subdivision (8) of this section, to counties, municipalities, communities, industries, firms, businesses and other public corporations and authorities, financial and technical assistance and aid of every kind and character which will directly or indirectly promote, encourage or effect the control, abatement or prevention of water, air or general environmental pollution;
(10) To engage in works of watershed improvement, either singly or in conjunction and cooperation with others;
(11) To make, enter into and execute such contracts, agreements, leases and other legal arrangements and to take such other steps and actions as may be necessary or convenient in the furtherance of any purpose or the exercise of any power provided or granted to it by law;
(12) To borrow money for any corporate purpose, function or use and to issue in evidence of the borrowing, in the authority's discretion, interest-bearing bonds payable solely from the revenues derived from the operation of any of its equipment, plants, apparatus or systems (regardless of what equipment, plant, apparatus or system is the object of or will benefit from such borrowing);
(13) To pledge for the payment of any bonds issued or obligations assumed by the authority any revenues from which those bonds or obligations are made payable and to execute and deliver, as security for such bonds and obligations, mortgages, deeds of trust, trust indentures and pledge indentures as provided for in Section 9-6-9;
(14) To exercise the power of eminent domain in the manner provided in and subject to the provisions of Title 18 of this code; provided, however, that this subdivision shall not be deemed to authorize the authority to take, without the consent of the owner or owners thereof, any existing equipment, plant, apparatus or system of any kind;
(15) Without regard to the provisions of Sections 41-16-50 through 41-16-63 that might otherwise be applicable, to appoint, employ, contract with and provide for the compensation of such officers, employees and agents, including, but without limitation to, consulting engineers, attorneys and fiscal agents as may be necessary or convenient in the orderly carrying on of the business and affairs of the authority and, at its option, to provide a system of disability pay, retirement compensation and pensions or any of them;
(16) To provide for such insurance as the authority may deem advisable;
(17) To invest any of its funds deemed by the authority to be not presently needed in the operation of its properties and undertakings in bonds of the United States of America, bonds of the state, bonds of any county or municipality within the state and interest-bearing deposits in banks and savings and loan institutions or any thereof; and
(18) To cooperate with the United States of America and any agency or instrumentality thereof, any state and its agencies and instrumentalities, any county or municipality or other political subdivision of a state, any public corporation and any public or private utility, industry, firm or business, and to make and enter into contracts and all manner of legal arrangements with them or any of them and to obtain money by way of loans, grants or payments from them or any of them or property or other forms of assistance as the authority may deem advisable to accomplish the purposes for which the authority was created.
(Acts 1969, No. 1117, p. 2060, §8.)
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