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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-87/
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-87 - Filing of Quarterly Reports and Payment of Taxes - Producers of Forest Products Sh...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-87 - Filing of Quarterly Reports and Payment of Taxes - Producers of Forest Products Shipping, etc., Same Out of State in Unmanufactured Condition.
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Section 9-13-87
Filing of quarterly reports and payment of taxes - Producers of forest products shipping, etc., same out of state in unmanufactured condition.
Every producer of forest products who shall ship the same out of the State of Alabama in an unmanufactured condition or who shall sell such product for shipment outside the State of Alabama in an unmanufactured condition shall, within 30 days after the expiration of each quarter annual period expiring, respectively, on the last day of March, June, September and December of each year, file with the Department of Revenue a statement under oath, on forms prescribed by the Department of Revenue, showing the kinds of forest products and the gross quantity thereof severed from the soil in Alabama and shipped or sold for shipment to points outside the State of Alabama in an unmanufactured condition, the county or counties in which such products were severed from the soil and such other reasonable and necessary information pertaining thereto as the Department of Revenue may require for the proper enforcement of the provisions of this article. At the time of rendering such quarter annual reports, such producer of forest products shall pay to the Department of Revenue the taxes herein imposed by this article upon the forest products embraced in said report.
(Acts 1945, No. 169, p. 285, §8.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-88/
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-88 - Recordkeeping Requirements.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-88 - Recordkeeping Requirements.
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Section 9-13-88
Recordkeeping requirements.
It shall be the duty of every manufacturer and processor in this state and of every producer who shall ship forest products out of the State of Alabama in an unmanufactured condition and of every concentration yard where any logs, pulpwood, or inwoods pulpwood chips are sold or delivered to it to keep and preserve suitable records with the items separated into the various items on which privilege taxes are levied in this article, and other books or accounts as may be necessary to determine the amount of taxes for which he or she is liable under this article. The books and records shall be kept and preserved for a period of three years, and all records shall be open for examination at any time by the department or its duly authorized agent.
(Acts 1945, No. 169, p. 285, §9; Acts 1953, No. 695, p. 948, §3; Act 2017-301, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-90/
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-90 - Failure to Make Reports or Maintain Records.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-90 - Failure to Make Reports or Maintain Records.
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Section 9-13-90
Failure to make reports or maintain records.
Any person subject to the provisions of this article who shall fail to make the reports or any of them as required by this article or who shall fail to keep the records as required by this article shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $25.00 nor more than $500.00 for each offense. Each month of such failure shall constitute a separate offense.
(Acts 1945, No. 169, p. 285, §11.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-93/
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-93 - When Taxes Delinquent.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-93 - When Taxes Delinquent.
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Section 9-13-93
When taxes delinquent.
The taxes provided in this article shall become delinquent after the date fixed for the filing of the quarter annual report to be filed with the department.
(Acts 1945, No. 169, p. 285, §28; Act 2017-301, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-99/
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-99 - Lien Upon Property for Payment of Taxes, Interest and Penalties.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-99 - Lien Upon Property for Payment of Taxes, Interest and Penalties.
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Section 9-13-99
Lien upon property for payment of taxes, interest and penalties.
The taxes together with interest and penalties imposed by this article shall be a lien upon the property of any person subject to the provisions of this article, and the provisions of the revenue laws of the State of Alabama applying to liens for license taxes shall apply fully to the taxes levied by this article.
(Acts 1945, No. 169, p. 285, §19.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-103/
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-103 - Proceedings as to Persons Designing to Engage in Acts Prejudicial to Collection o...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-103 - Proceedings as to Persons Designing to Engage in Acts Prejudicial to Collection of Taxes, Etc.
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Section 9-13-103
Proceedings as to persons designing to engage in acts prejudicial to collection of taxes, etc.
If the department finds that a person liable for taxes under any provisions of this article designs quickly to depart from the state or to remove his property therefrom, or to conceal himself or his property therein or to do any other act tending to prejudice or to render wholly or partly ineffectual proceedings to collect such tax unless such proceedings are brought without delay, the department shall cause notice of such finding to be given such person together with a demand for an immediate return and immediate payment of such taxes. Thereupon such taxes shall become immediately due and payable. If such person is not in default in making such return or paying any taxes prescribed by this article and furnishes evidence satisfactory to the department under regulations to be prescribed by the department that he will duly return and pay the taxes to which the department's finding relates, then such tax shall not be payable prior to the time otherwise fixed for payment. If such person fails to appear and make such showing, then the department shall make such assessment final and execution may immediately issue as is provided in this article.
(Acts 1945, No. 169, p. 285, §23.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-104/
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-104 - Reports of Transporters of Forest Products - Required.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-104 - Reports of Transporters of Forest Products - Required.
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Section 9-13-104
Reports of transporters of forest products - Required.
When requested by the department, all transporters of forest products out of, within or across the State of Alabama shall be required to furnish the department, under oath and upon forms prescribed by the department, any and all information relative to the transportation of forest products, and the reports shall contain, in addition to other required information, the name of the shipper, the date of shipment, the quantity and type or character of the forest products, stated in units or measurements applicable to the forest products, the point of receipt or shipment, and the point of destination. In the case of common carriers using bills of lading or way bills prescribed or approved by the Interstate Commerce Commission, the common carriers shall only be required to keep the usual records at the office or offices in this state where the records are usually kept.
(Acts 1945, No. 169, p. 285, §25; Act 2017-301, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-105/
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-105 - Reports of Transporters of Forest Products - Failure to Make Report.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-105 - Reports of Transporters of Forest Products - Failure to Make Report.
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Section 9-13-105
Reports of transporters of forest products - Failure to make report.
The failure of any person to make the transporter's report provided for in Section 9-13-104 shall be punished by a fine of not less than $50.00 and not more than $500.00 for each offense.
(Acts 1945, No. 169, p. 285, §26.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-106/
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-106 - Payment of Taxes by Counties or Municipalities Purchasing Forest Products.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-106 - Payment of Taxes by Counties or Municipalities Purchasing Forest Products.
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Section 9-13-106
Payment of taxes by counties or municipalities purchasing forest products.
When the governing body of any county or municipality in the state shall purchase any forest products upon which the privilege taxes imposed by this article have not been paid, then the said governing body of said county or municipality shall withhold from the purchase price the amount of the taxes due and shall remit it to the Department of Revenue in the same manner as is required of other taxpayers.
(Acts 1945, No. 169, p. 285, §27.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-107/
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-107 - Forest Products to Which Taxes Imposed by Article Applicable.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-107 - Forest Products to Which Taxes Imposed by Article Applicable.
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Section 9-13-107
Forest products to which taxes imposed by article applicable.
The taxes imposed by this article shall apply to any forest products severed from land owned by either the State of Alabama or the United States of America, where the forest products severed enter commercial channels of trade for competitive markets.
(Acts 1945, No. 185, p. 285, §24.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-108/
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-108 - Taxes Upon the Excise or Privilege of Severing or Manufacturing of Forest Product...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-108 - Taxes Upon the Excise or Privilege of Severing or Manufacturing of Forest Products.
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Section 9-13-108
Taxes upon the excise or privilege of severing or manufacturing of forest products.
Any and all taxes upon the excise or privilege of severing or manufacturing of forest products shall inure to the State of Alabama and shall be exercised only in a uniform, statewide tax. No tax shall be levied by local law or by any political subdivision of the state, including counties, cities, special taxing authorities, or other taxing instrumentalities, upon the excise or privilege of severing or manufacturing of forest products in Alabama.
(Acts 1988, 1st Ex. Sess., No. 88-842, p. 315, §2; Act 2017-301, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-109/
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-109 - Legislative Findings.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-109 - Legislative Findings.
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Section 9-13-109
Legislative findings.
(a) The Legislature finds and declares that the intent of Act 2017-301 is to simplify and clarify existing language used to calculate and collect forest product severance taxes and forest product manufacturing taxes and to ensure that these taxes are levied and paid only once. In furtherance of that intent, the Legislature finds that Act 2017-301 clarifies all of the following:
(1) Before July 1, 2017, if a manufacturer paid forest products severance tax utilizing a formula to convert from the weight of delivered logs to an estimate of volume based on either board measure lumber tally or log scale (Doyle Rule) for the purposes of determining the amount of forest products severance tax to be paid, then no additional forest products severance tax shall be due on the products produced from that log including the parts of the logs that are converted to residual pulpwood chips.
(2) Before July 1, 2017, if any manufacturer collected and paid forest products severance tax based on the weight of delivered logs, no additional forest products severance tax shall be due on the products produced from that log including the parts of the logs that are converted to residual pulpwood chips.
(3) Before July 1, 2017, if the forest products severance tax was paid on either pulpwood chips or the logs used to produce pulpwood chips, no additional forest products severance tax shall be due by the manufacturer purchasing the pulpwood chips for use in a manufacturing process.
(b) The clarifications provided in subsection (a) shall apply to all open tax periods and all periods for which a preliminary or final assessment of tax could be or was entered pursuant to Section 40-2A-7, or any successor general or local law, before July 1, 2017.
(c) No refunds shall be due or issued pursuant to the clarifications provided in subsection (a) with respect to those tax periods occurring before July 1, 2017.
(Act 2017-301, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-4/section-9-13-110/
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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 13 - Forests and Forest Products.›Article 4 - Forest Products Privilege and Severance Taxes.›Section 9-13-110 - Legislative Intent.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 4 - Forest Products Privilege and Severance Taxes. › Section 9-13-110 - Legislative Intent.
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Section 9-13-110
Legislative intent.
It is the intent of the Legislature that the forest products severance tax prescribed in subsections (a) and (b) of Section 9-13-82, beginning July 1, 2017, shall initially generate revenues not less than the revenues generated by the tax prior to July 1, 2017. In order to ensure that the revenues previously generated are not decreased, the department shall determine the total forest products severance tax revenue generated from all severance taxpayers from Act 2017-301 for the fiscal year ending September 30, 2018. The department, no later than December 1, 2018, or as soon thereafter as practical, shall determine the amount collected from all severance taxpayers for the fiscal year ending September 2018. If the forest products severance tax generated from all severance taxpayers in the fiscal year ending 2018 are less than the forest products severance taxes generated from all severance taxpayers in the fiscal year ending in 2017, on January 1, 2019, or as soon thereafter as practical, the department shall notify all severance taxpayers of the rate adjustment needed to maintain collections at the level received and collected by all severance taxpayers prior to July 1, 2017. The rate adjustment shall be effective no earlier than the quarter beginning April 1, 2019. The rate adjustment provided for in this section shall be a one-time adjustment to each of the tax rates set forth in Section 9-13-82, and no further adjustments shall be made pursuant to Act 2017-301.
(Act 2017-301, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-5/section-9-13-120/
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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 13 - Forests and Forest Products.›Article 5 - Protection of Forest Trees From Insect Infestation or Tree Disease Infection.›Section 9-13-120 - Definitions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 5 - Protection of Forest Trees From Insect Infestation or Tree Disease Infection. › Section 9-13-120 - Definitions.
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Section 9-13-120
Definitions.
As used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PERSON. An individual, partnership, corporation, company, society or association.
(2) FOREST TREES. Only those trees which are a part of and constitute a stand of potential, immature or mature commercial timber trees; provided, however, that such term shall be deemed to include shade trees of any species around houses, along highways and within cities and towns if the same constitute an insect or disease menace to nearby timber trees or timber stands.
(3) FORESTLAND. Land on which forest trees occur.
(4) CONTROL ZONE. An area of potential or actual infestation or infection, the boundaries of which are fixed and clearly described in a manner definitely identifying the zone.
(5) INFESTATION. Infestation by means of any insect which is dangerously injurious to forest trees; such term shall mean infection by any disease affecting forest trees which is dangerously injurious to same.
(Acts 1967, No. 723, p. 1558, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-5/section-9-13-121/
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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 13 - Forests and Forest Products.›Article 5 - Protection of Forest Trees From Insect Infestation or Tree Disease Infection.›Section 9-13-121 - Investigations as to Existence of Insect Infestations or Disease Infections; Noti...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 5 - Protection of Forest Trees From Insect Infestation or Tree Disease Infection. › Section 9-13-121 - Investigations as to Existence of Insect Infestations or Disease Infections; Notice to Landowners of Existence of Same; Recommended Control Measures, Etc.
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Section 9-13-121
Investigations as to existence of insect infestations or disease infections; notice to landowners of existence of same; recommended control measures, etc.
Where an insect infestation or disease infection is believed to exist on forestland within the state, the State Forester shall cause an investigation to be made. Whenever, upon investigation, he finds that an infestation or infection exists, he shall give notice in writing, by mail or otherwise, to each forest landowner within the affected area, advising him of the nature of the infestation or infection, the recommended control measures to be taken and offering him technical advice for methods of carrying out the recommended control measures.
(Acts 1967, No. 723, p. 1558, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-5/section-9-13-122/
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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 13 - Forests and Forest Products.›Article 5 - Protection of Forest Trees From Insect Infestation or Tree Disease Infection.›Section 9-13-122 - Declaration of Existence of Control Zones, Etc.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 5 - Protection of Forest Trees From Insect Infestation or Tree Disease Infection. › Section 9-13-122 - Declaration of Existence of Control Zones, Etc.
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Section 9-13-122
Declaration of existence of control zones, etc.
Whenever the State Forester determines that there exists an infestation or infection injurious to timber of forest growth on privately owned lands and that said infestation or infection is of such a nature as to be a menace to the timber on forestlands of adjacent owners, the State Forester, with the approval of the State Forestry Commission, may declare the existence of a control zone and describe and fix the control zone boundaries.
(Acts 1967, No. 723, p. 1558, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-5/section-9-13-123/
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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 13 - Forests and Forest Products.›Article 5 - Protection of Forest Trees From Insect Infestation or Tree Disease Infection.›Section 9-13-123 - Notice to Landowners Upon Establishment of Control Zones; Powers of State Foreste...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 5 - Protection of Forest Trees From Insect Infestation or Tree Disease Infection. › Section 9-13-123 - Notice to Landowners Upon Establishment of Control Zones; Powers of State Forester Where Landowner Fails or Refuses to Initiate Control Measures.
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Section 9-13-123
Notice to landowners upon establishment of control zones; powers of State Forester where landowner fails or refuses to initiate control measures.
On the establishment of a control zone, the State Forester shall give notice in writing by registered or certified mail, return receipt requested, in the case of an absentee owner, and in writing or otherwise in the case of a resident owner, advising him of the nature of the infestation or infection, the recommended control measures to be taken and offering him technical advice for methods of carrying out the recommended control measures. Should the forest landowner refuse or fail to initiate reasonable and practicable control measures within a period of two weeks after having been notified as prescribed in this section, the State Forester or his agents shall have the power to go upon the land within said control zone and cause the forest insect infestation or forest tree disease infection to be suppressed, eradicated or destroyed in any reasonable manner he deems to be proper.
(Acts 1967, No. 723, p. 1558, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-5/section-9-13-124/
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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 13 - Forests and Forest Products.›Article 5 - Protection of Forest Trees From Insect Infestation or Tree Disease Infection.›Section 9-13-124 - Dissolution of Control Zones.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 5 - Protection of Forest Trees From Insect Infestation or Tree Disease Infection. › Section 9-13-124 - Dissolution of Control Zones.
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Section 9-13-124
Dissolution of control zones.
Whenever the State Forestry Commission determines that insect or disease control work within the designated control zone is no longer necessary or feasible, then the State Forestry Commission shall instruct the state forester by written order to dissolve the control zone.
(Acts 1967, No. 723, p. 1558, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-5/section-9-13-125/
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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 13 - Forests and Forest Products.›Article 5 - Protection of Forest Trees From Insect Infestation or Tree Disease Infection.›Section 9-13-125 - Cooperative Agreements With Federal Government, Public or Private Agencies and La...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 5 - Protection of Forest Trees From Insect Infestation or Tree Disease Infection. › Section 9-13-125 - Cooperative Agreements With Federal Government, Public or Private Agencies and Landowners.
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Section 9-13-125
Cooperative agreements with federal government, public or private agencies and landowners.
In order to accomplish the suppression, eradication and destruction of such tree infestation or infection as outlined in this article, the State Forestry Commission may enter into cooperative agreements with the federal government and other public or private agencies and with forest landowners using any such funds as may be pledged in such agreements for the suppression of infestation or infection in forest trees.
(Acts 1967, No. 723, p. 1558, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-5/section-9-13-126/
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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 13 - Forests and Forest Products.›Article 5 - Protection of Forest Trees From Insect Infestation or Tree Disease Infection.›Section 9-13-126 - Control of Forest Tree Insects and Diseases Fund.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 5 - Protection of Forest Trees From Insect Infestation or Tree Disease Infection. › Section 9-13-126 - Control of Forest Tree Insects and Diseases Fund.
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Section 9-13-126
Control of Forest Tree Insects and Diseases Fund.
There is hereby created in the State Treasury a special fund to be known as the "Control of Forest Tree Insects and Diseases Fund." Such fund shall consist of all moneys appropriated thereto by the Legislature; all revenues collected under the provisions of this article; and any moneys paid into the State Forestry Commission by the federal government or any agency thereof to be used for the purpose of this article. All such funds are hereby appropriated to the State Forestry Commission to be used to carry out the purposes of this article. No portion of such fund shall revert to the General Fund of the State at the end of any fiscal year, and any surplus shall be allowed to accumulate from year to year and be disbursed as exigencies of the state's insect infestation or disease infection programs may require.
(Acts 1967, No. 723, p. 1558, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-6/section-9-13-140/
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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 13 - Forests and Forest Products.›Article 6 - Fire Prevention in Emergency Drought Conditions.›Section 9-13-140 - Declaration of Drought Emergency Conditions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 6 - Fire Prevention in Emergency Drought Conditions. › Section 9-13-140 - Declaration of Drought Emergency Conditions.
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Section 9-13-140
Declaration of drought emergency conditions.
Whenever conditions exist in any county or counties in this state which produce extraordinary danger from fire, the State Forestry Commission, with approval of the Governor, may by regulation declare a drought emergency condition in such county or counties.
(Acts 1967, No. 727, p. 1562, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-6/section-9-13-141/
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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 13 - Forests and Forest Products.›Article 6 - Fire Prevention in Emergency Drought Conditions.›Section 9-13-141 - Setting Fires, Building Campfires or Burning Trash During Drought Emergencies; Ba...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 6 - Fire Prevention in Emergency Drought Conditions. › Section 9-13-141 - Setting Fires, Building Campfires or Burning Trash During Drought Emergencies; Backfires.
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Section 9-13-141
Setting fires, building campfires or burning trash during drought emergencies; backfires.
At such time as the State Forestry Commission has declared by regulation a drought emergency in any county or counties, it shall be unlawful in such county or counties for any person to set fire to any forest, grass, woods, wildlands or marshes or to build a campfire or bonfire or to burn trash or other material that may cause a forest, grass or woods fire. This prohibition does not apply to any backfire set by an official representative or agent of the State Forestry Commission. Nor does this prohibition apply when a backfire is set by any person for the purpose of saving life or property; provided, that such person shall have the burden of proving the necessity for setting such backfire if he claims same as a defense.
(Acts 1967, No. 727, p. 1562, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-6/section-9-13-142/
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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 13 - Forests and Forest Products.›Article 6 - Fire Prevention in Emergency Drought Conditions.›Section 9-13-142 - Penalties for Violations of Provisions of Article.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 6 - Fire Prevention in Emergency Drought Conditions. › Section 9-13-142 - Penalties for Violations of Provisions of Article.
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Section 9-13-142
Penalties for violations of provisions of article.
Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $250.00 nor more than $500.00 and, at the discretion of the court, may be sentenced to the county jail for a period not exceeding six months.
(Acts 1967, No. 727, p. 1562, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-1/section-9-13-160/
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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 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 1 - Special Taxes for Forest Protection.›Section 9-13-160 - "Forestland" Defined.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 1 - Special Taxes for Forest Protection. › Section 9-13-160 - "Forestland" Defined.
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Section 9-13-160
"Forestland" defined.
"Forestland" shall mean any land which supports a forest growth or which under prevailing natural and economic conditions may be expected to support such a growth in the future or which is being used or reserved for any forest purpose.
(Acts 1939, No. 562, p. 884, § 6; Code 1940, T. 12, §205.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-1/section-9-13-161/
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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 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 1 - Special Taxes for Forest Protection.›Section 9-13-161 - Special Annual Tax for Forest Protection - Authorized.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 1 - Special Taxes for Forest Protection. › Section 9-13-161 - Special Annual Tax for Forest Protection - Authorized.
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Section 9-13-161
Special annual tax for forest protection - Authorized.
For the purpose of receiving the financial and supervisory cooperation of the State Forestry Commission of the State of Alabama in forest protection, any county commission is empowered, authorized and required to assess and levy a special annual tax not to exceed $.04 per acre against the forested acreage of the county subject to the conditions set forth in Section 9-13-163.
(Acts 1939, No. 562, p. 884, §1; Code 1940, T. 12, §205.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-1/section-9-13-162/
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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 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 1 - Special Taxes for Forest Protection.›Section 9-13-162 - Special Annual Tax for Forest Protection - Designation of Forest Protection Areas...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 1 - Special Taxes for Forest Protection. › Section 9-13-162 - Special Annual Tax for Forest Protection - Designation of Forest Protection Areas.
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Section 9-13-162
Special annual tax for forest protection - Designation of forest protection areas.
The State Forestry Commission is hereby empowered and directed to establish and designate such forest protection areas prior to the submission of the petition provided for in Section 9-13-163.
(Acts 1939, No. 562, p. 884, §5; Code 1940, T. 12, §204.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-1/section-9-13-163/
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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 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 1 - Special Taxes for Forest Protection.›Section 9-13-163 - Special Annual Tax for Forest Protection - Assessment and Levy of Tax Upon Petiti...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 1 - Special Taxes for Forest Protection. › Section 9-13-163 - Special Annual Tax for Forest Protection - Assessment and Levy of Tax Upon Petition of Freeholders in Forest Protection Areas.
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Section 9-13-163
Special annual tax for forest protection - Assessment and levy of tax upon petition of freeholders in forest protection areas.
For the purpose of receiving the financial and supervisory cooperation of the State Forestry Commission of the State of Alabama in forest protection, the county commission is required to make, assess and levy a special annual tax upon all said lands in the county, or any definitely described portion thereof, immediately upon receipt of a petition so requesting, signed by a majority of the freeholders of the county, or any definitely described portion thereof, said area to be known as a forest protection area.
(Acts 1939, No. 562, p. 884, §2; Code 1940, T. 12, §201.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-1/section-9-13-164/
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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 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 1 - Special Taxes for Forest Protection.›Section 9-13-164 - Special Annual Tax for Forest Protection - Provision of List of Landowners Within...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 1 - Special Taxes for Forest Protection. › Section 9-13-164 - Special Annual Tax for Forest Protection - Provision of List of Landowners Within Forest Protection Areas.
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Section 9-13-164
Special annual tax for forest protection - Provision of list of landowners within forest protection areas.
The State Forestry Commission is hereby empowered and directed to furnish to the county commission of the county in which it is proposed to establish a forest protection area a list of the landowners within said proposed forest protection area, said list to show the total amount of forestland owned by each landowner subject to the forest protection tax within said forest protection area.
(Acts 1939, No. 562, p. 884, §7; Code 1940, T. 12, §206.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-1/section-9-13-165/
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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 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 1 - Special Taxes for Forest Protection.›Section 9-13-165 - Special Annual Tax for Forest Protection - Inspection, Designation, Listing and P...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 1 - Special Taxes for Forest Protection. › Section 9-13-165 - Special Annual Tax for Forest Protection - Inspection, Designation, Listing and Placement on Tax Rolls of Lands Prior to Assessment and Levy.
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Section 9-13-165
Special annual tax for forest protection - Inspection, designation, listing and placement on tax rolls of lands prior to assessment and levy.
The tax provided for in Section 9-13-161 shall not be assessed and levied until such time as the county board of equalization shall have first inspected and reviewed such property and shall have designated the same forestland, and such lands must have been returned to or listed with the tax assessor of the county where located as forestland and have been placed on the tax rolls for ad valorem taxation as other forestlands.
(Acts 1939, No. 562, p. 884, §8; Code 1940, T. 12, §207.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-1/section-9-13-166/
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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 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 1 - Special Taxes for Forest Protection.›Section 9-13-166 - Special Annual Tax for Forest Protection - Collection, Disposition and Expenditur...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 1 - Special Taxes for Forest Protection. › Section 9-13-166 - Special Annual Tax for Forest Protection - Collection, Disposition and Expenditure.
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Section 9-13-166
Special annual tax for forest protection - Collection, disposition and expenditure.
The tax so assessed shall be collected as other taxes are collected and remitted to the state Treasurer and placed in a "Forest Protection Fund" to be expended by the State Forestry Commission of the State of Alabama for forest fire protection in the county, or any definitely described portion thereof, against which the tax has been assessed.
(Acts 1939, No. 562, p. 884, §4; Code 1940, T. 12, §203.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-1/section-9-13-167/
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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 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 1 - Special Taxes for Forest Protection.›Section 9-13-167 - Special Annual Tax for Forest Protection - Change or Discontinuance of Tax Upon P...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 1 - Special Taxes for Forest Protection. › Section 9-13-167 - Special Annual Tax for Forest Protection - Change or Discontinuance of Tax Upon Petition of Freeholders or State Forestry Commission.
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Section 9-13-167
Special annual tax for forest protection - Change or discontinuance of tax upon petition of freeholders or State Forestry Commission.
The tax provided for in Section 9-13-161 shall remain the same from year to year, except that it may be changed or discontinued upon receipt of a petition so requesting, signed by a majority of the freeholders of the county, or any definitely described portion thereof, involved or by the State Forestry Commission of the State of Alabama.
(Acts 1939, No. 562, p. 884, §3; Code 1940, T. 12, §202.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-2/section-9-13-180/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 2 - Assessments for Forest Fire Protection.›Section 9-13-180 - "Forestlands" Defined.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 2 - Assessments for Forest Fire Protection. › Section 9-13-180 - "Forestlands" Defined.
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Section 9-13-180
"Forestlands" defined.
"Forestlands" shall mean any lands which support a forest growth, which under prevailing natural and economic conditions may be expected to support such a growth in the future or which is being used or reserved for any forest purpose. Such term shall not include any lands within an urban area which are primarily used for residential purposes nor shall it include any publicly owned lands.
(Acts 1955, No. 552, p. 1208, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-2/section-9-13-181/
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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 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 2 - Assessments for Forest Fire Protection.›Section 9-13-181 - Participation by County Commissions in Fire Protection Program of State Forestry...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 2 - Assessments for Forest Fire Protection. › Section 9-13-181 - Participation by County Commissions in Fire Protection Program of State Forestry Commission - Authorized.
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Section 9-13-181
Participation by county commissions in fire protection program of State Forestry Commission - Authorized.
The county commission of any county in this state is authorized, when the need therefor exists, to provide in the manner specified in this division protection against forest fires in such county by participating in the State Forestry Commission's fire protection program.
(Acts 1955, No. 552, p. 1208, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-2/section-9-13-182/
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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 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 2 - Assessments for Forest Fire Protection.›Section 9-13-182 - Participation by County Commissions in Fire Protection Program of State Forestry...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 2 - Assessments for Forest Fire Protection. › Section 9-13-182 - Participation by County Commissions in Fire Protection Program of State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Authorized; Limitations.
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Section 9-13-182
Participation by county commissions in fire protection program of State Forestry Commission - Assessments against owners of forestlands for costs - Authorized; limitations.
Any county commission which provides forest fire protection to the persons and property of its county by participating in the State Forestry Commission's fire protection program may in the manner specified in this division assess the whole or any part of the cost of such fire protection program, not in excess of $.05 per acre, to the owners of forestland in the county; provided, that such assessment is not greater than the benefit accruing to such forestland due to the availability of such fire protection.
(Acts 1955, No. 552, p. 1208, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-2/section-9-13-183/
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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 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 2 - Assessments for Forest Fire Protection.›Section 9-13-183 - Participation by County Commissions in Fire Protection Program of State Forestry...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 2 - Assessments for Forest Fire Protection. › Section 9-13-183 - Participation by County Commissions in Fire Protection Program of State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Determination of Need Therefor; Determination and Establishment of Amount.
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Section 9-13-183
Participation by county commissions in fire protection program of State Forestry Commission - Assessments against owners of forestlands for costs - Determination of need therefor; determination and establishment of amount.
The need for special assessments to provide forest fire protection within the county shall be determined by the county commission after a public hearing is held thereon. Such hearing shall be held by such body only after a petition signed by a majority of the total number of persons owning forestlands within the county has been presented thereto; provided, that such persons are the owners of more than one half of the forestland situated within the county. The county commission shall give 10 days' notice of the time and place at which they shall meet to determine the need for a program in such county to provide protection against forest fires, the manner of financing a fire protection program, the part of the cost of such program to be assessed against owners of forestland and the manner of assessing the cost of such protection proportionately to each parcel or tract of forestland in the county. The notice of the meeting hereby required shall be published in a newspaper of general circulation in the county and shall also be posted at the courthouse of the county and in every post office within the county. Any person owning forestland in the county may appear in person or by attorney at such time and place and make defense against such assessment or the amount thereof. After such hearing the county governing body shall determine the amount of such assessment and enter on the minutes of the governing body an order fixing such assessment.
(Acts 1955, No. 552, p. 1208, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-2/section-9-13-184/
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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 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 2 - Assessments for Forest Fire Protection.›Section 9-13-184 - Participation by County Commissions in Fire Protection Program of State Forestry...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 2 - Assessments for Forest Fire Protection. › Section 9-13-184 - Participation by County Commissions in Fire Protection Program of State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Time and Manner of Payment; Reports to Tax Assessors; Lien on Property for Payment.
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Section 9-13-184
Participation by county commissions in fire protection program of State Forestry Commission - Assessments against owners of forestlands for costs - Time and manner of payment; reports to tax assessors; lien on property for payment.
Any assessment fixed as provided in Section 9-13-183 shall be payable at the same time and in the same manner as county taxes, and the owner of the forestlands, as defined in this division, in those counties becoming subject to the provisions of this division shall make report of same to the tax assessor of the county at the time fixed by law for making return of other property of such property owner. Assessments made pursuant to this division shall constitute a lien on the property against which they are assessed and, in case of default in the payment of such assessments, the land may be sold in the same manner and under the same conditions that lands are sold for the satisfaction of liens for county taxes.
(Acts 1955, No. 552, p. 1208, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-2/section-9-13-185/
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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 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 2 - Assessments for Forest Fire Protection.›Section 9-13-185 - Participation by County Commissions in Fire Protection Program of State Forestry...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 2 - Assessments for Forest Fire Protection. › Section 9-13-185 - Participation by County Commissions in Fire Protection Program of State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Disposition and Expenditure.
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Section 9-13-185
Participation by county commissions in fire protection program of State Forestry Commission - Assessments against owners of forestlands for costs - Disposition and expenditure.
All moneys accruing to any county from the assessments as provided in this division shall be placed in the county treasury or depository, as the case may be, to the credit of a special fire protection fund, which fund shall be used or disbursed by said county commission only in participating in the State Forestry Commission's fire protection program within such county under such procedures and policies as may be prescribed by the State Forestry Commission. Any unexpended balance in said fund at the end of any fiscal year shall remain therein for use during the ensuing fiscal year.
(Acts 1955, No. 552, p. 1208, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-2/section-9-13-186/
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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 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 2 - Assessments for Forest Fire Protection.›Section 9-13-186 - Participation by County Commissions in Fire Protection Program of State Forestry...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 2 - Assessments for Forest Fire Protection. › Section 9-13-186 - Participation by County Commissions in Fire Protection Program of State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Compensation of Officials Making or Collecting Same.
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Section 9-13-186
Participation by county commissions in fire protection program of State Forestry Commission - Assessments against owners of forestlands for costs - Compensation of officials making or collecting same.
Any officer performing any duties relative to the assessing or collecting of assessments made pursuant to this division shall receive as compensation therefor the same fees and allowances that he would receive for the performance of similar duties relative to the collection of special county taxes.
(Acts 1955, No. 552, p. 1208, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7/division-2/section-9-13-187/
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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 13 - Forests and Forest Products.›Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection.›Division 2 - Assessments for Forest Fire Protection.›Section 9-13-187 - Participation by County Commissions in Fire Protection Program of State Forestry...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7 - County Taxes and Assessments for Forest and Forest Fire Protection. › Division 2 - Assessments for Forest Fire Protection. › Section 9-13-187 - Participation by County Commissions in Fire Protection Program of State Forestry Commission - Assessments Against Owners of Forestlands for Costs - Removal.
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Section 9-13-187
Participation by county commissions in fire protection program of State Forestry Commission - Assessments against owners of forestlands for costs - Removal.
The county commission in any county where the assessment provided for in this division has been adopted may, upon its own motion, remove said assessment at any time; provided, that no county commission may remove said assessment without first having a public hearing relative to the removal of the assessment.
(Acts 1955, No. 552, p. 1208, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7a/section-9-13-188/
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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 13 - Forests and Forest Products.›Article 7A - State Assessment for Forest Fire Protection and Prevention.›Section 9-13-188 - Legislative Intent.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7A - State Assessment for Forest Fire Protection and Prevention. › Section 9-13-188 - Legislative Intent.
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Section 9-13-188
Legislative intent.
The Legislature hereby declares that the threat of a spread of wildfire in our forest lands is a matter of major concern. The purpose of this article, therefore, is to provide forestry assistance and to secure the protection from, and the prevention of, forest fires. This article should be liberally construed to achieve these purposes.
(Acts 1989, No. 89-652, p. 1292, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7a/section-9-13-189/
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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 13 - Forests and Forest Products.›Article 7A - State Assessment for Forest Fire Protection and Prevention.›Section 9-13-189 - Definitions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7A - State Assessment for Forest Fire Protection and Prevention. › Section 9-13-189 - Definitions.
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Section 9-13-189
Definitions.
As used in this article, the following words shall have the meanings stated below, unless the context requires otherwise:
(1) COMMISSION. The Alabama Forestry Commission.
(2) FOREST LAND. Any land which supports a forest growth or which is being used or reserved for any forest purpose and is classified as Class III forest property in Section 40-8-1(b)(1), but excludes land within the city limits of any incorporated municipality.
(3) OWNER. Any person who is engaged in and has an economic risk in the business of producing or causing to be produced, for market, forest or timber products.
(4) PERSON. Any individual, partnership, corporation, company, society, or association, or other business entity.
(5) LESSEE. Any person who leases land for a period over five years for the purpose of producing or causing to be produced, for market, forest or timber products.
(Acts 1989, No. 89-652, p. 1292, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7a/section-9-13-190/
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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 13 - Forests and Forest Products.›Article 7A - State Assessment for Forest Fire Protection and Prevention.›Section 9-13-190 - Administration; Rules and Regulations.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7A - State Assessment for Forest Fire Protection and Prevention. › Section 9-13-190 - Administration; Rules and Regulations.
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Section 9-13-190
Administration; rules and regulations.
The forestry and fire prevention program provided for in this article shall be administered by the Alabama Forestry Commission. The commission shall have the authority to adopt such rules and regulations as it deems necessary to effectuate the purposes of this article.
(Acts 1989, No. 89-652, p. 1292, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7a/section-9-13-191/
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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 13 - Forests and Forest Products.›Article 7A - State Assessment for Forest Fire Protection and Prevention.›Section 9-13-191 - Finance Charge, Fee or Assessment on Forest Land; Disposition of Proceeds.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7A - State Assessment for Forest Fire Protection and Prevention. › Section 9-13-191 - Finance Charge, Fee or Assessment on Forest Land; Disposition of Proceeds.
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Section 9-13-191
Finance charge, fee or assessment on forest land; disposition of proceeds.
There is hereby levied in this state a finance charge, fee or assessment on forest land owned or leased by any person. Proceeds generated in each county shall be earmarked for use in the respective county where raised to provide for forest fire protection and similar forestry services within the county.
(Acts 1989, No. 89-652, p. 1292, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7a/section-9-13-192/
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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 13 - Forests and Forest Products.›Article 7A - State Assessment for Forest Fire Protection and Prevention.›Section 9-13-192 - Manner of Collection of Charge, Fee, or Assessment; Distribution.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7A - State Assessment for Forest Fire Protection and Prevention. › Section 9-13-192 - Manner of Collection of Charge, Fee, or Assessment; Distribution.
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Section 9-13-192
Manner of collection of charge, fee, or assessment; distribution.
The charge, fee, or assessment will be levied and collected in the same manner as ad valorem taxes are levied and collected. All revenues or moneys collected under the provisions of this article shall be distributed by the office of the county tax collector, or person charged with the collection of taxes, to the commission. The first assessment and collection of the levy provided for herein shall be during and for the fiscal (tax) year beginning October 1 next following the satisfaction of all prerequisites required herein for imposition of the levy herein provided.
(Acts 1989, No. 89-652, p. 1292, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7a/section-9-13-193/
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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 13 - Forests and Forest Products.›Article 7A - State Assessment for Forest Fire Protection and Prevention.›Section 9-13-193 - Referendum; Amount of Assessment; Payment and Remission of Assessment; Notice of...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7A - State Assessment for Forest Fire Protection and Prevention. › Section 9-13-193 - Referendum; Amount of Assessment; Payment and Remission of Assessment; Notice of Referendum.
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Section 9-13-193
Referendum; amount of assessment; payment and remission of assessment; notice of referendum.
(a) The commission shall authorize a referendum among owners or lessees of forest land to determine whether an assessment shall be levied upon said owners or lessees to offset, in whole or in part, the cost of forestry and forest fire protection programs.
(b) The assessment levied against each owner or lessee under this article shall be ten cents per acre of forest land owned.
(c) All affected owners or lessees of forest land shall be entitled to vote in any such referendum. The commission shall determine any questions of eligibility to vote and shall establish rules and regulations pertaining to the vote.
(d) If a majority of those voting at the referendum vote in favor of the assessment, then the charge, fee or assessment shall be collected from the owners or lessees of forest land. The finance charge, fee or assessment levied by this article shall not be effective until a majority vote is obtained according to guidelines established by the commission.
(e) The finance charge, fee or assessment shall be due and payable at the same time as county ad valorem taxes. The assessments collected in each county under this article shall be promptly remitted to the commission under such terms and conditions as the State Forester shall deem necessary to ensure that such assessments are used in a sound forestry program and for the prevention of and protection against forest fire.
(f) With respect to any referendum conducted under the provisions of this article, the duly certified organization shall, not less than 30 days before the date of such referendum, cause to be published at least once a week for three weeks in a newspaper of county-wide circulation the date, hours, polling places and rules for voting in the referendum, the amount and basis of the assessment proposed to be collected, the means by which such assessment shall be collected, and the general purposes to which said amount so collected shall be expended and applied. Such notice shall be published by the certified organization through the medium of an established forestry publication and written notice therefor shall be given to each county agent and Alabama Forestry Commission supervisor in this state.
(Acts 1989, No. 89-652, p. 1292, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7a/section-9-13-194/
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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 13 - Forests and Forest Products.›Article 7A - State Assessment for Forest Fire Protection and Prevention.›Section 9-13-194 - Management of Referendum.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7A - State Assessment for Forest Fire Protection and Prevention. › Section 9-13-194 - Management of Referendum.
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Section 9-13-194
Management of referendum.
The arrangements for the place, time and management of any referendum held under this article shall be under the direction of the commission. The commission shall bear all expenses incurred in conducting the referendum, including the furnishing of ballots and arranging for the necessary poll holders.
(Acts 1989, No. 89-652, p. 1292, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7a/section-9-13-195/
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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 13 - Forests and Forest Products.›Article 7A - State Assessment for Forest Fire Protection and Prevention.›Section 9-13-195 - Referendum After Failed Referendum.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7A - State Assessment for Forest Fire Protection and Prevention. › Section 9-13-195 - Referendum After Failed Referendum.
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Section 9-13-195
Referendum after failed referendum.
In the event the referendum conducted under this article fails to receive the required number of affirmative votes, the commission may call another referendum after the expiration of two years.
(Acts 1989, No. 89-652, p. 1292, §8.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7a/section-9-13-196/
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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 13 - Forests and Forest Products.›Article 7A - State Assessment for Forest Fire Protection and Prevention.›Section 9-13-196 - Failure to Pay Assessment; Penalty; Lien on Property.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7A - State Assessment for Forest Fire Protection and Prevention. › Section 9-13-196 - Failure to Pay Assessment; Penalty; Lien on Property.
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Section 9-13-196
Failure to pay assessment; penalty; lien on property.
(a) An owner or lessee of forest land who fails to pay, upon reasonable notice, any assessment levied under this article shall, in addition to the assessment, be subject to a per acre penalty as established by the commission's rules and regulations.
(b) Any finance charge, fee, or assessment levied shall constitute a lien on the property against which it is levied. In case of default in the payment of such finance charge, fee, or assessment, the subject land may be sold in the same manner and under the same conditions that lands are sold for the satisfaction of liens for county ad valorem taxes, provided, however, no sale of the subject land may occur within three years from the date of said default, and redemption from such sale may be effected in the same manner as is provided by law for redemption where land is sold for nonpayment of ad valorem taxes.
(Acts 1989, No. 89-652, p. 1292, §9; Acts 1991, No. 91-670, p. 1306, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7a/section-9-13-197/
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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 13 - Forests and Forest Products.›Article 7A - State Assessment for Forest Fire Protection and Prevention.›Section 9-13-197 - Change in Finance Charge, Fee or Assessment.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7A - State Assessment for Forest Fire Protection and Prevention. › Section 9-13-197 - Change in Finance Charge, Fee or Assessment.
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Section 9-13-197
Change in finance charge, fee or assessment.
Any county may, by local legislation, increase the amount of the finance charge, fee or assessment provided for in this article, but is hereby prohibited from decreasing said amount; provided, however, all local laws levying acreage assessments are repealed retroactively effective October 1, 1990, except to the extent that they exceed ten cents per acre.
(Acts 1989, No. 89-652, p. 1292, §10; Acts 1991, No. 91-670, p. 1306, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-7a/section-9-13-198/
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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 13 - Forests and Forest Products.›Article 7A - State Assessment for Forest Fire Protection and Prevention.›Section 9-13-198 - Assessments, Fees, etc., Not a Tax.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 7A - State Assessment for Forest Fire Protection and Prevention. › Section 9-13-198 - Assessments, Fees, etc., Not a Tax.
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Section 9-13-198
Assessments, fees, etc., not a tax.
Assessments, fees, or other charges collected as authorized under authority hereof shall not be considered as a tax within the meaning of the Constitution of Alabama of 1901, or any provision of this Code.
(Acts 1989, No. 89-652, p. 1292, §12.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-8/section-9-13-200/
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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 13 - Forests and Forest Products.›Article 8 - Southeastern Interstate Forest Fire Protection Compact.›Section 9-13-200 - Authorized; Form.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 8 - Southeastern Interstate Forest Fire Protection Compact. › Section 9-13-200 - Authorized; Form.
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Section 9-13-200
Authorized; form.
The governor on behalf of this state is hereby authorized to execute a compact in substantially the following form with any one or more of the states of Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia and West Virginia, and the Legislature hereby signifies in advance its approval and ratification of such compact, which compact is as follows:
SOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT
Article I.
The purpose of this compact is to promote effective prevention and control of forest fires in the Southeastern region of the United States by the development of integrated forest fire plans, by the maintenance of adequate forest fire fighting services by the member states, by providing for mutual aid in fighting forest fires among the compacting states of the region and with states which are party to other regional forest fire protection compacts or agreements, and for more adequate forest protection.
Article II.
This compact shall become operative immediately as to those states ratifying it whenever any two or more of the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Virginia and West Virginia, which are contiguous, have ratified it and congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states.
Article III.
In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control shall act as compact administrator for that state and shall consult with like officials of the other member states and shall implement cooperation between such states in forest fire prevention and control.
The compact administrators of the member states shall coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact.
There shall be established an advisory committee of legislators, forestry commission representatives, and forestry or forest products industries representatives which shall meet from time to time with the compact administrators. Each member state shall name one member of the senate and one member of the house of representatives who shall be designated by that state's commission on interstate cooperation, or if said commission cannot constitutionally designate the said members, they shall be designated in accordance with laws of that state; and the governor of each member state shall appoint two representatives, one of whom shall be associated with forestry or forest products industries, to comprise the membership of the advisory committee. Action shall be taken by a majority of the compacting states, and each state shall be entitled to one vote.
The compact administrators shall formulate and, in accordance with need, from time to time, revise a regional forest fire plan for the member states.
It shall be the duty of each member state to formulate and put in effect a forest fire plan for that state and take such measures as may be necessary to integrate such forest fire plan with the regional forest fire plan formulated by the compact administrators.
Article IV.
Whenever the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling or preventing forest fires, it shall be the duty of the state forest fire control agency of that state to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home.
Article V.
Whenever the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of such state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid.
No member state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance, or use of any equipment or supplies in connection therewith: Provided, that nothing herein shall be construed as relieving any person from liability for his own negligent act or omission, or as imposing liability for such negligent act or omission upon any state.
All liability, except as otherwise provided hereinafter, that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.
Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and subsistence of employees and maintenance of equipment incurred in connection with such request; provided, that nothing herein contained shall prevent any assisting member state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such service to the receiving member state without charge or cost.
Each member state shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.
For the purposes of this compact the term employee shall include any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws thereof.
The compact administrators shall formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states.
Article VI.
Ratification of this compact shall not be construed to affect any existing statute so as to authorize or permit curtailment or diminution of the forest fire fighting forces, equipment, services or facilities of any member state.
Nothing in this compact shall be construed to limit or restrict the powers of any state ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in such prevention, control and extinguishment in such state.
Nothing in this compact shall be construed to affect any existing or future cooperative relationship or arrangement between any federal agency and a member state or states.
Article VII.
The compact administrators may request the United States Forest Service to act as a research and coordinating agency of the Southeastern Interstate Forest Fire Protection Compact in cooperation with the appropriate agencies in each state, and the United States Forest Service may accept responsibility for preparing and presenting to the compact administrators its recommendations with respect to the regional fire plan. Representatives of any federal agency engaged in forest fire prevention and control may attend meetings of the compact administrators.
Article VIII.
The provisions of articles IV and V of this compact which relate to mutual aid in combating, controlling or preventing forest fires shall be operative as between any state party to this compact and any other state which is party to a regional forest fire protection compact in another region; provided, that the legislature of such other state shall have given its assent to such mutual aid provisions of this compact.
Article IX.
This compact shall continue in force and remain binding on each state ratifying it until the legislature or the governor of such state, as the laws of such state shall provide, takes action to withdraw therefrom. Such action shall not be effective until six months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.
(Acts 1955, No. 384, p. 917, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-8/section-9-13-201/
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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 13 - Forests and Forest Products.›Article 8 - Southeastern Interstate Forest Fire Protection Compact.›Section 9-13-201 - Payment of Expenses of Advisory Committee in Attending Meetings.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 8 - Southeastern Interstate Forest Fire Protection Compact. › Section 9-13-201 - Payment of Expenses of Advisory Committee in Attending Meetings.
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Section 9-13-201
Payment of expenses of advisory committee in attending meetings.
The expenses incurred by the advisory committee in attending meetings of the Southeastern Interstate Forest Fire Protection Compact shall be payable out of the Alabama Forestry Commission Fund. Such expenses shall include travel costs and other necessary expenses of the advisory committee members of the State of Alabama to and from meetings of the compact or its duly constituted sections or committees.
(Acts 1955, No. 384, p. 917, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-9/section-9-13-220/
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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 13 - Forests and Forest Products.›Article 9 - Timber Theft Equipment Condemnation.›Section 9-13-220 - Short Title.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 9 - Timber Theft Equipment Condemnation. › Section 9-13-220 - Short Title.
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Section 9-13-220
Short title.
This article shall be known as the Timber Theft Equipment Condemnation Act.
(Acts 1987, No. 87-711, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-9/section-9-13-221/
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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 13 - Forests and Forest Products.›Article 9 - Timber Theft Equipment Condemnation.›Section 9-13-221 - Seizure of Vehicle and Equipment Upon Arrest for Certain Criminal Violations; Del...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 9 - Timber Theft Equipment Condemnation. › Section 9-13-221 - Seizure of Vehicle and Equipment Upon Arrest for Certain Criminal Violations; Delivery to District Forester.
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Section 9-13-221
Seizure of vehicle and equipment upon arrest for certain criminal violations; delivery to district forester.
It shall be the duty of any sheriff, policeman, forestry officer, or other peace officer or law enforcement officer in the State of Alabama, arresting any person who is charged with violating or attempting to violate Section 9-13-60 or any felony laws of the State of Alabama involving timber or forest products or transactions pertaining thereto, to seize any vehicle and equipment used, which is in the possession or under control of the person or persons charged with violating the laws, and to deliver any such seized vehicle and equipment, to the regional forester of the forestry region in which the arrest is made. The person receiving any vehicle and equipment from the arresting officer shall keep it in a safe place and in as good condition as when received, until disposed of as hereinafter provided. The seizure of vehicles and equipment provided in this section is authorized only when the arrest is for a crime involving the theft of timber harvesting equipment or the parts thereof, the harvesting, removal, transportation, or disposal of any forest products, or any other transactions related to forest products or timber harvesting equipment or any part or parts from timber harvesting equipment.
(Acts 1987, No. 87-711, §2; Act 2010-541, p. 941, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-9/section-9-13-222/
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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 13 - Forests and Forest Products.›Article 9 - Timber Theft Equipment Condemnation.›Section 9-13-222 - Report of Seizure to District Attorney.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 9 - Timber Theft Equipment Condemnation. › Section 9-13-222 - Report of Seizure to District Attorney.
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Section 9-13-222
Report of seizure to district attorney.
Within five days after the arrest of any person for violating Section 9-13-60 or any felony laws of the State of Alabama outlined in this article, the person receiving possession of any vehicle and equipment, seized as aforesaid, shall report the seizure and detention of the vehicle and equipment to the district attorney or other prosecuting official, giving a full description of such vehicle and equipment, any identification number, make and model thereof, the name of the person in whose possession it was found when seized, the person, if any, making claim to same or any interest therein if the name can be ascertained or is known, and the date and place of the seizure and a statement of the circumstances surrounding the seizing of the property.
(Acts 1987, No. 87-711, §3; Act 2010-541, p. 941, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-9/section-9-13-223/
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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 13 - Forests and Forest Products.›Article 9 - Timber Theft Equipment Condemnation.›Section 9-13-223 - Report to District Attorney After Conviction of Person for Theft of Timber or Lum...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 9 - Timber Theft Equipment Condemnation. › Section 9-13-223 - Report to District Attorney After Conviction of Person for Theft of Timber or Lumber.
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Section 9-13-223
Report to district attorney after conviction of person for theft of timber or lumber.
Within five days after the final conviction of any person for violating Section 9-13-60 or any felony laws of the State of Alabama involving timber or forest products or transactions pertaining thereto, the person receiving possession of any vehicle and equipment, seized as aforesaid, shall report the seizure and detention of the vehicle and equipment to the district attorney or other prosecuting official, giving a full description of such vehicle and equipment, any identification number, make and model thereof, the name of the person in whose possession it was found when seized, the person, if any, making claim to same or any interest therein if the name can be ascertained or is known, and the date and place of such seizure and a statement of the circumstances surrounding the seizing of the property.
(Acts 1987, No. 87-711, §4; Act 2010-541, p. 941, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-9/section-9-13-224/
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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 13 - Forests and Forest Products.›Article 9 - Timber Theft Equipment Condemnation.›Section 9-13-224 - Notice to Creditors; Institution of Condemnation Proceedings; Legal Title to Equi...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 9 - Timber Theft Equipment Condemnation. › Section 9-13-224 - Notice to Creditors; Institution of Condemnation Proceedings; Legal Title to Equipment.
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Section 9-13-224
Notice to creditors; institution of condemnation proceedings; legal title to equipment.
At least 60 days prior to the institution of condemnation proceedings as herein provided, notice shall be given by the court to any creditor who is known to have a secured interest, a judgment, lien or other interest in any vehicle or equipment seized pursuant to this article. Such creditors may claim their property during said 60-day period. Thereafter, the district attorney or other prosecuting officer of the judicial circuit upon receiving such report shall at once institute, or cause to be instituted, condemnation proceedings in the circuit court, in the same manner that he is directed by law to institute proceedings for the condemnation and forfeiture of automobiles and other vehicles used in the illegal transportation of alcoholic beverages. The legal title to any vehicle and other equipment seized under this article shall be presumed to be vested with the person, firm, or corporation that last purchased a vehicle tag for said vehicle or equipment.
(Acts 1987, No. 87-711, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-9/section-9-13-225/
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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 13 - Forests and Forest Products.›Article 9 - Timber Theft Equipment Condemnation.›Section 9-13-225 - Forfeiture of Equipment Upon Judgment; Costs of Proceedings; State Forester to Ke...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 9 - Timber Theft Equipment Condemnation. › Section 9-13-225 - Forfeiture of Equipment Upon Judgment; Costs of Proceedings; State Forester to Keep Records.
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Section 9-13-225
Forfeiture of equipment upon judgment; costs of proceedings; State Forester to keep records.
When any judgment of condemnation or forfeiture is made in any case filed under the provisions of this section, the judge making such judgment shall order and direct that said vehicle and equipment be forfeited or awarded to the State Forester to be sold or used by him in the enforcement of the law.
And said order, in the event that no appeal is taken within 15 days from the rendition thereof, shall be carried out and executed. The court, at its discretion, shall direct in said judgment that the cost of the proceedings be paid by the person(s) in whose possession said vehicle and equipment were found when seized, or by any party or parties that claim to own said vehicle and equipment, or any interest therein, and who contested the condemnation and forfeiture thereof. The State Forester shall keep a permanent record of all such vehicles and equipment awarded to him as provided for herein, to be accounted for as other public property.
(Acts 1987, No. 87-711, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-9/section-9-13-226/
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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 13 - Forests and Forest Products.›Article 9 - Timber Theft Equipment Condemnation.›Section 9-13-226 - Use of Proceeds From Sale of Equipment; Award and Distribution Determined by Stat...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 9 - Timber Theft Equipment Condemnation. › Section 9-13-226 - Use of Proceeds From Sale of Equipment; Award and Distribution Determined by State Forester.
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Section 9-13-226
Use of proceeds from sale of equipment; award and distribution determined by State Forester.
In the event the seized items are sold, the proceeds from the sale shall be used, first, for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance or of custody, advertising and court costs; and the remaining proceeds from such sale shall be in the property of the Alabama Forestry Commission or other entities whose law enforcement agencies or departments are determined by the Alabama Forestry Commission to have been participants in the investigation resulting in the seizure. Such award and distribution shall be made on the basis of the percentage(s) as determined by the State Forester which the respective agencies or departments contributed to the police work resulting in the seizure.
(Acts 1987, No. 87-711, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-9/section-9-13-227/
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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 13 - Forests and Forest Products.›Article 9 - Timber Theft Equipment Condemnation.›Section 9-13-227 - Provisions Cumulative.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 9 - Timber Theft Equipment Condemnation. › Section 9-13-227 - Provisions Cumulative.
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Section 9-13-227
Provisions cumulative.
The provisions of this article are cumulative and should not be construed to repeal or supersede any laws not directly inconsistent herewith; provided, however, those laws or parts of law which are in direct conflict are specifically repealed only to the extent that there is such conflict.
(Acts 1987, No. 87-711, §8.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-10/section-9-13-240/
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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 13 - Forests and Forest Products.›Article 10 - Ginseng Regulation.›Section 9-13-240 - Findings and Purpose.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-240 - Findings and Purpose.
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Section 9-13-240
Findings and purpose.
The Legislature has found that ginseng Panax quinquefolius L., is listed as endangered by the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and as such, must be protected from extinction. The purpose of this article is to provide a mechanism for collection and exportation of ginseng while at the same time preventing the depletion of wild ginseng populations throughout the state.
(Acts 1987, No. 87-582, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-10/section-9-13-241/
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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 13 - Forests and Forest Products.›Article 10 - Ginseng Regulation.›Section 9-13-241 - Definitions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-241 - Definitions.
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Section 9-13-241
Definitions.
As used in this article, the following words shall have the meaning stated below, unless the context clearly requires otherwise:
(1) BOARD. The State Board of Agriculture and Industries.
(2) COMMISSIONER. The Commissioner of Agriculture and Industries or his designated representative.
(3) CULTIVATED GINSENG. Ginseng that has been planted and cultivated by standard horticultural practices.
(4) DEPARTMENT. The Department of Agriculture and Industries.
(5) EXPORT. To transport, deliver or cause to be transported or delivered to any person or place for the purpose of transportation from any place in this state to any place outside this state.
(6) GINSENG. The plant Panax quinquefolius L., including cuttings, roots, fruits, seed, propagules or any other portion thereof.
(7) GINSENG COLLECTOR. Any person who intentionally removes wild ginseng from the location in which the plant grew for the purpose of sale, resale or export.
(8) GINSENG DEALER. Any person who collects or purchases ginseng for the purpose of reselling, selling, manufacturing or exporting same.
(9) COLLECT. To dig, cut or otherwise remove any ginseng from the location where it grew for the specific purpose of export.
(10) GINSENG GROWER. Any person who grows cultivated ginseng as a commercial crop.
(11) PERSON. Any individual, corporation, company, society, association or other business entity.
(12) PURCHASE. To acquire, obtain or receive or to attempt to acquire, obtain or receive by exchange of money or other valuable consideration and specifically includes barter or exchange.
(13) SELL. Dispose of, transfer or convey or attempt to dispose of, transfer or convey by exchange of money or other valuable consideration and specifically includes barter or exchange.
(14) WILD GINSENG. Ginseng in, or collected from its native habitat, notwithstanding whether the ginseng occurs naturally from that habitat or was introduced or increased in abundance by the actions of humans, including, but not limited to, sowing ginseng seed or by transplanting ginseng plants from other areas.
(15) GREEN GINSENG. Ginseng roots retaining moisture, not dried.
(16) DRIED GINSENG. Ginseng roots that have been dried to remove moisture.
(Acts 1987, No. 87-582, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-10/section-9-13-242/
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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 13 - Forests and Forest Products.›Article 10 - Ginseng Regulation.›Section 9-13-242 - Collection of Ginseng.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-242 - Collection of Ginseng.
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Section 9-13-242
Collection of ginseng.
(a) The season for the legal collection of ginseng shall be from September 1 through December 13 inclusive. Collection of ginseng outside of this period is unlawful, unless the plants are collected from land owned or managed by the ginseng collector for the personal use of such collector and/or members of the collector's immediate family.
(b) It shall be unlawful to collect ginseng that has less than three five-leaf prongs.
(c) It shall be unlawful to collect ginseng with immature green, unripe fruit (seeds).
(d) It shall be unlawful for any person collecting ginseng to fail to plant immediately after collection the ripe berries or seeds of collected ginseng in the same location at which such ginseng was collected, provided such berries are present.
(e) It shall be unlawful for any person to collect ginseng from private or public property without first obtaining written permission from the landowner or his agent, except on property where general public permission is granted to trespass and to collect such items.
(f) All ginseng not exported from state must be weighed and receipted by March 31 following harvest. Future export certification against this receipt shall be completed by the department.
(g) Ginseng selling season shall be September 15 through March 31, or year round if root was state weighed and receipted by March 31 after harvest.
(h) Ginseng dealers shall not purchase ginseng during the closed season unless they have evidence that the collector dug the roots between September 1 and December 31 of the collecting season and had the roots weighed and receipted by the state no later than March 31 following harvest.
(i) Should the commissioner determine through site observation and investigation that wild ginseng populations are being depleted, he may elect to establish collection quotas or temporarily suspend ginseng collection until such time that the wild ginseng population is restored.
(Acts 1987, No. 87-582, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-10/section-9-13-243/
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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 13 - Forests and Forest Products.›Article 10 - Ginseng Regulation.›Section 9-13-243 - Registration of Ginseng Dealers, Growers and Collectors.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-243 - Registration of Ginseng Dealers, Growers and Collectors.
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Section 9-13-243
Registration of ginseng dealers, growers and collectors.
Ginseng dealers, collectors and growers shall register annually with the department on forms provided by the department on or before August 1 of each year. Such registration shall be accompanied by a fee in an amount determined by the board but in no event shall the board prescribe fees in excess of $200.00. Delinquent fees shall be handled as provided under Section 2-9-2.
(Acts 1987, No. 87-582, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-10/section-9-13-244/
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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 13 - Forests and Forest Products.›Article 10 - Ginseng Regulation.›Section 9-13-244 - Record Keeping Requirements.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-244 - Record Keeping Requirements.
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Section 9-13-244
Record keeping requirements.
(a) Ginseng dealers shall keep records on forms provided by the department of all ginseng purchases and sales. These records will include date of transaction, month collected, county where collected, weight of ginseng bought or sold, seller's permit number and signature of the seller. The report shall also show whether the root was wild or cultivated and if green or dry. These records shall be kept for a period of three years and shall be made available to the department upon request. A clear and legible copy of such records shall be submitted to the commissioner at such times as he deems necessary.
(b) Ginseng growers shall keep accurate records on forms provided by the department of sales of ginseng. Such records shall include date of transaction, county where grown, weight of ginseng sold, purchaser's permit number and name of purchaser. These records shall be kept for a period of three years and shall be made available to the department upon request. A clear and legible copy of such records shall be submitted to the commissioner at such times as he deems necessary.
(c) Ginseng collectors shall, upon request by the commissioner, provide any and all information concerning the precise site from which he has collected ginseng.
(d) Any and all records required to be kept by any ginseng dealer, grower or collector shall be open for inspection by the commissioner at any time during normal business hours.
(Acts 1987, No. 87-582, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-10/section-9-13-245/
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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 13 - Forests and Forest Products.›Article 10 - Ginseng Regulation.›Section 9-13-245 - Exportation of Ginseng From Alabama.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-245 - Exportation of Ginseng From Alabama.
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Section 9-13-245
Exportation of ginseng from Alabama.
(a) Any person who has ginseng in any quantity and wishes to export any amount out of the state may obtain an export permit from the commissioner. To obtain an export permit, the person must maintain accurately kept records of his purchases and sales, be currently registered with the department as a ginseng dealer, and be in compliance with all requirements of this article and regulations promulgated hereto. He shall also present for the purpose of weighing and examination the ginseng to be exposed to the department if requested.
(b) The exportation of ginseng without an export permit is a violation of this article.
(Acts 1987, No. 87-582, §6.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-10/section-9-13-246/
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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 13 - Forests and Forest Products.›Article 10 - Ginseng Regulation.›Section 9-13-246 - Promulgation of Rules and Regulations.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-246 - Promulgation of Rules and Regulations.
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Section 9-13-246
Promulgation of rules and regulations.
The commissioner is empowered with the approval of the board to promulgate such rules and regulations as are reasonable and necessary to accomplish the evident purpose and intent of the law and also for the purpose of complying with guidelines imposed by the United States Department of Interior, Fish and Wildlife Service, concerning the certification and export of ginseng.
(Acts 1987, No. 87-582, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-10/section-9-13-247/
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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 13 - Forests and Forest Products.›Article 10 - Ginseng Regulation.›Section 9-13-247 - Monitoring Program Conducted.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-247 - Monitoring Program Conducted.
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Section 9-13-247
Monitoring program conducted.
The commissioner shall conduct or cause to be conducted a monitoring program of sufficient depth and scope so as to insure that wild ginseng populations are not depleted.
(Acts 1987, No. 87-582, §8.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-10/section-9-13-248/
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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 13 - Forests and Forest Products.›Article 10 - Ginseng Regulation.›Section 9-13-248 - Right of Entry.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-248 - Right of Entry.
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Section 9-13-248
Right of entry.
The commissioner shall have power to enter into or upon any place and to open any bundle, package or other container containing or thought to contain ginseng held or maintained in violation of this article or regulations promulgated thereto.
(Acts 1987, No. 87-582, §9.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-10/section-9-13-249/
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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 13 - Forests and Forest Products.›Article 10 - Ginseng Regulation.›Section 9-13-249 - Refusal or Recall of Permits, Etc.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-249 - Refusal or Recall of Permits, Etc.
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Section 9-13-249
Refusal or recall of permits, etc.
(a) The commissioner shall have the power to refuse to issue a permit or certificate or to recall any permit or certificate already issued when he shall have reasonable cause to believe that the applicant for or holder of said permit or certificate may have or has violated this article or regulations promulgated hereto.
(b) Appeals from the action of the commissioner in refusal to issue or recall any certification or permit shall be heard by the board. Notice of an appeal to the board must be received by the commissioner in writing within 10 days of receiving notice of the commissioner's action. The board shall hear the appeal at its next scheduled meeting, but in no circumstances more than 30 days from the date the commissioner receives the notice of the appeal. The action of the commissioner shall not be stayed pending an appeal before the board.
(c) Appeals from action by the board shall be conducted as provided under the Alabama Administrative Procedure Act, Section 41-22-1, et seq.
(Acts 1987, No. 87-582, §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 13 - Forests and Forest Products.›Article 10 - Ginseng Regulation.›Section 9-13-250 - Violations.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 10 - Ginseng Regulation. › Section 9-13-250 - Violations.
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Section 9-13-250
Violations.
(a) Any person who shall violate any provision or requirement of this article or of regulations promulgated hereto or of any notice or order given pursuant thereto or who shall forge, counterfeit, destroy or wrongfully or improperly use any permit or certificate provided for in this article or in the regulations promulgated hereto or who shall interfere with or obstruct any inspector or other employee of the commissioner in the performance of his duties under this article shall be deemed guilty of a Class C misdemeanor.
(b) There is conferred upon the commissioner and his specifically authorized representatives assigned by him to enforce the provisions of this statute the same powers as are possessed by sheriffs of this state for the purpose of enforcing the provisions of this article. In the exercise of their duty they shall exhibit their official identification to any person questioning their authority upon demand. They are authorized and empowered to make lawful arrests of any person violating any provisions of this article.
(Acts 1987, No. 87-582, §11.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-11/section-9-13-270/
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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 13 - Forests and Forest Products.›Article 11 - Prescribed Burning.›Section 9-13-270 - Short Title.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 11 - Prescribed Burning. › Section 9-13-270 - Short Title.
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Section 9-13-270
Short title.
This article may be cited as the "Alabama Prescribed Burning Act."
(Acts 1995, No. 95-609, p. 1304, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-11/section-9-13-271/
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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 13 - Forests and Forest Products.›Article 11 - Prescribed Burning.›Section 9-13-271 - Legislative Findings.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 11 - Prescribed Burning. › Section 9-13-271 - Legislative Findings.
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Section 9-13-271
Legislative findings.
(a) The Legislature hereby finds and declares that the application of prescribed burning is a landowner property right and a land management tool that benefits the safety of the public, the environment, the natural resources, and the economy of Alabama. Therefore, the Legislature finds that:
(1) Prescribed burning reduces naturally occurring vegetative fuels within wildland areas. The reduction of the fuel load reduces the risk and severity of major catastrophic wildfire, thereby reducing the threat of loss of life and property, particularly in urbanizing areas.
(2) Many of Alabama's natural communities require periodic fire for maintenance of their ecological integrity. Prescribed burning is essential to the perpetuation, restoration, and management of many plant and animal communities. Significant loss of the state's biological diversity will occur if fire is excluded from fire-dependent ecosystems.
(3) Forest lands constitute significant economic, biological, and aesthetic resources of statewide importance. Prescribed burning on forest land prepares sites for reforestation, removes undesirable competing vegetation, improves wildlife habitat, expedites nutrient cycling, and controls or eliminates certain forest pathogens.
(4) The state manages hundreds of thousands of acres of land for parks, wildlife management areas, forests and other public purposes. The use of prescribed burning for management of public lands is essential to maintain the specific resource values for which these lands were acquired.
(5) Proper training in the use of prescribed burning is necessary to ensure maximum benefits and protection for the public.
(6) As the population of Alabama continues to grow, pressures from liability issues and nuisance complaints inhibit the use of prescribed burning.
(b) The purpose of this article is to authorize and promote the continued use of prescribed burning for ecological, silvicultural, agricultural and wildlife management purposes.
(Acts 1995, No. 95-609, p. 1304, §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 13 - Forests and Forest Products.›Article 11 - Prescribed Burning.›Section 9-13-272 - Definitions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 11 - Prescribed Burning. › Section 9-13-272 - Definitions.
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Section 9-13-272
Definitions.
As used in this article, the following words shall have the following meanings:
(1) CERTIFIED PRESCRIBED BURN MANAGER. An individual who successfully completes a certification program approved by the Alabama Forestry Commission.
(2) PRESCRIBED BURNING. The controlled application of fire to naturally occurring vegetative fuels for ecological, silvicultural, agricultural and wildlife management purposes under specified environmental conditions and the following of appropriate precautionary measures which cause the fire to be confined to a predetermined area and accomplishes the planned land management objectives.
(3) PRESCRIPTION. A written plan for starting and controlling a prescribed burn to accomplish the ecological, silvicultural, and wildlife management objectives.
(Acts 1995, No. 95-609, p. 1304, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-11/section-9-13-273/
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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 13 - Forests and Forest Products.›Article 11 - Prescribed Burning.›Section 9-13-273 - Liability for Damage Caused by Fire; Requirements; Rules and Guidelines; Fees for...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 11 - Prescribed Burning. › Section 9-13-273 - Liability for Damage Caused by Fire; Requirements; Rules and Guidelines; Fees for Certification or Training.
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Section 9-13-273
Liability for damage caused by fire; requirements; rules and guidelines; fees for certification or training.
(a) No property owner or his or her agent, conducting a prescribed burn in compliance with this article, shall be liable for damage or injury caused by fire or resulting smoke unless it is shown that the property owner or his or her agent failed to act within that degree of care required of others similarly situated.
(b) Prescribed burning conducted in compliance with this article shall be considered in the public interest if it meets all of the following requirements:
(1) It is accomplished only when at least one certified prescribed burn manager is supervising the burn or burns that are being conducted.
(2) A written prescription is prepared and witnessed or notarized prior to prescribed burning.
(3) A burning permit is obtained from the Alabama Forestry Commission.
(4) It is conducted pursuant to state law and rules applicable to prescribed burning.
(c) The Alabama Forestry Commission may promulgate rules for the certification of prescribed burn managers and guidelines for a prescribed burn prescription.
(d) The Alabama Forestry Commission may charge and collect fees and other payments from persons applying for certification or training as a prescribed burn manager as may be necessary to provide training required for certification as a prescribed burn manager and to carry out other administrative aspects of this article; however the expenditure of any fees charged by the Forestry Commission under this subsection shall be budgeted and allotted pursuant to the Budget Management Act and Article 4 of Chapter 4 of Title 41.
(Acts 1995, No. 95-609, p. 1304, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-13/article-11/section-9-13-274/
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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 13 - Forests and Forest Products.›Article 11 - Prescribed Burning.›Section 9-13-274 - No Certification as Prescribed Burn Manager Required in Certain Circumstances.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 13 - Forests and Forest Products. › Article 11 - Prescribed Burning. › Section 9-13-274 - No Certification as Prescribed Burn Manager Required in Certain Circumstances.
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Section 9-13-274
No certification as prescribed burn manager required in certain circumstances.
Nothing in this article shall be construed as requiring certification as a prescribed burn manager in order to conduct burning operations on one's own property or on the lands of another with the landowner's permission as long as applicable state laws and rules relating to prescribed burning are complied with.
(Acts 1995, No. 95-609, p. 1304, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-1/section-9-14-1/
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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 14 - State Parks.›Article 1 - General Provisions.›Section 9-14-1 - Definitions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-1 - Definitions.
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Section 9-14-1
Definitions.
For the purposes of this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PARK. Any area of land primarily valuable for recreational purposes because of its scenic, historic, prehistoric, archaeologic, scientific or other distinctive characteristics or nature features.
(2) MONUMENT and HISTORIC SITE. Any area of land, with or without buildings, structures or other objects thereon, wholly or primarily of historic, prehistoric, archaeologic, scientific or commemorative interest or value.
(3) PARKWAY. Any elongated strip of land suitable for recreation and a pleasure vehicle road to which the owners or lessees of abutting property shall have no right of direct access.
(4) LAND. Upland, land under water and every estate, interest and right, legal or equitable, in land or water.
(Acts 1939, No. 556, p. 877, §1; Code 1940, T. 8, §172.)
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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 14 - State Parks.›Article 1 - General Provisions.›Section 9-14-2 - Designation and Uses of Parks, Parkways, Monuments and Historic Sites in State Park...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-2 - Designation and Uses of Parks, Parkways, Monuments and Historic Sites in State Park System.
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Section 9-14-2
Designation and uses of parks, parkways, monuments and historic sites in state park system.
All parks, parkways, monuments and historic sites now owned or hereafter established or acquired by the state shall constitute the state park system (except Mound State Monument, the First White House of the Confederacy and all monuments and historic sites now located on state owned land in the City of Montgomery), and are hereby reserved for the enjoyment and benefit of the people; provided, that nothing contained in this section shall be construed as restricting or limiting in any manner the power and authority now granted by law to the Commissioner of Conservation and Natural Resources to sell, lease or exchange any park, parkway, monument or historic site now owned or hereafter established or acquired by the state.
(Acts 1939, No. 556, p. 877, §1; Code 1940, T. 8, §172.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-1/section-9-14-3/
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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 14 - State Parks.›Article 1 - General Provisions.›Section 9-14-3 - Maintenance of Monument of Fort Louis De La Mobile.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-3 - Maintenance of Monument of Fort Louis De La Mobile.
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Section 9-14-3
Maintenance of monument of Fort Louis de la Mobile.
The granite monument marking the site of Fort Louis de la Mobile, founded by Iberville and Bienville, and the 25 feet square parcel of land upon which the monument is erected is a part of the public property of the state and must be cared for by the Division of Parks.
(Code 1923, §1414; Code 1940, T. 8, §179.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-1/section-9-14-4/
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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 14 - State Parks.›Article 1 - General Provisions.›Section 9-14-4 - Construction, Maintenance, etc., of Roads Leading From State Highways to Lands in S...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-4 - Construction, Maintenance, etc., of Roads Leading From State Highways to Lands in State Park System.
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Section 9-14-4
Construction, maintenance, etc., of roads leading from state highways to lands in state park system.
The State Department of Transportation is hereby authorized and empowered upon the request of the Commissioner of Conservation and Natural Resources to construct, reconstruct and maintain roads leading from a state highway to any land included in the state park system. The State Director of Transportation shall confer with the Commissioner of Conservation and Natural Resources before deciding upon the location and character of any such improvement. The State Department of Transportation is hereby authorized and empowered, upon the request of the Commissioner of Conservation and Natural Resources, to construct, reconstruct and maintain roads within the boundary of any land or lands included in the state park system. The construction and reconstruction of such roads shall be in accordance with the development plan for the said land or lands as approved by the Commissioner of Conservation and Natural Resources. Such roads shall be maintained in such manner as may be agreed upon between the State Director of Transportation and the Commissioner of Conservation and Natural Resources. The costs of such construction, reconstruction and maintenance shall be paid from the state Highway Fund.
(Acts 1939, No. 556, p. 877, §4; Code 1940, T. 8, §181.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-1/section-9-14-5/
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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 14 - State Parks.›Article 1 - General Provisions.›Section 9-14-5 - Repair and Maintenance of Roads and Bridges Within State Parks System and State Own...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-5 - Repair and Maintenance of Roads and Bridges Within State Parks System and State Owned Public Fishing Lake Areas.
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Section 9-14-5
Repair and maintenance of roads and bridges within state parks system and state owned public fishing lake areas.
After September 8, 1967, the State Department of Transportation may have the duty and responsibility of repairing and maintaining all roads and bridges within the state parks system and state owned public fishing lake areas.
(Acts 1967, No. 743, p. 1595, § 1.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-1/section-9-14-6/
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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 14 - State Parks.›Article 1 - General Provisions.›Section 9-14-6 - County and Municipal Grants, etc., of Lands to State Park System; Appropriations of...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-6 - County and Municipal Grants, etc., of Lands to State Park System; Appropriations of Moneys for Improvement, Operation, etc., of State Park System.
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Section 9-14-6
County and municipal grants, etc., of lands to state park system; appropriations of moneys for improvement, operation, etc., of state park system.
Any county and any incorporated city or town in the State of Alabama is hereby authorized and empowered to donate, convey and grant to the State of Alabama any land owned by it or which it may hereafter acquire to become a part of the state park system. Any such county, city or town may appropriate moneys to the Department of Conservation and Natural Resources to be used and expended in extending, improving, operating or maintaining the state park system.
(Acts 1939, No. 556, p. 877, §5; Code 1940, T. 8, §182.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-1/section-9-14-7/
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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 14 - State Parks.›Article 1 - General Provisions.›Section 9-14-7 - Maintenance of Monte Sano State Park.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-7 - Maintenance of Monte Sano State Park.
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Section 9-14-7
Maintenance of Monte Sano State Park.
(a) Notwithstanding any other laws, the Department of Conservation and Natural Resources is prohibited from selling, trading, or rearranging any lands within the boundaries of Monte Sano State Park in Madison County, Alabama.
(b) It is the intent of subsection (a) to preserve at a minimum the current geographical size and location of Monte Sano State Park. Notwithstanding the foregoing, it is the intent of the Legislature that the Department of Conservation and Natural Resources may expand the geographical size and location of Monte Sano State Park, and may grant easements, permits, licenses, and rights-of-way at its discretion within the boundaries of the park.
(Act 2000-768, p. 1762, § 1.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-1/section-9-14-8/
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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 14 - State Parks.›Article 1 - General Provisions.›Section 9-14-8 - Free Admission for Military Personnel on Holidays.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-8 - Free Admission for Military Personnel on Holidays.
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Section 9-14-8
Free admission for military personnel on holidays.
(a) Any active or retired member of the United States Armed Forces, including any reserve component thereof, or the National Guard, upon presentation of an appropriate active or retired military identification card, shall be granted free admission to any state park operated by the Department of Conservation and Natural Resources on any state or federal holiday.
(b) Any Alabama resident who is an active member or honorably separated member of the United States Armed Forces or National Guard, including any reserve component thereof, upon presentation of an appropriate active or retired military identification card, a driver's license with a veteran designation, valid form DD214, or any other documentation prescribed by law or administrative rule as evidence of honorable separation from active service, shall be granted free admission to any state park operated by the Department of Conservation and Natural Resources on all days on which entry to the state park is open to the general public.
(Act 2012-508, p. 1506, §1; Act 2018-147, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-1/section-9-14-9/
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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 14 - State Parks.›Article 1 - General Provisions.›Section 9-14-9 - Sale of Alcoholic Beverages for On-Premises Consumption.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 1 - General Provisions. › Section 9-14-9 - Sale of Alcoholic Beverages for On-Premises Consumption.
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Section 9-14-9
Sale of alcoholic beverages for on-premises consumption.
Each state park that has a lodging facility and restaurant may sell alcoholic beverages for on-premises consumption Monday through Saturday, except that in those facilities which currently allow Sunday sales, alcoholic beverages may be sold for on-premises consumption each day of the week. The provisions of this section shall not be applicable to any state park or municipality within Chilton County.
(Act 2012-531, p. 1578, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-2/section-9-14-20/
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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 14 - State Parks.›Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas.›Section 9-14-20 - Authorized.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-20 - Authorized.
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Section 9-14-20
Authorized.
The Department of Conservation and Natural Resources, Division of Parks may, with certain exceptions set out in this article, enter into contracts with persons, firms or corporations to maintain and operate concessions within the state park areas for the welfare of the general public in the use and enjoyment of the state park system.
(Acts 1971, No. 2440, p. 3900, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-2/section-9-14-21/
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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 14 - State Parks.›Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas.›Section 9-14-21 - Invitations to Bid; Experience of Persons, etc., Seeking Concessions; Responsibili...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-21 - Invitations to Bid; Experience of Persons, etc., Seeking Concessions; Responsibility for Maintenance of State Facilities Leased.
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Section 9-14-21
Invitations to bid; experience of persons, etc., seeking concessions; responsibility for maintenance of state facilities leased.
(a) For any concession contract authorizing occupancy by the concessionaire of any portion of the state park system, the Division of Parks shall prepare an invitation to bid, which shall include a summary of the terms and conditions of the concession sufficient to enable persons, firms or corporations to bid solely on the basis of rates to be paid to the state. Bids will be made only on the basis of the invitation to bid.
(b) No concession may be awarded to any person, firm or corporation who or which has less than five years actual experience in the operation of a facility similar to the concession being considered for leasing.
(c) All concessionaires shall be fully responsible for the maintenance and upkeep of the state facility leased.
(Acts 1971, No. 2440, p. 3900, §2.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-2/section-9-14-22/
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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 14 - State Parks.›Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas.›Section 9-14-22 - Advertisements and Solicitations for Sealed Bids; Submission and Opening of Bids;...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-22 - Advertisements and Solicitations for Sealed Bids; Submission and Opening of Bids; Original Bids and Documents to Be Retained and Open to Public Inspection.
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Section 9-14-22
Advertisements and solicitations for sealed bids; submission and opening of bids; original bids and documents to be retained and open to public inspection.
(a) The Division of Parks shall advertise for sealed bids on all concessions by publication of notice thereof one time in a newspaper published in Montgomery County, Alabama, or in any other manner and for such lengths of time as the Commissioner of Conservation and Natural Resources may determine; provided, however, that the Commissioner of Conservation and Natural Resources shall also solicit sealed bids by sending notice by mail to all persons, firms or corporations who have filed a request in writing that they be listed for solicitation on bids for such concessions as are set forth in such request. If any person, firm or corporation whose name is listed fails to respond to any solicitation for bids after the receipt of three such solicitations, such listing may be cancelled.
(b) All bids shall be sealed when submitted, shall be opened in public at the hour stated in the notice and all original bids together with all documents pertaining to the award of the contract shall be retained and made a part of a permanent file or record and shall be open to public inspection.
(Acts 1971, No. 2440, p. 3900, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-2/section-9-14-23/
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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 14 - State Parks.›Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas.›Section 9-14-23 - Bonds for Contracts; Failure of Successful Bidders to Execute Contracts; Rejection...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-23 - Bonds for Contracts; Failure of Successful Bidders to Execute Contracts; Rejection of All Bids; Negotiation of Contract.
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Section 9-14-23
Bonds for contracts; failure of successful bidders to execute contracts; rejection of all bids; negotiation of contract.
(a) The Commissioner of Conservation and Natural Resources shall require and set appropriate bonds (but in no event in an amount less than $50,000.00 per $1,000,000.00 or fraction thereof of the construction, equipping and furnishing cost of the facility leased) for all park concession contracts in an amount deemed sufficient to fully protect the interest of the state for the faithful performance of the terms of said contracts and for the payment of all moneys which may become due to the state by virtue of the provisions of such contracts.
(b) A failure by a successful bidder on any concession contract to execute same to the commissioner within 20 days of receipt thereof and within the same time limit to provide the state with all required bonds together with such evidence of insurance as is required under the terms of the contract may, at the option of the commissioner, be treated as a refusal to execute; and, upon such determination by the Commissioner, all rights of the successful bidder shall terminate, and any and all moneys or considerations paid into the state shall be forfeited.
(c) If the Commissioner of Conservation and Natural Resources, after receipt of all bids on a concession contract, deems that the acceptance of any bid would not be in the best interest of the state, he may reject all bids. He may thereafter negotiate a concession contract; provided, that said negotiated contract must give better terms to the state than any of the rejected bids.
(Acts 1971, No. 2440, p. 3900, §6; Acts 1975, No. 1208, p. 2521, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-2/section-9-14-24/
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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 14 - State Parks.›Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas.›Section 9-14-24 - Award of Contracts; Provisions as to Concessionaire's Rates and Charges; Periodic...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-24 - Award of Contracts; Provisions as to Concessionaire's Rates and Charges; Periodic Review, etc., of Rates and Charges; Inclusion of Terms and Conditions for Protection of State Against Loss of Investment.
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Section 9-14-24
Award of contracts; provisions as to concessionaire's rates and charges; periodic review, etc., of rates and charges; inclusion of terms and conditions for protection of state against loss of investment.
(a) All concession contracts authorizing occupancy of any portion of the state park system shall be awarded to the highest responsible bidder, as determined by criteria set out in the notice therefor, who, in the opinion of the Commissioner of Conservation and Natural Resources, will operate the concession consistent with the contract and in the best interests of the state and public.
(b) All concession contracts of whatever nature or form shall provide for the reasonableness of the concessionaire's rates and charges to the public, and such rates shall be judged primarily by comparison with those rates or charges for facilities and services of comparable character under similar conditions with due consideration for length of season, peak loads, average percentage of occupancy, accessibility, availability, cost of labor and personnel, type of patronage and such other factors deemed significant by the Commissioner of Conservation and Natural Resources.
(c) All concession rates and charges will be subject to periodic review by the Commissioner of Conservation and Natural Resources, who shall have authority to require the concessionaire to reduce such rates when, after review of same, he finds them to be excessive and not based on and in compliance with the foregoing criteria.
(d) The Commissioner of Conservation and Natural Resources shall further have authority to include in concession contracts such other terms and conditions as, in his judgment, are required to assure the state of adequate protection against loss of investment in structures, fixtures, improvements, equipment, supplies and other properties.
(Acts 1971, No. 2440, p. 3900, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-2/section-9-14-25/
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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 14 - State Parks.›Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas.›Section 9-14-25 - Financial Resources of Persons, etc., Seeking Concessions; Submission of Financial...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-25 - Financial Resources of Persons, etc., Seeking Concessions; Submission of Financial Statements With Bids; Verification of Same.
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Section 9-14-25
Financial resources of persons, etc., seeking concessions; submission of financial statements with bids; verification of same.
No person, firm or corporation shall be granted a concession contract who or which does not have sufficient financial resources to properly operate a concession. All bidders for concessions must submit with their bids a complete financial statement, which statement shall be subject to full verification by proper state officials. Any bid submitted without such statement may not be considered.
(Acts 1971, No. 2440, p. 3900, §7.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-2/section-9-14-26/
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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 14 - State Parks.›Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas.›Section 9-14-26 - Cancellation of Contracts.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-26 - Cancellation of Contracts.
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Section 9-14-26
Cancellation of contracts.
No concession contract awarded may be cancelled except as provided for therein.
(Acts 1971, No. 2440, p. 3900, §8; Acts 1975, No. 1208, p. 2521, §3.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-2/section-9-14-27/
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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 14 - State Parks.›Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas.›Section 9-14-27 - Length of Term of Contracts.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-27 - Length of Term of Contracts.
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Section 9-14-27
Length of term of contracts.
No concession contract shall be granted, the term of which exceeds six years, unless the concessionaire is required by the terms of the contract to expend major monetary sums for the purpose of improving, furnishing, equipping or enlarging existing facilities or constructing and/or furnishing additional facilities on the concession premises. In the event such major expenditures are made by a concessionaire, the term of his concession contract may be extended, but in no event exceed 12 years.
(Acts 1971, No. 2440, p. 3900, §9; Acts 1975, No. 1208, p. 2521, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-2/section-9-14-28/
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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 14 - State Parks.›Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas.›Section 9-14-28 - Consummation of Contracts; Written Approval by Attorney General, Chief Examiner of...
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-28 - Consummation of Contracts; Written Approval by Attorney General, Chief Examiner of Department of Public Accounts and Governor.
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Section 9-14-28
Consummation of contracts; written approval by Attorney General, Chief Examiner of Department of Public Accounts and Governor.
All concession contracts entered into by virtue of the provisions of this article shall be consummated by the Commissioner of Conservation and Natural Resources; provided, that all such contracts must have the written approval of the Attorney General, the Chief Examiner of the Department of Public Accounts and the Governor on the face thereof.
(Acts 1971, No. 2440, p. 3900, §10; Acts 1975, No. 1208, p. 2521, §5.)
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https://law.justia.com/codes/alabama/title-9/chapter-14/article-2/section-9-14-29/
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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 14 - State Parks.›Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas.›Section 9-14-29 - Applicability of Provisions of Article.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14 - State Parks. › Article 2 - Contracts for Maintenance and Operation of Concessions Within State Park Areas. › Section 9-14-29 - Applicability of Provisions of Article.
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Section 9-14-29
Applicability of provisions of article.
The provisions of this article shall not apply to or authorize the leasing of any tent camping or trailer park facility, except at Camden State Park, nor do the provisions of this article authorize, for a period of three years beginning with the date of the official opening of all newly constructed facilities at said state park, the leasing of the lodge and the food service facilities at the beach pavilion at the state park presently designated as Lake Guntersville State Park. It is further provided that the provisions of this article shall not apply to concession operations at special events at the state parks, which events do not exceed 72 hours. In addition, the provisions of this article shall not apply to state parks concession operations receiving gross receipts of $100,000.00 or less annually.
(Acts 1971, No. 2440, p. 3900, §3; Acts 1975, No. 1208, p. 2521, §1; Acts 1986, Ex. Sess., No. 86-715, p. 131, §1; Acts 1992, No. 92-585, p. 1207, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-14a/section-9-14a-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 14A - Alabama Public Recreational and Historical Facilities Improvement Act.›Section 9-14A-1 - Short Title.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14A - Alabama Public Recreational and Historical Facilities Improvement Act. › Section 9-14A-1 - Short Title.
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Section 9-14A-1
Short title.
This chapter shall be known as the "Alabama Public Recreational and Historical Facilities Improvement Act."
(Act 2000-708, p. 1487, §1.)
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https://law.justia.com/codes/alabama/title-9/chapter-14a/section-9-14a-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 14A - Alabama Public Recreational and Historical Facilities Improvement Act.›Section 9-14A-2 - Legislative Findings.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14A - Alabama Public Recreational and Historical Facilities Improvement Act. › Section 9-14A-2 - Legislative Findings.
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Section 9-14A-2
Legislative findings.
The Legislature hereby finds and declares that it is necessary, desirable and in the public interest that the state parks system, public historical sites, and public historical parks be maintained and improved. It is the intention of the Legislature by the passage of this chapter to authorize the formation of two public corporations for the purposes of providing for the acquisition, provision, construction, improvement, renovation, equipping, and maintenance of the state parks system, public historical sites, and public historical parks, and to authorize the corporations to provide for payment of the costs of accomplishing the stated purposes by implementing Amendment 617 to the Constitution of Alabama of 1901 authorizing the issuance by the state of up to $110,000,000 in aggregate principal amount of general obligation bonds, which amendment was proposed by Act 98-413 and ratified by the electors of the state at the 1998 General Election, and by issuing and selling for the state, subject to the approval of the Governor, interest bearing general obligation bonds of the state not in excess of $110,000,000 in aggregate principal amount, as authorized by such constitutional amendment. One hundred four million dollars ($104,000,000) of the bonds shall be issued for the state by the Alabama State Parks System Improvement Corporation created herein, and the proceeds thereof shall be used exclusively for the purpose of paying the expenses incurred in the sale and issuance of bonds and for payment of the costs of the acquisition, provision, construction, improvement, renovation, equipping, and maintenance of the state parks system. Six million dollars ($6,000,000) of the bonds shall be issued for the state by the Alabama Public Historical Sites and Parks Improvement Corporation created herein, and the proceeds thereof shall be used exclusively for the purpose of paying the expenses incurred in the sale and issuance of the bonds and for payment of the costs of the acquisition, provision, construction, improvement, renovations, equipping and maintenance of public historical sites and public historical parks not under the jurisdiction of the Department of Conservation and Natural Resources.
(Act 2000-708, p. 1487, §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 14A - Alabama Public Recreational and Historical Facilities Improvement Act.›Section 9-14A-3 - Definitions.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14A - Alabama Public Recreational and Historical Facilities Improvement Act. › Section 9-14A-3 - Definitions.
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Section 9-14A-3
Definitions.
Where used in this chapter the following words and terms shall be given the following respective meanings unless the context hereof clearly indicates otherwise:
(a) AMENDMENT. Amendment 617 to the Constitution of Alabama of 1901, authorizing the issuance of the bonds.
(b) CORPORATION. The respective public corporations authorized to be created by this chapter.
(c) BOARD OF DIRECTORS. The respective board of directors of the corporations.
(d) BONDS. The bonds issued under the provisions of this chapter.
(e) CODE. The Code of Alabama 1975, as amended.
(f) GOVERNMENT SECURITIES. Any bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America, including obligations of any federal agency to the extent the obligations are unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in such obligations of, or unconditionally guaranteed by, the United States of America or in specified portions thereof, which may consist of the principal thereof or the interest thereon.
(g) GOVERNOR. The Governor of the State of Alabama.
(h) LEGISLATURE. The Legislature of the State of Alabama.
(i) PERMITTED INVESTMENTS.
(1) Government securities.
(2) Bonds, debentures, notes, or other evidences of indebtedness issued by any of the following agencies, to the extent that the obligations are secured by the full faith and credit of the United States: Bank for Cooperatives, Federal Intermediate Credit Banks, Federal Financing Bank, Federal Home Loan Banks or Federal Land Banks, or any other agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof, the bonds, debentures, participation certificates or notes of which are unconditionally guaranteed by the United States of America.
(3) Bonds, notes, pass through securities, or other evidences of indebtedness of Government National Mortgage Corporation and participation certificates of Federal Home Loan Mortgage Corporation.
(4) Full faith and credit obligations of any state, provided that at the time of purchase such obligations are rated at least "AA" by Standard & Poor's Rating Group and at least "Aa" by Moody's Investors Service.
(5) Public housing bonds issued by public agencies or municipalities and fully secured, as to the payment of both principal and interest, by contracts with the United States of America, or temporary notes, preliminary notes or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America.
(6) Time deposits evidenced by certificates of deposit issued by banks or savings and loan associations which are members of the Federal Deposit Insurance Corporation, or the Federal Savings and Loan Insurance Corporation, provided that, to the extent the time deposits exceed available federal deposit insurance, the time deposits are fully secured by obligations described in clauses 1, 2, 3 and 5 above, which at all times have a market value (exclusive of accrued interest) at least equal to the bank time deposits so secured, including interest, and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Rating Group for structured financings.
(7) Repurchase agreements for obligations of the type specified in clauses 1, 2, 3, and 5 above, provided such repurchase agreements are fully collateralized and secured by the obligations which have a market value (exclusive of accrued interest) at least equal to the purchase price of the repurchase agreements and which are held by a depository satisfactory to the State Treasurer in the manner required to provide a perfected security interest in the obligations, and which meet the greater of 100 percent collateralization or the "AA" collateral levels established by Standard & Poor's Rating Group for structured financings.
(8) Uncollateralized investment agreements with, or certificates of deposit issued by, banks or bank holding companies, the senior long-term securities of which are rated at least "AA" by Standard & Poor's Rating Group and at least "Aa" by Moody's Investors Service.
(j) PUBLIC HISTORICAL SITE and PUBLIC HISTORICAL PARK. Any site or park which is owned by the State of Alabama, a county, municipality, or public corporation created pursuant to Alabama law, or other public body of the state or its political subdivisions thereof, and a major part of which such place includes land, dwellings, structures, sites, exhibitions, historical demonstration classrooms or facilities, monuments, memorials, restored and recreated buildings, artifacts, relics, or other components having a historic nature or pertaining to the history of the United States, State of Alabama, county, municipality, community, or person or people.
(k) STATE. The State of Alabama.
(l) HEREIN, HEREBY, HEREUNDER, HEREOF, and other equivalent words refer to this chapter as an entirety and not solely to the particular section or portion thereof in which such words are used.
The definitions set forth above shall be deemed applicable whether the words defined are used in the singular or plural. Whenever used herein, any pronoun or pronouns shall be deemed to include both singular and plural to cover all genders.
(Act 2000-708, p. 1487, §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 14A - Alabama Public Recreational and Historical Facilities Improvement Act.›Section 9-14A-4 - Alabama State Parks System Improvement Corporation.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14A - Alabama Public Recreational and Historical Facilities Improvement Act. › Section 9-14A-4 - Alabama State Parks System Improvement Corporation.
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Section 9-14A-4
Alabama State Parks System Improvement Corporation.
(a) The Governor, the Lieutenant Governor or his or her designee, the President Pro Tempore of the Senate or his or her designee, the Speaker of the House of Representatives or his or her designee, the Commissioner of the Department of Conservation and Natural Resources of the state, and the Director of Finance of the state may become a corporation, with the powers and authorities hereinafter provided, by proceeding according to the provisions of this chapter. To become a corporation, the Governor, the Lieutenant Governor or his or her designee, the President Pro Tempore of the Senate or his or her designee, the Speaker of the House of Representatives or his or her designee, the Commissioner of the Department of Conservation and Natural Resources, and the Director of Finance shall present to the Secretary of State of Alabama an application signed by them which shall set forth:
(1) The name, official designation and official residence of each of the applicants, together with a certified copy of the commission evidencing each applicant's right to office.
(2) The date on which each applicant was inducted into office and the term of office of each of the applicants.
(3) The name of the proposed corporation created in this section shall be the Alabama State Parks System Improvement Corporation.
(4) The location of the principal office of the proposed corporation, which shall be Montgomery, Alabama.
(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this chapter or the laws of the State of Alabama.
The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of the State of Alabama to take acknowledgments to deeds. The Secretary of State shall examine the application and, if he finds that it substantially complies with the requirements of this section, he shall receive and file it and record it in an appropriate book of records in his office.
(b) When the application has been made, filed and recorded, as herein provided, the applicants shall constitute a public corporation under the name proposed in the application and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this chapter, under the Great Seal of the State, and shall record the same with the application. There shall be no fees paid to the Secretary of State for any work in connection with the incorporation or dissolution of the corporation so organized, which, for convenience, is herein referred to as "the corporation".
(c) The applicants named in the application and their respective successors in office shall constitute the members of the corporation. The Governor shall be the president of the corporation, the Commissioner of the Department of Conservation and Natural Resources shall be its vice-president, and the Director of Finance shall be the secretary of the corporation. The State Treasurer shall be the treasurer of the corporation and shall act as custodian of its funds, but shall not be a member of the corporation. The members of the corporation shall constitute all the members of the board of directors of the corporation, and any three members of the said board of directors shall constitute a quorum for the transaction of business. All members of the board shall be notified of any meeting of the board of directors. Should any of said officials of the state die or should his term of office as Governor, Lieutenant Governor, President Pro Tempore of the Senate, Speaker of the House of Representatives, Commissioner of the Department of Conservation and Natural Resources, Director of Finance, State Treasurer, or designees, as the case may be, expire or should he resign therefrom, his successor in office shall take his place as a member, officer and director of the corporation, as the case may be. No member, officer or director of the corporation shall draw any salary, in addition to that now authorized by law, for any service he may render or any duty he may perform in connection with the corporation. All proceedings had and done by the board of directors shall be reduced to writing by the secretary of the corporation. Copies of such proceedings, when certified by the secretary of the corporation under the seal of the corporation, shall be received in all courts as prima facie evidence of the matters and things therein certified.
(Act 2000-708, p. 1487, §4.)
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https://law.justia.com/codes/alabama/title-9/chapter-14a/section-9-14a-5/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 9 - Conservation and Natural Resources.›Chapter 14A - Alabama Public Recreational and Historical Facilities Improvement Act.›Section 9-14A-5 - Alabama Public Historical Sites and Parks Improvement Corporation.
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2023 Code of Alabama › Title 9 - Conservation and Natural Resources. › Chapter 14A - Alabama Public Recreational and Historical Facilities Improvement Act. › Section 9-14A-5 - Alabama Public Historical Sites and Parks Improvement Corporation.
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Section 9-14A-5
Alabama Public Historical Sites and Parks Improvement Corporation.
(a) The Governor, the Lieutenant Governor or his or her designee, the President Pro Tempore of the Senate or his or her designee, the Speaker of the House of Representatives or his or her designee, the Commissioner of the Department of Conservation and Natural Resources, and the Director of Finance of the state may become a corporation, with the powers and authorities hereinafter provided, by proceeding according to the provisions of this chapter. To become a corporation, the Governor, the Lieutenant Governor or his or her designee, the President Pro Tempore of the Senate or his or her designee, the Speaker of the House of Representatives or his or her designee, the Commissioner of the Department of Conservation and Natural Resources, and the Director of Finance shall present to the Secretary of State of Alabama an application signed by them which shall set forth:
(1) The name, official designation and official residence of each of the applicants, together with a certified copy of the commission evidencing each applicant's right to office.
(2) The date on which each applicant was inducted into office and the term of office of each of the applicants.
(3) The name of the proposed corporation created in this section shall be the Alabama Public Historical Sites and Parks Improvement Corporation.
(4) The location of the principal office of the proposed corporation, which shall be Montgomery, Alabama.
(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this chapter or the laws of the State of Alabama.
The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of the State of Alabama to take acknowledgments to deeds. The Secretary of State shall examine the application and, if he finds that it substantially complies with the requirements of this section, he shall receive and file it and record it in an appropriate book of records in his office.
(b) When the application has been made, filed and recorded, as herein provided, the applicants shall constitute a public corporation under the name proposed in the application and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this chapter, under the Great Seal of the State, and shall record the same with the application. There shall be no fees paid to the Secretary of State for any work in connection with the incorporation or dissolution of the corporation so organized (which, for convenience, is herein referred to as "the corporation").
(c) The applicants named in the application and their respective successors in office shall constitute the members of the corporation. The Governor shall be the president of the corporation, the Commissioner of the Department of Conservation and Natural Resources shall be its vice-president, and the Director of Finance shall be the secretary of the corporation. The State Treasurer shall be the treasurer of the corporation and shall act as custodian of its funds, but shall not be a member of the corporation. The members of the corporation shall constitute all the members of the board of directors of the corporation, and any three members of the said board of directors shall constitute a quorum for the transaction of business. All members of the board shall be notified of any meeting of the board of directors. Should any of said officials of the state die or should his term of office as Governor, Lieutenant Governor, President Pro Tempore of the Senate, Speaker of the House of Representatives, Commissioner of the Department of Conservation and Natural Resources, Director of Finance, State Treasurer or designees, as the case may be, expire or should he resign therefrom, his successor in office shall take his place as a member, officer and director of the corporation, as the case may be. No member, officer or director of the corporation shall draw any salary, in addition to that now authorized by law, for any service he may render or any duty he may perform in connection with the corporation. All proceedings had and done by the board of directors shall be reduced to writing by the secretary of the corporation and recorded in a substantially bound book. Copies of such proceedings, when certified by the secretary of the corporation under the seal of the corporation, shall be received in all courts as prima facie evidence of the matters and things therein certified.
(Act 2000-708, p. 1487, § 5.)
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