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35-10-70
Section 35-10-70 Definitions. As used in this chapter, the following terms have the following
meanings: (1) ACTIVE DUTY. Full-time duty in the active military service of the United States.
Active duty includes full-time training duty, annual training duty, and attendance, while
in the active military service, at a school designated as a military service school by law
or by the secretary of the military department concerned. Active duty does not include full-time
national guard duty. (2) MILITARY SERVICE. Any of the following: a. Active duty. b. If the
service member is a member of the Alabama National Guard, service under a call to active service
authorized by the President or the Secretary of Defense of the United States for a period
of more than 30 consecutive days under §32 USC 502(f) to respond to a national emergency
declared by the President of the United States and supported by federal money. c. A period
during which the service member is absent from active duty because of...
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31-12-2
Section 31-12-2 Relation to federal law. (a) Whenever any active member of the Alabama National
Guard, or a member of the national guard of another state who is employed in this state, in
time of war, armed conflict, or emergency proclaimed by the Governor or by the President of
the United States, shall be called or ordered to state active duty or federally funded duty
for other than training, the provisions of the federal Servicemembers Civil Relief Act (SCRA)
and the federal Uniformed Services Employment and Reemployment Rights Act shall apply. (b)
Those active members as defined in subsection (a) called or ordered to active duty for a period
of 30 consecutive days or more shall be eligible for military differential pay pursuant to
Section 31-12-5 and restoration of annual or sick leave pursuant to Section 31-12-8. (Act
2002-430, p. 1123, §2; Act 2017-258, §1.)...
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31-2-72
Section 31-2-72 General officers of the line. General officers of the line shall be appointed
under the rules and regulations of the Department of Defense. Such officers shall be appointed
by the Governor from among active officers of the National Guard of Alabama, who have not
less than six years' active service in the National Guard of Alabama, with the advice and
consent of the Senate. Vacancies in the offices caused by death, resignation, or removal while
the Senate is not in session shall be filled by recess appointments by the Governor; provided,
that should the vacancies in the grade of general officer of the line be in an organization
in which the State of Alabama has joint interest with another state or states, the Governor
is authorized to enter into a conference through the Military Department of the state with
the other states concerned for the purpose of determining which state shall, with the concurrence
of the other states, nominate the general officer to fill such...
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31-2-51
Section 31-2-51 Commander in Chief - Designated. The Governor of Alabama, or any other person
lawfully administering the duties of the office of the Governor of the state, shall be Commander
in Chief of all the military and naval forces of the state, except when they shall be called
or ordered into the service of the United States, and he shall have the power to embody the
militia to repel invasion, suppress insurrection, and enforce the execution of the laws, but
shall not command personally in the field unless advised to do so by resolution of the Legislature.
(Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §58; Acts 1973, No. 1038, p. 1572,
§52.)...
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31-2-53
Section 31-2-53 Personal military staff of Governor. The personal military staff of the Governor
shall consist of one officer with the rank of colonel and as many other officers as the Governor
may consider appropriate with the rank of lieutenant colonel or commander, all of whom shall
be appointed and commissioned by the Governor and shall hold office at his pleasure. All such
officers shall be commissioned in the State Militia as aides-de-camp to the Governor, but
no such officer shall be barred, by reason of being a member of the staff, from holding an
active commission in the Alabama National Guard or the Alabama State Guard or a reserve commission
in the Armed Forces of the United States or any civil office or employment under this state
or any agency or political subdivision thereof. No member of the staff shall by virtue of
such membership exercise any command or control over any part of the Alabama National Guard.
(Acts 1939, No. 509, p. 774; Code 1940, T. 35, §61; Acts 1973,...
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31-2-39
Section 31-2-39 Emergency purchases. No officer or member of the armed forces of the state
shall incur any expenses whatsoever to be paid by the state, except such expenses as are authorized
in this chapter, without first obtaining the consent of the Governor or of the Adjutant General;
provided that in extreme emergencies, the commanding officer of any unit of the armed forces
of the state in the active military or naval service of the state or undergoing field training
may hire, rent, or make purchases of such necessities as are absolutely required for the immediate
use and care of his command in the execution of such training or of the mission for which
he is in the active military or naval service of the state. A report of such action, containing
a statement of the articles hired, rented, or purchased, the price thereof and the necessity
therefor, shall be immediately forwarded through channels to the Adjutant General of the state,
who shall forward such statement to the Governor...
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31-1-3
Section 31-1-3 Revolving fund for payment of operating and maintaining quarters; funding; annual
budget; using profits to upgrade facilities; deposit of funds. (a) There is hereby created
in the State Military Department a revolving fund for the payment of operating and maintaining
quarters at Alabama National Guard training sites for senior officers and enlisted personnel.
(b) There is hereby appropriated and allocated to the State Military Department for the revolving
fund a one-time sum of $25,000.00 from the State General Fund for payment of salaries, janitorial
supplies, equipment, furnishings, and other essential expenses to operate, maintain, and enhance
billeting facilities for troops utilizing the training site facilities. (c) The $25,000.00
herein appropriated and allocated shall be designated as the Military Department Billeting
Revolving Fund and shall be used only for the purpose of providing services, supplies, equipment
and furnishings necessary to operate, maintain, and...
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31-2-110
Section 31-2-110 Ordering out of troops - Restrictions. No portion of the National Guard of
Alabama shall be called into service, or be used in the enforcement of the laws of the state,
without the authority of the Governor, except in those cases authorized by this chapter. (Acts
1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §160; Acts 1973, No. 1038, p. 1572, §111.)...
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31-2-132
Section 31-2-132 Regular military appropriations. The Legislature of Alabama shall appropriate
during each of its regular sessions, or during such other sessions as conditions may require,
a sufficient sum of money, based upon estimates and recommendations of the Adjutant General
and approved by the Governor, for the purpose of defraying the expenses of the Military Department
in carrying out the provisions of this chapter, and such other expenses connected with the
organization, maintenance, support, upkeep, administration, armament, training, and discipline
of the National Guard of Alabama and such other expenses of a general or special nature, as
may be to the interest and benefit of the National Guard, as the Governor may approve. Any
appropriations made by law for payment of salaries or other expenses of any agency of the
state which shall be merged or consolidated with or made a part or subdivision of the Military
Department, shall be merged with and become a part of the...
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31-2-80
Section 31-2-80 Exemption from ad valorem taxes of property owned or leased by units of armed
forces. All property, both real and personal, belonging to a unit of the armed forces of the
state, officially recognized as such by the federal government, shall be exempt from ad valorem
taxes, state, county, and municipal. This exemption shall apply to real property when leased
to any unit of the Alabama National Guard, provided the agreement or contract of lease is
approved in writing by the Adjutant General, while the same is under the custody and control
of the National Guard unit, and said exemption shall not be vitiated should the National Guard
organization sublease a part of the premises when the rental derived from such lease is used
entirely and solely for the benefit of the National Guard organization, and when such sublease
or permissive use shall be subject to immediate termination by the National Guard unit at
the discretion of the Governor. (Acts 1936, Ex. Sess., No. 143, p....
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