For the purposes of this chapter, the following terms shall have the following meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
(1) ADVISORY COUNCIL. A group of 13 voting members consisting of: Two representatives of the Department of Revenue, a representative of the Department of Public Safety, and a representative of the Department of Insurance as well as three insurance company representatives appointed by the Commissioner of Insurance, a representative of the American Insurance Association, a representative of the National Association of Mutual Insurance Companies, a representative of the Property and Casualty Insurers Association of America, a representative of the Alabama Independent Agents Association, a representative of the Alabama Probate Judges Association appointed by the president of the association, and a representative of the Alabama Association of Tax Administrators appointed by the president of the association. This group shall be chaired by the Commissioner of Revenue or his or her designee.
(2) COMMERCIAL AUTOMOBILE LIABILITY INSURANCE POLICY. An insurance policy as defined in Section 32-7A-2.
(3) DEPARTMENT. The Department of Revenue.
(4) INSURER. An insurance company licensed or authorized to do business in this state and insuring motor vehicles.
(5) MOTOR VEHICLE. A motor vehicle as defined in Section 32-7A-2.
(6) ONLINE INSURANCE VERIFICATION SYSTEM. An online insurance verification system using web services as recommended by the Insurance Industry Committee for Motor Vehicle Administration, developed by the advisory council, and adopted by the department.
","history":"(Act 2011-688, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30743,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29914,"codeId":41741,"versionId":34007,"parentId":41738,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7B-3","shortTitle":"Section 32-7B-3","catchLine":"Establishment of the Online Insurance Verification System.","title":"Section 32-7B-3 Establishment of the Online Insurance Verification System.","sectionRange":null,"content":"(a) The department shall convene an advisory council for the purpose of the following:
(1) Facilitating the implementation of the online insurance verification system.
(2) Assisting in the development of a detailed guide for insurers providing for the data fields and other information necessary for compliance along with other necessary regulations.
(3) Coordinating and conducting a testing phase as prescribed by the advisory council.
(4) Identifying necessary changes during the testing phase, as prescribed by the advisory council.
(5) Issuing recommendations based on periodic reviews of the online insurance verification system by the advisory council. The advisory council shall issue a report to the Departments of Revenue, Public Safety, and Insurance 12 months after the online insurance verification system is implemented to evaluate the system’s effectiveness in identifying uninsured motorists, and annually thereafter on or before January 1 of each year. The advisory council may also issue recommendations for system enhancements in such report.
(b) The department shall:
(1) Cooperate with insurers in implementing the online insurance verification system.
(2) Conduct a pilot project to test the online insurance verification system prior to statewide use.
(3) Establish the online insurance verification system framework necessary to inquire of insurers by using multiple keys for greater matching accuracy, including, but not limited to: Insurer NAIC number, vehicle identification numbers, policy number and other key or keys specified by the advisory council.
(4) Be responsible for keeping the advisory council informed on implementation status.
(c) Each insurer shall cooperate with the department in establishing the online insurance verification system.
","history":"(Act 2011-688, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30744,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29915,"codeId":41742,"versionId":34008,"parentId":41738,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7B-4","shortTitle":"Section 32-7B-4","catchLine":"Functions of the Online Insurance Verification System.","title":"Section 32-7B-4 Functions of the Online Insurance Verification System.","sectionRange":null,"content":"The online insurance verification system shall:
(1) Be accessible by authorized personnel of the department for direct inquiry. Access by the courts, insurers, law enforcement, and offices of the licensing officials charged with motor vehicle registration and titling responsibilities shall be through authorized personnel of the department. Insurer access shall be limited to data or information transmission as required to operate the online insurance verification system.
(2) Be able to verify, on a 24-hour, seven days per week basis, minus permitted down time for system maintenance as prescribed by the advisory council, the insurance status of a motor vehicle via the Internet, or similar electronic system consistent with insurance industry and IICMVA recommendations and the specifications and standards of the IICMVA model dated May 8, 2008, or later models as recommended by the advisory council and adopted by the department.
(3) Be able to access insurers by using multiple keys for greater matching accuracy, including, but not limited to: Insurer NAIC number, vehicle identification numbers, policy number and other key or keys specified by the advisory council.
(4) Provide data security for the type of information transferred as prescribed by the advisory council.
(5) Utilize open and agreed to data and data transmission standards and standard schema as specified by the advisory council.
","history":"(Act 2011-688, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30745,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29916,"codeId":41743,"versionId":34009,"parentId":41738,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7B-5","shortTitle":"Section 32-7B-5","catchLine":"Responsibilities of Insurers.","title":"Section 32-7B-5 Responsibilities of Insurers.","sectionRange":null,"content":"Each insurer shall do the following:
(1) Cooperate with the department in operating the online insurance verification system.
(2) Maintain the data necessary to verify insurance status through the online insurance verification system for a period of at least six months.
(3) Maintain the web service, pursuant to the requirements established under the online insurance verification system and as specified by the advisory council.
(4) Provide data security for the type of information transferred as prescribed by the advisory council that will not violate state or federal privacy laws.
(5) Be immune from civil and administrative liability for good faith efforts to comply with the terms of this chapter.
(6) Provide an insured under a commercial automobile insurance liability policy with an insurance card clearly indicating that the vehicle is insured under a commercial automobile liability insurance policy in accordance with Section 32-7A-6.
(7) Nothing in this section prohibits an insurer from using the services of a third party vendor for facilitating the online insurance verification system required by this chapter.
","history":"(Act 2011-688, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30746,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29917,"codeId":41744,"versionId":34010,"parentId":41738,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7B-6","shortTitle":"Section 32-7B-6","catchLine":"Responsibilities of the Department.","title":"Section 32-7B-6 Responsibilities of the Department.","sectionRange":null,"content":"The department shall do the following:
(1) Cooperate with insurers in operating the online insurance verification system.
(2) Maintain the list of authorized requesting entities and individuals and make that a part of the online insurance verification system.
(3) Maintain the online insurance verification system framework necessary to inquire of insurers using the key or keys in accordance with subdivision (3) of Section 32-7B-4.
(4) Provide data security for the type of information transferred as prescribed by the advisory council. Data secured via the online insurance verification system may not be shared with any party other than those permitted by state or federal privacy laws.
(5) Be responsible for keeping the advisory council informed on functionality, and planned or unplanned service interruptions.
(6) Provide alternative methods of reporting for small insurers writing no more than 500 vehicles in the state as prescribed by the department.
(7) Work with the advisory council on issues as they emerge for an equitable resolution for all parties.
(8) Maintain historical records of online insurance verification system data for a period as specified by the department.
(9) Provide a means to separately track or distinguish motor vehicles where the owner is a qualified self-insured and financial responsibility is provided via a certificate of insurance, a motor vehicle liability bond, a deposit of cash, or other such method as allowed by law.
(10) Nothing in this section prohibits the department from using the services of a third party vendor for facilitating the insurance verification program required by this law.
","history":"(Act 2011-688, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30747,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29918,"codeId":41745,"versionId":34011,"parentId":41738,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7B-7","shortTitle":"Section 32-7B-7","catchLine":"Nondiscriminatory Application.","title":"Section 32-7B-7 Nondiscriminatory Application.","sectionRange":null,"content":"Enforcement and investigative activities as they relate to the provisions of Act 2011-688 shall not be based on an individual’s race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, economic status, or geography.
","history":"(Act 2011-688, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30748,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29919,"codeId":48635,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"7C","shortTitle":"Chapter 7C","catchLine":"Transportation Network Company and Drivers; Insurance Requirements.","title":"Chapter 7C Transportation Network Company and Drivers; Insurance Requirements.","sectionRange":"§32-7C-1 to §32-7C-37","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30749,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29920,"codeId":53290,"versionId":null,"parentId":48635,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"Insurance Requirements.","title":"Article 1 Insurance Requirements.","sectionRange":"§32-7C-1 to §32-7C-4","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30750,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29921,"codeId":48636,"versionId":40676,"parentId":53290,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-1","shortTitle":"Section 32-7C-1","catchLine":"Definitions.","title":"Section 32-7C-1 Definitions.","sectionRange":null,"content":"For the purposes of this chapter, the following terms shall have the following meanings:
(1) DIGITAL NETWORK. Any online-enabled application, software, website, or system offered or utilized by a TNC that enables the prearrangement of a ride with a TNC driver.
(2) PERSONAL VEHICLE. A vehicle that meets both of the following criteria:
a. Is used by a TNC driver to provide a prearranged ride.
b. Is owned, leased, or otherwise authorized for use by a TNC driver.
(3) PREARRANGED RIDE. The provision of transportation by a TNC driver to a TNC rider, beginning when a TNC driver accepts a ride requested by a TNC rider through a digital network controlled by a TNC, continuing while the TNC driver transports the requesting TNC rider, and ending when the last requesting TNC rider departs from the personal vehicle of the TNC driver. A prearranged ride does not include transportation provided by any of the following pursuant to the Alabama Motor Carrier Act, Chapter 3 of Title 37:
a. A shared expense carpool or vanpool arrangement.
b. A regional transportation company or licensed motor carrier.
(4) TNC. A transportation network company that is a corporation, partnership, sole proprietorship, or other entity licensed and operating in this state that uses a digital network to connect a TNC rider to a TNC driver who provides a prearranged ride. A TNC may not control, direct, or manage the personal vehicle or the TNC driver who connects to its digital network, except where agreed to by written contract.
(5) TNC DRIVER. An individual who meets both of the following criteria:
a. Receives connections to potential riders and related services from a TNC in exchange for payment of a fee to the TNC.
b. Uses a personal vehicle to offer or provide a prearranged ride to a TNC rider upon connection through a digital network controlled by a TNC and in exchange for compensation or payment of a fee.
(6) TNC RIDER. An individual who uses the digital network of a TNC to connect with a TNC driver who provides a prearranged ride to the TNC rider in the personal vehicle of the TNC driver between points chosen by the TNC rider.
","history":"(Act 2016-409, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30751,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29922,"codeId":48637,"versionId":40677,"parentId":53290,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-2","shortTitle":"Section 32-7C-2","catchLine":"Insurance Requirements.","title":"Section 32-7C-2 Insurance Requirements.","sectionRange":null,"content":"(a) On or before October 30, 2016, and thereafter, a TNC driver or a TNC on the behalf of the TNC driver shall maintain primary automobile insurance that recognizes that the driver is a TNC driver or otherwise uses a vehicle to transport riders for compensation and covers the driver under both of the following circumstances:
(1) While the TNC driver is logged onto the digital network of a TNC.
(2) While the TNC driver is engaged in a prearranged ride.
(b)(1) The following automobile insurance requirements shall apply while a participating TNC driver is logged on to the digital network of a TNC and is available to receive transportation requests but is not engaged in a prearranged ride:
a. Primary automobile liability insurance in the amount of at least fifty thousand dollars ($50,000) for death and bodily injury per person, one hundred thousand dollars ($100,000) for death and bodily injury per incident, and twenty-five thousand dollars ($25,000) for property damage.
b. All other state mandated coverage for motor vehicles, including the requirements under the Motor Vehicle Safety-Responsibility Act, Chapter 7 of this title.
(2) The coverage requirements of this subsection may be satisfied by any of the following:
a. Automobile insurance maintained by the TNC driver.
b. Automobile insurance maintained by the TNC.
c. Any combination of a. and b.
(c)(1) The following automobile insurance requirements shall apply while a TNC driver is engaged in a prearranged ride:
a. Primary automobile liability insurance that provides at least one million dollars ($1,000,000) for death, bodily injury, and property damage.
b. All other state mandated coverage for motor vehicles, including the requirements under the Motor Vehicle Safety-Responsibility Act, Chapter 7 of this title.
(2) The coverage requirements of this subsection may be satisfied by any of the following:
a. Automobile insurance maintained by the TNC driver.
b. Automobile insurance maintained by the TNC.
c. Any combination of a. and b.
(d) If insurance maintained by a TNC driver under subsection (b) or (c) has lapsed or does not provide the required coverage, insurance maintained by a TNC shall provide the coverage required by this chapter beginning with the first dollar of a claim and shall have the duty to defend the claim.
(e) Coverage under an automobile insurance policy maintained by a TNC may not be made dependent on a personal automobile insurer first denying a claim and a personal automobile insurance policy may not be required to first deny a claim.
(f) Insurance required by this chapter may be placed with an insurer licensed under state law or with a surplus lines insurer eligible under state law that has a credit rating of no less than A- from A.M. Best or A from Demotech or a similar rating from another rating agency recognized by the Department of Insurance.
(g)(1) Insurance satisfying the requirements of this chapter shall satisfy the financial responsibility requirement for a motor vehicle under the Motor Vehicle Safety-Responsibility Act, Chapter 7 of this title.
(2) Nothing in this chapter shall relieve a TNC driver not logged onto the digital network of a TNC or not engaged in a prearranged ride from the financial responsibility requirements for a motor vehicle under the Motor Vehicle Safety-Responsibility Act, Chapter 7 of this title.
(h)(1) A TNC driver shall carry proof of coverage satisfying this chapter with him or her at all times during his or her use of a vehicle in connection with the use of a digital network of a TNC.
(2) In the event of an accident, a TNC driver shall provide this insurance coverage information to the directly interested parties, automobile insurers, and investigating police officers.
(3) Upon request, a TNC driver shall also disclose to directly interested parties, automobile insurers, and investigating police officers, whether he or she was logged on to the digital network of a TNC or on a prearranged ride at the time of an accident.
(i) This chapter shall have no effect or limitation on the rights of a TNC rider to coverage that may be available for underinsured or uninsured motorist coverages pursuant to Section 32-7-23 as an additional recovery beyond any insurance coverage available to the TNC rider under this chapter.
(j) No contract between a TNC and a TNC driver or TNC rider shall diminish the automobile insurance requirements under this chapter.
","history":"(Act 2016-409, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30752,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29923,"codeId":48638,"versionId":40678,"parentId":53290,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-3","shortTitle":"Section 32-7C-3","catchLine":"Disclosure Requirements.","title":"Section 32-7C-3 Disclosure Requirements.","sectionRange":null,"content":"The TNC shall disclose in writing to a TNC driver before the TNC driver is allowed to accept a request for a prearranged ride on the digital network of the TNC both of the following:
(1) The insurance coverage, including the types of coverage and the limits for each coverage, that the TNC provides while the TNC driver uses a personal vehicle in connection with the use of the digital network of a TNC.
(2) That the automobile insurance policy of the TNC driver may not provide any coverage while the TNC driver is logged on to the digital network of a TNC and is available to receive transportation requests or is engaged in a prearranged ride, depending on its terms.
","history":"(Act 2016-409, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30753,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29924,"codeId":48639,"versionId":40679,"parentId":53290,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-4","shortTitle":"Section 32-7C-4","catchLine":"Coverage Exclusions; Disclosures.","title":"Section 32-7C-4 Coverage Exclusions; Disclosures.","sectionRange":null,"content":"(a) Insurers that write automobile insurance in this state may exclude any and all coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a TNC driver is logged on to the digital network of a TNC or while a TNC driver provides a prearranged ride.
(b) The right to exclude all coverage may apply to any coverage included in an automobile insurance policy, including, but not limited to, any of the following:
(1) Liability coverage for bodily injury and property damage.
(2) Personal injury protection coverage as defined by state law.
(3) Uninsured and underinsured motorist coverage.
(4) Medical payments coverage.
(5) Comprehensive physical damage coverage.
(6) Collision physical damage coverage.
(c) The exclusions under this section shall apply notwithstanding any requirements under the Motor Vehicle Safety-Responsibility Act, Chapter 7 of this title.
(d) Nothing in this section implies or requires that a personal automobile insurance policy provide coverage while the TNC driver is logged on to the digital network of a TNC, while the TNC driver is engaged in a prearranged ride, or while the TNC driver otherwise uses a vehicle to transport passengers for compensation.
(e) Nothing in this chapter shall require an insurer to use any particular policy language or reference to this section in order to exclude any and all coverage for any loss or injury that occurs while a driver is logged on to the digital network of a TNC or while a TNC driver provides a prearranged ride.
(f) Nothing shall preclude an insurer from providing primary or excessive coverage for the personal vehicle of a TNC driver, if it so chooses to do so by contract or by endorsement.
(g)(1) Automobile insurers that exclude the coverage described in this chapter shall have no duty to defend or indemnify any claim expressly excluded.
(2) Nothing in this chapter shall invalidate or limit an exclusion contained in a policy, including any policy in use or approved for use in this state prior to August 1, 2016, that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public.
(h) An automobile insurer that defends or indemnifies a claim against a TNC driver that is excluded under the terms of its policy shall have a right of contribution against other insurers that provide automobile insurance to the same TNC driver in satisfaction of the coverage requirements of this chapter at the time of loss.
(i) In a claims coverage investigation, a TNC, upon the request of a directly involved party or any insurer or lienholder of the TNC driver, if applicable, shall provide the precise times that a TNC driver logged on and off of the digital network of a TNC in the 12-hour period immediately preceding and in the 12-hour period immediately following the accident.
(j) Insurers potentially providing coverage as set forth in this chapter shall disclose upon request by any other insurer involved in the particular claim the applicable coverages, exclusions, and limits provided under any automobile insurance maintained in order to satisfy the requirements of this chapter.
(k)(1) A lender or a secured party of the motor vehicle of a TNC driver may require the TNC driver to maintain comprehensive damage coverage, collision damage coverage, or both, for the motor vehicle of a TNC driver, and may require the TNC driver to show evidence of the coverage to the lender or the secured party that would cover both the period when the TNC driver is logged onto the digital network of a TNC but is not engaged in a prearranged ride and when the TNC driver is engaged in a prearranged ride.
(2) If a TNC driver fails to maintain the required comprehensive or collision damage coverage or fails to show evidence to the lender or the secured party pursuant to this subsection, the lender or the secured party may obtain the coverage at the expense of the TNC driver without limiting or affecting any other rights or remedies of the lender or the secured party.
(l) If a lender or a secured party has a secured interest in the motor vehicle of a TNC driver and an insurer of a TNC makes a payment for a claim for damage to the motor vehicle of a TNC driver that is covered under comprehensive or collision damage coverage held by the TNC, the TNC shall then cause its insurer to issue the payment either directly to the vehicle repair shop or jointly to the owner of the motor vehicle and the primary lender or the secured party on the covered motor vehicle.
(m)(1) A TNC shall make the following disclosures to a prospective TNC driver in the terms of service of the prospective TNC driver:
a. If the vehicle that you plan to use to provide TNC services has a lien against it your usage may violate the terms of your contract with the lienholder.
b. You must notify the lienholder that you will be using the vehicle for transportation services.
(2) The disclosure required by this subsection shall be placed prominently in the written terms of service of the prospective TNC driver or on a separate disclosure, and the prospective TNC driver must acknowledge the terms of service or the separate disclosure electronically or by signature.
","history":"(Act 2016-409, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30754,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29925,"codeId":53291,"versionId":null,"parentId":48635,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Permit Requirements.","title":"Article 2 Permit Requirements.","sectionRange":"§32-7C-20 to §32-7C-37","content":null,"history":null,"numChildren":18,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30755,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29926,"codeId":50789,"versionId":43050,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-20","shortTitle":"Section 32-7C-20","catchLine":"Definitions.","title":"Section 32-7C-20 Definitions.","sectionRange":null,"content":"As used in this article, the following words shall have the following meanings:
(1) COMMISSION. The Public Service Commission.
(2) DIGITAL NETWORK. Digital network, as defined in Section 32-7C-1.
(3) GROSS TRIP FARE. The sum of the base fare charge, distance charge, and time charge for a complete trip at rates published on the TNC’s website. The term does not include any additional fees, including airport or venue fees.
(4) TNC. A transportation network company, as defined in Section 32-7C-1.
(5) TNC DRIVER. A TNC driver as defined in Section 32-7C-1.
(6) TNC RIDER. A TNC rider as defined in Section 32-7C-1.
(7) TNC VEHICLE. A personal vehicle, as defined in Section 32-7C-1.
(8) PREARRANGED RIDE. Prearranged ride, as defined in Section 32-7C-1.
","history":"(Act 2018-127, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30756,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29927,"codeId":50790,"versionId":43051,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-21","shortTitle":"Section 32-7C-21","catchLine":"Relation to Chapter 3 of This Title; Registration Requirements.","title":"Section 32-7C-21 Relation to Chapter 3 of This Title; Registration Requirements.","sectionRange":null,"content":"(a) A TNC or TNC driver is not a common carrier, contract carrier, or motor carrier, as defined in Section 37-3-2, does not provide taxi or for-hire vehicle services, and is not subject to the Alabama Motor Carrier Act, Chapter 3, Title 37.
(b) A TNC driver is not required to register the vehicle that the TNC driver uses to provide prearranged rides under this article as a commercial motor vehicle or for-hire vehicle under the Alabama Motor Carrier Act, Chapter 3, Title 37.
","history":"(Act 2018-127, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30757,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29928,"codeId":50791,"versionId":43052,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-22","shortTitle":"Section 32-7C-22","catchLine":"Permit Requirements.","title":"Section 32-7C-22 Permit Requirements.","sectionRange":null,"content":"(a) A person may not operate a TNC in the state without first having obtained a permit from the commission.
(b) The commission shall issue a permit to each applicant that meets the requirements for a TNC under this article and may require the permit to be renewed annually.
(c) A TNC operating under a municipal ordinance in a municipality of this state on June 30, 2018, may operate at any location in this state without the permit required under subsection (a) until the later of:
(1) The thirtieth day after the date the permit process is adopted by the commission.
(2) The date the TNC’s application for a permit under this section, submitted to the commission before the date described in subdivision (1), is approved or denied.
(d) Any person who operates a TNC without having obtained a permit in accordance with this section is guilty of a Class C misdemeanor.
","history":"(Act 2018-127, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30758,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29929,"codeId":50792,"versionId":43053,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-23","shortTitle":"Section 32-7C-23","catchLine":"Local Assessment Fees; Quarterly Reports; Distribution of Funds; Audits.","title":"Section 32-7C-23 Local Assessment Fees; Quarterly Reports; Distribution of Funds; Audits.","sectionRange":null,"content":"(a) A TNC shall collect a local assessment fee equal to one percent of the gross trip fare for all prearranged rides that originate in the state in accordance with this article.
(b)(1) No later than 30 days after the end of each calendar quarter, a TNC shall submit to the commission all of the following:
a. The total local assessment fees collected by a TNC.
b. For prearranged rides that originated within a municipality, a report listing the percentage of the gross trip fare that originated in each municipality during the reporting period.
c. For prearranged rides that originated outside a municipality, a report listing the percentage of the gross trip fare that originated in the unincorporated portion of each county during the reporting period.
(2) The TNC shall be responsible for determining whether a prearranged ride originated within the boundaries of a municipality or originated within the unincorporated portion of a county.
(c) To ensure proper distribution of the local assessment fee, the commission shall prepare and make available for public use Geographic Information System (GIS) data in the form of a file showing the state’s county and municipal boundaries. To the extent the commission updates the GIS file, the commission shall notify TNCs and make available to TNCs the updated GIS file. In addition to the requirements of this section, municipalities shall provide annexation information to the commission within 30 days after the annexation is complete. Such information shall include a written description of the boundary, along with a map or plat that clearly defines the new territory added.
(d) The local assessment fees submitted to the commission shall be administered by the commission and may only be expended as provided in this section. The commission may retain an amount necessary to cover the expenses derived from regulation of TNCs and the collection, remittance, and distribution of local assessment fees pursuant to this section, provided the amount retained may not exceed 50 percent of the total local assessment fees collected.
(e) No later than 60 days after the end of each calendar quarter, the commission shall distribute the local assessment fees collected for the preceding calendar quarter, minus the amount retained pursuant to subsection (d), to each municipality where a prearranged ride originated and to each county where a prearranged ride originated in the unincorporated portion of the county, during that calendar quarter. The distribution shall be proportionate to the percentage of the gross trip fare that originated in each applicable municipality and unincorporated portion of a county.
(f) No more than every two years, the commission may request that a TNC engage an independent third party auditor to verify the local assessment fees submitted to the commission pursuant to subdivision (1) of subsection (b) are accurate. The TNC that is subject to the audit shall engage the independent third party auditor, which shall be selected at the sole discretion of the TNC, and bear all costs associated with the third party audit. The independent third party auditor must be a certified public accounting firm licensed in the state and qualified to perform engagements in accordance with American Institute of Certified Public Accountants standards. The TNC shall provide the commission with a copy of the third party audit report within 15 days of completion, which shall in no event occur later than 90 days after receipt of the commission’s written request. The third party audit shall be limited to two calendar quarters that may be selected by the commission. If any underpayment of over three percent is identified through the audit, the TNC shall remit the underpaid local assessment fees to the appropriate municipality or county.
(g) The governing body of a municipality that enacted a TNC ordinance prior to January 1, 2018, and permitted at least one TNC to operate prior to January 1, 2018, pursuant to the TNC ordinance, may request the commission to review the portions of a third party audit report provided to the commission pursuant to subsection (f) that are applicable to the municipality. If no third party audit report is available for a TNC from the prior two-year period at the time of the governing body’s request, the governing body that enacted a TNC ordinance prior to January 1, 2018, and permitted at least one TNC to operate prior to January 1, 2018, may request the commission to initiate an audit pursuant to subsection (f).
(h) Any record maintained by a TNC or submitted to the commission or a political subdivision of the state pursuant to this section shall be considered tax information and may not be disclosed, as provided in subsection (a) of Section 40-2A-10, except as otherwise provided in this section.
","history":"(Act 2018-127, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30759,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29930,"codeId":50793,"versionId":43054,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-24","shortTitle":"Section 32-7C-24","catchLine":"Agent for Service of Process.","title":"Section 32-7C-24 Agent for Service of Process.","sectionRange":null,"content":"A TNC shall maintain an agent for service of process in the state.
","history":"(Act 2018-127, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30760,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29931,"codeId":50794,"versionId":43055,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-25","shortTitle":"Section 32-7C-25","catchLine":"Fares.","title":"Section 32-7C-25 Fares.","sectionRange":null,"content":"A TNC may charge a fare for the services provided to a TNC rider. If a fare is collected from a rider, the TNC shall disclose to the rider the fare or fare calculation on its digital network. If the fare is not disclosed to the rider before the beginning of the prearranged ride, the rider shall have the option to receive an estimated fare before the beginning of the prearranged ride.
","history":"(Act 2018-127, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30761,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29932,"codeId":50795,"versionId":43056,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-26","shortTitle":"Section 32-7C-26","catchLine":"Tnc Digital Network Requirements.","title":"Section 32-7C-26 Tnc Digital Network Requirements.","sectionRange":null,"content":"The TNC’s digital network shall display a picture of the TNC driver, the first name of the TNC driver, and the make, model, and license plate number of the TNC driver’s vehicle before the rider enters the TNC vehicle.
","history":"(Act 2018-127, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30762,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29933,"codeId":50796,"versionId":43057,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-27","shortTitle":"Section 32-7C-27","catchLine":"Electronic Receipt.","title":"Section 32-7C-27 Electronic Receipt.","sectionRange":null,"content":"Within a reasonable period of time following the completion of a trip, a TNC shall transmit an electronic receipt to the rider that lists all of the following:
(1) The origin and destination of the trip.
(2) The total time and distance of the trip.
(3) The total fare paid.
(4) The TNC driver’s first name.
","history":"(Act 2018-127, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30763,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29934,"codeId":50797,"versionId":43058,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-28","shortTitle":"Section 32-7C-28","catchLine":"Automobile Insurance.","title":"Section 32-7C-28 Automobile Insurance.","sectionRange":null,"content":"A TNC driver or a TNC on behalf of the TNC driver shall maintain automobile insurance pursuant to Article 1 of this chapter.
","history":"(Act 2018-127, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30764,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29935,"codeId":50798,"versionId":43059,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-29","shortTitle":"Section 32-7C-29","catchLine":"Tnc Driver Applicant Requirements; Impersonating a Tnc Driver.","title":"Section 32-7C-29 Tnc Driver Applicant Requirements; Impersonating a Tnc Driver.","sectionRange":null,"content":"(a) Before allowing an individual to accept trip requests through a TNC’s digital network as a TNC driver, all of the following must occur:
(1) The individual shall submit an application to the TNC that includes information regarding his or her address, age, driver’s license, motor vehicle registration, and other information required by the TNC.
(2) The TNC shall conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include a review of the following:
a. A multistate or multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search).
b. The United States Department of Justice National Sex Offender Public Website.
(3) The TNC shall obtain and review, or have a third party obtain and review, a driving history report of each applicant.
(b) The TNC may not permit an individual to act as a TNC driver on its digital network who:
(1) Has had more than three moving violations in the prior three-year period, or one of the following major violations in the prior three-year period:
a. Fleeing or attempting to elude a law enforcement officer.
b. Reckless driving.
c. Driving with a suspended or revoked license.
(2) Has been convicted, within the past seven years, of any of the following:
a. A felony.
b. Misdemeanor driving under the influence, reckless driving, hit and run, or any other misdemeanor violent offense or sexual battery.
(3) Is a match in the United States Department of Justice National Sex Offender Public Website.
(4) Does not possess a valid driver’s license.
(5) Does not possess proof of registration for the motor vehicle or vehicles the applicant intends to use to provide prearranged rides.
(6) Does not maintain proof of or does not possess automobile insurance required under Article 1 of this chapter.
(7) Is under the age of 19 years.
(c) (1) Any individual who impersonates a TNC driver without having met the requirements of this section is guilty of a Class C misdemeanor.
(2) If an individual unlawfully impersonates a TNC driver under subdivision (1) while committing a felony, the unlawful impersonation may be an aggravating factor under Section 12-25-34.2, for sentencing purposes.
","history":"(Act 2018-127, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30765,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29936,"codeId":50799,"versionId":43060,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-30","shortTitle":"Section 32-7C-30","catchLine":"Zero Tolerance Intoxicating Substance Policy; Violations.","title":"Section 32-7C-30 Zero Tolerance Intoxicating Substance Policy; Violations.","sectionRange":null,"content":"(a) A TNC shall establish and enforce a zero tolerance intoxicating substance policy for TNC drivers that prohibits any amount of intoxication of the driver while providing transportation network services.
(b) The TNC shall include on its website a notice concerning the TNC’s zero tolerance intoxicating substance policy and the means to make a complaint about a suspected violation of the policy.
(c) Upon receipt of a rider complaint alleging a violation of the zero tolerance intoxicating substance policy, the TNC shall immediately suspend the TNC driver’s access to the TNC’s digital network and conduct an investigation into the reported incident. The suspension shall last the duration of the investigation.
","history":"(Act 2018-127, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30766,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29937,"codeId":50800,"versionId":43061,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-31","shortTitle":"Section 32-7C-31","catchLine":"Accepting Trips Outside Tnc Digital Network.","title":"Section 32-7C-31 Accepting Trips Outside Tnc Digital Network.","sectionRange":null,"content":"A TNC driver may not accept a trip for compensation, including soliciting or accepting passenger rides on demand or through a street hail, other than a trip arranged through a TNC’s digital network. Any individual who violates this section is guilty of a Class C misdemeanor.
","history":"(Act 2018-127, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30767,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29938,"codeId":50801,"versionId":43062,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-32","shortTitle":"Section 32-7C-32","catchLine":"Nondiscrimination Policy.","title":"Section 32-7C-32 Nondiscrimination Policy.","sectionRange":null,"content":"(a) A TNC shall adopt a policy of nondiscrimination against riders or potential riders who are protected by Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et. seq. or the Americans With Disabilities Act of 1990.
(b) TNC drivers shall comply with all applicable laws relating to the transportation of service animals.
(c) A TNC may not impose additional charges for providing services to individuals with physical disabilities because of those disabilities.
","history":"(Act 2018-127, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30768,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29939,"codeId":50802,"versionId":43063,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-33","shortTitle":"Section 32-7C-33","catchLine":"Recordkeeping; Inspection; Audit Analysis; Disclosure of Information.","title":"Section 32-7C-33 Recordkeeping; Inspection; Audit Analysis; Disclosure of Information.","sectionRange":null,"content":"(a) A TNC shall maintain the following records:
(1) Individual trip records for at least two years from the date each trip was provided.
(2) Individual records of TNC drivers at least two years from the date on which a TNC driver’s relationship with the TNC ended.
(b) For the sole purpose of verifying that a TNC is in compliance with subsection (a) and Section 32-7C-29 and no more than annually, the commission may visually inspect a random sample of the records that the TNC is required to maintain pursuant to subsection (a). All samples shall include records sufficient to verify the TNC’s compliance with the background check requirements and standards set forth in Section 32-7C-29. The audit shall take place at a mutually agreed upon location in Montgomery, Alabama, or through a mutually agreed upon secure electronic process. Any record furnished to the commission may exclude information that would identify specific TNC drivers or riders, unless the commission demonstrates that there is good cause to inspect the identifying information.
(c) The governing body of a municipality that enacted a TNC ordinance prior to January 1, 2018, and permitted at least one TNC to operate prior to January 1, 2018, pursuant to the TNC ordinance, may request from the commission an analysis regarding a TNC’s compliance with Section 32-7C-29 as it applies to that municipality based on the audit performed by the commission pursuant to subsection (b). If the requested analysis reveals a TNC is not in compliance with Section 32-7C-29, the commission shall include that information in the analysis provided to the municipality and work in coordination with the governing body to bring the TNC into compliance. If no such audit analysis is available for a TNC from the prior one-year period at the time of the governing body’s request, the governing body that enacted a TNC ordinance prior to January 1, 2018, and permitted at least one TNC to operate prior to January 1, 2018, may request that the commission initiate an audit pursuant to subsection (b).
(d) In response to a specific complaint against a TNC driver or a TNC, the commission may inspect records held by the TNC pursuant to subsection (a) that are necessary to investigate and resolve the complaint. The inspection shall take place at a mutually agreed upon location in Montgomery, Alabama, or through a mutually agreed upon secure electronic process. Any record furnished to the commission may exclude information that would identify specific TNC drivers or riders, unless the identity of a driver or rider is relevant to the complaint.
(e) Any records, including any information contained therein that would identify specific TNC drivers or riders inspected by the commission under this section, are not public records and are not subject to disclosure to a third party by the commission without prior written consent of the TNC, and are exempt from disclosure under Section 36-12-40. Nothing in this section shall be construed as limiting the applicability of any other exemptions under Section 36-12-40, or the validity of any court order.
(f) No political subdivision of the state, including the commission, may disclose any records, data, or information provided by a TNC pursuant to this article to a third party absent a court order or subpoena. In the event that records, data, or information provided pursuant to this article is sought through a court order or subpoena, the commission or other political subdivision shall promptly notify the TNC to afford the TNC the opportunity to take actions to prevent disclosure.
","history":"(Act 2018-127, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30769,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29940,"codeId":50803,"versionId":43064,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-34","shortTitle":"Section 32-7C-34","catchLine":"Penalties for Violations.","title":"Section 32-7C-34 Penalties for Violations.","sectionRange":null,"content":"(a) The failure of a TNC to comply with this article or rule adopted pursuant to this article or a commission order issued pursuant to this article may result in the revocation of the TNC’s permit by the commission or the assessment of a civil penalty, or both, in accordance with procedures established by the commission. The civil penalty for TNCs may not exceed five hundred dollars ($500) for each violation for each day the TNC knew or should have known about the violation.
(b) The failure by a TNC driver to comply with this article or rule adopted pursuant to this article or a commission order issued pursuant to this article may result in the suspension of the TNC driver from operating on any TNC’s digital network or the assessment of a civil penalty, or both, in accordance with procedures established by the commission. The civil penalty for TNC drivers may not exceed one hundred dollars ($100) for each violation for each day the TNC driver knew or should have known about the violation.
","history":"(Act 2018-127, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30770,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29941,"codeId":50804,"versionId":43065,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-35","shortTitle":"Section 32-7C-35","catchLine":"Rulemaking Authority.","title":"Section 32-7C-35 Rulemaking Authority.","sectionRange":null,"content":"The commission may adopt rules to implement and enforce this article in accordance with its established rules of practice and procedures, including, but not limited to, rules providing for safety inspections of TNC vehicles and establishing requirements for a distinctive TNC emblem or signage, known as trade dress, to be displayed on the exterior of a TNC vehicle.
","history":"(Act 2018-127, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30771,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29942,"codeId":50805,"versionId":43066,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-36","shortTitle":"Section 32-7C-36","catchLine":"Legislative Intent, Scope, and Construction of Article.","title":"Section 32-7C-36 Legislative Intent, Scope, and Construction of Article.","sectionRange":null,"content":"(a) It is the intent of the Legislature to provide for uniformity of laws governing TNCs, TNC drivers, and TNC vehicles throughout the state, and to provide that TNCs, TNC drivers, and TNC vehicles be governed exclusively by state law, including Article 1 of this chapter, governing insurance requirements for TNCs and TNC drivers, and any rules adopted by the commission consistent with this article.
(b) A county, municipality, special district, airport authority, port authority, or other local governmental entity or subdivision may not do any of the following:
(1) Impose a tax on, or require a license for, a TNC or a TNC driver or TNC vehicle if the tax or license relates to providing prearranged rides.
(2) Require a TNC or a TNC driver to obtain a business license or any other type of similar authorization to operate within the jurisdiction.
(3) Subject a TNC, a TNC driver, or a TNC vehicle to a rate, entry, operation, or other requirement of the county, municipality, special district, airport authority, port authority, or other local governmental entity if the rate, entry, operation, or other requirement relates to providing prearranged rides or transportation network services.
(c) This section does not prohibit the governing body of a municipality from electing by ordinance to prohibit TNCs from providing prearranged rides that originate within its corporate limits. Notwithstanding the foregoing, the governing body of a municipality may not specify additional or alternative requirements, taxes, or licenses for TNCs, TNC drivers, or TNC vehicles as conditions for operating within its corporate limits
(d) This section does not prohibit an airport or cruise terminal from charging reasonable pickup fees at that airport or cruise terminal, for use of the airport’s or cruise terminal’s facilities, or designating locations for staging, pickup, and other similar operations at the airport or cruise terminal.
(e) This section does not prohibit the Alabama State Port Authority from regulating access to its properties and facilities or from charging reasonable and necessary fees, provided the regulations, fees, and any required credentials are consistent with regulations, fees, and credentials that apply to taxicab companies.
(f) This section shall not be construed to prohibit any law enforcement officer from enforcing applicable criminal or traffic laws, or, in connection with the enforcement of applicable criminal or traffic laws, from requesting to review a TNC driver’s electronic waybill within the TNC’s digital network.
","history":"(Act 2018-127, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30772,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29943,"codeId":50806,"versionId":43067,"parentId":53291,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-7C-37","shortTitle":"Section 32-7C-37","catchLine":"Gis Data Availability.","title":"Section 32-7C-37 Gis Data Availability.","sectionRange":null,"content":"The Public Service Commission shall make available the GIS data required under subsection (c) of Section 32-7C-23 no later than July 1, 2018.
","history":"(Act 2018-127, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30773,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29944,"codeId":15810,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"8","shortTitle":"Chapter 8","catchLine":"Uniform Certificate of Title and Antitheft Act.","title":"Chapter 8 Uniform Certificate of Title and Antitheft Act.","sectionRange":"§32-8-1 to §32-8-88","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30774,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29945,"codeId":15811,"versionId":null,"parentId":15810,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§32-8-1 to §32-8-14","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30775,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29946,"codeId":15812,"versionId":12579,"parentId":15811,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-1","shortTitle":"Section 32-8-1","catchLine":"Short Title.","title":"Section 32-8-1 Short Title.","sectionRange":null,"content":"This chapter may be cited as the Alabama Uniform Certificate of Title and Antitheft Act.
","history":"(Acts 1973, No. 765, p. 1147, §49.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30776,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29947,"codeId":15818,"versionId":50852,"parentId":15811,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-2","shortTitle":"Section 32-8-2","catchLine":"Definitions.","title":"Section 32-8-2 Definitions.","sectionRange":null,"content":"For the purpose of this chapter, the following terms have the following meanings, except where the context clearly indicates a different meaning:
(1) CURRENT ADDRESS. A new address different from the address shown on the application or on the certificate of title. The owner, within 30 days after the address is changed from that shown on the application or on the certificate of title, shall notify the department of the change of address in the manner prescribed by the department.
(2) DEALER. A person licensed as an automobile or motor vehicle dealer, off-road vehicle dealer, or travel trailer dealer and engaged regularly in the business of buying, selling, or exchanging motor vehicles, trailers, semitrailers, trucks, tractors or other character of commercial or industrial motor vehicles, or travel trailers in this state, and having in this state an established place of business.
(3) DEPARTMENT. The Department of Revenue of this state.
(4) DESIGNATED AGENT. Each judge of probate, commissioner of licenses, director of revenue, or other county official in this state authorized and required by law to issue motor vehicle license tags, who may perform his or her duties under this chapter personally or through his or her deputies; the term shall also mean those dealers as herein defined who are appointed by the department as provided in Section 32-8-34 and such persons who are appointed by the department as provided in Section 32-8-34(c) to perform the duties of designated agent for the purposes of this chapter. Dealers or other designated persons may perform their duties under this chapter either personally, through any of their officers or employees, or through a title service provider.
(5) IMPLEMENT OF HUSBANDRY. Every vehicle designed and adapted exclusively for agricultural, horticultural, or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to licensing or registration if used upon the highways.
(6) LIEN. Every kind of written lease which is substantially equivalent to an installment sale or which provides for a right of purchase, conditional sale, reservation of title, deed of trust, chattel mortgage, trust receipt, and every written agreement or instrument of whatever kind or character whereby an interest other than absolute title is sought to be held or given on a motor vehicle.
(7) LIENHOLDER. Any person, firm, copartnership, association, or corporation holding a lien on a motor vehicle.
(8) MANUFACTURER. Any person regularly engaged in the business of manufacturing, constructing, assembling, importing, or distributing new motor vehicles, either within or without this state.
(9) MOTOR VEHICLE. The term shall include all of the following:
a. Every automobile, motorcycle, mobile trailer, semitrailer, truck, truck tractor, trailer, and other device that is self-propelled or drawn, in, upon, or by which any person or property is or may be transported or drawn upon a public highway except such as is moved by animal power or used exclusively upon stationary rails or tracks.
b. Every trailer coach and travel trailer manufactured upon a chassis or undercarriage as an integral part thereof drawn by a self-propelled vehicle.
c. Every off-road vehicle only as it relates to this chapter. An off-road vehicle dealer shall not be deemed a motor vehicle dealer for the purposes of Chapter 6.
(10) NEW VEHICLE. A motor vehicle that has never been the subject of a first sale for use by a new motor vehicle dealer as defined in Section 40-12-390 or an equivalently licensed dealer in another state and includes, among others, vehicles maintained in a dealer’s inventory, vehicles provided by the manufacturer or dealer for use by participants in charity, sporting, or other special events, vehicles used for drivers’ education, and vehicles delivered to customers that were subsequently returned to the dealer without a registration being issued on the vehicle.
(11) NONRESIDENT. Every person who is not a resident of this state.
(12) OFF-ROAD VEHICLE. a. A vehicle that is not designed and manufactured to meet Federal Motor Vehicle Safety Standards. The term includes all of the following:
1. A motorized vehicle 60 inches or less in width, measured from the outside of the tire rim to the outside of the tire rim directly across on the vehicle, having a dry weight of 1,500 pounds or less, designed to travel on three or more non-highway tires, and manufactured for off-road use by a single operator or by an operator and not more than one passenger as provided by the manufacturer.
2. A motorized vehicle generally capable of cross-country travel 80 inches or less in width, measured from the outside of the tire rim to the outside of the tire rim directly across on the vehicle, having a dry weight of 3,500 pounds or less, designed and manufactured to travel on four or more non-highway tires for off-road use by an operator and the number of passengers as provided by the manufacturer.
b. The term does not include any electric bicycle; golf cart; low-speed vehicle; mini-truck; vehicle used for military, fire, emergency, or law enforcement purposes; motorboat; vehicle used exclusively on airport property; any vehicle used primarily for agricultural purposes, farm tractors, or other self-propelled equipment for the purpose of harvesting and transporting forest products, clearing land for planting, providing utility services and maintenance, or earth moving, construction, or mining; or self-propelled lawnmowers, snowblowers, or garden or lawn tractors while being used exclusively for their designed purposes.
(13) OFF-ROAD VEHICLE DEALER. A person subject to Section 40-12-315 that is engaged in the business of buying, selling, exchanging, advertising, or negotiating the sale of off-road vehicles, not previously titled or registered in the person’s name, at retail to the public.
(14) OWNER. A person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security. Under any lease-purchase or installment sales agreement where a governmental agency, either city, county, or state, is the lessee or purchaser with a security interest or right to purchase, the lessee or purchaser shall be the owner for purposes of this chapter.
(15) PERSON. The term shall include every natural person, firm, copartnership, association, or corporation.
(16) PICKUP TRUCK. A truck with not more than two axles and a gross weight not exceeding 12,000 pounds.
(17) POLE TRAILER. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as logs, poles, pipes, boats, or structural members capable generally of sustaining themselves as beams between the supporting connections.
(18) SCRAP METAL PROCESSOR. Any person engaged in the business of buying scrap vehicles, automotive parts, or other metallic waste by weight to process the material into scrap metal for remelting purposes, who utilizes machinery and equipment for processing and manufacturing ferrous and nonferrous metallic scrap into prepared grades, and whose principal product is metallic scrap.
(19) SCRAP VEHICLE. Any vehicle that has been crushed or flattened by mechanical means or has been otherwise damaged to the extent that it cannot economically be repaired or made roadworthy.
(20) SECURITY AGREEMENT. A written agreement that reserves or creates a security interest.
(21) SECURITY INTEREST. An interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation. The term includes the interest of a lessor under a lease intended as security. A security interest is perfected when it is valid against third parties generally, subject only to specific statutory exceptions.
(22) SELF-PROPELLED CAMPERS OR HOUSE CARS. A self-propelled motor vehicle designed and used primarily for mobile living quarters. The living quarters on self-propelled campers or house cars are constructed as an integral part of the motor vehicle and are not detachable. Self-propelled campers or house cars are commonly known as motor homes, mobile homes, or recreational vehicles.
(23) SPECIAL MOBILE EQUIPMENT. Every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over the highway, including, but not limited to: ditch-digging apparatus; well-boring apparatus; road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, and self-propelled cranes; and earth-moving equipment. The term does not include manufactured homes, dump trucks, truck-mounted transit mixers, cranes, or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.
(24) STATE. A state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada.
(25) TRANSPORTER. A person engaged regularly in the business of either of the following:
a. Facilitating the delivery of motor vehicles, mobile homes, trailer coaches, travel trailers, house trailers, semitrailers or trailers, including utility trailers, or boats between manufacturers, distributors, dealers, or persons.
b. Facilitating the delivery of special mobile equipment from the manufacturer of the equipment to a facility of a dealer.
(26) TITLE SERVICE PROVIDER. A person who is bonded under Section 32-8-34(d) and authorized by the department to act as an agent for a fee or other consideration on behalf of the following persons in the performance of their duties under this chapter:
a. A dealer or other designated person appointed pursuant to Section 32-8-34(b) or (c) as a designated agent.
b. A lienholder who appears on a certificate of title.
c. Other persons as prescribed by the department.
(27) TRAVEL TRAILER. A vehicle without motive power, designed and constructed as a camping vehicle or a temporary dwelling, living, or sleeping place and designed to be drawn or pulled on the highway, also known as a house trailer, but not including folding or collapsible camping trailers as defined in this section.
(28) USED VEHICLE. A motor vehicle that has been the subject of a first sale for use, whether within this state or elsewhere, or is being sold by a used motor vehicle dealer as defined in Section 40-12-390.
(29) UTILITY TRAILER. A vehicle without motive power designed to be drawn by a passenger car or pickup truck, including folding or collapsible camping trailers.
(30) VEHICLE IDENTIFICATION NUMBER. The numbers and letters on a motor vehicle designated by the manufacturer or assigned by the department for the purpose of identifying the motor vehicle.
","history":"(Acts 1973, No. 765, p. 1147, §1; Acts 1985, 2nd Ex. Sess., No. 85-939, p. 249; Acts 1987, No. 87-806, p. 1581, §1; Acts 1989, No. 89-918, p. 1817, §1; Acts 1991, No. 91-694, p. 1340, §6; Act 2003-345, p. 870, §1; Act 2009-281, p. 472, §1; Act 2009-746, p. 2236, §2; Act 2010-579, p. 1283, §1; Act 2019-238, §1; Act 2021-426, §1; Act 2024-190, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30777,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29948,"codeId":15822,"versionId":45795,"parentId":15811,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-3","shortTitle":"Section 32-8-3","catchLine":"Powers and Duties of Department.","title":"Section 32-8-3 Powers and Duties of Department.","sectionRange":null,"content":"(a) The department shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out this chapter.
(b) The department may do any of the following:
(1) Make necessary investigations to procure information required to carry out this chapter.
(2) Adopt and enforce reasonable rules to carry out this chapter.
(3) Assign a new identification number to a vehicle if it has none, or its identification number is destroyed or obliterated, or its motor is changed, and shall issue a new certificate of title showing the new identification number.
(4) Revoke the authority of a dealer or other person appointed by the department to act as a designated agent under this chapter and rules adopted thereunder when the department finds that the dealer or other person has failed to faithfully perform his or her duties under this chapter or has been convicted of violating any felony provisions of this chapter or of Title 40.
(5) Revoke the authority of a title service provider to act as an agent on behalf of persons described in subdivision (22) of Section 32-8-2 when the department finds that the title service provider has failed to faithfully perform his or her duties under this chapter and rules adopted thereunder or has been convicted of violating any felony provisions of this chapter or of Title 40.
(c) The department, in accordance with applicable privacy and confidentiality statutes, rules, and regulations, may make available information concerning the status of a title on any vehicle as reflected by the records in a manner prescribed by the department. The department shall charge the fees set forth in Section 32-8-6; provided, that no fee shall be charged to Alabama law enforcement agencies or law enforcement agencies of any other state when that state furnishes like or similar information without charge to the department or to Alabama law enforcement agencies.
(d) Whenever this chapter provides that a written certificate or other document is to be filed with the department, the commissioner may establish procedures for and accept in lieu of such paper document a filing made by electronic means and may waive the notarization requirements as otherwise required by this chapter. The department may also establish procedures for the electronic transfer of title and the recording and release of security interests. The filing or transfer by electronic means shall be accepted only if the content of the filing satisfies all of the requirements of this chapter.
(e) The Department of Revenue may adopt rules for the implementation and administration of Act 2021-171.
","history":"(Acts 1973, No. 765, p. 1147, §26; Act 2003-345, p. 870, §1; Act 2009-281, p. 472, §1; Act 2009-746, p. 2236, §2; Act 2019-238, §1; Act 2021-171, §§2, 3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30778,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29949,"codeId":15825,"versionId":32944,"parentId":15811,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-6","shortTitle":"Section 32-8-6","catchLine":"Transaction Fees; Commissions; Disposition of Funds; Disclosure of Information.","title":"Section 32-8-6 Transaction Fees; Commissions; Disposition of Funds; Disclosure of Information.","sectionRange":null,"content":"(a) There shall be paid to the department for issuing and processing documents required by this chapter a fee of fifteen dollars ($15) for each of the following transactions:
(1) Each application for certificate of title;
(2) Each application for replacement or corrected certificate of title;
(3) Each application for certificate of title after transfer;
(4) Each notice of security interest;
(5) Each assignment by lienholder;
(6) Each application for ordinary certificate of title upon surrender of a distinctive certificate; or
(7) Each application for the title history on a vehicle.
(b) The designated agents shall add the sum of one dollar fifty cents ($1.50) for each transaction, as specified in subsection (a), processed for which this fee is charged to be retained as the agent’s commission for services rendered, and all other fees collected shall be remitted to the department in a manner prescribed by the department.
(c) If more than one transaction is involved in any application on a single vehicle and if supported by all required documents, the fee charged by the department and by the designated agent for processing and issuing shall be considered as only one transaction for which the designated agent shall receive and retain one dollar fifty cents ($1.50) and shall collect and remit to the department fifteen dollars ($15).
(d) Every transaction shall be accompanied by the fee specified in this chapter, regardless of whether the title is issued electronically or not, unless specifically exempted by this chapter.
(e) Notwithstanding any other provisions of this section, when any motor vehicle record, as prescribed by the department, is requested, other than a title history as provided in subdivision (7) of subsection (a), and the record is provided electronically or in the form of a printout of an electronic record, the fee shall be five dollars ($5). The five dollar ($5) fee shall be distributed as follows: Fifty percent shall be distributed to the State General Fund and the remaining 50 percent shall be retained by the department for use solely by the Motor Vehicle Division of the department for training and technological and processing improvements.
(f) The department may establish and charge a fee not greater than the fee provided in subsection (e) for motor vehicle records obtained through the national motor vehicle title information system and provided to end users. The fee shall be retained by the department for use solely by the motor division of the department for costs associated with providing the records, training, and technological and processing improvements.
(g) All motor vehicle title records, registration records, and any other motor vehicle records as designated by the department containing personal information as defined under state or federal law, rules, or regulations shall only be released by the department in accordance with such laws, rules, or regulations. The department may establish procedures to insure that all motor vehicle record disclosures are handled in a uniform manner.
(h) The department may prescribe the method of payment of any fees required under this chapter.
","history":"(Acts 1973, No. 765, p. 1147, §31; Acts 1988, 1st Sp. Sess., No. 88-730, p. 127, §1; Act 2005-322, 1st Sp. Sess., p. 784, §1; Act 2009-281, p. 472, §1; Act 2009-746, p. 2236, §2; Act 2010-579, p. 1283, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30779,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29950,"codeId":15829,"versionId":45796,"parentId":15811,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-7","shortTitle":"Section 32-8-7","catchLine":"Additional Commission Fee; Collection of Commissions.","title":"Section 32-8-7 Additional Commission Fee; Collection of Commissions.","sectionRange":null,"content":"(a) The judge of probate or other county official who is authorized and required by law to issue license plates and who is required to process applications for certificate of title by this chapter may collect and retain a one dollar and fifty cent ($1.50) commission fee for each application processed in addition to the one dollar and fifty cent ($1.50) designated agent commission fee to further defray the cost of processing and mailing of title applications.
(b) When an application is not processed through a designated agent, the department may collect and retain a commission for each application processed by the department to defray the cost associated with processing and supporting electronic title applications and payments. The commission amount shall be the same as the commissions provided for designated agents and, in addition to all other appropriations, shall be continuously appropriated to the department.
","history":"(Acts 1973, No. 765, p. 1147, §32; Acts 1988, 1st Sp. Sess., No. 88-730, p. 127, §2; Act 2021-171, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30780,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29951,"codeId":15838,"versionId":12594,"parentId":15811,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-8","shortTitle":"Section 32-8-8","catchLine":"Right of Inspection for Violations.","title":"Section 32-8-8 Right of Inspection for Violations.","sectionRange":null,"content":"(a) Any sheriff, deputy sheriff, policeman of an incorporated municipality or duly authorized representative of the Department of Public Safety or Department of Revenue of this state may enter into the premises of any automobile salvage dealer, junkyard, automobile, or other motor vehicle dealer licensed therefor by the State of Alabama or any political subdivision thereof and inspect the identification numbers of all motor vehicles or parts thereof contained on said premises, at any time of the day or night in order to enforce the provisions of this chapter.
(b) Any sheriff, deputy sheriff, policeman of an incorporated municipality, or duly authorized commissioned law enforcement officer of the Department of Public Safety or the Department of Revenue of this state shall have the power to serve and execute any and all search warrants obtained in accordance with law for the purposes of the provisions of this chapter.
(c) Interference by any person with proper inspection by lawful officers as authorized by this section is a misdemeanor.
","history":"(Acts 1973, No. 765, p. 1147, §42.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30781,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29952,"codeId":15841,"versionId":30381,"parentId":15811,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-9","shortTitle":"Section 32-8-9","catchLine":"Forms and Rules.","title":"Section 32-8-9 Forms and Rules.","sectionRange":null,"content":"The department shall provide each designated agent with the forms and rules and regulations provided for in this chapter.
","history":"(Acts 1973, No. 765, p. 1147, §48; Act 2009-281, p. 472, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30782,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29953,"codeId":15846,"versionId":12599,"parentId":15811,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-10","shortTitle":"Section 32-8-10","catchLine":"Enforcement of Chapter.","title":"Section 32-8-10 Enforcement of Chapter.","sectionRange":null,"content":"The department is charged with the enforcement of the provisions of this chapter and it is hereby authorized and empowered to call upon any and all law enforcement agencies and officers of this state for such assistance as it may deem necessary in order to assure such enforcement; and it shall be the duty of such law enforcement agencies and officers to render such assistance to the department when called upon by it to so do.
","history":"(Acts 1973, No. 765, p. 1147, §47.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30783,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29954,"codeId":15849,"versionId":12602,"parentId":15811,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-11","shortTitle":"Section 32-8-11","catchLine":"Aiding, Abetting, Etc., in Violations.","title":"Section 32-8-11 Aiding, Abetting, Etc., in Violations.","sectionRange":null,"content":"A person who, whether present or absent, aids, abets, induces, procures, or causes the commission of an act which if done directly by him, would be a felony or a misdemeanor under a provision of this chapter, is guilty of the same felony or misdemeanor.
","history":"(Acts 1973, No. 765, p. 1147, §43.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30784,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29955,"codeId":15852,"versionId":30382,"parentId":15811,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-12","shortTitle":"Section 32-8-12","catchLine":"Offenses Constituting Felonies.","title":"Section 32-8-12 Offenses Constituting Felonies.","sectionRange":null,"content":"A person is guilty of a Class C felony who, with fraudulent intent:
(1) Alters, forges, or counterfeits a certificate of title;
(2) Alters or forges an assignment of a certificate of title, or an assignment or release of a security interest, on a certificate of title or a form the department prescribes;
(3) Has possession of or uses a certificate of title, knowing it has been altered, forged, or counterfeited; or
(4) Uses a false or fictitious name or address, or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact, in an application for a certificate of title.
","history":"(Acts 1973, No. 765, p. 1147, §44; Act 2009-281, p. 472, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30785,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29956,"codeId":15857,"versionId":30383,"parentId":15811,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-13","shortTitle":"Section 32-8-13","catchLine":"Offenses Constituting Misdemeanors.","title":"Section 32-8-13 Offenses Constituting Misdemeanors.","sectionRange":null,"content":"A person is guilty of a Class A misdemeanor who:
(1) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title;
(2) Willfully fails to mail or deliver a certificate of title or application therefor to the department within 10 days after time required by this chapter;
(3) Willfully fails to deliver to his or her transferee a certificate of title within 10 days after the time required by this chapter; or
(4) Knowingly and willfully commits a fraud in any application for a title or registration; or
(5) Willfully violates any other provision of this chapter, except as otherwise provided in this chapter.
","history":"(Acts 1973, No. 765, p. 1147, §45; Act 2009-281, p. 472, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30786,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29957,"codeId":15859,"versionId":12608,"parentId":15811,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-14","shortTitle":"Section 32-8-14","catchLine":"Penalties.","title":"Section 32-8-14 Penalties.","sectionRange":null,"content":"Repealed by Act 2009-281, p. 472, §3, effective July 1, 2009.
","history":"(Acts 1973, No. 765, p. 1147, §46.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30787,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29958,"codeId":15866,"versionId":null,"parentId":15810,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Certificate of Title.","title":"Article 2 Certificate of Title.","sectionRange":"§32-8-30 to §32-8-49","content":null,"history":null,"numChildren":19,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30788,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29959,"codeId":15869,"versionId":50853,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-30","shortTitle":"Section 32-8-30","catchLine":"Certificate Required for Certain Motor Vehicles; Penalty; Rulemaking Authority.","title":"Section 32-8-30 Certificate Required for Certain Motor Vehicles; Penalty; Rulemaking Authority.","sectionRange":null,"content":"(a)(1) Except as provided in Section 32-8-31, every owner of a motor vehicle which is in this state and which is required to be registered under the motor vehicle laws of this state and for which no certificate of title has been issued by the department, shall make application to a designated agent for a certificate of title to the vehicle.
(2) Beginning on January 1, 2026, every owner of an off-road vehicle with a year model 2026 or after or every off-road vehicle that is manufactured with a year model 2026 or after, for which no certificate of title has been issued by the department, shall make application to a designated agent for a certificate of title.
(b) In the event that the owner’s legal name, as recorded on the current certificate of title, has changed, the owner shall make application for a corrected certificate of title to record the current legal name of the owner. The application for certificate of title shall be made prior to the renewal of the registration for the motor vehicle.
(c) Any dealer, acting for himself or herself or another, who sells, trades, or otherwise transfers any vehicle required to be titled under this chapter who does not comply with this chapter shall be guilty of a Class A misdemeanor.
(d) The department may adopt rules to implement and administer this section.
","history":"(Acts 1973, No. 765, p. 1147, §2; Acts 1989, No. 89-918, p. 1817, §2; Act 2009-746, p. 2236, §2; Act 2015-362, p. 1109, §2; Act 2016-358, p. 890, §1; Act 2024-190, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30789,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29960,"codeId":15872,"versionId":50854,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-31","shortTitle":"Section 32-8-31","catchLine":"Exemptions.","title":"Section 32-8-31 Exemptions.","sectionRange":null,"content":"No certificate of title shall be issued under this chapter for any of the following:
(1) A vehicle owned by the United States or any agency thereof.
(2) A vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used for purposes of testing or demonstration, or a vehicle used by a manufacturer solely for testing.
(3) A vehicle owned by a nonresident of this state and not required by law to be registered in this state.
(4) A vehicle for which the Alabama license plate issuing official has verified that both the current owner and operator is recorded as the owner and operator on a currently effective certificate of title issued by another state and the certificate of title is being held by a recorded lienholder.
(5) A vehicle moved solely by animal power.
(6) An implement of husbandry.
(7) Special mobile equipment.
(8) A pole trailer.
(9) A trailer, semitrailer, travel trailer, or moving collapsible and folding camper more than 20 model years old. This exemption is applicable on January 1 of each year and applies to a trailer, semitrailer, travel trailer, or moving collapsible folding camper with a model year, as designated by the manufacturer, more than 20 years from the current calendar year.
(10) A manufactured home as defined in Section 32-20-2.
(11) Utility trailers other than moving collapsible and folding campers.
(12) A low speed vehicle, including neighborhood electric vehicles, defined as a four-wheeled motor vehicle with a top speed of not greater than 25 miles per hour, a gross vehicle weight rating of less than 3,000 pounds, and complying with the safety standards provided in 49 C.F.R. § 571.500.
(13) Any other motor vehicle more than 35 model years old. This exemption is applicable on January 1 of each year and applies to all motor vehicles with a model year, as designated by the manufacturer, more than 35 years from the current calendar year.
(14) A mini-truck as defined in Section 40-12-240.
(15) A motor-driven cycle as defined in Section 32-1-1.1.
(16) An off-road vehicle more than 10 model years old.
(17) Any other vehicles as prescribed by the department.
","history":"(Acts 1973, No. 765, p. 1147, §3; Acts 1989, No. 89-918, p. 1817, §3; Act 2003-345, p. 870, §1; Act 2009-281, p. 472, §1; Act 2009-746, p. 2236, §2; Act 2010-579, p. 1283, §1; Act 2011-205, p. 384, §2; Act 2016-358, p. 890, §1; Act 2024-190, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30790,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29961,"codeId":15878,"versionId":32945,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-32","shortTitle":"Section 32-8-32","catchLine":"Prerequisite to Issuance of License Plates.","title":"Section 32-8-32 Prerequisite to Issuance of License Plates.","sectionRange":null,"content":"(a) No motor vehicle license (or license plate) shall be issued and no motor vehicle license (or license plate) shall be transferred for use on a motor vehicle required to be titled under this chapter except on presentation by the owner to the license plate issuing official, the copy of an application for a certificate of title to such vehicle, or a certificate of title to such vehicle; provided however, this section shall not apply thereafter to the renewal of such license by such owner of such motor vehicle.
(b) No motor vehicle license or license plate shall be issued and no motor vehicle license or license plate shall be transferred for use on a motor vehicle not required to be titled under this chapter, other than a vehicle subject to registration pursuant to Section 32-6-56 or a vehicle that has been registered in this state during the current year or previous two calendar years until the license plate issuing official has physically inspected the vehicle and verified that the vehicle identification number on the vehicle is the same as the vehicle identification number on the documents required to register the vehicle; provided, however, this section shall not apply thereafter to the renewal of such license by such owner of such motor vehicle.
(c) The provisions of subsection (b) shall not apply to any utility trailer or to 1975 and subsequent year motor vehicles owned by a manufacturer or dealer and held for sale or vehicles registered under the provisions of Section 40-12-264(b) or Section 40-12-264(g).
","history":"(Acts 1973, No. 765, p. 1147, §33; Act 2009-281, p. 472, §1; Act 2009-746, p. 2236, §2; Act 2010-579, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30791,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29962,"codeId":15884,"versionId":12627,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-33","shortTitle":"Section 32-8-33","catchLine":"Prerequisite to Assessment for Ad Valorem Taxes.","title":"Section 32-8-33 Prerequisite to Assessment for Ad Valorem Taxes.","sectionRange":null,"content":"No motor vehicle required to be titled under the provisions of this chapter shall be assessed for ad valorem taxes by a tax assessor, director of revenue, or other county official authorized and required by law to assess motor vehicles for ad valorem taxes unless the application therefor is accompanied by a copy of an application for a certificate of title to such vehicle, a certificate of title to such vehicle, a duplicate certificate of title to such vehicle where the original is held by a lienholder, or a copy of an application for a replacement certificate of title; provided, however, when the owner of a motor vehicle has complied with the provisions of this section in licensing a motor vehicle or having the license for a motor vehicle transferred to him or her this section shall not apply thereafter to the renewal of such license by such owner of such motor vehicle.
","history":"(Acts 1973, No. 765, p. 1147, §32A.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30792,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29963,"codeId":15886,"versionId":43443,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-34","shortTitle":"Section 32-8-34","catchLine":"Designated Agents of Department; Bond of Title Service Providers.","title":"Section 32-8-34 Designated Agents of Department; Bond of Title Service Providers.","sectionRange":null,"content":"(a) Each judge of probate, commissioner of licenses, director of revenue, or other county official in this state authorized and required by law to issue motor vehicle license plates shall by virtue of his or her office be a designated agent of the department. Judges of probate, commissioners of licenses, directors of revenue, or other licensing officials may perform their duties under this chapter either personally or through any of their deputies.
(b) Every dealer, as defined in this chapter, shall be a designated agent of the department. The dealers shall perform their duties under this chapter personally, through any of their officers or employees, or through a title service provider; provided, that the dealer shall enter into a bond with a corporate surety authorized to do business in this state as surety thereon, payable to the State of Alabama in a sum as provided in Section 40-12-398, conditioned on the faithful performance of their duties under this chapter. No dealer appointed under this subsection as a designated agent shall process title applications on behalf of another dealer unless both dealerships are owned by the same entity.
(c) The department may appoint other persons in this state as its designated agents. Such agents shall perform their duties under this chapter either personally, through any of their officers or employees, or through a title service provider. An appointee shall enter into a bond as provided in subsection (b). Full-time bonded employees of the Department of Revenue may serve as designated agents without additional bond. A qualified designated agent of the department located outside of this state may continue as a designated agent of the department as long as he or she complies with the requirements of this chapter.
(d) Each title service provider shall enter into a bond with a corporate surety authorized to do business in this state as a surety, thereon payable to the state in a sum provided in Section 40-12-398, conditioned on the faithful performance of their duties under this chapter.
","history":"(Acts 1973, No. 765, p. 1147, §4; Act 2003-345, p. 870, §1; Act 2009-746, p. 2236, §2; Act 2015-362, p. 1109, §2; Act 2019-238, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30793,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29964,"codeId":15888,"versionId":45797,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-35","shortTitle":"Section 32-8-35","catchLine":"Application for First Certificate.","title":"Section 32-8-35 Application for First Certificate.","sectionRange":null,"content":"(a) The application for the first certificate of title of a vehicle in this state shall be made by the owner to a designated agent, on the form the department prescribes, and shall contain all of the following:
(1) The current legal name, current residence, and current mailing address of the owner.
(2) A description of the vehicle including the following data: Year, make, model, vehicle identification number, type of body, the number of cylinders, color, and whether new or used.
(3) The date of purchase by applicant, the name and address of the person from whom the vehicle was acquired, and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements.
(4) Other information that the department may require.
(b) If the application is for a vehicle purchased from a dealer, it shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale and the date of the security agreement. The application shall be signed by the designated agent as well as the owner, and the designated agent shall forward the application to the department in a manner prescribed by the department.
(c) If the application is for a new vehicle, it shall be accompanied by the certified manufacturer’s statement of origin showing proper assignments to the applicant. The manufacturer, upon the shipment of a motor vehicle into this state, shall promptly furnish the dealer with a certified statement of origin.
(d) Each application shall contain or be accompanied by the certificate of a designated agent that the vehicle has been physically inspected by the agent, that the vehicle identification number and descriptive data shown on the application, pursuant to the requirements of subdivision (a)(2), are correct, and that the agent identified the person signing the application and verified the signature.
(e) If the application is for a first certificate of title on a vehicle other than a new vehicle, then the application shall conform with the requirements of this section; except, that in lieu of the manufacturer’s statement of origin, the application shall be accompanied by a copy of the bill of sale of the motor vehicle whereby the applicant claims title or in lieu thereof certified copies of the last two years’ license plates and tax receipts and any other information the department may reasonably require to identify the vehicle and to enable the department to determine the ownership of the vehicle and the existence or nonexistence of security interests in it.
(f) If the application refers to a vehicle last previously registered in another state or country, the application shall contain or be accompanied by all of the following:
(1) Any certificate of title issued by the other state or country.
(2) Any other information and documents as the department may reasonably require to establish the ownership of the vehicle and the existence or nonexistence of security interests in it.
(3) The certificate of a designated agent that the vehicle has been physically inspected by him or her, that the vehicle identification number and descriptive data shown on the application pursuant to subdivision (a)(2) are correct, and any other proof of the identity of the vehicle as the department may reasonably require.
(g) Every designated agent, within 10 calendar days after an application is received by him or her, shall forward to the department, in a manner as prescribed by the department, the fee as provided in Section 32-8-6, and the application, along with any other evidence of title as may have been delivered to the designated agent by the applicant.
","history":"(Acts 1973, No. 765, p. 1147, §5; Acts 1977, No. 252, p. 329, §1; Act 2003-345, p. 870, §1; Act 2005-322, 1st Sp. Sess., p. 784, §1; Act 2009-281, p. 472, §1; Act 2009-746, p. 2236, §2; Act 2015-362, p. 1109, §2; Act 2021-171, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30794,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29965,"codeId":15892,"versionId":32946,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-36","shortTitle":"Section 32-8-36","catchLine":"Application for Certificate with Bond or Cash.","title":"Section 32-8-36 Application for Certificate with Bond or Cash.","sectionRange":null,"content":"If the department is not satisfied as to the ownership of the vehicle or that there are no undisclosed security interests in it, the department may accept the application but shall either:
(1) Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant’s ownership of the vehicle and that there are no undisclosed security interests on it; or
(2) As a condition of issuing a certificate of title, require the applicant to file with the department a bond in the form prescribed by the department and executed by the applicant, and executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount prescribed by the department and conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss, or damage, including reasonable attorney’s fees, by reason of the issuance of the certificate of title of the vehicle or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall be returned at the end of three years or prior thereto if the vehicle is no longer registered in this state and the currently valid certificate of title is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.
(3) The department may establish uniform bond amounts for vehicles.
","history":"(Acts 1973, No. 765, p. 1147, §10; Act 2010-579, p. 1283, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30795,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29966,"codeId":15898,"versionId":12636,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-37","shortTitle":"Section 32-8-37","catchLine":"Check of Vehicle Identification Number Against List of Stolen Vehicles; Issuance of Certificate; Records.","title":"Section 32-8-37 Check of Vehicle Identification Number Against List of Stolen Vehicles; Issuance of Certificate; Records.","sectionRange":null,"content":"(a) The department upon receiving an application for certificate of title shall check the vehicle identification number shown in the application against the record of stolen or converted vehicles maintained by it.
(b) The department shall examine each application received and, when satisfied that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title to the vehicle on the form prescribed by the department.
(c) The department shall maintain a record of all certificates of title issued pursuant to the provisions of this chapter:
(1) Under a distinctive title number assigned to the vehicle;
(2) Under the vehicle identification number;
(3) Under the name of the owner; and
(4) In the discretion of the department, by any other method the department determines.
","history":"(Acts 1973, No. 765, p. 1147, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30796,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29967,"codeId":15901,"versionId":12639,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-38","shortTitle":"Section 32-8-38","catchLine":"Use of Duplicate Copy of Application as Permit to Operate Motor Vehicle; Return of Duplicate and Tags Upon Refusal to Issue Certificate.","title":"Section 32-8-38 Use of Duplicate Copy of Application as Permit to Operate Motor Vehicle; Return of Duplicate and Tags Upon Refusal to Issue Certificate.","sectionRange":null,"content":"(a) The rules and regulations promulgated by the department shall make suitable provisions for the use by an applicant of the duplicate copy of his or her application for a certificate of title to serve as a permit for the operation of the motor vehicle described in the application until the department either issues the certificate of title of such motor vehicle or refuses to issue the certificate; and every designated agent receiving an application for the certificate of title, when the provisions of this chapter have been otherwise complied with, shall deliver to the applicant the duplicate copy of his or her application which shall contain a suitable permit for the purposes mentioned in this subsection. After the certificate of title is issued, the owner’s permit copy of the application for this certificate of title shall continue to serve as evidence of ownership and as a permit for the operation of the vehicle.
(b) In the event the department refuses to issue the certificate of title, the applicant shall, immediately upon receiving written notice from the department that such certificate will not be issued for the reason or reasons stated in the notice, deliver or mail to the department by registered or certified mail the duplicate copy of his or her application containing the permit mentioned in subsection (a) of this section and the current license tag which was issued for the vehicle; and the motor vehicle described in the application shall not be operated on the highways or other public places of this state after the applicant receives notice that the certificate will not be issued unless its operation is subsequently authorized by the department either by the issuance of a new permit or certificate of title. If for any reason the duplicate copy of the application for certificate of title and the current license tag which were issued for the vehicle in question are not received by the department within 10 calendar days after the department mails written notice to the applicant that it will not issue the certificate of title applied for, the department, or, at the request of the department, any state highway patrolman, sheriff or other peace officer of this state is authorized and empowered to and shall require and compel the surrender of the duplicate copy of the application for certificate of title and the current license tag; and the department, after it obtains possession of the duplicate copy of application for certificate of title and the current license tag, is authorized to retain same until it is satisfied that the applicant is entitled to receive a certificate of title to the vehicle in question.
","history":"(Acts 1973, No. 765, p. 1147, §7; Acts 1985, No. 85-705, p. 1158, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30797,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29968,"codeId":15907,"versionId":38643,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-39","shortTitle":"Section 32-8-39","catchLine":"Contents and Effect of Certificate.","title":"Section 32-8-39 Contents and Effect of Certificate.","sectionRange":null,"content":"(a) Each certificate of title issued by the department shall contain:
(1) The date issued;
(2) The current legal name and current address of the owner;
(3) The names and addresses of any lienholders in the order of priority as shown on the application, or if the application is based on a certificate of title, as shown on the certificate;
(4) The title number;
(5) A description of the vehicle including the following data: year, make, model, vehicle identification number, type of body, number of cylinders, whether new or used and if a new vehicle the date of the first sale of the vehicle for use; and
(6) Any other data the department prescribes.
(b) Unless security is furnished as provided in Section 32-8-36, a distinctive certificate of title shall be issued for a vehicle last previously registered in another state or country, the laws of which do not require that lienholders be named on a certificate of title to perfect their security interests. The certificate shall contain the legend, “This vehicle may be subject to an undisclosed lien” and may contain any other information the department prescribes. If no notice of a security interest in the vehicle is received by the department within four months from the issuance of the distinctive certificate of title, the department shall, upon application and surrender of the distinctive certificate, issue a certificate of title in ordinary form.
(c) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee, the naming of a lienholder and the assignment or release of the security interest by a lienholder.
(d) A certificate of title issued by the department is prima facie evidence of the facts appearing on it.
(e) A certificate of title to a vehicle is not subject to garnishment, attachment, execution or other judicial process, but this subsection does not prevent a lawful levy upon the vehicle.
","history":"(Acts 1973, No. 765, p. 1147, §8; Act 2015-362, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30798,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29969,"codeId":15913,"versionId":12648,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-40","shortTitle":"Section 32-8-40","catchLine":"Distinctive Certificates for Certain Vehicles.","title":"Section 32-8-40 Distinctive Certificates for Certain Vehicles.","sectionRange":null,"content":"If the department is not satisfied that there are no undisclosed security interests created before this chapter takes effect in a previously registered vehicle, the department may, in addition to the department’s options under Section 32-8-36, issue a distinctive certificate of title of the vehicle containing the legend, “This vehicle may be subject to an undisclosed lien” and containing any other information the department prescribes.
","history":"(Acts 1973, No. 765, p. 1147, §29.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30799,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29970,"codeId":15917,"versionId":30384,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-41","shortTitle":"Section 32-8-41","catchLine":"Delivery of Certificate.","title":"Section 32-8-41 Delivery of Certificate.","sectionRange":null,"content":"The certificate of title shall be mailed to the first lienholder named in it or, if none, to the owner. If the certificate of title is issued electronically, the designated agent that processed the application, at the time of issuance, shall provide the owner with a printed copy of the electronic certificate of title record.
","history":"(Acts 1973, No. 765, p. 1147, §9; Acts 1985, No. 85-705, p. 1158, §2; Act 2009-281, p. 472, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30800,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29971,"codeId":15921,"versionId":40621,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-42","shortTitle":"Section 32-8-42","catchLine":"Refusing Certificate.","title":"Section 32-8-42 Refusing Certificate.","sectionRange":null,"content":"The department shall refuse issuance of certificate of title if any required fee is not paid or if the department has reasonable grounds to believe that one of the following exists:
(1) The applicant is not the owner of the vehicle.
(2) The application contains a false or fraudulent statement.
(3) The vehicle was not manufactured to comply with federal and state statutes, rules, and regulations governing safety, emissions, and antitheft standards in effect at the time of manufacture, and has not subsequently been modified to comply with the standards.
(4) A vehicle is exempt pursuant to Section 32-8-31.
(5) The applicant fails to furnish required information or documents or any additional information the department reasonably requires.
","history":"(Acts 1973, No. 765, p. 1147, §11; Act 2003-345, p. 870, §1; Act 2016-358, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30801,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29972,"codeId":15925,"versionId":45798,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-43","shortTitle":"Section 32-8-43","catchLine":"Certificates Lost, Stolen, Mutilated, Etc.","title":"Section 32-8-43 Certificates Lost, Stolen, Mutilated, Etc.","sectionRange":null,"content":"(a) If a certificate of title is lost, stolen, mutilated, or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department and payment of the applicable transaction fee and commissions as required by this chapter. The replacement certificate of title shall contain the legend, “This is a replacement certificate and may be subject to the rights of a person under the original certificate.” It shall be mailed to the first lienholder named in it or, if none, to the owner.
(b) The department shall not issue a new certificate of title to a transferee upon application made on a replacement certificate until 15 calendar days after the issuance date of the surrendered replacement title or unless the title information can be verified electronically through the National Motor Vehicle Title Information System.
(c) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the department.
","history":"(Acts 1973, No. 765, p. 1147, §12; Act 2003-345, p. 870, §1; Act 2021-171, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30802,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29973,"codeId":15931,"versionId":12658,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-44","shortTitle":"Section 32-8-44","catchLine":"Transfer of Ownership - Generally.","title":"Section 32-8-44 Transfer of Ownership - Generally.","sectionRange":null,"content":"(a) If an owner transfers his interest in a vehicle, other than by the creation of a security interest, he shall, at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate or as the department prescribes, and cause the certificate and assignment to be mailed or delivered to the transferee or to the department.
(b) Except as provided in this section, the transferee shall, promptly after delivery to him of the vehicle, execute the application for a new certificate of title in the space provided therefor on the certificate or as the department prescribes, and cause the certificate and application to be mailed or delivered to a designated agent.
(c) Upon request of the owner or transferee, a lienholder in possession of the certificate of title shall, unless the transfer was a breach of his security agreement, deliver the certificate to the transferee. Upon receipt of the certificate the transferee shall make application to a designated agent for a new certificate. The delivery of the certificate does not affect the rights of the lienholder under his security agreement.
(d) If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the lienholder and the parties shall comply with the provisions of Section 32-8-62.
(e) Except as provided in Section 32-8-45, and as between the parties, a transfer by an owner is not effective until the provisions of this section have been complied with.
","history":"(Acts 1973, No. 765, p. 1147, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30803,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29974,"codeId":15934,"versionId":12660,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-45","shortTitle":"Section 32-8-45","catchLine":"Transfer of Ownership - to or from Dealer; Records.","title":"Section 32-8-45 Transfer of Ownership - to or from Dealer; Records.","sectionRange":null,"content":"(a) If a dealer buys a vehicle and holds it for resale and procures the certificate of title from the owner or the lienholder within 15 days after delivery to him of the vehicle, he need not send the certificate to the department but, upon transferring the vehicle to another person other than by the creation of a security interest, shall promptly execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided therefor on the certificate or as the department prescribes, and mail or deliver the certificate to a designated agent with the transferee’s application for a new certificate.
(b) Every dealer shall maintain for five years a record in the form the department prescribes of every vehicle bought, sold or exchanged by him or received by him for sale or exchange, which shall be open to inspection by representatives of the department and law enforcement officers during reasonable business hours.
","history":"(Acts 1973, No. 765, p. 1147, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30804,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29975,"codeId":15936,"versionId":40378,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-46","shortTitle":"Section 32-8-46","catchLine":"Transfer of Ownership - by Operation of Law.","title":"Section 32-8-46 Transfer of Ownership - by Operation of Law.","sectionRange":null,"content":"(a)(1) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as hereinafter provided in subsection (b), promptly mail or deliver to a designated agent the last certificate of title, if available, and proof of the transfer, together with his or her application for a new certificate in the form the department prescribes.
(2) Except as provided in subdivision (3), a person or entity initiating an involuntary transfer by operation of law in this state shall give notice of the action to the department at least 35 calendar days prior to the date of the transfer. The notice shall be in a manner as prescribed by the department and shall include all of the following:
a. The contact information for the person or entity filing the notice.
b. The motor vehicle’s identification number, year, make, and model.
c. The date, time, and location of the involuntary transfer by operation of law.
(3) The notice provisions of this subsection shall not apply to a motor vehicle transferred pursuant to Chapter 13, to a motor vehicle transferred pursuant to a divorce decree, or to a motor vehicle transferred pursuant to documents creating a lien or other security interest in the motor vehicle.
(4) The department shall maintain and appropriately index public records of motor vehicles reported to it pursuant to this subsection. The department may provide lists of the vehicle identification numbers for the motor vehicles without fee in a manner as the department determines.
(5) An application for certificate of title may not be issued for a motor vehicle subject to an involuntary transfer by operation of law until the notice requirements of this subsection are satisfied.
(b) If the interest of the owner is terminated or the vehicle is sold under a security agreement by a lienholder named in the certificate of title, the transferee shall promptly make application to a designated agent for a new certificate in the form the department prescribes. The application shall be accompanied by the last certificate of title and an affidavit made by or on behalf of the lienholder that the vehicle was repossessed and that the interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement.
If the lienholder succeeds to the interest of the owner and holds the vehicle for resale, he or she need not secure a new certificate of title but, upon transfer to another person, shall promptly mail or deliver to the transferee the certificate, affidavit and other documents required by the department. The transferee shall promptly make application to a designated agent for a new certificate in the form prescribed by the department.
(c) Notwithstanding anything to the contrary contained in this section, a person holding a certificate of title whose interest in the vehicle has been extinguished or transferred other than by voluntary transfer shall forthwith mail or deliver the certificate to the department upon request of the department; and the delivery of the certificate pursuant to the request of the department does not affect the rights of the person surrendering the certificate; and the action of the department in issuing a new certificate of title as provided herein is not conclusive upon the rights of an owner or lienholder named in the old certificate.
","history":"(Acts 1973, No. 765, p. 1147, §15; Act 2016-358, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30805,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29976,"codeId":15943,"versionId":12667,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-47","shortTitle":"Section 32-8-47","catchLine":"Transfer of Ownership - When Department to Issue New Certificate.","title":"Section 32-8-47 Transfer of Ownership - When Department to Issue New Certificate.","sectionRange":null,"content":"(a) The department, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other documents required by the department, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in it or, if none, to the owner.
(b) The department, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to the department, the department shall make demand therefor from the holder thereof.
(c) A transferor of a vehicle other than a dealer transferring a new vehicle shall deliver to the transferee at the time of the delivery of possession of the vehicle the license plate for the vehicle; provided, that the license plate does not have to be delivered where a provision of law allows such plate to be retained by the owner of the vehicle.
(d) The department shall file every surrendered certificate of title, or a microfilm of every such certificate, for a period of time deemed necessary by it in order to permit the tracing of title of the vehicle designated therein.
","history":"(Acts 1973, No. 765, p. 1147, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30806,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29977,"codeId":15950,"versionId":12673,"parentId":15866,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-49","shortTitle":"Section 32-8-49","catchLine":"Suspension or Revocation of Certificates.","title":"Section 32-8-49 Suspension or Revocation of Certificates.","sectionRange":null,"content":"(a) The department shall suspend or revoke a certificate of title, subject to the appeal provisions of Chapter 2A of Title 40, when authorized by any other provision of law or if it finds:
(1) The certificate of title was fraudulently procured or erroneously issued; or
(2) The vehicle has been scrapped, dismantled or destroyed.
(b) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
(c) When the department suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the department.
(d) Should any person fail to comply with the provisions of subsection (c) of this section the department shall seize and impound the certificate of title which has been revoked. It shall also be the duty of any peace officer, on notification to him by the department of the failure of a person to mail or deliver a revoked certificate of title to the department, to seize and mail or deliver to the department the revoked certificate of title.
","history":"(Acts 1973, No. 765, p. 1147, §25; Acts 1992, No. 92-186, p. 349, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30807,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29978,"codeId":15963,"versionId":null,"parentId":15810,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Security Interests.","title":"Article 3 Security Interests.","sectionRange":"§32-8-60 to §32-8-68","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30808,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29979,"codeId":15964,"versionId":30549,"parentId":15963,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-60","shortTitle":"Section 32-8-60","catchLine":"Excepted Liens and Security Interests.","title":"Section 32-8-60 Excepted Liens and Security Interests.","sectionRange":null,"content":"This chapter does not apply to or affect any of the following:
(1) A lien given by statute or rule of law to a supplier of services or materials for the vehicle.
(2) A lien given by statute to the United States, this state, or any political subdivision of this state.
(3) A security interest in a vehicle created by a manufacturer or dealer who holds the vehicle for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes title free of the security interest.
(4) A lien on a utility trailer exempted under this chapter when the lien was created or established on or after January 1, 2004.
(5) A lien on a manufactured home exempted under this chapter when the lien was created or established on or after January 1, 2010.
","history":"(Acts 1973, No. 765, p. 1147, §18; Act 2003-345, p. 870, §1; Act 2009-746, p. 2236, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30809,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29980,"codeId":15969,"versionId":12688,"parentId":15963,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-60.1","shortTitle":"Section 32-8-60.1","catchLine":"Security Interest Not Created Where Rental Price May Be Adjusted by Reference to Amount Realized Upon Sale.","title":"Section 32-8-60.1 Security Interest Not Created Where Rental Price May Be Adjusted by Reference to Amount Realized Upon Sale.","sectionRange":null,"content":"In the case of motor vehicles as defined in Section 32-8-2(10), notwithstanding any other provision of law, a transaction does not create a sale or security interest merely because the transaction provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle.
","history":"(Acts 1991, No. 91-549, p. 1012, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30810,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29981,"codeId":15973,"versionId":24850,"parentId":15963,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-61","shortTitle":"Section 32-8-61","catchLine":"Perfection of Security Interests.","title":"Section 32-8-61 Perfection of Security Interests.","sectionRange":null,"content":"(a) Unless excepted by this section, a security interest in a vehicle for which a certificate of title is required by the terms of this chapter is not valid against creditors of the owner or subsequent transferees or lienholders of the vehicle unless perfected as provided in this article.
(b) A security interest is perfected by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder and the date of his security agreement and the required fee. It is perfected as of the time of its creation if the delivery is completed within 30 days thereafter, otherwise, as of the time of the delivery.
","history":"(Acts 1973, No. 765, p. 1147, §19; Acts 1977, No. 252, p. 329, §2; Acts 1981, No. 81-312, p. 399, §7-11-109(2); Acts 1987, No. 87-412, p. 606; Act 2001-313, p. 405, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30811,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29982,"codeId":15975,"versionId":12694,"parentId":15963,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-62","shortTitle":"Section 32-8-62","catchLine":"Procedure When Owner Creates Security Interest.","title":"Section 32-8-62 Procedure When Owner Creates Security Interest.","sectionRange":null,"content":"If an owner creates a security interest in a vehicle:
(1) The owner shall immediately execute the application in the space provided therefor on the certificate of title, or on a separate form the department prescribes to name the lienholder on the certificate showing the name and address of the lienholder and the date of his security agreement, and cause the certificate, application and the required fee to be delivered to the lienholder.
(2) The lienholder shall immediately cause the certificate, application and required fee to be mailed or delivered to the department.
(3) Upon request of the owner or subordinate lienholder, a lienholder in possession of the certificate of title shall either mail or deliver the certificate to the subordinate lienholder for delivery to the department, or, upon receipt from the subordinate lienholder of the owner’s application and the required fee, mail or deliver them to the department with the certificate. The delivery of the certificate does not affect the rights of the first lienholder under his security agreement.
(4) Upon receipt of the certificate of title, application and the required fee, the department shall either endorse on the certificate or issue a new certificate containing the name and address of the new lienholder, and mail the certificate to the first lienholder named in it.
","history":"(Acts 1973, No. 765, p. 1147, §20.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30812,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29983,"codeId":15980,"versionId":12698,"parentId":15963,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-63","shortTitle":"Section 32-8-63","catchLine":"Assignment by Lienholder.","title":"Section 32-8-63 Assignment by Lienholder.","sectionRange":null,"content":"(a) A lienholder may assign, absolutely or otherwise, his security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until the assignee is named as lienholder on the certificate in the manner prescribed by the department.
(b) The department shall file each assignment received by the department with the required fee, and note the assignee as lienholder upon the record of notices of security interests maintained by the department.
","history":"(Acts 1973, No. 765, p. 1147, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30813,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29984,"codeId":15983,"versionId":32947,"parentId":15963,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-64","shortTitle":"Section 32-8-64","catchLine":"Release of Security Interest.","title":"Section 32-8-64 Release of Security Interest.","sectionRange":null,"content":"(a) Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of the lienholder, he or she shall, within 10 days after demand, execute a release of his or her security interest, in the space provided therefor on the certificate or as the department prescribes, and mail or deliver the certificate and release to the next lienholder named therein, or, if none, to the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate. The owner, other than a dealer holding the vehicle for resale, shall promptly cause the certificate and release to be mailed or delivered to the department, which shall release the lienholder’s rights on the certificate or issue a new certificate.
(b) Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of a prior lienholder, the lienholder whose security interest is satisfied shall within 10 days after demand execute a release in the form the department prescribes and deliver the release to the owner or any person who delivers to the lienholder an authorization from the owner to receive it. The lienholder in possession of the certificate of title shall either deliver the certificate to the owner, or the person authorized by him or her, for delivery to the department, or, upon receipt of the release, mail or deliver it with the certificate to the department which shall release the subordinate lienholder’s rights on the certificate or issue a new certificate.
(c) The department may establish alternative methods for releasing security interests when a lienholder recorded on a certificate of title is no longer in business.
(d) Upon receipt of the releases of security interests mentioned in subsections (a) and (b), the department shall file each release in the manner prescribed by the department and note the same upon the records of notices of security interests maintained by it.
","history":"(Acts 1973, No. 765, p. 1147, §22; Act 2010-579, p. 1283, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30814,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29985,"codeId":31100,"versionId":25928,"parentId":15963,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-64.1","shortTitle":"Section 32-8-64.1","catchLine":"Satisfaction of Security Interest After 12 Years.","title":"Section 32-8-64.1 Satisfaction of Security Interest After 12 Years.","sectionRange":null,"content":"Except for liens and security interests listed on certificates of title for manufactured homes, travel trailers, or vehicles that weigh more than 12,000 pounds gross weight, which shall be satisfied only in conformity with Section 32-8-64, any lien or security interest shall be considered satisfied and release shall not be required after 12 years from the date of the security agreement as recorded on the certificate of title. Nothing in this section shall preclude the perfection of a lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of 12 years, by application for a new certificate of title on which the lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than 12 years for a vehicle other than a manufactured home, travel trailer, or vehicle that weighs more than 12,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed shall be submitted to the designated agent before 12 years from the date of the security agreement as recorded on the original title. Otherwise, the lien or security interest shall be perfected as provided by Section 32-8-61.
","history":"(Act 2003-345, p. 870, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30815,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29986,"codeId":41593,"versionId":35807,"parentId":15963,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-64.2","shortTitle":"Section 32-8-64.2","catchLine":"Release of Certain Liens.","title":"Section 32-8-64.2 Release of Certain Liens.","sectionRange":null,"content":"(a) Except for liens and security interests listed on certificates of title for travel trailers or vehicles that weigh more than 12,000 pounds gross weight, which shall be satisfied only in conformity with Section 32-8-64, any lien or security interest shall be considered satisfied and release shall not be required after four years from the date of the security agreement as recorded on the certificate of title for vehicles which are 12 or more model years old. Nothing in this section shall preclude the perfection of a lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of four years, by application for a new certificate of title on which the lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than four years for a vehicle other than a travel trailer or vehicle that weighs more than 12,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed shall be submitted to the designated agent before four years from the date of the security agreement as recorded on the original title. Otherwise, the lien or security interest shall be perfected as provided by Section 32-8-61.
(b) The department may require that all lien releases shall be electronically submitted to the department within 10 days of the date that a lien or security interest in a motor vehicle is satisfied.
","history":"(Act 2011-633, p. 1507, §3; Act 2013-224, p. 541, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30816,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29987,"codeId":15987,"versionId":12705,"parentId":15963,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-65","shortTitle":"Section 32-8-65","catchLine":"Duty of Lienholder to Disclose Information.","title":"Section 32-8-65 Duty of Lienholder to Disclose Information.","sectionRange":null,"content":"A lienholder named in a certificate of title shall, upon written request of the owner or of another lienholder named on the certificate, disclose any pertinent information as to his or her security agreement and the indebtedness secured by it.
","history":"(Acts 1973, No. 765, p. 1147, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30817,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29988,"codeId":15993,"versionId":12708,"parentId":15963,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-66","shortTitle":"Section 32-8-66","catchLine":"Exclusiveness of Procedure.","title":"Section 32-8-66 Exclusiveness of Procedure.","sectionRange":null,"content":"The method provided in this article of perfecting and giving notice of security interest in motor vehicles required to be titled under the terms of this chapter or titled under the terms hereof, shall be exclusive.
Security interests in motor vehicles required to be titled or which are titled under this chapter, are hereby exempted from the provisions of law which otherwise require the filing or recording of financing statements or of other instruments creating or evidencing security interests.
Security interests in motor vehicles not required to be titled under this chapter or not titled under the terms hereof, which are perfected under any other applicable laws of this state shall not be affected by this chapter but shall continue in all respects to be governed by such other laws of this state.
","history":"(Acts 1973, No. 765, p. 1147, §24.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30818,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29989,"codeId":15997,"versionId":12711,"parentId":15963,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-67","shortTitle":"Section 32-8-67","catchLine":"Filing and Recording of Notices of Security Interests; Examination of Record.","title":"Section 32-8-67 Filing and Recording of Notices of Security Interests; Examination of Record.","sectionRange":null,"content":"(a) The department shall file each notice of security interest received by the department with the required fee and maintain a record of all notices of security interests filed by the department:
(1) Alphabetically, under the name of the owner;
(2) Under the vehicle identification number;
(3) Under the certificate of title number; and
(4) In the discretion of the department, by any other method it determines.
(b) The department before issuing or reissuing a certificate of title shall check the name of the owner and the certificate of title number of the vehicle against the record provided for in subsection (a).
","history":"(Acts 1973, No. 765, p. 1147, §30.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30819,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29990,"codeId":38322,"versionId":30957,"parentId":15963,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-68","shortTitle":"Section 32-8-68","catchLine":"Recording and Releasing Security Interests by Electronic Means.","title":"Section 32-8-68 Recording and Releasing Security Interests by Electronic Means.","sectionRange":null,"content":"Notwithstanding any requirement in this chapter that a lien on a motor vehicle shall be noted on the face of the certificate of title, if there is one lien or more liens or encumbrances on the motor vehicle, the department may electronically transmit the lien to the first lienholder and notify the first lienholder of any additional liens. Subsequent lien satisfactions may be electronically transmitted to the department and shall include the name and address of the person satisfying the lien. If liens and lien releases are processed electronically and the last lien is satisfied, a title will be issued to the owner of the vehicle in a manner prescribed by the department. When a vehicle is subject to an electronic lien, the certificate of title for the vehicle shall be considered to be physically held by the lienholder for purposes of compliance with state or federal odometer disclosure requirements. A duly certified copy of the department’s electronic record of the lien shall be admissible in any civil, criminal, or administrative proceeding in this state as evidence of the existence of the lien.
","history":"(Act 2009-281, p. 472, §2; Act 2009-746, p. 2236, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30820,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29991,"codeId":16001,"versionId":null,"parentId":15810,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"Antitheft Laws.","title":"Article 4 Antitheft Laws.","sectionRange":"§32-8-80 to §32-8-88","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30821,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29992,"codeId":16004,"versionId":12713,"parentId":16001,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-80","shortTitle":"Section 32-8-80","catchLine":"Exceptions from Provisions of Article.","title":"Section 32-8-80 Exceptions from Provisions of Article.","sectionRange":null,"content":"This article does not apply to the following unless a title certificate has been issued on such vehicles under this chapter:
(1) A vehicle moved solely by animal power;
(2) An implement of husbandry;
(3) Special mobile equipment; and
(4) A self-propelled wheelchair or invalid tricycle.
","history":"(Acts 1973, No. 765, p. 1147, §34.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30822,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29993,"codeId":16009,"versionId":12717,"parentId":16001,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-81","shortTitle":"Section 32-8-81","catchLine":"Unauthorized Use of Vehicles.","title":"Section 32-8-81 Unauthorized Use of Vehicles.","sectionRange":null,"content":"A person not entitled to possession of a vehicle who, without the consent of the owner and with intent to deprive him or her, temporarily or otherwise, of the vehicle or its possession, takes, uses, or drives the vehicle is guilty of a felony.
","history":"(Acts 1973, No. 765, p. 1147, §36.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30823,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29994,"codeId":16014,"versionId":12720,"parentId":16001,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-82","shortTitle":"Section 32-8-82","catchLine":"Unauthorized Receiving or Disposing of Vehicles.","title":"Section 32-8-82 Unauthorized Receiving or Disposing of Vehicles.","sectionRange":null,"content":"A person not entitled to the possession of a vehicle who receives, possesses, conceals, sells, or disposes of it, knowing it to be stolen or converted under circumstances constituting a crime, is guilty of a felony.
","history":"(Acts 1973, No. 765, p. 1147, §36.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30824,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29995,"codeId":16017,"versionId":12723,"parentId":16001,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-83","shortTitle":"Section 32-8-83","catchLine":"Unauthorized Damaging or Tampering with Vehicles.","title":"Section 32-8-83 Unauthorized Damaging or Tampering with Vehicles.","sectionRange":null,"content":"(a) A person who, willfully and without right to do so, damages a vehicle or damages or removes any of its parts or components is guilty of a misdemeanor.
(b) A person who, without right to do so and with intent to commit a crime, tampers with a vehicle, or goes in or on it, or works or attempts to work any of its parts or components, or sets or attempts to set it in motion is guilty of a misdemeanor.
","history":"(Acts 1973, No. 765, p. 1147, §37.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30825,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29996,"codeId":16021,"versionId":43462,"parentId":16001,"effectiveDate":null,"supersessionDate":"2026-10-01","type":"Section","displayId":"32-8-84","shortTitle":"Section 32-8-84","catchLine":"Unclaimed Motor Vehicles; Suspension of Registration of Stolen or Converted Vehicles. (Amended by Act 2026-263)","title":"Section 32-8-84 Unclaimed Motor Vehicles; Suspension of Registration of Stolen or Converted Vehicles. (Amended by Act 2026-263)","sectionRange":null,"content":"AMENDED BY ACT 2026-263, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) The following shall be considered an unclaimed motor vehicle:
(1) A motor vehicle left unattended on a public road or highway for more than 48 hours.
(2) A motor vehicle, not left on private property for repairs, that has remained on private or other public property for a period of more than 48 hours without the consent of the owner or lessee of the property.
(3) A motor vehicle, left on private property for repairs, that has not been reclaimed within 48 hours from the latter of either the date the repairs were completed or the agreed upon redemption date.
(b) A person, as defined in Section 40-12-240, in possession of an unclaimed motor vehicle shall report the motor vehicle as unclaimed to the Department of Revenue within five calendar days from the date the motor vehicle first was considered unclaimed. The report shall be made in a manner as prescribed by the department.
(c)(1) Upon receiving notice as required in subsection (b), the department shall place a 60-calendar day hold on the title record and no title shall be issued during that time period unless the title transaction occurred prior to the date the motor vehicle was deemed unclaimed or the motor vehicle was returned to the recorded owner or lienholder of record, if any.
(2) If the motor vehicle was returned to the recorded owner or lienholder of record, if any, prior to the conclusion of the hold period on the title record, the person who reported the motor vehicle as unclaimed shall report the return of the motor vehicle within five calendar days in a manner as prescribed by the department.
(d)(1) A person in possession of an unclaimed motor vehicle, upon reporting the motor vehicle as unclaimed to the department, shall utilize the National Motor Vehicle Title Information System (NMVTIS) to determine the current title state of record or, if no current title exists for the motor vehicle, the most recent state of registration for the motor vehicle. Thereafter, the person shall submit a records request to the state of record within five calendar days from the date the motor vehicle was reported as unclaimed to the department.
(2) The records request shall be sent to the current title state of record in order to obtain the name and address of the owner and lienholder of record, if any. If no current title exists, the records request shall be sent to the most recent state of registration in order to obtain the name and address of the owner.
(3)a. In the event that no NMVTIS record exists and there is evidence that could be reasonably ascertained by the person indicating that the motor vehicle has been registered in another state, the person, within five calendar days from the date the motor vehicle was reported as unclaimed to the department, shall submit a records request to the state of registration in order to obtain the name and address of the owner. Thereafter, the person shall send notice by certified mail with either return receipt requested or electronic delivery confirmation, within five calendar days from receipt of the title record, to the owner and lienholder of record, if any, or registration record, to the owner of record, advising the owner and lienholder of record, if any, of the location of the motor vehicle, normal business hours of the facility holding the motor vehicle, any accrued charges or fees, the daily storage rate, and the mailing address and contact telephone number of the person in possession of the motor vehicle.
b. The notice required in paragraph a. shall include the following language in no smaller than 10 point type: “If this motor vehicle is not redeemed by the recorded owner or lienholder of record within 30 calendar days from the date of this notice, the motor vehicle shall be considered abandoned as defined in Section 32-13-1, Code of Alabama 1975. The motor vehicle may then be sold pursuant to the provisions of the Alabama Abandoned Motor Vehicle Act as provided for in Title 32, Chapter 13, Code of Alabama 1975.”
(4) A person who fails to report a motor vehicle as unclaimed or fails to notify the owner and lienholder of record, if any, in accordance with this subsection shall forfeit all claims and liens for the motor vehicle’s garaging, parking, and storage prior to the time the motor vehicle is reported as unclaimed; provided, however, failure to report shall not result in the forfeiture of claims and liens for the towing and repair of a motor vehicle.
(e)(1) The department shall maintain and appropriately index public records of unclaimed motor vehicles reported to it pursuant to this section. The department may provide lists of the vehicle identification numbers for such motor vehicles without fee in a manner as the department prescribes.
(2) The department shall provide notice of unclaimed motor vehicles to law enforcement.
(3) Notice shall also be provided to the person who reported the motor vehicle as unclaimed if it has been reported as stolen to law enforcement.
(f)(1) The department may suspend the registration of a vehicle whose theft or conversion is reported to it pursuant to this section. Until the department learns of its recovery or that the report of its theft or conversion was erroneous, it shall not issue a certificate of title for the motor vehicle.
(2) A title shall be issued by the department in the name of an insurance company on a vehicle that is reported stolen when a settlement between the insured and his or her insurance company has occurred. The title shall be issued electronically in the name of the insurance company until the vehicle has been recovered, and, if recovered, the title may be issued in paper form.
","history":"(Acts 1973, No. 765, p. 1147, §38; Act 2011-645, p. 1643, §1; Act 2015-470, p. 1608, §1; Act 2019-245, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30826,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29997,"codeId":16028,"versionId":12731,"parentId":16001,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-85","shortTitle":"Section 32-8-85","catchLine":"False Report of Theft or Conversion.","title":"Section 32-8-85 False Report of Theft or Conversion.","sectionRange":null,"content":"A person who knowingly makes a false report of the theft or conversion of a vehicle to a peace officer or to the department is guilty of a misdemeanor.
","history":"(Acts 1973, No. 765, p. 1147, §39.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30828,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":29998,"codeId":16031,"versionId":12735,"parentId":16001,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-86","shortTitle":"Section 32-8-86","catchLine":"Removed, Falsified or Unauthorized Identification Number, Registration or License Plate; Seizure of Vehicle, Part, Etc., When Number Altered, Etc.; Disposition of Forfeited Property.","title":"Section 32-8-86 Removed, Falsified or Unauthorized Identification Number, Registration or License Plate; Seizure of Vehicle, Part, Etc., When Number Altered, Etc.; Disposition of Forfeited Property.","sectionRange":null,"content":"(a) A person who willfully removes or falsifies an identification number of a vehicle, engine, transmission or other identifiable component part of a vehicle is guilty of a Class A misdemeanor and shall be punished as required by law.
(b) A person who, willfully and with intent to conceal or misrepresent the identity of a vehicle, engine, transmission or other identifiable component part of a vehicle or removes or falsifies an identification number of the same is guilty of a Class C felony and shall be punished as required by law.
(c) A person who buys, receives, possesses, sells or disposes of a vehicle, or an engine, transmission or other identifiable component part of a vehicle, knowing that an identification number of the same has been removed or falsified, is guilty of a Class A misdemeanor and shall be punished as required by law.
(d) A person who buys, receives, possesses, sells or disposes of a vehicle, engine, transmission or other identifiable component part of a vehicle, with knowledge that an identification number of same has been removed or falsified and with intent to conceal or misrepresent the identity of same is guilty of a Class C felony and shall be punished as required by law.
(e) A person who removes a license plate or tag from a vehicle or affixes to a vehicle a license plate or tag not authorized by law for use on it, in either case with intent to conceal or misrepresent the identity of a vehicle or its owner, is guilty of a Class A misdemeanor and shall be punished as required by law.
(f) As used in this section:
(1) IDENTIFICATION NUMBER. Such term includes an identifying number, serial number, engine number or other distinguishing number or mark placed on a vehicle, engine, transmission or other component part of a vehicle, by its manufacturer or by authority of the department or in accordance with the laws of another state or country.
(2) REMOVE. Such term includes deface, cover and destroy.
(3) FALSIFY. Such term includes alter and forge.
(4) IDENTIFIABLE COMPONENT PART. Such term includes any part of a vehicle that an identifying number stamped or placed on it by the manufacturer or other authorized person or any part that can be identified by other means as being a part of a particular vehicle.
(g) An identification number may be placed on a vehicle, engine, transmission, or other identifiable component part of a vehicle, by its manufacturer in the regular course of business or placed or restored on same by authority of the department without violating this section; an identification number so placed or restored is not falsified.
(h) Any vehicle, engine, transmission, or other identifiable component part, wherein the identification number or numbers appear to be altered, or removed may be seized and detained by law enforcement officials for a reasonable period of time for determination of the true identity of the vehicle, engine, transmission, or other component parts. Any item seized by law enforcement officials, wherein ownership cannot be determined shall be contraband and subject to forfeiture.
(i) Any seized item taken or retained under this section shall not be subject to replevin but is deemed to be in the custody of the state, county or municipal law enforcement agency subject only to the orders and judgment of the court having jurisdiction over the forfeiture proceedings.
(j) Any vehicle which has been reported stolen and subsequently recovered by law enforcement officials may be returned to the person claiming ownership upon proper ownership documentation. However, any recovered vehicle wherein ownership is in question shall be returned subject only to the orders of a circuit court having jurisdiction of the matter.
(k) No civil liability shall attach to any law enforcement official acting in good faith under this section.
(l) When property is forfeited under this section, the state, county, or municipal law enforcement agency may with approval of a court of competent jurisdiction:
(1) Retain it for official use.
(2) Have it placed in a crusher and destroyed.
(3) Any vehicle which is retained for official use under this section, shall be placed in a crusher and destroyed, upon its becoming unserviceable.
","history":"(Acts 1973, No. 765, p. 1147, §40; Acts 1984, 1st Ex. Sess., No. 84-795, p. 203.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30829,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30000,"codeId":16044,"versionId":12743,"parentId":16001,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-8-88","shortTitle":"Section 32-8-88","catchLine":"Motor Vehicle Theft Facility Prohibited; Definitions; Seizure and Forfeiture of Property; Disposition of Proceeds of Forfeiture Sale.","title":"Section 32-8-88 Motor Vehicle Theft Facility Prohibited; Definitions; Seizure and Forfeiture of Property; Disposition of Proceeds of Forfeiture Sale.","sectionRange":null,"content":"(a) For the purposes of this section, the following definitions shall apply:
(1) A theft facility means any area, building, storage lot, field, or any other premises or place where one or more persons are engaged in altering, dismantling, reassembling or in any way concealing or disguising the identity of a stolen motor vehicle; or any area, building storage lot, field, or any other premises or place where there are three or more stolen motor vehicles present or where there are component parts from three or more stolen vehicles present.
(2) For the purpose of this section, “major component part” means one of the following sub-assemblies of a motor vehicle regardless of its actual market value; front end assembly, including fenders, grill, hood, bumper and related parts; engine; transmission; T-Tops; rear clip assembly, including quarter panels and floor panel assembly, doors, tires, tire wheels, frame, and continuous treads and other devices.
(3) “Motor vehicle” includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway which is self-propelled or which may be connected to and towed by a self-propelled device, and also includes any and all other land based devices which are self-propelled but which are not designed for use upon a highway, including but not limited to farm machinery, bulldozers, and steam shovels.
(b) Any person who shall knowingly own, operate or conduct a theft facility or who knowingly aids and abets another person in owning, operating or conducting a theft facility shall be guilty of a Class C felony and shall be punishable as required by law. In addition to any punishment rendered, each such person convicted shall be subject to the laws regarding restitution of the state.
(c) Upon proper process and hearing as required by the State of Alabama in forfeiture proceedings, including notifying any lien holders, the following property may be seized and held for forfeiture, as described above, when any person is charged with a violation of this section, such forfeiture and sale to take place after conviction:
(1) Any engine, tool, machine, implement, device, chemical, or substance used or designed for altering, dismantling, reassembling or in any other way concealing or disguising the identity of a stolen motor vehicle or any major component part.
(2) Any stolen motor vehicle or major component part found at the site of a theft facility or any motor vehicle or major component part for which there is a probable cause to believe that it is stolen.
(3) A wrecker, car hauler, or any other motor vehicle that is used or has been used to convey or transport a stolen motor vehicle or major component part.
(d) All such proceeds of forfeiture and sale shall be divided equally between the district attorney’s fund who proceeded with the forfeiture and sale and the Alabama Department of Public Safety, auto theft division, or its successor.
(e) The records pertaining to a salvage vehicle, junk vehicle, new vehicle, rebuilt vehicle, or the parts of a vehicle, shall be available for inspection by an agent or employee of the Department of Public Safety during normal business hours.
(f) Failure to allow inspection or interference with an agent or employee of the Department of Public Safety inspecting the records of a rebuilder, salvage yard, motor vehicle dealer, reconditioner or salvage sales shall, upon conviction, be guilty of a Class A misdemeanor and shall be punishable as provided by law.
","history":"(Acts 1985, No. 85-650, p. 1010, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30831,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30001,"codeId":16068,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"9","shortTitle":"Chapter 9","catchLine":"Trucks, Trailers and Semitrailers.","title":"Chapter 9 Trucks, Trailers and Semitrailers.","sectionRange":"§32-9-1 to §32-9-32","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30832,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30002,"codeId":16069,"versionId":null,"parentId":16068,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§32-9-1 to §32-9-6","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30833,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30003,"codeId":16071,"versionId":12767,"parentId":16069,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-1","shortTitle":"Section 32-9-1","catchLine":"Trailers.","title":"Section 32-9-1 Trailers.","sectionRange":null,"content":"Trailers, when used in a truck tractor-semitrailer-trailer combination may be operated on the national system of interstate and defense highways and other highways upon designation by the Director of Transportation and final approval by the Governor. The Director of Transportation shall, at a minimum, designate those highways necessary to cause the State of Alabama to be in compliance with the Federal Surface Transportation Assistance Act of 1982.
Except as provided above, no person shall operate any trailer, as defined in this title, on any highway unless such trailer is operated for the purpose of constructing highways or other facilities of the state or a political subdivision thereof. The Department of Transportation is authorized to regulate the movement of such trailers from one job to another by special permits issued in the same manner as permits are issued under Section 32-9-29. No trailer or semitrailer of any kind shall be used for the hauling of passengers for hire except as provided by Article 2 of this chapter.
The provisions of this article relating to trailers shall not apply to the movement over the highways of trailers manufactured, reconditioned, or repaired in this state when reasonably necessary for the delivery of such trailers to the owners or purchasers thereof outside the state; provided, that such movement shall be subject to special permit to be issued by the Director of the Department of Transportation. Such permits may be issued and may be renewed upon such terms and conditions, in the interest of public safety and the preservation of the highways, as the Director of the Department of Transportation may in his or her discretion require, and he or she may designate the route over which such trailers may be moved and the hours of movement thereof.
","history":"(Acts 1927, No. 347, p. 348; Acts 1932, Ex. Sess., No. 58, p. 68; Code 1940, T. 36, §80; Acts 1947, No. 690, p. 526; Acts 1965, 2nd Ex. Sess., No. 138, p. 190; Acts 1985, 2nd Ex. Sess., No. 85-912, p. 188, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30834,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30004,"codeId":16075,"versionId":24237,"parentId":16069,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-2","shortTitle":"Section 32-9-2","catchLine":"Towing Cotton Wagons and Module-Movers.","title":"Section 32-9-2 Towing Cotton Wagons and Module-Movers.","sectionRange":null,"content":"The provisions of any other law or the provisions of any administrative rule, regulation, or order to the contrary notwithstanding, it shall be lawful to tow cotton wagons and module-movers on the highways of the state when the wagons or module-movers are being used to haul cotton from the field to the gin and to return them to the farm from the gin, but it shall not be lawful to tow the cotton wagons on any interstate or limited-access highway in the state; provided, that no more than two wagons shall be attached to one truck, the width of each wagon or module-mover shall not exceed 10 feet, and the overall length of the wagons or module-mover and truck shall not exceed 85 feet.
","history":"(Acts 1971, No. 2236, p. 3593; Acts 1987, No. 87-562, p. 875, §1; Act 2000-457, p. 856, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30835,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30005,"codeId":16081,"versionId":12776,"parentId":16069,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-3","shortTitle":"Section 32-9-3","catchLine":"Enforcement of Chapter.","title":"Section 32-9-3 Enforcement of Chapter.","sectionRange":null,"content":"Any peace officer, including sheriffs and their deputies, constables and their deputies, police officers and marshals of cities or incorporated towns, county police or patrols, state or county license inspectors and their deputies, state troopers and special officers appointed by any agency of the State of Alabama for the enforcement of its laws relating to motor vehicles, now existing or hereafter enacted, shall be authorized, and it is hereby made the duty of each of them to enforce the provisions of this chapter and to make arrests for any violation or violations thereof, without warrant, if the offense is committed in his or her presence, and with warrant if he or she does not observe the commission of the offense. If the arrest is made without warrant, the accused may elect to be immediately taken before the nearest court having jurisdiction, whereupon it shall be the duty of the officer to so take him or her. If the accused elects not to be so taken, then it shall be the duty of the officer to require of the accused a bail bond in a sum not to exceed $300.00, conditioned that the accused binds himself or herself to appear in the nearest court having jurisdiction at the time fixed in the bond. In case the arrested person fails to appear on the day fixed, the bond shall be forfeited in the manner as is provided for the forfeiture of bonds in other cases. No officer shall be permitted to take a cash bond. The officer making the arrest and taking the bond shall report the same to the court having jurisdiction within 18 hours after taking such bond.
","history":"(Acts 1932, Ex. Sess., No. 58, p. 68; Code 1940, T. 36, §86.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30836,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30006,"codeId":16086,"versionId":12780,"parentId":16069,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-4","shortTitle":"Section 32-9-4","catchLine":"Courts Having Jurisdiction.","title":"Section 32-9-4 Courts Having Jurisdiction.","sectionRange":null,"content":"All courts having jurisdiction of misdemeanors punishable by a fine of $500.00 or less and by imprisonment or hard labor, as above provided, shall have concurrent jurisdiction of the trial of all offenses under this chapter committed within their respective territorial jurisdictions.
","history":"(Acts 1932, Ex. Sess., No. 58, p. 68; Acts 1939, No. 484, p. 687; Code 1940, T. 36, §84.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30837,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30007,"codeId":16090,"versionId":12784,"parentId":16069,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-5","shortTitle":"Section 32-9-5","catchLine":"Penalties.","title":"Section 32-9-5 Penalties.","sectionRange":null,"content":"The operation of any truck, semitrailer truck, or trailer in violation of any section of this chapter or of the terms of any permit issued under this chapter, shall constitute a misdemeanor, and the owner thereof, if such violation was with his or her knowledge or consent, and the operator thereof shall, on conviction, be fined not less than $100.00 nor more than $500.00 and may also be imprisoned or sentenced to hard labor for the county for not less than 30 days nor more than 60 days.
","history":"(Acts 1932, Ex. Sess., No. 58, p. 68; Acts 1939, No. 484, p. 687; Code 1940, T. 36, §83.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30838,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30008,"codeId":16096,"versionId":12788,"parentId":16069,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-6","shortTitle":"Section 32-9-6","catchLine":"Disposition of Fines and Forfeitures.","title":"Section 32-9-6 Disposition of Fines and Forfeitures.","sectionRange":null,"content":"All fines and forfeitures collected upon conviction or upon forfeiture of bail of any person charged with a violation of any of the provisions of this chapter constituting a misdemeanor, shall be, within 30 days after such fine or forfeiture is collected, forwarded to the State Treasurer. All amounts received from such fines or forfeitures shall be credited to the State General Fund. Failure, refusal, or neglect to comply with the provisions of this section shall constitute misconduct in office and shall be ground for removal therefrom. All fines and forfeitures collected by district courts or municipal courts for violation of ordinances, whether for acts constituting violations of the provisions of this chapter or not, shall be paid into the treasury of such municipality in which the same were collected.
","history":"(Acts 1932, Ex. Sess., No. 58, p. 68; Code 1940, T. 36, §88; Acts 1943, No. 459, p. 421; Acts 1949, No. 518, p. 773, §4; Acts 1951, No. 363, p. 658.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30839,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30009,"codeId":16102,"versionId":null,"parentId":16068,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Size and Weight.","title":"Article 2 Size and Weight.","sectionRange":"§32-9-20 to §32-9-32","content":null,"history":null,"numChildren":14,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30840,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30011,"codeId":31613,"versionId":26615,"parentId":16102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-20.1","shortTitle":"Section 32-9-20.1","catchLine":"Appurtenance Exceeding Maximum Prescribed Width.","title":"Section 32-9-20.1 Appurtenance Exceeding Maximum Prescribed Width.","sectionRange":null,"content":"Notwithstanding the provisions of Section 32-9-20, an appurtenance attached to a motor home, travel trailer, self-propelled camper or house car, truck camper, or recreational vehicle commonly known as an R.V. may exceed the maximum prescribed width provided in Section 32-9-20 if the appurtenance does not extend six inches beyond the sidewall of the vehicle. For the purpose of this section, an appurtenance is a part which is an integral part of the vehicle including, but not limited to, awnings, grab handles, lighting equipment, cameras, and vents. An appurtenance may not be used as a load-carrying device.
","history":"(Act 2005-323, 1st Sp. Sess., p. 787, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30842,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30012,"codeId":16108,"versionId":32978,"parentId":16102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-21","shortTitle":"Section 32-9-21","catchLine":"Maximum Permissible Length and Width of Motor Bus.","title":"Section 32-9-21 Maximum Permissible Length and Width of Motor Bus.","sectionRange":null,"content":"(a) The term motor bus, wherever used in this section, means any motor-propelled vehicle used on the highways of this state for the transportation of passengers for hire.
(b) Except as provided in subsection (d), it shall be lawful to drive or operate upon any highway in this state any motor bus which does not exceed 45 feet in length, and eight and one-half feet in width, exclusive of detachable wind deflection devices which have been approved by the State Department of Transportation and safety equipment.
(c) The term articulated motor bus, wherever used in this section, means any motor bus, divided into joined sections, that actuates in a manner ensuring a turning radius which is less than a motor bus of the same length without such joined actuation.
(d) It shall be lawful to drive or operate on any highway in this state an articulated motor bus which does not exceed 60 feet in length, and eight and one-half feet in width, exclusive of detachable wind deflection devices which have been approved by the State Department of Transportation and safety equipment.
(e) Nothing contained in this section shall be construed to change in any way any law affecting the regulation of any motor bus except with respect to the maximum permissible length and width thereof.
","history":"(Acts 1951, No. 801, p. 1400; Acts 1979, No. 79-792, p. 1445, §1; Acts 1981, No. 81-402, p. 631; Act 2010-694, p. 1683, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30843,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30013,"codeId":16111,"versionId":12797,"parentId":16102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-22","shortTitle":"Section 32-9-22","catchLine":"Exemptions - Generally.","title":"Section 32-9-22 Exemptions - Generally.","sectionRange":null,"content":"(a) There shall be exempt from the provisions of this article trucks, semitrailer trucks, or trailers owned by the United States, or any agency thereof, the State of Alabama, or any county or city, or incorporated town; nor shall the provisions of this article apply to implements of husbandry temporarily propelled or moved upon the highways; nor shall the provisions of this article apply to trucks, semitrailer trucks, or trailers used exclusively for carrying 50 bales or less of cotton.
(b) If any truck, semitrailer truck, or trailer shall be licensed by any city or incorporated town and the registration plate or plates issued as evidence of the license shall be conspicuously exhibited on the truck, semitrailer truck, or trailer, in the manner required by law, the provisions of this article shall not apply to the operation of such vehicles within the limits of the municipality or within the police jurisdiction thereof; provided, that municipalities may provide by ordinance maximum limits with respect to the weight, height, width, and length of trucks, semitrailer trucks, and trailers within their police jurisdiction; provided, that the maximum limits prescribed shall not be less than those fixed in Section 32-9-20 and may impose license taxes on such vehicles and require all such vehicles to have affixed thereto, in some conspicuous place, a registration plate or plates.
","history":"(Acts 1932, Ex. Sess., No. 58, p. 68; Code 1940, T. 36, §90; Acts 1947, No. 100, p. 26; Acts 1949, No. 255, p. 377, §1; Acts 1963, No. 295, p. 762, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30844,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30014,"codeId":16115,"versionId":12800,"parentId":16102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-23","shortTitle":"Section 32-9-23","catchLine":"Exemptions - Milk Transporters.","title":"Section 32-9-23 Exemptions - Milk Transporters.","sectionRange":null,"content":"There shall be exempt from the provisions of this article as to weight any truck or semitrailer truck transporting milk for human consumption, for which refrigeration and transit is reasonably necessary in the interest of public health, when moving under refrigeration to or from market from the territory in which such commodity is collected or concentrated.
","history":"(Acts 1932, Ex. Sess., No. 58, p. 68; Code 1940, T. 36, §92; Acts 1951, No. 876, p. 1514.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30845,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30015,"codeId":16118,"versionId":12804,"parentId":16102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-24","shortTitle":"Section 32-9-24","catchLine":"Exemptions - Farm Tractors.","title":"Section 32-9-24 Exemptions - Farm Tractors.","sectionRange":null,"content":"Farm tractors shall be exempt from the restrictions of this article as to width, but, however, shall not exceed nine feet in width.
","history":"(Acts 1927, No. 347, p. 348; Code 1940, T. 36, §93.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30846,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30016,"codeId":16121,"versionId":12807,"parentId":16102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-25","shortTitle":"Section 32-9-25","catchLine":"Exemptions - Length.","title":"Section 32-9-25 Exemptions - Length.","sectionRange":null,"content":"There shall be exempt from this article as to length, detachable wind deflection devices which have been approved by the State Department of Transportation, loads of poles, logs, lumber, laminated wood building materials, structural steel, piping, and timber, and vehicles transporting same. Trucks, trailers, and semitrailers which are constructed and used exclusively for the hauling of livestock, shall also be exempt from the restrictions of this article as to length, but shall not exceed 65 feet in length.
","history":"(Acts 1939, No. 484, p. 687; Code 1940, T. 36, §94; Acts 1949, No. 607, p. 939; Acts 1979, No. 79-430, p. 677; Acts 1979, No. 79-792, p. 1445, §1; Acts 1993, No. 93-630, p. 1076, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30847,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30017,"codeId":16125,"versionId":12811,"parentId":16102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-26","shortTitle":"Section 32-9-26","catchLine":"Exemptions - Two to Eight Wheel, One to Four-Axle Trailer - Transporting Agricultural Commodities, Etc.","title":"Section 32-9-26 Exemptions - Two to Eight Wheel, One to Four-Axle Trailer - Transporting Agricultural Commodities, Etc.","sectionRange":null,"content":"Any provision of any other law or the provision of any administrative rule, regulation, or order to the contrary notwithstanding, it shall be lawful for any farmer, custom picker, or husbandman to operate a two to eight-wheel, one to four-axle trailer on the highways of this state if the trailer is being used exclusively for the purpose of transporting to and from a farm agricultural commodities or products and for agricultural purposes relating to the operation and maintenance of a farm; provided, that the combined weight of the trailer and its load is not in excess of 36,000 pounds, nor more than 10,000 pounds per axle, whichever is less.
","history":"(Acts 1953, No. 688, p. 940, §1; Acts 1964, 1st Ex. Sess., No. 140, p. 204; Acts 1987, No. 87-585, p. 955, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30848,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30018,"codeId":16129,"versionId":12815,"parentId":16102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-27","shortTitle":"Section 32-9-27","catchLine":"Exemptions - Two to Eight Wheel, One to Four-Axle Trailer - Size and Equipment of Such Trailers.","title":"Section 32-9-27 Exemptions - Two to Eight Wheel, One to Four-Axle Trailer - Size and Equipment of Such Trailers.","sectionRange":null,"content":"All such trailers as described in Section 32-9-26 shall be equipped with red reflectors to adequately illuminate the rear of such trailer by placing at least two on the rear and one at each side. No such trailer shall be in excess of 10 feet in width, except that such trailer shall not exceed 102 inches in width when operated or moved on the Interstate Highway System, and no such trailer, drawbar, or other connection, including the vehicle towing such trailer, shall be in excess of overall length of 76 feet. Overhang of round bales of hay on such trailer shall not exceed one foot per side except that the width of the trailer including overhang shall not exceed 102 inches when operated or moved on the Interstate Highway System. At no time shall there be more than one loaded trailer towed by any vehicle; provided, that two empty farm wagons or trailers with two or more wheels may be towed in tandem when the overall length of the towing vehicle and its tow does not exceed 76 feet altogether.
","history":"(Acts 1953, No. 688, p. 940, §2; Acts 1965, No. 866, p. 1641; Acts 1987, No. 87-585, p. 955, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30849,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30019,"codeId":16134,"versionId":12818,"parentId":16102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-28","shortTitle":"Section 32-9-28","catchLine":"Exemptions - Two to Eight Wheel, One to Four-Axle Trailer - Violations.","title":"Section 32-9-28 Exemptions - Two to Eight Wheel, One to Four-Axle Trailer - Violations.","sectionRange":null,"content":"Any person violating the provisions of Sections 32-9-26 and 32-9-27 shall be guilty of a misdemeanor and punished as provided by law.
","history":"(Acts 1953, No. 688, p. 940, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30850,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30020,"codeId":16138,"versionId":43629,"parentId":16102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-29","shortTitle":"Section 32-9-29","catchLine":"Permits for Movement of Oversized Vehicles or Loads.","title":"Section 32-9-29 Permits for Movement of Oversized Vehicles or Loads.","sectionRange":null,"content":"(a) Authorized; application; issuance; seasonal, etc., limitations; refusal, revocation, or cancellation.
(1) The Director of the Department of Transportation or the official of the department designated by the director, upon application and for good cause being shown therefor, may issue a permit in writing authorizing the applicant to operate or move upon the state’s public roads a vehicle or combination of no more than two vehicles and loads whose weight, width, length, or height, or combination thereof, exceeds the maximum limit specified by law; provided, that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantled or separated; provided, however, that bulldozers and similar construction equipment shall not be deemed readily separable for purposes of this chapter; and further provided, that no permit shall be issued to any vehicle whose operation upon the public roads of this state threatens to unduly damage a road or any appurtenances thereto.
(2) Permits may be issued on application to the department to persons, firms, or corporations. The director shall adopt reasonable rules which are necessary or desirable governing the issuance of the permits; provided, that the rules shall not conflict with this title and other provisions of law.
(3) The original copy of every permit shall be carried in the vehicle itself and shall be open to inspection by any law enforcement officer or authorized agent of the department.
(4) The application for any permit shall specifically describe the type of permit applied for, as described in subsection (b), and the application for a single trip permit, in addition, shall describe the points of departure and destination.
(5) The director or the official of the department designated by the director may withhold such permit or, if such permit is issued, may establish seasonal or other time limitations within which the vehicles described may be operated on the public road indicated, or may otherwise limit or prescribe conditions of operation of such vehicle, when necessary to assure against undue damage to the road foundation, surfaces, or bridge structures, and require such undertaking or other security as may be deemed necessary to compensate the state for any injury to any roadway or bridge structure.
(6) For just cause, including, but not limited to, repeated and consistent past violations, the director or an official of the department designated by the director may refuse to issue, or may cancel, suspend, or revoke, the permit of an applicant or permittee.
(b) Duration and limits of permits; bond or insurance requirements.
(1)a. ANNUAL. The director or the official of the department designated by the director, pursuant to this section, may issue an annual permit which shall permit the vehicle or combination vehicle and load to be operated on the state highway system of this state for 12 months from the date the permit is issued, even though the vehicle or its load exceeds the maximum limits specified in this article; provided, that an annual permit shall not authorize the operation of a vehicle including all enforcement tolerances:
1. Whose total gross weight exceeds 150,000 pounds; provided, that gross weights over 100,000 pounds shall require advance routing by the department;
2. Whose single axle weight exceeds 22,000 pounds;
3. Whose total length exceeds 75 feet; with the exception of mobile homes, whose length limitations, including towing vehicle, shall be 85 feet;
4. Whose total width exceeds 120 inches or whose load width exceeds 144 inches; with the exception of mobile homes, whose width limitation shall be 168 inches; provided, that mobile homes whose width exceeds 144 inches shall require advance route approval by the department; or
5. Whose height exceeds 14 feet.
A permit to operate a vehicle which exceeds the statutory limits of height, weight, width, or length shall be issued only on condition of payment of an indemnity bond or proof of insurance protection for three hundred thousand dollars ($300,000.00) the bond or insurance protection conditioned for payment to the department to be held in trust for the benefit of the owners of bridges and appurtenances thereof, traffic signals, signs, or other highway structures damaged by a vehicle operating under authority of the overheight permit. The liability under the bond or insurance certificate shall be contingent upon proof of negligence or fault on the part of the permittee, his or her agents, or operators.
b. Notwithstanding paragraph a., the director, pursuant to this section, may issue an annual permit to operate a vehicle which exceeds the maximum limits otherwise provided in this article for rubber-tired equipment used solely in the scope and operation of mining refractory grade bauxite. The equipment may not exceed the limits of paragraph a., except that the permit may not authorize the operation of a vehicle, including enforcement tolerances, which exceeds 16 feet in width, exceeds 18 feet in height, or exceeds a single axle weight of 27,000 pounds. In addition, the permit may not authorize the operation of the vehicle on any bridge, over or under any overpass, or on an interstate highway. The fee for the annual permit shall be one hundred dollars ($100).
(2) SINGLE TRIP. The director may issue a single trip permit, pursuant to this section, to any vehicle.
(c) Fees. The director may adopt rules concerning the issuance of permits and charge a fee for the issuance as follows:
(1) ANNUAL. Charges for the issuance of annual permits shall be as follows:
a. For modular homes, sectional houses, portable buildings, boats, and any vehicle or combination of vehicles, one hundred dollars ($100.00); except, that a vehicle or combination of vehicles having trailer or combination of trailers with sidewalls or roof which has transported modular homes, sectional houses, and portable buildings, after depositing any load, may return unloaded to its point of origin, even though the unloaded vehicles exceed the 55-foot limitation provided for in this article, up to and including 12 feet wide and 75 feet long.
b. For heavy commodities or equipment, overweight, overlength, overheight, and overwidth, one hundred dollars ($100.00). A tractor and trailer (low boy type), after depositing a load referred to in this subparagraph, may return to its point of origin, even though the unloaded tractor and trailer (low boy type) may exceed the 55-foot limitation provided for in this article up to and including 12 feet wide and 75 feet long.
c. For mobile homes up to and including 14 feet wide and 85 feet long, including towing vehicle, one hundred dollars ($100.00).
(2) SINGLE TRIP. Charges for the issuance of single trip permits shall be as follows:
a. Mobile homes, modular homes, sectional houses, portable buildings, and boats:
1. Up to and including 12 feet wide and 75 feet long, ten dollars ($10.00).
2. Boats in excess of 12 feet wide, twenty dollars ($20.00).
3. Mobile homes, modular homes, sectional houses, and portable buildings in excess of 12 feet wide and/or 75 feet long, twenty dollars ($20.00).
b. Heavy commodities or equipment:
1. Over on any limitations as to length, height, or width, ten dollars ($10.00).
2. Over on weight, as follows:
| WEIGHT PERMITTED | PERMIT FEE |
| From 80,001 pounds up to 100,000 pounds | $ 10.00 |
| From 100,001 pounds up to 125,000 pounds | 30.00 |
| From 125,001 pounds up to 150,000 pounds | 60.00 |
| From 150,001 pounds and over | 100.00 |
c. Miscellaneous:
1. Houses, twenty dollars ($20.00).
2. Off-the-road equipment, ten dollars ($10.00).
3. Other oversized vehicles, loads, and equipment not herein specified, twenty dollars ($20.00).
4. Other overheight loads not herein specified, ten dollars ($10.00).
(d) Certain vehicles on interstate highways. Under this section, 14 feet-wide vehicles and combination vehicles and load may be issued a permit to travel the interstate highways.
(e) The Director of the Department of Transportation, by rule, may establish limits for combinations of commercial wreckers and towed disabled or abandoned vehicles that exceed the maximum height, weight, or length limitations established by law. The director may establish a permitting method for commercial wreckers and may establish a fee for any permits that are issued. The director may authorize exceptions to any permit required under this subsection or may waive any permit required under this subsection under emergency, exigent, or other extraordinary conditions. Permits may not be issued to a person or entity that is currently prohibited from operating by a federal or state agency responsible for vehicle safety. The permit authorized by this subsection shall be in addition to any registration requirements as provided for in Chapter 6 of this title and Chapter 12 of Title 40.
(f) Violations of federal law, etc. No permit shall be issued under this section if the issuance of the permit would violate United States law or would cause the State of Alabama to lose federal-aid funds. Notwithstanding any provisions of any statute to the contrary, all permit fees collected in accordance with this section shall be paid to the Public Road and Bridge Fund in addition to any sums appropriated therefor to the department.
(g) Farm and agricultural commodities and equipment exempt. The term heavy commodities or equipment, as used in this section, is not intended to include farm and agricultural commodities or equipment, and such farm or agricultural commodities and equipment are exempt from the requirement of obtaining permits for movement on the state highway system of Alabama.
","history":"(Acts 1932, Ex. Sess., No. 58, p. 68; Acts 1939, No. 484, p. 687; Code 1940, T. 36, §91; Acts 1977, No. 775, p. 1332, §§1 through 3; Acts 1977, 1st Ex. Sess., No. 78, p. 1506; Acts 1978, No. 837, p. 1241; Act 98-321, p. 562, §1; Act 2019-473, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30851,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30021,"codeId":16142,"versionId":12825,"parentId":16102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-29.1","shortTitle":"Section 32-9-29.1","catchLine":"Special Permits for Movement of Certain Site-Built Buildings.","title":"Section 32-9-29.1 Special Permits for Movement of Certain Site-Built Buildings.","sectionRange":null,"content":"(a) The Director of the State Department of Transportation or the official of the State Department of Transportation designated by the director may, at his or her discretion, upon application and for good cause being shown therefor, issue special permits to the applicant, for movement on or over the public highways, for motor vehicles when used in the transportation of site-built residential buildings or otherwise, which had at one time been affixed to a permanent foundation; provided, however, that this section shall not extend to those motor vehicles used in the transportation of what is commonly referred to as mobile homes, house trailers, prefabricated housing, or other factory-built buildings.
The applicants for the permits issued under this section shall state if the route of the movement will cross one or more railroads at grade.
If such a crossing is to be made, the Director of the State Department of Transportation or the official of the State Department of Transportation designated will notify the railroad or railroads involved, stating the time and route of the anticipated move.
(b) The fee for the issuance of such permits shall be the same as set forth in Section 32-9-29(c).
","history":"(Acts 1983, No. 83-646, p. 1008.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30852,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30023,"codeId":16150,"versionId":12833,"parentId":16102,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9-32","shortTitle":"Section 32-9-32","catchLine":"Scales.","title":"Section 32-9-32 Scales.","sectionRange":null,"content":"The Director of the Department of Transportation is authorized to designate, furnish instructions to, prescribe rules and regulations for the conduct of, and to supervise official stations for determining the weight of motor vehicles at such points as it may be deemed necessary. Such designated weighing devices shall be checked by the weights and measures division of the Department of Agriculture and Industries and certified to be correct within the tolerances prescribed under the rules and regulations established by the state Department of Agriculture and Industries, and checks shall be made at such points as is deemed necessary by the weights and measures division of the Department of Agriculture and Industries. All stations shall comply with the requirements of the director and shall be available for the use of all officers in the enforcement of this chapter. The expense of weighing such motor vehicles shall be paid out of any funds made available for the use of the state highway patrol. If it is found that any motor vehicle is being operated in violation of this chapter, the expenses of such weighing shall be taxed as part of the costs for the prosecution of such violation. A certificate issued by the chief of the division of weights and measures of the Department of Agriculture and Industries, signed by such official, under oath, and countersigned by the Commissioner of Agriculture and Industries, in which the chief of the division of weights and measures certifies that scales, or weighing devices, have been checked and approved as required under the provisions of this section and Section 32-9-31 and found to be correct, within prescribed tolerances, shall be received in any court as prima facie evidence of the fact that the scales or weighing devices designated and identified in such certificate have been checked and approved for accuracy in accordance with the requirements of this section and Section 32-9-31; provided, that such certificate must show that the scales or weighing devices were checked for accuracy within a period of four months (120 days) prior to the date on which the motor vehicle was weighed to determine whether such vehicle was being operated in violation of this chapter.
","history":"(Acts 1932, Ex. Sess., No. 58, p. 68; Code 1940, T. 36, §87; Acts 1949, No. 518, p. 773, §3; Acts 1953, No. 827, p. 1114.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30854,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30024,"codeId":28774,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"9A","shortTitle":"Chapter 9A","catchLine":"Commercial Motor Vehicle Safety Requirements.","title":"Chapter 9A Commercial Motor Vehicle Safety Requirements.","sectionRange":"§32-9A-1 to §32-9A-6","content":null,"history":null,"numChildren":7,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30855,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30025,"codeId":28775,"versionId":22532,"parentId":28774,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9A-1","shortTitle":"Section 32-9A-1","catchLine":"Definitions.","title":"Section 32-9A-1 Definitions.","sectionRange":null,"content":"Whenever used in this chapter, unless a different meaning clearly appears in the context, the following terms shall be given the following respective meanings:
(1) COMMERCE. a. Any trade, traffic, or transportation within the jurisdiction of the United States between a place in a state and a place outside of the state, including a place outside of the United States.
b. For the purpose of this chapter, commerce also includes any trade, traffic, or transportation beginning and ending within the boundaries of this state.
(2) COMMERCIAL MOTOR VEHICLE. Any self-propelled or towed vehicle used on the highways in commerce to transport passengers or property if the vehicle meets any of the following:
a. It has a gross weight rating or gross combination weight of more than 10,000 pounds, whether operated interstate or intrastate.
b. It is designed to transport more than 15 passengers, including the driver, regardless of weight.
c. It is used to transport hazardous materials in a quantity requiring placards under regulation of the U.S. Department of Transportation.
(3) DEPARTMENT. The Alabama Department of Public Safety.
(4) DIRECTOR. The Director of the Alabama Department of Public Safety.
","history":"(Act 98-493, p. 952, §1; Act 99-203, p. 261, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30856,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30026,"codeId":28776,"versionId":50906,"parentId":28774,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9A-2","shortTitle":"Section 32-9A-2","catchLine":"Compliance with Federal Motor Carrier Safety Regulations; In-Service Training by Law Enforcement Officers.","title":"Section 32-9A-2 Compliance with Federal Motor Carrier Safety Regulations; In-Service Training by Law Enforcement Officers.","sectionRange":null,"content":"(a)(1) Except as otherwise provided in subsection (b), no person may operate a commercial motor vehicle in this state, or fail to maintain required records or reports, in violation of the federal motor carrier safety regulations as prescribed by the U.S. Department of Transportation, 49 C.F.R. Part 107, Parts 171-180, Part 380, Parts 382-387, and Parts 390-399 and as they may be amended in the future. Except as otherwise provided herein, this chapter shall not be construed to repeal or supersede other laws relating to the operation of motor vehicles.
(2)a. No person may operate a commercial motor vehicle in this state in violation of 49 C.F.R. § 393.120, as amended, relating to load securement for certain metal coils.
b. No one owning, leasing, or allowing a commercial vehicle to be operated in this state shall knowingly or negligently be in violation of 49 C.F.R. § 393.120, as amended, relating to load securement for metal coils.
(3) No person may knowingly or negligently own or lease or cause to be operated on any public highway, road, street, or other public right-of-way a commercial motor vehicle loaded with a metal coil in a manner that fails to comply with 49 C.F.R. § 393.120 and thereby allows a metal coil to drop, fall, spill, shift, or otherwise escape from the commercial vehicle onto any public highway, road, street, or any other public right-of-way.
(4) Except as it relates to subdivision (3), no law enforcement officer may make an arrest or issue a citation under this chapter unless he or she has satisfactorily completed, as a part of his or her training, the basic course of instruction developed by the Commercial Vehicle Safety Alliance. Those law enforcement officers authorized to enforce this chapter shall annually receive in service training related to commercial motor vehicle operations, including, but not limited to, training in current federal motor carrier safety regulations, safety inspection procedures, and out-of-service criteria. The annual training requirements shall be designated and specified by the director. An officer qualified under this section to make an arrest or issue a citation pursuant to subdivision (3) may arrest or issue a citation to the driver of a commercial motor vehicle without a warrant and without witnessing the violation personally if, upon personal investigation, the officer has reasonable cause to believe that a violation has occurred.
(b) Notwithstanding subsection (a) or any other provision of law to the contrary:
(1) Amendments to the hours of service regulations promulgated by the U.S. Department of Transportation at 68 Federal Register 22456, April 28, 2003 and effective June 27, 2003, shall not apply to utility service vehicles as defined at 49 C.F.R. § 395.2, not including television cable or community antenna service vehicles, which are owned or operated by utilities regulated by the Public Service Commission or electric cooperatives and which are engaged solely in intrastate commerce in this state until June 27, 2006, provided the amendments are valid and remain in effect as of that date. Hours of service regulations that are applicable in this state immediately prior to June 27, 2003, shall remain applicable to utility service vehicles engaged solely in intrastate commerce in this state until June 27, 2006. If the U.S. Department of Transportation issues an official finding that this provision may result in the loss of federal Motor Carrier Safety Assistance Program funding, the Alabama State Law Enforcement Agency may adopt rules providing for earlier implementation of the amendments to the federal hours of service regulations. If federal law or regulations are amended at any time to exempt utility service vehicles from the hours of service requirements, any exemption shall be effective in this state immediately for the duration of the federal exemption.
(2) The Alabama State Law Enforcement Agency may adopt rules suspending the effective date for up to three years after adoption of any motor carrier safety regulation by the U.S. Department of Transportation as applied to vehicles engaged solely in intrastate commerce in this state, provided that the suspension does not result in the loss of federal Motor Carrier Safety Assistance Program funding.
(3) The Alabama State Law Enforcement Agency may enter into agreements with state and local emergency management agencies and private parties establishing procedures for complying with 49 U.S.C. § 31502(e) and federal regulations promulgated thereto at 49 C.F.R. § 390.23 which provide an exemption from the hours of service regulations during certain emergencies.
(4) The Alabama State Law Enforcement Agency may adopt rules granting any waiver, variance, or exemption permitted under 49 U.S.C. § 31102(e) and federal regulations promulgated thereto at 49 C.F.R. §§ 350.305 through 350.309, provided that the waiver, variance, or exemption does not result in the loss of federal Motor Carrier Safety Assistance Program funding and does not take effect unless approved by the U.S. Department of Transportation if that approval is required.
(5) A commercial motor vehicle operated in intrastate commerce which does not equal or exceed 26,001 pounds, except a motor vehicle, regardless of weight, which is designed or used to transport 16 or more passengers, including the driver, or which is used in the transportation of hazardous materials and required to be placarded pursuant to 49 C.F.R. Part 172, Subpart F, shall be exempt from the federal motor carrier regulations otherwise made applicable in this state pursuant to subsection (a). For purposes of this subdivision, “commercial motor vehicle” means a commercial motor vehicle as defined in 49 C.F.R. § 390.5.
(6) For purposes of those provisions of 49 C.F.R. Part 395 providing for exemptions from the hours of service requirements of that part respecting the operation of motor vehicles for the transportation of agricultural commodities as contemplated in that part, the planting and harvesting season for this state is defined by the Legislature as the period from April 1 of each calendar year to March 31 of the next succeeding calendar year.
(c) Nothing in this section shall be interpreted to exempt any person from the obligations to operate a motor vehicle in a safe and proper manner or to observe the rules of the road, nor shall any provision of this section be interpreted to immunize any person from civil liability for actionable conduct.
","history":"(Act 98-493, p. 952, §2; Act 2003-478, p. 1479, §1; Act 2007-298, p. 536, §§1-3; Act 2008-336, p. 616, §1; Act 2009-143, p. 263, §2; Act 2011-638, p. 1565, §1; Act 2013-207, p. 443, §1; Act 2021-386, §1; Act 2024-245, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30857,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30027,"codeId":37794,"versionId":30580,"parentId":28774,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9A-2.5","shortTitle":"Section 32-9A-2.5","catchLine":"Inspection of Commercial Vehicles.","title":"Section 32-9A-2.5 Inspection of Commercial Vehicles.","sectionRange":null,"content":"The Department of Public Safety shall use their commercial vehicle inspection authority, including portable scales, in those areas of the state that are prone to accidents involving the transportation of metal coils to aggressively inspect and weigh vehicles transporting metal coils to insure the loads are being transported safely and in compliance with state and federal regulations.
","history":"(Act 2009-143, p. 263, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30858,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30028,"codeId":28777,"versionId":22533,"parentId":28774,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9A-3","shortTitle":"Section 32-9A-3","catchLine":"Inspection of Records; Etc., Rules and Regulations.","title":"Section 32-9A-3 Inspection of Records; Etc., Rules and Regulations.","sectionRange":null,"content":"Any records required to be maintained by operators of commercial motor vehicles pursuant to state or federal laws or regulations shall be open to inspection during the normal business hours of a carrier by members designated by the director. The inspection may be made without a warrant. Members of the department designated by the director may also go on the property of an operator of a commercial motor vehicle to conduct inspections of facilities and records to ensure compliance with applicable state and federal laws and regulations governing commercial motor vehicle operations.
The director may promulgate reasonable rules and regulations relating to this chapter subject to the Alabama Administrative Procedure Act.
","history":"(Act 98-493, p. 952, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30859,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30029,"codeId":28778,"versionId":50907,"parentId":28774,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9A-4","shortTitle":"Section 32-9A-4","catchLine":"Penalties.","title":"Section 32-9A-4 Penalties.","sectionRange":null,"content":"(a) Any person violating Section 32-9A-2(a)(1) shall be guilty of a misdemeanor and punished by a fine of not less than twenty-five dollars ($25) nor more than two thousand dollars ($2,000) for each offense. In addition, the court may impose a sentence of imprisonment in the county jail, not to exceed 30 days, for each offense.
(b) Any person violating Section 32-9A-2(a)(2)a. or a motor carrier violating Section 32-9A-2(a)(2)b. shall be guilty of a misdemeanor and punished by a fine of not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500) for each offense.
(c) Any operator of a commercial motor vehicle violating Section 32-9A-2(a)(2)a. in which a metal coil drops, falls, spills, shifts, or otherwise escapes from the vehicle shall be guilty of a misdemeanor and punished by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000).
(d) Any person violating Section 32-9A-2(a)(3) shall be guilty of a misdemeanor and punished by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000).
(e) In addition to the other penalties for a violation of subdivisions (2) or (3) of Section 32-9A-2(a), the court may impose a sentence of imprisonment in the county jail, not to exceed one year, for each conviction under subdivisions (2) or (3) of Section 32-9A-2(a).
(f) In addition to other punishment fixed by law, the court may enter an order prohibiting the person from operating any commercial motor vehicle for a period to be specified by the court, or perpetually, as the court may determine.
","history":"(Act 98-493, p. 952, §4; Act 2009-143, p. 263, §2; Act 2024-245, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30860,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30030,"codeId":28779,"versionId":22534,"parentId":28774,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9A-5","shortTitle":"Section 32-9A-5","catchLine":"Construction.","title":"Section 32-9A-5 Construction.","sectionRange":null,"content":"This chapter is remedial and should be liberally construed to promote the public health, public safety, and general welfare. To the extent this chapter directly conflicts with other state laws governing the operation of motor vehicles, this chapter prevails. Where this chapter is silent and not in direct conflict with other laws, the general laws governing the operation of motor vehicles shall continue in force and effect.
","history":"(Act 98-493, p. 952, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30861,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30031,"codeId":46928,"versionId":50872,"parentId":28774,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9A-6","shortTitle":"Section 32-9A-6","catchLine":"Interstate Hours of Service Limitation.","title":"Section 32-9A-6 Interstate Hours of Service Limitation.","sectionRange":null,"content":"(a) The intrastate hours of service limitation applied to the drivers of commercial motor vehicles operating in intrastate transportation within a 150 air-mile radius of their normal work reporting location, following 10 consecutive hours off duty except when prohibited by federal rule or law, shall be the following:
(1) A 12-hour driving limit, provided driving shall be prohibited for any driver of a commercial motor vehicle who has been on duty for more than 15 hours.
(2) Driving shall be prohibited for any driver who has been on duty 70 hours in seven consecutive days.
(b) An intrastate driver is defined by his or her previous seven days in operation.
(c) All motor carriers operating under the variance provided by this section shall have a satisfactory safety rating with the Federal Motor Carrier Safety Administration (FMCSA) or be unrated. Subsection (a) shall not apply to a motor carrier with a conditional or unsatisfactory FMCSA safety rating.
(d) All motor carriers operating under the variance provided by this section shall require its drivers to comply with the record of duty provisions under 49 C.F.R. § 395.8. The driver shall retain a copy of each record of duty status for the previous seven consecutive days, which shall be in his or her possession and available for inspection while on duty.
","history":"(Act 2015-294, p. 916, §1; Act 2024-210, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30862,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30032,"codeId":51601,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"9B","shortTitle":"Chapter 9B","catchLine":"Automated Commercial Motor Vehicles and Teleoperation.","title":"Chapter 9B Automated Commercial Motor Vehicles and Teleoperation.","sectionRange":"§32-9B-1 to §32-9B-8","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30863,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30033,"codeId":51602,"versionId":44214,"parentId":51601,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9B-1","shortTitle":"Section 32-9B-1","catchLine":"Definitions.","title":"Section 32-9B-1 Definitions.","sectionRange":null,"content":"For the purposes of this chapter, the following words shall have the following meanings:
(1) AUTOMATED COMMERCIAL MOTOR VEHICLE. A commercial motor vehicle equipped with an automated driving system.
(2) AUTOMATED DRIVING SYSTEM. The hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational design domain.
(3) COMMERCIAL MOTOR VEHICLE. A commercial motor vehicle as defined in Section 32-9A-1.
(4) CONVENTIONAL DRIVER. A driver who manually exercises in-vehicle braking, accelerating, steering, and transmission gear selection input devices in order to operate a vehicle.
(5) DYNAMIC DRIVING TASK. All of the real-time operational and tactical functions required to operate a vehicle in on-road traffic excluding strategic functions such as trip scheduling and selection of destinations and waypoints.
(6) MINIMAL RISK CONDITION. A condition to which a user or an automated driving system may bring a vehicle in order to reduce the risk of a crash upon experiencing a failure of the vehicle’s automated driving system that renders the vehicle unable to perform the entire dynamic driving task.
(7) OPERATIONAL DESIGN DOMAIN. A description of the specific operating domain in which an automated commercial motor vehicle is designed to properly operate, including, but not limited to, roadway types, speed, environmental conditions, and other domain constraints.
(8) REMOTE DRIVER. A natural person who is not seated in a commercial motor vehicle, but is able to perform the entire dynamic driving task.
(9) TELEOPERATION SYSTEM. Hardware and software installed on a commercial motor vehicle that allow a remote driver to operate the motor vehicle.
","history":"(Act 2019-496, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30864,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30034,"codeId":51603,"versionId":44215,"parentId":51601,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9B-2","shortTitle":"Section 32-9B-2","catchLine":"Applicability; Jurisdiction.","title":"Section 32-9B-2 Applicability; Jurisdiction.","sectionRange":null,"content":"(a) Unless otherwise provided by this chapter, an automated commercial motor vehicle and a teleoperation system, including any commercial use or operation of either, are governed exclusively by this chapter.
(b) Notwithstanding any other provision of law, the Department of Transportation is the sole and exclusive state agency with jurisdiction over automated commercial motor vehicles and teleoperation systems that may implement this chapter.
(c) A political subdivision of this state or a state agency may not impose requirements, including taxes or performance standards, related specifically to the operation of a teleoperation system or automated commercial motor vehicle in addition to the requirements of this chapter.
","history":"(Act 2019-496, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30865,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30035,"codeId":51604,"versionId":44216,"parentId":51601,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9B-3","shortTitle":"Section 32-9B-3","catchLine":"Automated Commercial Vehicles - Operation Without Presence of Conventional Driver.","title":"Section 32-9B-3 Automated Commercial Vehicles - Operation Without Presence of Conventional Driver.","sectionRange":null,"content":"Notwithstanding any other provision of law, an automated commercial motor vehicle may operate in this state without a conventional driver physically present in the vehicle if the vehicle meets all of the following criteria:
(1) The automated commercial vehicle is capable of operating in compliance with applicable federal law and the traffic and motor vehicle laws of this state, including without limitation, applicable laws concerning the capability to safely navigate and negotiate railroad crossings.
(2) The automated commercial vehicle is registered and titled in accordance with the laws of this state.
(3) The automated commercial vehicle is certified in accordance with 49 C.F.R. Part 567 as being in compliance with federal motor vehicle safety standards and bears the required certification label or labels, including reference to any exemption granted under applicable federal law.
(4) The automated commercial vehicle can achieve a minimal risk condition if a failure occurs rendering the vehicle unable to perform the dynamic driving task relevant to its intended operational design domain or if the vehicle exits its operational design domain.
(5) The automated commercial vehicle is covered by motor vehicle liability coverage in an amount not less than two million dollars ($2,000,000).
(6) The registration of an automated commercial motor vehicle shall not be interpreted to abrogate or amend any statutory or regulatory provisions or any aspects of common law pertaining to liability for any harm or injury caused.
","history":"(Act 2019-496, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30866,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30036,"codeId":51605,"versionId":44217,"parentId":51601,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9B-4","shortTitle":"Section 32-9B-4","catchLine":"Automated Commercial Vehicles - Owner of Vehicle Considered Its Operator; License to Operate.","title":"Section 32-9B-4 Automated Commercial Vehicles - Owner of Vehicle Considered Its Operator; License to Operate.","sectionRange":null,"content":"(a) The owner of an automated commercial vehicle, or the lessee if the vehicle is leased or rented, is considered the operator of the vehicle for the purpose of assessing compliance with applicable traffic or motor vehicle laws, including the rules of the road.
(b) The automated driving system is considered to be licensed to operate the vehicle.
","history":"(Act 2019-496, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30867,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30037,"codeId":51606,"versionId":44218,"parentId":51601,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9B-5","shortTitle":"Section 32-9B-5","catchLine":"Automated Commercial Vehicles - Accidents.","title":"Section 32-9B-5 Automated Commercial Vehicles - Accidents.","sectionRange":null,"content":"When an accident occurs involving an automated commercial motor vehicle, the requirements of Chapter 10 shall be deemed satisfied if the vehicle remains on the scene of the accident and the vehicle, owner, a person on behalf of the owner, or operator promptly contacts appropriate law enforcement entities and communicates the information required by Chapter 10.
","history":"(Act 2019-496, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30868,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30038,"codeId":51607,"versionId":44219,"parentId":51601,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9B-6","shortTitle":"Section 32-9B-6","catchLine":"Teleoperation Systems; Remote Driver of Vehicle Considered Its Operator; License to Operate; Accidents.","title":"Section 32-9B-6 Teleoperation Systems; Remote Driver of Vehicle Considered Its Operator; License to Operate; Accidents.","sectionRange":null,"content":"(a) Notwithstanding any other provision of this chapter, a commercial motor vehicle equipped with a teleoperation system may operate without a conventional driver physically present in the vehicle if a remote driver is operating the vehicle.
(b) When a remote driver is operating a commercial motor vehicle, the remote driver is considered to be the operator of the vehicle for the purpose of assessing compliance with applicable traffic or motor vehicle laws, including the rules of the road, and for the purpose of any charge for a violation of Title 13A or this title. Extradition of a person charged pursuant to this section shall be governed by Chapter 9 of Title 15.
(c) The remote driver shall hold the proper class of license required for a conventional driver to operate the vehicle.
(d) When an accident occurs involving a commercial motor vehicle equipped with a teleoperation system, the requirements of Chapter 10 of this title shall be deemed satisfied if the vehicle remains on the scene of the accident and the owner or remote driver promptly contacts appropriate law enforcement entities and communicates the information required by Chapter 10 of this title.
(e) In the event of an accident involving a commercial motor vehicle equipped with a teleoperation system, the remote driver who is operating the vehicle shall be subject to Section 32-6-49.13, regardless of the jurisdiction in which the remote driver is physically present. A remote driver is deemed to have given consent, subject to provisions of Section 32-5-192, to take a test or tests of the remote driver’s blood, breath, or urine for the purpose of determining that person’s alcohol concentration, or the presence of other drugs. Subdivision (1) of subsection (b) of Section 32-6-49.13 shall be deemed satisfied if the test or tests are administered in cooperation with local law enforcement officials in the jurisdiction where a remote driver is present. The results of any test shall be provided to Alabama law enforcement agencies.
","history":"(Act 2019-496, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30869,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30039,"codeId":51608,"versionId":44220,"parentId":51601,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9B-7","shortTitle":"Section 32-9B-7","catchLine":"Teleoperation Systems; Requirements.","title":"Section 32-9B-7 Teleoperation Systems; Requirements.","sectionRange":null,"content":"A commercial motor vehicle equipped with a teleoperation system registered in this state shall meet all of the following requirements:
(1) Is in compliance with applicable federal law.
(2) Is certified in accordance with federal regulations in 49 C.F.R. Part 567 as being in compliance with applicable federal motor vehicle safety standards and shall bear the required certification label or labels, including reference to any exemption granted under applicable federal law.
(3) Is capable of being operated in compliance with the applicable traffic and motor vehicle laws of this state, regardless of whether the vehicle is operated by a remote driver, including, without limitation, applicable laws concerning the capability to safely navigate and negotiate railroad crossings.
(4) Is covered by motor vehicle liability coverage in an amount of not less than two million dollars ($2,000,000).
(5) Is able to achieve a reasonably safe state, such as bringing the vehicle to a stop, if a failure of the teleoperation system occurs that renders the remote driver unable to perform the entire dynamic driving task for the vehicle.
","history":"(Act 2019-496, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30870,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30040,"codeId":51609,"versionId":44221,"parentId":51601,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9B-8","shortTitle":"Section 32-9B-8","catchLine":"Construction of Chapter.","title":"Section 32-9B-8 Construction of Chapter.","sectionRange":null,"content":"This chapter shall not be construed to repeal, modify, or preempt any liability that may be incurred under existing common or statutory law applicable to a vehicle owner, operator, manufacturer, component part supplier, or retailer.
","history":"(Act 2019-496, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30871,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30041,"codeId":59979,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"9C","shortTitle":"Chapter 9C","catchLine":"Automated Driving Systems","title":"Chapter 9C Automated Driving Systems","sectionRange":"§32-9C-1 to §32-9C-11","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30872,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30042,"codeId":59989,"versionId":52100,"parentId":59979,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9C-1","shortTitle":"Section 32-9C-1","catchLine":"Definitions.","title":"Section 32-9C-1 Definitions.","sectionRange":null,"content":"For purposes of this chapter, the following terms have the following meanings:
(1) ADS-EQUIPPED VEHICLE. A vehicle equipped with an automated driving system.
(2) AUTOMATED DRIVING SYSTEM or ADS. The hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis regardless of whether it is limited to a specific operational design domain.
(3) CONVENTIONAL HUMAN DRIVER. An individual, licensed or otherwise permitted by law to operate a vehicle, who manually exercises in-vehicle braking, accelerating, steering, and transmission gear selection input devices in order to operate a vehicle.
(4) DYNAMIC DRIVING TASK or DDT. All of the real-time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, including, but not limited to:
a. Lateral vehicle motion control via steering.
b. Longitudinal vehicle motion control via acceleration and deceleration.
c. Monitoring the driving environment via object and event detection, recognition, classification, and response preparation.
d. Object and event response execution.
e. Maneuver planning.
f. Enhancing conspicuity via lighting, signaling, and gesturing.
(5) FULLY AUTONOMOUS VEHICLE. A motor vehicle equipped with an automated driving system designed to function without a human driver as a Level 4 or Level 5 automation system under the Society of Automotive Engineers (SAE) Standard J3016.
(6) MINIMAL RISK CONDITION. A stable, stopped condition to which a user or an automated driving system may bring a vehicle after performing the DDT fallback in order to reduce the risk of a crash when a given trip cannot or should not be continued.
(7) ON-DEMAND AUTONOMOUS VEHICLE NETWORK. A transportation service or network that uses a software application or other digital means to dispatch or otherwise enable the prearrangement of transportation with ADS-equipped vehicles for purposes of transporting passengers or goods, including for-hire transportation and transportation of passengers or goods for compensation.
(8) OPERATIONAL DESIGN DOMAIN or ODD. Operating conditions under which a given ADS or feature thereof is specifically designed to function, including, but not limited to, environmental, geographical, and time-of-day restrictions, and the requisite presence or absence of certain traffic or roadway characteristics.
","history":"(Act 2024-453, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30873,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30043,"codeId":59981,"versionId":52101,"parentId":59979,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9C-2","shortTitle":"Section 32-9C-2","catchLine":"Operation of an Ads-Equipped Vehicle.","title":"Section 32-9C-2 Operation of an Ads-Equipped Vehicle.","sectionRange":null,"content":"(a) A person may operate an ADS-equipped vehicle with the ADS engaged on the public roads of this state only under all of the following conditions:
(1) The ADS-equipped vehicle is capable of complying with the following:
a. All applicable traffic and motor vehicle safety laws and rules of this state which govern the performance of the dynamic driving task, unless an exemption has been granted pursuant to subsection (b).
b. All applicable Federal Motor Vehicle Safety Standards, except to the extent an exemption has been granted under applicable federal law.
c. All applicable traffic control devices, including, but not limited to, speed limit signs, other regulatory signs, advisory signs, warning signs, barriers, and construction or work zone signs.
(2) The ADS-equipped vehicle shall be registered and titled in accordance with the laws of this state.
(b) An ADS-equipped vehicle may be operated on the public roads of this state without a conventional human driver physically present in the vehicle if the vehicle is capable of achieving a minimal risk condition.
","history":"(Act 2024-453, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30874,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30044,"codeId":59982,"versionId":52102,"parentId":59979,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9C-3","shortTitle":"Section 32-9C-3","catchLine":"Liability Coverage for Operation of a Fully Autonomous Vehicle.","title":"Section 32-9C-3 Liability Coverage for Operation of a Fully Autonomous Vehicle.","sectionRange":null,"content":"A fully autonomous vehicle may operate on public roads in this state only if a person submits proof to the Department of Revenue of financial responsibility that the fully autonomous vehicle has single limits liability coverage, by contract of insurance or by qualifying as a self-insurer, of not less than one hundred thousand dollars ($100,000).","history":"(Act 2024-453, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30875,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30045,"codeId":59983,"versionId":52103,"parentId":59979,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9C-4","shortTitle":"Section 32-9C-4","catchLine":"Traffic Accidents.","title":"Section 32-9C-4 Traffic Accidents.","sectionRange":null,"content":"If a traffic accident occurs that involves an ADS-equipped vehicle that is being operated without a conventional human driver, the requirements of Chapter 10 of Title 32 do not apply to the ADS-equipped vehicle, provided all of the following occur:
(1) The owner of the ADS-equipped vehicle, or a person acting on behalf of the owner, promptly contacts the applicable law enforcement agency to report the accident.
(2) If the ADS-equipped vehicle has the capability of promptly alerting a law enforcement agency or emergency services, the vehicle alerts a law enforcement agency or emergency services to the traffic accident.
(3) The ADS-equipped vehicle remains at the scene or in the immediate vicinity of the accident until law enforcement arrives.
(4) In accordance with Chapter 7A of Title 32, the ADS-equipped vehicle’s registration and insurance information is provided to the parties affected by the traffic accident.
(5) In the event an ADS-equipped vehicle is not an automated commercial motor vehicle under Section 32-9B-1 but is being operated by a commercial entity without a conventional human driver, the owner of the ADS-equipped vehicle shall be deemed the operator of the vehicle and shall maintain the ability to respond to damages for liability on account of any accidents arising from the use of the ADS-equipped vehicle or automated driving system in the minimum amount of one million dollars ($1,000,000) per accident for death, bodily injury, and property damage to a third party.
","history":"(Act 2024-453, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30876,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30046,"codeId":59984,"versionId":52104,"parentId":59979,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9C-5","shortTitle":"Section 32-9C-5","catchLine":"License to Operate.","title":"Section 32-9C-5 License to Operate.","sectionRange":null,"content":"A conventional human driver of an ADS-equipped vehicle is required to have a valid driver license for the class of vehicle being operated.","history":"(Act 2024-453, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30877,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30047,"codeId":59985,"versionId":52105,"parentId":59979,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9C-6","shortTitle":"Section 32-9C-6","catchLine":"Relation to Other Laws or Requirements.","title":"Section 32-9C-6 Relation to Other Laws or Requirements.","sectionRange":null,"content":"(a) Except as otherwise provided in this chapter or in Chapter 9B and notwithstanding any other provision of law, the operation of ADS-equipped vehicles and automated driving systems is governed exclusively by this chapter.
(b) No state or local entity may impose requirements, including performance standards, specific to the operation of ADS-equipped vehicles, automated driving systems, or automated commercial motor vehicles as defined in Section 32-9B-1, except as specifically authorized by this chapter. Nothing in this section shall be construed to repeal or in any way modify Section 32-9-29.
(c) No municipality or other local or state entity may impose a tax on, or impose requirements on ADS-equipped vehicles or automated driving systems, where the tax or other requirement relates specifically to the operation of ADS-equipped vehicles.
","history":"(Act 2024-453, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30878,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30048,"codeId":59986,"versionId":52106,"parentId":59979,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9C-7","shortTitle":"Section 32-9C-7","catchLine":"Operator of an Ads-Equipped Vehicle.","title":"Section 32-9C-7 Operator of an Ads-Equipped Vehicle.","sectionRange":null,"content":"For purposes of this chapter and for assessing compliance with applicable traffic or motor vehicle laws, including rules of the road, unless the context otherwise requires, the automated driving system shall be deemed to be the operator of an ADS-equipped vehicle when all of the following apply:
(1) The automated driving system is engaged and solely responsible for the driving task.
(2) The automated driving system is being operated and maintained as intended by the manufacturer of the ADS-equipped vehicle.
(3) A request to intervene has not been issued by the ADS-equipped vehicle.
","history":"(Act 2024-453, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30879,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30049,"codeId":59987,"versionId":52107,"parentId":59979,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9C-8","shortTitle":"Section 32-9C-8","catchLine":"Liability for a Traffic Accident Involving an Ads-Equipped Vehicle.","title":"Section 32-9C-8 Liability for a Traffic Accident Involving an Ads-Equipped Vehicle.","sectionRange":null,"content":"(a) Liability for a traffic accident involving an ADS-equipped vehicle shall be determined in accordance with applicable state law, federal law, or common law.
(b) The original manufacturer of a vehicle converted by a third party into an ADS-equipped vehicle may not be held liable in, and shall have a defense to and be dismissed from, any legal action brought against the original manufacturer by any individual injured due to an alleged vehicle defect caused by the conversion of the vehicle, or by equipment installed by the converter, unless the alleged defect was present in the vehicle as originally manufactured.
","history":"(Act 2024-453, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30880,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30050,"codeId":59988,"versionId":52108,"parentId":59979,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9C-9","shortTitle":"Section 32-9C-9","catchLine":"Applicability of Certain Motor Vehicle Equipment Laws or Rules.","title":"Section 32-9C-9 Applicability of Certain Motor Vehicle Equipment Laws or Rules.","sectionRange":null,"content":"(a) An ADS-equipped vehicle that is designed to be operated exclusively by an automated driving system for all trips shall not be subject to motor vehicle equipment laws or rules of this state that relate to or support motor vehicle operation by a conventional human driver but are not relevant to an automated driving system.
(b) Any ADS-equipped vehicle, or automated commercial motor vehicle as defined in Section 32-9B-1, may be equipped with ADS marker lamps in accordance with the SAE Recommended Practice and Standard guidelines, including SAE J3134. For purposes of this section, an “ADS marker lamp” means a device that emits light to indicate when an ADS is engaged in the operation of the vehicle.
","history":"(Act 2024-453, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30881,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30051,"codeId":59980,"versionId":52109,"parentId":59979,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9C-10","shortTitle":"Section 32-9C-10","catchLine":"Operation of an On-Demand Autonomous Vehicle Network.","title":"Section 32-9C-10 Operation of an On-Demand Autonomous Vehicle Network.","sectionRange":null,"content":"An on-demand autonomous vehicle network shall be permitted to operate pursuant to state laws governing the operation of transportation network companies with the exception that any provision of this state’s laws, including Chapter 7C which reasonably applies only to a conventional human driver would not apply to the operation of ADS-equipped vehicles with the ADS engaged on an on-demand autonomous vehicle network. A fully autonomous vehicle with the automated driving system engaged while logged on to an on-demand autonomous vehicle network must meet the insurance requirements in Section 32-9C-4.","history":"(Act 2024-453, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30882,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30052,"codeId":59990,"versionId":52110,"parentId":59979,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-9C-11","shortTitle":"Section 32-9C-11","catchLine":"Traffic Control Devices on County Roads.","title":"Section 32-9C-11 Traffic Control Devices on County Roads.","sectionRange":null,"content":"Nothing in this chapter is intended, or shall be construed, to require a county to construct, upgrade, maintain, or place traffic control devices on county roads in a manner that is above and beyond the manner in which roads are constructed, upgraded, maintained, or designed for all other vehicular traffic.","history":"(Act 2024-453, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30883,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30053,"codeId":16161,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"10","shortTitle":"Chapter 10","catchLine":"Motor Vehicle Accidents.","title":"Chapter 10 Motor Vehicle Accidents.","sectionRange":"§32-10-1 to §32-10-13","content":null,"history":null,"numChildren":13,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30884,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30054,"codeId":16164,"versionId":47906,"parentId":16161,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-10-1","shortTitle":"Section 32-10-1","catchLine":"Duties of Driver Involved in Motor Vehicle Accident; Removal of Vehicle from Roadway.","title":"Section 32-10-1 Duties of Driver Involved in Motor Vehicle Accident; Removal of Vehicle from Roadway.","sectionRange":null,"content":"(a) The driver of any motor vehicle involved in an accident resulting in injury to or the death of any person, or in damage to any vehicle driven or attended by any person, shall immediately stop the vehicle at the accident scene or as close thereto and shall return to or remain at or as close to the scene of the accident until he or she has fulfilled the requirements of Section 32-10-2. Every such stop shall be made without obstructing traffic more than is necessary.
(b) If the accident does not involve any apparent injury or the death of a person and the driver is not impaired, the driver may immediately move the vehicle from the roadway to the shoulder, emergency lane, median, or other location close to the accident site if the vehicle is drivable and can be safely moved from the roadway and shall return to or remain at or as close to the scene of the accident as safely possible.
(c) Employees of the Alabama Department of Transportation or any state or local law enforcement officer may move a vehicle, require a vehicle to be moved by the driver or with the assistance of a towing or recovery vehicle, or assist in the moving of a vehicle from a roadway under the jurisdiction of the Department of Transportation if the vehicle is disabled as a result of an accident, the disabled vehicle creates a traffic hazard, or the disabled vehicle is obstructing traffic. A vehicle involved in an accident with injury to or death of any person may not be moved until directed by a law enforcement officer.
(d) This section does not relieve a driver from complying with any other duties imposed in this chapter.
(e) Employees of the Department of Transportation and any state and local law enforcement officer exercising authority under this section shall not be liable for damages caused by moving a vehicle pursuant to this section.
(f) Section 36-1-12 shall apply to employees of the Department of Transportation and any state and local law enforcement officer relating to any claim resulting from the exercise of authority under this section.
(g) The director shall revoke the driver license of a person convicted under this section.
","history":"(Acts 1943, No. 558, p. 548, §2; Act 2017-376, §1; Act 2022-340, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30885,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30055,"codeId":16167,"versionId":12844,"parentId":16161,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-10-2","shortTitle":"Section 32-10-2","catchLine":"Duty to Give Information and Render Aid.","title":"Section 32-10-2 Duty to Give Information and Render Aid.","sectionRange":null,"content":"The driver of any motor vehicle involved in an accident resulting in injury to or the death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving, shall upon request exhibit his driver’s license to the person struck or the driver or occupant of or person attending any motor or other vehicle collided with or damaged and shall render to any person injured in such accident reasonable assistance, including the transportation of, or the making of arrangements for the transportation of such person to a physician or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such transportation is requested by the injured person.
","history":"(Acts 1943, No. 558, p. 548, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30886,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30056,"codeId":16170,"versionId":12847,"parentId":16161,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-10-3","shortTitle":"Section 32-10-3","catchLine":"Duty Upon Striking Unattended Vehicle.","title":"Section 32-10-3 Duty Upon Striking Unattended Vehicle.","sectionRange":null,"content":"The driver of any motor vehicle which collides with any motor vehicle or other vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in or on the vehicle struck a written notice giving the name and address of the driver and/or the owner of the vehicle doing the striking and a statement of the circumstances thereof.
","history":"(Acts 1943, No. 558, p. 548, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30887,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30057,"codeId":16177,"versionId":12850,"parentId":16161,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-10-4","shortTitle":"Section 32-10-4","catchLine":"Duty Upon Striking Fixtures Upon a Highway.","title":"Section 32-10-4 Duty Upon Striking Fixtures Upon a Highway.","sectionRange":null,"content":"The driver of any motor vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his or her name and address and of the registration number of the vehicle he or she is driving and shall upon request exhibit his or her driver’s license and shall make report of such accident when and as required in Section 32-10-5.
","history":"(Acts 1943, No. 558, p. 548, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30888,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30058,"codeId":16181,"versionId":12853,"parentId":16161,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-10-5","shortTitle":"Section 32-10-5","catchLine":"Immediate Reports of Accidents.","title":"Section 32-10-5 Immediate Reports of Accidents.","sectionRange":null,"content":"(a) The driver of any motor vehicle involved in an accident resulting in injury to or the death of any person shall immediately by the quickest means of communication give notice of such accident to the local police department if such accident occurs within a municipality; otherwise to the office of the county sheriff or to the state highway patrol.
(b) Every coroner or other official performing like functions upon learning of the death of a person in his jurisdiction as the result of a traffic accident shall immediately notify the nearest office of the director.
","history":"(Acts 1943, No. 558, p. 548, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30889,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30059,"codeId":16184,"versionId":12856,"parentId":16161,"effectiveDate":null,"supersessionDate":"2026-10-01","type":"Section","displayId":"32-10-6","shortTitle":"Section 32-10-6","catchLine":"Penalty for Violation of Sections 32-10-1 through 32-10-5. (Amended by Act 2026-64)","title":"Section 32-10-6 Penalty for Violation of Sections 32-10-1 through 32-10-5. (Amended by Act 2026-64)","sectionRange":null,"content":"AMENDED BY ACT 2026-64, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
Every person convicted of violating Sections 32-10-1 through 32-10-5 or any of the provisions thereof, when such violation involved only damage to property, shall be punished the same as prescribed by law for a Class A misdemeanor; provided, however, that every person convicted of violating such sections, or any provisions thereof, when such violation involved death or personal injury, shall be punished the same as prescribed by law for a Class C felony.
","history":"(Acts 1945, No. 427, p. 670; Acts 1985, 2nd Ex. Sess., No. 85-918, p. 197.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30890,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30060,"codeId":16189,"versionId":42991,"parentId":16161,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-10-7","shortTitle":"Section 32-10-7","catchLine":"Written Reports of Accidents; Release of Information.","title":"Section 32-10-7 Written Reports of Accidents; Release of Information.","sectionRange":null,"content":"(a) Every law enforcement officer who in the regular course of duty investigates a motor vehicle accident, either at the time of and at the scene of the accident or thereafter by interviewing participants or witnesses, shall, within 24 hours after completing such investigation, forward the necessary completed written report or copy thereof of such accident to the director on the uniform accident report form supplied by the director. Local police departments, and their contracted agents, may retain copies of the written reports.
(b) Accident reports prepared pursuant to this section shall be made available pursuant to Section 32-2-8, to a news-gathering organization solely for the purpose of publishing or broadcasting the news. The news-gathering organization shall not use or distribute the report, or knowingly allow its use or distribution, for a commercial purpose other than the news-gathering organization’s publication or broadcasting of the information in the report. A newspaper, periodical, or radio or television station shall not be held to have used or knowingly allowed the use of the report for a commercial purpose merely because of its publication or broadcast. The news-gathering organization shall not distribute the report or any of the contents of the report, including personal information contained in the report, to any third party for any other purpose. For 30 days following the accident, the Alabama State Law Enforcement Agency shall limit any personal identifying information contained in any accident report released pursuant to this subsection to the name and age of the person involved. The complete report shall be made available after that date, excluding any juvenile information or personal information as defined by 18 U.S.C. § 2725. Except as provided above and in subsection (c), disclosure of accident reports shall be made only under the following circumstances:
(1) When the identity of a person involved in an accident is not otherwise known or when he or she denies his or her presence at an accident.
(2) When disclosure is directed by a properly executed subpoena or court order.
(3) When requested by any of the following persons:
a. A person involved in the accident made the basis of the accident report, including, but not limited to, drivers of and passengers in the automobiles and pedestrians involved in the accident that is the subject of the report.
b. A parent or guardian of a minor who is a person involved in the accident made the basis of the accident report.
c. A personal representative, executor, or other legal representative of the estate of a deceased person who was involved in the accident made the basis of the accident report. Where no personal representative has been appointed by a probate court of competent jurisdiction regarding the probate or administration of the estate of a decedent, any heir of the decedent shall be authorized to receive an accident report. The authority of the heir to act on behalf of the decedent shall terminate upon the appointment of a personal representative of the estate of the decedent. The Alabama State Law Enforcement Agency or local law enforcement agency may rely upon the affidavit of the heir stating that he or she meets the requirements of this section and that a personal representative has not been appointed by a probate court with respect to the estate of the decedent. For purposes of this section, heir means a person who is entitled to a distribution from the estate of an intestate decedent or a person who would be entitled to a distribution from the estate of a testate decedent if that decedent had died intestate.
d. An insurer or its written designee of a person involved in the accident made the basis of the accident report, if the purpose of the request is for insurance business purposes.
e. An attorney of a person involved in the accident made the basis of the accident report, or an employee of the attorney. The attorney or employee of the attorney shall provide written signed consent by the represented person to request the report.
f. A governmental entity responsible for either maintenance, repair, and oversight of the public road or bridge on which the accident occurred or for law enforcement investigations.
g. An owner or lienholder of an automobile in the accident that is the subject of the report.
(c) The Alabama State Law Enforcement Agency, as a matter of public safety, may contract with an outside entity and release vehicle damage data extracted from accident reports to such an entity for the purpose of providing the public a means of determining a vehicle’s accident history. The department may contract with a third party to provide electronic access to reports for persons and entities who are entitled to such reports under subsection (b).
(d) No disclosure is required of any information prohibited by 18 U.S.C. § 2721.
","history":"(Acts 1943, No. 558, p. 548, §7; Acts 1951, No. 128, p. 355; Acts 1969, No. 272, p. 603; Act 2018-570, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30892,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30061,"codeId":16193,"versionId":26570,"parentId":16161,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-10-8","shortTitle":"Section 32-10-8","catchLine":"Accident Report Forms.","title":"Section 32-10-8 Accident Report Forms.","sectionRange":null,"content":"(a) The director shall prepare and upon request supply to police departments, coroners, sheriffs, garages, and other suitable agencies or individuals, uniform accident report forms required under this chapter. The required written accident report or citation to be made by persons involved in accidents or charged with a moving violation and by investigating officers shall call for sufficiently detailed information, to disclose with reference to a traffic accident, including, but not limited to, the location of the accident, probable cause, injuries to persons, property damage, deaths of persons, the registration of vehicles involved including license numbers, the name, address, and driver’s license number of the operator, highway design and maintenance, including lighting, markings, and road surface, and the names and addresses of any witnesses.
(b) Every accident report required to be made in writing shall be made on the uniform accident report form approved and supplied by the director and shall contain all available information required therein.
","history":"(Acts 1943, No. 558, p. 548, §8; Acts 1969, No. 272, p. 603; Acts 1980, No. 80-803, p. 1635; Act 2005-325, 1st Sp. Sess., p. 792, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30893,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30062,"codeId":16197,"versionId":12866,"parentId":16161,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-10-9","shortTitle":"Section 32-10-9","catchLine":"Coroners to Report.","title":"Section 32-10-9 Coroners to Report.","sectionRange":null,"content":"Every coroner or other official performing like functions shall on or before the tenth day of each month report in writing to the director the death of any person within his jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of such accident.
","history":"(Acts 1943, No. 558, p. 548, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30894,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30063,"codeId":16201,"versionId":12870,"parentId":16161,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-10-10","shortTitle":"Section 32-10-10","catchLine":"Garages to Report Accident and Bullet Damage.","title":"Section 32-10-10 Garages to Report Accident and Bullet Damage.","sectionRange":null,"content":"The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident, of which report must be made as provided in Section 32-10-7, or struck by any bullet shall report to the director within 24 hours after such motor vehicle is received, giving the engine number, registration number and the name and address of the owner or operator of such vehicle.
","history":"(Acts 1943, No. 558, p. 548, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30895,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30064,"codeId":16205,"versionId":12874,"parentId":16161,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-10-11","shortTitle":"Section 32-10-11","catchLine":"Accident Reports Confidential.","title":"Section 32-10-11 Accident Reports Confidential.","sectionRange":null,"content":"All accident reports made by persons involved in accidents or by garages shall be without prejudice to the individual so reporting and shall be for the confidential use of the director or of other state agencies having use for the records for accident prevention purposes; except, that the director may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his or her presence at such accident. No such report shall be used as evidence in any trial, civil or criminal, arising out of an accident; except, that the department shall furnish upon demand of any person who has, or claims to have made such a report, or, upon demand of any court, a certificate showing that a specified accident report has or has not been made to the director solely to prove a compliance or a failure to comply with the requirement that such a report be made to the director.
","history":"(Acts 1943, No. 558, p. 548, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30896,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30065,"codeId":16211,"versionId":12877,"parentId":16161,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-10-12","shortTitle":"Section 32-10-12","catchLine":"Director to Tabulate and Analyze Accident Reports and Make Available to State Director of Transportation.","title":"Section 32-10-12 Director to Tabulate and Analyze Accident Reports and Make Available to State Director of Transportation.","sectionRange":null,"content":"The director shall tabulate and analyze all accident reports and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents. The director shall make available to the state Director of Transportation all accident reports so that he or she may obtain sufficient detailed information so as to provide data for surveillance of traffic for detection and correction of high or potentially high accident locations.
","history":"(Acts 1943, No. 558, p. 548, §12; Acts 1969, No. 272, p. 603.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30897,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30066,"codeId":41013,"versionId":33162,"parentId":16161,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-10-13","shortTitle":"Section 32-10-13","catchLine":"Accident Response Service.","title":"Section 32-10-13 Accident Response Service.","sectionRange":null,"content":"(a) As used in this section, the following terms shall have the following meanings:
(1) ACCIDENT RESPONSE SERVICE FEE. A fee imposed for the response or investigation by a law enforcement officer or agency of a motor vehicle accident.
(2) ENTITY. A governmental entity or agency or department of a governmental entity.
(3) LAW ENFORCEMENT AGENCY. The Alabama Department of Public Safety, the police department of each incorporated city or municipality, the department of each sheriff of the state, including all deputy sheriffs, the enforcement division of the Department of Conservation and Natural Resources, the Public Service Commission, and each public agency in the state charged with the enforcement of any laws and the officers and employees of which have the power as such to make arrests. The term does not include rescue squads or volunteer fire departments.
(4) LAW ENFORCEMENT OFFICER. An officer of a law enforcement agency.
(b) Notwithstanding any other provision of law to the contrary, no law enforcement agency, law enforcement officer, or other entity shall impose an accident response service fee on an insurance company, the driver or owner of a motor vehicle, or any other person or entity.
","history":"(Act 2010-698, p. 1691, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30898,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30067,"codeId":16219,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"11","shortTitle":"Chapter 11","catchLine":"Rescue Squads.","title":"Chapter 11 Rescue Squads.","sectionRange":"§32-11-1 to §32-11-4","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30899,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30068,"codeId":16222,"versionId":12884,"parentId":16219,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-11-1","shortTitle":"Section 32-11-1","catchLine":"Rescue Squad Defined.","title":"Section 32-11-1 Rescue Squad Defined.","sectionRange":null,"content":"Wherever the term rescue squad appears in this chapter, it shall refer to and include only those persons or organizations who are members of the Alabama Association of Rescue Squads.
","history":"(Acts 1965, 2nd Ex. Sess., No. 74, p. 98, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30900,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30069,"codeId":16225,"versionId":50980,"parentId":16219,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-11-2","shortTitle":"Section 32-11-2","catchLine":"Exemption from License and Registration Fees and Ad Valorem Taxes.","title":"Section 32-11-2 Exemption from License and Registration Fees and Ad Valorem Taxes.","sectionRange":null,"content":"Motor vehicles and utility trailers, as defined in Section 40-12-240, owned by volunteer rescue squads incorporated under the laws of Alabama and used exclusively as life saving, rescue, or first aid vehicles without profit, and which are not rented, leased, or loaned to any private individual, firm, or corporation shall be exempt from payment of license and registration fees and all ad valorem taxes otherwise prescribed by law. Provided however, any such vehicle or trailer may be issued a permanent license plate as provided for in Section 40-12-250 and upon the payment of the fees provided by that section.
","history":"(Acts 1965, 2nd Ex. Sess., No. 74, p. 98, §1; Acts 1966, Ex. Sess., No. 422, p. 567; Act 2021-429, §1;Act 2024-291, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30901,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30070,"codeId":16231,"versionId":12891,"parentId":16219,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-11-3","shortTitle":"Section 32-11-3","catchLine":"Color and Lettering of Vehicles.","title":"Section 32-11-3 Color and Lettering of Vehicles.","sectionRange":null,"content":"Any vehicle, to come under the provisions of this chapter, shall be painted a distinguishing color and shall display conspicuous letters and figures not less than three inches in height showing the identity of the volunteer rescue squad that owns the vehicle.
","history":"(Acts 1965, 2nd Ex. Sess., No. 74, p. 98, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30902,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30071,"codeId":16236,"versionId":12895,"parentId":16219,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-11-4","shortTitle":"Section 32-11-4","catchLine":"Special Tags.","title":"Section 32-11-4 Special Tags.","sectionRange":null,"content":"The treasurer of any rescue squad coming under the provisions of this chapter may apply to the Department of Revenue, giving the make, type, model, motor number, and serial number of the vehicle or vehicles, together with such other information as the Department of Revenue shall require, which information shall be furnished under oath by such officer; and, if upon examination the same appears regular to the Department of Revenue, it shall issue to such treasurer the necessary number of tags to be placed on such vehicle, and such tags shall be used on no other vehicle than that for which issued. Such tags shall have the letters R. S. and proper number stamped thereon. All replacement tags issued for such vehicles shall be similarly stamped or marked. For issuance of such tags and to cover the expense of preparing the same, the treasurer shall pay to the Department of Revenue the sum of $1.00 for the necessary tags for each vehicle to which this chapter applies.
","history":"(Acts 1965, 2nd Ex. Sess., No. 74, p. 98, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30903,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30072,"codeId":16242,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"12","shortTitle":"Chapter 12","catchLine":"Motorcycles and Motor-Driven Cycles.","title":"Chapter 12 Motorcycles and Motor-Driven Cycles.","sectionRange":"§32-12-20 to §32-12-44","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30904,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30073,"codeId":16243,"versionId":null,"parentId":16242,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":null,"content":null,"history":null,"numChildren":0,"isBranchNode":true,"isEmptyBranch":true,"isContentNode":false,"sortOrder":30905,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30074,"codeId":16245,"versionId":null,"parentId":16242,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Motor-Driven Cycles.","title":"Article 2 Motor-Driven Cycles.","sectionRange":"§32-12-20 to §32-12-27","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30906,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30075,"codeId":16247,"versionId":46840,"parentId":16245,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12-20","shortTitle":"Section 32-12-20","catchLine":"Definition; Parent or Guardian Not to Authorize or Permit Violations.","title":"Section 32-12-20 Definition; Parent or Guardian Not to Authorize or Permit Violations.","sectionRange":null,"content":"It is unlawful for any person to do any act forbidden or to fail to perform any act required by this chapter. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter. As used herein, the term motor-driven cycle shall include every motorcycle weighing when fully equipped less than 200 pounds and every bicycle with motor attached, excluding an electric bicycle, and every motor scooter.
","history":"(Acts 1949, No. 652, p. 1006, §1; Act 2021-134, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30907,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30076,"codeId":16252,"versionId":38559,"parentId":16245,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12-22","shortTitle":"Section 32-12-22","catchLine":"License Requirements of Persons Operating Motor-Driven Cycles.","title":"Section 32-12-22 License Requirements of Persons Operating Motor-Driven Cycles.","sectionRange":null,"content":"(a) A person operating a motor-driven cycle with a Class M motorcycle license with a motor-driven cycle restriction, a motorcycle Class M displayed on the person’s regular license, or a Class M motorcycle license shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under Chapter 6 of this title, except as to special regulations in this article and those provisions of this chapter which by their nature can have no application.
(b)(1) A Class M motorcycle license with a motor-driven cycle restriction shall be issued to any person 14 years and older if the person has passed a motorcycle knowledge test designated by the Alabama Law Enforcement Agency or if the individual has successfully completed an Alabama Traffic Safety Center/Alabama Motorcycle Safety Program, Motorcycle Safety Foundation, Basic Riders Course.
(2) A person 17 years of age or younger operating a motor-driven cycle shall be subject to the operating hours, exceptions, and suspensions provided in Section 32-6-7.2.
(c) This section and the portion of Section 32-5A-240 amended by Act 2015-223 do not apply to a person who has obtained a license to operate a motorcycle or a motor-driven cycle prior to January 1, 2016.
","history":"(Acts 1949, No. 652, p. 1006, §3; Act 2015-223, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30908,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30077,"codeId":16257,"versionId":12905,"parentId":16245,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12-24","shortTitle":"Section 32-12-24","catchLine":"Brakes.","title":"Section 32-12-24 Brakes.","sectionRange":null,"content":"(a) Every motor-driven cycle when operated upon the highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle.
(b) The Director of Public Safety is authorized to require an inspection of the brakes of any motor-driven cycle and to disapprove any brakes which he finds are not adequate.
(c) All such brakes shall be maintained in good working order.
(d) The Director of Public Safety may refuse to register or he or she may suspend or revoke the registration of any motor-driven cycle when he or she determines that the brakes thereon do not comply with the provisions of this section.
(e) No person shall operate on any highway any motor-driven cycle in the event the Director of Public Safety has disapproved the brake equipment on such cycle or type of cycle.
(f) Every motor-driven cycle when operated upon the highway shall be equipped with at least one brake, which may be operated by hand or foot.
(g) Any person violating this section shall be guilty of a misdemeanor.
","history":"(Acts 1949, No. 652, p. 1006, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30909,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30078,"codeId":16270,"versionId":12915,"parentId":16245,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12-26","shortTitle":"Section 32-12-26","catchLine":"Revocation of Operator’s License.","title":"Section 32-12-26 Revocation of Operator’s License.","sectionRange":null,"content":"The Director of Public Safety shall be authorized to revoke the license of any operator of a motor-driven cycle convicted of violating any of the provisions of this article.
","history":"(Acts 1949, No. 652, p. 1006, §6A.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30910,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30079,"codeId":16276,"versionId":12919,"parentId":16245,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12-27","shortTitle":"Section 32-12-27","catchLine":"Penalties.","title":"Section 32-12-27 Penalties.","sectionRange":null,"content":"Any person who violates this article shall be punished by a fine of not more than $500.00 or by imprisonment for not more than six months, or by fine and imprisonment.
","history":"(Acts 1949, No. 652, p. 1006, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30911,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30080,"codeId":16283,"versionId":null,"parentId":16242,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Helmets.","title":"Article 3 Helmets.","sectionRange":"§32-12-41 to §32-12-44","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30912,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30081,"codeId":16284,"versionId":12925,"parentId":16283,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12-41","shortTitle":"Section 32-12-41","catchLine":"Specifications.","title":"Section 32-12-41 Specifications.","sectionRange":null,"content":"The protective helmet shall meet the following specifications:
(1) DESIGN. One which is specifically designed for motorcycle riders and motorcycle passenger use.
(2) EXTERIOR SHELL. A hard exterior shell of nonshatterable material, resistant to impact and penetration.
(3) CRADLE. A firmly secured shock absorbent cradle for the head designed to support the helmet and maintain separation between the head and outer shell. Materials used in this portion of protective helmet shall be of durable quality and with characteristics that will not undergo appreciable alteration under the influence of aging or of the circumstances of use to which the helmet is normally subjected. Materials commonly known to cause skin irritation or disease shall not be used for these parts of the assembly which come in contact with the skin.
(4) PADDING. Impact-resistant, absorbent padding or cushioning material of substantial thickness in all areas where the head is in close proximity with or may contact the outer shell.
(5) CHIN STRAP. A permanently attached adjustable chin strap that will hold the helmet securely in place. A rider must at all times, while a motorized vehicle is in motion, have a chin strap firmly in place on or under the chin.
(6) VISOR. Not required, but, if the helmet is so equipped, the visor must be flexible or of a snap on type; however, no external projections shall be more than one-quarter inch above surface of the exterior shell.
","history":"(Acts 1967, Ex. Sess., No. 171, p. 218, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30913,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30082,"codeId":16289,"versionId":12929,"parentId":16283,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12-42","shortTitle":"Section 32-12-42","catchLine":"Duties of Manufacturers.","title":"Section 32-12-42 Duties of Manufacturers.","sectionRange":null,"content":"The manufacturers of motorcycle helmets for sale in Alabama shall meet the following specifications and comply with the following procedures:
(1) All protective helmets shall be required to meet minimum regulations of the USA standards set forth in Z-90 regulations of 1966.
(2) A manufacturer desiring to secure approval of a protective helmet shall submit to the Director of Public Safety, State of Alabama, Montgomery, Alabama 36104, postage prepaid, a test report certified as required in Z-90 basic standards, together with a sample of the helmet for which approval is sought. The director may contract with the American Association of Motor Vehicle Administrators in conducting testing procedures and the giving of approval of helmets submitted.
(3) If, after receipt of the test report from an independent testing laboratory, the Director of Public Safety finds that the helmet meets the requirements, notice of approval of the helmet will be issued.
(4) Each protective helmet approved by the Director of Public Safety shall be labelled on the outside of the helmet above the base of the rear of the helmet with letters or numbers at least one-quarter inch in height, with the manufacturer’s trade name and model number or name, which shall be the same as name or number under which the helmet has been approved.
","history":"(Acts 1967, Ex. Sess., No. 171, p. 218, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30914,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30083,"codeId":16294,"versionId":12933,"parentId":16283,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12-44","shortTitle":"Section 32-12-44","catchLine":"Penalty for Violation of Article.","title":"Section 32-12-44 Penalty for Violation of Article.","sectionRange":null,"content":"Any person or manufacturer who shall violate any provision of this article shall be guilty of a misdemeanor and shall be punished by a fine of not less than $1.00 nor more than $100.00, and may be imprisoned in the county jail or sentenced to hard labor for not more than 180 days, one or both. Each violation of any provision of this article shall constitute a separate offense.
","history":"(Acts 1967, Ex. Sess., No. 171, p. 218, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30915,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30084,"codeId":49198,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"12A","shortTitle":"Chapter 12A","catchLine":"All-Terrain Vehicles and Recreational Off-Highway Vehicles.","title":"Chapter 12A All-Terrain Vehicles and Recreational Off-Highway Vehicles.","sectionRange":"§32-12A-1 to §32-12A-14","content":null,"history":null,"numChildren":14,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30916,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30085,"codeId":49199,"versionId":48397,"parentId":49198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12A-1","shortTitle":"Section 32-12A-1","catchLine":"Definitions.","title":"Section 32-12A-1 Definitions.","sectionRange":null,"content":"For purposes of this chapter, the following terms shall have the following meanings:
(1) ALL-TERRAIN VEHICLES (ATV). Every motor vehicle 60 inches or less in width, measured from the outside of the tire rim to the outside of the tire rim directly across on the vehicle, having a dry weight of 1,500 pounds or less, designed to travel on three or more non-highway tires, and manufactured for off-road use by a single operator or by an operator and not more than one passenger as provided by the manufacturer.
(2) OFF-ROAD VEHICLE. Any motorized vehicle not designed for use on a highway and capable of cross-country travel on land, snow, ice, marsh, swampland, or other natural terrain. The term includes any all-terrain vehicle and recreational off-highway vehicle. The term excludes any electric bicycle; any golf cart; any vehicle used for military, fire, emergency, or law enforcement purposes; any motorboat; any vehicles used exclusively on airport property; all farm machinery, farm tractors, and other self-propelled equipment for harvesting and transportation of forest products, for clearing land for planting, for utility services and maintenance, or for earth moving, construction, or mining; and self-propelled lawnmowers, snowblowers, and garden or lawn tractors while such vehicles are being used exclusively for their designed purposes. The term does not include any motor vehicle for which a certificate of title is required by Chapter 8.
(3) PRIVATE USE. Use exclusively on private property or as an implement of husbandry, as defined in Section 32-8-2.
(4) PUBLIC USE. Off-road public use in designated public areas.
(5) RECREATIONAL OFF-HIGHWAY VEHICLE. Any off-road vehicle 80 inches or less in width, measured from the outside of the tire rim to the outside of the tire rim directly across on the vehicle, having a dry weight of 3,500 pounds or less, designed and manufactured to travel on four or more non-highway tires for off-road use by an operator and the number of passengers as provided by the manufacturer.
(6) SECRETARY. The Secretary of the Alabama State Law Enforcement Agency.
","history":"(Act 2017-395, §1; Act 2019-104, §1; Act 2021-322, §1; Act 2021-134, §3; Act 2022-371, §1(b)(4).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30917,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30086,"codeId":49200,"versionId":41410,"parentId":49198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12A-2","shortTitle":"Section 32-12A-2","catchLine":"Voluntary Registration of All-Terrain or Off-Highway Recreational Vehicles.","title":"Section 32-12A-2 Voluntary Registration of All-Terrain or Off-Highway Recreational Vehicles.","sectionRange":null,"content":"The owner of an all-terrain vehicle or recreational off-highway vehicle may register the vehicle with the Alabama State Law Enforcement Agency.
","history":"(Act 2017-395, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30918,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30087,"codeId":49201,"versionId":45982,"parentId":49198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12A-3","shortTitle":"Section 32-12A-3","catchLine":"Application for Registration; Fees; Registered Agents.","title":"Section 32-12A-3 Application for Registration; Fees; Registered Agents.","sectionRange":null,"content":"(a) An application for registration or continued registration shall be made to the Secretary of the Alabama State Law Enforcement Agency or an authorized agent of the agency in a form prescribed by the secretary. The form shall state the name and address of every owner of the vehicle.
(b) A person who purchases an all-terrain vehicle or recreational off-highway vehicle from a retail dealer may make application for registration to the dealer at the point of sale. The dealer shall provide the registration application to the purchaser and submit the completed registration application and fees to the secretary at least once each month. The dealer may deduct a fee of two dollars fifty cents ($2.50) for each registration.
(c) Within 30 days after the receipt of the application and the appropriate fee, the secretary or agent shall issue to the applicant or provide to the dealer an assigned registration sticker. Once issued, the registration sticker shall be affixed to the vehicle in a manner prescribed by the secretary.
(d) Each agent for the registration of boats may also be a registered agent for all-terrain vehicle or recreational off-highway vehicle registration. The secretary may prescribe the accounting and procedural requirements necessary to assure efficient handling of registrations and registration fees. Agents shall strictly comply with the accounting and procedural requirements.
(e) In addition to other fees prescribed by law, an issuance fee of five dollars ($5) shall be charged for each all-terrain vehicle or recreational off-highway vehicle registration renewal, duplicate or replacement registration certificate, replacement decal, or an all-terrain vehicle or recreational off-highway vehicle registration transfer issued.
","history":"(Act 2017-395, §3; Act 2021-322, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30919,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30088,"codeId":49202,"versionId":45983,"parentId":49198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12A-4","shortTitle":"Section 32-12A-4","catchLine":"Registration for Private or Public Use.","title":"Section 32-12A-4 Registration for Private or Public Use.","sectionRange":null,"content":"All-terrain vehicles or recreational off-highway vehicles may be registered for private use or for public use. Public use includes private use. Registration is valid for three years from the date of issuance and is not transferable.
","history":"(Act 2017-395, §4; Act 2021-322, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30920,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30089,"codeId":49203,"versionId":45984,"parentId":49198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12A-5","shortTitle":"Section 32-12A-5","catchLine":"Registration Certificate.","title":"Section 32-12A-5 Registration Certificate.","sectionRange":null,"content":"The secretary shall provide to the registrant a registration certificate that includes the registration number, the date of registration, the make and serial number of the vehicle, the owner’s name and address, and additional information the secretary may require. Information concerning each registration shall be retained by the secretary. The registration is not valid unless signed by at least one owner. Upon a satisfactory showing that the registration certificate has been lost or destroyed, the secretary shall issue a replacement registration certificate upon payment of a fee of five dollars ($5). The fees collected from replacement registration certificates shall be deposited in the State Treasury and credited to the Public Safety Fund of the Alabama State Law Enforcement Agency.
","history":"(Act 2017-395, §5; Act 2021-322, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30921,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30090,"codeId":49204,"versionId":41411,"parentId":49198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12A-6","shortTitle":"Section 32-12A-6","catchLine":"Application for Transfer of Ownership.","title":"Section 32-12A-6 Application for Transfer of Ownership.","sectionRange":null,"content":"(a) An application for transfer of ownership may be made to the secretary within 30 days of the date of transfer.
(b) An application for transfer shall be executed by the registered owner and the purchaser using a bill of sale that includes the vehicle serial number.
","history":"(Act 2017-395, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30922,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30091,"codeId":49205,"versionId":41412,"parentId":49198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12A-7","shortTitle":"Section 32-12A-7","catchLine":"Fees; Renewal of Registration.","title":"Section 32-12A-7 Fees; Renewal of Registration.","sectionRange":null,"content":"(a) The fee for a three-year registration of an all-terrain vehicle or recreational off-highway vehicle under this section, other than those registered by a dealer or manufacturer, is as follows:
(1) For public use, forty-five dollars ($45).
(2) For private use, fifteen dollars ($15).
(3) For a duplicate or transfer, five dollars ($5).
(b) In addition to the fees provided above, an issuance fee of two dollars fifty cents ($2.50) shall be charged for the issuance of registration by an agent of the agency pursuant to this chapter. The fee shall be retained by the agent for the use of the office of the agent.
(c) Every owner of an all-terrain vehicle or recreational off-highway vehicle may renew registration in a manner prescribed by the secretary upon payment of the renewal registration fees.
","history":"(Act 2017-395, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30923,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30092,"codeId":49206,"versionId":41413,"parentId":49198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12A-8","shortTitle":"Section 32-12A-8","catchLine":"Registration Sticker for Vehicle Owned by State or Political Subdivision.","title":"Section 32-12A-8 Registration Sticker for Vehicle Owned by State or Political Subdivision.","sectionRange":null,"content":"Upon application, a registration sticker shall be issued without the payment of a fee for an all-terrain vehicle or recreational off-highway vehicle owned by the state or a political subdivision of the state.
","history":"(Act 2017-395, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30924,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30093,"codeId":49207,"versionId":41414,"parentId":49198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12A-9","shortTitle":"Section 32-12A-9","catchLine":"Prohibition Against Licensing or Registration Requirements by Political Subdivisions of State.","title":"Section 32-12A-9 Prohibition Against Licensing or Registration Requirements by Political Subdivisions of State.","sectionRange":null,"content":"No political subdivision of this state shall require licensing or registration of all-terrain vehicles or recreational off-highway vehicles covered by this chapter.
","history":"(Act 2017-395, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30925,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30094,"codeId":49208,"versionId":41415,"parentId":49198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12A-10","shortTitle":"Section 32-12A-10","catchLine":"Purchaser’s Certificate Required for Initial Registration.","title":"Section 32-12A-10 Purchaser’s Certificate Required for Initial Registration.","sectionRange":null,"content":"A person applying for initial registration in this state of an all-terrain vehicle or recreational off-highway vehicle shall provide a purchaser’s certificate showing a complete description of the vehicle including serial number or other identifying numbers and the seller’s name and address.
","history":"(Act 2017-395, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30926,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30095,"codeId":49209,"versionId":41416,"parentId":49198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12A-11","shortTitle":"Section 32-12A-11","catchLine":"Registration Refunds.","title":"Section 32-12A-11 Registration Refunds.","sectionRange":null,"content":"The secretary may issue a refund of a registration, not including any issuance fees paid, if either of the following apply:
(1) The vehicle was registered incorrectly.
(2) The vehicle was registered by the dealer and by the customer.
","history":"(Act 2017-395, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30927,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30096,"codeId":49210,"versionId":45985,"parentId":49198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12A-12","shortTitle":"Section 32-12A-12","catchLine":"Disposition of Fees.","title":"Section 32-12A-12 Disposition of Fees.","sectionRange":null,"content":"Fees from the registration of all-terrain vehicles and recreational off-highway vehicles shall be deposited in the State Treasury and credited to the Public Safety Fund.
","history":"(Act 2017-395, §12; Act 2021-322, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30928,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30097,"codeId":49211,"versionId":41417,"parentId":49198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12A-13","shortTitle":"Section 32-12A-13","catchLine":"Rulemaking Authority.","title":"Section 32-12A-13 Rulemaking Authority.","sectionRange":null,"content":"The secretary may adopt rules necessary to administer this chapter.
","history":"(Act 2017-395, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30929,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30098,"codeId":49212,"versionId":41418,"parentId":49198,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-12A-14","shortTitle":"Section 32-12A-14","catchLine":"Administration of Chapter.","title":"Section 32-12A-14 Administration of Chapter.","sectionRange":null,"content":"REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-322 EFFECTIVE APRIL 29, 2021.
","history":"(Act 2017-395, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30930,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30099,"codeId":16300,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"13","shortTitle":"Chapter 13","catchLine":"Abandoned Motor Vehicles.","title":"Chapter 13 Abandoned Motor Vehicles.","sectionRange":"§32-13-1 to §32-13-11","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30931,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30100,"codeId":16302,"versionId":38768,"parentId":16300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-13-1","shortTitle":"Section 32-13-1","catchLine":"Abandoned Motor Vehicle Defined; Posted Notice.","title":"Section 32-13-1 Abandoned Motor Vehicle Defined; Posted Notice.","sectionRange":null,"content":"For the purposes of this chapter, the following terms shall have the following meanings:
(1) ABANDONED MOTOR VEHICLE. A motor vehicle as defined in Section 32-8-2, that has been unclaimed as provided in Section 32-8-84 for not less than 30 calendar days from the date the notice was sent to the owner and lienholder of record, or if no owner or lienholder of record could be determined, has been unclaimed for not less than 30 calendar days. The term “abandoned motor vehicle” also includes any attached aftermarket equipment installed on the motor vehicle that replaced factory installed equipment.
(2) DEPARTMENT. The Department of Revenue.
","history":"(Acts 1971, No. 1154, p. 1999, §1; Acts 1989, No. 89-758, p. 1534, §1; Act 98-609, p. 1339, §1; Act 2003-402, p. 1170, §1; Act 2012-227, p. 418, §1; Act 2015-470, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30932,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30101,"codeId":16308,"versionId":45557,"parentId":16300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-13-2","shortTitle":"Section 32-13-2","catchLine":"Removal of Motor Vehicles; Liability; Lien on Vehicles Removed; Notice.","title":"Section 32-13-2 Removal of Motor Vehicles; Liability; Lien on Vehicles Removed; Notice.","sectionRange":null,"content":"(a) A law enforcement officer or, in a Class 1 municipality, a parking enforcement officer or traffic enforcement officer who is not required to be certified by the Alabama Peace Officers’ Standards and Training Commission, may cause a motor vehicle to be removed to the nearest garage or other place of safety under any of the following circumstances:
(1) The motor vehicle is left unattended on a public street, road, or highway or other property for a period of at least 48 hours.
(2) The motor vehicle is left unattended because the driver of the vehicle has been arrested or is impaired by an accident or for any other reason which causes the need for the vehicle to be immediately removed as determined necessary by a law enforcement officer.
(3) The motor vehicle is subject to an impoundment order for outstanding traffic or parking violations.
(b)(1) A law enforcement officer, parking enforcement officer, or traffic enforcement officer who, pursuant to this section, causes any motor vehicle to be removed to a garage or other place of safety shall be liable for gross negligence only.
(2) A person removing a motor vehicle or other property at the direction of an owner or owner’s authorized agent, a lessee of real property or the lessee’s authorized agent, or a law enforcement officer, parking enforcement officer, or traffic enforcement officer in accordance with this section shall have a lien on the motor vehicle for a reasonable fee for the removal and for the storage of the motor vehicle.
(c) A law enforcement officer, parking enforcement officer, or traffic enforcement officer who causes the removal of any motor vehicle to a garage or other place of safety pursuant to this section, within five calendar days, shall give written notice of the removal. The notice shall include a complete description of the motor vehicle identification number and license number thereof, provided the information is available, to the Secretary of the Alabama State Law Enforcement Agency.
(d) An owner or owner’s authorized agent, or a lessee of real property or the lessee’s authorized agent, upon which a motor vehicle has become unclaimed, as provided for in Section 32-8-84, may cause the motor vehicle to be removed to a secure place. Any person or entity removing the vehicle at the direction of the owner or lessee of real property or his or her agent pursuant to this section shall have a lien on the motor vehicle for a reasonable fee for the removal and for storage of the motor vehicle.
(e) An owner or lessee or agent of the real property owner and the towing agent or wrecker service employed shall be liable to the owner or lienholder of record for action taken under this section only for gross negligence.
","history":"(Acts 1971, No. 1154, p. 1999, §2; Acts 1989, No. 89-758, p. 1534, §2; Act 98-609, p. 1339, §1; Act 2012-227, p. 418, §1; Act 2015-470, p. 1608, §1; Act 2019-245, §1; Act 2020-130, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30933,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30102,"codeId":16314,"versionId":43463,"parentId":16300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-13-3","shortTitle":"Section 32-13-3","catchLine":"Authority to Sell; Notice; Bill of Sale; Records; Voiding of Sale; Title.","title":"Section 32-13-3 Authority to Sell; Notice; Bill of Sale; Records; Voiding of Sale; Title.","sectionRange":null,"content":"(a) A person, as defined in Section 40-12-240, in possession of a motor vehicle that is considered an abandoned motor vehicle may sell the motor vehicle at a public auction.
(b)(1) Notice of the date, time, and place of the sale and a description of the motor vehicle to be sold, including the year, make, model, and vehicle identification number, shall be given by publication once a week for two successive weeks in a newspaper of general circulation in the county in which the sale is to be held, provided the vehicle is currently registered in the county. In counties in which no newspaper is published, notice shall be given by posting such notice in a conspicuous place at the courthouse. The first publication or posting, as the case may be, shall be at least 30 days before the date of sale. A person selling a motor vehicle at public auction under subsection (a) shall give notice of the public auction to the department at least 35 calendar days prior to the date of the public auction.
(2) The notice of public auction shall be in a manner as prescribed by the department and shall include all of the following:
a. The name and address of the current owner and lienholder of record, if any, as reflected on the current title or registration record of state.
b. The contact information for the person or entity filing the notice.
c. The motor vehicle’s identification number, year, make, and model.
d. The date, time, and location of the auction.
e. If the motor vehicle is not being sold by a bonded agent pursuant to Section 32-8-34, Section 40-12-398, or Section 40-12-414, a statement that the purchaser is required to post a bond pursuant to Section 32-8-36 in order to obtain title to the vehicle.
(3) The auction shall occur where the vehicle is located. The department, within five calendar days of receipt of the notice of public auction, shall send a motor vehicle interest termination notice to the current owner and lienholder of record, if any, as disclosed on the notice of public auction. The motor vehicle interest termination notice shall advise the owner and lienholder of record, if any, that their interest in the motor vehicle, upon its sale, will be terminated pursuant to this chapter, and personal property and items contained in the motor vehicle will be disposed of in a manner determined by the person or entity conducting the sale.
(4) The notice shall include all the information provided in the notice of public auction as well as the owner or other interested party’s appeal rights, pursuant to Sections 32-13-4 and 40-2A-8, to contest the proposed sale of the motor vehicle.
(c)(1) Upon payment of the sales price to a seller who is a bonded agent, pursuant to Section 32-8-34, Section 40-12-398, or Section 40-12-414, the purchaser of the abandoned motor vehicle shall be entitled to, and the person making the sale shall issue, a bill of sale for the abandoned motor vehicle, free and clear of all liens, security interests, and encumbrances, in a form as prescribed by the department. Upon payment of the sales price to a seller who is not a bonded agent, the purchaser of the abandoned motor vehicle shall be entitled to, and the person making the sale shall issue, a bill of sale for the abandoned motor vehicle, in a form as prescribed by the department. In addition, the purchaser shall post a surety bond pursuant to Section 32-8-36 to obtain title for any sale on or after January 1, 2020.
(2) If the purchaser of an abandoned motor vehicle fails to apply for a certificate of title within one calendar year from the date of the sale, the purchaser shall be subject to posting a bond under Section 32-8-36.
(3) Each person who sells a motor vehicle pursuant to this chapter, for three years from the date of the sale, shall maintain all of the following:
a. Copies of the notices sent pursuant to subsection (d) of Section 32-8-84, to the previous motor vehicle owner and lienholder of record, along with evidence that the notices were sent by certified mail.
b. Any associated National Motor Vehicle Title Information System (NMVTIS) records and owner and lienholder records received from any state pursuant to subsection (d) of Section 32-8-84.
c. Any other records as required by the department.
(4) Notwithstanding any other provision in this section, if the person making the sale of the motor vehicle failed to provide proper notices as required in subsection (d) of Section 32-8-84, or this chapter, the sale of the abandoned vehicle shall be void and the current owners, registrants, secured parties, and lienholders of record, if any, for the motor vehicle shall retain their ownership, security interests, liens, and interests in the motor vehicle.
(d)(1) Each purchaser of an abandoned motor vehicle subject to titling shall make an application for a certificate of title unless the motor vehicle is being sold by the purchaser to a licensed automotive dismantler and parts recycler or secondary metals recycler for the purpose of dismantling it or recycling it into metallic scrap for remelting purposes.
(2) A purchaser of an abandoned motor vehicle who sells an abandoned motor vehicle to a licensed automotive dismantler and parts recycler or secondary metals recycler, in lieu of surrendering the certificate of title as prescribed in Section 32-8-87(s)(1), may surrender the bill of sale for the abandoned motor vehicle to the licensed automotive dismantler and parts recycler or secondary metals recycler. The licensed automotive dismantler and metals recycler or secondary parts recycler shall then proceed with the notice of cancellation procedures as prescribed in Section 32-8-87(s)(1) utilizing the bill of sale in lieu of the certificate of title. The bill of sale shall be subject to the same records retention requirements as those prescribed in Section 32-8-87(s)(1) for a certificate of title.
(e)(1) If the current certificate of title to a motor vehicle sold pursuant to this chapter is designated a salvage certificate of title, or if the records of the department indicate an application for a salvage certificate of title has previously been received, the new certificate of title issued by the department shall also be a salvage certificate of title.
(2) The purchaser of a salvage abandoned motor vehicle shall not be permitted to register the vehicle or operate it upon the highways of this state until the vehicle is restored by a licensed rebuilder and inspected by the department as required by Section 32-8-87 and a rebuilt Alabama certificate of title is issued.
","history":"(Acts 1971, No. 1154, p. 1999, §3; Acts 1983, No. 83-494, p. 691, §1; Acts 1989, No. 89-758, p. 1534, §3; Act 98-256, p. 423, §1; Act 2003-402, p. 1170, §1; Act 2006-414, p. 1027, §1; Act 2015-470, p. 1608, §1; Act 2019-245, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30934,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30103,"codeId":16316,"versionId":41094,"parentId":16300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-13-4","shortTitle":"Section 32-13-4","catchLine":"Contesting Sale; Hearing.","title":"Section 32-13-4 Contesting Sale; Hearing.","sectionRange":null,"content":"(a) The current owners, registrants, secured parties, and lienholders of record, if any, of a motor vehicle, prior to the sale, may contest the sale of the motor vehicle pursuant to this chapter by filing a notice of appeal with the circuit court in the county where the sale is scheduled to occur.
(b)(1) If no application for hearing is timely made by the current owners, registrants, secured parties, or lienholders of record, if any, for the motor vehicle, the motor vehicle may be sold at the time and place designated in the notice of sale and any personal property or items contained in the vehicle may be disposed of in a manner determined by the person or entity conducting the sale.
(2) If application for a hearing is timely made by the current owners, registrants, secured parties, or lienholders of record, if any, for the motor vehicle, then all such parties shall be provided notice by the circuit court. The circuit court shall conduct a hearing to determine if the motor vehicle is an abandoned motor vehicle as defined by this chapter and whether proper notices were provided pursuant to subsection (d) of Section 32-8-84 and this chapter. The motor vehicle shall not be sold pending the decision by the circuit court.
(3) If the circuit court judge determines that the motor vehicle was abandoned and that proper notice or notices were issued, the motor vehicle may be sold as an abandoned motor vehicle after notice of the sale as prescribed in Section 32-13-3.
(4) Any contest regarding the sale of an abandoned motor vehicle, after the sale has occurred, shall be filed in the circuit court in the county where the sale occurred. Any contest regarding the reasonable cost of repair, towing, storage, and all reasonable expenses incurred in connection with the sale shall be filed in the circuit court in the county where the sale is scheduled or has occurred.
","history":"(Acts 1971, No. 1154, p. 1999, §4; Acts 1983, No. 83-494, p. 691, §1; Acts 1989, No. 89-758, p. 1534, §3; Act 2003-402, p. 1170, §1; Act 2006-414, p. 1027, §1; Act 2015-470, p. 1608, §1; Act 2017-441, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30935,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30104,"codeId":16320,"versionId":12950,"parentId":16300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-13-5","shortTitle":"Section 32-13-5","catchLine":"Rejection of Bids.","title":"Section 32-13-5 Rejection of Bids.","sectionRange":null,"content":"The person making the sale shall have the right to reject any and all bids if the amount bid be unreasonably low, and shall have the right to continue the sale from time to time if no bidders are present.
","history":"(Acts 1971, No. 1154, p. 1999, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30936,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30105,"codeId":16325,"versionId":43391,"parentId":16300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-13-6","shortTitle":"Section 32-13-6","catchLine":"Deductions from Proceeds.","title":"Section 32-13-6 Deductions from Proceeds.","sectionRange":null,"content":"A person or entity making the sale of the motor vehicle shall deduct from the proceeds of the sale the reasonable cost of repair, towing, storage, and all reasonable expenses incurred in connection with the sale. The person or entity shall also pay the balance remaining to the license plate issuing official of the county in which the sale is made to be distributed to the general fund of the county, except any Class 2 municipality that owns and operates an impound facility and sells the motor vehicles at public auction, the proceeds from the sale shall be retained by the municipality and deposited into the general fund of the municipality; provided, that the costs shall in no event exceed the customary charges for like services in the community where the sale is made.
","history":"(Acts 1971, No. 1154, p. 1999, §6; Act 2003-402, p. 1170, §1; Act 2006-414, p. 1027, §1; Act 2015-470, p. 1608, §1; Act 2019-158, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30937,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30106,"codeId":16330,"versionId":12960,"parentId":16300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-13-7","shortTitle":"Section 32-13-7","catchLine":"Disposition of Proceeds.","title":"Section 32-13-7 Disposition of Proceeds.","sectionRange":null,"content":"Repealed by Act 2006-414, p. 1027, §2, effective July 1, 2006.
","history":"(Acts 1971, No. 1154, p. 1999, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30938,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30107,"codeId":16333,"versionId":12963,"parentId":16300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-13-8","shortTitle":"Section 32-13-8","catchLine":"Chapter Cumulative; Power of Municipality Not Restricted.","title":"Section 32-13-8 Chapter Cumulative; Power of Municipality Not Restricted.","sectionRange":null,"content":"This chapter is cumulative and shall not be construed as limiting or restricting any power or authority any municipality may now have or possess under any other provision of law.
","history":"(Acts 1971, No. 1154, p. 1999, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30939,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30108,"codeId":47168,"versionId":39264,"parentId":16300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-13-9","shortTitle":"Section 32-13-9","catchLine":"Administration of Chapter; Assistance of Law Enforcement Agencies and Officers.","title":"Section 32-13-9 Administration of Chapter; Assistance of Law Enforcement Agencies and Officers.","sectionRange":null,"content":"The department shall administer this chapter and may call upon any law enforcement agency and officer of this state for assistance as it may deem necessary in order to ensure enforcement. Law enforcement agencies and officers shall render assistance to the department as requested.
","history":"(Act 2015-470, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30940,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30109,"codeId":47169,"versionId":39265,"parentId":16300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-13-10","shortTitle":"Section 32-13-10","catchLine":"False Statements Regarding Sale of Abandoned Motor Vehicle.","title":"Section 32-13-10 False Statements Regarding Sale of Abandoned Motor Vehicle.","sectionRange":null,"content":"(a) A person, with fraudulent intent, may not make a material false statement regarding the sale of an abandoned motor vehicle.
(b) A person in violation of subsection (a) commits a Class C felony.
(c) A person, whether present or absent, who aids, abets, induces, procures, or causes the commission of an act in violation of subsection (a) commits a Class C felony.
","history":"(Act 2015-470, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30941,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30110,"codeId":48571,"versionId":40622,"parentId":16300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-13-11","shortTitle":"Section 32-13-11","catchLine":"Application of Abandoned Motor Vehicle Statutes.","title":"Section 32-13-11 Application of Abandoned Motor Vehicle Statutes.","sectionRange":null,"content":"Act 2015-470, 2015 Regular Session, only applies to the sale of an abandoned motor vehicle for which notice of the sale is published on or after July 1, 2016. A purchaser of an abandoned motor vehicle sold pursuant to this chapter, other than an abandoned motor vehicle sold in accordance with Act 2015-470, 2015 Regular Session, shall make application for certificate of title prior to January 1, 2017, or thereafter make application for certificate of title under Section 32-8-36(2).
","history":"(Act 2016-358, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30942,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30111,"codeId":16340,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"14","shortTitle":"Chapter 14","catchLine":"Driver Training Schools.","title":"Chapter 14 Driver Training Schools.","sectionRange":"§32-14-1 to §32-14-24","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30943,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30112,"codeId":16341,"versionId":null,"parentId":16340,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§32-14-1 to §32-14-6","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30944,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30113,"codeId":16343,"versionId":12969,"parentId":16341,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-14-1","shortTitle":"Section 32-14-1","catchLine":"Short Title.","title":"Section 32-14-1 Short Title.","sectionRange":null,"content":"Repealed by Act 2015-70 effective April 21, 2015.
","history":"(Acts 1967, No. 185, p. 547, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30945,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30114,"codeId":16345,"versionId":12971,"parentId":16341,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-14-2","shortTitle":"Section 32-14-2","catchLine":"Definitions.","title":"Section 32-14-2 Definitions.","sectionRange":null,"content":"Repealed by Act 2015-70 effective April 21, 2015.
","history":"(Acts 1967, No. 185, p. 547, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30946,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30115,"codeId":16347,"versionId":12973,"parentId":16341,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-14-3","shortTitle":"Section 32-14-3","catchLine":"Rules and Regulations.","title":"Section 32-14-3 Rules and Regulations.","sectionRange":null,"content":"Repealed by Act 2015-70 effective April 21, 2015.
","history":"(Acts 1967, No. 185, p. 547, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30947,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30116,"codeId":16351,"versionId":12976,"parentId":16341,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-14-4","shortTitle":"Section 32-14-4","catchLine":"Disposition of Moneys Received.","title":"Section 32-14-4 Disposition of Moneys Received.","sectionRange":null,"content":"Repealed by Act 2015-70 effective April 21, 2015.
","history":"(Acts 1967, No. 185, p. 547, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30948,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30117,"codeId":16356,"versionId":12980,"parentId":16341,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-14-5","shortTitle":"Section 32-14-5","catchLine":"Exemptions.","title":"Section 32-14-5 Exemptions.","sectionRange":null,"content":"Repealed by Act 2015-70 effective April 21, 2015.
","history":"(Acts 1967, No. 185, p. 547, §10; Acts 1996, No. 96-519, p. 666, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30949,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30118,"codeId":16359,"versionId":12983,"parentId":16341,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-14-6","shortTitle":"Section 32-14-6","catchLine":"Penalty for Violation of Chapter.","title":"Section 32-14-6 Penalty for Violation of Chapter.","sectionRange":null,"content":"Repealed by Act 2015-70 effective April 21, 2015.
","history":"(Acts 1967, No. 185, p. 547, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30950,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30119,"codeId":16366,"versionId":null,"parentId":16340,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Licenses.","title":"Article 2 Licenses.","sectionRange":"§32-14-20 to §32-14-24","content":null,"history":null,"numChildren":5,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30951,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30120,"codeId":16367,"versionId":12989,"parentId":16366,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-14-20","shortTitle":"Section 32-14-20","catchLine":"Required.","title":"Section 32-14-20 Required.","sectionRange":null,"content":"Repealed by Act 2015-70 effective April 21, 2015.
","history":"(Acts 1967, No. 185, p. 547, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30952,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30121,"codeId":16371,"versionId":12993,"parentId":16366,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-14-21","shortTitle":"Section 32-14-21","catchLine":"Qualifications - Operation of Driving School.","title":"Section 32-14-21 Qualifications - Operation of Driving School.","sectionRange":null,"content":"Repealed by Act 2015-70 effective April 21, 2015.
","history":"(Acts 1967, No. 185, p. 547, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30953,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30122,"codeId":16376,"versionId":12997,"parentId":16366,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-14-22","shortTitle":"Section 32-14-22","catchLine":"Qualifications - Instructor for Driving School.","title":"Section 32-14-22 Qualifications - Instructor for Driving School.","sectionRange":null,"content":"Repealed by Act 2015-70 effective April 21, 2015.
","history":"(Acts 1967, No. 185, p. 547, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30954,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30123,"codeId":16380,"versionId":13001,"parentId":16366,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-14-23","shortTitle":"Section 32-14-23","catchLine":"Issuance, Expiration, and Renewal.","title":"Section 32-14-23 Issuance, Expiration, and Renewal.","sectionRange":null,"content":"Repealed by Act 2015-70 effective April 21, 2015.
","history":"(Acts 1967, No. 185, p. 547, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30955,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30124,"codeId":16384,"versionId":13005,"parentId":16366,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-14-24","shortTitle":"Section 32-14-24","catchLine":"Cancellation, Suspension, or Revocation of or Refusal to Renew Licenses.","title":"Section 32-14-24 Cancellation, Suspension, or Revocation of or Refusal to Renew Licenses.","sectionRange":null,"content":"Repealed by Act 2015-70 effective April 21, 2015.
","history":"(Acts 1967, No. 185, p. 547, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30956,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30125,"codeId":16394,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"15","shortTitle":"Chapter 15","catchLine":"Renting, Hiring and Using Motor Vehicles.","title":"Chapter 15 Renting, Hiring and Using Motor Vehicles.","sectionRange":"§32-15-1 to §32-15-8","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30957,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30126,"codeId":16396,"versionId":13015,"parentId":16394,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-15-1","shortTitle":"Section 32-15-1","catchLine":"Fraudulent Determination of Mileage.","title":"Section 32-15-1 Fraudulent Determination of Mileage.","sectionRange":null,"content":"Whoever, with the intent to defraud, shall rent a motor vehicle, the hire of which is determinable either in whole or in part by the distance such motor vehicle travels, knowing that the odometer or other mechanical device attached to such motor vehicle or any part thereof for the purpose of registering the distance that such motor vehicle travels does not correctly register the distance such motor vehicle travels, or who shall knowingly deceive any person or persons hiring any motor vehicle as to the distance such motor vehicle has traveled during the period of hiring and shall make a charge for the use thereof, based either in whole or in part upon such deception, shall, upon conviction, be guilty of a misdemeanor and subject to imprisonment in the county jail for a period of not less than 30 days nor more than 12 months, or be fined not less than $50.00 nor more than $200.00, or be both fined and imprisoned.
","history":"(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §96.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30958,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30127,"codeId":16399,"versionId":13018,"parentId":16394,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-15-2","shortTitle":"Section 32-15-2","catchLine":"Renting to Intoxicated Person.","title":"Section 32-15-2 Renting to Intoxicated Person.","sectionRange":null,"content":"Whoever rents a motor vehicle to any person to operate upon any public highway or street, knowing that such person is in an intoxicated condition or under the influence of drugs, shall, upon conviction, be guilty of a misdemeanor and shall be subject to imprisonment in the county jail for a period of not less than 30 days nor more than 12 months, or shall be fined not less than $25.00 nor more than $100.00, or shall be both fined and imprisoned.
","history":"(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §97.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30959,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30128,"codeId":16403,"versionId":13022,"parentId":16394,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-15-3","shortTitle":"Section 32-15-3","catchLine":"Person Hiring Tampering with Mileage Device.","title":"Section 32-15-3 Person Hiring Tampering with Mileage Device.","sectionRange":null,"content":"Whoever, after hiring a motor vehicle from any person or persons under an agreement to pay for the use of such motor vehicle a sum of money determinable either in whole or in part upon the distance such motor vehicle travels during the period for which hired, shall, with the intent to deceive the person or persons letting such motor vehicle or such person’s or persons’ lawful agent as to the actual distance such motor vehicle traveled during the period for which let, remove or attempt to remove, tamper with or attempt to tamper with, or in any other wise interfere with any odometer or other mechanical device attached to said hired motor vehicle for the purpose of registering the distance such motor vehicle travels, or who shall knowingly aid, abet, or assist another in so doing, or shall remove or attempt to remove from such motor vehicle any part thereof upon which is attached such odometer or such other mechanical device, shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by imprisonment in a county jail for not more than 12 months nor less than 30 days or shall be fined not more than $200.00 nor less than $50.00 or shall be both fined and imprisoned. Any person violating this section may be punished in the county where such motor vehicle is hired or in the county where such odometer or such other mechanical device is removed or attempted to be removed, or tampered with or attempted to be tampered with, or in any other wise interfered with, or in the county where such person knowingly aid, abet, or assist another in violating the provisions of this section, or in the county where any part of such motor vehicle upon which is attached such odometer or such other mechanical device is removed or attempted to be removed.
","history":"(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §98.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30960,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30129,"codeId":16407,"versionId":13027,"parentId":16394,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-15-4","shortTitle":"Section 32-15-4","catchLine":"Obtaining Possession by Trick, False Representation, Etc.","title":"Section 32-15-4 Obtaining Possession by Trick, False Representation, Etc.","sectionRange":null,"content":"Whoever, with the intent to deprive or defraud the owner of any motor vehicle, or the person in lawful possession thereof, out of the temporary use, benefit, or enjoyment of such motor vehicle, shall obtain the custody of such motor vehicle from the owner thereof, or from such owner’s agent, or from any person in lawful possession thereof by some trick or fraudulent or false representation, or any false token or writing, or false personation of another, shall, upon conviction, be deemed guilty of a Class C felony and shall be punished with imprisonment in a state penitentiary for not more than 10 years nor less than one year and one day, or shall be fined not more than $5,000.00 or shall be both fined and imprisoned.
","history":"(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §99; Acts 1983, No. 83-564, p. 865, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30961,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30130,"codeId":16412,"versionId":13030,"parentId":16394,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-15-5","shortTitle":"Section 32-15-5","catchLine":"Hiring with Intent to Defraud.","title":"Section 32-15-5 Hiring with Intent to Defraud.","sectionRange":null,"content":"Whoever, with intent to defraud the owner of any motor vehicle or any person in lawful possession thereof, hires from such owner, or such owner’s agents, or any person in lawful possession thereof, any motor vehicle shall, upon conviction, be deemed guilty of a Class C felony and shall be punished by imprisonment in a state penitentiary for not more than 10 years nor less than one year and one day, or shall be fined not more than $5,000.00, or shall be both fined and imprisoned. The refusal to pay the hire of such motor vehicle or absconding without paying or offering to pay such hire shall be prima facie evidence of such fraudulent intent.
","history":"(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §100; Acts 1983, No. 83-564, p. 865, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30962,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30131,"codeId":16414,"versionId":13033,"parentId":16394,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-15-6","shortTitle":"Section 32-15-6","catchLine":"Failure to Redeliver Hired Vehicle; Service of Written Demand.","title":"Section 32-15-6 Failure to Redeliver Hired Vehicle; Service of Written Demand.","sectionRange":null,"content":"Any person who, after hiring, leasing or renting a motor vehicle under an agreement in writing, which provides for return of said vehicle to a particular place, or at a particular time, shall abandon such vehicle, or secrete, convert, sell or attempt to sell the same or any part thereof, or who shall fail to return the vehicle to said place within the time specified, and is thereafter personally served with a written demand, or upon whom written demand is thereafter made by registered mail, to return said vehicle to the place specified in the written agreement within 48 hours from the time of the personal service or service by registered mail of such demand, and who fails, except for causes beyond his control to return said vehicle to the lessor within said period, is guilty of a Class C felony and shall be punished by imprisonment for not more than 10 years or less than one year and one day in a state penitentiary, or shall be fined not more than $5,000.00, or shall be both fined and imprisoned. Service by registered mail shall be deemed to be complete upon deposit in the United States mail of such demand securely wrapped, postpaid and addressed to such person at the address for such person set forth in the written agreement for the hire or use thereof or in the absence of such address to such person’s last known place of residence.
","history":"(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §101; Acts 1983, No. 83-564, p. 865, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30963,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30132,"codeId":16420,"versionId":13038,"parentId":16394,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-15-7","shortTitle":"Section 32-15-7","catchLine":"Embezzlement, Conversion, Etc., of Motor Vehicle Which Is Subject of Larceny.","title":"Section 32-15-7 Embezzlement, Conversion, Etc., of Motor Vehicle Which Is Subject of Larceny.","sectionRange":null,"content":"Whoever embezzles or fraudulently converts to his own use or secretes, with intent to embezzle or fraudulently convert to his own use, any motor vehicle delivered to him, which may be the subject of larceny or any part thereof, shall be deemed guilty of a Class C felony and shall be punished by imprisonment for not more than 10 years or less than one year and one day in a state penitentiary, or shall be fined not more than $5,000.00, or shall be both fined and imprisoned.
","history":"(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §102; Acts 1983, No. 83-564, p. 865, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30964,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30133,"codeId":16422,"versionId":13040,"parentId":16394,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-15-8","shortTitle":"Section 32-15-8","catchLine":"Permitting Another to Drive Hired Car.","title":"Section 32-15-8 Permitting Another to Drive Hired Car.","sectionRange":null,"content":"Whoever, after hiring a motor vehicle under an agreement not to permit another to operate or drive same, shall, without first securing the consent of the renter thereto, or the renter’s duly authorized agent, permit another to operate or drive same shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than six months or shall be fined not more than $200.00, or shall be both fined and imprisoned.
","history":"(Acts 1927, No. 456, p. 507; Code 1940, T. 36, §103.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30965,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30134,"codeId":16430,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"16","shortTitle":"Chapter 16","catchLine":"Selling Used Motor Vehicles.","title":"Chapter 16 Selling Used Motor Vehicles.","sectionRange":"§32-16-1 to §32-16-4","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30981,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30135,"codeId":16431,"versionId":13044,"parentId":16430,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-16-1","shortTitle":"Section 32-16-1","catchLine":"Definitions.","title":"Section 32-16-1 Definitions.","sectionRange":null,"content":"The terms “dealer” and “vendor” as used in this chapter shall be construed to include every individual, partnership, corporation or association whose business in whole or in part is that of selling new or used motor vehicles and likewise shall be construed to include every agent, representative or consignee of any such dealer as defined above, as fully as if the same had been herein expressly set out; except, that no agent, representative or consignee of such dealer or vendor shall be required to make and file the bond if such dealer or vendor for whom such agent, representative or consignee acts shall have fully complied with all of the provisions of this chapter.
","history":"(Acts 1936-37, Ex. Sess., No. 220, p. 263; Code 1940, T. 36, §104.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30982,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30136,"codeId":16435,"versionId":13046,"parentId":16430,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-16-2","shortTitle":"Section 32-16-2","catchLine":"Registration of Certain Vehicles; Bond of Certain Dealers.","title":"Section 32-16-2 Registration of Certain Vehicles; Bond of Certain Dealers.","sectionRange":null,"content":"Every dealer in used or secondhand motor vehicles who is a nonresident of the State of Alabama, or who does not have a permanent place of business in the State of Alabama, and any person, firm or corporation who brings any used or secondhand motor vehicle into the State of Alabama for purposes of sale or resale, except as a trade-in on a new motor vehicle, or another used car, shall, within 10 days from date of entering of said used or secondhand motor vehicle into the State of Alabama, register such motor vehicle with the probate judge of the county in which said secondhand or used motor vehicle is brought, on a form to be provided by the probate judge, and shall, before said used or secondhand car is put on a used car lot for sale, or offered for sale, or sold, execute bond with two good and sufficient sureties or with a surety company duly authorized to do business in the State of Alabama as surety or sureties thereon, payable to the said probate judge for the use or benefit of the purchaser and his vendees, conditioned to pay all loss, damages and expenses that may be sustained by the purchaser or vendees, that may be occasioned by reason of any fraudulent misrepresentations or breaches of warranty as to freedom from liens, quality, condition, use or value of said motor vehicle being so sold. Said bond shall be in the full amount of the sale price of such secondhand or used motor vehicle, but in no event to exceed the sum of $1,000.00, and such bond shall be filed with the probate judge of the county in which such sale is made by the vendor, and such bond shall be approved by said probate judge as to the amount thereof and as to the solvency of the surety or sureties thereon, for which services the vendor shall pay a fee of $1.00 as registration and recording, which said sum shall be held and disposed of as other registration and recording fees are now held and disposed of by him; and the said vendor shall pay over to the probate judge at the time of the registration of said bond the further sum of $5.00, which said sum shall be by the probate judge paid over to the county treasury of the respective counties, less a fee of $.50 to be retained by the probate judge to the credit of county school funds, the same to be distributed and disposed of as provided by law.
","history":"(Acts 1936-37, Ex. Sess., No. 220, p. 263; Code 1940, T. 36, §105.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30983,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30137,"codeId":16440,"versionId":13049,"parentId":16430,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-16-3","shortTitle":"Section 32-16-3","catchLine":"Right of Action Dependent Upon Compliance.","title":"Section 32-16-3 Right of Action Dependent Upon Compliance.","sectionRange":null,"content":"No action nor the right of action to recover any such secondhand or used motor vehicle, nor any part of the selling price thereof, shall be maintained in the courts of this state by any such dealer or vendor, his successors or assigns, when such vendor or dealer shall have failed to comply with the terms and provisions of this chapter.
","history":"(Acts 1936-37, Ex. Sess., No. 220, p. 263; Code 1940, T. 36, §106.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30984,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30138,"codeId":16446,"versionId":13054,"parentId":16430,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-16-4","shortTitle":"Section 32-16-4","catchLine":"Penalty.","title":"Section 32-16-4 Penalty.","sectionRange":null,"content":"Any vendor or dealer in used or secondhand motor vehicles who shall violate or fail to observe any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction for such violation, shall be punished by a fine of not less than $100.00 nor more than $500.00, and/or by imprisonment for not less than 30 days nor more than six months. The Director of Public Safety and his subordinate officers are hereby authorized and required to enforce, and are charged with the duty of enforcing, the provisions of this chapter.
","history":"(Acts 1936-37, Ex. Sess., No. 220, p. 263; Acts 1939, No. 621, p. 988, §1; Code 1940, T. 36, §107.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30985,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30139,"codeId":16451,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"17","shortTitle":"Chapter 17","catchLine":"Warranty Work on Motor Vehicles.","title":"Chapter 17 Warranty Work on Motor Vehicles.","sectionRange":"§32-17-1 to §32-17-2","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30986,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30140,"codeId":16453,"versionId":13059,"parentId":16451,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-17-1","shortTitle":"Section 32-17-1","catchLine":"Compensation by Manufacturer, Etc., for Work Performed by Dealer or Representative.","title":"Section 32-17-1 Compensation by Manufacturer, Etc., for Work Performed by Dealer or Representative.","sectionRange":null,"content":"No manufacturer of motor vehicles, distributor, distributor branch or factory branch or officer, agent or other representative thereof shall fail to compensate adequately and fairly its dealer or representative for labor, parts or expenses incurred by the dealer or representative with regard to factory warranty agreements performed by the dealer or representative. In no event shall said manufacturer of motor vehicles, distributor, distributor branch or factory branch pay to its dealer or representative a labor rate per hour for warranty work less than that charged by said dealer or representative to its retail customer. Conversely, no franchised dealer or representative shall charge its manufacturer, distributor, distributor branch or factory branch a labor rate per hour in excess of the rate charged its retail customers.
","history":"(Acts 1971, No. 2053, p. 3304, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30987,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30141,"codeId":16457,"versionId":13063,"parentId":16451,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-17-2","shortTitle":"Section 32-17-2","catchLine":"Penalty.","title":"Section 32-17-2 Penalty.","sectionRange":null,"content":"Any manufacturer of motor vehicles, distributor, distributor branch or factory branch or officer, agent or other representative thereof, or any dealer or representative of the same, who shall violate any provision of this chapter shall be guilty of a misdemeanor and shall be fined a sum not less than $10.00 nor more than $500.00 for each such violation.
","history":"(Acts 1971, No. 2053, p. 3304, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30988,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30142,"codeId":16460,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"17A","shortTitle":"Chapter 17A","catchLine":"Nonoriginal Equipment Manufacturer Aftermarket Crash Parts Disclosure.","title":"Chapter 17A Nonoriginal Equipment Manufacturer Aftermarket Crash Parts Disclosure.","sectionRange":"§32-17A-1 to §32-17A-3","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30989,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30143,"codeId":16463,"versionId":13065,"parentId":16460,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-17A-1","shortTitle":"Section 32-17A-1","catchLine":"Definitions.","title":"Section 32-17A-1 Definitions.","sectionRange":null,"content":"As used in this chapter, the following words and phrases shall have the following meanings respectively ascribed to them, unless the context clearly indicates otherwise:
(1) AFTERMARKET CRASH PART. A replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.
(2) INSTALLER. An individual who performs the work of replacing or repairing parts of a motor vehicle.
(3) INSURER. Includes an insurance company and any person authorized to represent the insurer with respect to a claim and who is acting within the scope of the person’s authority.
(4) NONORIGINAL EQUIPMENT MANUFACTURER AFTERMARKET CRASH PART. An aftermarket crash part made by any manufacturer other than the original vehicle manufacturer or his or her supplier.
(5) REPAIR FACILITY. A motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.
","history":"(Acts 1989, No. 89-662, p. 1315, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30990,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30144,"codeId":16467,"versionId":13069,"parentId":16460,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-17A-2","shortTitle":"Section 32-17A-2","catchLine":"Identification of Nonoriginal Equipment Manufacturer Aftermarket Crash Parts Manufactured or Supplied in This State.","title":"Section 32-17A-2 Identification of Nonoriginal Equipment Manufacturer Aftermarket Crash Parts Manufactured or Supplied in This State.","sectionRange":null,"content":"Any nonoriginal equipment manufacturer aftermarket crash part manufactured or supplied for use in this state on or after January 1, 1990, shall have affixed thereto or inscribed thereon the logo, identification number, or name of its manufacturer. Such manufacturer’s logo, identification number, or name shall be visible after installation whenever practicable.
","history":"(Acts 1989, No. 89-662, p. 1315, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30991,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30145,"codeId":16472,"versionId":13073,"parentId":16460,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-17A-3","shortTitle":"Section 32-17A-3","catchLine":"Disclosure Document.","title":"Section 32-17A-3 Disclosure Document.","sectionRange":null,"content":"In all instances where nonoriginal equipment manufacturer aftermarket crash parts are used in preparing an estimate for repairs, the written estimate prepared by the insurer and repair facility shall clearly identify each such part. A disclosure document attached to the estimate shall contain the following information in no smaller than 10 point type:
THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE.
","history":"(Acts 1989, No. 89-662, p. 1315, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30992,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30146,"codeId":16477,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"18","shortTitle":"Chapter 18","catchLine":"Municipal Testing Stations.","title":"Chapter 18 Municipal Testing Stations.","sectionRange":"§32-18-1 to §32-18-8","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":30993,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30147,"codeId":16478,"versionId":13079,"parentId":16477,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-18-1","shortTitle":"Section 32-18-1","catchLine":"Definitions.","title":"Section 32-18-1 Definitions.","sectionRange":null,"content":"For the purposes of this chapter, the following terms shall have the meanings indicated:
(1) PERSON. Every natural person, firm, copartnership, association, or corporation.
(2) OPERATOR. Every person who is in actual physical control of a motor vehicle upon a street, alley, or thoroughfare.
(3) MOTOR VEHICLE. Any vehicle propelled by any power other than muscular power, including traction engines, tractor cranes, power shovels, road building machines, road rollers, road sweepers, and sand spreaders, which are self-propelled; and trailers, semitrailers, and motorcycles. This definition shall not include traction engines, tractor cranes, power shovels, road building machines, road rollers, road sweepers, and sand spreaders which are not self-propelled; or tractors used exclusively for agricultural purposes, well drillers, electric trucks with small wheels used in factories, warehouses, and railroad stations and operated principally on private property and such vehicles as run only upon rails or tracks; or motor vehicles to the extent of five or more owned by any person having testing equipment and facilities meeting the requirements of the city; or motor vehicles engaged in the business of carrying and transporting passengers or property and subject to the supervision and regulation of the Alabama Public Service Commission.
(4) OWNER. A person who holds the legal title to a motor vehicle, or, in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of a motor vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.
","history":"(Acts 1943, No. 542, p. 522, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30994,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30148,"codeId":16484,"versionId":13084,"parentId":16477,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-18-2","shortTitle":"Section 32-18-2","catchLine":"City May Set Up or Designate Testing Stations.","title":"Section 32-18-2 City May Set Up or Designate Testing Stations.","sectionRange":null,"content":"Any city shall have the power to acquire, establish, erect, equip, operate, and maintain motor vehicle testing stations therein, to pay for the same out of the proceeds of the collection of fees charged for testing motor vehicles, and to make rules and regulations for the purpose of carrying out the provisions of any ordinance adopted under the terms of this chapter. Such city may also designate privately operated stations as official inspecting stations on which such city shall by agreement with the owners or operators of such stations impose the power and authority to conduct such inspections in lieu of or in addition to the stations operated by such city and in accordance with the terms of this chapter and any ordinance adopted under its provisions.
","history":"(Acts 1943, No. 542, p. 522, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30995,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30149,"codeId":16488,"versionId":13087,"parentId":16477,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-18-3","shortTitle":"Section 32-18-3","catchLine":"Fees.","title":"Section 32-18-3 Fees.","sectionRange":null,"content":"Such city shall have the power to fix the amount of fees, not exceeding $1.00 per test and not more than $2.00 per annum, for the inspection of any motor vehicle for any and all defects prohibited by law upon and for every restriction and requirement imposed by law with respect to the equipment and maintenance of any such motor vehicle operated upon the streets, alleys, or highways of such city. In addition to inspections required by ordinance, any owner or operator may have his motor vehicle inspected as often as he or she may reasonably desire, between such inspection periods as may be fixed by such city. Such city shall have additional power to set aside all fees so collected by it in a separate fund out of which all costs and expenses in connection with or growing out of the construction, establishment, equipment, operation, and maintenance of such stations by it shall be paid. Any surplus remaining in such fund shall be paid into a fund for traffic regulation and enforcement.
","history":"(Acts 1943, No. 542, p. 522, §3; Acts 1963, No. 550, p. 1169, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30996,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30150,"codeId":16492,"versionId":13090,"parentId":16477,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-18-4","shortTitle":"Section 32-18-4","catchLine":"Use of Streets Dependent Upon Compliance with Ordinance.","title":"Section 32-18-4 Use of Streets Dependent Upon Compliance with Ordinance.","sectionRange":null,"content":"The right to use the streets, alleys, and highways of any city enacting any such ordinance shall be dependent upon compliance with the terms of such ordinance and with the laws of the state relating to motor vehicles and the parking or use thereof on the streets, alleys, or highways of such city.
","history":"(Acts 1943, No. 542, p. 522, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30997,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30151,"codeId":16495,"versionId":13093,"parentId":16477,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-18-5","shortTitle":"Section 32-18-5","catchLine":"Stickers; Control of Tests.","title":"Section 32-18-5 Stickers; Control of Tests.","sectionRange":null,"content":"The Director of Public Safety of Alabama shall approve the shape, size, color, and inscription of a sticker to be placed by any such city so operating or in which are operated motor vehicle testing stations hereunder upon the windshield of any motor vehicle so passing the tests herein provided. No such certificate shall be issued or attached to any motor vehicle until and unless such vehicle shall, upon such inspection, be found to comply with the terms and conditions and requirements imposed by law and the ordinance adopted under this chapter. The director shall also have supervision and control over the type of tests and the facilities therefor in any such motor vehicle testing station, and any such city desiring to establish any such station or to designate any privately owned station shall first procure the approval of such tests and facilities by the Director of Public Safety.
","history":"(Acts 1943, No. 542, p. 522, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30998,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30152,"codeId":16499,"versionId":13097,"parentId":16477,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-18-6","shortTitle":"Section 32-18-6","catchLine":"City May Pay for Testing Stations from Earnings or Out of General Fund.","title":"Section 32-18-6 City May Pay for Testing Stations from Earnings or Out of General Fund.","sectionRange":null,"content":"Any such city shall have additional powers to pay for any such testing station or stations operated by it and for the equipment, maintenance, and operation thereof out of past or future earnings of such station or stations or out of the general fund.
","history":"(Acts 1943, No. 542, p. 522, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":30999,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30153,"codeId":16503,"versionId":13101,"parentId":16477,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-18-7","shortTitle":"Section 32-18-7","catchLine":"Applicable to Residents or Persons Who Maintain Place of Business in City.","title":"Section 32-18-7 Applicable to Residents or Persons Who Maintain Place of Business in City.","sectionRange":null,"content":"Any such city may provide for the inspection of motor vehicles operated upon the streets, alleys, or highways thereof when owned or operated by residents or by persons who maintain a place of business in any such city where so operated.
","history":"(Acts 1943, No. 542, p. 522, §7; Acts 1963, No. 550, p. 1169, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31000,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30154,"codeId":16507,"versionId":13105,"parentId":16477,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-18-8","shortTitle":"Section 32-18-8","catchLine":"Penalty; Seizure of Motor Vehicle.","title":"Section 32-18-8 Penalty; Seizure of Motor Vehicle.","sectionRange":null,"content":"Any such city shall have the power to enforce such ordinance by fine, not exceeding $100.00, or imprisonment, not exceeding six months, or both. Each day’s violation of such ordinance shall constitute a separate offense. Such fine or imprisonment may be imposed upon either the owner or operator of any such motor vehicle. Such city shall have authority also to seize and impound any motor vehicle which has not been inspected in accordance with the terms of such ordinance and to hold the same until inspection is made as provided by such ordinance. Any expense incurred in the seizure and impounding of such motor vehicle, together with any storage fees, shall be a first lien on the same; and the city shall have authority to enforce such lien as provided by law.
","history":"(Acts 1943, No. 542, p. 522, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31001,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30155,"codeId":31098,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"19","shortTitle":"Chapter 19","catchLine":"Electric Personal Assistive Mobility Devices.","title":"Chapter 19 Electric Personal Assistive Mobility Devices.","sectionRange":"§32-19-1 to §32-19-2","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31002,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30156,"codeId":31099,"versionId":25927,"parentId":31098,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-19-1","shortTitle":"Section 32-19-1","catchLine":"Use of Electric Personal Assistive Mobility Device; Operation at Night; Restrictions.","title":"Section 32-19-1 Use of Electric Personal Assistive Mobility Device; Operation at Night; Restrictions.","sectionRange":null,"content":"(a) Nothing in this title or in Alabama law shall be construed to limit the operation of an electric personal assistive mobility device on public highways, sidewalks, and bike ways of this state except that a person operating an electric personal assistive mobility device shall obey all speed limits and shall yield the right-of-way to pedestrians and human powered devices at all times. An operator shall also give an audible signal before overtaking and passing any pedestrian.
(b) An electric personal assistive mobility device shall not require a license plate or be registered by the Department of Revenue.
(c) An electric personal assistive mobility device may be operated at night provided that the operator wears reflectors and a headlight.
(d) Municipalities may prohibit the operation of an electric personal assistive mobility device on public highways where the speed limit is greater than 25 miles per hour, but shall not otherwise restrict the operation of an electric personal assistive mobility device.
","history":"(Act 2003-342, p. 851, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31003,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30157,"codeId":51456,"versionId":44106,"parentId":31098,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-19-2","shortTitle":"Section 32-19-2","catchLine":"Operation of Shared Micromobility Device Systems.","title":"Section 32-19-2 Operation of Shared Micromobility Device Systems.","sectionRange":null,"content":"(a) A shared micromobility device system may not operate or deploy shared micromobility devices on the public highways or bikeways of the state without first obtaining authorization or permission from the applicable county or municipality in which the shared micromobility device system will be operated.
(b) Every person riding a shared micromobility device shall be granted all of the rights and shall be subject to all of the duties applicable to the rider of a bicycle in this title, except as to specific provisions in this section and except as to those specific provisions in this title which by their nature can have no application.
(c) A person may not park a shared micromobility device on a sidewalk in a manner that impedes the normal or reasonable movement of pedestrian or other traffic or in violation of county or municipal parking regulations.
(d) A shared micromobility device is not a motor vehicle and is not subject to the provisions of this title relating to insurance, license plates, registration, operator’s licenses, or certificates of title.
(e) A shared micromobility device shall be labeled with visible language identifying its use in a shared micromobility device system.
(f) The owner or operator of a shared micromobility device system shall procure and keep in full force a commercial liability insurance policy with minimum limits of one million dollars ($1,000,000) per occurrence, insuring against bodily injury, including death, and property damage caused by the negligence or wantonness of the owner or operator of a shared micromobility device system.
(g) Counties and municipalities may regulate the operation of shared micromobility devices. The authorization or permission from the applicable county or municipality may be conditioned on certain requirements, including, but not limited to:
(1) Minimum insurance requirements that may be in addition to the mandatory insurance requirements under subsection (f).
(2) Age requirements of users.
(3) Safety rules and maintenance requirements.
(4) Such other requirements as the county or municipality deems advisable.
","history":"(Act 2019-437, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31004,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30158,"codeId":38323,"versionId":null,"parentId":32,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"20","shortTitle":"Chapter 20","catchLine":"Manufactured Home Certificate of Title Act.","title":"Chapter 20 Manufactured Home Certificate of Title Act.","sectionRange":"§32-20-1 to §32-20-48","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31005,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30159,"codeId":38324,"versionId":null,"parentId":38323,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§32-20-1 to §32-20-11","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31006,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30160,"codeId":38327,"versionId":30958,"parentId":38324,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-1","shortTitle":"Section 32-20-1","catchLine":"Short Title.","title":"Section 32-20-1 Short Title.","sectionRange":null,"content":"This chapter may be cited as the Alabama Manufactured Home Certificate of Title Act.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31007,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30161,"codeId":38328,"versionId":30959,"parentId":38324,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-2","shortTitle":"Section 32-20-2","catchLine":"Definitions.","title":"Section 32-20-2 Definitions.","sectionRange":null,"content":"For purposes of this chapter, the following terms shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) DEALER. A person licensed by the Alabama Manufactured Housing Commission as a manufactured home retailer and engaged regularly in the business of buying, selling, or exchanging manufactured homes in this state, and having an established place of business.
(2) DEPARTMENT. The Department of Revenue of this state.
(3) DESIGNATED AGENT. Each judge of probate, commissioner of licenses, director of revenue, or other county official in this state authorized and required by law to issue motor vehicle license tags, unless otherwise provided by law, who may perform his or her duties under this chapter personally or through his or her deputies, or such other persons located in this state, as the department may designate. The term shall also mean those dealers as herein defined who are appointed by the department as provided in Section 32-20-22 to perform the duties of designated agent for the purposes of this chapter. The dealers may perform their duties under this chapter either personally or through any of their officers or employees.
(4) LIEN. An encumbrance upon a manufactured home as security for payment of a debt.
(5) LIENHOLDER. Any person, firm, copartnership, association, or corporation holding a lien as herein defined on a manufactured home.
(6) MANUFACTURER. Any person regularly engaged in the business of manufacturing, constructing, or assembling manufactured homes, either within or without this state.
(7) MANUFACTURED HOME. A structure defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 and as amended by the Manufactured Housing Improvement Act of 2000, Title VI 42 U.S. Code, Section 603(6). Manufactured home means a structure, transportable in one or more sections, in the traveling mode, is eight body feet or more in width and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, including the plumbing, heating, air conditioning, and electrical systems. It may be used as a place of residence, business, profession, trade, or for any other purpose, by the owner, lessee, or assigns and may consist of one or more units that can be attached or joined together. A manufactured home bears a HUD Seal affixed to the rear of the home.
(8) MANUFACTURED HOME IDENTIFICATION NUMBER. The numbers and letters on a manufactured home designated by the manufacturer or assigned by the department for the purpose of identifying the manufactured home.
(9) MODULAR HOME. A factory built home consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears an insignia that indicates compliance with the codes and requirements established by the Alabama Manufactured Housing Commission which are in accordance with the International Residential Building Code.
(10) NEW MANUFACTURED HOME. A manufactured home that has never been the subject of a first sale for use and includes a manufactured home delivered to a customer that was subsequently returned to the dealer without a certificate of title being issued on the manufactured home.
(11) OWNER. A person, other than a lienholder, having the property in or title to a manufactured home. The term includes a person entitled to the use and possession of a manufactured home subject to a security interest in another person, but excludes a lessee under a lease not intended as security. Under any lease-purchase or installment sales agreement where a governmental agency, either city, county, or state, is the lessee or purchaser with a security interest or right to purchase, the lessee or purchaser shall be the owner for purposes of this chapter.
(12) PERMANENTLY AFFIXED. A manufactured home installed in accordance with the manufacturer’s specifications as required by state law on the owner’s land and taxed as real property.
(13) PERSON. The term shall include every natural person, firm, copartnership, association, or corporation.
(14) RESIDENT ADDRESS. The address in Alabama where the manufactured home is physically located.
(15) SECURITY AGREEMENT. A written agreement that reserves or creates a security interest.
(16) SECURITY INTEREST. An interest in a manufactured home reserved or created by agreement and which secures payment or performance of an obligation.
(17) STATE. A state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada.
(18) USED MANUFACTURED HOME. A manufactured home that has been the subject of a first sale for use, whether within this state or elsewhere.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31008,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30162,"codeId":38329,"versionId":45799,"parentId":38324,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-3","shortTitle":"Section 32-20-3","catchLine":"Powers and Duties of Department.","title":"Section 32-20-3 Powers and Duties of Department.","sectionRange":null,"content":"(a) The department shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out this chapter.
(b) The department may do any of the following:
(1) Make necessary investigations to procure information required to carry out this chapter.
(2) Adopt and enforce reasonable rules to carry out this chapter, including rules that allow alternative methods of proof of satisfaction of liens.
(3) Assign a new identification number to a manufactured home if it has none, or its identification number is destroyed or obliterated, and shall issue a new certificate of title showing the new identification number.
(4) Revoke the authority of a dealer or other person appointed by the department to act as a designated agent under this chapter when the department finds that the dealer or other person has failed to faithfully perform his or her duties under this chapter or has been convicted of violating any felony provisions of this chapter or of Title 40.
(c) The department, in accordance with applicable privacy and confidentially statutes, rules, and regulations, may make available information concerning the status of a title on any manufactured home as reflected by the records in a manner prescribed by the department. The information supplied by the department shall be considered official only if in writing. The department shall charge the fees set forth in Section 32-20-4; provided, that no fee shall be charged to Alabama law enforcement agencies or law enforcement agencies of any other state when the state furnishes like or similar information without charge to the department or to Alabama law enforcement agencies.
(d) Whenever this chapter provides that a written certificate or other document is to be filed with the department, the commissioner may establish procedures for and accept in lieu of the paper document a filing made by electronic means and may waive notarization requirements as otherwise required by this chapter. The department may also establish procedures for the electronic transfer of title and the recording and release of security interests. A filing or transfer by electronic means shall be accepted only if the content of the filing satisfies all of the requirements of this chapter.
(e) The Department of Revenue may adopt rules for the implementation and administration of Act 2021-171.
","history":"(Act 2009-746, p. 2236, §4; Act 2021-171, §§2, 3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31009,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30163,"codeId":38330,"versionId":43444,"parentId":38324,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-4","shortTitle":"Section 32-20-4","catchLine":"Transaction Fees.","title":"Section 32-20-4 Transaction Fees.","sectionRange":null,"content":"(a) There shall be paid to the department for issuing and processing documents required by this chapter a fee of fifteen dollars ($15) for each unit of a manufactured home required to be titled under Section 32-20-20 for the following transactions:
(1) Each application for certificate of title.
(2) Each application for replacement or corrected certificate of title.
(3) Each application for certificate of title after transfer.
(4) Each notice of security interest.
(5) Each assignment by lienholder.
(6) Each application for cancellation of a certificate of origin or certificate of title.
(7) Each application for information as to the status of the title of a manufactured home. Such information shall be treated in the same manner as prescribed by state and federal statutes, rules, and regulations regarding the confidentiality and disclosure of motor vehicle records.
(b) The designated agents shall add the sum of one dollar fifty cents ($1.50) for each transaction, as specified in subsection (a), processed for which this fee is charged to be retained as the agent’s commission for services rendered, and all other fees collected shall be remitted to the department in a manner prescribed by the department.
(c) If more than one transaction is involved in any application on a single manufactured home and if supported by all required documents, the fee charged by the department and by the designated agent for processing and issuing shall be considered as only one transaction for which the designated agent shall receive and retain one dollar fifty cents ($1.50) and shall collect and remit to the department fifteen dollars ($15).
(d) A fee of five dollars ($5) shall be added for each transaction, as specified in subdivisions (1), (3), and (6) of subsection (a), for each unit of a manufactured home required to be titled under Section 32-20-20, to be distributed to the nonprofit 501(c)(3) foundation known as the Alabama Housing Foundation.
(e) Every transaction shall be accompanied by the fee specified in this chapter, regardless of whether the title is issued electronically or not, unless specifically exempted by this chapter.
","history":"(Act 2009-746, p. 2236, §4; Act 2019-239, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31010,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30164,"codeId":38331,"versionId":45800,"parentId":38324,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-5","shortTitle":"Section 32-20-5","catchLine":"Commission Fee; Collection of Commissions.","title":"Section 32-20-5 Commission Fee; Collection of Commissions.","sectionRange":null,"content":"(a) The judge of probate or other county official who is authorized and required by law to process applications for certificates of title by this chapter may collect and retain a one dollar and fifty cent ($1.50) commission fee for each application processed in addition to the one dollar and fifty cent ($1.50) designated agent commission fee to further defray the cost of processing and mailing of title application and supporting documents.
(b) When an application is not processed through a designated agent, the department may collect and retain a commission for each application processed by the department to defray the cost associated with processing and supporting electronic title applications and payments. The commission amount shall be the same as the commissions provided for designated agents and, in addition to all other appropriations, shall be continuously appropriated to the department.
","history":"(Act 2009-746, p. 2236, §4; Act 2021-171, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31011,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30165,"codeId":38332,"versionId":30960,"parentId":38324,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-6","shortTitle":"Section 32-20-6","catchLine":"Inspections; Search Warrants.","title":"Section 32-20-6 Inspections; Search Warrants.","sectionRange":null,"content":"(a) Any sheriff, deputy sheriff, policeman of an incorporated municipality, or duly authorized representative of the Department of Public Safety or Department of Revenue of this state may enter into the premises of any manufactured home dealer licensed therefore by the State of Alabama or any political subdivision thereof and inspect the identification numbers of all manufactured homes or parts thereof contained on the premises, at any time of the day or night in order to enforce the provisions of this chapter.
(b) Any sheriff, deputy sheriff, policeman of an incorporated municipality, or duly authorized commissioned law enforcement officer of the Department of Public Safety or the Department of Revenue of this state shall have the power to serve and execute any and all search warrants obtained in accordance with law for the purposes of the provisions of this chapter.
(c) Interference by any person with proper inspection by lawful officers as authorized by this section is a misdemeanor.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31012,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30166,"codeId":38333,"versionId":30961,"parentId":38324,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-7","shortTitle":"Section 32-20-7","catchLine":"Forms, Rules, and Regulations to Be Supplied.","title":"Section 32-20-7 Forms, Rules, and Regulations to Be Supplied.","sectionRange":null,"content":"The department shall provide each designated agent with a supply of forms, rules, and regulations provided for in this chapter. Such forms, rules, and regulations at the discretion of the department shall be provided in an electronic format.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31013,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30167,"codeId":38334,"versionId":30962,"parentId":38324,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-8","shortTitle":"Section 32-20-8","catchLine":"Enforcement.","title":"Section 32-20-8 Enforcement.","sectionRange":null,"content":"The department is charged with the enforcement of the provisions of this chapter and may call upon any and all law enforcement agencies and officers of this state for such assistance as it deems necessary in order to assure such enforcement and it shall be the duty of such law enforcement agencies and officers to render such assistance to the department when called upon by it to do so.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31014,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30168,"codeId":38335,"versionId":30963,"parentId":38324,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-9","shortTitle":"Section 32-20-9","catchLine":"Violations - Aiding, Abetting, Etc.","title":"Section 32-20-9 Violations - Aiding, Abetting, Etc.","sectionRange":null,"content":"A person who, whether present or absent, aids, abets, induces, procures, or causes the commission of an act which if done directly by him or her, would be a felony or a misdemeanor under a provision of this chapter, is guilty of the same felony or misdemeanor.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31015,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30169,"codeId":38336,"versionId":30964,"parentId":38324,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-10","shortTitle":"Section 32-20-10","catchLine":"Violations - Alterations, Forgeries, Etc.","title":"Section 32-20-10 Violations - Alterations, Forgeries, Etc.","sectionRange":null,"content":"A person is guilty of a Class C felony who, with fraudulent intent does any of the following:
(1) Alters, forges, or counterfeits a certificate of title.
(2) Alters or forges an assignment of a certificate of title, or an assignment or release of a security interest, on a certificate of title or a form the department prescribes.
(3) Has possession of or uses a certificate of title, knowing it has been altered, forged, or counterfeited.
(4) Uses a false or fictitious name or address, or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact, in an application for a certificate of title.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31016,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30170,"codeId":38337,"versionId":30965,"parentId":38324,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-11","shortTitle":"Section 32-20-11","catchLine":"Violations - Certificate and Application.","title":"Section 32-20-11 Violations - Certificate and Application.","sectionRange":null,"content":"A person is guilty of a Class B misdemeanor who does any of the following:
(1) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title.
(2) Willfully fails to mail or deliver a certificate of title or application therefore to the department within 10 days after the time required by this chapter.
(3) Willfully fails to deliver to his or her transferee a certificate of title within 10 days after the time required by this chapter.
(4) Knowingly and willfully commits a fraud in any application or a title.
(5) Willfully violates any other provision of this chapter, except as otherwise provided in this chapter.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31017,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30171,"codeId":38325,"versionId":null,"parentId":38323,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Certificate of Title.","title":"Article 2 Certificate of Title.","sectionRange":"§32-20-20 to §32-20-34","content":null,"history":null,"numChildren":15,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31018,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30172,"codeId":38338,"versionId":43445,"parentId":38325,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-20","shortTitle":"Section 32-20-20","catchLine":"Application; Manufactured Home Permanently Affixed; Detachment; Records.","title":"Section 32-20-20 Application; Manufactured Home Permanently Affixed; Detachment; Records.","sectionRange":null,"content":"(a) Except as provided in Section 32-20-21 or subsection (b), every owner of a manufactured home which is in this state and for which no certificate of title has been issued by the department, shall make application to a designated agent as herein defined for a certificate of title to the manufactured home, or to each unit thereof if the manufactured home consists of more than one unit.
(b) If a manufactured home subject to titling under this section is permanently affixed to a parcel of real property and the ownership of the manufactured home and real property is identical, the original retail purchaser or lienholder for the original retail purchaser as recorded on the certificate of origin or the titled owner or owners lienholder recorded on the certificate of title may apply for a cancellation of a certificate of origin or certificate of title through a designated agent and obtain from the Alabama Department of Revenue a certificate of cancellation of the certificate of origin or cancellation of the certificate of title to the manufactured home by delivering to the department all of the following:
(1) The certificate of origin or certificate of title to the manufactured home, or each separate certificate of origin or certificate of title if the manufactured home consists of more than one unit or, in lieu thereof, post a bond in accordance with subdivision (2) of Section 32-20-24.
(2) The lien release from the lienholder as recorded on the certificate of title or, in lieu thereof, post a bond in accordance with subdivision (2) of Section 32-20-24.
(3) An affidavit executed by all who have an ownership interest in the manufactured home and the realty to which the manufactured home has become permanently affixed to the effect that the manufactured home is permanently affixed to the realty described in the deed and containing written verification from the judge of probate that the manufactured home has been recorded as being permanently affixed and recorded as real property in that county.
(c) If a manufactured home for which the certificate of origin or certificate of title has been cancelled as provided in this section or previously cancelled under Section 32-8-30, is subsequently detached from the realty to which it became permanently affixed, the current owner or owners must reapply for a new certificate of title, post a bond in accordance with the provisions of subdivision (2) of Section 32-20-24, and pay the required fee specified in Section 32-20-4, for the manufactured home, or if in more than one section, for each component unit.
(d) Any dealer, acting for himself, herself, or another, who sells, trades, or otherwise transfers any manufactured home required to be titled under this chapter who does not comply with the provisions of this chapter shall be guilty of a Class B misdemeanor and upon conviction shall be fined in a sum not exceeding five hundred dollars ($500).
(e) The department shall maintain a record of all certificates of title and certificates of origin that are cancelled pursuant to this section:
(1) Under a distinctive title number if a certificate of title was issued and subsequently cancelled.
(2) Under the manufactured home identification number.
(3) Under the name of the owner on whose behalf the certificate of title or certificate of origin is cancelled.
(4) In the discretion of the department, by any other method the department determines.
","history":"(Act 2009-746, p. 2236, §4; Act 2019-239, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31019,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30174,"codeId":38340,"versionId":30966,"parentId":38325,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-22","shortTitle":"Section 32-20-22","catchLine":"Designated Agents of Department.","title":"Section 32-20-22 Designated Agents of Department.","sectionRange":null,"content":"(a) Each judge of probate, commissioner of licenses, director of revenue, or other county official in this state authorized and required by law to issue motor vehicle license tags, unless otherwise provided by law, shall by virtue of his or her office be a designated agent of the department. Judges of probate, commissioners of licenses, directors of revenue, or other county officials may perform their duties under this chapter either personally or through any of their deputies.
(b) Every dealer, as defined in this chapter, shall qualify as a designated agent of the department. The dealers may perform their duties under this chapter either personally or through any of their officers or employees; provided, that the dealers or persons shall enter into a bond with a corporate surety authorized to do business in this state as surety thereon, payable to the State of Alabama in a sum as provided in subsection (b) of Section 32-8-34, conditioned on the faithful performance of their duties under this chapter.
(c) The department may appoint other persons as its designated agents under this chapter. An appointee shall enter into a bond as provided in subsection (b) of Section 32-8-34, conditioned on the faithful performance of his or her duties under this chapter. Full-time bonded employees of the Department of Revenue may serve as designated agents without additional bond.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31021,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30175,"codeId":38341,"versionId":45801,"parentId":38325,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-23","shortTitle":"Section 32-20-23","catchLine":"Application Requirements.","title":"Section 32-20-23 Application Requirements.","sectionRange":null,"content":"(a) The application for the certificate of title of a manufactured home in this state shall be made by the owner to a designated agent, on the form the department prescribes, and shall contain all of the following:
(1) The name, current residence, and mailing address of the owner.
(2) A description of the manufactured home including the following data: Year, make, model, manufactured home identification number, and whether new or used.
(3) The date of purchase by the applicant, the name and address of the person from whom the manufactured home was acquired, and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements.
(4) Other information that the department may require.
(b) If the application is for a manufactured home purchased from a dealer, the application shall contain the name and address of any lienholder holding a security interest created or reserved at the time of the sale and the date of the security agreement and shall be signed by the designated agent and the owner. The designated agent shall promptly mail or deliver the application to the department.
(c) If the application is for a new manufactured home, it shall be accompanied by the certified manufacturer’s statement of origin showing proper assignments to the applicant. The manufacturer, upon the shipment of a manufactured home into this state, shall promptly furnish the dealer with a certified statement of origin.
(d) If the application is for a used manufactured home last titled in this state, it shall be accompanied by the outstanding Alabama certificate of title issued under this chapter or under Chapter 8.
(e) Each application shall contain or be accompanied by the certificate of a designated agent that the manufactured home identification number and descriptive data shown on the application, pursuant to the requirements of subdivision (a)(2), are correct, and that the agent identified the person signing the application and verified the signature.
(f) If the application refers to a manufactured home last previously titled in another state or country, the application shall contain or be accompanied by the following:
(1) Any certificate of title issued by the other state or country.
(2) Any other information and documents as the department may reasonably require to establish the ownership of the manufactured home and the existence or nonexistence of security interest in it.
(3) The certificate of a designated agent stating that the manufactured home identification number and descriptive data shown on the application pursuant to subdivision (a)(2) are correct, and any other proof of the identity of the manufactured home as the department may reasonably require.
(g) Every designated agent, within 20 calendar days after an application is received by him or her, shall forward to the department, in a manner as prescribed by the department, the fee as provided in Section 32-20-4, and the application, along with any other evidence of title as may have been delivered to the designated agent by the applicant.
","history":"(Act 2009-746, p. 2236, §4; Act 2021-171, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31022,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30176,"codeId":38342,"versionId":30967,"parentId":38325,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-24","shortTitle":"Section 32-20-24","catchLine":"Acceptance of Application Where Ownership of Manufactured Home in Question.","title":"Section 32-20-24 Acceptance of Application Where Ownership of Manufactured Home in Question.","sectionRange":null,"content":"If the department is not satisfied as to the ownership of the manufactured home or that there are no undisclosed security interests in it, the department may accept the application but shall do either of the following:
(1) Withhold issuance of a certificate of title until the applicant presents documents reasonably sufficient to satisfy the department as to the applicant’s ownership of the manufactured home and that there are no undisclosed security interests on it.
(2) As a condition of issuing a certificate of title or certificate of cancellation, require the applicant to file with the department a bond in a form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to fifty thousand dollars ($50,000) for manufactured homes less than 10 model years old and twenty-five thousand dollars ($25,000) for all manufactured homes 10 years old or older and shall be conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the manufactured home or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss, or damage, including reasonable attorney’s fees, by reason of the issuance of the certificate of title or certificate of cancellation for the manufactured home or on account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the manufactured home. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposits accompanying it, shall be returned at the end of three years or prior thereto if the manufactured home is no longer in this state and the currently valid Alabama certificate of title is surrendered to another state, unless the department has been notified of the pendency of an action to recover on the bond.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31023,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30177,"codeId":38343,"versionId":30968,"parentId":38325,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-25","shortTitle":"Section 32-20-25","catchLine":"Issuance of Certificate.","title":"Section 32-20-25 Issuance of Certificate.","sectionRange":null,"content":"(a) The department shall examine each application received and, when satisfied that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title to the manufactured home on the form prescribed by the department.
(b) The department shall maintain a record of all certificates of title issued pursuant to the provisions of this chapter:
(1) Under a distinctive title number assigned to the manufactured home.
(2) Under the manufactured home identification number.
(3) Under the name of the owner.
(4) In the discretion of the department, by any other method the department determines.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31024,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30178,"codeId":38344,"versionId":30969,"parentId":38325,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-26","shortTitle":"Section 32-20-26","catchLine":"Certificate Contents.","title":"Section 32-20-26 Certificate Contents.","sectionRange":null,"content":"(a) Each certificate of title issued by the department shall contain all of the following:
(1) The date issued.
(2) The name and current address of the owner.
(3) The names and addresses of any lienholders in the order of priority as shown on the application, or if the application is based on a certificate of title, as shown on the certificate.
(4) The title number.
(5) A description of the manufactured home including the following data: Year, make, model, manufactured home identification number, and whether new or used.
(6) Any other data the department prescribes.
(b) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment warranty of title by a dealer, and may contain forms for applications for a certificate of title by a transferee, the naming of a lienholder and the assignment or release of the security interest by a lienholder.
(c) A certificate of title issued by the department is prima facie evidence of the facts appearing on it.
(d) A certificate of title to a manufactured home is not subject to garnishment, attachment, execution, or other judicial process, but this subsection does not prevent a lawful levy upon the manufactured home.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31025,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30179,"codeId":38345,"versionId":30970,"parentId":38325,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-27","shortTitle":"Section 32-20-27","catchLine":"Mailing of Certificate; Electronic Issuance.","title":"Section 32-20-27 Mailing of Certificate; Electronic Issuance.","sectionRange":null,"content":"The certificate of title shall be mailed to the first lienholder named in it or, if none, to the owner. The department may promulgate rules to issue such certificate of title electronically in lieu of issuing the certificate of title by mail.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31026,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30180,"codeId":38346,"versionId":30971,"parentId":38325,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-28","shortTitle":"Section 32-20-28","catchLine":"Grounds for Refusal.","title":"Section 32-20-28 Grounds for Refusal.","sectionRange":null,"content":"The department shall refuse issuance of certificate of title if any required fee is not paid or if the department has reasonable grounds to believe that one of the following exists:
(1) The applicant is not the owner of the manufactured home.
(2) The application contains a false or fraudulent statement.
(3) The applicant fails to furnish required information or documents or any additional information the department reasonably requires.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31027,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30181,"codeId":38347,"versionId":45802,"parentId":38325,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-29","shortTitle":"Section 32-20-29","catchLine":"Replacement Certificate.","title":"Section 32-20-29 Replacement Certificate.","sectionRange":null,"content":"(a) If a certificate of title issued under this chapter or previously issued under Chapter 8 is lost, stolen, mutilated, or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department and payment of the applicable transaction fee and commissions as required by this chapter. The replacement certificate of title shall contain the legend, “This is a replacement certificate and may be subject to the rights of a person under the original certificate.” It shall be mailed to the first lienholder named in it, or, if none, to the owner.
(b) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the department.
","history":"(Act 2009-746, p. 2236, §4.; Act 2021-171, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31028,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30182,"codeId":38348,"versionId":30972,"parentId":38325,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-30","shortTitle":"Section 32-20-30","catchLine":"Transfer of Interest by Owner.","title":"Section 32-20-30 Transfer of Interest by Owner.","sectionRange":null,"content":"(a) If an owner transfers his or her interest in a manufactured home, other than by the creation of a security interest, he or she shall, at the time of the sale of the manufactured home, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate or as the department prescribes, and cause the certificate and assignment to be mailed or delivered to the transferee or to the department.
(b) Except as provided in this section, the transferee promptly, after delivery to him or her of the manufactured home, shall execute the application for a new certificate of title in the space provided therefor on the certificate or as the department prescribes, and cause the certificate and application to be mailed or delivered to a designated agent.
(c) Upon request of the owner or transferee, a lienholder in possession of the certificate of title, unless the transfer was in breach of his or her security agreement, shall deliver the certificate to the transferee. Upon receipt of the certificate, the transferee shall make application to a designated agent for a new certificate. The delivery of the certificate does not affect the rights of the lienholder under his or her security agreement.
(d) If a security interest is reserved or created at the time of the transfer, the certificate of title shall be retained by or delivered to the person who becomes the lienholder and the parties shall comply with Section 32-20-32.
(e) Except as provided in Section 32-20-32, and as between the parties, a transfer by an owner is not effective until the provisions of this section have been complied with.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31029,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30183,"codeId":38349,"versionId":30973,"parentId":38325,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-31","shortTitle":"Section 32-20-31","catchLine":"Transfer of Interest by Dealer.","title":"Section 32-20-31 Transfer of Interest by Dealer.","sectionRange":null,"content":"(a) If a dealer buys a manufactured home and holds it for resale and procures the certificate of title from the owner or the lienholder he or she need not send the certificate to the department but, upon transferring the manufactured home to another person other than by the creation of a security interest, shall promptly execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of his or her security agreement, in the spaces provided therefor on the certificate or as the department prescribes, and mail or deliver the certificate to a designated agent with the transferee’s application for a new certificate.
(b) Every dealer shall maintain for five years a record in the form the department prescribes of every manufactured home bought, sold, or exchanged by him or her or received by him or her for sale or exchange, which shall be open to inspection by representatives of the department and law-enforcement officers during reasonable business hours.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31030,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30184,"codeId":38350,"versionId":30974,"parentId":38325,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-32","shortTitle":"Section 32-20-32","catchLine":"Involuntary Transfer of Interest.","title":"Section 32-20-32 Involuntary Transfer of Interest.","sectionRange":null,"content":"(a) If the interest of an owner in a manufactured home passes to another other than by voluntary transfer, the transferee, except as hereinafter provided in subsection (b), shall promptly mail or deliver to a designated agent the last certificate of title, if available, and proof of the transfer, together with his or her application for a new certificate in the form the department prescribes. If the interest of an owner in a manufactured home passes to another other than by voluntary transfer, and the manufactured home is permanently affixed to the real property and the owner of the manufactured home and the real property are the same then the transferee, except as hereinafter provided in subsection (b), shall promptly mail or deliver to a designated agent the last certificate of title, if available, and proof of the transfer, together with his or her application for a certificate of cancellation in the form the department prescribes.
(b) If the interest of the owner is terminated or the manufactured home is sold under a security agreement by a lienholder named in the certificate of title, the transferee shall promptly make application to a designated agent for a new certificate of title in the form the department prescribes. The application shall be accompanied by the last certificate of title and an affidavit made by or on behalf of the lienholder that the manufactured home was repossessed and that the interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement.
If the lienholder succeeds to the interest of the owner and holds the manufactured home for resale, he or she need not secure a new certificate of title but, upon transfer to another person, shall promptly mail or deliver to the transferee the certificate, affidavit, and other documents required by the department. The transferee shall promptly make application to a designated agent for a new certificate in the form prescribed by the department.
(c) Notwithstanding anything to the contrary contained in this section, a person holding a certificate of title whose interest in the manufactured home has been extinguished or transferred other than by voluntary transfer shall forthwith mail or deliver the certificate to the department upon request of the department; and the delivery of the certificate pursuant to the request of the department does not affect the rights of the person surrendering the certificate; and the action of the department in issuing a new certificate of title as provided herein is not conclusive upon the rights of an owner or lienholder named in the old certificate.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31031,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30185,"codeId":38351,"versionId":30975,"parentId":38325,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-33","shortTitle":"Section 32-20-33","catchLine":"Issuance of New Certificate Upon Assignment.","title":"Section 32-20-33 Issuance of New Certificate Upon Assignment.","sectionRange":null,"content":"(a) The department, upon receipt of a properly assigned certificate of title, with an application for a new certificate title, the required fee, and any other documents required by the department, shall issue a new certificate of title in the name of the transferee as owner and mail it to the first lienholder named in it or, if none, to the owner.
(b) The department, upon receipt of an application for a new certificate of title by a transferee other than by voluntarily transfer, with proof of the transfer, the required fee, and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to the department, the department shall make demand therefor from the holder thereof.
(c) The department shall file every surrendered certificate of title, or an electronically reproduced copy of every such certificate, for a period of time deemed necessary by it in order to permit the tracing of title of the manufactured home designated therein.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31032,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30186,"codeId":38352,"versionId":30976,"parentId":38325,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-34","shortTitle":"Section 32-20-34","catchLine":"Suspension or Revocation of Certificate.","title":"Section 32-20-34 Suspension or Revocation of Certificate.","sectionRange":null,"content":"(a) The department shall suspend or revoke a certificate of title, subject to the appeal provisions of Chapter 2A of Title 40, when authorized by any other provision of law or if it finds either of the following:
(1) The certificate of title was fraudulently procured or erroneously issued.
(2) The manufactured home has been scrapped, dismantled, or destroyed.
(b) Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
(c) When the department suspends or revokes a certificate of title, the owner or person in possession of it, immediately upon receiving notice of the suspension or revocation, shall mail or deliver the certificate to the department.
(d) Should any person fail to comply with the provisions of subsection (c) the department shall seize and impound the certificate of title which has been revoked. It shall also be the duty of any peace officer, on notification to him or her by the department of the failure of a person to mail or deliver a revoked certificate of title to the department, to seize and mail or deliver to the department the revoked certificate of title.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31033,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30187,"codeId":38326,"versionId":null,"parentId":38323,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Security Interests.","title":"Article 3 Security Interests.","sectionRange":"§32-20-40 to §32-20-48","content":null,"history":null,"numChildren":9,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31034,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30188,"codeId":38353,"versionId":30977,"parentId":38326,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-40","shortTitle":"Section 32-20-40","catchLine":"Applicability of Chapter.","title":"Section 32-20-40 Applicability of Chapter.","sectionRange":null,"content":"This chapter does not apply to or affect any of the following:
(1) A lien given by statute or rule of law to a supplier of services or materials for the manufactured home.
(2) A lien given by statute to the United States, this state, or any political subdivision of this state.
(3) A security interest in a manufactured home created by a manufacturer or dealer who holds the manufactured home for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes free of the security interest.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31035,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30189,"codeId":38354,"versionId":30978,"parentId":38326,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-41","shortTitle":"Section 32-20-41","catchLine":"Perfection of Security Interest.","title":"Section 32-20-41 Perfection of Security Interest.","sectionRange":null,"content":"(a) Unless excepted by this section, a security interest in a manufactured home for which a certificate of title is required by the terms of this chapter is not valid against creditors of the owner or subsequent transferees or lienholders of the manufactured home unless perfected as provided in this article or previously perfected under the terms of Chapter 8 of this title.
(b) A security interest is perfected by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the lienholder and the date of his or her security agreement and the required fee. It is perfected as of the time of its creation if the delivery is completed within 30 days thereafter, otherwise, as of the time of the delivery.
","history":"(Act 2009-746, p. 2236, §4; Act 2017-442, §2 (b)(4).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31036,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30190,"codeId":38355,"versionId":30979,"parentId":38326,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-42","shortTitle":"Section 32-20-42","catchLine":"Requirements Upon Creation of Security Interest.","title":"Section 32-20-42 Requirements Upon Creation of Security Interest.","sectionRange":null,"content":"If an owner creates a security interest in a manufactured home:
(1) The owner shall immediately execute the application in the space provided therefor on the certificate of title, or on a separate form the department prescribes to name the lienholder on the certificate showing the name and address of the lienholder and the date of his or her security agreement, and cause the certificate, application, and the required fee to be delivered to the lienholder.
(2) The lienholder shall immediately cause the certificate, application, and required fee to be mailed or delivered to the department.
(3) Upon request of the owner or subordinate lienholder, a lienholder in possession of the certificate of title shall either mail or deliver the certificate to the subordinate lienholder for delivery to the department, or, upon receipt from the subordinate lienholder of the owner’s application and the required fee, mail or deliver them to the department with the certificate. The delivery of the certificate does not affect the rights of the first lienholder under his or her security agreement.
(4) Upon receipt of the certificate of title, application, and the required fee, the department shall either endorse on the certificate or issue a new certificate containing the name and address of the new lienholder, and mail the certificate to the first lienholder named in it.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31037,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30191,"codeId":38356,"versionId":30980,"parentId":38326,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-43","shortTitle":"Section 32-20-43","catchLine":"Assignment.","title":"Section 32-20-43 Assignment.","sectionRange":null,"content":"(a) A lienholder may assign, absolutely or otherwise, his or her security interest in the manufactured home to a person other than the owner without affecting the interest of the owner or the validity of such security interest, but any person without notice of the assignment is protected in dealing with the lienholder of the security interest and the lienholder as the holder of the security interest and the lienholder remains liable for any obligations as lienholder until the assignee is named as lienholder on the certificate in the manner prescribed by the department.
(b) The department shall file each assignment received by the department with the required fee, and note the assignee as lienholder upon the record of notices of security interests maintained by the department.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31038,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30192,"codeId":38357,"versionId":30981,"parentId":38326,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-44","shortTitle":"Section 32-20-44","catchLine":"Satisfaction.","title":"Section 32-20-44 Satisfaction.","sectionRange":null,"content":"(a) Upon the satisfaction of a security interest in a manufactured home for which the certificate of title is in the possession of the lienholder, he or she, within 10 days after demand, shall execute a release of his or her security interest, in the space provided therefor on the certificate or as the department prescribes, and mail or deliver the certificate and release to the next lienholder named therein, or, if none, to the owner or any person who delivers to the lienholder an authorization from the owner to receive the certificate. The owner, other than a dealer holding the manufactured home for resale, shall promptly cause the certificate and release to be mailed or delivered to the department, which shall release the lienholder’s rights on the certificate or issue a new certificate.
(b) Upon the satisfaction of a security interest in a manufactured home for which the certificate of title is in the possession of a prior lienholder, the lienholder whose security interest is satisfied, within 10 days after demand, shall execute a release in the form the department prescribes and deliver the release to the owner or any person who delivers to the lienholder an authorization from the owner to receive it. The lienholder in possession of the certificate of title shall either deliver the certificate to the owner, or the person authorized by him or her, for delivery to the department, or, upon receipt of the release, mail or deliver it with the certificate to the department which shall release the subordinate lienholder’s rights on the certificate or issue a new certificate.
(c) Upon receipt of the releases of security interests mentioned in subsections (a) and (b), the department shall file each release in the manner prescribed by the department and note the same upon the records of notices of security interests maintained by it.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31039,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30193,"codeId":38358,"versionId":30982,"parentId":38326,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-45","shortTitle":"Section 32-20-45","catchLine":"Disclosure of Information.","title":"Section 32-20-45 Disclosure of Information.","sectionRange":null,"content":"A lienholder named in a certificate of title upon written request of the owner or of another lienholder named on the certificate, shall disclose any pertinent information as to his or her security agreement and the indebtedness secured by it.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31040,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30194,"codeId":38359,"versionId":30983,"parentId":38326,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-46","shortTitle":"Section 32-20-46","catchLine":"Construction with Other Laws.","title":"Section 32-20-46 Construction with Other Laws.","sectionRange":null,"content":"(a) The method provided in this article of perfecting and giving notice of security interest in manufactured homes required to be titled under the terms of this chapter or titled under the terms hereof, shall be exclusive.
(b) Security interests in manufactured homes required to be titled or which are titled under this chapter, are hereby exempted from the provisions of law which otherwise require the filing or recording of financing statements or of other instruments creating or evidencing security interests.
(c) Security interests in manufactured homes not required to be titled under this chapter or not titled under the terms hereof, which are perfected under any other applicable laws of this state shall not be affected by this chapter but shall continue in all respects to be governed by such other laws of this state.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31041,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30195,"codeId":38360,"versionId":30984,"parentId":38326,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-47","shortTitle":"Section 32-20-47","catchLine":"Electronic Transmissions.","title":"Section 32-20-47 Electronic Transmissions.","sectionRange":null,"content":"Notwithstanding any requirement in this chapter that a lien on a manufactured home shall be noted on the face of the certificate of title, if there are one or more liens or encumbrances on the manufactured home, the department may electronically transmit the lien to the first lienholder and notify the first lienholder of any additional liens. Subsequent lien satisfactions may be electronically transmitted to the department and shall include the name and address of the person satisfying the lien. If liens and lien releases are processed electronically and the last lien is satisfied, a title will be issued to the owner of the manufactured home in a manner as prescribed by the department. A duly certified copy of the department’s electronic record of the lien shall be admissible in any civil, criminal, or administrative proceeding in this state as evidence of the existence of the lien.
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31042,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30196,"codeId":38361,"versionId":30985,"parentId":38326,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"32-20-48","shortTitle":"Section 32-20-48","catchLine":"Filing of Notice; Maintenance of Records.","title":"Section 32-20-48 Filing of Notice; Maintenance of Records.","sectionRange":null,"content":"(a) The department shall file each notice of security interest received by the department with the required fee and maintain a record of all notices of security interests filed by the department as follows:
(1) Alphabetically, under the name of the owner.
(2) Under the manufactured home identification number.
(3) Under the certificate of title number.
(4) In the discretion of the department, by any other method it determines.
(b) The department, before issuing or reissuing a certificate of title, shall check the name of the owner and the certificate of title number of the manufactured home against the record provided for in subsection (a).
","history":"(Act 2009-746, p. 2236, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31043,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30197,"codeId":33,"versionId":null,"parentId":null,"effectiveDate":null,"supersessionDate":null,"type":"Title","displayId":"33","shortTitle":"Title 33","catchLine":"Navigation and Watercourses.","title":"Title 33 Navigation and Watercourses.","sectionRange":null,"content":null,"history":null,"numChildren":23,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31044,"hierarchyLevel":0,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30198,"codeId":232,"versionId":null,"parentId":33,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"1","shortTitle":"Chapter 1","catchLine":"General Provisions Relative to Harbors and Ports and State Port Authority.","title":"Chapter 1 General Provisions Relative to Harbors and Ports and State Port Authority.","sectionRange":"§33-1-1 to §33-1-42","content":null,"history":null,"numChildren":46,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31045,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30199,"codeId":233,"versionId":146,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-1","shortTitle":"Section 33-1-1","catchLine":"State May Engage in Promoting, Constructing, Operating, Etc., Harbors and Ports; Expenditure of Funds to Entertain Customers, Etc., Authorized; Audit and Accounting of Certain Expenditures.","title":"Section 33-1-1 State May Engage in Promoting, Constructing, Operating, Etc., Harbors and Ports; Expenditure of Funds to Entertain Customers, Etc., Authorized; Audit and Accounting of Certain Expenditures.","sectionRange":null,"content":"The State of Alabama may engage in, through the agency of the Alabama State Port Authority provided and designated by law, works of internal improvement, and of promoting, developing, constructing, maintaining and operating all harbors, seaports or riverports within the state or its jurisdiction, including the acquisition or construction, maintaining and operating at seaports and riverports of harbor watercraft and terminal railroads, as well as all other kinds of terminal facilities. Such work or improvement and facilities shall be under the management and control of the state through the governing agency provided and designated by law.
The Alabama State Port Authority in further promoting harbors, seaports and riverports within the state, through its director, and such employees as may be designated in writing by the director, shall be authorized to expend funds of the department to entertain customers or prospective customers, industrial prospects or in promoting public relations in such manner as the director deems appropriate; provided, that all funds expended under this section and Sections 33-1-11 and 33-1-12 shall be subject to audit and accounting as otherwise provided for by law.
","history":"(Acts 1955, No. 367, p. 887, §1; Acts 1971, 1st Ex. Sess., No. 57, p. 95.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31046,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30200,"codeId":29852,"versionId":24542,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-1.1","shortTitle":"Section 33-1-1.1","catchLine":"Definitions.","title":"Section 33-1-1.1 Definitions.","sectionRange":null,"content":"As used in this chapter, the following words shall have the following meanings:
(1) BOARD. The Board of Directors of the Alabama State Port Authority.
(2) DIRECTOR. The Chief Executive Officer of the Alabama State Port Authority.
(3) DOCKS. Alabama state docks.
(4) PORT AUTHORITY. The Alabama State Port Authority.
(5) STATE ETHICS ACT. Chapter 25, commencing with Section 36-25-1, of Title 36.
","history":"(Act 2000-598, p. 1199, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31047,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30202,"codeId":238,"versionId":50799,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-3","shortTitle":"Section 33-1-3","catchLine":"Director.","title":"Section 33-1-3 Director.","sectionRange":null,"content":"The chief executive officer of the port authority shall be known as the Director of the Alabama State Port Authority. The director may not have any financial interest in any harbor facilities or property that the port authority or its predecessors have acquired or may acquire or manage, and may not have any financial or personal interest in any business or enterprise of any sort which interferes or is inconsistent with his or her duties as director. The duties of the director shall be as follows:
(1) Exercise the chief executive authority of the port authority, and exercise, consistent with this chapter and other applicable law, all the powers, authority, and duties vested by this chapter or other applicable law in the port authority.
(2) Appoint, with the advice and consent of the board of directors of the port authority, no more than 11 individuals as executive level employees. These individuals shall be non-merit system employees and may replace current Merit System executive level employees who retire or otherwise leave the employment of the port authority. The director shall fix the salaries of these non-merit system executive level employees, giving due consideration to the salaries of comparable positions in other states and in private industries. These non-merit system executive level employees, though not participants in the classified service of the state under the Merit System Act, shall be entitled to the other benefits, including, but not limited to, retirement, sick and annual leave, and insurance benefits afforded other state employees, except that the board of directors of the port authority may provide and fund an alternate benefit package for them. Regardless of whether the port authority funds an alternate benefit package, the port authority shall pay to the State Employees’ Insurance Fund the monthly employer contribution as defined by Section 36-29-1 for each of its non-merit system executive level employees.
(3) Employ, with the advice and consent of the board of directors of the port authority, all individuals necessary to the efficient operation of the port authority, including a secretary-treasurer and other employees as Merit System or non-merit system employees, fix their compensation and other conditions of employment and tenure in office, and be responsible for the efficient discharge of their duties. Any non-merit system employees employed under this section, though not participants in the classified service of the state under the state Merit System, shall be entitled to the other benefits, including, but not limited to, retirement, sick and annual leave, and insurance benefits afforded other state employees, except that the board of directors of the port authority may provide and fund an alternate benefit package for them. Regardless of whether the port authority funds an alternate benefit package for them, the port authority shall pay to the State Employees’ Insurance Fund the monthly employer contribution as defined by Section 36-29-1 for each of its full-time non-merit system employees.
","history":"(Acts 1943, No. 122, p. 123, §1; Acts 1955, No. 103, p. 345, §§2, 7; Acts 1961, Ex. Sess., No. 208, p. 2190, §1; Acts 1961, Ex. Sess., No. 302, p. 2362, §1; Acts 1987, No. 87-592, p. 1030, §1; Act 2000-598, p. 1199, §2; Act 2007-384, p. 766, §1; Act 2021-184, §1; Act 2024-93, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31049,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30203,"codeId":242,"versionId":151,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-4","shortTitle":"Section 33-1-4","catchLine":"Assistant Directors.","title":"Section 33-1-4 Assistant Directors.","sectionRange":null,"content":"Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000.
","history":"(Acts 1955, No. 103, p. 345, §6; Acts 1961, Ex. Sess., No. 302, p. 2362, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31050,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30204,"codeId":244,"versionId":50800,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-5","shortTitle":"Section 33-1-5","catchLine":"Officers and Employees; Employee Compensation Plan.","title":"Section 33-1-5 Officers and Employees; Employee Compensation Plan.","sectionRange":null,"content":"(a) All employees and officers of the Alabama State Port Authority, except the director, non-merit system employees hired or employed pursuant to Section 33-1-3, and those exempt under Section 36-26-10, shall be subject to the provisions of the state Merit System law with respect to the method of selection, classification, and compensation of state employees. Sections 33-1-5.1 and 33-1-5.2 shall apply to the director and the non-merit system employees hired or employed pursuant to Section 33-1-3, including their spouses and dependents.
(b) The port authority may employ port police officers at the Port of Mobile, who shall be employed pursuant to the state Merit System or pursuant to Section 33-1-3. Port police officers employed pursuant to this subsection are constituted peace officers of the State of Alabama with full police power and jurisdiction to enforce the laws of the state and the rules and regulations which may be adopted by the port authority on property owned by or otherwise within the jurisdiction of the port authority and the approaches thereto. Port police officers shall meet the minimum standards for law enforcement officers provided by law.
(c) Notwithstanding any other provision of law to the contrary, the board of directors of the port authority may adopt and implement an employee compensation plan applicable to the director, the non-merit system employees hired or employed pursuant to Section 33-1-3, and those employees employed pursuant to the state Merit System that provides for compensation to the employees solely out of funds of the port authority in addition to any other compensation payable to any employees under existing law as an incentive for achieving goals specified by the plan. The employee compensation plan may compensate Merit System employees in excess of, and in addition to, the normal compensation received by the Merit System employee. The compensation plan shall complement the existing pay plan applicable to Merit System employees.
(d) Nothing in this section shall be construed to change, alter, diminish, or amend the state Merit System laws or rules which shall continue to apply to all Merit System employees employed by the port authority.
","history":"(Acts 1955, No. 103, p. 345, §6; Acts 1961, Ex. Sess., No. 302, p. 2362, §2; Act 2000-458, p. 857, §1; Act 2000-598, p. 1199, §2; Act 2007-384, p. 766, §1; Act 2024-93, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31051,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30205,"codeId":247,"versionId":50801,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-5.1","shortTitle":"Section 33-1-5.1","catchLine":"Retirement Plans for Employees of Alabama State Port Authority.","title":"Section 33-1-5.1 Retirement Plans for Employees of Alabama State Port Authority.","sectionRange":null,"content":"(a) The Alabama State Port Authority may establish and fund retirement plans for employees of the port authority including, but not limited to, those employees who are employed by the port authority under Sections 33-1-3 and 36-26-19, those employees who are “exempt” under Section 36-26-19, those employees who are employed by the port authority under Section 33-1-16 as locomotive engineers, locomotive firemen, switchmen, switch engine foremen, and hostlers engaged in the operation of the terminal railroads provided for by that section, and those employees of the port authority who are not otherwise covered under the State Employees’ Retirement System and pay the costs of the establishment and funding of the retirement plans from the revenues of the port authority.
(b) The retirement plans and benefits shall be in amounts as defined in individual labor contracts and deemed appropriate and desirable by the port authority for the benefit of those employees of the port authority who are not otherwise covered under the State Employees’ Retirement System and who have been declared eligible for disability or retirement benefits by the U.S. Social Security Administration or under the U.S. Railroad Retirement Act.
(c) The port authority may establish and fund the retirement plans solely out of the revenues of the port authority and may execute contracts to establish the retirement funds and provide the benefits under the plan provided by this section. The general administration and responsibility for the proper operation of the retirement plans and for making effective this section are vested in the port authority, and the port authority may establish committees as deemed necessary and appropriate. The port authority may designate, appoint, and discharge administrators and trustees under the plans and engage actuarial and other services as required to transact the business of the retirement plans. The benefits to be provided under this section may be included in one or more contracts issued by the same or different administrators, trustees, and companies and may cover groups of employees under separate contracts as deemed necessary and appropriate by the port authority. The port authority shall establish the plans and shall execute a contract or contracts on a basis as determined by the benefits afforded, the costs to be incurred and paid for solely out of the revenues of the port authority as the port authority deems necessary and appropriate.
(d) The contract or contracts shall provide for retirement benefits for the retired employees of the port authority not covered by the State Employees’ Retirement System as defined by the rules and regulations of the port authority, on terms deemed appropriate by the port authority. The port authority shall adopt rules and regulations prescribing the conditions under which retiring employees may participate in or withdraw from the plans.
(e) The port authority may adopt rules and regulations for the administration of the retirement plans.
(f) The benefits provided for in this section shall not exceed the retirement benefits provided for other employees of the state under established state retirement plans.
","history":"(Acts 1982, 1st Ex. Sess., No. 82-674, p. 106, §1; Acts 1997, No. 97-142, §1; Act 2024-93, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31052,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30206,"codeId":250,"versionId":50802,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-5.2","shortTitle":"Section 33-1-5.2","catchLine":"Life and Health Insurance for Certain Salaried Officers and Employees of State Docks.","title":"Section 33-1-5.2 Life and Health Insurance for Certain Salaried Officers and Employees of State Docks.","sectionRange":null,"content":"(a) The Alabama State Port Authority may provide and establish a plan of life and health insurance for the salaried officers and employees of the port authority who work full time for the port authority and receive their compensation on a bi-weekly basis and also a plan of health insurance for the spouses and dependent children of officers and employees and to pay the costs and premiums of life and health insurance from the revenues of the port authority.
(b) The health insurance plan may provide for group hospitalization, surgical, medical, and dental insurance against the financial costs of hospitalization, surgical, medical, and dental treatment and care, and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital in-patient and out-patient service benefits, including major medical benefits, or other coverage or benefits as may be deemed appropriate and desirable by the port authority. The life insurance plan shall be a group plan with the face amount of the life insurance coverage on salaried officers and employees limited to amounts as may be deemed appropriate and desirable by the port authority.
(c) The port authority may execute a contract or contracts to provide the benefits under the life and health insurance coverage provided by this section. The contract or contracts may be executed with one or more agents or corporations licensed to transact life and health insurance business in this state. The benefits to be provided under this section may be included in one or more similar contracts issued by the same or different companies. Before entering into any contract, the port authority shall invite competitive bids from qualified insurers who wish to offer plans for the life and health insurance coverage provided by this section.
(d) The benefits provided for in this section shall not exceed the benefits provided to employees of the port authority subject to collective bargaining agreements.
(e) Regardless of whether the port authority provides, establishes, and funds an alternate health insurance plan under this section, the port authority shall pay to the State Employees’ Insurance Fund the monthly employer contribution as defined by Section 36-29-1 for each of its full-time employees, whether Merit, non-merit, or exempt.
","history":"(Acts 1982, 1st Ex. Sess., No. 82-674, p. 106, §2; Act 2024-93, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31053,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30207,"codeId":254,"versionId":24794,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-6","shortTitle":"Section 33-1-6","catchLine":"Bonds Required of Certain Employees.","title":"Section 33-1-6 Bonds Required of Certain Employees.","sectionRange":null,"content":"Before entering upon the duties of their respective offices, all employees of the port authority handling money or vested with discretionary powers shall execute to the State of Alabama a bond, to be approved by the board, in amounts to be fixed by the director of the port authority, for the faithful performance of their duties.
","history":"(Acts 1943, No. 122, p. 123; Acts 1961, Ex. Sess., No. 208, p. 2190; Act 2000-598. § 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31054,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30208,"codeId":257,"versionId":24243,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-7","shortTitle":"Section 33-1-7","catchLine":"Functions of Secretary-Treasurer; Bond.","title":"Section 33-1-7 Functions of Secretary-Treasurer; Bond.","sectionRange":null,"content":"(a) The secretary-treasurer shall receive and disburse for the port authority, under the supervision of the director, all moneys which the port authority is authorized to receive and disburse. The secretary-treasurer shall be responsible for the safekeeping thereof and shall properly account therefor. The director shall make a monthly report to the board of the acts and doings of the secretary-treasurer.
(b) Before entering upon the duties of his or her office, the secretary-treasurer shall execute to the State of Alabama a bond, to be approved by the board, in an amount to be fixed by the director of the port authority, for the faithful performance of his or her duties.
","history":"(Acts 1943, No. 122, p. 123; Acts 1955, No. 103, p. 345, §7; Acts 1961, Ex. Sess., No. 208, p. 2190; Act 2000-598, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31055,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30209,"codeId":260,"versionId":27596,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-8","shortTitle":"Section 33-1-8","catchLine":"Board of Directors.","title":"Section 33-1-8 Board of Directors.","sectionRange":null,"content":"(a)(1) The port authority shall be governed by a board of directors, consisting of eight appointed members and one ex officio member.
a. The Governor shall appoint eight members subject to confirmation by the Senate as follows:
b. Two members from the southern region of this state consisting of the following counties: Baldwin, Choctaw, Clarke, Conecuh, Dallas, Escambia, Hale, Marengo, Mobile, Monroe, Perry, Washington, and Wilcox.
c. Two members from the central region of this state consisting of the following counties: Autauga, Barbour, Bullock, Butler, Chambers, Chilton, Coffee, Coosa, Covington, Crenshaw, Dale, Elmore, Geneva, Henry, Houston, Lee, Lowndes, Macon, Montgomery, Pike, Russell, Randolph, Tallapoosa, and Tuscaloosa.
d. Two members from the northern region of this state consisting of the following counties: Winston, Clay, Cullman, Cleburne, Colbert, Pickens, Shelby, St. Clair, Sumter, Talladega, Etowah, Walker, Morgan, Marion, Marshall, Lawrence, Limestone, Madison, Jackson, Jefferson, Lamar, Lauderdale, Fayette, Franklin, Bibb, Blount, Calhoun, DeKalb, Cherokee, and Greene.
e. Two members from the state at-large.
(2) The Mayor of Mobile and the President of the Mobile County Commission each shall serve in alternate years as an ex officio member of the board, with the mayor serving in the first year.
(3) The Governor shall designate a member of the board as chair who shall serve at the pleasure of the Governor.
(b)(1) The Governor initially shall appoint two members to hold office for three years, three members to hold office for four years, and three members to hold office for five years. The terms of members appointed after the initial appointments shall be for five years. Members shall serve until their successors are appointed. No person may serve more than two consecutive terms. The members and their successors shall have substantial business management experience at the executive level, except that one member and his or her successor shall represent labor. No member of the board shall be an employee of the port authority at the time of and after his or her appointment. Notwithstanding any other provision of law, up to three members may be engaged in any material business dealing indirectly with the port authority. No member of the board shall act on any matter that affects directly his or her other business or personal interests. The membership of the board shall be inclusive and shall reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.
(2) Appointments made when the Legislature is not in session shall be effective ad interim. An appointment made by the Governor when the Legislature is in session shall be submitted to the Senate not later than the third legislative day following the date of the appointment. An appointment made when the Legislature is not in session shall be submitted to the Senate not later than the third legislative day following the reconvening of the Legislature after the appointment.
(c) When the initial members have been appointed, the board shall meet to organize itself, to elect such officers, other than the chair, as it deems appropriate, and to transact any necessary business. This organizational meeting shall not be considered a regular meeting of the board.
(d) The board shall meet monthly on the call of the chair, who shall designate the time and place. The chair also may call special meetings. A quorum of the board for any regular or special meeting shall consist of not less than five members. At least two meetings per year shall be held outside the metropolitan Mobile area in a place selected by the chair. Board members shall be given at least 10 days’ notice of regular meetings and five days’ notice of special meetings, except that, if, in the judgement of the chair, urgent business so requires, the chair may give such shorter notice of a meeting as is practicable. Members of the board or any committee thereof may participate in meetings of the board or such committees by telephone conference or similar communications equipment through which all persons participating in the meeting can hear each other at the same time, and such participation by the members shall constitute presence at a meeting for all purposes. The director of the port authority shall give notice of any meeting to the media as the board and the director together consider appropriate under the circumstances.
(e) The appointed members of the board shall receive a fee consistent with the fee paid to the members of boards of directors in similar private industries and similar-sized ports in the United States. The board may establish a fixed periodic fee in an amount which from time to time may be adjusted by the board, or may specify the basis upon which the fee will be paid, including, but not limited to, participation in board and committee meetings, participating in business or other conferences for the port authority, or otherwise providing service to the port authority. Each member also shall be reimbursed for actual and necessary expenses incurred while attending meetings of the board, traveling to or from such meetings, or conducting any other activities on behalf of the port authority, including, but not limited to, all expenses for travel and other activities while outside the state. All appointed members shall be entitled to such fee, and all members shall be entitled to reimbursement on such basis, from the time of taking office, including those members taking office prior to December 20, 2001.
(f) Board members shall be bound by the State Ethics Act. To the extent not provided for in the State Ethics Act, in this chapter, or in other applicable law, fiduciary obligations of the members of the board shall be governed by applicable Alabama law governing the fiduciary obligations of directors of corporations.
(g) The board’s duties shall be as follows:
(1) Appoint the director, fix the terms and conditions of his or her employment including salary and tenure in office, and be responsible for the efficient discharge of his or her duties. The board shall fix the salary of the director at any reasonable amount giving due consideration to the salaries of comparable positions in other states and in private industry. The director shall not be a participant in the classified service of the state under the Merit System Act, but may be entitled to the other benefits afforded other state employees, including, but not limited to, retirement, sick and annual leave, and insurance benefits. The board may provide and fund an alternate benefits package for the director.
(2) Develop and approve each year the capital and operating budgets of the docks.
(3) Obtain annually an independent audit of the expenditures of the docks and provide a copy of that audit to the State Finance Director.
(4) Develop a strategic plan for the administration, management, operation, supervision, promotion, control, and direction of the docks which shall be updated annually.
(5) Set policies for the docks.
(6) Exercise all other powers conferred on the board by this chapter and other applicable law.
(7) Notwithstanding the provisions of Chapter 2, Article 7, commencing with Section 33-2-180 of this title, approve by resolution any orders of the director respecting the authorization, issuance, and sale of revenue bonds by the port authority, the investment and use of proceeds thereof, which resolution may authorize the director to make changes to any order as are within any parameters prescribed by the board in the resolution, and the appointment and employment of institutions and professionals used in connection therewith which shall be subject to the approval of the State Finance Director.
(h) The Governor may remove any member of the board for misfeasance, malfeasance, nonfeasance, or dereliction of duty and may appoint a successor to fulfill the remaining term of the member who is removed.
(i) Any member of the board who changes his or her residence to a region outside the region of the state from which the member was appointed pursuant to either paragraph b., c., or d. of subdivision (1) of subsection (a) or any member appointed from the state at-large pursuant to paragraph e. of subdivision (1) of subsection (a) who changes his or her residence to an area outside of the state, upon adoption of a resolution by the board making a finding of any change in residence, shall automatically be deemed to be removed from the board.
(j) Any member of the board who fails to participate in at least 50 percent of the meetings of the board during a calendar year for any reason other than military service or health or the health of a member of his or her immediate family, upon adoption of a resolution of the board making a finding of the failure, shall automatically be deemed to be removed from the board.
","history":"(Acts 1955, No. 103, p. 345, §4; Act 2000-598, p. 1199, §2; Act 2001-1062, p. 1059, §1; Act 2007-384, p. 766, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31056,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30210,"codeId":262,"versionId":165,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-9","shortTitle":"Section 33-1-9","catchLine":"State Docks Advisory Committee - Vice-Chairman and Secretary; Meetings; Quorum; Records.","title":"Section 33-1-9 State Docks Advisory Committee - Vice-Chairman and Secretary; Meetings; Quorum; Records.","sectionRange":null,"content":"Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000.
","history":"(Acts 1955, No. 103, p. 345, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31057,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30211,"codeId":263,"versionId":166,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-10","shortTitle":"Section 33-1-10","catchLine":"State Docks Advisory Committee - Committee to Act in Advisory Capacity.","title":"Section 33-1-10 State Docks Advisory Committee - Committee to Act in Advisory Capacity.","sectionRange":null,"content":"Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000.
","history":"(Acts 1955, No. 103, p. 345, §6; Acts 1961, Ex. Sess., No. 302, p. 2362, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31058,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30212,"codeId":265,"versionId":24244,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-11","shortTitle":"Section 33-1-11","catchLine":"Jurisdiction.","title":"Section 33-1-11 Jurisdiction.","sectionRange":null,"content":"The jurisdiction of the port authority in any harbor or seaport within the state shall extend over the waters and shores of a harbor and shall extend to the outer edge of the outer bar at the harbor or seaport. The jurisdiction of the port authority shall also extend over the waters and shores of all rivers and streams within the state which are navigable for commercial traffic, or which may be made so navigable at any time in the future. The jurisdiction of the port authority shall not be exclusive, however, and nothing contained herein shall be taken as a deprivation of the power of the Department of Conservation and Natural Resources to control, hold, lease, manage, or own the minerals, sands, gravel, or any other natural resources in the beds of navigable streams or other public waters as provided by law.
","history":"(Acts 1955, No. 367, p. 887, §2; Act 2000-598, p. 1199, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31059,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30213,"codeId":267,"versionId":24245,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-12","shortTitle":"Section 33-1-12","catchLine":"Power to Acquire, Operate, Etc., Structures, Facilities, Etc.","title":"Section 33-1-12 Power to Acquire, Operate, Etc., Structures, Facilities, Etc.","sectionRange":null,"content":"The port authority, in engaging in the work of internal improvement, or promoting, developing, constructing, maintaining and operating harbors, seaports, and riverports within the state and its jurisdiction, may acquire, purchase, install, lease, construct, own, hold, maintain, equip, use, control, and operate, at seaports, or at any ports located on any river or stream which is navigable for commercial traffic, or which may be made so navigable at any time in the future, wharves, piers, docks, quays, grain elevators, cotton compresses, warehouses, and other water and rail terminals and other structures, and facilities needed for the convenient use of the port authority in the aid of commerce, including the dredging of approaches thereto.
","history":"(Acts 1955, No. 367, p. 887, §3; Act 2000-598, p. 1199, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31060,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30214,"codeId":29853,"versionId":24543,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-12.1","shortTitle":"Section 33-1-12.1","catchLine":"Additional Powers.","title":"Section 33-1-12.1 Additional Powers.","sectionRange":null,"content":"In addition to the powers conferred in this chapter and by other applicable law, the port authority shall have the following powers:
(1) To have and use a corporate seal and to alter the same at pleasure.
(2) To exercise the right of eminent domain as freely and completely, and in the same manner, as the state has that power now or at any time hereafter, and the power of eminent domain shall apply not only as to all property of private persons or corporations but also as to property already devoted to public use.
(3) To acquire by purchase, gift, the exercise of the power of eminent domain, or other lawful means, sell, rent, lease, and otherwise dispose of real, personal, or mixed property in its own name, and to construct, improve, renovate, equip, and maintain the docks and its facilities.
(4) To receive, take, and hold by sale, gift, lease, devise, eminent domain, or other lawful means, real and personal estate of every description in its own name, and to manage the same.
(5) To appoint and employ attorneys, accountants, financial advisors, underwriters, trustees, depositories, registrars, and other advisors, agents, and independent contractors as the business of the docks may require.
(6) To enter into contracts with municipalities, counties, agencies, or political subdivisions of the state or any other state, private persons, firms, corporations, and any branch of the federal government, in furtherance of its public purposes and objects, and as necessary and convenient to the exercise of its other powers and to the discharge of its duties and obligations, either relative to work done or to be done.
","history":"(Act 2000-598, p. 1199, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31061,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30215,"codeId":268,"versionId":168,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-13","shortTitle":"Section 33-1-13","catchLine":"Governor May Make Additional Investigations Relative to Acquisition, Etc., of Facilities.","title":"Section 33-1-13 Governor May Make Additional Investigations Relative to Acquisition, Etc., of Facilities.","sectionRange":null,"content":"Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000.
","history":"(Acts 1923, No. 303, p. 330; Code 1923, §2538; Acts 1927, No. 1, p. 1; Acts 1935, No. 385, p. 821; Code 1940, T. 38, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31062,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30216,"codeId":270,"versionId":170,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-14","shortTitle":"Section 33-1-14","catchLine":"Appraisal of Real Estate; Approval of Facilities by Governor Prerequisite to Beginning Project.","title":"Section 33-1-14 Appraisal of Real Estate; Approval of Facilities by Governor Prerequisite to Beginning Project.","sectionRange":null,"content":"Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000.
","history":"(Acts 1923, No. 303, p. 330; Code 1923, §2539; Acts 1927, No. 1, p. 1; Acts 1935, No. 385, p. 821; Code 1940, T. 38, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31063,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30217,"codeId":273,"versionId":172,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-15","shortTitle":"Section 33-1-15","catchLine":"Amendment of Plans.","title":"Section 33-1-15 Amendment of Plans.","sectionRange":null,"content":"Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000.
","history":"(Acts 1927, No. 1, p. 1; Acts 1935, No. 385, p. 821; Code 1940, T. 38, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31064,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30218,"codeId":274,"versionId":47760,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-16","shortTitle":"Section 33-1-16","catchLine":"Terminal Railroads.","title":"Section 33-1-16 Terminal Railroads.","sectionRange":null,"content":"(a) The port authority may acquire, own, lease, locate, install, construct, hold, maintain, control, and operate at seaports, and at such other locations within the state as the port authority shall determine is in furtherance of promoting harbors, seaports, and riverports within the state, a line of terminal railroads with necessary sidings, turn outs, spurs, branches, switches, intermodal and multi-modal transfer facilities, yard tracks, bridges, trestles, and causeways, and in connection therewith or appurtenant thereto, shall have the further right to lease, install, construct, acquire, own, maintain, control, and use any and every kind or character of motive power and conveyances or appliance necessary or proper to carry passengers, goods, wares, and merchandise over, along, or upon the tracks of the railroads or other conveyances.
(b) The port authority may make agreements as to scale of wages, seniority, and working conditions with locomotive engineers, locomotive firemen, switchmen and switch engine foremen, and hostlers engaged in the operation of the terminal railroads provided for in this section, and the service and equipment pertinent thereto. Should the port authority exercise the power herein given, then it shall be the duty of the port authority to make such agreements with the employees hereinabove specified, in accordance with the act of Congress known as the Railway Labor Act, being 45 U.S.C.A. Section 151 et seq., as amended, or as hereafter amended, to the end that the agreements as to seniority and working conditions will obtain as to the employees and the standard rate of pay be provided as are in force relative to like employees of interstate railroads operating in the same territory with terminal railroads authorized hereby.
(c) The port authority may connect its terminal railroads with or cross any other railroad upon the payment of just compensation and may receive, deliver to, and transport the freight, passengers, and cars of common carrier railroads as though it were an ordinary common carrier.
","history":"(Acts 1923, No. 303, p. 330, §5; Code 1923, §2540; Acts 1927, No. 1, p. 1, §7; Acts 1935, No. 385, p. 821, §1; Acts 1936, Ex. Sess., No. 92, p. 57, §1; Code 1940, T. 38, §17; Act 2000-598, p. 1199, §2; Act 2022-149, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31065,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30219,"codeId":276,"versionId":24247,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-17","shortTitle":"Section 33-1-17","catchLine":"Title to Property.","title":"Section 33-1-17 Title to Property.","sectionRange":null,"content":"The title to all property acquired by the Alabama State Docks Department and now vested in the State of Alabama shall on August 1, 2000, be vested in the port authority. The director, with the consent and the approval of the board may dispose of, sell, or lease to others, at reasonable prices and for reasonable compensation, without a competitive advertised public auction or advertised sealed bid process any of the property, equipment, and facilities of the port authority.
","history":"(Acts 1923, No. 303, p. 330; Code 1923, §2541; Acts 1927, No. 1, p. 1; Acts 1935, No. 385, p. 821; Acts 1936, Ex. Sess., No. 92, p. 57; Code 1940, T. 38, §18; Acts 1996, 1st Ex. Sess., No. 96-21, p. 24, §1; Act 2000-598, p. 1199, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31066,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30220,"codeId":278,"versionId":24259,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-18","shortTitle":"Section 33-1-18","catchLine":"Sales of Submerged Lands and Made Lands Lying Under or Abutting Tidal Waters.","title":"Section 33-1-18 Sales of Submerged Lands and Made Lands Lying Under or Abutting Tidal Waters.","sectionRange":null,"content":"(a) The Director of the Alabama State Port Authority is vested with power and authority to obtain and negotiate a sale of any submerged lands and made lands claimed or owned by the state, which lands are under or were formerly under any of the tidal waters of the State of Alabama, or which lands abut such tidal waters; provided, however, that if such lands abut or adjoin in whole or in part any uplands then no such sale shall be made to any purchaser other than the owner of such uplands, except a sale of so much of said land as may be used and occupied by such purchaser without interfering with the riparian rights appurtenant to such uplands, unless the owner of such uplands relinquishes such rights by appropriate instrument made in connection with such sale; and except that such sales may be made to a public body of the submerged or made land upon which docks or wharves have been constructed by such public body, the sale in such instances to be for the reasonable value of the submerged or made land used by such docks or wharves and to be fixed as of the date of the beginning of the construction of such docks and wharves, and the title in such instances to relate back to the date of the commencement of the construction of the docks or wharves. The director of the department shall certify to the Governor that such sale has been obtained and negotiated and that all requirements of law with respect to such sale have been complied with, and if such sale is concurred in by the Governor, the Governor may cause a patent to issue under the Seal of the State, signed by the Governor and attested by the Secretary of State, conveying such property. The recitals contained in such conveyance shall be conclusive evidence that all requirements for the issuance thereof have been complied with. Such conveyance shall, except to the extent otherwise stated therein, convey all of the right, title and interest of the State of Alabama in and to such lands and shall be conclusive evidence that such lands are no longer needed by the State of Alabama for any purpose and that all public rights of navigation have ceased and determined as to such lands. In negotiating any such sale, the director of the department may in his discretion obtain an appraisal of the value of the right, title and interest of the State of Alabama in and to such lands the subject of such sale. The proceeds of any such sales shall be paid by the purchaser to the Alabama State Port Authority and shall be used by it in its work of harbor development.
Except as provided in subsection (b), this section shall apply only to such lands which lie shoreward of harbor lines established by the authorities of the United States and of the State of Alabama having jurisdiction over such matters.
All departments and agencies of the state, other than the Alabama State Port Authority are relieved of any duties, responsibilities, and powers with reference to the lands to which this section applies, as and when this section becomes applicable thereto.
The word “upland,” as used herein, is hereby defined to mean any land, whether artificially made land or natural land, as to which the State of Alabama has no right, title or interest, or as to which the state’s only right, title or interest, is by virtue of a tax sale with respect to which there is an outstanding statutory right of redemption.
(b) This section shall not apply to any submerged lands of the state abutting the Gulf of Mexico and lying seaward of the mean high tide line that are filled in the course of, or by subsequent natural or artificial accretion to, a beach project undertaken by a coastal municipality pursuant to Article 11 of Chapter 47 of Title 11 with the permit of the Commissioner of the Department of Conservation and Natural Resources as provided in Section 9-15-56.
","history":"(Acts 1945, No. 233, p. 355; Acts 1947, No. 534, p. 389; Act 2000-676; p. 1365, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31067,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30221,"codeId":281,"versionId":24248,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-19","shortTitle":"Section 33-1-19","catchLine":"Exemption of Leases, Etc., from Taxation.","title":"Section 33-1-19 Exemption of Leases, Etc., from Taxation.","sectionRange":null,"content":"All leases of real estate within the boundaries of the approved plan or within the boundaries of any amendment or extension thereof, for port or harbor improvement in and by the State of Alabama, the port authority, or its predecessors, now in effect, and also all structures and all improvements and all other permanent facilities erected, installed or located, by the lessees, or their successors or assigns, within the boundaries aforesaid, shall be free and exempt from all state, county, and municipal taxation for the period as may be stipulated in the lease now in effect.
","history":"(Acts 1927, No. 1, p. 1; Acts 1935, No. 385, p. 821; Code 1940, T. 38, §19; Acts 1945, No. 40, p. 46; Act 2000-598, p. 1199, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31068,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30222,"codeId":282,"versionId":24249,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-20","shortTitle":"Section 33-1-20","catchLine":"Exchange of Property and Relocation of Buildings, Etc.","title":"Section 33-1-20 Exchange of Property and Relocation of Buildings, Etc.","sectionRange":null,"content":"The port authority may exchange any property or properties acquired under the authority of this chapter for other property or properties usable in carrying out the powers hereby conferred, and also remove from lands needed for its purposes and reconstruct on other locations buildings, terminals, railroads, or other structures upon the payment of just compensation, if, in its judgment, it is necessary or expedient to do so in order to carry out any of its plans for port development.
","history":"(Acts 1923, No. 303, p. 330; Code 1923, §2342; Code 1940, T. 38, §20; Act 2000-598, p. 1199, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31069,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30223,"codeId":284,"versionId":24250,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-21","shortTitle":"Section 33-1-21","catchLine":"Enforcement.","title":"Section 33-1-21 Enforcement.","sectionRange":null,"content":"The port authority may bring and prosecute all civil actions and other legal proceedings proper or necessary for the enforcement of its rights growing out of any of its transactions or operations authorized by this chapter.
","history":"(Code 1923, §2545; Acts 1935, No. 385, p. 821; Code 1940, T. 38, §21; Act 2000-598, p. 1199, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31070,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30224,"codeId":286,"versionId":24251,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-22","shortTitle":"Section 33-1-22","catchLine":"Acquisition of Property and Rights-of-Way.","title":"Section 33-1-22 Acquisition of Property and Rights-of-Way.","sectionRange":null,"content":"For the acquiring of rights-of-way and property necessary for the construction of terminal railroads and structures, including railroad crossings, wharves, piers, docks, quays, grain elevators, cotton compresses, warehouses, and other riparian and littoral terminals and structures and approaches thereto needful for the convenient use of rights-of-way and property, the port authority may acquire the rights-of-way and property by purchase, by negotiation or by condemnation.
","history":"(Acts 1923, No. 303, p. 330; Code 1923, §2546; Acts 1927, No. 1, p. 1; Code 1940, T. 38, §22; Act 2000-598, p. 1199, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31071,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30225,"codeId":288,"versionId":181,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-23","shortTitle":"Section 33-1-23","catchLine":"To What Property Eminent Domain Applicable.","title":"Section 33-1-23 To What Property Eminent Domain Applicable.","sectionRange":null,"content":"Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000.
","history":"(Acts 1923, No. 303, p. 330; Code 1923, §2543; Acts 1927, No. 1, p. 1; Acts 1935, No. 385, p. 821; Code 1940, T. 38, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31072,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30226,"codeId":289,"versionId":182,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-24","shortTitle":"Section 33-1-24","catchLine":"Conduct of Operation of Harbors, Ports, Facilities, Etc., by Port Authority.","title":"Section 33-1-24 Conduct of Operation of Harbors, Ports, Facilities, Etc., by Port Authority.","sectionRange":null,"content":"The operation of all harbors and seaports within the state and the improvements and facilities hereby authorized shall be conducted in the name of the Alabama State Port Authority. In such operation, the port authority may contract such current indebtedness as is necessarily incident to the prosecution of the work in accordance with the terms of this chapter and other applicable statutes. The port authority may adopt rules not inconsistent with the provisions of this chapter for the purpose of regulating, controlling and conducting the said operation.
","history":"(Acts 1923, No. 303, p. 330; Code 1923, §2547; Acts 1927, No. 1, p. 1; Code 1940, T. 38, §24.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31073,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30227,"codeId":291,"versionId":184,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-25","shortTitle":"Section 33-1-25","catchLine":"Port Authority Authorized to Carry Fire and Casualty and Public Liability Insurance.","title":"Section 33-1-25 Port Authority Authorized to Carry Fire and Casualty and Public Liability Insurance.","sectionRange":null,"content":"The Alabama State Port Authority is hereby authorized to provide insurance covering loss or damage to its properties, or any properties of others in its custody, care or control, or any properties as to which it has any insurable interest, caused by fire or other casualty; and may likewise provide insurance for the payment of damages on account of the injury to or death of persons, and the loss of or destruction of properties of others; and may pay the premiums thereon out of the revenues of the port authority. Nothing herein shall be construed to authorize or permit the institution of any civil action or proceeding in any court against the port authority for or on account of any matters referred to in this section; provided, that any contracts of insurance herein authorized may, in the discretion of the director of the port authority, provide for a direct right of action against the insurance carrier for the enforcement of any such claims or causes of action. The liability under any such policy or contract of insurance, arising out of such facts and circumstances as would bring such claim or cause of action within the provisions of Chapter 5 of Title 25 of this code, if the port authority were subject to the provisions of said law, shall be governed by the provisions of said law; provided, however, that the Director of the Alabama State Port Authority may increase the hospital and medical liability coverage if in his opinion he deems such increase of such liability coverage to be in the best interests of the port authority; the liability in all other cases from any such policy or contract of insurance, except to the extent expressly stated to the contrary therein, shall be the same as that imposed by law upon private persons, firms or corporations in like circumstances.
","history":"(Acts 1945, No. 455, p. 689, § 1; Acts 1959, No. 507, p. 1244, § 1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31074,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30228,"codeId":293,"versionId":186,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-26","shortTitle":"Section 33-1-26","catchLine":"Power of Port Authority to Fix Charges for Use of State Facilities; Charges for Use of Private Facilities.","title":"Section 33-1-26 Power of Port Authority to Fix Charges for Use of State Facilities; Charges for Use of Private Facilities.","sectionRange":null,"content":"In order to enable the port authority to earn funds to pay operating expenses and interest on the bonds and to create a sinking fund for the retirement of the bonds, the port authority shall have the right and power to fix from time to time reasonable rates of charges for all services and for the use of all improvements and facilities provided under the authority of this chapter; and schedules of all rates so fixed shall be filed with the State Public Service Commission within seven days after the fixing thereof. All private concerns, corporations or individuals operating similar facilities at Alabama seaports must make and collect charges which shall be not less than the charges so fixed by the department for the use of the state’s facilities.
","history":"(Acts 1923, No. 303, p. 330, §12; Code 1923, §2558; Acts 1927, No. 1, p. 1, §13; Code 1940, T. 38, §34.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31075,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30229,"codeId":297,"versionId":189,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-27","shortTitle":"Section 33-1-27","catchLine":"Exercise and Evidence of Authority of Governor and Port Authority.","title":"Section 33-1-27 Exercise and Evidence of Authority of Governor and Port Authority.","sectionRange":null,"content":"The Governor and the port authority, respectively, are directed and required to exercise the power and authority by this chapter conferred upon them, respectively, to whatever extent is necessary to the accomplishment of the improvement and development hereby authorized. Any approval or consent by the Governor required by this chapter shall be sufficiently evidenced by a certificate to that effect signed by the Governor and filed in the office of the Treasurer, and approval or consent by the port authority shall be sufficiently shown by a certificate signed by the director, attested by its secretary-treasurer and filed in the office of the Treasurer.
","history":"(Acts 1923, No. 303, p. 330, §14; Code 1923, §2560; Acts 1927, No. 1, p. 1, §16; Code 1940, T. 38, §35.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31076,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30230,"codeId":300,"versionId":191,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-28","shortTitle":"Section 33-1-28","catchLine":"Establishment of Harbor Lines; Grant of Licenses for Construction of Wharves, Etc.","title":"Section 33-1-28 Establishment of Harbor Lines; Grant of Licenses for Construction of Wharves, Etc.","sectionRange":null,"content":"The port authority may establish harbor lines, exterior and interior, when not in conflict with similar lines established by the United States. The port authority is hereby empowered to grant licenses in the name of the state to any riparian owner for the construction of wharves, booms and other aids to navigation when such wharves, booms or aids are appurtenant to his upland.
","history":"(Acts 1927, No. 1, p. 1, §20; Code 1940, T. 38, §39.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31077,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30231,"codeId":301,"versionId":193,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-29","shortTitle":"Section 33-1-29","catchLine":"Revocation or Suspension of Upland Owners’ Licenses.","title":"Section 33-1-29 Revocation or Suspension of Upland Owners’ Licenses.","sectionRange":null,"content":"Any license granted by the State of Alabama, either expressly or by implication, permitting the upland owner to occupy any part of the space between the channel of the Mobile River or the low water mark of the Mobile Bay and the high water mark, may be revoked by order of the director whenever said port authority shall determine to make use of such property for the purpose contemplated by this chapter, or may be suspended by order pending an investigation and decision as to whether or not such use shall be made; provided, however, that whenever such property has been or shall have been already improved by the upland owner, his license to maintain such improvements and to exercise such control thereover as may have been conferred upon him by a license from the state shall not be revoked or suspended otherwise than in the exercise of the right of eminent domain by condemnation proceedings as long as such owner shall occupy such property with improvements appropriate and devoted to the use of such property as a facility to commerce as is contemplated by such license. Whenever the port authority shall determine that any part of the property of the state above described is being occupied under a license from the state but that the improvements thereon are not being so maintained and used as facilities to commerce as reasonably to serve the purpose for which the license was granted and that it is desirable that this land should be improved by the port authority, then the director may call upon such owner of such improvements to put the same in such condition as reasonably to serve as such facilities to commerce within the purpose of the license under which they were erected, and if the said owner shall fail to comply within a reasonable time then the port authority may file a complaint in the circuit court of the circuit in which such land is situated for the cancellation of such license and if upon final hearing it shall be determined by the court that the said property is being occupied in violation of the intent and purpose of said license, then the court shall by its judgment cancel the same and the port authority shall then be entitled to proceed with the improvements thereof; provided further that the use of such improvement by the upland owner shall in no event be disturbed until the port authority is ready to begin the improvement of the land so occupied thereby under the terms of this chapter.
","history":"(Acts 1923, No. 303, p. 330, §17; Code 1923, §2564; Acts 1927, No. 1, p. 1, §17; Code 1940, T. 38, §38.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31078,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30232,"codeId":304,"versionId":196,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-30","shortTitle":"Section 33-1-30","catchLine":"Establishment of Foreign Trade Zones.","title":"Section 33-1-30 Establishment of Foreign Trade Zones.","sectionRange":null,"content":"In order to comply with the laws, rules and regulations of the federal government governing the establishment of foreign trade zones, under an act of Congress entitled “An Act to provide for the establishment, operation and maintenance of foreign trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes, approved June 18th, 1934,” or any amendments thereto, the port authority, any county or municipal governing body or any private or public corporation is authorized to establish at all ports of entry within this state foreign trade zones and to establish rules and regulations for controlling and conducting said zones. All foreign trade zones established under the provisions of this section shall comply with all federal laws and regulations dealing with the establishment and operation of foreign trade zones.
","history":"(Acts 1935, No. 523, p. 1111, § 1; Code 1940, T. 38, §40; Acts 1977, No. 498, p. 653, § 1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31079,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30233,"codeId":306,"versionId":47761,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-31","shortTitle":"Section 33-1-31","catchLine":"Rulemaking Authority; Violations.","title":"Section 33-1-31 Rulemaking Authority; Violations.","sectionRange":null,"content":"The port authority is authorized to formulate and promulgate rules and regulations for the operation of any seaport, harbor, or any asset related to an intermodal or multi-modal transfer facility owned or operated by the port authority within the state. Any person, firm, association, or corporation violating any of the rules and regulations established or authorized to be established by this chapter shall be guilty of a Class A misdemeanor and for each offense shall be subjected to a fine not exceeding five thousand dollars ($5,000) and may also be imprisoned for not more than one year. Any fines collected shall be paid to the port authority and by it placed to the credit of the operating fund.
","history":"(Acts 1927, No. 1, p. 1 §18; Code 1940, T. 38, §42; Act 2009-457, p. 795, §1; Act 2022-149, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31080,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30234,"codeId":308,"versionId":30403,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-32","shortTitle":"Section 33-1-32","catchLine":"Violation of Orders, Etc., of Director or Agents.","title":"Section 33-1-32 Violation of Orders, Etc., of Director or Agents.","sectionRange":null,"content":"If any master, agent, or owner of any water craft shall refuse or neglect to obey the lawful orders or directions of the director or his or her agents in any matter pertaining to the regulations of Mobile Harbor, or the removal or stationing of any water craft in violation of the navigation or other laws of the state, such master, agent, or owner so refusing or neglecting is guilty of a Class A misdemeanor, and, upon conviction thereof before any court of competent jurisdiction, shall be punished by a fine not to exceed five thousand dollars ($5,000), and may also be imprisoned for not more than one year. Any fines so collected shall be paid to the port authority and by it placed to the credit of the operating fund.
","history":"(Code 1923, §5009; Code 1940, T. 38, §44; Act 2009-457, p. 795, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31081,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30235,"codeId":312,"versionId":30404,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-33","shortTitle":"Section 33-1-33","catchLine":"Failure to Remove Dangerous Vessels on Order of Port Authority.","title":"Section 33-1-33 Failure to Remove Dangerous Vessels on Order of Port Authority.","sectionRange":null,"content":"Any owner or any agency in control of any vessel that is anchored, moored, or made fast to the shore when the same is in bad repair, liable to sink, liable to pollute adjacent water or determined to be a substantial threat to pollute adjacent water, or deemed to be a derelict vessel, or in violation of any law or regulation, who fails to remove it from the harbor to a designated place when directed to do so by an accredited agent of the port authority, shall be guilty of a Class A misdemeanor and shall be fined not exceeding five thousand dollars ($5,000) and may also be imprisoned for not more than one year. The offender shall be guilty of a new and similar offense and subject to the same penalty for each 48 hours that elapses after the order to remove the vessel from the harbor or seaport is served. Any fines so collected shall be paid to the port authority and by it placed to the credit of the operating fund.
","history":"(Acts 1927, No. 1, p. 1, §19; Code 1940, T. 38, §43; Act 2009-457, p. 795, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31082,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30236,"codeId":315,"versionId":203,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-34","shortTitle":"Section 33-1-34","catchLine":"Ships Entering or Leaving Port of Mobile to Fly Flag of Country of Registry; Name of Country of Registry to Be Stated in Advertising, Etc.","title":"Section 33-1-34 Ships Entering or Leaving Port of Mobile to Fly Flag of Country of Registry; Name of Country of Registry to Be Stated in Advertising, Etc.","sectionRange":null,"content":"(a) All ships entering or leaving the Port of Mobile shall fly the flag of the country in which such ship is registered and all advertising and sales of passenger ship services of such ships shall clearly state in each advertisement and on each ticket or evidence of sale of such services the name of the country in bold type in which each such ship is registered.
(b) The owner of any ship which fails to comply with the requirement of subsection (a) of this section relative to the flying of the flag of the country in which the ship is registered, and the master thereof, each, forfeits to the use of the State of Alabama the sum of $500.00; and the owner of any ship and any employee or agent of such owner and any other person, firm or corporation, who publishes, distributes or circulates any advertising relative to a ship or who sells or delivers any ticket or other evidence of the sale of passenger service on a ship, which does not state the country of registry of the ship in bold letters, as required by subsection (a) of this section, each, likewise forfeits the sum of $500.00 to the use of the State of Alabama.
(c) The Alabama State Port Authority through its director is hereby authorized and directed to enforce the provisions of this section.
","history":"(Acts 1966, Ex. Sess., No. 450, p. 624, §§ 1-3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31083,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30237,"codeId":318,"versionId":206,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-35","shortTitle":"Section 33-1-35","catchLine":"Depositing Substance That Will Form Obstruction to Navigation.","title":"Section 33-1-35 Depositing Substance That Will Form Obstruction to Navigation.","sectionRange":null,"content":"Any person who shall deposit or cause to be deposited, in the waters of the Harbor of Mobile, any substance that will sink and form an obstruction to navigation, without first obtaining permission in writing, of the Alabama State Port Authority, which permission shall describe with an ordinary degree of certainty the place where such deposit shall be made, and which shall be recorded by the secretary-treasurer of the port authority, shall be guilty of a misdemeanor, and, upon conviction thereof, before a court of competent jurisdiction, shall be fined not less than $100.00 nor more than $500.00, or imprisoned for not less than 30 and not more than 90 days; but nothing herein shall be construed to prevent or interfere with the construction of work authorized by law to be done at any time in connection with the Mobile Harbor.
","history":"(Acts 1915, No. 628, p. 678, §48; Code 1923, §5008; Code 1940, T. 38, §45.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31084,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30238,"codeId":321,"versionId":209,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-36","shortTitle":"Section 33-1-36","catchLine":"Authority of Alabama State Port Authority to Contract with Federal Government for Purpose of Receiving Funds, Supplies, Facilities, Etc.; Regulation and Promotion of Projects; Payment of Relocation, Etc., Expenses of Persons Displaced.","title":"Section 33-1-36 Authority of Alabama State Port Authority to Contract with Federal Government for Purpose of Receiving Funds, Supplies, Facilities, Etc.; Regulation and Promotion of Projects; Payment of Relocation, Etc., Expenses of Persons Displaced.","sectionRange":null,"content":"(a) The State of Alabama, acting through its agency, the Alabama State Port Authority, with the consent of the Governor, is hereby authorized and empowered to enter into contracts, leases, compacts or any other form of agreement with the United States of America or any of its agencies, departments or bureaus, for the purpose of receiving or acquiring from the United States of America or any of its agencies, departments or bureaus, funds, matching funds, services, materials, supplies, buildings, structures, waterways, channels, water terminals, docking facilities and other benefits deemed for the public interest in the promotion of waterways and navigation in the State of Alabama.
(b) Such contracts, leases, compacts or other forms of agreement may contain such covenants and conditions as may be considered reasonable and necessary for public use only, including but not limited to, contributions by the state of lands, funds, dredged material disposal areas and necessary retaining dikes, rights-of-way, easements, buildings, terminals, docking facilities, alteration or relocation of roads, bridges and utilities, and related facilities for waterway and navigational improvement and expansion, and may contain such other provisions for maintenance and indemnification as may be required by the contracting agencies.
(c) The state, acting through its agency, the Alabama State Port Authority, is further authorized to regulate and promote the use, growth and development of any such project and the area surrounding the same, and shall have the right to make and enforce such rules and regulations regarding the use and maintenance of the waters adjacent to any such project.
(d) The state, acting through its agency, the Alabama State Port Authority, is further authorized and empowered, in acquiring real property for use in any such public project or program in which federal or federal-aid funds are used, to make all such relocation and other payments to or for displaced persons as are required under the provisions of Public Law No. 91-646, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, adopted by the United States Congress, and to provide such displaced persons with relocation services and make available to them replacement dwellings, as required by Public Law No. 91-646, and to follow and conform with the land acquisition policies set forth in the said Public Law No. 91-646, and to pay or reimburse owners of property so acquired in the manner specified in said Public Law No. 91-646.
","history":"(Acts 1975, No. 1089, p. 2157, §§ 1-4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31085,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30239,"codeId":325,"versionId":213,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-37","shortTitle":"Section 33-1-37","catchLine":"Safety Incentive Program.","title":"Section 33-1-37 Safety Incentive Program.","sectionRange":null,"content":"The Director of the Alabama State Port Authority, to promote a safe working environment, may expend funds from fees collected by the port authority or from funds appropriated to the port authority in an amount not to exceed fifty thousand dollars ($50,000) per fiscal year to provide incentives or as awards to employees for maintaining sustained safe work conditions in all operating areas of the docks in a manner as the director deems appropriate. All funds expended under this section shall be subject to audit and accounting as required by law.
","history":"(Acts 1996, No. 96-427, p. 541, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31086,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30240,"codeId":28532,"versionId":22191,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-38","shortTitle":"Section 33-1-38","catchLine":"Compliance with Railway Labor Act.","title":"Section 33-1-38 Compliance with Railway Labor Act.","sectionRange":null,"content":"(a) Notwithstanding any provision of law to the contrary, the state, acting through the Alabama State Port Authority, is hereby authorized to comply with any and all duties imposed upon it, and to satisfy any and all obligations it may have arising under the Railway Labor Act, 45 U.S.C. Section 151, et seq., with respect to employees of the port authority who are subject to the act, including the duties to make written agreements concerning rates of pay, rules, working conditions, and all other lawful subjects, and to compromise, settle, and resolve all disputes with employees or their lawfully designated representatives, whether arising out of the application of agreements or otherwise, through the procedures prescribed in the act.
(b) This section is declaratory of, and does not constitute a change in, existing law.
","history":"(Act 97-900, p. 1417, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31087,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30241,"codeId":29854,"versionId":45811,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-39","shortTitle":"Section 33-1-39","catchLine":"Contracts.","title":"Section 33-1-39 Contracts.","sectionRange":null,"content":"(a) All contracts of the Alabama State Docks Department, now known as the Alabama State Port Authority, shall be in writing to precisely the same extent, and shall be approved and executed in precisely the same manner, as such contracts are on August 1, 2000, except that, where approval of the Governor has been required, approval of the board shall henceforth be required instead.
(b)(1) Notwithstanding any other provision of law, the terms of any contract or agreement entered into with a customer of the authority in the course of the authority’s business, whether before or after April 8, 2021, and any report or other record, that would disclose customer-specific information with respect to cargo volume, shipping prices, or other information that would put the authority or any of its customers at a competitive disadvantage, shall be exempt from the requirements of the laws of the state restricting confidentiality of documents or records, including, but not limited to, any open records or similar law.
(2) The exemption in this subsection shall not apply to any of the following:
a. The existence of any contract or agreement exempted under subdivision (1).
b. The terms of any financing instrument entered into by the authority, as borrower or guarantor.
c. The base, fixed rents due under any lease of real property by or from the authority.
(3) Upon request, the authority shall furnish a copy of an contract or agreement exempted under subdivision (1), but shall redact the commercial terms and other portions exempted under subdivision (1).
","history":"(Act 2000-598, p. 1199, §4; Act 2021-184, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31088,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30242,"codeId":29855,"versionId":24544,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-40","shortTitle":"Section 33-1-40","catchLine":"Sovereign Immunity.","title":"Section 33-1-40 Sovereign Immunity.","sectionRange":null,"content":"The port authority shall have sovereign immunity from suit to precisely the same extent as the Alabama State Docks Department had on August 1, 2000.
","history":"(Act 2000-598, p. 1199, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31089,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30243,"codeId":29856,"versionId":24545,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-41","shortTitle":"Section 33-1-41","catchLine":"Obligations.","title":"Section 33-1-41 Obligations.","sectionRange":null,"content":"Each and every existing obligation of the Alabama State Docks Department, now known as the Alabama State Port Authority, whether bonded indebtedness, contractual obligation, obligations under collective bargaining agreements, or otherwise, shall remain in full force and effect to precisely the same extent as the obligation exists on August 1, 2000. The Alabama State Docks Department, now known as the Alabama State Port Authority, shall have precisely the same power under applicable law to issue and sell bonds hereafter as it has on August 1, 2000.
","history":"(Act 2000-598, p. 1199, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31090,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30244,"codeId":29857,"versionId":24546,"parentId":232,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-1-42","shortTitle":"Section 33-1-42","catchLine":"Outstanding Bonds.","title":"Section 33-1-42 Outstanding Bonds.","sectionRange":null,"content":"It is the intention of the Legislature in enacting Act 2000-598 to preserve inviolate all pledges heretofore made of any portion of the revenues of the Alabama State Docks Department, now known as the port authority, for the benefit of its outstanding bonds. It is further the intention of the Legislature that the port authority shall assume in full and without limitation the due and punctual payment of the principal and interest on the Alabama State Docks Department’s outstanding bonds according to their tenor and due and punctual performance and observance of all agreements and conditions of orders heretofore issued by the Alabama State Docks with respect thereto.
","history":"(Act 2000-598, p. 1199, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31091,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30245,"codeId":334,"versionId":null,"parentId":33,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"2","shortTitle":"Chapter 2","catchLine":"Development of Docks and Other Facilities Along Inland Waterways.","title":"Chapter 2 Development of Docks and Other Facilities Along Inland Waterways.","sectionRange":"§33-2-1 to §33-2-213","content":null,"history":null,"numChildren":8,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31092,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30246,"codeId":337,"versionId":null,"parentId":334,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"1957 Provisions for Facilities Along Inland Waterways.","title":"Article 1 1957 Provisions for Facilities Along Inland Waterways.","sectionRange":"§33-2-1 to §33-2-18","content":null,"history":null,"numChildren":18,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31093,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30247,"codeId":338,"versionId":220,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-1","shortTitle":"Section 33-2-1","catchLine":"Authority of State and State Docks Department Generally.","title":"Section 33-2-1 Authority of State and State Docks Department Generally.","sectionRange":null,"content":"In addition to the authority granted to the State of Alabama by the provisions of Section 93 of the Constitution of Alabama as amended, and any other laws of this state, the state is hereby expressly authorized and empowered to engage in works of internal improvement by promoting, developing, constructing, maintaining and operating along navigable rivers, streams or waterways now or hereafter existing within this state, all manner of dock facilities, elevators, compresses, warehouses, water and rail terminals and other structures and facilities and improvements of every kind needful for the convenient use of same, in aid of commerce and use of the waterways of this state; provided, that all such works, improvements and facilities shall always be and remain under the management and control of the Alabama State Docks Department. The Alabama State Docks Department shall be the agency of the state under which the state shall accomplish all the purposes of this article and the acquisition, construction, maintenance and operation of all the improvements and facilities acquired or constructed or enlarged pursuant to the provisions of this article.
","history":"(Acts 1957, No. 311, p. 408, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31094,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30248,"codeId":341,"versionId":222,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-2","shortTitle":"Section 33-2-2","catchLine":"Maximum Cost of Development.","title":"Section 33-2-2 Maximum Cost of Development.","sectionRange":null,"content":"The entire cost to the state of engaging in the work or development authorized by this article shall not exceed in aggregate the principal sum of $3,000,000.00.
","history":"(Acts 1957, No. 311, p. 408, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31095,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30249,"codeId":344,"versionId":224,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-3","shortTitle":"Section 33-2-3","catchLine":"Acquisition, Construction, Maintenance, Operation, Etc., of Facilities; Plans and Survey; Limitation Upon Right of Eminent Domain.","title":"Section 33-2-3 Acquisition, Construction, Maintenance, Operation, Etc., of Facilities; Plans and Survey; Limitation Upon Right of Eminent Domain.","sectionRange":null,"content":"Through the Alabama State Docks Department, the state, in engaging in the works of internal improvements authorized by this article, shall have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip, control and operate along navigable rivers, streams or waterways and at river ports or landings along navigable rivers, streams or waterways now or hereafter existing within the state, wharves, piers, docks, quays, grain elevators, cotton compresses, warehouses, improvements and water and rail terminals and such structures and facilities as may be needful for convenient use of the same, in aid of commerce and use of navigable waterways of the state, to the fullest extent practical and as the State Docks Department shall deem desirable or proper. This authority shall include dredging of approaches to any facilities acquired, erected, maintained or operated pursuant to this article; provided, that before the State Docks Department shall exercise the authority invested in it hereby, the director of state docks shall first submit plans, including estimates of cost, prepared by competent engineers or architects, and a survey made by competent independent and professional engineers showing the economic feasibility of exercising its authority, to the Governor for his approval or disapproval in reference thereto, and, as to dredging, the state docks director shall likewise confer with proper United States authorities; provided, that the State Docks Department shall have no authority to condemn or acquire by exercise of the right of eminent domain any privately owned ports, terminal, docks or loading facilities located on any navigable river or stream except at the Port of Mobile.
","history":"(Acts 1957, No. 311, p. 408, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31096,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30250,"codeId":347,"versionId":228,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-4","shortTitle":"Section 33-2-4","catchLine":"Powers and Duties of Department Under Article Cumulative.","title":"Section 33-2-4 Powers and Duties of Department Under Article Cumulative.","sectionRange":null,"content":"All administration, supervision, authority and responsibility under this article and operations conducted hereunder, vested in the Alabama State Docks Department, shall be in addition to all power, duties and authority conferred on such department by this title or conferred pursuant to sections 33-1-1, 33-1-11 and 31-1-12, the intent of this article being that the authority, powers, responsibilities and duties imposed by this article shall be in addition to and supplemental to the powers, authority, responsibilities and duties conferred or imposed on said department by any other laws of this state.
","history":"(Acts 1957, No. 311, p. 408, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31097,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30251,"codeId":352,"versionId":231,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-5","shortTitle":"Section 33-2-5","catchLine":"Power of Eminent Domain Generally.","title":"Section 33-2-5 Power of Eminent Domain Generally.","sectionRange":null,"content":"There is hereby vested in the State Docks Department power of eminent domain in carrying out the provisions of this article, which power shall apply not only as to all property of private persons and corporations, except as limited in Section 33-2-3, but also as to property already devoted to public use; provided, that the State Docks Department shall have no authority to acquire without consent of the owner thereof by condemnation any property now operated and used for port purposes or such purposes as the State Docks Department is authorized to acquire and use property for, unless the necessity therefor be alleged and proved.
","history":"(Acts 1957, No. 311, p. 408, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31098,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30252,"codeId":354,"versionId":233,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-6","shortTitle":"Section 33-2-6","catchLine":"How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings.","title":"Section 33-2-6 How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings.","sectionRange":null,"content":"In acquiring rights-of-way and property necessary for the construction of railroads and structures, including railroad crossings, wharves, piers, elevators, compresses, warehouses, improvements and riparian and littoral terminals and structures and convenient approaches thereto in furtherance of the purposes of this article, the Alabama State Docks Department shall have the power to acquire same by gift, lease, purchase, negotiation or condemnation, and, in condemning property, it may proceed in any manner authorized by the general laws of the state for proceedings by any county, municipality or corporation organized under the laws of this state to acquire property by condemnation, subject to the restrictions contained in this article.
","history":"(Acts 1957, No. 311, p. 408, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31099,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30253,"codeId":356,"versionId":234,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-7","shortTitle":"Section 33-2-7","catchLine":"Department May Contract Current Indebtedness.","title":"Section 33-2-7 Department May Contract Current Indebtedness.","sectionRange":null,"content":"In any operations conducted under this article, the State Docks Department may contract such current indebtedness as is necessarily incident to the progress of the work in accordance with the terms of this article.
","history":"(Acts 1957, No. 311, p. 408, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31100,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30254,"codeId":357,"versionId":235,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-8","shortTitle":"Section 33-2-8","catchLine":"General Provisions Relative to Inland Waterways Improvement Bonds and Temporary Loans.","title":"Section 33-2-8 General Provisions Relative to Inland Waterways Improvement Bonds and Temporary Loans.","sectionRange":null,"content":"In order to provide funds for the purposes herein authorized, the Governor is hereby empowered to execute, with the concurrence of the director of state docks, and to sell the state’s bonds in such amounts, not exceeding in the aggregate the sum of $3,000,000.00 as may be necessary for said purposes, all under and subject to the following provisions: Said bonds shall be appropriately designated as inland waterways improvement bonds of the state. The bonds may be issued from time to time in one or more series and the bonds of each series shall be payable in substantially equal annual installments of principal and interest at such times as may be designated by the State Docks Department with approval of the Governor; provided, that the first installment of principal of the bonds of each series must mature not later than 10 years from the date of such series and the last installment of principal of the bonds of any series must mature not later than 50 years from such date; provided, that the determination by the State Docks Department that the requirements of this sentence have been complied with shall be conclusive of such compliances, and the purchasers of any of the bonds and all subsequent holders thereof shall be fully protected by such determination. Such bonds must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest net interest cost for the bonds being sold, computed to their respective maturities; provided, that if no bid acceptable to the Governor is received, all bids may be rejected; notice of each such sale shall be given by publication in either a financial journal or a financial newspaper published in the City of New York, New York and also by publication in a daily newspaper published in the State of Alabama, each of which notices must be published at least one time not less than 10 days prior to the date fixed for the sale. Such bonds shall be in denominations of $1,000.00, and multiples of $1,000.00, the number of each denomination in each lot of bonds executed to be determined by the State Docks Department with the consent of the Governor. The bonds shall be signed in the name of the state by the Governor, and the Great Seal of the State, or a facsimile thereof, shall be affixed thereto or engraved, lithographed or imprinted thereon and attested by the signature of the Secretary of State; provided, that the signature on any of the bonds of one but not both of said officials may be a facsimile signature. Any interest coupons applicable to the bonds and evidencing the payment of interest thereon shall be signed with the facsimile signature of the State Treasurer imprinted thereon. The bonds may be in either bearer or registered form either as to principal or interest or both, and the State Docks Department, with the approval of the Governor, is authorized to provide terms and conditions under which any of the bonds may be exchanged for like bonds of other denominations and may be converted from bearer bonds into registered bonds, either as to principal or interest or both, and converted from registered bonds into bearer bonds. The bonds of each series may, in the order under which they are issued, be made subject to redemption at the option of the State Docks Department on such dates and on such conditions and upon payment of such premium as may be prescribed in the order under which they are issued; provided, that each series of bonds having an installment of principal maturing more than 10 years after the date thereof shall be made subject to redemption prior to maturity, at the option of the State Docks Department, at the end of the term year following their date and semiannually thereafter, as a whole or in part in the inverse order of the numbers of the bonds of that series; and, provided further, that any redemption price required to be paid in order to effect any redemption of bonds prior to maturity shall not exceed the face value of each bond redeemed plus accrued interest thereon to the date fixed for redemption and a premium equal to one year’s interest on such bond. The bonds of each series shall bear interest at such rate or rates as may be fixed at the time of the sale thereof and shall be sold at not less than the face value thereof plus accrued interest thereon to the date of their delivery. The State Treasurer shall keep a complete record of all bonds issued under the authority of this article. Bonds issued in coupon form may be exchanged for fully registered bonds or bonds registered as to principal only. Coupon bonds and registered bonds shall be interchangeable. Upon issuance of a coupon bond for a registered bond, all matured and unearned coupons on said bond shall be by the State Treasurer first clipped from said bond and then cancelled. The Governor is authorized to prescribe regulations for the registration of bonds and the interchange of registered and coupon bonds and to fix reasonable charges for registration of bonds. The director of state docks, with the approval of the Governor, and subject to the requirements of this article, is authorized to prescribe the exact form in which bonds shall be issued and details as to terms. The State Treasurer shall keep a record of all registered bonds, including names and addresses of the respective holders thereof. Registered bonds may be transferred only by an appropriate change of registration in such manner and form as may be prescribed by the director of state docks and approved by the Governor. Interest on all registered bonds shall be payable by check or cash by the State Treasurer mailed to the address shown by the registration records. Interest on all coupon bonds and principal of all bonds shall be made payable in lawful currency of the United States at the state treasury or such other place or places as may be selected and named by the director of state docks with the approval of the Governor. Said bonds shall be emitted and sold only when and as funds are needed for the carrying out and accomplishing of a particular improvement or plan which has been submitted to and approved by the Governor as herein provided, or for the payment of temporary loans and interest under the provisions of this article. Each sale of bonds hereunder shall be for such amount as is reasonably necessary to pay interest and temporary loans as herein provided and to cover the cost of carrying out the plan or plans theretofore submitted to and approved by the Governor, it being intended to so provide that the improvement and development will be accomplished in such units or installments as the Alabama State Docks Department, with the approval of the Governor, shall allot, and to further provide that the obligations of the state hereby authorized shall be emitted only when necessary to supply the funds required for said purposes. The act of the State Docks Department and the Governor in offering any bonds for sale shall be conclusive evidence that the funds to be derived from the bond proceeds are actually needed at the time for the purposes for which bonds are herein authorized to be issued and that the proceeds of such bonds are intended only for the work of internal improvement in promoting, developing, constructing, maintaining and operating facilities along inland waterways of the State of Alabama pursuant to the provisions of the article or for payment of temporary loans and interest pursuant to the provisions of this article. Each issue of bonds shall be designated by a distinctive serial number, letter or other designation. Proceeds of all of said bonds issued and sold under the provisions hereof shall be paid into the State Treasury and kept by the State Treasurer in a separate account and in a separate fund and paid over to the Secretary-Treasurer of the State Docks Department from time to time in such amounts as shall be directed by the Governor as in his judgment the purposes of this article may require, and the money so paid over to the Secretary-Treasurer of the State Docks Department shall be held and used only for the accomplishment of the purposes of this article. The state, at the request of the State Docks Department and on approval by the Governor, may borrow from time to time such sums of money as the Governor may find to be immediately necessary in the general operation of facilities acquired pursuant to this article or in making the developments or improvements hereby authorized or for payment of interest on outstanding bonds or other indebtedness lawfully incurred; and the State Docks Department, subject to the approval of the Governor and acting by and under the director and secretary-treasurer, is hereby empowered to execute notes or like obligations of the state in its own name for all such sums so borrowed. No loans thus obtained shall be for more than six months or bear interest at a greater rate than six percent per annum, but they may be renewed from time to time as may be necessary. The proceeds of all loans so obtained shall be paid to the Secretary-Treasurer of the State Docks Department and be held and used only for the accomplishment of the purposes of this article. All temporary loans so obtained shall be repaid from and out of the proceeds of the next sale of bonds hereby authorized or other funds in the hands of the State Docks Department which may be available. At no time shall the amount of outstanding obligations of the state issued hereunder, including bonds, notes or other evidences of debt, exceed in the aggregate $3,000,000.00. The Secretary-Treasurer of the State Docks Department shall deposit such funds as are received by him as Secretary-Treasurer from time to time in such bank or banks as may be designated by the State Docks Department and approved by the Governor. The State Docks Department shall require that any bank or banks receiving such deposits shall secure the same by deposit of inland waterway improvement bonds authorized by this article or by state bonds of the State of Alabama or United States government securities. The State Docks Department and the Governor shall, if possible, require interest to be paid on such deposits carried in any bank or banks. The aggregate principal of all temporary loans made under the provisions of the article and outstanding at any one time shall not exceed $200,000.00.
","history":"(Acts 1957, No. 311, p. 408, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31101,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30255,"codeId":360,"versionId":236,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-9","shortTitle":"Section 33-2-9","catchLine":"Application of Proceeds of Facilities; Payment of Deficiency Where Proceeds Are Insufficient to Cover Expenses.","title":"Section 33-2-9 Application of Proceeds of Facilities; Payment of Deficiency Where Proceeds Are Insufficient to Cover Expenses.","sectionRange":null,"content":"The proceeds of the handling and operation of improvements and facilities constructed pursuant to this article shall be applied as follows: All expenses of carrying out the purposes of this article shall be paid from said proceeds. Not less than 30 days before each semiannual date upon which interest matures on the bonds hereby authorized, or any installment of principal matures, the Secretary-Treasurer of the State Docks Department shall pay to the state treasury from receipts of facilities constructed pursuant to this article an amount sufficient to cover such installment of interest or principal, and therefrom the State Treasurer shall pay such interest or principal. If the receipts of the State Docks Department from facilities constructed pursuant to this article are insufficient to cover any expenses herein provided for or any installment of interest or principal, the deficiency may be paid from the proceeds of any sale of bonds hereby authorized; provided, that such use of the said proceeds shall be limited to the payment of expenses and interest on bonds for only the first three years after completion and putting into operation of the unit or units or improvement or improvements acquired with the proceeds of such bonds, or the amount necessary for the payment of such interest may be obtained from temporary loans negotiated therefor as hereinbefore authorized. It is intended to so provide that all of the revenues and income arising from operations authorized by this article and from all property acquired under the provisions of this article shall be devoted to the payment of expenses of such operation, to the payment of interest upon the bonds issued pursuant to this article, and other payment of principal of such bonds as they respectively mature, thus relieving other revenues of the state docks department, or other revenues of the state, from any burden in that behalf unless the aforesaid income shall be insufficient for the purposes mentioned. The State Docks Department may retain from the moneys coming into its hands from any facility obtained pursuant to this article such amounts as may be reasonably required for operating capital for facilities and improvements constructed pursuant to this article, and all amounts so retained shall be deemed to be an operating expense within the meaning of this article.
","history":"(Acts 1957, No. 311, p. 408, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31102,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30256,"codeId":363,"versionId":238,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-10","shortTitle":"Section 33-2-10","catchLine":"Cost of Each Unit to Be Ascertained, Etc.; Sinking Fund.","title":"Section 33-2-10 Cost of Each Unit to Be Ascertained, Etc.; Sinking Fund.","sectionRange":null,"content":"Immediately upon the completion of each unit of development along its inland waterway system acquired or erected pursuant to this article, the director of the Alabama State Docks Department shall ascertain the cost of such unit, which cost shall be entered in the accounts kept by the State Docks Department as a charge against capital account for that unit. After the first 12 months from the completion of each unit pursuant to this article, one half of one percent of the cost thereof, not exceeding one half of the gross income thereof during each month, shall at the end of the month be credited to an account designated “sinking fund” and shall be used from time to time only for the purpose of paying interest charges and of retiring, by repurchase, bonds issued pursuant to this article at not more than par or by paying them off as the same mature, until all bonds issued pursuant to this article shall have been retired; provided, that whenever the sinking fund thus created shall exceed the bonds outstanding plus interest charges maturing within the next 24 months, then the surplus shall be available for use in future development and improvements pursuant to this article.
","history":"(Acts 1957, No. 311, p. 408, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31103,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30257,"codeId":367,"versionId":241,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-11","shortTitle":"Section 33-2-11","catchLine":"Faith and Credit of State Pledged to Payment of Bonds.","title":"Section 33-2-11 Faith and Credit of State Pledged to Payment of Bonds.","sectionRange":null,"content":"For the payment of both the principal and interest of all bonds issued under the authority of this article according to their tenor, the full faith and credit of the State of Alabama is hereby pledged. If the funds supplied by the Alabama State Docks Department to the State Treasurer from the sources prescribed by this article are insufficient to fully pay at maturity any installment of interest on said bonds or to pay at maturity the principal of said bonds, then the deficiency shall be paid by the State Treasurer from any funds in the state treasury not otherwise appropriated.
","history":"(Acts 1957, No. 311, p. 408, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31104,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30258,"codeId":369,"versionId":243,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-12","shortTitle":"Section 33-2-12","catchLine":"Rates and Charges for Use of Facilities.","title":"Section 33-2-12 Rates and Charges for Use of Facilities.","sectionRange":null,"content":"In order to enable the operations established under this article to earn funds to pay operating expenses and interest on the bonds and to create a sinking fund for the retirement of the bonds, the said Alabama State Docks Department shall have the right and power to fix from time to time reasonable rates of charges for services to all persons using said facilities.
","history":"(Acts 1957, No. 311, p. 408, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31105,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30259,"codeId":373,"versionId":244,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-13","shortTitle":"Section 33-2-13","catchLine":"Department to Make Reports to Legislature.","title":"Section 33-2-13 Department to Make Reports to Legislature.","sectionRange":null,"content":"The State Docks Department shall make to each regular session of the Legislature a report showing the indebtedness of the state created under this article, the property acquired, the facilities owned, the results of the operation and such other information as may be necessary to fully advise the Legislature of the status and progress of the improvement and development hereby authorized.
","history":"(Acts 1957, No. 311, p. 408, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31106,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30260,"codeId":376,"versionId":246,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-14","shortTitle":"Section 33-2-14","catchLine":"Exercise of Authority by Governor and Department; Evidence of Approval and Consent of Governor and Department.","title":"Section 33-2-14 Exercise of Authority by Governor and Department; Evidence of Approval and Consent of Governor and Department.","sectionRange":null,"content":"The Governor and the State Docks Department, respectively, are hereby directed and required to exercise the power and authority by this article conferred upon them, respectively, to whatever extent is necessary to the accomplishment of the improvement and development hereby authorized. Any approval or consent by the Governor required by this article shall be sufficiently evidenced by a certificate to that effect signed by the Governor and filed in the office of the State Treasurer, and approval or consent by the State Docks Department shall be sufficiently shown by a certificate signed by the director of state docks and attested by the Secretary-Treasurer of the Alabama State Docks Department and filed in the office of the State Treasurer.
","history":"(Acts 1957, No. 311, p. 408, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31107,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30261,"codeId":377,"versionId":247,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-15","shortTitle":"Section 33-2-15","catchLine":"No Prior Indebtedness to Be Paid from Funds Received.","title":"Section 33-2-15 No Prior Indebtedness to Be Paid from Funds Received.","sectionRange":null,"content":"No indebtedness heretofore incurred by the Alabama State Docks Department shall be paid out of any of the funds received by the department pursuant to this article.
","history":"(Acts 1957, No. 311, p. 408, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31108,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30262,"codeId":380,"versionId":250,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-16","shortTitle":"Section 33-2-16","catchLine":"Revocation and Suspension of Licenses to Occupy State Property.","title":"Section 33-2-16 Revocation and Suspension of Licenses to Occupy State Property.","sectionRange":null,"content":"Any license heretofore granted by the State of Alabama, either expressly or by implication permitting the upland owner to occupy any part of the space between the high-water mark and the low-water mark of any navigable waterway of this state or along the banks of any river, stream or waterway now or hereafter along the waterway of this state, may be revoked by the State Docks Department whenever the department shall determine to make use of such property for purposes contemplated by this article or may be suspended pending investigation and decision as to whether such use shall be made; provided, that when such property has been or shall have been already improved by the upland owner, his license to maintain the improvement and to exercise such control thereover as may be conferred upon him by a license from the state shall not be revoked or suspended otherwise than by exercise of eminent domain as long as such owner shall occupy such property with improvements appropriate to and devoted to the use of such property as a facility to commerce as contemplated by the license. Whenever the State Docks Department shall determine that any part of the property of the state is being occupied under a license from the state, but that the improvements thereon are not being so maintained and used as facilities to commerce as reasonably to serve the purpose for which the license was granted, and it is desirable that this land should be improved by the State Docks Department, then the State Docks Department may call upon such owner of the improvements to put the same in such condition as reasonably to serve as such facilities to commerce within the purpose of the license under which they were erected. If the owner shall fail to comply with such request within a reasonable time, then the State Docks Department may file a complaint in the circuit court of the circuit in which the land is situated for the cancellation of such license. If, upon final hearing, it shall be determined by the court that said property is being occupied in violation of the intent and purpose of the license, then the court shall by its judgment cancel the same, and the State Docks Department shall be entitled to proceed with the improvement thereof; provided, that the use of such improvement by the upland owner shall in no event be disturbed until the State Docks Department is ready to begin the improvement of the land so occupied thereby under the terms of this article.
","history":"(Acts 1957, No. 311, p. 408, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31109,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30263,"codeId":383,"versionId":253,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-17","shortTitle":"Section 33-2-17","catchLine":"Bonds and Interest Exempt from Taxation.","title":"Section 33-2-17 Bonds and Interest Exempt from Taxation.","sectionRange":null,"content":"Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the State of Alabama or any political subdivision thereof.
","history":"(Acts 1957, No. 311, p. 408, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31110,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30264,"codeId":386,"versionId":256,"parentId":337,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-18","shortTitle":"Section 33-2-18","catchLine":"Article Cumulative; Legislative Intent.","title":"Section 33-2-18 Article Cumulative; Legislative Intent.","sectionRange":null,"content":"Nothing in this article shall be construed to alter, amend or repeal any act or part of any act now in force in this state or hereafter in force which is not in direct conflict with this article. The Legislature declares that it is the legislative intent that this article shall supplement, complement and enlarge upon all acts in this state covering or affecting the Alabama State Docks Department and that the Legislature intends by this article to authorize and provide for the further development of inland navigable waterways of this state, in aid of commerce and trade and under the supervision, control and direction of the state at all times acting through its State Docks Department.
","history":"(Acts 1957, No. 311, p. 408, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31111,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30265,"codeId":395,"versionId":null,"parentId":334,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"1959 Provisions for Facilities Along Inland Waterways.","title":"Article 2 1959 Provisions for Facilities Along Inland Waterways.","sectionRange":"§33-2-30 to §33-2-44","content":null,"history":null,"numChildren":15,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31112,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30266,"codeId":396,"versionId":263,"parentId":395,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-30","shortTitle":"Section 33-2-30","catchLine":"Definitions.","title":"Section 33-2-30 Definitions.","sectionRange":null,"content":"The words and phrases hereinafter set forth, wherever used in this article, shall have the respective meanings hereinafter ascribed to them. These definitions shall include both the singular and the plural.
(1) 1957 DOCKS AMENDMENT. Amendment 116 of the Constitution of Alabama.
(2) THE STATE. The State of Alabama.
(3) THE DEPARTMENT. The Alabama State Docks Department and any department or agency of the state that may succeed to its duties.
(4) DOCK FACILITIES. Docks and all kinds of dock facilities, including elevators, warehouses, water and rail terminals, wharves, piles, quays, compresses and other related structures, facilities and improvements that may be needed for the convenient use of the same.
(5) 1957 DOCKS ACT. Article 1 of this chapter.
(6) THE BONDS. Those bonds issued under this article.
(7) UNIT OF DEVELOPMENT. Any one or more dock facilities acquired pursuant to the provisions of either this article or the 1957 Docks Act which may be designated by the department as a unit of development for the purposes of this article; provided, that several dock facilities may be together designated as one unit of development only if they are contiguous to each other or closely related for purposes of use and operation.
","history":"(Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31113,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30267,"codeId":399,"versionId":266,"parentId":395,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-31","shortTitle":"Section 33-2-31","catchLine":"Dock Facilities at Additional Cost of $3,500,000.00 Authorized.","title":"Section 33-2-31 Dock Facilities at Additional Cost of $3,500,000.00 Authorized.","sectionRange":null,"content":"In addition to the authority granted to the state by the provisions of any other law, the state is hereby expressly authorized and empowered, at an additional cost to the state of not exceeding $3,500,000.00, to engage in works of internal improvement by promoting, developing, constructing, maintaining and operating along navigable rivers, streams or waterways now or hereafter existing within the state, all manner of dock facilities, in aid of commerce and use of the waterways of this state, all pursuant to the provisions of the 1957 Docks Amendment. All such works, improvements and facilities shall always be and remain under the management and control of the department. The department shall be the agency of the state by which the state shall accomplish the acquisition, construction, maintenance and operation of dock facilities hereunder and shall, in general, accomplish the purposes of this article.
","history":"(Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31114,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30268,"codeId":401,"versionId":268,"parentId":395,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-32","shortTitle":"Section 33-2-32","catchLine":"Authorized Cost Additional; Total Cost to State.","title":"Section 33-2-32 Authorized Cost Additional; Total Cost to State.","sectionRange":null,"content":"The authorization herein granted to the state of engaging in the aforesaid works of internal improvement at a cost of not exceeding $3,500,000.00 is in addition to the authorization in the amount of $3,000,000.00 granted by the 1957 Docks Act, thus bringing to the aggregate sum of $6,500,000.00 the total authorization presently and heretofore granted by the Legislature pursuant to the provisions of the 1957 Docks Amendment. The use of revenues derived from operation of dock facilities shall not be deemed the incurring of cost by the state within the meaning of this section.
","history":"(Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31115,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30269,"codeId":405,"versionId":271,"parentId":395,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-33","shortTitle":"Section 33-2-33","catchLine":"Authority to Acquire, Construct, Maintain, Etc., New Facilities; Completion of Facilities Acquired Under 1957 Act; Plans and Survey; Approval of Governor; Permit or Consent from Federal Authorities.","title":"Section 33-2-33 Authority to Acquire, Construct, Maintain, Etc., New Facilities; Completion of Facilities Acquired Under 1957 Act; Plans and Survey; Approval of Governor; Permit or Consent from Federal Authorities.","sectionRange":null,"content":"The state, acting through the department, shall, in engaging in the works of internal improvement authorized by this article, have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip, control and operate along navigable rivers, streams or waterways now or hereafter existing within the state, and at river ports or landings along such navigable rivers, streams or waterways, dock facilities of all kinds, in aid of commerce and use of navigable waterways of the state, to the fullest extent practicable and to such extent as the department shall deem desirable or proper. The authority herein granted shall include the completion of any dock facilities originally acquired under the provisions of the 1957 Docks Act, and also the dredging of approaches to any dock facilities acquired, erected, maintained or operated pursuant to this article or the 1957 Docks Act. Before the department shall exercise the authority vested in it hereby with respect to any dock facilities or any dredging of the approaches thereto, the department shall first submit plans, including estimates of cost, prepared by competent engineers or architects, and a survey made by competent independent and professional engineers showing the economic feasibility of the proposal envisaged by such plans, to the Governor for his approval or disapproval. In the event of the Governor’s disapproval, the plans shall either be abandoned or be revised and again submitted to the Governor for his approval or disapproval. Prior to the commencement of any construction, dredging or other work hereunder for which a permit from, or the consent of, any United States authorities may be required by law, the department shall obtain the requisite permit or consent.
","history":"(Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31116,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30270,"codeId":407,"versionId":273,"parentId":395,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-34","shortTitle":"Section 33-2-34","catchLine":"Authority, Etc., of Department Under Article Cumulative.","title":"Section 33-2-34 Authority, Etc., of Department Under Article Cumulative.","sectionRange":null,"content":"All administration, supervision, authority and responsibility under this article and operations conducted hereunder, vested in the department, shall be in addition to all power, duties and authority conferred on the department by any other statute, it being the intent of this article that the authority, powers, responsibilities and duties imposed by this article shall be in addition to and supplemental of the powers, authority, responsibilities and duties conferred or imposed on the department by any other laws of the state.
","history":"(Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31117,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30271,"codeId":408,"versionId":274,"parentId":395,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-35","shortTitle":"Section 33-2-35","catchLine":"How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings.","title":"Section 33-2-35 How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings.","sectionRange":null,"content":"In acquiring rights-of-way and property necessary for the construction of dock facilities and convenient approaches thereto in furtherance of the purposes of this article, the department shall have the power to acquire same by gift, lease, purchase, negotiation or condemnation. The department shall have all powers with respect to the condemnation of properties for the purposes of this article that were granted to that department in the 1957 Docks Act with respect to the condemnation of properties for the purposes of the 1957 Docks Act; and the exercise of such powers hereunder shall be subject to all limitations and conditions prescribed in the 1957 Docks Act.
","history":"(Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31118,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30272,"codeId":412,"versionId":277,"parentId":395,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-36","shortTitle":"Section 33-2-36","catchLine":"Department May Contract Current Indebtedness.","title":"Section 33-2-36 Department May Contract Current Indebtedness.","sectionRange":null,"content":"In any operations conducted under this article the department may contract such current indebtedness as is necessarily incident to the progress of the work in accordance with the terms of this article.
","history":"(Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31119,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30273,"codeId":414,"versionId":279,"parentId":395,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-37","shortTitle":"Section 33-2-37","catchLine":"General Provisions Relative to Additional Inland Waterways Improvement Bonds.","title":"Section 33-2-37 General Provisions Relative to Additional Inland Waterways Improvement Bonds.","sectionRange":null,"content":"In order to provide funds for the purposes of this article, there are hereby authorized to be sold and issued bonds of the state not exceeding $3,500,000.00 in aggregate principal amount, under and subject to the provisions hereinafter set forth. The bonds shall be designated as inland waterways improvement bonds of the state. The bonds shall be general obligations of the state, for payment of the principal of and interest on which the full faith and credit of the state are hereby irrevocably pledged. The bonds may be issued from time to time in one or more series, shall bear an appropriate series designation, shall be in such form and denominations and of such tenor and maturities, shall bear such rate or rates of interest payable in such manner, may contain provisions for redemption prior to maturity, and may contain other provisions not inconsistent herewith, all as shall be set forth in an order or resolution of the department; provided, that the first installment of principal of the bonds of each series must mature not later than 10 years from the date of such series and the last installment of principal of the bonds of any series must mature not later than 30 years from such date; and, provided further, that any of the bonds having a stated maturity more than five years after its date shall be made subject to redemption at the option of the state at the end of the fifth year after the date of such bond and on any interest payment date thereafter under such terms and conditions as may be provided in the order or resolution whereunder such bond is authorized to be issued. The bonds shall be signed in the name of the state by either the facsimile or manually subscribed signatures of the Governor or the director of the department, and the Great Seal of the State, or a facsimile thereof, shall be affixed thereto or engraved, lithographed or imprinted thereon and attested by either the facsimile or manually subscribed signature of the Secretary of State; provided, that the signature on the bonds of any one of the said officials shall be subscribed manually thereon. The bonds may be in either bearer or registered form, either as to principal or interest or both. Interest on the bonds shall be payable semiannually, interest on coupon bonds being evidenced by interest coupons attached thereto, each of which coupons shall be authenticated by the facsimile signature of the State Treasurer imprinted thereon. Bonds issued in coupon form may be exchanged for fully registered bonds or bonds registered as to principal only. Coupon bonds and registered bonds shall be interchangeable; and upon issuance of a coupon bond for a registered bond, all matured and unearned coupons on said bond shall be by the State Treasurer first clipped from said bond and then cancelled. Regulations for the registration of bonds and for interchange of registered and coupon bonds shall be set forth in the order or resolution authorizing the issuance of such bonds. The State Treasurer shall maintain a record of all of the bonds issued hereunder, and shall maintain a separate record of all of the bonds that are registered, including a record of the names and addresses of the registered holders thereof. No order or resolution providing for the authorization or sale of any of the bonds shall become effective until approved by the Governor. The action of the department in adopting an order or resolution authorizing the sale of any of the bonds, and the action of the Governor in approving such order or resolution, shall be conclusive evidence that the funds to be derived from the bonds so authorized to be sold are actually needed at the time for the purposes for which bonds are herein authorized to be issued and that the proceeds of such bonds are intended only for such purposes.
","history":"(Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31120,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30274,"codeId":418,"versionId":282,"parentId":395,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-38","shortTitle":"Section 33-2-38","catchLine":"Requirements for Sale of Bonds.","title":"Section 33-2-38 Requirements for Sale of Bonds.","sectionRange":null,"content":"The bonds must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest net interest cost to the state for the bonds being sold, computed to their respective maturities; provided, that if no bid acceptable to the department and the Governor is received all bids may be rejected. Notice of each such sale shall be given by publication in either a financial journal or a financial newspaper published in the City of New York, New York, and also by publication in a newspaper published in the state which is customarily published not less often than six days during each calendar week, each of which notices must be published at least one time not less than 10 days prior to the date fixed for the sale. The department may fix the terms and conditions under which each such sale may be held; provided, that none of the bonds may be sold for a price less than the face value thereof; and, provided further, that such terms and conditions shall not conflict with any of the requirements of this article.
","history":"(Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31121,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30275,"codeId":421,"versionId":285,"parentId":395,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-39","shortTitle":"Section 33-2-39","catchLine":"Disposition of Proceeds from Sale of Bonds.","title":"Section 33-2-39 Disposition of Proceeds from Sale of Bonds.","sectionRange":null,"content":"The proceeds from the sale of any of the bonds shall be paid into the state treasury and kept by the State Treasurer in a separate account and paid over to the secretary-treasurer of the department from time to time in such amounts as shall be directed by the Governor and the money so paid over to the secretary-treasurer of the department shall be held and used only for the accomplishment of the purposes of this article, and specifically for payment of the cost of acquiring, by construction or otherwise, maintaining and operating, or any of them, dock facilities along navigable streams and waterways now or hereafter existing within the state, in aid of commerce and use of navigable waterways of the state. The cost of acquiring any dock facilities shall be deemed to include, inter alia, (1) fees of engineers and attorneys and other expenses incidental to such acquisition; (2) the cost of issuing those of the bonds that may be issued to provide funds for such acquisition; and (3) interest on such bonds during such period of time, not exceeding three years from the date of the completion of said dock facilities, as may be specified in the order or resolution authorizing the issuance of such bonds as the period of time estimated by the department to be required for placing the said dock facilities in profitable operation.
","history":"(Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31122,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30276,"codeId":424,"versionId":288,"parentId":395,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-40","shortTitle":"Section 33-2-40","catchLine":"Application of Revenues from Dock Facilities.","title":"Section 33-2-40 Application of Revenues from Dock Facilities.","sectionRange":null,"content":"The proceeds derived from the operation of each unit of development acquired or constructed pursuant to the provisions of this article shall be applied for the following purposes in the following order: (1) Payment of the expenses of operating dock facilities acquired, constructed or operated pursuant to the provisions of this article; (2) payment at their respective maturities of the principal of and interest on any bonds issued pursuant to the provisions of this article; (3) establishment and maintenance of a sinking fund for retirement of any bonds issued pursuant to the provisions of this article, into which there shall be paid monthly, beginning at the end of the first 12 months following the completion of each unit of development acquired or constructed hereunder, one half of one per cent of the cost of each such unit of development, not exceeding, however, one half of the gross income of such unit of development received during the month preceding the making of such monthly payment. The proceeds from each unit of development acquired, constructed or operated pursuant to the provisions of this article remaining after compliance with the foregoing sentence shall be used for such of the following purposes as may from time to time be designated by the department: (1) Payment of expenses of operating any dock facility or facilities constructed pursuant to the provisions of the 1957 Docks Amendment; and (2) payment at their respective maturities of the principal of and interest on any bonds at any time issued pursuant to the 1957 Docks Amendment. With respect to the revenues from any dock facilities, the acquisition, construction or operation of which was financed in part with bonds issued under the 1957 Docks Act and in part with bonds issued under this article, the provisions of this section shall be subject to the provisions of Sections 33-2-9 and 33-2-10. The retention by the department of such revenues as may be reasonably required for operating capital for dock facilities acquired, constructed or operated pursuant to the provisions of this article shall be deemed a retention of moneys for operating expenses within the meaning of this section. Moneys in the sinking fund provided for in this section shall be used only for the purpose of retirement of the bonds, either by payment of the principal thereof or the interest thereon at their respective maturities, redemption of the bonds prior to maturity pursuant to any redemption provisions that may be contained in the order or resolution whereunder such bonds are issued, or purchase of any of the bonds for cancellation and retirement at a purchase price not exceeding the face value thereof plus a premium equal to 12 months’ interest thereon; provided, that pending use of moneys in said sinking fund for the purposes specified in this sentence such moneys may, in the discretion of the department with the approval of the Governor, be invested in securities which are direct general obligations of the United States.
","history":"(Acts 1959, 2nd Ex. Sess, No. 98, p. 288, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31123,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30277,"codeId":427,"versionId":290,"parentId":395,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-41","shortTitle":"Section 33-2-41","catchLine":"Separate Records as to Each Unit of Development.","title":"Section 33-2-41 Separate Records as to Each Unit of Development.","sectionRange":null,"content":"The department shall establish and maintain a separate record with respect to each unit of development that may have been or may be acquired, constructed or operated in whole or in part under the provisions of this article or the 1957 Docks Act. Each such separate record shall show: (1) The total amount of the capital investment in each such unit of development, including the amount of such capital investment derived from the proceeds of the bonds issued hereunder or under the 1957 Docks Act, and the amount, if any, of the said capital investment derived from any other source; (2) the expenses of operating each such unit of development; and (3) the gross revenues derived from the operation of each such unit of development. In the event any proceeds from bonds issued either under this article or the 1957 Docks Act shall be used to pay any of the operating expenses of any unit of development, the amount of bond proceeds so used shall be deemed a part of the capital investment in such unit of development.
","history":"(Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31124,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30278,"codeId":429,"versionId":292,"parentId":395,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-42","shortTitle":"Section 33-2-42","catchLine":"Rates and Charges for Use of Facilities.","title":"Section 33-2-42 Rates and Charges for Use of Facilities.","sectionRange":null,"content":"The department shall have the right and power to fix from time to time and to collect reasonable rates and charges for services rendered by, and for the use of, dock facilities acquired, constructed or operated pursuant to the provisions of this article.
","history":"(Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31125,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30279,"codeId":431,"versionId":294,"parentId":395,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-43","shortTitle":"Section 33-2-43","catchLine":"Revocation or Cancellation of Licenses to Occupy State Property.","title":"Section 33-2-43 Revocation or Cancellation of Licenses to Occupy State Property.","sectionRange":null,"content":"Any license heretofore granted by the state, either expressly or by implication, permitting the upland owner to occupy any part of the space between the high-water mark and the low-water mark of any navigable waterway of this state, or along the banks of any river, stream or waterway of this state, may be revoked or cancelled by the department in the same manner and subject to the same conditions as those set forth in sSction 33-2-16.
","history":"(Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31126,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30280,"codeId":434,"versionId":297,"parentId":395,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-44","shortTitle":"Section 33-2-44","catchLine":"Bonds and Interest Exempt from Taxation.","title":"Section 33-2-44 Bonds and Interest Exempt from Taxation.","sectionRange":null,"content":"Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the state of Alabama or any political subdivision thereof.
","history":"(Acts 1959, 2nd Ex. Sess., No. 98, p. 288, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31127,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30281,"codeId":442,"versionId":null,"parentId":334,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"1961 Provisions for Facilities Along Inland Waterways.","title":"Article 3 1961 Provisions for Facilities Along Inland Waterways.","sectionRange":"§33-2-60 to §33-2-77","content":null,"history":null,"numChildren":18,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31128,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30282,"codeId":443,"versionId":303,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-60","shortTitle":"Section 33-2-60","catchLine":"Definitions.","title":"Section 33-2-60 Definitions.","sectionRange":null,"content":"The words and phrases hereinafter set forth, wherever used in this article, shall have the respective meanings hereinafter ascribed to them. These definitions shall include both the singular and the plural.
(1) 1957 DOCKS AMENDMENT. Amendment 116 of the Constitution of Alabama.
(2) THE STATE. The State of Alabama.
(3) THE DEPARTMENT. The Alabama State Docks Department and any department or agency of the state that may succeed to its duties.
(4) DOCK FACILITIES. Docks and all kinds of dock facilities, including elevators, warehouses, water and rail terminals, wharves, piles, quays, compresses, storm haven facilities for all types of watercraft, channels between navigable waterways of the state for the purpose of connecting such waterways and aiding the use thereof and other related structures, facilities and improvements that may be needed for the convenient use of the same.
(5) 1957 DOCKS ACT. Article 1 of this chapter.
(6) 1959 DOCKS ACT. Article 2 of this chapter.
(7) THE BONDS. Those issued hereunder.
(8) UNIT OF DEVELOPMENT. Any one or more dock facilities acquired pursuant to the provisions of either this article or the 1957 Docks Act or the 1959 Docks Act which may be designated by the department as a unit of development for the purposes of this article; provided, that several dock facilities may be together designated as one unit of development only if they are contiguous to each other or closely related for purposes of use and operation.
(9) FISCAL YEAR. The fiscal year of the department.
(10) INLAND WATERWAYS FACILITIES. All dock facilities at any time acquired or constructed pursuant to the provisions of the 1957 Docks Amendment.
(11) OPERATING DEFICIT OF THE INLAND WATERWAYS FACILITIES. The sum, if any there be, by which the gross revenues derived from the operation of the inland waterways facilities during any fiscal year may be exceeded by the total of all expenses, excluding any deductions for depreciation, incurred during the same fiscal year in the operation of the inland waterways facilities and in the maintenance thereof in good operating condition.
(12) PORT OF MOBILE FACILITIES. The facilities of all kinds known as the state docks owned by the state and operated by the department at the Port of Mobile.
(13) SURPLUS REVENUES OF THE PORT OF MOBILE FACILITIES. The gross revenues derived from the operation of the Port of Mobile facilities remaining at the end of any fiscal year after there shall have been deducted therefrom all expenses (excluding any deductions for depreciation), incurred during the same fiscal year in the operation of the Port of Mobile facilities and the maintenance thereof in good operating condition, and all payments required to be made during such fiscal year in order to comply with: a. Sinking fund requirements for the Alabama harbor improvement bonds at the time outstanding which were heretofore issued by the state for the development of the Port of Mobile facilities, b. the obligations and agreements on the part of the department under any lease agreement at the time in effect which may have theretofore been made by the department for the rental of facilities located or for use at the Port of Mobile, and c. the obligations and agreements on the part of the department which may have been made in any order of the department providing for the issuance of any revenue bonds at the time outstanding and which were theretofore issued by the department with respect to the Port of Mobile facilities.
","history":"(Acts 1961, No. 716, p. 1014, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31129,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30283,"codeId":446,"versionId":306,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-61","shortTitle":"Section 33-2-61","catchLine":"Dock Facilities at Additional Cost of $1,500,000.00 Authorized.","title":"Section 33-2-61 Dock Facilities at Additional Cost of $1,500,000.00 Authorized.","sectionRange":null,"content":"In addition to the authority granted to the state by the provisions of any other law, the state is hereby expressly authorized and empowered, at an additional cost to the state of not exceeding $1,500,000.00, to engage in works of internal improvement by promoting, developing, constructing, maintaining and operating along navigable rivers, streams or waterways now or hereafter existing within the state, all manner of dock facilities, in aid of commerce and use of the waterways of this state, all pursuant to the provisions of the 1957 Docks Amendment. All such works, improvements and facilities shall always be and remain under the management and control of the department. The department shall be the agency of the state by which the state shall accomplish the acquisition, construction, maintenance and operation of dock facilities hereunder and shall, in general, accomplish the purposes of this article.
","history":"(Acts 1961, No. 716, p. 1014, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31130,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30284,"codeId":449,"versionId":308,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-62","shortTitle":"Section 33-2-62","catchLine":"Authorized Cost Additional; Total Cost to State.","title":"Section 33-2-62 Authorized Cost Additional; Total Cost to State.","sectionRange":null,"content":"The authorization herein granted to the state of engaging in the aforesaid works of internal improvement at a cost of not exceeding $1,500,000.00 is in addition to the authorization in the amount of $3,000,000.00 granted by the 1957 Docks Act, and to the authorization in the amount of $3,500,000.00 granted by the 1959 Docks Act, thus bringing to the aggregate sum of $8,000,000.00 the total authorization presently and heretofore granted by the legislature pursuant to the provisions of the 1957 Docks Amendment. The use of revenues derived from operation of dock facilities shall not be deemed the incurring of cost by the state within the meaning of this section.
","history":"(Acts 1961, No. 716, p. 1014, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31131,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30285,"codeId":451,"versionId":311,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-63","shortTitle":"Section 33-2-63","catchLine":"Authority to Acquire, Construct, Maintain, Etc., New Facilities; Completion of Facilities Acquired Under 1957 and 1959 Acts; Plans and Survey; Approval of Governor; Permit or Consent from Federal Authorities.","title":"Section 33-2-63 Authority to Acquire, Construct, Maintain, Etc., New Facilities; Completion of Facilities Acquired Under 1957 and 1959 Acts; Plans and Survey; Approval of Governor; Permit or Consent from Federal Authorities.","sectionRange":null,"content":"The state, acting through the department, shall, in engaging in the works of internal improvement authorized by this article, have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip, control and operate along navigable rivers, streams or waterways now or hereafter existing within the state, and at river ports or landings along such navigable rivers, streams or waterways, dock facilities of all kinds, in aid of commerce and use of navigable waterways of the state, to the fullest extent practicable and to such extent as the department shall deem desirable or proper. The authority herein granted shall include the completion of any dock facilities originally acquired under the provisions of the 1957 Docks Act, or the 1959 Docks Act; and also the dredging of approaches to any dock facilities, acquired, erected, maintained or operated pursuant to this article or the 1957 Docks Act or the 1959 Docks Act. Before the department shall exercise the authority vested in it hereby with respect to any dock facilities or any dredging of the approaches thereto, the department shall first submit plans, including estimates of cost, prepared by competent engineers or architects, and a survey made by competent independent and professional engineers showing the economic feasibility of the proposal envisaged by such plans, to the Governor for his approval or disapproval. In the event of the Governor’s disapproval, the plans shall either be abandoned or be revised and again submitted to the Governor for his approval or disapproval. Prior to the commencement of any construction, dredging or other work hereunder for which a permit from, or the consent of, any United States authorities may be required by law, the department shall obtain the requisite permit or consent.
","history":"(Acts 1961, No. 716, p. 1014, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31132,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30286,"codeId":455,"versionId":314,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-64","shortTitle":"Section 33-2-64","catchLine":"Authority, Etc., of Department Under Article Cumulative.","title":"Section 33-2-64 Authority, Etc., of Department Under Article Cumulative.","sectionRange":null,"content":"All administration, supervision, authority and responsibility under this article and operations conducted hereunder, vested in the department, shall be in addition to all power, duties and authority conferred on the department by any other statute, it being the intent of this article that the authority, powers, responsibilities and duties imposed by this article shall be in addition to and supplemental of the powers, authority, responsibilities and duties conferred or imposed on the department by any other laws of the state.
","history":"(Acts 1961, No. 716, p. 1014, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31133,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30287,"codeId":457,"versionId":317,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-65","shortTitle":"Section 33-2-65","catchLine":"How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings.","title":"Section 33-2-65 How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings.","sectionRange":null,"content":"In acquiring rights-of-way and property necessary for the construction of dock facilities and convenient approaches thereto in furtherance of the purposes of this article, the department shall have the power to acquire same by gift, lease, purchase, negotiation or condemnation. The department shall have all powers with respect to the condemnation of properties for the purposes of this article that were granted to that department in the 1957 Docks Act; and the exercise of such powers hereunder shall be subject to all limitations and conditions prescribed in the 1957 Docks Act.
","history":"(Acts 1961, No. 716, p. 1014, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31134,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30288,"codeId":460,"versionId":320,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-66","shortTitle":"Section 33-2-66","catchLine":"Department May Contract Current Indebtedness.","title":"Section 33-2-66 Department May Contract Current Indebtedness.","sectionRange":null,"content":"In any operations conducted under this article, the department may contract such current indebtedness as is necessarily incident to the progress of the work in accordance with the terms of this article.
","history":"(Acts 1961, No. 716, p. 1014, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31135,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30289,"codeId":463,"versionId":323,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-67","shortTitle":"Section 33-2-67","catchLine":"General Provisions Relative to Additional Inland Waterways Improvement Bonds.","title":"Section 33-2-67 General Provisions Relative to Additional Inland Waterways Improvement Bonds.","sectionRange":null,"content":"In order to provide funds for the purposes of this article, there are hereby authorized to be sold and issued bonds of the state not exceeding $1,500,000.00 in aggregate principal amount, under and subject to the provisions hereinafter set forth. The bonds shall be designated as inland waterway improvement bonds of the state. The bonds shall be general obligations of the state, for payment of the principal of and interest on which the full faith and credit of the state are hereby irrevocably pledged. The bonds may be issued from time to time in one or more series, shall bear an appropriate series designation, shall be in such form and denominations and of such tenor and maturities, shall bear such rate or rates of interest payable in such manner, may contain provisions for redemption prior to maturity, and may contain other provisions not inconsistent herewith, all as shall be set forth in an order or resolution of the department; provided, that the first installment of principal of the bonds of each series must mature not later than 10 years from the date of such series and the last installment of principal of the bonds of any series must mature not later than 30 years from such date; and, provided further, that any of the bonds having a stated maturity more than five years after its date shall be made subject to redemption at the option of the state at the end of the fifth year after the date of such bond and on any interest payment date thereafter under such terms and conditions as may be provided in the order or resolution whereunder such bond is authorized to be issued. The bonds shall be signed in the name of the state by either the facsimile or manually subscribed signatures of the Governor or the director of the department, and the Great Seal of the State, or a facsimile thereof, shall be affixed thereto or engraved, lithographed or imprinted thereon and attested by either the facsimile or manually subscribed signature of the Secretary of State; provided, that the signature on the bonds of any one of the said officials shall be subscribed manually thereon. The bonds may be in either bearer or registered form, either as to principal or interest or both. Interest on the bonds shall be payable semiannually, interest on coupon bonds being evidenced by interest coupons attached thereto, each of which coupons shall be authenticated by the facsimile signature of the State Treasurer imprinted thereon. Bonds issued in coupon form may be exchanged for fully registered bonds or bonds registered as to principal only. Coupon bonds and registered bonds shall be interchangeable; and upon issuance of a coupon bond for a registered bond, all matured and unearned coupons on said bond shall be by the State Treasurer first clipped from said bond and then cancelled. Regulations for the registration of bonds and for interchange of registered and coupon bonds shall be set forth in the order or resolution authorizing the issuance of such bonds. The State Treasurer shall maintain a record of all of the bonds issued hereunder, and shall maintain a separate record of all of the bonds that are registered, including a record of the names and addresses of the registered holders thereof. No order or resolution providing for the authorization or sale of any of the bonds shall become effective until approved by the Governor. The action of the department in adopting an order or resolution authorizing the sale of any of the bonds, and the action of the Governor in approving such order or resolution, shall be conclusive evidence that the funds to be derived from the bonds so authorized to be sold are actually needed at the time for the purposes for which bonds are herein authorized to be issued and that the proceeds of such bonds are intended only for such purposes.
","history":"(Acts 1961, No. 716, p. 1014, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31136,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30290,"codeId":465,"versionId":325,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-68","shortTitle":"Section 33-2-68","catchLine":"Requirements for Sale of Bonds.","title":"Section 33-2-68 Requirements for Sale of Bonds.","sectionRange":null,"content":"The bonds must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest net interest cost to the state for the bonds being sold, computed to their respective maturities; provided, that if no bid acceptable to the department and the Governor is received all bids may be rejected. Notice of each such sale shall be given by publication in either a financial journal or a financial newspaper published in the City of New York, New York, and also by publication in a newspaper published in the state which is customarily published not less often than six days during each calendar week, each of which notices must be published at least one time not less than 10 days prior to the date fixed for the sale. The department may fix the terms and conditions under which each such sale may be held; provided, that none of the bonds may be sold for a price less than the face value thereof; and, provided further, that such terms and conditions shall not conflict with any of the requirements of this article.
","history":"(Acts 1961, No. 716, p. 1014, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31137,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30291,"codeId":467,"versionId":327,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-69","shortTitle":"Section 33-2-69","catchLine":"Disposition of Proceeds from Sale of Bonds.","title":"Section 33-2-69 Disposition of Proceeds from Sale of Bonds.","sectionRange":null,"content":"The proceeds from the sale of any of the bonds (other than refunding bonds) shall be paid into the State Treasury and kept by the State Treasurer in a separate account and paid over to the secretary-treasurer of the department from time to time in such amounts as shall be directed by the Governor, and the money so paid over to the secretary-treasurer of the department shall be held and used only for the accomplishment of the purposes of this article, and specifically for payment of the cost of acquiring, by construction or otherwise, maintaining and operating, or any of them, dock facilities along navigable streams and waterways now or hereafter existing within the state, in aid of commerce and use of navigable waterways of the state. The cost of acquiring any dock facilities that may be acquired with the proceeds of bonds issued under this article shall be deemed to include, inter alia, (1) fees of engineers and attorneys and other expenses incidental to such acquisition; and (2) the cost of issuing those of the bonds that may be issued to provide funds for such acquisition. The proceeds derived from the sale of any refunding bonds issued hereunder shall be used only as provided in Section 33-2-72.
","history":"(Acts 1961, No. 716, p. 1014, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31138,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30292,"codeId":469,"versionId":329,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-70","shortTitle":"Section 33-2-70","catchLine":"Appropriation for Payment of Principal and Interest on Bonds.","title":"Section 33-2-70 Appropriation for Payment of Principal and Interest on Bonds.","sectionRange":null,"content":"There is hereby appropriated for the payment of the principal of and interest on any bonds issued hereunder, under the 1957 Docks Act or under the 1959 Docks Act so much as may be necessary for that purpose of any moneys in the general fund of the state not otherwise appropriated.
","history":"(Acts 1961, No. 716, p. 1014, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31139,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30293,"codeId":471,"versionId":331,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-71","shortTitle":"Section 33-2-71","catchLine":"Application of Revenues from Inland Waterways Facilities.","title":"Section 33-2-71 Application of Revenues from Inland Waterways Facilities.","sectionRange":null,"content":"The gross revenues derived from the operation of each unit of development comprising a part of the inland waterways facilities shall be applied for the following purposes in the following order: (1) Payment of the expenses of operating and maintaining in good operating condition the unit of development from which such revenues are derived; and (2) payment of the expenses of operating and maintaining in good condition any other unit of development or units of development comprising a part of the inland waterways facilities. Whenever the gross revenues received by the department from the inland waterways facilities during a fiscal year shall be greater than the expenses of operating and maintaining in good operating condition the inland waterways system during that fiscal year, then the revenues from the inland waterways system remaining at the end of that fiscal year after compliance with the first sentence of this section shall be applied for that one or more or all of the following purposes that may be designated by the department, the sums to be so applied to be in such amounts and to be applied in such manner as the department may designate: (1) Retention of such amounts, for use as working capital for the inland waterways facilities as the department may determine to be reasonably necessary for such purpose; (2) payment of the cost of capital improvements and additions to the inland waterways facilities; and (3) payment at their respective maturities of the principal of or interest on any bonds theretofore issued and at the time outstanding under the 1957 Docks Amendment; provided, that the revenues from the operation of any unit of development the acquisition or construction of which was financed wholly or in part with bonds issued under the 1957 Docks Act shall, to such extent as may be required by the provisions of the 1957 Docks Act, be applied for payment at their respective maturities of those bonds issued under the 1957 Docks Act and for payments into the sinking fund created in that act, and the revenues from the operation of any unit of development the acquisition or construction of which was financed wholly or in part with bonds issued under the 1959 Docks Act shall, to such extent as may be required by the provisions of the 1959 Docks Act, be applied for payment at their respective maturities of the principal of and the interest on those bonds issued under the 1959 Docks Act and for payments into the sinking fund created in that act.
","history":"(Acts 1961, No. 716, p. 1014, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31140,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30294,"codeId":475,"versionId":334,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-72","shortTitle":"Section 33-2-72","catchLine":"Refunding Bonds.","title":"Section 33-2-72 Refunding Bonds.","sectionRange":null,"content":"The state may at any time and from time to time issue refunding bonds for the purpose of refunding the principal of and the interest on any matured or unmatured bonds of the state then outstanding which were theretofore issued under any one or more of this article, or the 1957 Docks Act, or the 1959 Docks Act. The proceeds derived from the sale of such refunding bonds shall be paid to the State Treasurer and disbursed on order or resolution of the department solely to refund and retire those bonds for the refunding of which such refunding bonds are authorized to be issued, and to pay the expenses incurred in such refunding; provided, that pending the time such refunding can be consummated such proceeds may be invested as herein authorized. All provisions of this article pertaining to bonds issued under this article that are not inconsistent with the provisions of this section shall, to the extent applicable, also apply to the refunding bonds issued hereunder. The principal proceeds from the sale of any bonds issued hereunder, when not needed for the purposes for which such bonds were issued, and any other moneys received hereunder, when not needed for the purposes for which such moneys may be used, may at the discretion of the director, with the approval of the Governor, be invested in direct general obligations of the United States of America and the earnings on any investment so made shall be used in the same manner that the moneys so invested are herein provided to be used.
","history":"(Acts 1961, No. 716, p. 1014, §12A.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31141,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30295,"codeId":478,"versionId":337,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-73","shortTitle":"Section 33-2-73","catchLine":"Separate Records as to Each Unit of Development.","title":"Section 33-2-73 Separate Records as to Each Unit of Development.","sectionRange":null,"content":"The department shall establish and maintain a separate record with respect to each unit of development that may have been or may be acquired, constructed or operated in whole or in part under the provisions of this article, or the 1957 Docks Act, or the 1959 Docks Act. Each such separate record shall show: (1) The total amount of the capital investment in each such unit of development, including the amount of such capital investment derived from the proceeds of the bonds issued hereunder or under the 1957 Docks Act or the 1959 Docks Act, and the amount, if any, of the said capital investment derived from any other source; (2) the expenses of operating each such unit of development; and (3) the gross revenues derived from the operation of each such unit of development. In the event any proceeds from bonds issued either under this article or the 1957 Docks Act or the 1959 Docks Act shall be used to pay any of the operating expenses of any unit of development, the amount of bond proceeds so used shall be deemed a part of the capital investment in such unit of development.
","history":"(Acts 1961, No. 716, p. 1014, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31142,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30296,"codeId":480,"versionId":339,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-74","shortTitle":"Section 33-2-74","catchLine":"Use of Surplus Revenues of Port of Mobile Facilities to Pay Operating Deficit.","title":"Section 33-2-74 Use of Surplus Revenues of Port of Mobile Facilities to Pay Operating Deficit.","sectionRange":null,"content":"If it shall be determined by the department at the end of any fiscal year that there are surplus revenues of the Port of Mobile facilities with respect to that fiscal year and an operating deficit of the inland waterways facilities with respect to that fiscal year, then any such surplus revenues may, to such extent as may be directed by the department, be used to meet any such operating deficit.
","history":"(Acts 1961, No. 716, p. 1014, §13A.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31143,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30297,"codeId":482,"versionId":340,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-75","shortTitle":"Section 33-2-75","catchLine":"Rates and Charges for Use of Facilities.","title":"Section 33-2-75 Rates and Charges for Use of Facilities.","sectionRange":null,"content":"The department shall have the right and power to fix from time to time and to collect reasonable rates and charges for services rendered by, and for the use of, dock facilities acquired, constructed or operated pursuant to the provisions of this article.
","history":"(Acts 1961, No. 716, p. 1014, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31144,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30298,"codeId":484,"versionId":342,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-76","shortTitle":"Section 33-2-76","catchLine":"Revocation or Cancellation of Licenses to Occupy State Property.","title":"Section 33-2-76 Revocation or Cancellation of Licenses to Occupy State Property.","sectionRange":null,"content":"Any license heretofore granted by the state, either expressly or by implication, permitting the upland owner to occupy any part of the space between the high-water mark and the low-water mark of any navigable waterway of this state, or along the banks of any river, stream or waterway of this state, may be revoked or cancelled by the department in the same manner and subject to the same conditions as those set forth in Section 33-2-16.
","history":"(Acts 1961, No. 716, p. 1014, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31145,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30299,"codeId":486,"versionId":344,"parentId":442,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-77","shortTitle":"Section 33-2-77","catchLine":"Bonds and Interest Exempt from Taxation.","title":"Section 33-2-77 Bonds and Interest Exempt from Taxation.","sectionRange":null,"content":"Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the State of Alabama or any political subdivision thereof.
","history":"(Acts 1961, No. 716, p. 1014, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31146,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30300,"codeId":490,"versionId":null,"parentId":334,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"4","shortTitle":"Article 4","catchLine":"1963 Provisions for Facilities Along Inland Waterways.","title":"Article 4 1963 Provisions for Facilities Along Inland Waterways.","sectionRange":"§33-2-90 to §33-2-107","content":null,"history":null,"numChildren":18,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31147,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30301,"codeId":491,"versionId":348,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-90","shortTitle":"Section 33-2-90","catchLine":"Definitions.","title":"Section 33-2-90 Definitions.","sectionRange":null,"content":"The words and phrases hereinafter set forth, wherever used in this article, shall have the respective meanings hereinafter ascribed to them. These definitions shall include both the singular and the plural.
(1) 1957 DOCKS AMENDMENT. Amendment 116 of the Constitution of Alabama.
(2) THE STATE. The State of Alabama.
(3) THE DEPARTMENT. The Alabama State Docks Department and any department or agency of the state that may succeed to its duties.
(4) DOCKS FACILITIES. Docks and all kinds of dock facilities, including elevators, warehouses, water and rail terminals, wharves, piles, quays, compresses, storm haven facilities for all types of watercraft, channels between navigable waterways of the state for the purpose of connecting such waterways and aiding the use thereof, and other related structures, facilities and improvements, that may be needed for the convenient use of the same.
(5) 1957 DOCKS ACT. Article 1 of this chapter.
(6) 1959 DOCKS ACT. Article 2 of this chapter.
(7) 1961 DOCKS ACT. Article 3 of this chapter.
(8) THE BONDS. Those issued hereunder.
(9) UNIT OF DEVELOPMENT. Any one or more dock facilities acquired pursuant to the provisions of either this article or the 1957 Docks Act, the 1959 Docks Act or the 1961 Docks Act which may be designated by the department as a unit of development for the purposes of this article; provided, that several dock facilities may be together designated as one unit of development only if they are contiguous to each other or closely related for purposes of use and operation.
(10) FISCAL YEAR. The fiscal year of the department.
(11) INLAND WATERWAYS FACILITIES. All dock facilities at any time acquired or constructed pursuant to the provisions of the 1957 Docks Amendment.
(12) OPERATION DEFICIT OF THE INLAND WATERWAYS FACILITIES. The sum, if any there be, by which the gross revenues derived from the operation of the inland waterways facilities during any fiscal year may be exceeded by the total of all expenses, excluding any deductions for depreciation, incurred during the same fiscal year in the operation of the inland waterways facilities and in the maintenance thereof in good operating condition.
(13) PORT OF MOBILE FACILITIES. The facilities of all kinds known as the state docks owned by the state and operated by the department at the Port of Mobile.
(14) SURPLUS REVENUES OF THE PORT OF MOBILE FACILITIES. The gross revenues derived from the operation of the Port of Mobile facilities remaining at the end of any fiscal year after there shall have been deducted therefrom all expenses (excluding any deductions for depreciation), incurred during the same fiscal year in the operation of the Port of Mobile facilities and the maintenance thereof in good operating condition, and all payments required to be made during such fiscal year in order to comply with: a. Sinking fund requirements for the Alabama harbor improvement bonds at the time outstanding which were heretofore issued by the state for the development of the Port of Mobile facilities, b. the obligations and agreements on the part of the department under any lease agreement at the time in effect which may have theretofore been made by the department for the rental of facilities located or for use at the Port of Mobile, and c. the obligations and agreements on the part of the department which may have been made in any order of the department providing for issuance of any securities at the time outstanding which were theretofore issued by the department or by the state and for the payment of which revenues from the Port of Mobile facilities were pledged.
","history":"(Acts 1963, No. 192, p. 573, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31148,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30302,"codeId":493,"versionId":350,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-91","shortTitle":"Section 33-2-91","catchLine":"Dock Facilities at Additional Cost of $2,000,000.00 Authorized.","title":"Section 33-2-91 Dock Facilities at Additional Cost of $2,000,000.00 Authorized.","sectionRange":null,"content":"In addition to the authority granted to the state by the provisions of any other law, the state is hereby expressly authorized and empowered, at an additional cost to the state of not exceeding $2,000,000.00, to engage in works of internal improvement by promoting, developing, constructing, maintaining and operating along navigable rivers, streams or waterways now or hereafter existing within the state, all manner of dock facilities, in aid of commerce and use of the waterways of this state, all pursuant to the provisions of the 1957 Docks Amendment. All such works, improvements and facilities shall always be and remain under the management and control of the department. The department shall be the agency of the state by which the state shall accomplish the acquisition, construction, maintenance and operation of dock facilities hereunder and shall, in general, accomplish the purposes of this article.
","history":"(Acts 1963, No. 192, p. 573, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31149,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30303,"codeId":495,"versionId":352,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-92","shortTitle":"Section 33-2-92","catchLine":"Authorized Cost Additional; Total Cost to State.","title":"Section 33-2-92 Authorized Cost Additional; Total Cost to State.","sectionRange":null,"content":"The authorization herein granted to the state of engaging in the aforesaid works of internal improvement at a cost of not exceeding $2,000,000.00 is in addition to the authorization in the amount of $3,000,000.00 granted by the 1957 Docks Act, and to the authorization in the amount of $3,500,000.00 granted by the 1959 Docks Act, and to the authorization in the amount of $1,500,000.00 granted by the 1961 Docks Act, thus bringing to the aggregate sum of $10,000,000.00 the total authorization presently and heretofore granted by the Legislature pursuant to the provisions of the 1957 Docks Amendment. The use of revenues derived from operation of dock facilities shall not be deemed the incurring of cost by the state within the meaning of this section.
","history":"(Acts 1963, No. 192, p. 573, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31150,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30304,"codeId":496,"versionId":353,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-93","shortTitle":"Section 33-2-93","catchLine":"Authority to Acquire, Construct, Maintain, Etc., New Facilities; Completion of Facilities Acquired Under Earlier Acts; Plans and Survey; Approval of Governor; Permit or Consent from Federal Authorities.","title":"Section 33-2-93 Authority to Acquire, Construct, Maintain, Etc., New Facilities; Completion of Facilities Acquired Under Earlier Acts; Plans and Survey; Approval of Governor; Permit or Consent from Federal Authorities.","sectionRange":null,"content":"The state, acting through the department, shall, in engaging in the works of internal improvement authorized by this article, have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip, control and operate along navigable rivers, streams or waterways now or hereafter existing within the state, and at river ports or landings along such navigable rivers, streams or waterways, dock facilities of all kinds, in aid of commerce and use of navigable waterways of the state, to the fullest extent practicable and to such extent as the department shall deem desirable or proper. The authority herein granted shall include the completion of any dock facilities originally acquired under the provisions of the 1957 Docks Act, or the 1959 Docks Act, or the 1961 Docks Act; and also the dredging of approaches to any dock facilities, acquired, erected, maintained or operated pursuant to this article, or the 1957 Docks Act, or the 1959 Docks Act, or the 1961 Docks Act. Before the department shall exercise the authority vested in it hereby with respect to any dock facilities or any dredging of the approaches thereto, the department shall first submit plans, including estimates of cost, prepared by competent engineers or architects, and a survey made by competent independent and professional engineers showing the economic feasibility of the proposal envisaged by such plans, to the Governor for his approval or disapproval. In the event of the Governor’s disapproval, the plans shall either be abandoned or be revised and again submitted to the Governor for his approval or disapproval. Prior to the commencement of any construction, dredging, or other work hereunder for which a permit from, or consent of, any United States authorities may be required by law, the department shall obtain the requisite permit or consent.
","history":"(Acts 1963, No. 192, p. 573, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31151,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30305,"codeId":499,"versionId":354,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-94","shortTitle":"Section 33-2-94","catchLine":"Authority, Etc., of Department Under Article Cumulative.","title":"Section 33-2-94 Authority, Etc., of Department Under Article Cumulative.","sectionRange":null,"content":"All administration, supervision, authority and responsibility under this article and operations conducted hereunder, vested in the department, shall be in addition to all power, duties and authority conferred on the department by any other statute, it being the intent of this article that the authority, powers, responsibilities and duties imposed by this article shall be in addition to and supplemental of the powers, authority, responsibilities and duties conferred or imposed on the department by any other laws of the state.
","history":"(Acts 1963, No. 192, p. 573, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31152,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30306,"codeId":500,"versionId":355,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-95","shortTitle":"Section 33-2-95","catchLine":"How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings.","title":"Section 33-2-95 How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings.","sectionRange":null,"content":"In acquiring rights-of-way and property necessary for the construction of dock facilities and convenient approaches thereto in furtherance of the purposes of this article, the department shall have the power to acquire same by gift, lease, purchase, negotiation or condemnation. The department shall have all powers with respect to the condemnation of properties for the purposes of this article that were granted to that department in the 1957 Docks Act; and the exercise of such powers hereunder shall be subject to all limitations and conditions prescribed in the 1957 Docks Act.
","history":"(Acts 1963, No. 192, p. 573, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31153,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30307,"codeId":502,"versionId":356,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-96","shortTitle":"Section 33-2-96","catchLine":"Department May Contract Current Indebtedness.","title":"Section 33-2-96 Department May Contract Current Indebtedness.","sectionRange":null,"content":"In any operations conducted under this article, the department may contract such current indebtedness as is necessarily incident to the progress of the work in accordance with the terms of this article.
","history":"(Acts 1963, No. 192, p. 573, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31154,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30308,"codeId":505,"versionId":357,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-97","shortTitle":"Section 33-2-97","catchLine":"General Provisions Relative to Additional Inland Waterways Improvement Bonds.","title":"Section 33-2-97 General Provisions Relative to Additional Inland Waterways Improvement Bonds.","sectionRange":null,"content":"In order to provide funds for the purposes of this article, there are hereby authorized to be sold and issued bonds of the state not exceeding $2,000,000.00 in aggregate principal amount, under and subject to the provisions hereinafter set forth. The bonds shall be designated as inland waterway improvement bonds of the state. The bonds shall be general obligations of the state, for payment of the principal of and interest on which the full faith and credit of the state are hereby irrevocably pledged. The bonds may be issued from time to time in one or more series, shall bear an appropriate series designation, shall be in such form and denominations and of such tenor and maturities, shall bear such rate or rates of interest payable in such manner, may contain provisions for redemption prior to maturity, and may contain other provisions not inconsistent herewith, all as shall be set forth in an order or resolution of the department; provided, that the first installment of principal of bonds of each series must mature not later than three years from the date of such series and the last installment of principal of bonds of such series shall mature not later than 20 years from such date; and, provided further, that the total principal and interest maturing on the bonds of any series in any one year shall not exceed twice the smallest amount of such principal and interest maturing in any preceding year; and, provided further, that any of the bonds having a stated maturity more than five years after its date shall be made subject to redemption at the option of the state at the end of the fifth year after the date of such bond and on any interest payment date thereafter under such terms and conditions as may be provided in the order or resolution whereunder such bond is authorized to be issued. The bonds shall be signed in the name of the state by either the facsimile or manually subscribed signatures of the Governor or the director of the department, and the Great Seal of the State, or a facsimile thereof, shall be affixed thereto or engraved, lithographed or imprinted thereon and attested by either the facsimile or manually subscribed signature of the Secretary of State; provided, that the signature on the bonds of any one of the said officials shall be subscribed manually thereon. The bonds may be in either bearer or registered form, either as to principal or interest or both. Interest on the bonds shall be payable semiannually, interest on coupon bonds being evidenced by interest coupons attached thereto, each of which coupons shall be authenticated by the facsimile signature of the State Treasurer imprinted thereon. Bonds issued in coupon form may be exchanged for fully registered bonds or bonds registered as to principal only. Coupon bonds and registered bonds shall be interchangeable; and upon issuance of a coupon bond for a registered bond, all matured and unearned coupons on said bond shall be by the State Treasurer first clipped from said bond and then cancelled. Regulations for the registration of bonds and for interchange of registered and coupon bonds shall be set forth in the order or resolution authorizing the issuance of such bonds. The State Treasurer shall maintain a record of all of the bonds issued hereunder, and shall maintain a separate record of all of the bonds that are registered, including a record of the names and addresses of the registered holders thereof. No order or resolution providing for the authorization or sale of any of the bonds shall become effective until approved by the Governor. The action of the department in adopting an order or resolution authorizing the sale of any of the bonds, and the action of the Governor in approving such order or resolution, shall be conclusive evidence that the funds to be derived from the bonds so authorized to be sold are actually needed at the time for the purposes for which bonds are herein authorized to be issued and that the proceeds of such bonds are intended only for such purposes.
","history":"(Acts 1963, No. 192, p. 573, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31155,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30309,"codeId":506,"versionId":358,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-98","shortTitle":"Section 33-2-98","catchLine":"Requirements for Sale of Bonds.","title":"Section 33-2-98 Requirements for Sale of Bonds.","sectionRange":null,"content":"The bonds must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest net interest cost to the state for the bonds being sold, computed to their respective maturities; provided, that if no bid acceptable to the department and the Governor is received all bids may be rejected. Notice of each such sale shall be given by publication in either a financial journal or a financial newspaper published in the City of New York, New York, and also by publication in a newspaper published in the state which is customarily published not less often than six days during each calendar week, each of which notices must be published at least one time not less than 10 days prior to the date fixed for the sale. The department may fix the terms and conditions under which each such sale may be held; provided, that none of the bonds may be sold for a price less than the face value thereof; and, provided further, that such terms and conditions shall not conflict with any of the requirements of this article.
","history":"(Acts 1963, No. 192, p. 573, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31156,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30310,"codeId":508,"versionId":359,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-99","shortTitle":"Section 33-2-99","catchLine":"Disposition of Proceeds from Sale of Bonds.","title":"Section 33-2-99 Disposition of Proceeds from Sale of Bonds.","sectionRange":null,"content":"The proceeds from the sale of any of the bonds (other than refunding bonds) shall be paid into the State Treasury and kept by the State Treasurer in a separate account and paid over to the secretary-treasurer of the department from time to time in such amounts as shall be directed by the Governor and the money so paid over to the secretary-treasurer of the department shall be held and used only for the accomplishment of the purposes of this article, and specifically for payment of the cost of acquiring, by construction or otherwise, maintaining and operating, or any of them, dock facilities along navigable streams and waterways now or hereafter existing within the state, in aid of commerce and use of navigable waterways of the state. The cost of acquiring any dock facilities that may be acquired with the proceeds of bonds issued under this article shall be deemed to include, inter alia, (1) fees of engineers and attorneys and other expenses incidental to such acquisition; and (2) the cost of issuing those of the bonds that may be issued to provide funds for such acquisition. The proceeds derived from the sale of any refunding bonds issued hereunder shall be used only as provided in Section 33-2-102.
","history":"(Acts 1963, No. 192, p. 573, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31157,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30311,"codeId":510,"versionId":360,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-100","shortTitle":"Section 33-2-100","catchLine":"Appropriation for Payment of Principal and Interest on Bonds.","title":"Section 33-2-100 Appropriation for Payment of Principal and Interest on Bonds.","sectionRange":null,"content":"There is hereby appropriated for the payment of the principal of and interest on any bonds issued hereunder, under the 1957 Docks Act, or under the 1959 Docks Act or the 1961 Docks Act, so much as may be necessary for that purpose of any moneys in the general fund of the state not otherwise appropriated.
","history":"(Acts 1963, No. 192, p. 573, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31158,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30312,"codeId":512,"versionId":362,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-101","shortTitle":"Section 33-2-101","catchLine":"Application of Revenues from Inland Waterways Facilities.","title":"Section 33-2-101 Application of Revenues from Inland Waterways Facilities.","sectionRange":null,"content":"The gross revenues derived from the operation of each unit of development comprising a part of the inland waterways facilities shall be applied for the following purposes in the following order: (1) Payment of the expenses of operating and maintaining in good operating condition the unit of development from which such revenues are derived; and (2) payment of the expenses of operating and maintaining in good condition any other unit of development or units of development comprising a part of the inland waterways facilities. Whenever the gross revenues received by the department from the inland waterways facilities during a fiscal year shall be greater than the expenses of operating and maintaining in good operating condition the inland waterways system during that fiscal year, then the revenues from the inland waterways system remaining at the end of that fiscal year after compliance with the first sentence of this section shall be applied for that one or more or all of the following purposes that may be designated by the department, the sums to be so applied to be in such amounts and to be applied in such manner as the department may designate: (1) Retention of such amounts, for use as working capital for the inland waterways facilities as the department may determine to be reasonably necessary for such purpose; (2) payment of the cost of capital improvements and additions to the inland waterways facilities; and (3) payment at their respective maturities of the principal of or interest on any bonds theretofore issued and at the time outstanding under the 1957 Docks Amendment; provided, that the revenues from the operation of any unit of development the acquisition or construction of which was financed wholly or in part with bonds issued under the 1957 Docks Act shall, to such extent as may be required by the provisions of the 1957 Docks Act, be applied for payment at their respective maturities of those bonds issued under the 1957 Docks Act for payments into the sinking fund created in that act, and the revenues from the operation of any unit of development the acquisition or construction of which was financed wholly or in part with bonds issued under the 1959 Docks Act shall, to such extent as may be required by the provisions of the 1959 Docks Act, be applied for payment at their respective maturities of the principal of and the interest on those bonds issued under the 1959 Docks Act and for payments into the sinking fund created in that act, and the revenues from the operation of any unit of development the acquisition or construction of which was financed wholly or in part with bonds issued under the 1961 Docks Act shall, to such extent as may be required by the provisions of the 1961 Docks Act, be applied for payment at their respective maturities of the principal of and the interest on those bonds issued under the 1961 Docks Act and for payments into the sinking fund created in that act.
","history":"(Acts 1963, No. 192, p. 573, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31159,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30313,"codeId":515,"versionId":365,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-102","shortTitle":"Section 33-2-102","catchLine":"Provisions of Article Applicable to Refunding Bonds; Investment of Proceeds of Bonds, Etc.","title":"Section 33-2-102 Provisions of Article Applicable to Refunding Bonds; Investment of Proceeds of Bonds, Etc.","sectionRange":null,"content":"All provisions of this article pertaining to bonds issued under this article that are not inconsistent with the provisions of this section shall, to the extent applicable, also apply to the refunding bonds issued hereunder. The principal proceeds from the sale of any bonds issued hereunder, when not needed for the purposes for which such bonds were issued, and any other moneys received hereunder, when not needed for the purposes for which such moneys may be used, may at the discretion of the director, with the approval of the Governor, be invested in direct general obligations of the United States of America and the earnings on any investment so made shall be used in the same manner that the moneys so invested are herein provided to be used.
","history":"(Acts 1963, No. 192, p. 573, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31160,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30314,"codeId":516,"versionId":366,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-103","shortTitle":"Section 33-2-103","catchLine":"Separate Records as to Each Unit of Development.","title":"Section 33-2-103 Separate Records as to Each Unit of Development.","sectionRange":null,"content":"The department shall establish and maintain a separate record with respect to each unit of development that may have been or may be acquired, constructed or operated in whole or in part under the provisions of this article, or the 1957 Docks Act, the 1959 Docks Act, or the 1961 Docks Act. Each such separate record shall show: (1) The total amount of the capital investment in each such unit of development, including the amount of such capital investment derived from the proceeds of the bonds issued hereunder or under the 1957 Docks Act, the 1959 Docks Act, or the 1961 Docks Act; and the amount, if any, of the said capital investment derived from any other source; (2) the expenses of operating each such unit of development; and (3) the gross revenues derived from the operation of each such unit of development. In the event any proceeds from bonds issued either under this article or under the 1957 Docks Act, the 1959 Docks Act or the 1961 Docks Act shall be used to pay any of the operating expenses of any unit of development, the amount of bond proceeds so used shall be deemed a part of the capital investment in such unit of development.
","history":"(Acts 1963, No. 192, p. 573, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31161,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30315,"codeId":520,"versionId":367,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-104","shortTitle":"Section 33-2-104","catchLine":"Use of Surplus Revenues of Port of Mobile Facilities to Pay Operating Deficit.","title":"Section 33-2-104 Use of Surplus Revenues of Port of Mobile Facilities to Pay Operating Deficit.","sectionRange":null,"content":"If at the end of any fiscal year there are surplus revenues of the Port of Mobile facilities with respect to that fiscal year and an operating deficit of the inland waterways facilities with respect to that fiscal year then any such surplus revenues shall be used to meet any such operating deficit.
","history":"(Acts 1963, No. 192, p. 573, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31162,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30316,"codeId":521,"versionId":369,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-105","shortTitle":"Section 33-2-105","catchLine":"Rates and Charges for Use of Facilities.","title":"Section 33-2-105 Rates and Charges for Use of Facilities.","sectionRange":null,"content":"The department shall have the right and power to fix from time to time and to collect reasonable rates and charges for services rendered by, and for the use of, dock facilities acquired, constructed or operated pursuant to the provisions of this article.
","history":"(Acts 1963, No. 192, p. 573, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31163,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30317,"codeId":523,"versionId":371,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-106","shortTitle":"Section 33-2-106","catchLine":"Revocation or Cancellation of Licenses to Occupy State Property.","title":"Section 33-2-106 Revocation or Cancellation of Licenses to Occupy State Property.","sectionRange":null,"content":"Any license heretofore granted by the state, either expressly or by implication, permitting the upland owner to occupy any part of the space between the high-water mark and the low-water mark of any navigable waterway of this state, or along the banks of any river, stream or waterway of this state, may be revoked or cancelled by the department in the same manner and subject to the same conditions as those set forth in Section 33-2-16.
","history":"(Acts 1963, No. 192, p. 573, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31164,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30318,"codeId":525,"versionId":373,"parentId":490,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-107","shortTitle":"Section 33-2-107","catchLine":"Bonds and Interest Exempt from Taxation.","title":"Section 33-2-107 Bonds and Interest Exempt from Taxation.","sectionRange":null,"content":"Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the State of Alabama or any political subdivision thereof.
","history":"(Acts 1963, No. 192, p. 573, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31165,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30319,"codeId":529,"versionId":null,"parentId":334,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"5","shortTitle":"Article 5","catchLine":"1967 Provisions for Facilities Along Inland Waterways.","title":"Article 5 1967 Provisions for Facilities Along Inland Waterways.","sectionRange":"§33-2-120 to §33-2-136","content":null,"history":null,"numChildren":17,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31166,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30320,"codeId":530,"versionId":377,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-120","shortTitle":"Section 33-2-120","catchLine":"Definitions.","title":"Section 33-2-120 Definitions.","sectionRange":null,"content":"The words and phrases hereinafter set forth, wherever used in this article, shall have the respective meanings hereinafter ascribed to them:
(1) 1967 DOCKS AMENDMENT. Amendment 274 of the Constitution of Alabama.
(2) 1957 DOCKS AMENDMENT. Amendment 116 of the Constitution of Alabama.
(3) THE STATE. The State of Alabama.
(4) THE DEPARTMENT. The Alabama State Docks Department and any department or agency of the state that may succeed to its duties.
(5) FACILITIES. Elevators, warehouses, docks, water and rail terminals, wharves, piles, quays, compresses, storm haven facilities for all types of watercraft, channels between navigable waterways of the state for the purpose of connecting such waterways and aiding the use thereof, and other related structures, facilities and improvements, that may be needed for the convenient use of the same.
(6) 1957 DOCKS ACT. Article 1 of this chapter.
(7) 1959 DOCKS ACT. Article 2 of this chapter.
(8) 1961 DOCKS ACT. Article 3 of this chapter.
(9) 1963 DOCKS ACT. Article 4 of this chapter.
(10) THE BONDS. Those issued hereunder.
(11) UNIT OF DEVELOPMENT. Any one or more facilities acquired pursuant to the provisions of either this article or the 1957 Docks Act, or the 1959 Docks Act, or the 1961 Docks Act, or the 1963 Docks Act which may be designated by the department as a unit of development for the purpose of this article; provided, that several facilities may be together designated as one unit of development only if they are contiguous to each other or closely related for purposes of use and operation.
(12) FISCAL YEAR. The fiscal year of the department.
(13) INLAND FACILITIES. All facilities at any time acquired or constructed pursuant to the provisions of the 1967 Docks Amendment or the 1957 Docks Amendment.
(14) OPERATING DEFICIT OF THE INLAND FACILITIES. The sum, if any there be, by which the gross revenues derived from the operation of the inland facilities during any fiscal year may be exceeded by the total of all expenses, excluding any deductions for depreciation, incurred during the same fiscal year in the operation of the inland facilities and in the maintenance thereof in good operating condition.
(15) PORT OF MOBILE FACILITIES. The facilities of all kinds known as the state docks owned by the state and operated by the department at the Port of Mobile.
(16) SURPLUS REVENUES OF THE PORT OF MOBILE FACILITIES. The gross revenues derived from the operating of the Port of Mobile facilities remaining at the end of any fiscal year after there shall have been deducted therefrom all expenses (excluding any deductions for depreciation), incurred during the same fiscal year in the operation of the Port of Mobile facilities and the maintenance thereof in good operating condition, and all payments required to be made during such fiscal year in order to comply with: a. Sinking fund requirements for the Alabama harbor improvement bonds at the time outstanding which were heretofore issued by the state for the development of the Port of Mobile facilities, b. the obligations and agreements on the part of the department under any lease agreement at the time in effect which may have theretofore been made by the department for the rental of facilities located or for use at the Port of Mobile, and c. the obligations and agreements on the part of the department which may have been made in any order of the department providing for issuance of any securities at the time outstanding which were theretofore issued by the department or by the state and for the payment of which revenues from the Port of Mobile facilities were pledged.
The definitions herein set forth include both the singular and the plural.
","history":"(Acts 1967, No. 268, p. 765, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31167,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30321,"codeId":532,"versionId":379,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-121","shortTitle":"Section 33-2-121","catchLine":"Facilities at Additional Cost of $2,000,000.00 Authorized.","title":"Section 33-2-121 Facilities at Additional Cost of $2,000,000.00 Authorized.","sectionRange":null,"content":"In addition to the authority granted to the state by the provisions of any other law, the state is hereby expressly authorized and empowered, at an additional cost to the state of not exceeding $2,000,000.00, in promoting and aiding the commercial flow of agricultural products within the state or in aid of commerce and use of the waterways of the state, to engage in works of internal improvement by promoting, developing, constructing, maintaining and operating within the state or along navigable streams and waterways now or hereafter existing within the state all manner of facilities, all pursuant to the provisions of the 1967 Docks Amendment. All such works, improvements and facilities shall always be and remain under the management and control of the department. The department shall be the agency of the state by which the state shall accomplish the acquisition, construction, maintenance and operation of facilities hereunder and shall, in general, accomplish the purposes of this article. The use of revenues derived from operation of facilities shall not be deemed incurring of cost by the state within the meaning of this section.
","history":"(Acts 1967, No. 268, p. 765, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31168,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30322,"codeId":534,"versionId":381,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-122","shortTitle":"Section 33-2-122","catchLine":"Authority to Acquire, Construct, Maintain, Etc., New Facilities; Completion of Facilities Acquired Under Earlier Acts; Plans and Survey; Approval of Governor; Permit or Consent from Federal Authorities.","title":"Section 33-2-122 Authority to Acquire, Construct, Maintain, Etc., New Facilities; Completion of Facilities Acquired Under Earlier Acts; Plans and Survey; Approval of Governor; Permit or Consent from Federal Authorities.","sectionRange":null,"content":"The state, acting through the department, shall, in promoting and aiding the commercial flow of agricultural products within the state, or in aid of commerce and use of the waterways of the state, in engaging in the works of internal improvement authorized by this article, have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip, control and operate facilities of all kinds within the state or along navigable streams and waterways of the state, to the fullest extent practicable and to such extent as the department shall deem desirable or proper. The authority herein granted shall include the completion of any dock facilities originally acquired under the provisions of the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, or the 1963 Docks Act; and also the dredging of approaches to any dock facilities, acquired, erected, maintained or operated pursuant to this article, or the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, or the 1963 Docks Act. Before the department shall exercise the authority vested in it hereby with respect to any facilities or any dredging of the approaches thereto, the department shall first submit plans, including estimates of cost, prepared by competent engineers or architects, and a survey made by competent independent and professional engineers showing the economic feasibility of the proposal envisaged by such plans, to the Governor for his approval or disapproval. In the event of the Governor’s disapproval, the plans shall either be abandoned or be revised and again submitted to the Governor for his approval or disapproval. Prior to the commencement of any construction, dredging or other work hereunder for which a permit from, or consent of, any United States authorities may be required by law, the department shall obtain the requisite permit or consent.
","history":"(Acts 1967, No. 268, p. 765, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31169,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30323,"codeId":536,"versionId":383,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-123","shortTitle":"Section 33-2-123","catchLine":"Authority, Etc., of Department Under Article Cumulative.","title":"Section 33-2-123 Authority, Etc., of Department Under Article Cumulative.","sectionRange":null,"content":"All administration, supervision, authority and responsibility under this article and operations conducted hereunder, vested in the department, shall be in addition to all powers, duties and authority conferred on the department by any other statute, it being the intent of this article that the authority, powers, responsibilities and duties imposed by this article shall be in addition to and supplemental of the powers, authority, responsibilities and duties conferred or imposed on the department by any other laws of the state.
","history":"(Acts 1967, No. 268, p. 765, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31170,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30324,"codeId":539,"versionId":385,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-124","shortTitle":"Section 33-2-124","catchLine":"How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings.","title":"Section 33-2-124 How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings.","sectionRange":null,"content":"In acquiring rights-of-way and property necessary for the construction of facilities and convenient approaches thereto in furtherance of the purposes of this article, the department shall have the power to acquire same by gift, lease, purchase, negotiation or condemnation. The department shall have all powers with respect to the condemnation of properties for the purposes of this article that were granted to that department in the 1957 Docks Act; and the exercise of such powers hereunder shall be subject to all limitations and conditions prescribed in the 1957 Docks Act.
","history":"(Acts 1967, No. 268, p. 765, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31171,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30325,"codeId":542,"versionId":387,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-125","shortTitle":"Section 33-2-125","catchLine":"Department May Contract Current Indebtedness.","title":"Section 33-2-125 Department May Contract Current Indebtedness.","sectionRange":null,"content":"In any operations conducted under this article, the department may contract such current indebtedness as is necessarily incident to the progress of the work in accordance with the terms of this article.
","history":"(Acts 1967, No. 268, p. 765, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31172,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30326,"codeId":545,"versionId":389,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-126","shortTitle":"Section 33-2-126","catchLine":"General Provisions Relative to Inland Facilities Bonds.","title":"Section 33-2-126 General Provisions Relative to Inland Facilities Bonds.","sectionRange":null,"content":"In order to provide funds for the purposes of this article, there are hereby authorized to be sold and issued bonds of the state not exceeding $2,000,000.00 in aggregate principal amount, under and subject to the provisions hereinafter set forth. The bonds shall be designated as inland facilities bonds of the state. The bonds shall be general obligations of the state for payment of the principal of and interest on which the full faith and credit of the state are hereby irrevocably pledged. The bonds may be issued from time to time in one or more series, shall bear an appropriate series designation, shall be in such form and denominations and of such tenor and maturities, shall bear such rate or rates of interest payable in such manner, may contain provisions for redemption prior to maturity, and may contain other provisions not inconsistent herewith, all as shall be set forth in an order or resolution of the department; provided, that the first installment of principal of bonds of each series must mature not later than 10 years from the date of such series, and the last installment of principal of bonds of such series shall mature not later than 30 years from such date; and, provided further, that any of the bonds having a stated maturity more than 10 years after its date shall be made subject to redemption at the option of the state at the end of the tenth year after the date of such bond and on any interest payment date thereafter under such terms and conditions as may be provided in the order or resolution whereunder such bond is authorized to be issued. The bonds shall be signed in the name of the state by either the facsimile or manually subscribed signatures of the Governor or the director of the department, and the Great Seal of the State, or a facsimile thereof, shall be affixed thereto or engraved, lithographed or imprinted thereon and attested by either the facsimile or manually subscribed signature of the Secretary of State; provided, that the signature on the bonds of any one of the said officials shall be subscribed manually thereon. The bonds may be in either bearer or registered form, either as to principal or interest or both. Interest on the bonds shall be payable semiannually, interest on coupon bonds being evidenced by interest coupons attached thereto, each of which coupons shall be authenticated by the facsimile signature of the State Treasurer imprinted thereon. Bonds issued in coupon form may be exchanged for fully registered bonds or bonds registered as to principal only. Coupon bonds and registered bonds shall be interchangeable; and upon issuance of a coupon bond for a registered bond, all matured and unearned coupons on said bond shall be by the State Treasurer first clipped from said bond and then cancelled. Regulations for the registration of bonds and for interchange of registered and coupon bonds shall be set forth in the order or resolution authorizing the issuance of such bonds. The State Treasurer shall maintain a record of all of the bonds issued hereunder, and shall maintain a separate record of all of the bonds that are registered, including a record of the names and addresses of the registered holders thereof. No order or resolution providing for the authorization or sale of any of the bonds shall become effective until approved by the Governor. The action of the department in adopting an order or resolution authorizing the sale of any of the bonds, and the action of the Governor in approving such order or resolution, shall be conclusive evidence that the funds to be derived from the bonds so authorized to be sold are actually needed at the time for the purposes for which bonds are herein authorized to be issued and that the proceeds of such bonds are intended only for such purposes.
","history":"(Acts 1967, No. 268, p. 765, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31173,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30327,"codeId":548,"versionId":392,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-127","shortTitle":"Section 33-2-127","catchLine":"Requirements for Sale of Bonds.","title":"Section 33-2-127 Requirements for Sale of Bonds.","sectionRange":null,"content":"The bonds must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest net interest cost to the state for the bonds being sold, computed to their respective maturities; provided, that if no bid acceptable to the department and the Governor is received all bids may be rejected. Notice of each such sale shall be given by publication in either a financial journal or a financial newspaper published in the City of New York, New York, and also by publication in a newspaper published in the state which is customarily published not less often than six days during each calendar week, each of which notices must be published at least one time not less than 10 days prior to the day fixed for the sale. The department may fix the terms and conditions under which each such sale may be held; provided, that none of the bonds may be sold for a price less than the face value thereof; and, provided further, that such terms and conditions shall not conflict with any of the requirements of this article.
","history":"(Acts 1967, No. 268, p. 765, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31174,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30328,"codeId":551,"versionId":394,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-128","shortTitle":"Section 33-2-128","catchLine":"Disposition of Proceeds from Sale of Bonds.","title":"Section 33-2-128 Disposition of Proceeds from Sale of Bonds.","sectionRange":null,"content":"The proceeds from the sale of any of the bonds (other than refunding bonds) shall be paid into the State Treasury and kept by the State Treasurer in a separate account and paid over to the secretary-treasurer of the department from time to time in such amounts as shall be directed by the Governor and the money so paid over to the secretary-treasurer of the department shall be held and used only for the accomplishment of the purposes of this article, and specifically for payment of the cost of acquiring, by construction or otherwise, maintaining and operating, or any of them, in promoting and aiding in the commercial flow of agricultural products within the state or in aid of commerce and use of the waterways of the state, all manner of elevators, facilities, warehouses, docks, water and rail terminals and other structures and facilities and improvements needful for the convenient use of the same. The cost of acquiring any facilities that may be acquired with the proceeds of bonds issued under this article shall be deemed to include, inter alia, (1) fees of engineers and attorneys and other expenses incidental to such acquisition; and (2) the cost of issuing those of the bonds that may be issued to provide funds for such acquisition. The proceeds derived from the sale of any refunding bonds issued hereunder shall be used only as provided in Section 33-2-131.
","history":"(Acts 1967, No. 268, p. 765, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31175,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30329,"codeId":554,"versionId":397,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-129","shortTitle":"Section 33-2-129","catchLine":"Appropriation for Payment of Principal and Interest on Bonds.","title":"Section 33-2-129 Appropriation for Payment of Principal and Interest on Bonds.","sectionRange":null,"content":"There is hereby appropriated for the payment of the principal of and interest on any bonds issued hereunder, or under the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, or the 1963 Docks Act, so much as may be necessary for that purpose of any moneys in the general fund of the state not otherwise appropriated.
","history":"(Acts 1967, No. 268, p. 765, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31176,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30330,"codeId":557,"versionId":400,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-130","shortTitle":"Section 33-2-130","catchLine":"Application of Revenues from Inland Facilities.","title":"Section 33-2-130 Application of Revenues from Inland Facilities.","sectionRange":null,"content":"The gross revenues derived from the operation of each unit of development comprising a part of the inland facilities shall be applied for the following purposes in the following order: (1) Payment of the expenses of operating and maintaining in good operating condition the unit of development from which such revenues are derived; and (2) payment of the expenses of operating and maintaining in good condition any other unit of development or units of development comprising a part of the inland facilities. Whenever the gross revenues received by the department from the inland facilities during a fiscal year shall be greater than the expenses of operating and maintaining in good operating condition the inland system during the fiscal year, then the revenues from the inland system remaining at the end of the fiscal year after compliance with the first sentence of this section shall be applied for that one or more or all of the following purposes that may be designated by the department, the sums to be so applied to be in such amounts and to be applied in such manner as the department may designate: (1) Retention of such amounts, for use as working capital for the inland facilities as the department may determine to be reasonably necessary for such purpose; (2) payment of the cost of capital and improvements and additions to the inland facilities; and (3) payment at their respective maturities of the principal of or interest on any bonds theretofore issued and at the time outstanding under the 1957 Docks Amendment, or under this article; provided, however, that the revenues from the operation of any unit of development the acquisition or construction of which was financed wholly or in part with bonds issued under the 1957 Docks Act shall, to such extent as may be required by the provisions of the 1957 Docks Act, be applied for payment at their respective maturities of those bonds issued under the 1957 Docks Act for payments into the sinking fund created in that act, and the revenues from the operation of any unit of development the acquisition or construction of which was financed wholly or in part with bonds issued under the 1959 Docks Act shall, to such extent as may be required by the provisions of the 1959 Docks Act, be applied for payment at their respective maturities of the principal of and the interest on those bonds issued under the 1959 Docks Act and for payments into the sinking fund created in that act, and the revenues from the operation of any unit of development the acquisition or construction of which was financed wholly or in part with bonds issued under the 1961 Docks Act shall, to such extent as may be required by the provisions of the 1961 Docks Act, be applied for payment at their respective maturities of the principal of and the interest on those bonds issued under the 1961 Docks Act and for payments into the sinking fund created in that act.
","history":"(Acts 1967, No. 268, p. 765, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31177,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30331,"codeId":560,"versionId":403,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-131","shortTitle":"Section 33-2-131","catchLine":"Refunding Bonds and Investments.","title":"Section 33-2-131 Refunding Bonds and Investments.","sectionRange":null,"content":"The state may at any time, and from time to time, issue refunding bonds for the purpose of refunding the principal of and the interest on any unmatured bonds of the state then outstanding which were theretofore issued under any one or more of this article, or the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, or the 1963 Docks Act. The proceeds from the sale of such refunding bonds shall be paid to the State Treasurer and disbursed on order or resolution of the department solely to refund and retire those bonds for the refunding of which such refunding bonds are authorized to be issued, and to pay the expenses incurred in such refunding; provided, that pending the time such refunding can be consummated, such proceeds may be invested as herein authorized. All provisions of this article pertaining to bonds issued under this article that are not inconsistent with the provisions of this section shall, to the extent applicable, also apply to the refunding bonds issued hereunder. The principal proceeds from the sale of any bonds issued hereunder, when not needed for the purposes for which such bonds were issued, and any other moneys received hereunder, when not needed for the purposes for which such moneys may be used, may at the discretion of the director, with the approval of the Governor, be invested in direct general obligations of the United States of America and the earnings on any investment so made shall be used in the same manner that the moneys so invested are herein provided to be used.
","history":"(Acts 1967, No. 268, p. 765, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31178,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30332,"codeId":563,"versionId":404,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-132","shortTitle":"Section 33-2-132","catchLine":"Separate Records as to Each Unit of Development.","title":"Section 33-2-132 Separate Records as to Each Unit of Development.","sectionRange":null,"content":"The department shall establish and maintain a separate record with respect to each unit of development that may have been or may be acquired, constructed or operated in whole or in part under the provisions of this article, or under the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, or the 1963 Docks Act. Each such separate record shall show: (1) the total amount of the capital investment in each such unit of development, including the amount of such capital investment derived from the proceeds of the bonds issued hereunder, or under the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, or the 1963 Docks Act; and the amount, if any, of the said capital investment derived from any other source; (2) the expenses of operating each such unit of development; and (3) the gross revenues derived from the operation of each such unit of development. In the event any proceeds from bonds issued either under this article, or under the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, or the 1963 Docks Act shall be used to pay any of the operating expenses of any unit of development, the amount of bond proceeds so used shall be deemed a part of the capital investment in such unit of development.
","history":"(Acts 1967, No. 268, p. 765, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31179,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30333,"codeId":566,"versionId":406,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-133","shortTitle":"Section 33-2-133","catchLine":"Use of Surplus Revenues of Port of Mobile Facilities to Pay Operating Deficit.","title":"Section 33-2-133 Use of Surplus Revenues of Port of Mobile Facilities to Pay Operating Deficit.","sectionRange":null,"content":"If at the end of any fiscal year there are surplus revenues of the Port of Mobile facilities with respect to that fiscal year and an operating deficit of the inland facilities with respect to the fiscal year, then any such surplus revenues shall be used to meet any such operating deficit.
","history":"(Acts 1967, No. 268, p. 765, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31180,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30334,"codeId":568,"versionId":408,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-134","shortTitle":"Section 33-2-134","catchLine":"Rates and Charges for Use of Facilities.","title":"Section 33-2-134 Rates and Charges for Use of Facilities.","sectionRange":null,"content":"The department shall have the right and power to fix from time to time and to collect reasonable rates and charges for services rendered by, and for the use of, facilities acquired, constructed or operated pursuant to the provisions of this article.
","history":"(Acts 1967, No. 268, p. 765, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31181,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30335,"codeId":572,"versionId":411,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-135","shortTitle":"Section 33-2-135","catchLine":"Revocation of Licenses to Occupy State Property.","title":"Section 33-2-135 Revocation of Licenses to Occupy State Property.","sectionRange":null,"content":"Any license heretofore granted by the state, either expressly or by implication, permitting the upland owner to occupy any part of the space between the high-water mark and the low-water mark of any navigable waterway of this state, or along the banks of any river, stream or waterway of this state, may be revoked or cancelled by the department in the same manner and subject to the same conditions as those set forth in section 33-2-16.
","history":"(Acts 1967, No. 268, p. 765, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31182,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30336,"codeId":576,"versionId":415,"parentId":529,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-136","shortTitle":"Section 33-2-136","catchLine":"Bonds and Interest Exempt from Taxation.","title":"Section 33-2-136 Bonds and Interest Exempt from Taxation.","sectionRange":null,"content":"Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the state of Alabama or any political subdivision thereof.
","history":"(Acts 1967, No. 268, p. 765, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31183,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30337,"codeId":582,"versionId":null,"parentId":334,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"6","shortTitle":"Article 6","catchLine":"1969 Provisions for Facilities Along Inland Waterways.","title":"Article 6 1969 Provisions for Facilities Along Inland Waterways.","sectionRange":"§33-2-150 to §33-2-166","content":null,"history":null,"numChildren":17,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31184,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30338,"codeId":583,"versionId":420,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-150","shortTitle":"Section 33-2-150","catchLine":"Definitions.","title":"Section 33-2-150 Definitions.","sectionRange":null,"content":"The words and phrases hereinafter set forth, wherever used in this article, shall have the respective meanings hereinafter ascribed to them:
(1) 1969 DOCKS AMENDMENT. Amendment 288 of the Constitution of Alabama.
(2) 1967 DOCKS AMENDMENT. Amendment 274 of the Constitution of Alabama.
(3) 1957 DOCKS AMENDMENT. Amendment 116 of the Constitution of Alabama.
(4) THE STATE. The State of Alabama.
(5) THE DEPARTMENT. The Alabama State Docks Department and any department or agency of the state that may succeed to its duties.
(6) FACILITIES. Elevators, warehouses, docks, water and rail terminals, wharves, piles, quays, compresses, storm haven facilities for all types of watercraft, channels between navigable waterways of the state for the purpose of connecting such waterways and aiding the use thereof, and other related structures, facilities and improvements, that may be needed for the convenient use of the same.
(7) 1957 DOCKS ACT. Article 1 of this chapter.
(8) 1959 DOCKS ACT. Article 2 of this chapter.
(9) 1961 DOCKS ACT. Article 3 of this chapter.
(10) 1963 DOCKS ACT. Article 4 of this chapter.
(11) 1967 DOCKS ACT. Article 5 of this chapter.
(12) THE BONDS. Those issued hereunder.
(13) UNIT OF DEVELOPMENT. Any one or more facilities acquired pursuant to the provisions of either this article or the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, the 1963 Docks Act, or the 1967 Docks Act, which may be designated by the department as a unit of development for the purpose of this article; provided, that several facilities may be together designated as one unit of development only if they are contiguous to each other or closely related for the purposes of use and operation.
(14) FISCAL YEAR. The fiscal year of the department.
(15) INLAND FACILITIES. All facilities at any time acquired or constructed pursuant to the provisions of the 1969 Docks Amendment, the 1967 Docks Amendment or the 1957 Docks Amendment.
(16) OPERATING DEFICIT OF THE INLAND FACILITIES. The sum, if any there be, by which the gross revenues derived from the operation of the inland facilities during any fiscal year may be exceeded by the total of all expenses, excluding any deductions for depreciation, incurred during the same fiscal year in the operation of the inland facilities and in the maintenance thereof in good operating condition.
(17) PORT OF MOBILE FACILITIES. The facilities of all kinds known as the state docks owned by the state and operated by the department at the Port of Mobile.
(18) SURPLUS REVENUES OF THE PORT OF MOBILE FACILITIES. The gross revenues derived from operating the Port of Mobile facilities remaining at the end of any fiscal year after there shall have been deducted therefrom all expenses (excluding any deductions for depreciation), incurred during the same fiscal year in the operation of the Port of Mobile facilities and the maintenance thereof in good operating condition, and all payments required to be made during such fiscal year in order to comply with: a. sinking fund requirements for the Alabama harbor improvement bonds at the time outstanding which were heretofore issued by the state for the development of the Port of Mobile facilities, b. the obligations and agreements on the part of the department under any lease agreement at the time in effect which may have theretofore been made by the department for the rental of facilities located or for use at the Port of Mobile, and c. the obligations and agreements on the part of the department which may have been made in any order of the department providing for issuance of any securities at the time outstanding which were theretofore issued by the department or by the state and for the payment of which revenues from the Port of Mobile facilities were pledged.
The definitions herein set forth include both the singular and the plural.
","history":"(Acts 1969, No. 472, p. 917, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31185,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30339,"codeId":585,"versionId":422,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-151","shortTitle":"Section 33-2-151","catchLine":"Facilities at Additional Cost of $10,000,000.00 Authorized.","title":"Section 33-2-151 Facilities at Additional Cost of $10,000,000.00 Authorized.","sectionRange":null,"content":"In addition to the authority granted to the state by the provisions of any other law, the state is hereby expressly authorized and empowered, at an additional cost to the state of not exceeding $10,000,000.00, in promoting and aiding the commercial flow of agricultural products within the state or in aid of commerce and use of the waterways of the state, to engage in works of internal improvement by promoting, developing, constructing, maintaining and operating within the state or along navigable streams and waterways now or hereafter existing within the state, all manner of facilities, all pursuant to the provisions of the 1969 Docks Amendment. All such works, improvements and facilities shall always be and remain under the management and control of the department. The department shall be the agency of the state by which the state shall accomplish the acquisition, construction, maintenance and operation of facilities hereunder and shall, in general, accomplish the purposes of this article. The use of revenues derived from operation of facilities shall not be deemed incurring of cost by the state within the meaning of this section.
","history":"(Acts 1969, No. 472, p. 917, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31186,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30340,"codeId":588,"versionId":424,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-152","shortTitle":"Section 33-2-152","catchLine":"Authority to Acquire, Construct, Maintain, Etc., New Facilities; Completion of Facilities Acquired Under Earlier Acts; Plans and Survey; Approval of Governor; Permit or Consent from Federal Authorities.","title":"Section 33-2-152 Authority to Acquire, Construct, Maintain, Etc., New Facilities; Completion of Facilities Acquired Under Earlier Acts; Plans and Survey; Approval of Governor; Permit or Consent from Federal Authorities.","sectionRange":null,"content":"The state, acting through the department, shall, in promoting and aiding the commercial flow of agricultural products within the state, or in aid of commerce and use of the waterways of the state, in engaging in the works of internal improvement authorized by this article, have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip, control and operate facilities of all kinds within the state or along navigable streams and waterways of the state, to the fullest extent practicable and to such extent as the department shall deem desirable or proper. The authority herein granted shall include the completion of any dock facilities originally acquired under the provisions of the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, the 1963 Docks Act, or the 1967 Docks Act; and also the dredging of approaches to any dock facilities, acquired, erected, maintained or operated pursuant to this article, or the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, the 1963 Docks Act, or the 1967 Docks Act. Before the department shall exercise the authority vested in it hereby with respect to any facilities or any dredging of the approaches thereto, the department shall first submit plans, including estimates of cost, prepared by competent engineers or architects, and a survey made by competent independent and professional engineers showing the economic feasibility of the proposal envisaged by such plans, to the Governor for his approval or disapproval; and, in the event of the Governor’s disapproval, the plans shall either be abandoned or be revised and again submitted to the Governor for his approval or disapproval. Prior to the commencement of any construction, dredging or other work hereunder for which a permit from, or consent of, any United States authorities may be required by law, the department shall obtain the requisite permit or consent.
","history":"(Acts 1969, No. 472, p. 917, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31187,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30341,"codeId":590,"versionId":425,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-153","shortTitle":"Section 33-2-153","catchLine":"Authority, Etc., of Department Under Article Cumulative.","title":"Section 33-2-153 Authority, Etc., of Department Under Article Cumulative.","sectionRange":null,"content":"All administration, supervision, authority and responsibility under this article and operations conducted hereunder, vested in the department, shall be in addition to all powers, duties and authority conferred on the department by any other statute, it being the intent of this article that the authority, powers, responsibilities and duties imposed by this article shall be in addition to and supplemental of the powers, authority, responsibilities and duties conferred or imposed on the department by any other laws of the state.
","history":"(Acts 1969, No. 472, p. 917, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31188,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30342,"codeId":592,"versionId":427,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-154","shortTitle":"Section 33-2-154","catchLine":"How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings.","title":"Section 33-2-154 How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings.","sectionRange":null,"content":"In acquiring rights-of-way and property necessary for the construction of facilities and convenient approaches thereto in furtherance of the purposes of this article, the department shall have the power to acquire same by gift, lease, purchase, negotiation or condemnation. The department shall have all powers with respect to the condemnation of properties for the purposes of this article that were granted to that department in the 1957 Docks Act; and the exercise of such powers hereunder shall be subject to all limitations and conditions prescribed in the 1957 Docks Act.
","history":"(Acts 1969, No. 472, p. 917, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31189,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30343,"codeId":594,"versionId":428,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-155","shortTitle":"Section 33-2-155","catchLine":"Department May Contract Current Indebtedness.","title":"Section 33-2-155 Department May Contract Current Indebtedness.","sectionRange":null,"content":"In any operations conducted under this article, the department may contract such current indebtedness as is necessarily incident to the progress of the work in accordance with the terms of this article.
","history":"(Acts 1969, No. 472, p. 917, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31190,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30344,"codeId":598,"versionId":431,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-156","shortTitle":"Section 33-2-156","catchLine":"General Provisions Relative to Inland Facilities Bonds.","title":"Section 33-2-156 General Provisions Relative to Inland Facilities Bonds.","sectionRange":null,"content":"In order to provide funds for the purposes of this article, there are hereby authorized to be sold and issued bonds of the state not exceeding $10,000,000.00 in aggregate principal amount, under and subject to the provisions hereinafter set forth. The bonds shall be designated as inland facilities bonds of the state, series 1970. The bonds shall be general obligations of the state for payment of the principal of and interest on which the full faith and credit of the state are hereby irrevocably pledged. The bonds may be issued from time to time in one or more series, shall bear an appropriate series designation, shall be in such form and denominations and of such tenor and maturities, shall bear such rate of interest payable in such manner, may contain provisions for redemption prior to maturity, and may contain other provisions not inconsistent herewith, all as shall be set forth in an order or resolution of the department; provided, that the first installment of principal of bonds of each series must mature not later than 10 years from the date of such series and the last installment of principal of bonds of such series shall mature not later than 30 years from such date; and, provided further, that any of the bonds having a stated maturity more than 10 years after its date shall be made subject to redemption at the option of the state at the end of the tenth year after the date of such bond and on any interest payment date thereafter under such terms and conditions as may be provided in the order or resolution whereunder such bond is authorized to be issued. The bonds shall be signed in the name of the state by either the facsimile or manually subscribed signatures of the Governor or the director of the department, and the Great Seal of the State, or a facsimile thereof, shall be affixed thereto or engraved, lithographed or imprinted thereon and attested by either the facsimile or manually subscribed signature of the Secretary of State; provided, that the signature on the bonds of any one of the said officials shall be subscribed manually thereon. The bonds may be in either bearer or registered form, either as to principal or interest or both. Interest on the bonds shall be payable semiannually, interest on coupon bonds being evidenced by interest coupons attached thereto, each of which coupons shall be authenticated by the facsimile signature of the State Treasurer imprinted thereon. Bonds issued in coupon form may be exchanged for fully registered bonds or bonds registered as to principal only. Coupon bonds and registered bonds shall be interchangeable; and upon issuance of a coupon bond for a registered bond, all matured and unearned coupons on said bond shall be by the State Treasurer first clipped from said bond and then cancelled. Regulations for the registration of bonds and for interchange of registered and coupon bonds shall be set forth in the order or resolution authorizing the issuance of such bonds. The State Treasurer shall maintain a record of all of the bonds issued hereunder, and shall maintain a separate record of all of the bonds that are registered, including a record of the names and addresses of the registered holders thereof. No order or resolution providing for the authorization or sale of any of the bonds shall become effective until approved by the Governor. The action of the department in adopting an order or resolution authorizing the sale of any of the bonds and the action of the Governor in approving such order or resolution shall be conclusive evidence that the funds to be derived from the bonds so authorized to be sold are actually needed at the time for the purposes for which bonds are herein authorized to be issued and that the proceeds of such bonds are intended only for such purposes.
","history":"(Acts 1969, No. 472, p. 917, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31191,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30345,"codeId":601,"versionId":434,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-157","shortTitle":"Section 33-2-157","catchLine":"Requirements for Sale of Bonds.","title":"Section 33-2-157 Requirements for Sale of Bonds.","sectionRange":null,"content":"The bonds must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest net interest cost to the state for the bonds being sold, computed to their respective maturities; provided, that if no bid acceptable to the department and the Governor is received all bids may be rejected. Notice of each such sale shall be given by publication in either a financial journal or a financial newspaper published in the City of New York, New York, and also by publication in a newspaper published in the state which is customarily published not less often than six days during each calendar week, each of which notices must be published at least one time not less than 10 days prior to the day fixed for the sale. The department may fix the terms and conditions under which each such sale may be held; provided, that none of the bonds may be sold for a price less than the face value thereof; and, provided further, that such terms and conditions shall not conflict with any of the requirements of this article.
","history":"(Acts 1969, No. 472, p. 917, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31192,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30346,"codeId":604,"versionId":436,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-158","shortTitle":"Section 33-2-158","catchLine":"Disposition of Proceeds from Sale of Bonds.","title":"Section 33-2-158 Disposition of Proceeds from Sale of Bonds.","sectionRange":null,"content":"The proceeds from the sale of any of the bonds (other than refunding bonds) shall be paid into the State Treasury and kept by the State Treasurer in a separate account and paid over to the secretary-treasurer of the department from time to time in such amounts as shall be directed by the Governor and the money so paid over to the secretary-treasurer of the department shall be held and used only for the accomplishment of the purposes of this article, and specifically for payment of the cost of acquiring, by construction or otherwise, maintaining and operating, or any of them, in promoting and aiding in the commercial flow of agricultural products within the state or in aid of commerce and use of the waterways of the state, all manner of elevators, facilities, warehouses, docks, water and rail terminals and other structures and facilities and improvements needful for the convenient use of the same. The cost of acquiring any facilities that may be acquired with the proceeds of bonds issued under this article shall be deemed to include, inter alia, (1) fees of engineers and attorneys and other expenses incidental to such acquisition; and (2) the cost of issuing those of the bonds that may be issued to provide funds for such acquisition. The proceeds derived from the sale of any refunding bonds issued hereunder shall be used only as provided in section 33-2-161.
","history":"(Acts 1969, No. 472, p. 917, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31193,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30347,"codeId":607,"versionId":439,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-159","shortTitle":"Section 33-2-159","catchLine":"Appropriation for Payment of Principal and Interest on Bonds.","title":"Section 33-2-159 Appropriation for Payment of Principal and Interest on Bonds.","sectionRange":null,"content":"There is hereby appropriated for the payment of the principal of and interest on any bonds issued hereunder, or under the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, the 1963 Docks Act, or the 1967 Docks Act, so much as may be necessary for that purpose of any moneys in the general fund of the state not otherwise appropriated.
","history":"(Acts 1969, No. 472, p. 917, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31194,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30348,"codeId":608,"versionId":440,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-160","shortTitle":"Section 33-2-160","catchLine":"Application of Revenues from Inland Facilities.","title":"Section 33-2-160 Application of Revenues from Inland Facilities.","sectionRange":null,"content":"The gross revenues derived from the operation of each unit of development comprising a part of the inland facilities shall be applied for the following purposes in the following order: (1) Payment of the expenses of operating and maintaining in good operating condition the unit of development from which such revenues are derived; and (2) payment of the expenses of operating and maintaining in good condition any other unit of development or units of development comprising a part of the inland facilities. Whenever the gross revenues received by the department from the inland facilities during a fiscal year shall be greater than the expenses of operating and maintaining in good operating condition the inland system during the fiscal year, then the revenues from the inland system remaining at the end of the fiscal year after compliance with the first sentence of this section shall be applied for that one or more or all of the following purposes that may be designated by the department, the sums to be so applied to be in such amounts and to be applied in such manner as the department may designate: (1) Retention of such amounts for use as working capital for the inland facilities as the department may determine to be reasonably necessary for such purpose; (2) payment of the cost of capital and improvements and additions to the inland facilities; and (3) payment at their respective maturities of the principal of or interest on any bonds theretofore issued and at the time outstanding under the 1957 Docks Amendment, the 1967 Docks Amendment, or under this article; provided, however, that the revenues from the operation of any unit of development the acquisition or construction of which was financed wholly or in part with bonds issued under the 1957 Docks Act shall, to such extent as may be required by the provisions of the 1957 Docks Act, be applied for payment at their respective maturities of those bonds issued under the 1957 Docks Act for payments into the sinking fund created in that act, and the revenues from the operation of any unit of development the acquisition or construction of which was financed wholly or in part with bonds issued under the 1959 Docks Act shall, to such extent as may be required by the provisions of the 1959 Docks Act, be applied for payment at their respective maturities of the principal of and the interest on those bonds issued under the 1959 Docks Act and for payments into the sinking fund created in that act, and the revenues from the operation of any unit of development the acquisition or construction of which was financed wholly or in part with bonds issued under the 1961 Docks Act shall, to such extent as may be required by the provisions of the 1961 Docks Act, be applied for payment at their respective maturities of the principal of and the interest on those bonds issued under the 1961 Docks Act and for payments into the sinking fund created in that act.
","history":"(Acts 1969, No. 472, p. 917, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31195,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30349,"codeId":611,"versionId":443,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-161","shortTitle":"Section 33-2-161","catchLine":"Refunding Bonds and Investments.","title":"Section 33-2-161 Refunding Bonds and Investments.","sectionRange":null,"content":"The state may at any time, and from time to time, issue refunding bonds for the purpose of refunding the principal of and the interest on any unmatured bonds of the state then outstanding which were theretofore issued under any one or more of this article, or the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, the 1963 Docks Act, or the 1967 Docks Act. The proceeds from the sale of such refunding bonds shall be paid to the State Treasurer and disbursed on order or resolution of the department solely to refund and retire those bonds for the refunding of which such refunding bonds are authorized to be issued, and to pay the expenses incurred in such refunding; provided, that pending the time such refunding can be consummated such proceeds may be invested as herein authorized. All provisions of this article pertaining to bonds issued under this article that are not inconsistent with the provisions of this section shall, to the extent applicable, also apply to the refunding bonds issued hereunder. The principal proceeds from the sale of any bonds issued hereunder, when not needed for the purposes for which such bonds were issued, and any other moneys received hereunder, when not needed for the purposes for which such moneys may be used, may, at the discretion of the director, with the approval of the Governor, be invested in direct general obligations of the United States of America and the earnings on any investment so made shall be used in the same manner that the moneys so invested are herein provided to be used.
","history":"(Acts 1969, No. 472, p. 917, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31196,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30350,"codeId":615,"versionId":445,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-162","shortTitle":"Section 33-2-162","catchLine":"Separate Records as to Each Unit of Development.","title":"Section 33-2-162 Separate Records as to Each Unit of Development.","sectionRange":null,"content":"The department shall establish and maintain a separate record with respect to each unit of development that may have been or may be acquired, constructed or operated in whole or in part under the provisions of this article, or under the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, the 1963 Docks Act or the 1967 Docks Act. Each such separate record shall show: (1) The total amount of the capital investment in each such unit of development, including the amount of such capital investment derived from the proceeds of the bonds issued hereunder, or under the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, the 1963 Docks Act or the 1967 Docks Act; and the amount, if any, of the said capital investment derived from any other source; (2) the expense of operating each such unit of development; and (3) the gross revenues derived from the operation of each such unit of development. In the event any proceeds from bonds issued either under this article, or under the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, the 1963 Docks Act or the 1967 Docks Act shall be used to pay any of the operating expenses of any unit of development, the amount of bond proceeds so used shall be deemed a part of the capital investment in such unit of development.
","history":"(Acts 1969, No. 472, p. 917, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31197,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30351,"codeId":618,"versionId":448,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-163","shortTitle":"Section 33-2-163","catchLine":"Use of Surplus Revenues of Port of Mobile Facilities to Pay Operating Deficit.","title":"Section 33-2-163 Use of Surplus Revenues of Port of Mobile Facilities to Pay Operating Deficit.","sectionRange":null,"content":"If at the end of any fiscal year there are surplus revenues of the Port of Mobile facilities with respect to that fiscal year and an operating deficit of the inland facilities with respect to that fiscal year, then any such surplus revenues shall be used to meet any such operating deficit.
","history":"(Acts 1969, No. 472, p. 917, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31198,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30352,"codeId":621,"versionId":450,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-164","shortTitle":"Section 33-2-164","catchLine":"Rates and Charges for Use of Facilities.","title":"Section 33-2-164 Rates and Charges for Use of Facilities.","sectionRange":null,"content":"The department shall have the right and power to fix from time to time and to collect reasonable rates and charges for services rendered by, and for the use of, facilities acquired, constructed or operated pursuant to the provisions of this article.
","history":"(Acts 1969, No. 472, p. 917, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31199,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30353,"codeId":624,"versionId":453,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-165","shortTitle":"Section 33-2-165","catchLine":"Revocation of Licenses to Occupy State Property.","title":"Section 33-2-165 Revocation of Licenses to Occupy State Property.","sectionRange":null,"content":"Any license heretofore granted by the state, either expressly or by implication, permitting the upland owner to occupy any part of the space between the high-water mark and the low-water mark of any navigable waterway of this state, or along the banks of any river, stream or waterway of this state, may be revoked or cancelled by the department in the same manner and subject to the same conditions as those set forth in Section 33-2-16.
","history":"(Acts 1969, No. 472, p. 917, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31200,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30354,"codeId":627,"versionId":455,"parentId":582,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-166","shortTitle":"Section 33-2-166","catchLine":"Bonds and Interest Exempt from Taxation.","title":"Section 33-2-166 Bonds and Interest Exempt from Taxation.","sectionRange":null,"content":"Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the State of Alabama or any political subdivision thereof.
","history":"(Acts 1969, No. 472, p. 917, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31201,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30355,"codeId":632,"versionId":null,"parentId":334,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"7","shortTitle":"Article 7","catchLine":"Acquisition, Construction, Financing, and Improvement of State Docks Facilities.","title":"Article 7 Acquisition, Construction, Financing, and Improvement of State Docks Facilities.","sectionRange":"§33-2-180 to §33-2-203","content":null,"history":null,"numChildren":21,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31202,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30356,"codeId":633,"versionId":47762,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-180","shortTitle":"Section 33-2-180","catchLine":"Definitions.","title":"Section 33-2-180 Definitions.","sectionRange":null,"content":"Where used in this article the following terms shall have the following respective meanings unless the context hereof clearly indicates otherwise:
(1) DEPARTMENT. Alabama State Port Authority created in Chapter 1 of Title 33.
(2) DIRECTOR. The Director of the State Port Authority provided for in Section 33-1-3.
(3) DOCKS FACILITIES. Docks and all kinds of docks facilities, including elevators, compresses, conveyors, warehouses, water and rail terminals, bulk handling facilities, coal handling facilities, grain elevator facilities, wharves, piles, quays, cold storage facilities, loading and unloading facilities, and other related structures, facilities, equipment, property, and improvements of every kind necessary for the convenient use of same, in aid of commerce and use of the waterways of the state that are owned or held, or are or are to be under the management and control of the department.
(4) DOCKS FACILITIES REVENUE BONDS. The revenue bonds authorized in Section 33-2-181 to be sold and issued by the department.
(5) DOCKS FACILITIES REVENUES. All gross revenues of the department derived from charges made by the department for all services provided by the department to, and for the use of docks facilities by, persons using any of the docks facilities, including all special handling and processing charges, tariffs, surcharges, and other fees, but excluding any amounts received by the department from state taxes or licenses or from appropriations to the department made by the state.
(6) 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 such 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.
(7) INDUSTRIAL BOARD BONDS. Those bonds of the industrial development board, dated February 1, 1981, and issued to provide funds for the construction, lease, and purchase of the industrial board project and for other purposes related thereto.
(8) INDUSTRIAL BOARD PROJECT. Certain additions to the docks facilities financed through the issuance of the industrial board bonds and leased to the department by the industrial development board pursuant to a lease and agreement dated as of February 1, 1981.
(9) INDUSTRIAL DEVELOPMENT BOARD. The Industrial Development Board of the City of Mobile, Alabama, a public corporation and instrumentality that was organized and is existing under the provisions of Act No. 648 enacted at the 1949 Regular Session of the Legislature, as amended (codified as Sections 11-54-80 through 11-54-123).
(10) LEGISLATURE. The Legislature of Alabama.
(11) OUTSTANDING BONDS. Any docks facilities revenue bonds issued under this article, any refunding bonds issued under this article, the seaport facility bonds, the state general obligation docks bonds, and the industrial board bonds, at any time issued and outstanding.
(12) REFUNDING BONDS. Those refunding bonds authorized in Section 33-2-182 to be sold and issued by the department.
(13) SEAPORT FACILITY BONDS. The department’s seaport facility revenue and special excise tax bonds, dated March 1, 1972, issued pursuant to Act No. 64 enacted at the 1971 First Special Session of the Legislature, as amended, and the department’s seaport facility revenue bonds, Series 1978, dated November 1, 1978, issued pursuant to Act No. 703 enacted at the 1976 Regular Session of the Legislature, as amended.
(14) STATE. The State of Alabama.
(15) STATE GENERAL OBLIGATION DOCKS BONDS. The general obligation docks expansion bonds of the state, dated March 1, 1966, the general obligation docks capital extension bonds of the state, dated March 1, 1968, and the general obligation docks facilities bonds, Series 1970, of the state, dated September 1, 1970.
(16) STATE TREASURER. The State Treasurer of the state.
","history":"(Acts 1984, No. 84-412, p. 963, §1; Act 2022-149, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31203,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30357,"codeId":635,"versionId":460,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-181","shortTitle":"Section 33-2-181","catchLine":"Authorization to Issue Docks Facilities Revenue Bonds.","title":"Section 33-2-181 Authorization to Issue Docks Facilities Revenue Bonds.","sectionRange":null,"content":"The department, with the approval of the Governor, may from time to time and at any time, issue its docks facilities revenue bonds in such aggregate principal amounts as the department, with the approval of the Governor, may determine to be advisable, for the purpose of providing funds for the acquisition, construction, equipment or improvement of docks facilities, together with the expenses incident to the authorization, issuance and sale of such docks facilities revenue bonds. The cost of so acquiring, constructing, equipping and improving such docks facilities shall be deemed to include interest that will either accrue or become payable on the docks facilities revenue bonds issued therefor during the period required for the acquisition, construction, equipment and improvement of such docks facilities, plus a period not exceeding six months after the completion thereof. The powers conferred on the department by this article are in addition to all powers heretofore conferred on the department by the Constitution and laws of Alabama.
","history":"(Acts 1984, No. 84-412, p. 963, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31204,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30358,"codeId":639,"versionId":462,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-182","shortTitle":"Section 33-2-182","catchLine":"Authorization to Issue Refunding Bonds.","title":"Section 33-2-182 Authorization to Issue Refunding Bonds.","sectionRange":null,"content":"Subject to the provisions contained in this article, the department may from time to time sell and issue its refunding bonds for the purpose of refunding any or all of the outstanding bonds then outstanding, together with any interest thereon whether due and unpaid at the time of issuance of such refunding bonds or not, and with any premium that may be necessary to be paid in order to redeem or retire those outstanding bonds proposed to be refunded.
In the discretion of the department, with the approval of the Governor, refunding bonds may be issued in exchange for outstanding bonds or they may be sold and the proceeds thereof applied to the purchase, redemption or payment of outstanding bonds. Refunding bonds to be issued in exchange for outstanding bonds may be issued in such principal amount as the department shall determine. Refunding bonds to be sold may be issued in such principal amount as shall be determined by the department, provided that such refunding bonds shall not be sold and issued in an aggregate principal amount exceeding the sum of (i) the outstanding principal amount of the outstanding bonds to be refunded, (ii) the interest accrued and to accrue on the outstanding bonds to be refunded until the respective maturities thereof, or if the outstanding bonds to be refunded are to be called for redemption (either on the earliest date on which under their terms they may be redeemed or some later date or dates), the interest accrued and to accrue thereon until the date or dates on which they are to be called for redemption, (iii) the amount of any redemption premium required, by the terms of the outstanding bonds, to be paid as a condition to their redemption prior to their respective maturities, (iv) the amount, if any, required to be deposited in an interest account or a reserve account, and (v) the amount of any expenses (actual or estimated) of such refunding, including without limitation, the expenses of selling and issuing the refunding bonds (including any discount reflected in the purchase price thereof paid to the department), bond insurance premiums, fees and disbursements of attorneys, accountants, financial advisors and other consultants, fees and disbursements of trustees and escrow agents, printing costs and other customary bond issuance expenses.
","history":"(Acts 1984, No. 84-412, p. 963, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31205,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30359,"codeId":644,"versionId":464,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-183","shortTitle":"Section 33-2-183","catchLine":"Docks Facilities Revenue Bonds and Refunding Bonds - Generally.","title":"Section 33-2-183 Docks Facilities Revenue Bonds and Refunding Bonds - Generally.","sectionRange":null,"content":"The docks facilities revenue bonds and the refunding bonds shall be in such forms and denominations and of such tenor and maturities (either serial or term or a combination thereof), provided that no docks facilities revenue bond or refunding bond shall have a specified maturity date, including sinking fund redemptions, later than 30 years after its date, shall bear such rate or rates of interest (including a zero rate of interest) payable and evidenced in such manner, and may contain other provisions not inconsistent with this article, all as may be provided in the order or orders of the director in which the docks facilities revenue bonds or the refunding bonds, respectively, are authorized to be issued; provided, that no such order shall be valid without the written approval of the Governor.
Notwithstanding any other provision of this article to the contrary, the director may, in connection with the issuance of docks facilities revenue bonds and refunding bonds pursuant to this article, provide by order for places of payment (either within or without the state); registration provisions; exchange privileges; method of delivery; entering into contracts with banks and trust companies located either within or without the state to act as registrars, paying agents, transfer agents, depositories for safekeeping, agents for the delivery and payment of bonds, authenticating agents or otherwise; and covenants for the security and better marketability of the docks facilities revenue bonds and refunding bonds, including but not limited to the establishment of an interest account to be funded with the proceeds of docks facilities revenue bonds or refunding bonds for the payment of interest on such bonds, and the establishment of reserves or sinking funds to secure or to pay such docks facilities revenue bonds or refunding bonds, incident to or necessary or convenient to the purposes of the department and the provision for the investment of such interest accounts or reserves or sinking funds at the direction of the department. The department may department may, in the order or orders of the director under which any of the docks facilities revenue bonds or the refunding bonds are issued, retain an option to redeem all or any thereof at such redemption price or prices and after such notice or notices and on such terms and conditions and at such time or times as may be set forth in the said order or orders and as may be briefly recited on the docks facilities revenue bonds or the refunding bonds with respect to which such option of redemption is retained.
","history":"(Acts 1984, No. 84-412, p. 963, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31206,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30360,"codeId":647,"versionId":467,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-184","shortTitle":"Section 33-2-184","catchLine":"Docks Facilities Revenue Bonds and Refunding Bonds - Execution.","title":"Section 33-2-184 Docks Facilities Revenue Bonds and Refunding Bonds - Execution.","sectionRange":null,"content":"The docks facilities revenue bonds and refunding bonds shall be signed by the director and attested by the secretary-treasurer of the department, and all interest coupons (if any) applicable to the docks facilities revenue bonds or refunding bonds shall be signed by the director; provided, that a facsimile of the signatures of either or both of said officers may be printed or otherwise reproduced on any of the docks facilities revenue bonds or refunding bonds in lieu of their being manually signed, and a facsimile of the director’s signature may be printed or otherwise reproduced on any of the interest coupons in lieu of their being manually signed. The seal of the department shall be impressed on the docks facilities revenue bonds and refunding bonds, provided that a facsimile of the said seal may be printed or otherwise reproduced on any of the docks facilities revenue bonds or refunding bonds in lieu of being manually impressed thereon.
","history":"(Acts 1984, No. 84-412, p. 963, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31207,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30361,"codeId":650,"versionId":469,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-185","shortTitle":"Section 33-2-185","catchLine":"Docks Facilities Revenue Bonds and Refunding Bonds - Sale.","title":"Section 33-2-185 Docks Facilities Revenue Bonds and Refunding Bonds - Sale.","sectionRange":null,"content":"Docks facilities revenue bonds and refunding bonds may be sold by the department from time to time in series, and if sold in more than one series may all be authorized in one initial order of the director with the pledges therefor made in such initial order, notwithstanding that details applicable to each series may be specified in the respective orders under which such series are issued. Each series of the docks facilities revenue bonds or refunding bonds may be sold at public or private sale, as determined by the director, at such price or prices as the director shall determine, and if sold at public sale either on sealed bids or at public auction, to the bidder whose bid reflects the lowest true interest cost to the department for the series of the docks facilities revenue bonds or refunding bonds being sold, computed from the date of those at the time being sold to their respective maturities and taking into account any premium or discount named in the bid therefor; provided, that if in the event of public sale of the docks facilities revenue bonds or refunding bonds no bid acceptable to the department is received it may reject all bids. Notice or summary notice of each public sale shall be given by publication in either a financial journal or a financial newspaper published in the City of New York, New York, and also by publication in a newspaper published in the state which is customarily published not less than five days during each calendar week, each of which notices or summary notices must be published at least one time not less than 10 days prior to the date fixed for the sale. The director may fix the terms and conditions under which each such sale may be held; provided, that such terms and conditions shall not conflict with any of the requirements of this article. At least thirty (30) days prior to the publication of notice or summary notice of the public sale, the department shall notify the Governor, the Lieutenant Governor, the Speaker of the House of Representatives and the members of the Legislative Council of the proposed use of the bond proceeds from the sale of bond. Approval by the Governor of the terms and conditions under which any of the docks facilities revenue bonds or refunding bonds may be issued shall be requisite to their validity. The Governor’s approval shall be in writing and shall be entered on the order of the director in which the series of the docks facilities revenue bonds or refunding bonds proposed to be issued are authorized or sold. Such approval by the Governor may be shown on any series of the docks facilities revenue bonds or refunding bonds by a facsimile of his signature printed or otherwise reproduced thereon when authorization of such action is contained in the approval signed by him. Neither a public hearing nor consent by the Department of Finance of the state or any other department or agency shall be a prerequisite to the issuance of any of the docks facilities revenue bonds or refunding bonds.
","history":"(Acts 1984, No. 84-412, p. 963, § 6; Acts 1997, No. 97-410, p. 671, § 1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31208,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30362,"codeId":653,"versionId":471,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-186","shortTitle":"Section 33-2-186","catchLine":"Docks Facilities Revenue Bonds and Refunding Bonds - Nature Of; Pledge; Negotiable Instruments.","title":"Section 33-2-186 Docks Facilities Revenue Bonds and Refunding Bonds - Nature Of; Pledge; Negotiable Instruments.","sectionRange":null,"content":"The docks facilities revenue bonds and refunding bonds shall not be general obligations of the department but shall be payable solely out of docks facilities revenues. As security for the payment of the principal of, premium, if any, and interest on the docks facilities revenue bonds and refunding bonds issued by it under this article, the department is hereby authorized and empowered to pledge for payment of the said principal, premium, if any, and interest all or any part of the docks facilities revenues. All contracts made and all docks facilities revenue bonds and refunding bonds issued by the department pursuant to the provisions of this article shall be solely and exclusively obligations of the department and shall not be an obligation or debt of the state. The docks facilities revenue bonds and refunding bonds, except while registered, shall be construed to be negotiable instruments although payable solely from a specified source as herein provided.
","history":"(Acts 1984, No. 84-412, p. 963, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31209,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30363,"codeId":656,"versionId":474,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-187","shortTitle":"Section 33-2-187","catchLine":"Docks Facilities Revenue Bonds and Refunding Bonds - Exemption from Taxation; Use to Secure Deposit and for Investment of Fiduciary Funds Authorized.","title":"Section 33-2-187 Docks Facilities Revenue Bonds and Refunding Bonds - Exemption from Taxation; Use to Secure Deposit and for Investment of Fiduciary Funds Authorized.","sectionRange":null,"content":"Docks facilities revenue bonds and refunding bonds and the income therefrom shall be exempt from all taxation in the state. Any of the docks facilities revenue bonds or refunding bonds may be used by the holder thereof as security for the deposit of any funds belonging to the state or to any instrumentality or agency of the state in any instance where security for such deposits may be required by law. Unless otherwise directed by the court having jurisdiction thereof, or by the document that is the source of power, a trustee, executor, administrator, guardian, or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest fiduciary funds in any of the docks facilities revenue bonds or refunding bonds.
","history":"(Acts 1984, No. 84-412, p. 963, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31210,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30364,"codeId":659,"versionId":478,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-188","shortTitle":"Section 33-2-188","catchLine":"Docks Facilities Revenue Bonds and Refunding Bonds - Disposition of Proceeds of Refunding Bonds.","title":"Section 33-2-188 Docks Facilities Revenue Bonds and Refunding Bonds - Disposition of Proceeds of Refunding Bonds.","sectionRange":null,"content":"The proceeds of refunding bonds shall be applied, together with any other moneys legally available therefor to the payment of the expenses authorized by this article and to the payment of the principal of, premium, if any, and interest due and to become due on any outstanding bonds to be refunded thereby and, if so required by order of the director, shall be deposited by the department, with one or more trustees or escrow agents, which trustees or escrow agents shall be trust companies or national or state banks, located either within or without the state, having powers of a trust company, in an interest account to pay interest on refunding bonds, and in a reserve account to further secure the payment of the principal of, premium, if any, and interest on any refunding bonds. Proceeds of refunding bonds may also be applied to repay the department’s lease obligations with respect to the industrial board project and to pay the costs of any surety bond or bonds that the department may cause to be deposited in a reserve account to further secure the payment of principal of, premium, if any, and interest on any refunding bonds. To the extent not required for the immediate payment of outstanding bonds or for deposit into an interest account or a reserve account, or for the payment of the expenses and costs authorized by this section, proceeds of refunding bonds together with any other moneys legally available therefor, shall be deposited in trust, on such terms as the director shall approve, with one or more trustees or escrow agents, which trustees or escrow agents shall be trust companies or national or state banks, located either within or without the state, having powers of a trust company. Any such proceeds or moneys deposited in trust with one or more trustees or escrow agents shall be applied solely to the payment when due of the principal of, premium, if any, and interest due and to become due on the outstanding bonds to be refunded thereby on or prior to the redemption date or maturity date thereof, as the case may be. Any such proceeds or moneys so deposited with one or more trustees or escrow agents, may be invested in government securities; provided, such government securities shall not be subject to redemption prior to their maturity other than at the option of the holder thereof. Except as provided in the immediately succeeding sentence, neither the government securities nor moneys so deposited with one or more trustees or escrow agents shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the principal of, premium, if any, and interest on such outstanding bonds to be refunded thereby; provided that any cash received from such principal or interest payments on such government securities deposited with one or more trustees or escrow agents, (1) to the extent such cash will not be required at any time for such purpose, shall be paid over by said trustees or escrow agents to the department, as received, and (2) to the extent such cash will be required for such purpose at a later date, shall, to the extent practicable and legally permissible, be reinvested in government securities maturing at times and in amounts sufficient to pay when due the principal of, premium, if any, and interest on such outstanding bonds on and prior to such redemption date or maturity date thereof, as the case may be, and interest earned from such reinvestments to the extent not required for the payment of such outstanding bonds shall be paid over by said trustees or escrow agents to the department, as received. Notwithstanding anything to the contrary contained herein, (1) moneys on deposit pursuant to the provisions of this section may be applied and government securities so deposited may be redeemed and sold and the proceeds thereof applied to (i) the purchase of the outstanding bonds which were refunded by the deposit with the trustee or escrow agent of such moneys and government securities and immediately thereafter all outstanding bonds so purchased shall be cancelled, or (ii) the purchase of different government securities; provided, however, that the moneys and government securities on deposit with one or more trustees or escrow agents after such purchase and cancellation of such outstanding bonds or such purchase of different government securities shall be sufficient to pay when due the principal of, premium, if any, and interest on all other outstanding bonds in respect of which such moneys and government securities were deposited on or prior to the redemption date or maturity date thereof, as the case may be; and (2) in the event that on any date, as a result of any purchases and cancellations of outstanding bonds or any purchases of different government securities as provided in this sentence, the total amount of moneys and government securities remaining on deposit with the trustee or escrow agent, is in excess of the total amount which would have been required to be deposited with the trustee or escrow agent on such date in respect of the remaining outstanding bonds for which such deposit was made in order to pay when due the principal of, premium, if any, and interest on such remaining outstanding bonds, the trustee or escrow agent shall, if so directed by the director, pay the amount of such excess to the department.
All applications of proceeds of refunding bonds or other moneys as provided in this section, including without limitation the investment thereof and the sale of any related government securities, shall be at the direction of the director.
Notwithstanding any law to the contrary, moneys of the department may be used from time to time as provided by any authorizing order of the director to replenish withdrawals from any reserve account created pursuant to this section.
In order to enhance the marketability of docks facilities revenue bonds and refunding bonds, since the pledge herein authorized of docks facilities revenues is subordinate to the pledges heretofore made for certain of the outstanding bonds, the department is authorized, in any order of the director relating to any refunding bonds, to covenant with the holders of any docks facilities revenue bonds or any refunding bonds that the proceeds of any refunding bonds and any other moneys deposited in trust as provided in this section for the payment when due of any outstanding bonds refunded thereby, shall not be withdrawn or used for any purpose other than as provided in this section and in such order of the director.
","history":"(Acts 1984, No. 84-412, p. 963, §9; Acts 1997, No. 97-410, p. 671, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31211,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30365,"codeId":663,"versionId":27585,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-189","shortTitle":"Section 33-2-189","catchLine":"Docks Facilities Revenue Bonds and Refunding Bonds - Disposition of Proceeds of Docks Facilities Revenue Bonds.","title":"Section 33-2-189 Docks Facilities Revenue Bonds and Refunding Bonds - Disposition of Proceeds of Docks Facilities Revenue Bonds.","sectionRange":null,"content":"The department shall pay out of the proceeds from the sale of any of the docks facilities revenue bonds all expenses that the director may deem necessary or advantageous in connection with the sale and issuance of such docks facilities revenue bonds (including any discount reflected in the purchase price thereof paid to the department), including fees and disbursements of attorneys, accountants, financial advisors, consulting engineers, and other consultants, fees and disbursements of trustees and escrow agents, bond insurance premiums, printing costs, and other customary bond issuance expenses. Proceeds of any of the docks facilities revenue bonds may also be applied to pay the costs of any surety bonds or bonds that the department may cause to be deposited in a reserve account to further secure the payment of principal of, premium, if any, and interest on any docks facilities revenue bonds. The proceeds of the docks facilities revenue bonds remaining after paying the expenses of their sale and issuance and the costs of any such surety bond or bonds shall be deposited by the department in a special fund called the Docks Facilities Construction and Acquisition Account and, if so required by order of the director, with one or more trustees or escrow agents in an interest account to pay interest on docks facilities revenue bonds, and in a reserve account to further secure the payment of principal of, premium, if any, and interest on any docks facilities revenue bonds. Moneys in the Docks Facilities Construction and Acquisition Account may be invested by the department in government securities or other investments in accordance with the orders pursuant to which the docks facilities revenue bonds are issued. The Docks Facilities Construction and Acquisition Account shall be subject to be drawn on by the director, upon the approval of the Governor, but only for the purpose of paying costs of acquiring, constructing, equipping, and improving docks facilities (including the acquisition of property necessary for such acquisition, construction, and equipment and improvement) and to prepay the department’s lease obligations with respect to the industrial board project and to purchase the industrial board project. Notwithstanding any law to the contrary, moneys of the department may be used from time to time as provided by any authorizing order of the director to replenish withdrawals from any reserve account created pursuant to this section. Interest earnings derived from the investment of any proceeds of docks facilities revenue bonds shall be disposed of as may be provided by the order of the director authorizing the issuance of docks facilities revenue bonds.
","history":"(Acts 1984, No. 84-412, p. 963, §10; Acts 1997, No. 97-410, p. 671, §1; Act 2007-280, p. 379, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31212,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30366,"codeId":666,"versionId":483,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-190","shortTitle":"Section 33-2-190","catchLine":"Docks Facilities Revenue Bonds and Refunding Bonds - Defeasance.","title":"Section 33-2-190 Docks Facilities Revenue Bonds and Refunding Bonds - Defeasance.","sectionRange":null,"content":"Any docks facilities revenue bond or refunding bond issued pursuant to the provisions of this article shall no longer be deemed to be outstanding, shall no longer be secured by the docks facilities revenues that may have been pledged therefor, shall no longer constitute a limited obligation of the department, and shall be secured solely by and payable solely from moneys and government securities deposited in trust with one or more trustees or escrow agents as provided herein, whenever there shall be deposited in trust with one or more trustees or escrow agents, as provided herein, either moneys or government securities the principal of and interest on which when due will provide moneys which, together with the moneys, if any, deposited with one or more trustees or escrow agents, at the same time, shall be sufficient to pay when due the principal of, premium, if any, and interest due and to become due on such bonds on or prior to the redemption date or maturity date thereof, as the case may be; provided, such government securities shall not be subject to redemption prior to their maturity other than at the option of the holder thereof. Except as provided in the immediately succeeding sentence hereof, neither the government securities nor moneys so deposited with one or more trustees or escrow agents, shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the principal of, premium, if any, and interest to become due on such bonds; provided that any cash received from such principal or interest payments on such government securities deposited with one or more trustees or escrow agents, (1) to the extent such cash will not be required at any time for such purpose, shall be paid over to the department as received, free and clear of any trust, lien, pledge or assignment securing such bonds, and (2) to the extent such cash will be required for such purpose at a later date, shall, to the extent practicable and legally permissible, be reinvested in government securities maturing at times and in amounts sufficient to pay when due the principal of, premium, if any, and interest to become due on such bonds on and prior to such redemption date or maturity date thereof, as the case may be, and interest earned from such reinvestments to the extent not required for the payment of such bonds shall be paid over to the department, as received, free and clear of any trust, lien or pledge securing such bonds.
Notwithstanding anything to the contrary contained herein:
(1) Moneys deposited pursuant to the provisions of this section may be applied and government securities so deposited may be redeemed and sold and the proceeds thereof applied to (i) the purchase of the docks facilities revenue bonds or refunding bonds which were defeased by the deposit with the trustee or escrow agent of such moneys and government securities and immediately thereafter all docks facilities revenue bonds or refunding bonds so purchased shall be cancelled, or (ii) the purchase of different government securities; provided, however, that the moneys and government securities on deposit with one or more trustees or escrow agents after such purchase and cancellation of such docks facilities revenue bonds or refunding bonds or such purchase of different government securities shall be sufficient to pay when due the principal of, premium, if any, and interest on all other docks facilities revenue bonds or refunding bonds in respect of which such moneys and government securities were deposited with the trustee or escrow agent on or prior to the redemption date or maturity date thereof, as the case may be; and
(2) In the event that on any date, as a result of any purchases and cancellations of docks facilities bonds or refunding bonds or any purchases of different government securities as provided in this sentence, the total amount of moneys and government securities remaining on deposit with the trustee or escrow agent is in excess of the total amount which would have been required to be deposited with the trustee or escrow agent on such date in respect of the remaining docks facilities revenue bonds or refunding bonds for which such deposit was made in order to pay when due the principal of, premium, if any, and interest on such remaining docks facilities revenue bonds or refunding bonds, or the trustee or escrow agent shall pay over the amount of such excess to the department free and clear of any trust, lien, pledge or assignment securing such docks facilities revenue bonds or refunding bonds.
All applications of proceeds and moneys as provided in this section, including without limitation the investment thereof and the sale of any related securities, shall be at the direction of the director.
","history":"(Acts 1984, No. 84-412, p. 963, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31213,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30367,"codeId":669,"versionId":485,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-191","shortTitle":"Section 33-2-191","catchLine":"Docks Facilities Revenue Bonds and Refunding Bonds - Continuation of Special Charges.","title":"Section 33-2-191 Docks Facilities Revenue Bonds and Refunding Bonds - Continuation of Special Charges.","sectionRange":null,"content":"The department is hereby authorized to continue to impose and collect all charges and other fees presently imposed and collected, pursuant to statutory authorization, by the department for the use of docks facilities or the handling or processing of cargo and commodities, irrespective of any statutory provisions providing for the termination of such charges and fees upon the happening of certain events, including specifically the special handling charge on coal handled by the department authorized to be imposed by Act No. 64 enacted at the 1971 Special Session of the Legislature, as amended, and the special processing charge on coal processed by the department authorized to be imposed by Act No. 703 enacted at the 1976 Regular Session of the Legislature, as amended, and all statutory provisions respecting or requiring the termination of such charges and fees in certain events are hereby repealed. The proceeds of such charges and fees shall be considered for all purposes hereof as part of docks facilities revenues, provided that all pledges thereof shall be subordinate in all respects to any appropriations or pledges heretofore made for the payment of any of the outstanding bonds, provided that the priorities of any such docks facilities revenue bonds and refunding bonds over each other as to any pledge provided herein shall be as provided in the order or orders of the director authorizing any such docks facilities revenue bonds and refunding bonds.
","history":"(Acts 1984, No. 84-412, p. 963, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31214,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30368,"codeId":671,"versionId":488,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-192","shortTitle":"Section 33-2-192","catchLine":"Docks Facilities Revenue Bonds and Refunding Bonds - Pledge.","title":"Section 33-2-192 Docks Facilities Revenue Bonds and Refunding Bonds - Pledge.","sectionRange":null,"content":"All moneys hereby pledged shall constitute a sinking fund for the purpose of paying the principal of, premium, if any, and the interest on the docks facilities revenue bonds and refunding bonds. As security for the payment of the principal of, premium, if any, and interest on the docks facilities revenue bonds and the refunding bonds issued under this article, the department is authorized to pledge the proceeds of the pledge herein provided for, including moneys on deposit in any interest account or reserve account herein authorized to be created and the interest income from the investment of moneys on deposit in such interest account or reserve account, and the docks facilities construction and acquisition account.
Any pledge made pursuant to this section shall be valid and binding from the time the pledge is made. The income or revenue so pledged shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the state or the department, irrespective of whether such parties have notice thereof. Neither the order nor any other instrument by which a pledge is created need be filed or recorded, except in the records of the department.
","history":"(Acts 1984, No. 84-412, p. 963, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31215,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30369,"codeId":674,"versionId":491,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-193","shortTitle":"Section 33-2-193","catchLine":"Docks Facilities Revenue Bonds and Refunding Bonds - Preservation of Outstanding Appropriations, Pledges and Covenants by State and Department.","title":"Section 33-2-193 Docks Facilities Revenue Bonds and Refunding Bonds - Preservation of Outstanding Appropriations, Pledges and Covenants by State and Department.","sectionRange":null,"content":"It is the intention of the Legislature in enacting this article to preserve inviolate all appropriations and pledges heretofore made of any portion of any revenues of the department for the benefit of any of the outstanding bonds.
The state does hereby covenant and agree with the holder of each docks facilities revenue bond or refunding bond issued pursuant to the authority of this article that while any such bonds are outstanding and unpaid (a) neither the state nor the department will appropriate or pledge any portion of the docks facilities revenues for the benefit of any obligations that may at any time be issued pursuant to any statute, ranking on a parity with or superior to the pledge made for the benefit of docks facilities revenue bonds and refunding bonds herein authorized, provided that such covenant and agreement shall not be construed so as to limit the issuance of any obligations subordinate to such pledge, and (b) the state will not change or otherwise alter the duties, responsibilities, obligations or authority of the State Treasurer or the department as provided herein in a manner adverse to the interests of any holder of any docks facilities revenue bond or refunding bond issued under this article.
","history":"(Acts 1984, No. 84-412, p. 963, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31216,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30370,"codeId":675,"versionId":492,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-194","shortTitle":"Section 33-2-194","catchLine":"Docks Facilities Revenue Bonds and Refunding Bonds - Covenant by Department to Maintain Charges and Other Fees.","title":"Section 33-2-194 Docks Facilities Revenue Bonds and Refunding Bonds - Covenant by Department to Maintain Charges and Other Fees.","sectionRange":null,"content":"For the benefit of the holders from time to time of the docks facilities revenue bonds and the refunding bonds herein authorized, and in order to secure maximum prices for said bonds, and in consideration of the purchase and acceptance of said bonds by such holders, the department may, in any order of the director authorizing the issuance of docks facilities revenue bonds or refunding bonds, irrevocably covenant and agree that while any of such docks facilities revenue bonds or refunding bonds are outstanding and unpaid, all charges, including special handling and processing charges, tariffs, surcharges, and other fees of the department shall be maintained at such levels as the department shall specify.
","history":"(Acts 1984, No. 84-412, p. 963, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31217,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30371,"codeId":677,"versionId":493,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-195","shortTitle":"Section 33-2-195","catchLine":"State Treasurer to Disburse Funds.","title":"Section 33-2-195 State Treasurer to Disburse Funds.","sectionRange":null,"content":"Repealed by Acts 2007-280, p. 379, §6, and 2007-384, p. 766, §2, effective September 1, 2007.
","history":"(Acts 1984, No. 84-412, p. 963, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31218,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30372,"codeId":682,"versionId":495,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-196","shortTitle":"Section 33-2-196","catchLine":"Reserve Funds for Outstanding Bonds.","title":"Section 33-2-196 Reserve Funds for Outstanding Bonds.","sectionRange":null,"content":"In the event there shall have been established any reserve or other similar funds for the benefit of any of the outstanding bonds and if the outstanding bonds for which those funds were established are refunded in full by the issuance of refunding bonds hereunder and if under the terms of the instruments establishing such funds, such funds need not be continued for payment of debt service on any outstanding bonds, then any moneys contained in such funds, and any interest accrued with respect thereto after the issuance of said refunding bonds, shall be paid over to the department for its use in providing additions to the docks facilities and for no other purpose, any statutory provision enacted prior to May 29, 1984 to the contrary notwithstanding.
","history":"(Acts 1984, No. 84-412, p. 963, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31219,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30373,"codeId":33292,"versionId":27660,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-200","shortTitle":"Section 33-2-200","catchLine":"Definitions.","title":"Section 33-2-200 Definitions.","sectionRange":null,"content":"The words and terms used in this division shall have the same definitions as provided in Section 33-2-180. In addition, the following words and terms shall be given the following respective meanings:
(1) INDENTURE. Any mortgage, indenture of mortgage, deed of trust, trust agreement, or trust indenture executed by the department as security for its special purpose obligations.
(2) PRIVATE FACILITIES. Any and all kinds of buildings, improvements, equipment, or other facilities for the use and benefit of one or more commercial enterprises engaged in the manufacturing, processing, assembling, storing, warehousing, distributing, or selling of any products of agriculture, mining, or industry, or other commercial activity or research in connection therewith which is determined by the department’s board of directors, in its discretion, to aid commerce and use of the waterways of the state.
(3) PRIVATE FACILITY PAYMENTS. Rentals or other payments made to the department by one or more commercial enterprises for the right to use any private facilities financed with special purpose obligations but not including any rentals or charges payable to the department for the lease or use of its lands underlying any private facilities or any other docks facilities revenues. Any private facility payments shall not be considered docks facilities revenues and shall not be subject to any restrictions or provisions governing any docks facilities revenue bonds.
(4) SHORT-TERM OBLIGATIONS. Any agreements entered into or obligations issued by the department, including any agreements for a line of credit providing for periodic draws from and payments against a line of credit for the purpose of financing the operations or other non-capital expenses of the authority.
(5) SPECIAL PURPOSE OBLIGATIONS. Any bonds or other obligations authorized to be issued and sold by the department to finance private facilities and which are payable solely from private facility payments.
","history":"(Act 2007-280, p. 379, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31220,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30374,"codeId":33293,"versionId":27661,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-201","shortTitle":"Section 33-2-201","catchLine":"Special Purpose Obligations.","title":"Section 33-2-201 Special Purpose Obligations.","sectionRange":null,"content":"(a) The department, from time to time, may issue special purpose obligations, which shall be limited obligations of the department payable from and secured solely by a pledge of private facility payments made by or on behalf of one or more commercial enterprises for the right to use the private facilities financed thereby and shall not be payable from docks facilities revenues or otherwise give rise to any liability on the part of the department other than the private facility payments pledged as security therefor. No special purpose obligation shall give rise to any liability or constitute a debt or obligation of the state or a charge against its credit or taxing powers.
(b) Any special purpose obligations shall be issued pursuant to a resolution of the board of directors of the department. As security for the payment of any special purpose obligations, the department is authorized to pledge for the payment of the obligations any private facility payments made by or on behalf of one or more commercial enterprises for the right to use private facilities financed thereby, which pledge shall be governed by the terms of an indenture or the resolution authorizing the issuance of the obligations. The resolution authorizing the issuance of any special purpose obligations and any indenture may contain any agreements and provisions respecting the private facilities financed thereby, the use of the private facility payments pledged as security therefor, the rights, duties, and remedies of the parties to any indenture and other provisions as are deemed necessary and appropriate by the department. There shall be filed with the department prior to the issuance of any special purpose obligations, a certificate of the director certifying that the estimated amount of the pledged rentals or payments to be derived by the department with respect to the private facilities financed thereby will be at least sufficient to pay the principal of and interest on the obligations, all costs of operating and maintaining the private facilities and all sinking fund, reserve, or other payments required by the indenture securing the obligations.
(c) Special purpose obligations may be executed and delivered by the department at any time and from time to time, shall be in the form and denominations and of the tenor and maturities, shall contain the provisions, and shall bear the rate or rates of interest, payable and evidenced in the manner as may be provided by the resolution authorizing their issuance. Any special purpose obligations may be sold at public or private sale in the manner and at the price or prices and at the time or times as may be determined by the department to be most advantageous. Any expenses, premiums, and commissions in connection with the issuance and sale of special purpose obligations may be payable from the proceeds of sale of the obligations. All special purpose obligations shall be signed by the director and attested by the secretary of the department; provided that a facsimile of either or both officers may be printed or otherwise reproduced on any obligations in lieu of manual execution, provided, that in such case the validity of the obligations shall be dependent upon authentication by the manual signature of the trustee or paying agent for the obligations.
(d) The proceeds of sale of any special purpose obligations may be applied to pay the cost of acquisition, construction, and installation of the private facilities described in the resolution providing for their issuance, including, without limitation, reimbursement of costs theretofore paid by the department or the commercial enterprise for the benefit of which the obligations are issued, to fund the reserves as are necessary and appropriate to secure the payment of the special purpose obligations, to pay the costs and expenses incident to the authorization, issuance, and sale thereof, to purchase the insurance or obtain any other credit enhancement as shall be necessary and appropriate and, if so provided in the resolution authorizing their issuance, interest on the obligations for a reasonable period prior to and during the time required for the acquisition, construction, and equipping of the private facilities. All uses of the proceeds of sale of any special purpose obligations, including the investment of the proceeds prior to the expenditure thereof, shall be consistent with the resolution providing for their issuance and any indenture securing the obligations and shall be authorized by the director.
(e) Subject to the provisions and limitations contained in this section, the department, from time to time, may sell and issue refunding bonds for the purpose of refunding any special purpose obligations then outstanding. The refunding bonds may be subrogated and entitled to all priorities, rights, and pledges to which the special purpose obligations refunded thereby were entitled.
(f) All special purpose obligations issued by the department and the income therefrom including all interest thereon shall be exempt from all taxation in the state.
","history":"(Act 2007-280, p. 379, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31221,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30375,"codeId":33294,"versionId":27662,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-202","shortTitle":"Section 33-2-202","catchLine":"Short-Term Obligations.","title":"Section 33-2-202 Short-Term Obligations.","sectionRange":null,"content":"The department, from time to time, may enter into or execute and deliver short-term obligations. Any short-term obligations shall not be general obligations of the department, but shall be payable solely from docks facilities revenues and shall be subject to repayment in not more than three years; provided, that the department may refinance or renew any short-term obligations from time to time. As security for the payment of any short-term obligations, the department is hereby authorized and empowered to pledge for payment of the short-term obligations, all or any part of its docks facilities revenues; provided, however, that any pledge of its docks facilities revenues, in the discretion of the department, may be on parity with or subordinate to the pledge securing any revenue bonds or other obligations of the department.
","history":"(Act 2007-280, p. 379, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31222,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30376,"codeId":33295,"versionId":27663,"parentId":632,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-203","shortTitle":"Section 33-2-203","catchLine":"Security for Obligations.","title":"Section 33-2-203 Security for Obligations.","sectionRange":null,"content":"As security for the payment of any obligations agreed to in any swap agreement, as defined in subdivision (3) of Section 41-1-41, the department may pledge for payment of the obligations, all or any part of its docks facilities revenues; provided, however, that any pledge of its docks facilities revenues, in the discretion of the department, may be on parity with or subordinate to the pledge securing any of its docks facilities revenue bonds or other obligations.
","history":"(Act 2007-280, p. 379, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31223,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30377,"codeId":689,"versionId":null,"parentId":334,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"8","shortTitle":"Article 8","catchLine":"Alabama State Docks Facilities Contingency Trust Fund.","title":"Article 8 Alabama State Docks Facilities Contingency Trust Fund.","sectionRange":"§33-2-210 to §33-2-213","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31224,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30378,"codeId":690,"versionId":22411,"parentId":689,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-210","shortTitle":"Section 33-2-210","catchLine":"Creation and Funding of Alabama State Docks Facilities Contingency Trust Fund.","title":"Section 33-2-210 Creation and Funding of Alabama State Docks Facilities Contingency Trust Fund.","sectionRange":null,"content":"Beginning with the fiscal year commencing on October 1, 1987, the first nine million five hundred thousand dollars ($9,500,000) of the net amount of all taxes required to be deposited to or certified into the State Treasury to the credit of the State General Fund pursuant to Section 40-20-8, during each quarter of each fiscal year shall be credited to an account to be established in the State Treasury and known as the Alabama State Docks Facilities Contingency Trust Fund. All funds deposited in the State Treasury to the credit of the Alabama State Docks Facilities Contingency Trust Fund are to the extent set out herein appropriated to the Alabama State Port Authority and shall be transferred to the port authority upon the making by the Director of Finance of the factual determinations hereinafter provided for. In no case shall the amount transferred and paid out of the Alabama State Docks Facilities Contingency Trust Fund to the Alabama State Port Authority exceed the sum of nine million five hundred thousand dollars ($9,500,000) during any fiscal year. In no event, however, shall the Alabama State Port Authority be required to use any appropriation made pursuant to this article in a manner that would result in any bonds heretofore or hereafter issued by or on behalf of the state constituting a debt of the state in violation of any constitutional prohibition or limitation.
","history":"(Acts 1987, No. 87-551, p. 849, §1; Act 98-503, p. 1120, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31225,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30379,"codeId":693,"versionId":501,"parentId":689,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-211","shortTitle":"Section 33-2-211","catchLine":"Notification by Director of Alabama State Port Authority to Director of Finance of Expected Deficiency.","title":"Section 33-2-211 Notification by Director of Alabama State Port Authority to Director of Finance of Expected Deficiency.","sectionRange":null,"content":"During the first 20 days of each quarter of each fiscal year of the state, beginning with the fiscal year commencing on October 1, 1987, the Director of the Alabama State Port Authority shall notify the Director of Finance in writing as to whether the revenues anticipated to be derived by the Alabama State Port Authority from the operation of its facilities for that quarter, plus those moneys the Director of the Alabama State Port Authority anticipates will be made available during that quarter to the Alabama State Port Authority pursuant to Section 40-13-6, will together be sufficient to pay the aggregate of (1) the expenses anticipated to be incurred in operating and maintaining the Alabama State Port Authority’s coal handling facilities during that quarter (including depreciation for that quarter not to exceed $500,000.00), (2) the expenses anticipated to be incurred in operating and maintaining all the Alabama State Port Authority’s other facilities during that quarter (exclusive of depreciation), and (3) an amount equal to the principal and interest that has or will come due during that quarter on (a) those bonds of the Alabama State Port Authority for payment of principal of and interest on which the revenues of the port authority’s coal handling facilities have been pledged and for which payment has not otherwise been provided through the establishment of a trust or escrow fund making provision for the payment or retirement thereof, and (b) all other bonds or obligations of the state or of the Alabama State Port Authority for payment of principal of and interest on which any of the revenues of the port authority have been pledged and for which payment has not otherwise been provided through the establishment of a trust or escrow fund making provision for the payment or retirement thereof. The notification provided for in the immediately preceding sentence shall specify the estimated amount of the expected deficiency, if any. Upon receipt of a notification of an expected deficiency and such supporting documentation from the Alabama State Port Authority as the Director of Finance may specify, and if the Director of Finance is satisfied as to the accuracy of the estimated amount of the expected deficiency as reflected in the notification thereof and accompanying documentation, he shall so determine in writing and there shall, during the quarter in which the expected deficiency is anticipated to occur, and following the making of any transfer and payment required to be made pursuant to Section 33-2-212, be transferred and paid out of Alabama State Docks Facilities Contingency Trust Fund to the Alabama State Port Authority an amount equal to the lesser of (i) the amount of the expected deficiency computed as described in this section or (ii) such amount as shall then be contained in and as shall during the remainder of the then current quarter of the fiscal year be deposited to the credit of the Alabama State Docks Facilities Contingency Trust Fund.
","history":"(Acts 1987, No. 87-551, p. 849, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31226,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30380,"codeId":696,"versionId":22412,"parentId":689,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-212","shortTitle":"Section 33-2-212","catchLine":"Report Attesting to Actual Deficiency; Adjustment of Amount Previously Transferred; Transfer to State General Fund.","title":"Section 33-2-212 Report Attesting to Actual Deficiency; Adjustment of Amount Previously Transferred; Transfer to State General Fund.","sectionRange":null,"content":"Within 20 days after the close of any quarter of any fiscal year during which moneys have been transferred and paid to the Alabama State Port Authority pursuant to a notification of expected deficiency as described in Section 33-2-211, a written report shall be filed by the Director of the Alabama State Port Authority with the Director of Finance supported by such documentation as may be deemed appropriate by the Director of Finance, attesting to the amount of the actual deficiency, if any, incurred during that quarter by the Alabama State Port Authority respecting its facilities, computed by subtracting the sum of the revenues actually derived by the Alabama State Port Authority from the operation of its facilities for that quarter and those moneys actually made available during that quarter to the Alabama State Port Authority pursuant to Section 40-13-6, from the aggregate of (1) the expenses incurred in operating and maintaining the Alabama State Port Authority’s coal handling facilities during that quarter (including depreciation for that quarter not to exceed five hundred thousand dollars ($500,000)), (2) the expenses incurred in operating and maintaining all the Alabama State Port Authority’s other facilities during that quarter (exclusive of depreciation), and (3) an amount equal to the principal and interest that came due during that quarter on (a) those bonds of the Alabama State Port Authority for payment of principal of and interest on which the revenues of the port authority’s coal handling facilities have been pledged and for which payment has not otherwise been provided through the establishment of a trust or escrow fund making provision for the payment and retirement thereof, and (b) all other bonds or obligations of the state or of the Alabama State Port Authority for payment of principal of and interest on which any of the revenues of the port authority have been pledged and for which payment has not otherwise been provided through the establishment of a trust or escrow fund making a provision for the payment or retirement thereof. Upon receipt of that report and such documentation with respect thereto from the Alabama State Port Authority as the Director of Finance may specify, the Director of Finance, if satisfied as to the accuracy of the amount of the actual deficiency as reflected in the report and accompanying documentation, shall so determine in writing and, if the actual deficiency is greater than the expected deficiency previously computed under this article respecting the quarter in question, there shall be transferred and paid, during the quarter in which such a report of an actual deficiency is filed, out of the Alabama State Docks Facilities Contingency Trust Fund to the Alabama State Port Authority an amount equal to the lesser of (i) the excess of the actual deficiency (computed as described in this section) over the amount previously paid to the Alabama State Port Authority respecting the expected deficiency for the immediately preceding quarter, or (ii) the balance then contained in the Alabama State Docks Facilities Contingency Trust Fund. If at such time the excess of the actual deficiency over the amount previously paid to the Alabama State Port Authority respecting the expected deficiency for the then immediately preceding quarter is more than the balance then contained in the Alabama State Docks Facilities Contingency Trust Fund, the amount of that difference shall be taken into account in determining the expected deficiency, if any, for the then current quarter as if the amount of that difference constituted an expense anticipated to be incurred in operating and maintaining the Alabama State Port Authority’s facilities during the then current quarter. If the actual deficiency is less than the amount previously paid to the Alabama State Port Authority respecting the expected deficiency for the immediately preceding quarter, the amount of that difference shall be taken into account in determining the expected deficiency, if any, for the then current quarter as if the amount of that difference constituted revenues anticipated to be derived by the Alabama State Port Authority from the operation of its facilities for the then current quarter, provided that, in the event there is no expected deficiency for such quarter or if such deficiency does not equal said difference any amount of said difference not taken into account as provided in this sentence for the then current quarter shall be taken into account in determining the expected deficiencies, if any, for future quarters, until said difference shall have been fully taken into account. Within 45 days after the close of the third quarter of each fiscal year, any moneys then contained in and as shall during the remainder of the fourth quarter of the fiscal year be deposited to the credit of the Alabama State Docks Facilities Contingency Trust Fund, except for an amount equal to the amount anticipated to be needed by the port authority during the fourth quarter of the fiscal year to satisfy the expected deficiency, if any, for that quarter, shall be transferred out of the Alabama State Docks Facilities Contingency Trust Fund and deposited to the State General Fund.
The provisions of the immediately preceding paragraph of this section to the contrary notwithstanding, in any fiscal year commencing on or after October 1, 1998, if the determination of the Director of Finance, either as described in Section 33-2-211 regarding an expected deficiency, or as described in this section regarding an actual deficiency being in excess of an expected deficiency for the immediately preceding quarter of the then current fiscal year, has not been made during the first 29 days of any quarter of such fiscal year, any moneys then contained in, and as shall, during the remainder of such quarter of such fiscal year, be deposited to the credit of, the Alabama State Docks Facilities Contingency Trust Fund shall be transferred out of the Alabama State Docks Facilities Contingency Trust Fund on the 30th day of each month in such quarter and deposited to the State General Fund.
","history":"(Acts 1987, No. 87-551, p. 849, §3; Act 98-503, p. 1120, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31227,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30381,"codeId":700,"versionId":24252,"parentId":689,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-2-213","shortTitle":"Section 33-2-213","catchLine":"Use of Amounts Transferred.","title":"Section 33-2-213 Use of Amounts Transferred.","sectionRange":null,"content":"Any provision of or implication in this article to the contrary notwithstanding, no amount transferred and paid to the Alabama State Port Authority pursuant to this article may be pledged by the port authority to pay principal of or interest on any bonds or other obligations issued by or for the benefit of the port authority; nor shall this article be deemed to constitute a contract between the state or the port authority and the holders of any bonds or other obligations heretofore or hereafter issued by or for the benefit of the port authority, it being understood as follows:
(1) That no holders shall be deemed beneficiaries of this article or any of the appropriations, payments or transfers provided for herein (which such appropriations shall be subject to proration in accordance with law).
(2) That the amounts herein appropriated and ordered transferred and paid to or for the benefit of the port authority constitute mere voluntary payments by the state to or in aid of the port authority.
","history":"(Acts 1987, No. 87-551, p. 849, §4; Act 2000-598, p. 1199, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31228,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30382,"codeId":746,"versionId":null,"parentId":33,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"3","shortTitle":"Chapter 3","catchLine":"Harbor Masters.","title":"Chapter 3 Harbor Masters.","sectionRange":"§33-3-1 to §33-3-6","content":null,"history":null,"numChildren":6,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31229,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30383,"codeId":747,"versionId":30405,"parentId":746,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-3-1","shortTitle":"Section 33-3-1","catchLine":"Police and Supervisory Duties of State Port Authority.","title":"Section 33-3-1 Police and Supervisory Duties of State Port Authority.","sectionRange":null,"content":"It is hereby made the duty of the Alabama State Port Authority to police and maintain general supervision of the harbor and Port of Mobile, as such harbor lines may be established by the authority from time to time, and of all vessels in and about the same; to coordinate with federal, state, and local government officials for the protection of all shipping while in the harbor and port from fires, snags, obstructions, collisions with rafts, barges, and all other watercraft; to facilitate the movement of all vessels and other watercraft into and out of the harbor and port and from point to point therein having due regard to the conformation of, and conditions surrounding the harbor, which shall include that portion of the waters extending from just north of Buoys 7 and 8 as presently located, but more precisely being located at Latitude 30° 09.9′ N, Longitude 88° 03.1′ W to the north, and including the Theodore Industrial Canal, the Mobile River in the dredged channel, and the Port of Mobile and the Port of Chickasaw, and all dredged channels leading thereto, and such other boundary lines as may be established by the authority. Provided, however, the regulation of shifting vessels by the Harbor Master and deputy harbor masters, by and through duly licensed harbor pilots, who shall actually shift all such vessels, shall be limited to shifting of vessels within the Mobile inner harbor, which is defined as running from a point in the Mobile ship channel in the vicinity of Beacon 74 as presently located, but more precisely being located, at Latitude 30° 37.1’N, Longitude 88° 01.90’W northwardly to the Port of Chickasaw and its tributaries.
","history":"(Acts 1935, No. 167, p. 225, §1; Code 1940, T. 38, §98; Act 2009-457, p. 795, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31230,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30384,"codeId":749,"versionId":30406,"parentId":746,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-3-2","shortTitle":"Section 33-3-2","catchLine":"Powers to Regulate Anchorage, Etc.","title":"Section 33-3-2 Powers to Regulate Anchorage, Etc.","sectionRange":null,"content":"The Alabama State Port Authority through its Harbor Master and deputy harbor masters shall have full power to regulate shifting, removal, anchorage, berthage, and moorage, and the position of all vessels, rafts, and other watercraft while in the harbor and port, as defined in this chapter, and their movements into and out thereof, and to require vessels to accommodate other vessels as the circumstances warrant, and as the general convenience, safety, and good order may require, with the actual shifting of such vessels to be performed by duly licensed harbor pilots only within the limits of the Mobile inner harbor as defined in Section 33-3-1.
","history":"(Acts 1935, No. 167, p. 225, §2; Code 1940, T. 38, §99; Act 2009-457, p. 795, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31231,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30385,"codeId":752,"versionId":30407,"parentId":746,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-3-3","shortTitle":"Section 33-3-3","catchLine":"Fees and Charges.","title":"Section 33-3-3 Fees and Charges.","sectionRange":null,"content":"For the purpose of meeting the expense attendant upon the general and special supervision of the harbor and Port of Mobile and the performance of the duties and service required by this chapter, and by the rules and regulations herein authorized, and of similar duties relating to the supervision of the harbor and port required by other statutory provisions, the fees and charges, general and special, as may be fixed and determined by the Alabama State Port Authority, are hereby imposed against all owners, charterers, or persons in possession, to be collected by the port authority on vessels using the harbor as defined in this chapter. The port authority is authorized and empowered to collect such fees and charges by any appropriate proceedings in personam or in rem, when authorized by the Director or the Board of Directors of the Alabama State Port Authority. The Alabama State Port Authority is authorized to make such reasonable changes in such charges, or any of them, by raising or lowering them as may be necessary to carry out the purpose of this chapter, and to lower the same as may be necessary to protect the port from discrimination at other ports.
","history":"(Acts 1935, No. 167, p. 225, §6; Code 1940, T. 38, §102; Act 2009-457, p. 795, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31232,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30386,"codeId":756,"versionId":30408,"parentId":746,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-3-4","shortTitle":"Section 33-3-4","catchLine":"Harbor Master and Deputy Harbor Masters - Appointment; Duties.","title":"Section 33-3-4 Harbor Master and Deputy Harbor Masters - Appointment; Duties.","sectionRange":null,"content":"The Director of the Alabama State Port Authority shall appoint a Harbor Master and may appoint up to three deputy harbor masters. It shall be the duty of the Harbor Master with the assistance of his or her deputy harbor masters, subject to the supervision of the Alabama State Port Authority, to perform all the duties and render all the services imposed upon the port authority by this chapter and all similar duties and services pertaining to the harbor and port required by other laws to be done and performed by the port authority, and, subject to such supervision, to enforce all rules and regulations promulgated by the port authority pursuant to its police powers and its powers to maintain a general and special supervision over the harbor and port and all vessels and other watercraft in or about the harbor or port as set forth in this chapter or any other laws pertaining thereto. The Harbor Master, acting on behalf of the Alabama State Port Authority, may contract with such harbor pilots as the Harbor Master may deem appropriate; provided, however, the Harbor Master shall not contract with any person to serve as a harbor pilot unless such person holds a federal license for Mobile Bay and its tributaries and also a state license issued by the Alabama State Port Authority.
","history":"(Acts 1935, No. 167, p. 225, §3; Code 1940, T. 38, §100; Act 2009-457, p. 795, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31233,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30387,"codeId":758,"versionId":30409,"parentId":746,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-3-5","shortTitle":"Section 33-3-5","catchLine":"Harbor Master and Deputy Harbor Masters - Removal; Bond; Boarding of Vessels; Records; Additional Appointments.","title":"Section 33-3-5 Harbor Master and Deputy Harbor Masters - Removal; Bond; Boarding of Vessels; Records; Additional Appointments.","sectionRange":null,"content":"The Harbor Master and his or her deputy harbor masters shall be subject to removal by the director for cause. Before entering upon the duties of their respective offices, they shall execute to the State of Alabama a bond, to be approved by the Director, in amounts to be fixed by the director of the Alabama State Port Authority, for the faithful performance of their duties. The Harbor Master in person or by a deputy harbor master shall have the authority, but not the obligation, to board each vessel entering the harbor, as defined in this chapter, to the limits of the jurisdiction of the Alabama State Port Authority to satisfy himself or herself that such vessel is complying with the laws, rules, and regulations pertaining to the harbor and port and to obtain data for his or her record; and he or she shall keep a record of all vessels, barges, and tugboats arriving and sailing from port in foreign and coastwise trade. All vacancies as may occur shall be filled by the director, and he or she may appoint such other deputies as the business of the port may require, after examination as to their qualifications. They are to be appointed on probation for a period of 90 days, and thereafter, if found to be competent they shall become full-time employees upon their giving bond as may be required by the director. The Harbor Master and deputy harbor masters shall be subject to call at any time, day or night, to perform any duties required of them, weather conditions permitting.
","history":"(Acts 1935, No. 167, p. 225, §4; Code 1940, T. 38, §101; Acts 1943, No. 122, p. 123, §1; Acts 1961, Ex. Sess., No. 208, p. 2190, §1; Act 2009-457, p. 795, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31234,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30388,"codeId":762,"versionId":30410,"parentId":746,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-3-6","shortTitle":"Section 33-3-6","catchLine":"Harbor Master and Deputy Harbor Masters - Performance of Duties by Those Not Qualified and Appointed.","title":"Section 33-3-6 Harbor Master and Deputy Harbor Masters - Performance of Duties by Those Not Qualified and Appointed.","sectionRange":null,"content":"Any person who shall perform the duties of a Harbor Master or a deputy harbor master or a harbor pilot without being qualified and appointed as provided by law to perform such duties shall be guilty of a Class A misdemeanor.
","history":"(Code 1907, §7812; Code 1923, §5538; Code 1940, T. 38, §103; Act 2009-457, p. 795, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31235,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30389,"codeId":766,"versionId":null,"parentId":33,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"4","shortTitle":"Chapter 4","catchLine":"Pilots and Pilotage.","title":"Chapter 4 Pilots and Pilotage.","sectionRange":"§33-4-1 to §33-4-57","content":null,"history":null,"numChildren":2,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31236,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30390,"codeId":767,"versionId":null,"parentId":766,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"State Pilotage Commission.","title":"Article 1 State Pilotage Commission.","sectionRange":"§33-4-1 to §33-4-14","content":null,"history":null,"numChildren":14,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31237,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30405,"codeId":814,"versionId":null,"parentId":766,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Pilots Generally.","title":"Article 2 Pilots Generally.","sectionRange":"§33-4-30 to §33-4-57","content":null,"history":null,"numChildren":28,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31252,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30434,"codeId":51231,"versionId":null,"parentId":33,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"4A","shortTitle":"Chapter 4A","catchLine":"State Pilotage Commission.","title":"Chapter 4A State Pilotage Commission.","sectionRange":"§33-4A-1 to §33-4A-40","content":null,"history":null,"numChildren":40,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31281,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30435,"codeId":51232,"versionId":43899,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-1","shortTitle":"Section 33-4A-1","catchLine":"Applicability.","title":"Section 33-4A-1 Applicability.","sectionRange":null,"content":"This chapter shall only apply to Class 2 municipalities.
","history":"(Act 2019-162, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31282,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30436,"codeId":51233,"versionId":43900,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-2","shortTitle":"Section 33-4A-2","catchLine":"Creation; Composition; Powers and Duties; Quorum.","title":"Section 33-4A-2 Creation; Composition; Powers and Duties; Quorum.","sectionRange":null,"content":"(a) There shall be a board of pilotage commissioners in each Class 2 municipality, to be known as the State Pilotage Commission. The commission shall consist of three voting members. One voting member shall be engaged in a local maritime business, one voting member shall be an active bar pilot, licensed and branched by the State Pilotage Commission, and one voting member shall be a member of the local business or professional community.
(b) The State Pilotage Commission shall have the powers and duties as are prescribed in this chapter and as may hereafter be prescribed by law.
(c) A quorum for the transaction of commission business shall be two voting members of the commission.
","history":"(Act 2019-162, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31283,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30437,"codeId":51234,"versionId":43901,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-3","shortTitle":"Section 33-4A-3","catchLine":"Qualifications of Commissioners.","title":"Section 33-4A-3 Qualifications of Commissioners.","sectionRange":null,"content":"All of the members of the commission, at the time of their appointment and during their respective terms of office, shall be citizens of the United States and qualified electors of the State of Alabama.
","history":"(Act 2019-162, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31284,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30438,"codeId":51235,"versionId":43902,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-4","shortTitle":"Section 33-4A-4","catchLine":"Appointment; Terms; Expenses.","title":"Section 33-4A-4 Appointment; Terms; Expenses.","sectionRange":null,"content":"The initial appointees to the commission shall be the members of the State Pilotage Commission appointed by the Governor pursuant to the Code of Alabama 1975, as it existed prior to the enactment of this chapter, and holding office at the time of the enactment of this chapter. Thereafter, at the expiration of the respective terms, the Governor shall appoint the commissioners to hold office for six years from the dates of the expiration of their respective commissions. Commission members shall serve until their successors are appointed. The commissioners shall serve without compensation, but all traveling expenses incurred by the commissioners in the performance of their duties shall be paid out of funds in the treasury of the commission.
","history":"(Act 2019-162, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31285,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30439,"codeId":51236,"versionId":43903,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-5","shortTitle":"Section 33-4A-5","catchLine":"Bond of Commissioners.","title":"Section 33-4A-5 Bond of Commissioners.","sectionRange":null,"content":"Before entering upon the duties of their office, the commissioners shall execute a bond in the amount of one thousand dollars ($1,000), for the faithful performance of the duties of the office.
","history":"(Act 2019-162, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31286,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30440,"codeId":51237,"versionId":43904,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-6","shortTitle":"Section 33-4A-6","catchLine":"Chair; Acting Chair.","title":"Section 33-4A-6 Chair; Acting Chair.","sectionRange":null,"content":"The commissioners shall elect a chair to preside at its meetings who shall not be the bar pilot commission member. It shall be the duty of the chair to supervise the official conduct of all the officers and employees of the commission. The chair may administer official oaths to the officers and employees of the commission, except the other commissioners, and to all other persons in relation to the business of the commission. In the absence of the chair, the remaining commissioners shall select from their number an acting chair to hold office during the absence of the chair. The acting chair shall have all the power and authority possessed by the chair.
","history":"(Act 2019-162, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31287,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30441,"codeId":51238,"versionId":43905,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-7","shortTitle":"Section 33-4A-7","catchLine":"Secretary.","title":"Section 33-4A-7 Secretary.","sectionRange":null,"content":"The commission may employ a secretary who shall not be a member of the commission and who shall be paid an annual salary set by the commission. Before entering upon the duties of office, the secretary shall execute a bond in the amount of three thousand dollars ($3,000), for the faithful performance of the duties of the office. The secretary shall safely keep and be responsible for all moneys paid into the office of the commission and for all books and papers of the commission and attend the meetings and keep a record of their proceedings and of the names of the commissioners present at the meetings. The secretary shall keep an account of all moneys received and paid, and once every three months prepare a statement showing all moneys received and paid for during the preceding three months and the source from which the moneys were received and the purpose for which they were paid. A copy of the statement shall be given to each of the commissioners. All moneys collected shall be deposited in a bank or banks designated by the commission and drawn out by check signed by the chair and secretary of the commission.
","history":"(Act 2019-162, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31288,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30442,"codeId":51239,"versionId":43906,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-8","shortTitle":"Section 33-4A-8","catchLine":"Audits; Exemption from Sunset Law.","title":"Section 33-4A-8 Audits; Exemption from Sunset Law.","sectionRange":null,"content":"(a) The commission shall have a financial and compliance audit performed each year and supply a copy of the audit to the Alabama State Port Authority and the Alabama Department of Commerce. In addition, an audit may be requested at any time by the Alabama State Port Authority or the Alabama Department of Commerce.
(b) The commission created in this chapter shall be specifically excluded from Chapter 20 of Title 41, the Alabama Sunset Law.
","history":"(Act 2019-162, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31289,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30443,"codeId":51240,"versionId":43907,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-9","shortTitle":"Section 33-4A-9","catchLine":"Meetings.","title":"Section 33-4A-9 Meetings.","sectionRange":null,"content":"The commissioners shall meet at least once every three months at the time and place selected by the commission.
","history":"(Act 2019-162, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31290,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30444,"codeId":51241,"versionId":43908,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-10","shortTitle":"Section 33-4A-10","catchLine":"Vacancies.","title":"Section 33-4A-10 Vacancies.","sectionRange":null,"content":"If a vacancy occurs from any cause in the office of a commissioner before the expiration of his or her current term, a successor must be appointed by the Governor and hold office only for the unexpired portion of the term.
","history":"(Act 2019-162, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31291,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30445,"codeId":51242,"versionId":43909,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-11","shortTitle":"Section 33-4A-11","catchLine":"Jurisdiction of Commission - Territorial.","title":"Section 33-4A-11 Jurisdiction of Commission - Territorial.","sectionRange":null,"content":"The jurisdiction of the commission under this chapter shall extend over all vessels and pilots using the waterways of Mobile Bay and its rivers intending to enter or exit the Port of Mobile, its facilities, and affiliated regulated entities of the port.
","history":"(Act 2019-162, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31292,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30446,"codeId":51243,"versionId":43910,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-12","shortTitle":"Section 33-4A-12","catchLine":"Jurisdiction of Commission - Harbor Masters.","title":"Section 33-4A-12 Jurisdiction of Commission - Harbor Masters.","sectionRange":null,"content":"The commission shall not have jurisdiction over harbor masters or deputy masters in any harbor or seaport in the Port of Mobile.
","history":"(Act 2019-162, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31293,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30447,"codeId":51244,"versionId":51167,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-13","shortTitle":"Section 33-4A-13","catchLine":"Rulemaking Authority.","title":"Section 33-4A-13 Rulemaking Authority.","sectionRange":null,"content":"(a) The commission may make all necessary rules regulating the piloting of ships and all watercrafts into and out of any harbor or seaport until berthed at the docking facility in the Port of Mobile or until past the Mobile Entrance Lighted Buoy M. Maritime data produced by foreign states or by a foreign or domestic company must be expressly preapproved by the commission for any official use in pilotage.
(b) The commission may require evidence of the physical and mental fitness of any active bar pilot at any time and adopt rules regarding the physical and mental capacity and fitness of the active bar pilots.
","history":"(Act 2019-162, §13; Act 2024-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31294,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30448,"codeId":51245,"versionId":43912,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-14","shortTitle":"Section 33-4A-14","catchLine":"Civil Actions to Recover Forfeitures.","title":"Section 33-4A-14 Civil Actions to Recover Forfeitures.","sectionRange":null,"content":"The commissioners, in their own names as commissioners or in that of their chair, may bring a civil action for and recover any forfeiture accruing under this chapter not otherwise specifically appropriated.
","history":"(Act 2019-162, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31295,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30449,"codeId":51246,"versionId":43913,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-15","shortTitle":"Section 33-4A-15","catchLine":"Recordkeeping.","title":"Section 33-4A-15 Recordkeeping.","sectionRange":null,"content":"The commissioners shall preserve a record of their acts and of the rules and regulations adopted by them for the direction and government of pilots. They shall also preserve upon record a list of all persons appointed pilots by them, and of those whom they may declare to have forfeited their licenses. The records of the commission are public records and subject to inspection.
","history":"(Act 2019-162, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31296,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30450,"codeId":51247,"versionId":43914,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-16","shortTitle":"Section 33-4A-16","catchLine":"Number of Pilots; Qualifications.","title":"Section 33-4A-16 Number of Pilots; Qualifications.","sectionRange":null,"content":"(a) At no time shall there exist more apprentices or pilots than are reasonably necessary to meet the requirements of commerce. The number of apprentices and pilots shall be determined by the commission.
(b) The commission shall be the sole judge of the seniority and statutory qualifications of applicants to be apprenticed and branched.
","history":"(Act 2019-162, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31297,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30451,"codeId":51248,"versionId":43915,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-17","shortTitle":"Section 33-4A-17","catchLine":"Register of Applicants for Apprenticeship; Seniority; Statutory Requirements.","title":"Section 33-4A-17 Register of Applicants for Apprenticeship; Seniority; Statutory Requirements.","sectionRange":null,"content":"(a) In order to prevent delays in the apprenticeship and branching of bar pilots, the commission, when necessary, shall maintain a register of applicants containing no more than nine applicants for apprenticeship who must be not less than 21 years of age.
(b) All pending and future applicants for apprenticeship from the register of applicants shall be considered by the commission for apprenticeship in order of their seniority as determined by the commission from time to time at its sole discretion, which shall be based upon each applicant’s professionalism, maturity and readiness, the date of completion of all requirements to be a bar pilot except apprenticeship, application to be a pilot, passage of the commission’s written examination and branch, and the compliance with subsections (c) and (d).
(c) No person may commence an apprenticeship unless the commission finds that the applicant meets all statutory requirements for apprenticeship required by subsection (b) and there is a need for an apprentice.
(d) In order to complete the apprenticeship, an apprentice shall make, to the satisfaction of the commission, at least 100 round trips with a branched pilot on vessels in Mobile Bay which are subject to the statutory requirement of compulsory pilotage.
","history":"(Act 2019-162, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31298,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30452,"codeId":51249,"versionId":43916,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-18","shortTitle":"Section 33-4A-18","catchLine":"Selection of Apprentices.","title":"Section 33-4A-18 Selection of Apprentices.","sectionRange":null,"content":"All apprentices, before becoming eligible for service as apprentices, shall be selected and approved by the commission.
","history":"(Act 2019-162, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31299,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30453,"codeId":51250,"versionId":43917,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-19","shortTitle":"Section 33-4A-19","catchLine":"Discharge of Apprentice; Appeal.","title":"Section 33-4A-19 Discharge of Apprentice; Appeal.","sectionRange":null,"content":"A Mobile Bay or bar pilot apprentice may not be discharged except for cause, and any apprentice or boatkeeper so discharged may appeal the discharge to the commission, and if the commission, upon an investigation, finds that the discharge was without sufficient cause, the commission may annul the discharge and reinstate the apprentice.
","history":"(Act 2019-162, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31300,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30454,"codeId":51251,"versionId":43918,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-20","shortTitle":"Section 33-4A-20","catchLine":"Branching or Licensing Criteria.","title":"Section 33-4A-20 Branching or Licensing Criteria.","sectionRange":null,"content":"To be eligible to be branched or licensed as the next bar pilot, a person shall meet all of the following criteria at the time of branching or licensing:
(1) The person shall be the senior apprentice, with seniority to be determined by date of satisfactory completion of all of the following requirements to be a bar pilot except the written examination given by the commission.
(2) The person shall be a citizen of the United States of America or legally present in this state.
(3) The person shall be of good moral character.
(4) The person shall have completed satisfactorily all requirements of the apprenticeship.
(5) The person shall be a graduate of a four-year college or university accredited by a regional accrediting organization recognized by the U.S. Department of Education, or have a bachelor of science degree from a nationally recognized maritime academy.
(6) The person shall hold and have the following current United States Coast Guard licenses and experience:
a. Either of the following:
1. An unlimited second mate of oceans license with at least one year’s experience as second mate.
2. A master license of freight or motor vessel of 1,600 gross tons with one year’s experience as master of vessels of at least 150 gross tons.
b. Either of the following:
1. Three years’ experience in a deck department capacity on one or more vessels navigating the Mobile ship channel.
2. Three years’ experience at sea in a deck department capacity on oceangoing vessels of 1,600 gross tons or over.
c. A first class federal pilot license for the Mobile and Theodore ship channels.
(7) The person shall have been employed in a deck department capacity on steam or motor vessels navigating either inland waters or oceans for a majority of the last five years.
(8) The person shall demonstrate, if required by the commission to do so, sufficient evidence of satisfactory experience in the safe navigation and handling of vessels, successful completion of a training program officially recognized by the State Pilotage Commission and bar pilots.
(9) The person shall pass a written test administered by the commission.
","history":"(Act 2019-162, §20.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31301,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30455,"codeId":51252,"versionId":43919,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-21","shortTitle":"Section 33-4A-21","catchLine":"Examination and Certification.","title":"Section 33-4A-21 Examination and Certification.","sectionRange":null,"content":"Before an applicant is branched or licensed, the commission shall prepare in writing suitable questions to test his or her knowledge and competency to become a bar pilot. The applicant, without any aid from any other person and without having been informed as to what question would be propounded, shall answer the questions. When the applicant has reduced his or her answers to writing, the applicant shall sign the same and deliver them to one of the commissioners, and the commission shall cause the answers to be copied legibly, but without the name of the applicant. The commission shall then appoint three fair, impartial, and competent nautical persons as a committee to examine the answers of the applicant. The applicant or applicants may name one of these, the existing pilots name another, and the commission, or a majority of them, shall name the third. The committee shall examine the copies of the answers of applicants and shall endorse upon the answer of the applicants as the commission finds sufficient the following certificate:
“We hereby certify that the foregoing answers are satisfactory, and that, in our opinion, the applicant making the same is well acquainted with the bar pilot grounds, knows how to handle both steam and sailing vessels, and is competent to perform the duties of a bay or bar pilot.”
When the certificate is duly signed and delivered to the commission, the applicant shall be deemed qualified to receive a license.
","history":"(Act 2019-162, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31302,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30456,"codeId":51253,"versionId":43920,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-22","shortTitle":"Section 33-4A-22","catchLine":"Passing Examination Entitles Apprentice Pilot to License, Etc.","title":"Section 33-4A-22 Passing Examination Entitles Apprentice Pilot to License, Etc.","sectionRange":null,"content":"An apprentice pilot who has successfully passed an examination for a Mobile Bay or bar pilot shall not be required to undergo or pass another examination before being entitled to his or her license or status as a Mobile Bay or bar pilot.
","history":"(Act 2019-162, §22.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31303,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30457,"codeId":51254,"versionId":43921,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-23","shortTitle":"Section 33-4A-23","catchLine":"Issuance of License; Possession and Exhibition of License; Oath of Pilot.","title":"Section 33-4A-23 Issuance of License; Possession and Exhibition of License; Oath of Pilot.","sectionRange":null,"content":"The commission shall issue to each bar pilot licensed and branched by the commission an original and a duplicate certificate of his or her appointment, competency, and authority to act as a bar pilot, and as to the extent thereof, and shall reissue duplicate certificates from time to time, as the occasion may require. The original and duplicate certificates shall be signed by a majority of the commissioners or by the chair by the commission’s direction. Each bay or bar pilot holding a license or branch shall keep upon his or her person, when offering his or her services to any vessel, his or her duplicate certificate and, upon demand of the proper officer of the vessel, shall exhibit the same and allow the officer to inspect it. Before issuing an original license or branch, the commissioners delivering the same to the appointee shall require him or her to take and subscribe in writing an oath as follows, to be administered by the commissioners:
“I, A. B., do solemnly swear (or affirm) that I will faithfully and according to the best of my skill and judgment perform the duties of a bar pilot for the Bay and Harbor of Mobile; that I will at all times, wind and weather and health permitting, use my best exertions to repair on board all vessels which I shall see and conceive to be bound for, coming into or going out of the Harbor or Bay of Mobile, unless I am well assured that some other licensed bar pilot is then on board the same; that I will at all times make the best dispatch in my power to convey safely every vessel committed to my charge coming into or going out of the Bay or Harbor of Mobile; and will at all times well and truly observe, follow and fulfill, to the best of my skill and judgment, all such directions as I may receive from the commissioners of pilotage relative to things appertaining to the duty of a bar pilot, and I will not be a member at the same time of more than one combination or partnership of bar pilots. So help me God.”
","history":"(Act 2019-162, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31304,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30458,"codeId":51255,"versionId":43922,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-24","shortTitle":"Section 33-4A-24","catchLine":"Levy, Payment, and Disposition of Pilot’s License Tax.","title":"Section 33-4A-24 Levy, Payment, and Disposition of Pilot’s License Tax.","sectionRange":null,"content":"There is levied upon each licensed bar pilot engaged in service as a bar pilot under this chapter a license or privilege tax in the sum of one hundred dollars ($100) annually plus any reasonable additional assessment that arises and is necessarily incurred out of the performance by the State Pilotage Commission of its duties imposed by law, to be paid to the secretary of the commission and to be used for defraying all expenses and expenditures of the commission accruing under this chapter. The commission, by proper resolutions, may permit the tax to be paid quarterly. The privilege or license taxes paid to the secretary of the commission shall become a part of the funds of the commission and shall be deposited by the secretary and otherwise handled and disbursed, as required by this chapter.
","history":"(Act 2019-162, §24.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31305,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"},{"id":30459,"codeId":51256,"versionId":43923,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-25","shortTitle":"Section 33-4A-25","catchLine":"Bond of Pilot - Required; Amount; Conditions; Renewal.","title":"Section 33-4A-25 Bond of Pilot - Required; Amount; Conditions; Renewal.","sectionRange":null,"content":"Before receiving his or her branch, the bar pilot must make and deliver to the commissioners a bond payable to the chair of the commission and his or her successors, in the penal sum of two thousand dollars ($2,000) with surety to be approved by the commissioners, and with conditions faithfully to perform his or her duties as bar pilot; and this bond must be renewed every six years.
","history":"(Act 2019-162, §25.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31306,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-08-02T05:07:23.000Z"}]