[{"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":30728,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30729,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30730,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30731,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30732,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30733,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30734,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30735,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30736,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30737,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30738,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30739,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30740,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30741,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30742,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30743,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30744,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30745,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30746,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30747,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30748,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30749,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30750,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30751,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30752,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30753,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30754,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30755,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30756,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30757,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30758,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30759,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30760,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30761,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30762,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30763,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30764,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30765,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30766,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30767,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30768,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30769,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30770,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30771,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30772,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30773,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30774,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:09.000Z"},{"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":30775,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30776,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30777,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30778,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30779,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30780,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30796,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30797,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30798,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30799,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30800,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30801,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30802,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30803,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30804,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30805,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30806,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30807,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30808,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30809,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30810,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30811,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30812,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30813,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30814,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30815,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30816,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30817,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30818,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30819,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30820,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30821,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30822,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30823,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30824,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30825,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30826,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30827,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30828,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30829,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30830,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30831,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30832,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30833,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30834,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30836,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30837,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30838,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30839,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30840,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30841,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30842,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30843,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30844,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30845,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30846,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30847,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30848,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30849,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30850,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30851,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30852,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30853,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30854,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30855,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30856,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30857,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30858,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30859,"hierarchyLevel":0,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30860,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30861,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30862,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30864,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30865,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30866,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30867,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30868,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30869,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30870,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30871,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30872,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30873,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30874,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30875,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30876,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30877,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30878,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30879,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30880,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30881,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30882,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30883,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30884,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30885,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30886,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30887,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30888,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30889,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30890,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30891,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30892,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30893,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30894,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30895,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30896,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30897,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30898,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30899,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30900,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30901,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30902,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30903,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30904,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30905,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30906,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30907,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30908,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30909,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30910,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30911,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30912,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30913,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30914,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30915,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30916,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30917,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30918,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30919,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30920,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30921,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30922,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30923,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30924,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30925,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30926,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30927,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30928,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30929,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30930,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30931,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30932,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30933,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30934,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30935,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30936,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30937,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30938,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30939,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30940,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30941,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30942,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30943,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30944,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30945,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30946,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30947,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30948,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30949,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30950,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30951,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30952,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30953,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30954,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30955,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30956,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30957,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30958,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30959,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30960,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30961,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30962,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30963,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30964,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30965,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30966,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30967,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30968,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30969,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30970,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30971,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30972,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30973,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30974,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30975,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30976,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30977,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30978,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30979,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30980,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30981,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30982,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30983,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30984,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30985,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30986,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30987,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30988,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30989,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30990,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30991,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30992,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30993,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30994,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30995,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30996,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30997,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30998,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":30999,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31000,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31001,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31002,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31003,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31004,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31005,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31006,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31007,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31008,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31009,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31010,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31011,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31012,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31013,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31014,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31015,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31016,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31017,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31018,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31019,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31020,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31021,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31022,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31023,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31024,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31025,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31026,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31027,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31028,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31029,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31030,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31031,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31032,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31033,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31034,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31035,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31036,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31037,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31038,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31039,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31040,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31041,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31042,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31043,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31044,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31045,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31046,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31047,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31048,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31049,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31050,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31051,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31052,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31067,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31096,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31097,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31098,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31099,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31100,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31101,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31102,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31103,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31104,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31105,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31106,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31107,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31108,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31109,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31110,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31111,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31112,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31113,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31114,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31115,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31116,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31117,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31118,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31119,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31120,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"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":31121,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30460,"codeId":51257,"versionId":43924,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-26","shortTitle":"Section 33-4A-26","catchLine":"Bond of Pilot - Preserving Bonds, Etc.; New Bonds; Actions on Bonds; Liabilty.","title":"Section 33-4A-26 Bond of Pilot - Preserving Bonds, Etc.; New Bonds; Actions on Bonds; Liabilty.","sectionRange":null,"content":"

(a) The commissioners shall preserve on file all bonds and affidavits taken from bar pilots, and, whenever they consider it necessary, may require a new bond to be executed. The bar pilot’s bond stands as security for any injury caused by the negligence or want of skill of the bar pilot, and action may be brought thereon in the name of any person aggrieved.

(b) A bar pilot or apprentice providing bar pilot services to a vessel is not liable for more than five thousand dollars ($5,000) for damage or loss to any person or property caused by the bar pilot’s or apprentice’s error, omission, fault, or neglect in the performance of the bar pilot services, unless one of the following applies:

(1) The damage or loss was caused because of the willful, intentional, or reckless misconduct of the bar pilot or apprentice.

(2) Liability exists for exemplary or punitive damages for willful, intentional, or reckless misconduct for which no other person is jointly or severally liable.

(c) This section does not exempt a vessel, its crew, or its owner, charterer, or operator from liability for damage or loss caused to any person or property by the vessel on either of the following grounds:

(1) That the vessel was piloted by a bar pilot or apprentice.

(2) That the damage or loss was caused by the error, omission, fault, or neglect of a bar pilot or apprentice.

(d) An association of bar pilots is not liable for claims arising from acts or omissions of a bar pilot or apprentice who is a member of the association. A bar pilot or apprentice is not liable, directly or as a member of an association of bar pilots, for claims arising from acts or omissions of another bar pilot or association of bar pilots that relate to pilotage of a vessel under this chapter. For purposes of this section, an association of bar pilots means the association, corporation, company, partnership, or other entity that employs the bar pilot and other bar pilots of which the bar pilot is a member, shareholder, partner, or other owner with other bar pilots.

(e) In an action brought against a bar pilot or an apprentice, or both, for an act or omission for which liability is limited as provided by this section and in which other claims are made or anticipated with respect to the same act or omission, the court shall dismiss the proceedings as to the bar pilot or apprentice, or both, to the extent the pleadings allege liability of the bar pilot or apprentice that exceeds five thousand dollars ($5,000).

(f) This section appies only provided the bar pilots remain self-employed independent contractors and the number of self-employed independent contractors does not exceed 20 actively engaged in the piloting of vessels as licensed by the commission. Employment of a bar pilot by an association of bar pilots shall not mean the bar pilot is not self-employed.

(g) The protection against or exemption from liability provided to an association of bar pilots under this section shall be in addition to the protections against and exemption from liability provided an association of bar pilots provided by or under federal or any other law.

","history":"(Act 2019-162, §26.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31122,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30461,"codeId":51258,"versionId":43925,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-27","shortTitle":"Section 33-4A-27","catchLine":"Suspension or Revocation of License - Notice; Hearing.","title":"Section 33-4A-27 Suspension or Revocation of License - Notice; Hearing.","sectionRange":null,"content":"

For any violation by any bar pilot of any of the provisions of this chapter, or any of the rules established by the commission under the authority conferred upon the commission by this chapter, or under any authority which may be hereafter conferred upon the commission, the commission may suspend or revoke the license or branch of a bar pilot so violating the law or rules of the commission. The secretary of the commission shall notify the bar pilot in writing of the specific charge preferred against him or her, specifying with reasonable certainty the law or rule or regulation violated, the manner in which the same was violated, and the time and place of the offense, and, by direction of the commission, shall fix the time for hearing of the charges not less than five nor more than 30 days from the date of the notice. At the time and place set forth in the notice, the bar pilot may appear in person or by counsel, and the commission shall hear and determine the charges. The commission may subpoena witnesses; the subpoenas shall be served under the seal of the commission and attested by the signature of the secretary; and the subpoenas shall be served by the sheriff, according to the residence of the witnesses. The fees of the sheriff for serving the subpoenas shall be paid out of the funds of the commission.

","history":"(Act 2019-162, §27.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31123,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30462,"codeId":51259,"versionId":43926,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-28","shortTitle":"Section 33-4A-28","catchLine":"Suspension or Revocation of License - Witnesses’ Fees.","title":"Section 33-4A-28 Suspension or Revocation of License - Witnesses’ Fees.","sectionRange":null,"content":"

Witnesses may be paid a reasonable fee, as determined by the commission, for attendance at the hearing. The witness fees shall be paid out of the funds of the commission.

","history":"(Act 2019-162, §28.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31124,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30463,"codeId":51260,"versionId":43927,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-29","shortTitle":"Section 33-4A-29","catchLine":"Suspension or Revocation of License - Subpoenas.","title":"Section 33-4A-29 Suspension or Revocation of License - Subpoenas.","sectionRange":null,"content":"

The bar pilot against whom the charges have been filed, upon depositing with the secretary of the commission an amount sufficient to cover the costs and expenses of serving the subpoenas, together with the mileage of the witnesses and an amount sufficient to cover at least three days’ attendance of the witnesses, may require the secretary of the commission to issue subpoenas for witnesses in his or her behalf in the name of the commission, the subpoenas to be issued and served as in the case of subpoenas issued by the direction of the commission, and for failure of witnesses to attend upon being served with the subpoenas, the witness shall forfeit the sum of fifty dollars ($50), which the commission may collect by a civil action in its own name in a court of competent jurisdiction.

","history":"(Act 2019-162, §29.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31125,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30464,"codeId":51261,"versionId":43928,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-30","shortTitle":"Section 33-4A-30","catchLine":"Suspension or Revocation of License - Conduct of Hearings.","title":"Section 33-4A-30 Suspension or Revocation of License - Conduct of Hearings.","sectionRange":null,"content":"

The hearing shall be conducted under the rules as the commission may from time to time establish. The commission shall hear the testimony of the witnesses and may administer oaths to the witnesses, and false swearing, after the administration of the oath by the commission, shall constitute perjury under the laws of this state. The bar pilot may be represented by counsel at the hearing. Upon completion of the hearing, or as soon thereafter as practicable, the commission shall render its decision, and the decision shall be by a majority of the commission. The hearing may be adjourned from time to time as the commission may direct, but no bar pilot shall be suspended until the final decision by the commission.

","history":"(Act 2019-162, §30.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31126,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30465,"codeId":51262,"versionId":43929,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-31","shortTitle":"Section 33-4A-31","catchLine":"Grounds for Depriving Pilot of Branch.","title":"Section 33-4A-31 Grounds for Depriving Pilot of Branch.","sectionRange":null,"content":"

The commission may deprive any pilot of his or her branch for a willful violation of his or her duties, or the orders or rules of the commission, or for negligently losing or injuring any vessel in his or her charge; or when laboring under mental derangement or when so addicted to habits of intoxication as to be unfit to be entrusted with the charge of a vessel. Any bar pilot who fails to act as such for three months, or absents himself or herself for 10 days at any one time from the Bay or Harbor of Mobile without leave of the commissioners, may be deprived of his or her branch. If, while a vessel in the Bay or Harbor of Mobile is in the charge of any civil officer by virtue of process from any court of record in this state, any bar pilot, with knowledge thereof, conducts or bar pilots the vessel out of the bay or harbor, he or she forfeits his or her branch, and is forever disqualified from acting as a bar pilot, and forfeits a sum of money as the jury may assess.

","history":"(Act 2019-162, §31.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31127,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30466,"codeId":51263,"versionId":43930,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-32","shortTitle":"Section 33-4A-32","catchLine":"Penalty for Acting Without License.","title":"Section 33-4A-32 Penalty for Acting Without License.","sectionRange":null,"content":"

Any person who pilots a foreign vessel, or an American vessel under register, or any other vessel subject to the payment of pilotage fees under this chapter, entering or leaving the Port of Mobile, in or out of the Bay of Mobile or over the outer bar thereof, without a license from the commission, shall be guilty of a misdemeanor.

","history":"(Act 2019-162, §32.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31128,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30467,"codeId":51264,"versionId":43931,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-33","shortTitle":"Section 33-4A-33","catchLine":"Pay of Pilots - Generally.","title":"Section 33-4A-33 Pay of Pilots - Generally.","sectionRange":null,"content":"

(a) The master, owner, agent, or operator of any ship or vessel shall pay the bar pilot who conducts a vessel into or out of the Bay or Harbor of Mobile a fee to be fixed by the commission at the rate of thirty-eight dollars ($38) per draft foot for actual draft of water at the time of pilotage for every vessel crossing the outer bar of Mobile Bay. The minimum pilot fee shall be computed on a minimum of 15 feet regardless of whether or not the vessel has a draft of less than 15 feet at the time of pilotage.

(b) In addition to the pilotage fee based on the draft of the vessel, the bar pilot shall also be paid a pilotage fee for every vessel crossing the outer bar of Mobile Bay in the sum of six and one-quarter cents ($0.0625) per ton. The minimum pilot fee shall be computed on a minimum of 6,500 maximum registered gross tons, regardless of whether or not the vessel has a maximum registered gross tonnage of less than 6,500 maximum registered gross tons.

(c) In addition to the foregoing fees, the commission shall set fees for special services rendered by the bar pilots to vessels which are incidental to or connected with vessels being conducted into or out of the Bay or Harbor of Mobile which include, but are not limited to, docking and undocking, going on and off drydock, turning the vessel, shifting, anchorage and stand-by, and delayed sailing.

(d) Vessels drawing seven feet or less of water shall not be required to employ a bar pilot, but if a bar pilot is employed, the regular pilotage shall be paid.

(e) Effective January 1, 2020, the commission, annually at the first convened quarterly meeting after the release of official annual changes to the Consumer Price Index, shall adjust upward or downward the tariff rates to provide a cost-of-living adjustment to the applicable tariff rates. For purposes of this chapter, tariff rates are fees based on draft and tonnage and other fees referenced in subsections (a), (b), and (c). The commission shall use the Consumer Price Index published by the U.S. Department of Commerce Bureau of Labor Statistics for the previous calendar year as a basis to make the necessary upward adjustments. Notwithstanding the foregoing, at its sole discretion, the commission, upon request from bar pilots or otherwise, may adjust tariff rates based on other economic consideration to an amount greater than increases based on changes in the Consumer Price Index for any given year.

(f) No discounts or adjustments to rates and fees can be offered to shippers, owners, or any agents of shipping companies.

(g) The schedule for all tariff rates and fees shall be maintained by the commission and available to interested parties upon written request.

","history":"(Act 2019-162, §33.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31129,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30468,"codeId":51265,"versionId":43932,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-34","shortTitle":"Section 33-4A-34","catchLine":"Pay of Pilots - Time of Payment.","title":"Section 33-4A-34 Pay of Pilots - Time of Payment.","sectionRange":null,"content":"

A bar pilot who has brought a vessel into port is entitled to his or her fees before the vessel’s departure from port, to be paid in advance, or security given for the payment and, on failure thereof, may refuse to carry the vessel out.

","history":"(Act 2019-162, §34.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31130,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30469,"codeId":51266,"versionId":43933,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-35","shortTitle":"Section 33-4A-35","catchLine":"Pay of Pilots - Fees of Pilots Retained on Vessels.","title":"Section 33-4A-35 Pay of Pilots - Fees of Pilots Retained on Vessels.","sectionRange":null,"content":"

If the master of any vessel retains a bar pilot on board, the wind and weather permitting the vessel going to sea, the bar pilot is entitled to tariff fees as established and approved by the commission.

","history":"(Act 2019-162, §35.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31131,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30470,"codeId":51267,"versionId":43934,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-36","shortTitle":"Section 33-4A-36","catchLine":"Pay of Pilots - No Discrimination or Rebating of Pilot’s Fees.","title":"Section 33-4A-36 Pay of Pilots - No Discrimination or Rebating of Pilot’s Fees.","sectionRange":null,"content":"

There shall be no discrimination among vessels subject to the payment of pilotage fees, and any person who rebates any pilotage fees or seeks a rebate of pilotage fees or in any manner creates or aids in creating any scheme or plan by which a discrimination is effected in favor of any vessel or the owners, masters, or operators thereof shall be subject to discipline by the commission, including, without limitation, having his or her license or branch revoked.

","history":"(Act 2019-162, §36.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31132,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30471,"codeId":51268,"versionId":43935,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-37","shortTitle":"Section 33-4A-37","catchLine":"Pay of Pilots - Exemptions from Payment of Pilot’s Fees.","title":"Section 33-4A-37 Pay of Pilots - Exemptions from Payment of Pilot’s Fees.","sectionRange":null,"content":"

All vessels, whether sail, steam, or propelled by any other motive power, including vessels, barges, and rafts in tow, engaged in coastwise trade, including those engaged in trade or plying upon the navigable rivers of the State of Alabama, and all vessels exempt under the laws, rules, or regulations of the government of the United States shall be exempt from payment of any pilotage fee whatsoever and shall not be required to have the services of a bar pilot in crossing the outer bar of Mobile Bay or navigating the waters of the bay or other navigable waters of the State of Alabama.

","history":"(Act 2019-162, §37.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31133,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30472,"codeId":51269,"versionId":43936,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-38","shortTitle":"Section 33-4A-38","catchLine":"Compulsory Retirement of Bar Pilots.","title":"Section 33-4A-38 Compulsory Retirement of Bar Pilots.","sectionRange":null,"content":"

Every bar pilot licensed and branched by the commission upon reaching the age of 68 years shall be required to retire and surrender his or her license or branch to the commission.

","history":"(Act 2019-162, §38.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31134,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30473,"codeId":51270,"versionId":43937,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-39","shortTitle":"Section 33-4A-39","catchLine":"Vessels Required to Take Pilots.","title":"Section 33-4A-39 Vessels Required to Take Pilots.","sectionRange":null,"content":"

All steam or motor vessels crossing the outer bar of Mobile Bay, except those exempt under this chapter, shall be conducted, controlled, or navigated by a bar pilot licensed by or under authority of the laws of the State of Alabama.

","history":"(Act 2019-162, §39.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31135,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30474,"codeId":51271,"versionId":43938,"parentId":51231,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-4A-40","shortTitle":"Section 33-4A-40","catchLine":"Report of Unlawful Discharge of Ballast, Sweepings, Rubbish, Etc., in Bay, Etc.","title":"Section 33-4A-40 Report of Unlawful Discharge of Ballast, Sweepings, Rubbish, Etc., in Bay, Etc.","sectionRange":null,"content":"

Every bar pilot, having knowledge of the discharge of ballast, sweepings, screenings, cinders, refuse, and rubbish of any kind in the Bay of Mobile or in any river emptying into the same, contrary to the law, as soon as practicable, shall give information thereof to the district attorney having jurisdiction in the Class 2 municipality.

","history":"(Act 2019-162, §40.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31136,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30475,"codeId":916,"versionId":null,"parentId":33,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"5","shortTitle":"Chapter 5","catchLine":"Registration and Operation of Vessels.","title":"Chapter 5 Registration and Operation of Vessels.","sectionRange":"§33-5-1 to §33-5-100","content":null,"history":null,"numChildren":3,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31137,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30476,"codeId":917,"versionId":null,"parentId":916,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"General Provisions.","title":"Article 1 General Provisions.","sectionRange":"§33-5-1 to §33-5-36","content":null,"history":null,"numChildren":38,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31138,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30477,"codeId":920,"versionId":664,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-1","shortTitle":"Section 33-5-1","catchLine":"Declaration of Policy.","title":"Section 33-5-1 Declaration of Policy.","sectionRange":null,"content":"

It is the policy of this state to promote safety for persons and property in and connected with the use, operation and equipment of vessels used on the waters of this state and to promote uniformity of laws relating thereto.

","history":"(Acts 1959, No. 576, p. 1442, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31139,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30478,"codeId":924,"versionId":668,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-2","shortTitle":"Section 33-5-2","catchLine":"Applicability of Article.","title":"Section 33-5-2 Applicability of Article.","sectionRange":null,"content":"

The provisions of this article shall be applicable to all vessels as herein defined, navigating the waters within the jurisdiction of this state, except where inconsistent with any laws or regulations of the United States, in which case such laws or regulations shall prevail.

","history":"(Acts 1959, No. 576, p. 1442, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31140,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30479,"codeId":928,"versionId":49666,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-3","shortTitle":"Section 33-5-3","catchLine":"Definitions.","title":"Section 33-5-3 Definitions.","sectionRange":null,"content":"

As used in this chapter, the following terms have the following meanings, unless the context clearly requires a different meaning:

(1) ALEA. The Alabama State Law Enforcement Agency.

(2) BOATING VIOLATION. An offense committed on the waters of this state, which does not amount to a misdemeanor or felony, and for which this chapter authorizes a fine of not more than two hundred dollars ($200) or a sentence for a term of imprisonment in the county jail for not more than 30 days, or both.

(3) CERTIFICATE. Registration by a vessel owner, including the issuance of an identifying number awarded each vessel and the issuance of a pocket-size certificate of registration.

(4) LENGTH. The term means measured from end to end over the deck from the bow to the transom, excluding sheer bowsprits, swim platforms, or engine brackets extending from the hull.

(5) OPERATE. To navigate or otherwise use a vessel.

(6) OWNER. A person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.

(7) PERSON. An individual, partnership, firm, corporation, association, or other entity.

(8) PERSONAL WATERCRAFT. As defined under Section 33-5-51.

(9) SECRETARY. The Secretary of the Alabama State Law Enforcement Agency.

(10) VESSEL. Every description of watercraft, other than a seaplane, capable of being used as a means of transportation on the water, but the term does not include vessels 12 feet in length or less when used solely on farm ponds of less than 50 acres in size.

(11) WATERS OF THIS STATE. Any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to and from the shore of this state. The term does not include any private pond that is not used for boat rentals or the charging of fees for fishing therein.

","history":"(Acts 1959, No. 576, p. 1442, §3; Acts 1961, No. 878, p. 1377, §1; Acts 1969, No. 1058, p. 1978, §1; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31141,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30480,"codeId":932,"versionId":49669,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-4","shortTitle":"Section 33-5-4","catchLine":"Marine Patrol Division -- Duties; State Troopers.","title":"Section 33-5-4 Marine Patrol Division -- Duties; State Troopers.","sectionRange":null,"content":"

(a) The Marine Patrol Division established pursuant to Section 41-27-6 shall be responsible for all of the following duties:

(1) Issuing, handling, and recording vessel numbers.

(2) Receiving and accounting of all registration fees and payments to ALEA into the State Treasury.

(3) Receiving and recording accident reports and providing reports of the accidents to the applicable federal agency as may be required by federal law.

(4) Investigating collisions that involve injuries or fatalities.

(5) Any other incidental clerical work connected with the administration of this chapter.

(b) The law enforcement officers of the Marine Patrol Division shall be known as state troopers.

","history":"(Acts 1959, No. 576, p. 1442, §4; Acts 1971, No. 905, p. 1669, §1; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31142,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30481,"codeId":935,"versionId":49676,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-5","shortTitle":"Section 33-5-5","catchLine":"Marine Patrol Division -- State Troopers to Have Powers of Peace Officers.","title":"Section 33-5-5 Marine Patrol Division -- State Troopers to Have Powers of Peace Officers.","sectionRange":null,"content":"

In addition to all other powers authorized by law, state troopers of the Marine Patrol Division shall have the power of peace officers in this state and may exercise such powers anywhere within the state.

","history":"(Acts 1971, No. 905, p. 1669, §2; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31143,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30482,"codeId":938,"versionId":49677,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-6","shortTitle":"Section 33-5-6","catchLine":"Enforcement of Article.","title":"Section 33-5-6 Enforcement of Article.","sectionRange":null,"content":"

This article shall be enforced by ALEA, Marine Patrol Division, by all law enforcement officers of the state, and by other agents and employees of the agency as designated and required by the secretary.

","history":"(Acts 1959, No. 576, p. 1442, §5; Act 2021-447, §2; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31144,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30483,"codeId":943,"versionId":49678,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-7","shortTitle":"Section 33-5-7","catchLine":"Records Kept Pursuant to Article.","title":"Section 33-5-7 Records Kept Pursuant to Article.","sectionRange":null,"content":"

All records of ALEA or any probate judge or license commissioner made or kept pursuant to this article shall be public records, except confidential reports and except accident reports as set out in this article.

","history":"(Acts 1959, No. 576, p. 1442, §12; Act 2023-363,§1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31146,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30484,"codeId":947,"versionId":49679,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-8","shortTitle":"Section 33-5-8","catchLine":"Commissioner to Supply Information to Federal Agencies.","title":"Section 33-5-8 Commissioner to Supply Information to Federal Agencies.","sectionRange":null,"content":"

The secretary shall supply to any authorized official or agency of the United States, upon the agency’s or official’s request and in accordance with any federal law or regulation relative thereto, necessary information pertaining to statistics and reports compiled under this article.

","history":"(Acts 1959, No. 576, p. 1442, §23; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31147,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30485,"codeId":952,"versionId":689,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-9","shortTitle":"Section 33-5-9","catchLine":"Vessels to Be Registered and Numbered.","title":"Section 33-5-9 Vessels to Be Registered and Numbered.","sectionRange":null,"content":"

Every vessel on the waters of this state shall be registered and numbered. No person shall operate or give permission for the operation of any vessel on such waters unless the vessel is registered and numbered with the identifying number set forth in the certificate of registration displayed on each side of the bow of such vessel, or in accordance with applicable federal law or in accordance with a federally approved numbering system of another state, and unless the certificate of number awarded to such vessel is in full force and effect.

","history":"(Acts 1959, No. 576, p. 1442, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31148,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30486,"codeId":956,"versionId":49680,"parentId":917,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"33-5-10","shortTitle":"Section 33-5-10","catchLine":"Certificates of Registration and Numbers Generally -- Issuance; Fees; Disposition of Funds. (Amended by 2026-45)","title":"Section 33-5-10 Certificates of Registration and Numbers Generally -- Issuance; Fees; Disposition of Funds. (Amended by 2026-45)","sectionRange":null,"content":"

AMENDED BY ACT 2026-45, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.

(a) The secretary shall issue annual certificates of registration directly and shall authorize all judges of probate in the state or any other official in the state who is presently authorized to issue automobile license plates to issue annual certificates of registration and numbers in connection therewith. In conformity with this article and any rules adopted by the secretary, the secretary shall assign to each issuing officer in the county a block of numbers and certificates which upon issue, the issuing officer shall be allowed a fee of two dollars ($2) for each certificate issued by him or her. In counties where the judge of probate or issuing officer is on the fee system, the issuing fee shall be retained by the judge of probate, and, in counties where the issuing officer or judge of probate is on a salary basis, the fee shall be paid to the county treasury. The issuance fee shall be in addition to the amount of the boat registration fee.

(b) All registration money, except the two dollar ($2) fee allowed under subsection (a), shall be remitted monthly to ALEA not later than 10 days after the first of each month. The secretary shall remit the registration money to the State Treasurer to be deposited in the State Water Safety Fund.

(c) All monies received out of the sale of licenses under this article may be used by the secretary for all purposes reasonably necessary in the cost of administration of this article, including the printing of certificates of registration, postage and transportation charges, clerical, personnel, equipment purchases, salaries, and other expenses for each year; except, that no funds collected under this article may be used to supplement or pay the salaries of any law enforcement officers other than those hired specifically for the purposes of administering this article. The secretary shall expend the monies appropriated to the Marine Patrol Division as the secretary deems necessary and appropriate; provided, however, that the appropriations may be expended only for the purposes designated by the Legislature and in the amounts provided therefor in the general appropriation bill and shall be budgeted and allotted in accordance with Article 4 of Chapter 4 of Title 41. It is the intent of the Legislature that the agency utilize existing personnel and equipment of the agency and of the sheriffs of this state to the maximum possible extent in enforcing and administering this article, to the end that there be no costly duplication of services.

","history":"(Acts 1959, No. 576, p. 1442, §6; Acts 1961, No. 878, p. 1377, §2; Acts 1969, No. 1059, p. 1979, §1; Acts 1979, No. 79-700, p. 1244, §1; Acts 1984, No. 84-446, p. 1040, §6; Act 2007-420, p. 896, §1; Act 2021-447, §2; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31149,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30487,"codeId":963,"versionId":40995,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-11","shortTitle":"Section 33-5-11","catchLine":"Certificates of Registration and Numbers Generally - Application for and Issuance of Certificate and Number; Certificate Requirements; Distinctive Identification Stickers; Replacement Stickers; Fees; Rules.","title":"Section 33-5-11 Certificates of Registration and Numbers Generally - Application for and Issuance of Certificate and Number; Certificate Requirements; Distinctive Identification Stickers; Replacement Stickers; Fees; Rules.","sectionRange":null,"content":"

(a) The owner of each vessel requiring numbering by this state shall file an application for a number with the probate judges’ offices, or license commissioner, in the county of residence of the purchaser, or the county in which the vessel is domiciled, or in the county where the vessel is purchased on forms approved by the Alabama State Law Enforcement Agency. The application shall be filed by the owner of the vessel and shall be accompanied by a fee in accordance with Section 33-5-17. Upon receipt of the application and its approval by the authorized issuing official, the official shall enter the same upon the records and issue to the applicant a certificate of registration stating the number awarded to the vessel, the name and address of the owner, and a description of the vessel. The owner shall paint on or attach to each side of the bow of the vessel the annual identification number issued in such manner as may be prescribed by rules of the Alabama State Law Enforcement Agency so that it may be clearly visible and be of such size as required by the Federal Boating Act of 1958 or any subsequent amendment thereto. The number shall be maintained in legible condition. The certificate of registration shall be pocket size and shall be available at all times for inspection on the vessel for which issued whenever the vessel is in operation.

(b) In lieu of painting the vessel identification number on or otherwise attaching the number to a vessel pursuant to subsection (a), the owner of a vessel may purchase a pair of one-year distinctive identification stickers showing support for any organization, college, or university approved for the issuance of distinctive motor vehicle license tags as provided pursuant to Section 32-6-64 or subsection (b) of Section 32-6-150, provided that the sponsoring organization, college, or university has requested that it be included in the distinctive vessel program and a distinctive license plate has been approved by both the Joint Legislative Oversight Committee on License Tags and the sponsoring organization. Notwithstanding the foregoing, distinctive vessel identification stickers shall not be available if a distinctive license plate may not be personalized pursuant to Section 32-6-69. If there is no sponsoring organization, college, or university associated with a distinctive automobile license plate for which corresponding distinctive vessel identification stickers could otherwise be considered by the Joint Legislative Oversight Committee on License Tags, a taxpayer may obtain authorization for the distinctive vessel identification stickers upon petition to and approval by the Joint Legislative Oversight Committee on License Tags. In no case shall distinctive vessel identification stickers be issued to an applicant unless the applicant would qualify for the corresponding distinctive license plate. The design and use of the distinctive vessel identification stickers shall be approved by the Joint Legislative Oversight Committee on License Tags created pursuant to Section 32-6-67 and the secretary of the agency. Applications for distinctive vessel identification stickers shall be made on forms approved by the Alabama State Law Enforcement Agency. An applicant shall qualify for the corresponding distinctive license plate in order to receive a distinctive vessel identification sticker. The distinctive vessel identification stickers purchased shall include the certificate of registration number issued to the owner in accordance with subsection (a) and shall be affixed to the vessel as prescribed by rules of the Alabama State Law Enforcement Agency.

(c) The additional cost of distinctive identification stickers for a vessel shall be fifty dollars ($50) plus an additional issuance fee of two dollars ($2) and any other surcharge or convenience fee authorized by Section 11-103-1; provided, however, the surcharge or convenience fee may not be in an amount greater than the transaction fee charged by the credit card issuer or processor. The issuance fee and any other surcharge or convenience fee shall be paid to and collected by the issuing official. The issuance fee shall be used at the sole discretion of the issuing official for equipment, maintenance, and any services necessary for the improvement of the office of the licensing official. The surcharge or convenience fee shall be applied toward the payment of any administrative or transaction fee charged by the credit card issuer or processor. The additional fifty dollars ($50) in proceeds from the sale of the distinctive vessel identification stickers shall be transmitted by the licensing official to the Comptroller, who shall distribute the proceeds in the following manner:

(1) Actual costs of the production and delivery of stickers, not to exceed 14 percent of the proceeds, shall be distributed to the Alabama Correctional Industries Division of the Department of Corrections. The costs shall be established by rule of the Department of Corrections.

(2) Actual costs of the processing of applications and payments for stickers, not to exceed six percent of the proceeds, shall be distributed to the Alabama State Law Enforcement Agency. The costs shall be established by rule of the agency.

(3) One-half of the remainder of the proceeds shall be distributed to the sponsoring organization and one-half shall be distributed to the Department of Conservation and Natural Resources and earmarked for the operation of state parks.

(d) If the Joint Legislative Oversight Committee on License Tags has approved a distinctive design for a motor vehicle license tag that does not currently provide revenue to a sponsoring organization, the fifty dollars ($50) additional cost of the distinctive vessel identification stickers shall be transmitted by the licensing official to the Comptroller who shall distribute all of the proceeds, less the cost of production and processing as prescribed in subsection (c) to the Department of Conservation and Natural Resources for the operation of the state parks.

(e) The first period for the issuance of distinctive vessel identification stickers after approval by the joint committee shall be for a period corresponding to the end of the current period of registration for the corresponding distinctive motor vehicle license plates. The distinctive identification stickers may then be renewed for one year on the anniversary date for the renewal of the corresponding distinctive motor vehicle license tag for the same sponsoring organization. All distinctive vessel identification stickers shall be redesigned as corresponding motor vehicle license plates are redesigned.

(f) If a distinctive vessel identification sticker is damaged to the extent that the vessel registration number becomes illegible or if a distinctive vessel identification sticker is lost, mutilated, or destroyed, the owner of the vessel shall file with the county licensing official documentation of such as prescribed by rules of the Alabama State Law Enforcement Agency. Upon payment for a replacement sticker in an amount prescribed by rules of the Alabama State Law Enforcement Agency not to exceed fifteen dollars ($15) per sticker and the surrender of the damaged or mutilated distinctive vessel identification sticker, the licensing official shall issue a replacement sticker. In addition to the cost of a replacement sticker, the licensing official shall charge an issuance fee of two dollars ($2) and any other surcharge or convenience fee authorized by Section 11-103-1; provided, however, the surcharge or convenience fee may not be in an amount greater than the transaction fee charged by the credit card issuer or processor. The issuance fee and any other surcharge or convenience fee shall be used for the same purposes prescribed in subsection (c). The proceeds from the purchase of replacement distinctive vessel identification stickers shall be distributed in the same manner as proceeds are distributed in subsection (c). Should a lost vessel identification sticker be recovered or come into the possession of the vessel owner, he or she shall immediately deliver and surrender the sticker to the local licensing official.

(g) On or before the twentieth day of each month, the licensing official shall transmit all proceeds received from the sale of distinctive vessel identification stickers during the then preceding month to the Comptroller. Funds collected and distributed pursuant to this section shall be audited by the Department of Examiners of Public Accounts.

(h) Distinctive vessel identification stickers shall be transferable to a new owner of the vessel subject to rules as may be established by the Alabama State Law Enforcement Agency.

(i) Notwithstanding any other provision of this article to the contrary, the Alabama State Law Enforcement Agency shall have the necessary power, authority, and responsibility to promulgate rules to implement, administer, and enforce this article.

","history":"(Acts 1959, No. 576, p. 1442, §8; Acts 1994, No. 94-622, p. 1162, §9; Act 2016-421, §1; Act 2017-379, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31151,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30488,"codeId":972,"versionId":49681,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-12","shortTitle":"Section 33-5-12","catchLine":"Certificates of Registration and Numbers Generally - Numbering System.","title":"Section 33-5-12 Certificates of Registration and Numbers Generally - Numbering System.","sectionRange":null,"content":"

The numbering system employed pursuant to this chapter shall be determined by the secretary by rule. If an agency of the United States government has in force an overall system of identification numbering for vessels within the United States, any numbering system used shall conform to the federal requirements.

","history":"(Acts 1959, No. 576, p. 1442, §11; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31152,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30489,"codeId":977,"versionId":709,"parentId":917,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"33-5-13","shortTitle":"Section 33-5-13","catchLine":"Certificates of Registration and Numbers Generally - Term of Certificates and Licenses. (Amended by 2026-45)","title":"Section 33-5-13 Certificates of Registration and Numbers Generally - Term of Certificates and Licenses. (Amended by 2026-45)","sectionRange":null,"content":"

AMENDED BY ACT 2026-45, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.

(a) Every certificate and license as provided for in this article is to be issued on a yearly basis and said certificate and license shall be valid for one issuing year only.

(b) The registration of vessels shall be on a staggered basis. To implement this article, the registration of vessels may be for periods of less than or greater than 12 months during the conversion year only.

(c) The staggered system for registration of vessels shall be implemented thusly: The first letter of an individual’s last name shall determine the month in which a vessel owner shall register his vessel(s), as indicated below:

January.................................A,D

February..............................B

March...................................C, E

April......................................F, G, N

May.......................................H, O

June......................................M, I

July........................................P, L

August.................................J, K, R

September.........................Q, S, T

October...............................U, V, W, X, Y, Z, to include livery boats, dealers, and manufacturers

After the conversion period all owners of vessels shall continue to register their vessels during the month assigned to the first initial of their last name. All registrations issued on a staggered basis shall expire on the last day of the month which precedes the month assigned for the purchase or renewal of registration. All registrations issued to vessels for which registration is due in October and November shall expire on September 30.

","history":"(Acts 1959, No. 576, p. 1442, §13; Acts 1988, No. 88-552, p. 868, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31153,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30490,"codeId":982,"versionId":714,"parentId":917,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"33-5-14","shortTitle":"Section 33-5-14","catchLine":"Certificates of Registration and Numbers Generally - Manufacturers’ and Dealers’ Vessels. (Amended by 2026-45)","title":"Section 33-5-14 Certificates of Registration and Numbers Generally - Manufacturers’ and Dealers’ Vessels. (Amended by 2026-45)","sectionRange":null,"content":"

AMENDED BY ACT 2026-45, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.

(a) The description of the vessel of a manufacturer or dealer shall be omitted from the certificate since the number awarded may be used on different vessels at different times. In lieu of the description, the word “manufacturer” or “dealer,” as appropriate, shall be plainly marked on each certificate.

(b) The manufacturer or dealer may have the number awarded printed upon or attached to a removable sign or signs to be temporarily but firmly mounted upon or attached to the vessel being demonstrated or tested so long as the display meets the requirements of this article.

","history":"(Acts 1959, No. 576, p. 1442, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31155,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30491,"codeId":986,"versionId":49682,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-15","shortTitle":"Section 33-5-15","catchLine":"Certificates of Registration and Numbers Generally - Foreign Vessels; Change of Ownership.","title":"Section 33-5-15 Certificates of Registration and Numbers Generally - Foreign Vessels; Change of Ownership.","sectionRange":null,"content":"

(a) Any vessel already covered by a number in full force and effect which has been awarded to it pursuant to the operative federal law or federally approved numbering system of another state may be operated on the waters of this state for a period of 90 consecutive days without being licensed under this article. Any vessel operating for more than 90 consecutive days must then be registered and licensed in the same manner as other vessels are required to be licensed under this article.

(b) Should the ownership of a vessel change, a new application form with a fee of three dollars ($3) for change in registration shall be filed with ALEA and a new certificate issued transferring the original vessel number to the new owner; provided, however, that the secretary, by rule, may adopt a system for the issuance of the changes of registration by the judges of probate and license commissioners of this state, and, in the event the change of registration certificates are issued by judges of probate and license commissioners, they shall be entitled to a fee of two dollars ($2).

(c) No person may operate a vessel on the waters of this state when the vessel is under foreign registry; provided, however, that any person who has previously registered his or her vessel in another state or by federal registry before coming into this state may operate the vessel for a period of 90 consecutive days without being required to register under this article.

","history":"(Acts 1959, No. 576, p. 1442, §10; Acts 1965, No. 787, p. 1473, §1; Act 2007-420, p. 896, §1; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31157,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30492,"codeId":998,"versionId":49683,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-16","shortTitle":"Section 33-5-16","catchLine":"Certificates of Registration and Numbers Generally - Transfer of Interest or Destruction or Abandonment of Vessel; Change of Address; Duplicate Registration Certificates.","title":"Section 33-5-16 Certificates of Registration and Numbers Generally - Transfer of Interest or Destruction or Abandonment of Vessel; Change of Address; Duplicate Registration Certificates.","sectionRange":null,"content":"

(a) The owner shall furnish the secretary notice of the transfer of all or any part of his or her interest other than the creation of a security interest in a vessel numbered in this state pursuant to this article or of the destruction or abandonment of the vessel within 15 days thereof. The transfer, destruction, or abandonment shall terminate the certificate for the vessel; except, that in the case of a transfer of a part interest which does not affect the owner’s right to operate the vessel, the transfer shall not terminate the certificate.

(b) Any holder of a certificate shall notify ALEA within 15 days if his or her address no longer conforms to the address appearing on the certificate and, as a part of the notification, shall furnish ALEA with his or her new address. The secretary may adopt rules for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or for the alteration of an outstanding certificate to show the new address of the holder.

(c) Any person who has purchased a vessel number for his or her vessel and subsequently loses or misplaces the registration certificate may make application to ALEA, accompanied by a fee of three dollars ($3) for a duplicate registration certificate. Each application shall be made upon forms furnished by ALEA.

(d) The secretary may provide a system through which the judges of probate and license commissioners in this state may issue duplicate registration certificates. A judge of probate or license commissioner who issues a duplicate registration certificate pursuant to this subsection shall be entitled to a fee of two dollars ($2).

","history":"(Acts 1959, No. 576, p. 1442, §14; Acts 1961, No. 878, p. 1377, §3; Acts 1965, No. 787, p. 1473, §2; Act 2007-420, p. 896, §1; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31158,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30493,"codeId":1001,"versionId":46094,"parentId":917,"effectiveDate":null,"supersessionDate":"2027-01-01","type":"Section","displayId":"33-5-17","shortTitle":"Section 33-5-17","catchLine":"Certificates of Registration and Numbers Generally - Classification of Vessels; Registration Fees. (Amended by 2026-45)","title":"Section 33-5-17 Certificates of Registration and Numbers Generally - Classification of Vessels; Registration Fees. (Amended by 2026-45)","sectionRange":null,"content":"

AMENDED BY ACT 2026-45, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE.

(a) Vessels subject to this article shall be classified according to the following schedule and annual fees charged by the Alabama State Law Enforcement Agency for registration shall be in the following amounts:

CLASS 1. Less than 16 feet in length, eighteen dollars ($18) plus a two dollar ($2) issuance fee.

CLASS 2. Sixteen feet or over and less than 26 feet in length, twenty-three dollars ($23) plus a two dollar ($2) issuance fee.

CLASS 3. Twenty-six feet or over and less than 40 feet in length, seventy-three dollars ($73) plus a two dollar ($2) issuance fee.

CLASS 4. Forty feet or over in length, ninety-eight dollars ($98) plus a two dollar ($2) issuance fee.

The above stated fees shall also apply to livery boats.

CLASS 5. Dealer or manufacturer; temporary license, twenty-three dollars ($23) plus a two dollar ($2) issuance fee for each license.

(b) In addition to the foregoing fees, there shall be an inspection fee of twenty-five dollars ($25) for all homemade boats which require a hull identification number.

(c) In addition to the foregoing fees, there shall be an additional registration fee of five dollars ($5) for every Class 1 through 4 vessel registered. All monies received from the additional registration fee provided under this subsection shall be remitted monthly to the State Treasurer to be deposited into the State Reservoir Management Grant Fund not later than 10 days after the first of each month.

","history":"(Acts 1959, No. 576, p. 1442, §16; Acts 1961, No. 878, p. 1377, §4; Acts 1971, No. 2081, p. 3352, §1; Acts 1981, No. 81-296, p. 377, §1; Acts 1984, No. 84-446, p. 1040, §6; Acts 1993, No. 93-754, p. 1508, §1; Act 2007-420, p. 896, §1; Act 2021-447, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31159,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30494,"codeId":1004,"versionId":730,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-18","shortTitle":"Section 33-5-18","catchLine":"Certificates of Registration and Numbers Generally - Only Authorized Number to Be Used.","title":"Section 33-5-18 Certificates of Registration and Numbers Generally - Only Authorized Number to Be Used.","sectionRange":null,"content":"

No number other than the number awarded to the vessel or granted reciprocity pursuant to this article shall be painted, attached or otherwise displayed on either side of the bow of such vessel.

","history":"(Acts 1959, No. 576, p. 1442, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31161,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30495,"codeId":1009,"versionId":733,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-19","shortTitle":"Section 33-5-19","catchLine":"Certificates of Registration and Numbers Generally - Exemption from Numbering Provisions of Article.","title":"Section 33-5-19 Certificates of Registration and Numbers Generally - Exemption from Numbering Provisions of Article.","sectionRange":null,"content":"

A vessel shall not be required to be numbered under this article if it is:

(1) A vessel operating under valid temporary certificate or number;

(2) Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state; provided, that such vessel shall not have been within this state for a period in excess of 90 consecutive days;

(3) A vessel under registry from a country other than the United States temporarily using the waters of this state;

(4) A vessel owned by the United States, or a state, county or municipality;

(5) A ship’s lifeboat; or

(6) A vessel not propelled by machinery, except sail boats and boats for hire.

","history":"(Acts 1959, No. 576, p. 1442, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31162,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30496,"codeId":1013,"versionId":49684,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-20","shortTitle":"Section 33-5-20","catchLine":"Special Agents to Sell Boat Licenses.","title":"Section 33-5-20 Special Agents to Sell Boat Licenses.","sectionRange":null,"content":"

(a) (1) The sheriffs of this state may be designated as special agents to sell boat licenses.

(2) The secretary may appoint other special agents to sell boat licenses; provided, however, that any special agent appointed pursuant to this subdivision shall be bonded for not less than five thousand dollars ($5,000).

(b) Special agents shall receive licenses from ALEA in the same manner as the judges of probate and license commissioners and shall make any reports and be subject to any audits as the secretary may specify. Special agents shall make returns to ALEA in the same manner as judges of probate and license commissioners.

(c) The secretary may cancel a special agent’s authority to sell licenses at any time.

(d) Special agents shall be entitled to an issuance fee of two dollars ($2).

(e) Any special agent selling licenses in excess of the cost of licenses as herein specified shall be guilty of a Class C misdemeanor.

","history":"(Acts 1959, No. 576, p. 1442, §32; Act 2007-420, p. 896, §1; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31163,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30497,"codeId":1018,"versionId":49685,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-21","shortTitle":"Section 33-5-21","catchLine":"Safety Provisions Relative to Boat Liveries.","title":"Section 33-5-21 Safety Provisions Relative to Boat Liveries.","sectionRange":null,"content":"

(a) The Alabama State Law Enforcement Agency may inspect at any reasonable time all boats owned or controlled by a livery operator for the purpose of ascertaining their seaworthiness and safety.

(b) In the event any boat owned or used by the livery operator for rental purposes is determined to be in an unsafe or unseaworthy condition, ALEA shall immediately notify the livery operator in writing as to the unsafe or unseaworthy condition of the boat or boats. After receipt of the notification, it shall be unlawful for the livery operator to rent or offer to rent the boat.

(c) If ALEA determines that a cited boat can be placed in a seaworthy or safe condition by repairs or alterations, the boat may again be used for rental purposes after ALEA performs an inspection on the vessel and determines that the repairs or alterations have been duly made.

","history":"(Acts 1959, No. 576, p. 1442, §19; Acts 1961, No. 878, p. 1377, §5; Acts 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31164,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30498,"codeId":1021,"versionId":49686,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-22","shortTitle":"Section 33-5-22","catchLine":"Safety Equipment and Navigation Lights; Flags; Flame Arrestor, Etc., for Carburetor.","title":"Section 33-5-22 Safety Equipment and Navigation Lights; Flags; Flame Arrestor, Etc., for Carburetor.","sectionRange":null,"content":"

(a) Every vessel, while being operated on the waters of this state, shall be equipped with reasonable safety devices and navigation lights in accordance with rules adopted by the secretary. No person shall operate or give permission for the operation of a vessel that is not equipped as required by rule of the secretary.

(b) All safety equipment and navigation lights required by this section shall meet the minimum standards that the secretary may adopt by rule as minimum safety equipment and navigation lights.

(c) Airboats shall display a flag 10 by 14 inches on a 12 foot mast.

(d) A diver’s flag must be displayed on the surface of any water where divers or snorkelers are operating as may be required by the secretary by rule.

(e) Every motorboat shall have the carburetor or carburetors of every engine, except outboard motors using gasoline as fuel, equipped with an efficient USCG approved flame arrestor, backfire trap, or similar device as may be prescribed by rule of the secretary.

","history":"(Acts 1959, No. 576, p. 1442, §17; Acts 1969, No. 1057, p. 1977, §1; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31165,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30499,"codeId":1026,"versionId":747,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-22.1","shortTitle":"Section 33-5-22.1","catchLine":"“Sailboard” Defined; Hull Deemed Flotation Device.","title":"Section 33-5-22.1 “Sailboard” Defined; Hull Deemed Flotation Device.","sectionRange":null,"content":"

REPEALED BY ACT 2023-363, EFFECTIVE JANUARY 1, 2024.

(a) For the purposes of this section “sailboard” means any sailboat whose unsupported mast is connected by a snivel or a flexible universal joint to a hull similar to the hull of a surfboard.

(b) Any law, rule or regulation to the contrary notwithstanding, the hull of a sailboard shall be deemed to be a flotation device. Any sailboarder or wind surfer is exempt from any additional type of personal flotation device.

","history":"(Acts 1986, No. 86-465, p. 850; Act 2023-363, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31166,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30500,"codeId":1030,"versionId":49688,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-23","shortTitle":"Section 33-5-23","catchLine":"Muffling Devices and Sirens.","title":"Section 33-5-23 Muffling Devices and Sirens.","sectionRange":null,"content":"

(a) The exhaust of every internal combustion engine used on any vessel shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The use of cutouts is prohibited, except for vessels competing in a regatta or official boat race event that is permitted by the Marine Patrol Division.

(b) No person shall use or have on board his or her vessel a siren of any type while operating on the waters of this state except as may be specifically allowed by the secretary for enforcement purposes.

(c) A violation of this section is a boating violation.

","history":"(Acts 1959, No. 576, p. 1442, §20; Acts 1961, No. 878, p. 1377, §6, Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31167,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30501,"codeId":1034,"versionId":49696,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-25","shortTitle":"Section 33-5-25","catchLine":"Collisions, Accidents, and Casualties.","title":"Section 33-5-25 Collisions, Accidents, and Casualties.","sectionRange":null,"content":"

(a) The operator of a vessel involved in a collision, accident, incident, or other casualty, so far as he or she can do so without serious danger to his or her own vessel, crew, and passengers, if any, shall render to other persons affected by the collision, accident, incident, or other casualty assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, incident, or other casualty. In addition, the operator of the vessel shall give his or her name, address, and identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, incident, or other casualty.

(b) When a collision, accident, incident, or other casualty involving a vessel results in the death or injury of a person or damage to property in excess of two thousand dollars ($2,000), within 24 hours, the operator of the vessel shall file with ALEA a full description of the collision, accident, incident, or other casualty, including any information required by the secretary by rule.

(c)(1) Except as otherwise provided in this section, all accident reports required by this section made by persons involved in accidents shall be without prejudice to the individuals filing the required reports and shall be for the confidential use of ALEA or other governmental agencies having use of the record.

(2) The Alabama State Law Enforcement Agency may disclose the identity of a person involved in an accident when the identity is not otherwise known or when the person denies his or her presence at the accident.

(3) No report shall be used as evidence in any trial, civil or criminal, arising out of an accident. Notwithstanding the foregoing, upon the demand of any person who has made, or claims to have made, a report, or upon demand of any court, ALEA shall furnish a certificate showing that a specified accident report has or has not been made to ALEA solely to prove a compliance or a failure to comply with the requirements that a report be made to ALEA.

","history":"(Acts 1959, No. 576, p. 1442, §22; Act 2009-151, p. 306, §1; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31168,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30502,"codeId":1036,"versionId":49703,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-26","shortTitle":"Section 33-5-26","catchLine":"Water Skis, Aquaplanes, Etc.","title":"Section 33-5-26 Water Skis, Aquaplanes, Etc.","sectionRange":null,"content":"

(a) No person may operate a vessel on any waters of this state for towing a person or persons on water skis, an aquaplane, or any other recreational device, unless, in addition to the operator, there is another person in the vessel who is at least 12 years of age and is observing and is capable of communicating to the operator of the vessel the progress and safety of the person being towed, or the vessel is equipped with a wide angle mirror with a viewing surface of at least 78 square inches and a field of vision of at least 170 degrees.

(b) No person may operate a vessel on any waters of this state towing a person or persons on water skis, an aquaplane, or any other recreational device, nor shall any person engage in water skiing, aquaplaning, or similar activity, at any time after sunset or before sunrise.

(c) Subsections (a) and (b) do not apply to a performer engaged in a professional exhibition or a person or persons participating in an official regatta, motorboat race, marine parade, tournament, or exhibition permitted by the Marine Patrol Division and held in compliance with Section 33-5-27 and any rules adopted thereunder.

(d) No person except in jump buoys and like objects used normally in competitive and recreational skiing may operate or manipulate any vessel, tow rope, or other device by which the direction or location of water skis, aquaplane, or any other recreational device may be affected or controlled in a manner to cause the water skis, aquaplane, or other recreational device, or any person thereon, to collide with or strike against any object or person.

(e) Subsection (a) shall not apply to personal watercraft as defined in Section 33-5-51.

(f) Any person who violates this section shall be guilty of a boating violation.

","history":"(Acts 1959, No. 576, p. 1442, §24; Acts 1994, No. 94-652, p. 1243, §23; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31169,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30503,"codeId":58688,"versionId":50873,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-26.1","shortTitle":"Section 33-5-26.1","catchLine":"Wake Restrictions in Certain Waters of the State.","title":"Section 33-5-26.1 Wake Restrictions in Certain Waters of the State.","sectionRange":null,"content":"

(a) This section shall apply only to the waters of the state impounded by Lewis Smith Dam (Lewis Smith Lake), to the waters of the state impounded by R.L. Harris Dam (Lake Wedowee or the R.L. Harris Reservoir), to the waters of the state impounded by Martin Dam (Lake Martin), to the waters of the state impounded by Weiss Dam (Weiss Lake), and to Shoal Creek in Lauderdale County north of Highway 72.

(b) For purposes of this section, the following words have the following meanings:

(1) MOTORBOAT. A motorized recreational vessel.

(2) WAKEBOARDING. Either of the following:

a. To use a board with or without foot bindings on which a rider is towed by a motorboat across a wake.

b. To operate a motorboat in a manner that creates a wake while towing an individual using a board with or without foot bindings to be towed by the motorboat across the boat’s wake.

(3) WAKESURFING. Either of the following:

a. To surf a motorboat’s wake, regardless of whether the individual is being pulled by a tow rope attached to the motorboat that is producing the wake.

b. To operate a motorboat in a manner that creates a wake that is, or is intended to be, surfed by another person.

(c) On the waters of this state impounded by Lewis Smith Dam (Lewis Smith Lake), on the waters of the state impounded by R.L. Harris Dam (Lake Wedowee or the R.L. Harris Reservoir), on the waters of the state impounded by Martin Dam (Lake Martin), on the waters of the state impounded by Weiss Dam (Weiss Lake), or on Shoal Creek in Lauderdale County north of Highway 72, an individual may not engage in wakeboarding or wakesurfing under any of the following conditions:

(1) Between sunset and sunrise.

(2) On any portion of the impounded waters where the width of the portion is less than 400 feet.

(3) Within 200 feet from any shoreline, dock, pier, boathouse, or other structure located on the impounded waters.

(4) When not wearing a personal flotation device approved by the United States Coast Guard.

(d) On the waters of the state impounded by Lewis Smith Dam (Lewis Smith Lake), on the waters of the state impounded by R.L. Harris Dam (Lake Wedowee or the R.L. Harris Reservoir), on the waters of this state impounded by Martin Dam (Lake Martin), on the waters of the state impounded by Weiss Dam (Weiss Lake), or on Shoal Creek in Lauderdale County north of Highway 72, an individual may not operate a motorboat above idle speed within 100 feet from any shoreline, dock, pier, boathouse, or other structure located on the impounded waters.

(e)(1) On a first violation of this section, an individual shall be guilty of a boating violation punishable by a fine of not less than one hundred dollars ($100).

(2) On a second or subsequent violation of this section during a single calendar year, the individual shall be guilty of a boating violation and shall be fined not less than two hundred dollars ($200). In addition, at the discretion of the court, the individual shall be subject to the revocation or suspension of his or her boater safety certification or vessel operator’s certification or vessel operating privileges upon the waters of this state for the duration of the calendar year.

(3) Any prosecution for a violation of this section shall be commenced by a citation issued by a law enforcement officer.

(f) Nothing in this section shall apply to any regatta, race, trial run, parade, tournament, or exhibition for which a written marine event application has been submitted to and approved by the Marine Patrol Division of the Alabama State Law Enforcement Agency.

(g) The Alabama State Law Enforcement Agency and the Department of Conservation and Natural Resources shall take steps to notify the public of the requirements and prohibitions of this section.

(h) Notwithstanding the other provisions of this section, for one year following September 1, 2023, an individual who violates subsection (c) on a first violation shall receive a written warning of the violation; and on a second or subsequent violation during the calendar year, the violation shall be treated as a first violation under subsection (e).

(i) Notwithstanding the other provisions of this section, for one year following October 1, 2024, an individual who violates subsection (d) on a first violation shall receive a written warning of the violation; and on a second or subsequent violation during the calendar year, the violation shall be treated as a first violation under subsection (e).

","history":"(Act 2023-459, §1; Act 2024-212, §1; Act 2025-289, §1(b)(6).)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31170,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30504,"codeId":1040,"versionId":49705,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-27","shortTitle":"Section 33-5-27","catchLine":"Regattas, Races, Marine Parades, Tournaments, and Exhibitions.","title":"Section 33-5-27 Regattas, Races, Marine Parades, Tournaments, and Exhibitions.","sectionRange":null,"content":"

(a) The secretary shall adopt and may amend rules concerning the safety of vessels and persons observing or participating in any regatta, motorboat, or other boat race, marine parade, tournament, or exhibition.

(b) Any person sponsoring a regatta, motorboat, or other boat race, marine parade, tournament, or exhibition shall be responsible for providing adequate protection from marine traffic interference and hazards.

","history":"(Acts 1959, No. 576, p. 1442, §25; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31171,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30505,"codeId":1044,"versionId":49707,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-28","shortTitle":"Section 33-5-28","catchLine":"Rules and Regulations - Rulemaking Authority.","title":"Section 33-5-28 Rules and Regulations - Rulemaking Authority.","sectionRange":null,"content":"

The secretary shall adopt rules necessary for the administration of this article.

","history":"(Acts 1959, No. 576, p. 1442, §28; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31172,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30506,"codeId":1050,"versionId":767,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-29","shortTitle":"Section 33-5-29","catchLine":"Rules and Regulations - Filing and Publication.","title":"Section 33-5-29 Rules and Regulations - Filing and Publication.","sectionRange":null,"content":"

REPEALED BY ACT 2023-363, EFFECTIVE JANUARY 1, 2024.

A copy of the regulations adopted pursuant to this article, and of any amendments thereto, shall be filed in the office of the secretary of state, and in the office of the Department of Conservation and Natural Resources. Rules and regulations may be published by the commissioner in a convenient form. The Commissioner of Conservation and Natural Resources shall cause to be publicized, by the issuance of newspaper releases, new or amended or rescinded rules and regulations promulgated by him.

","history":"(Acts 1959, No. 576, p. 1442, §27; Act 2023-363, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31173,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30507,"codeId":1053,"versionId":49709,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-30","shortTitle":"Section 33-5-30","catchLine":"Rules and Regulations - Admissibility as Evidence.","title":"Section 33-5-30 Rules and Regulations - Admissibility as Evidence.","sectionRange":null,"content":"

All rules adopted under this article by the secretary shall be admitted as evidence in the courts of this state when accompanied by an affidavit from the secretary certifying that the rule has been lawfully adopted and the affidavit shall be prima facie evidence of proper adoption of the rule.

","history":"(Acts 1959, No. 576, p. 1442, §29; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31174,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30508,"codeId":1056,"versionId":49718,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-31","shortTitle":"Section 33-5-31","catchLine":"Local Regulation.","title":"Section 33-5-31 Local Regulation.","sectionRange":null,"content":"

(a)(1) This chapter, rules adopted pursuant thereto, and other general laws of this state shall govern the operation, equipment, numbering and all other matters relating to the operation of a vessel on the waters of this state.

(2) Nothing in this chapter shall be construed to prevent the adoption of any ordinance or local law relating to operation of vessels the provisions of which are identical to the provisions of this chapter or rules adopted thereunder; provided, that the ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to this article or rule issued thereunder.

(b)(1) Any subdivision of this state, after public notice, may make formal application to the secretary for special rules for the operation of vessels on any waters within its territorial limits and shall set forth in the application the reasons the special rules are necessary or appropriate.

(2) The public notice shall be effected by the subdivision publishing a copy of the proposed public rules one time per week for four consecutive weeks in a newspaper of general circulation within the area that the subdivision is located.

(c) The secretary may adopt special rules and regulating the operation of vessels on any waters within the territorial limits of any subdivision of this state.

","history":"(Acts 1959, No. 576, p. 1442, §26; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31175,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30509,"codeId":1061,"versionId":49719,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-32","shortTitle":"Section 33-5-32","catchLine":"Jurisdiction of Offenses; Disposition of Fines.","title":"Section 33-5-32 Jurisdiction of Offenses; Disposition of Fines.","sectionRange":null,"content":"

District courts of any county of this state shall have and are hereby given final jurisdiction to try and convict persons violating this chapter or the rules adopted thereunder, subject to any proper appeal; and they shall remit to the secretary, on or before the tenth day of each month, all fines and forfeitures collected by them, together with a statement of the name of the person convicted, the date of the conviction, the amount of the fine or penalty, the date of the remittance, and the specific charge.

","history":"(Acts 1959, No. 576, p. 1442, §30; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31176,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30510,"codeId":1064,"versionId":779,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-33","shortTitle":"Section 33-5-33","catchLine":"Fees in Certain Prosecutions.","title":"Section 33-5-33 Fees in Certain Prosecutions.","sectionRange":null,"content":"

REPEALED BY ACT 2023-363.

In all misdemeanor cases for violations of the provisions of this article and regulations promulgated thereunder, and in all misdemeanor cases for violation of future laws, the enforcement of which is assigned to the Marine Police Division of the State Department of Conservation and Natural Resources, cognizable in district courts or circuit courts, where the defendant pleads guilty and no appeal is taken, no fee shall be taxed or collected in said court for trial tax, district attorney’s fee or entering judgment in such cases.

","history":"(Acts 1967, No. 288, p. 817; Act 2023-363, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31177,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30511,"codeId":1068,"versionId":49720,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-34","shortTitle":"Section 33-5-34","catchLine":"Court Costs, Docket Fees, and Other Fees and Taxes Assessed for Certain Traffic Infractions.","title":"Section 33-5-34 Court Costs, Docket Fees, and Other Fees and Taxes Assessed for Certain Traffic Infractions.","sectionRange":null,"content":"

Notwithstanding any other law to the contrary, in all criminal and quasi-criminal proceedings against a defendant for a boating violation, when a defendant is adjudged guilty or pleads guilty or is adjudicated a juvenile delinquent or youthful offender, when a bond is forfeited and the result of the forfeiture is a final disposition of the case, or when any penalty is imposed, any court costs, docket fees, and other fees and taxes assessed for traffic infractions under Chapter 19 of Title 12 and Section 15-23-17 shall be imposed in like manner against the defendant.

","history":"(Acts 1959, No. 576, p. 1442, §31; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31178,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30512,"codeId":1073,"versionId":49721,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-35","shortTitle":"Section 33-5-35","catchLine":"Penalties for Violations of Chapter.","title":"Section 33-5-35 Penalties for Violations of Chapter.","sectionRange":null,"content":"

(a) Any person convicted of violating this chapter, except as otherwise provided, shall be guilty of a boating violation and shall be sentenced by the court to any of the following:

(1) Imprisonment in the county jail for not more than 30 days.

(2) Payment of a fine of not more than two hundred dollars ($200).

(3) Both imprisonment and fine.

(b) Boating violations shall be deemed violations as described under Section 13A-5-3(d).

","history":"(Acts 1959, No. 576, p. 1442, §33; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31179,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30513,"codeId":1077,"versionId":49722,"parentId":917,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-36","shortTitle":"Section 33-5-36","catchLine":"Warning Citations.","title":"Section 33-5-36 Warning Citations.","sectionRange":null,"content":"

The secretary, by rule, may establish a system for issuing warning citations.

","history":"(Acts 1959, No. 576, p. 1442, §34; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31180,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30514,"codeId":1096,"versionId":null,"parentId":916,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"2","shortTitle":"Article 2","catchLine":"Boating Safety Reform.","title":"Article 2 Boating Safety Reform.","sectionRange":"§33-5-50 to §33-5-81","content":null,"history":null,"numChildren":34,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31181,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30515,"codeId":1099,"versionId":806,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-50","shortTitle":"Section 33-5-50","catchLine":"Short Title.","title":"Section 33-5-50 Short Title.","sectionRange":null,"content":"

This article shall be designated as the “Alabama Boating Safety Reform Act of 1994.”

","history":"(Acts 1994, No. 94-652, p. 1243, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31182,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30516,"codeId":1104,"versionId":49728,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-51","shortTitle":"Section 33-5-51","catchLine":"Operation of Personal Watercraft.","title":"Section 33-5-51 Operation of Personal Watercraft.","sectionRange":null,"content":"

(a) As used in this chapter, “personal watercraft” means a vessel that uses an inboard motor powering a water jet pump as its primary source of motive power and is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel.

(b) A person may not operate a personal watercraft on the waters of this state unless each person operating, riding on, or being towed by the personal watercraft is wearing a personal flotation device approved by the United States Coast Guard, in accordance with rules adopted by the secretary.

(c) A person operating a personal watercraft on the waters of this state that does not have self-circling capability shall have a lanyard type engine cutoff switch and shall attach the lanyard to his or her person, clothing, or personal flotation device, as is appropriate.

(d)(1) A person commits the crime of reckless operation of a personal watercraft if the person maneuvers the personal watercraft in a reckless manner that endangers life, limb, or property, or creates a public nuisance, including, but not limited to, any of the following maneuvers:

a. Weaving through congested vessel traffic at high speed

b. Following closely behind within the wake of a vessel towing a person on water skis, surfboard, or other water sport device.

c. Jumping the wake of another vessel traveling in the same direction in close proximity to the vessel.

d. Cutting between a vessel and the person being towed by that vessel.

e. Crossing at right angles in close proximity to the stern of another vessel or when visibility around the other vessel is obstructed.

f. Steering a personal watercraft toward any object or person in the water and turning sharply at close range so as to spray the object or person.

(2) Any person violating this subsection shall be punished upon conviction as provided in Section 33-5-70.

(e) No person under 14 years of age may operate a personal watercraft on the waters of this state, except as provided under Section 33-5-57 or as otherwise authorized by law.

(f) It is unlawful for the owner of any personal watercraft or any person having charge over or control of a personal watercraft to authorize or knowingly permit the personal watercraft to be operated on the waters of this state by a person in violation of this section.

(g) No person shall tow any person by personal watercraft unless the personal watercraft is equipped with rearview mirrors meeting the specifications established by rule of the secretary.

(h) Any person who violates this section, except as otherwise provided in subsection (d), shall be guilty of a boating violation.

(i) This section does not apply to a performer engaged in a professional exhibition or a person participating in a regatta, race, marine parade, tournament, or exhibition permitted by the Marine Patrol Division and held in compliance with Section 33-5-27 and any rules adopted by the secretary.

","history":"(Acts 1994, No. 94-652, p. 1243, §4; Act 2001-695, p. 1477, §3; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31183,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30517,"codeId":1108,"versionId":51210,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-52","shortTitle":"Section 33-5-52","catchLine":"Boater Safety Certification -- Required; Expiration and Renewal; Exemptions.","title":"Section 33-5-52 Boater Safety Certification -- Required; Expiration and Renewal; Exemptions.","sectionRange":null,"content":"

(a)(1) Every individual shall procure a boater safety certification before operating a motorized vessel upon the waters of this state. This section does not apply to the operation of any non-motorized sailboat, rowboat, or canoe.

(2)a. Notwithstanding any law to the contrary, an Alabama resident 16 years of age or older who purchases a vessel and who has not been previously issued a boater safety certification, for a period of 30 days following the date of sale of the vessel to the individual, may operate the vessel upon the waters, provided both of the following conditions are met:

1. The vessel has been registered in the name of the individual.

2. A bill of sale for the vessel, indicating that the individual is the purchaser and owner of the vessel, is in the possession of the individual at all times of operation.

b. An individual who test drives a vessel for sale, when accompanied by a licensed vessel dealer, shall be exempt during the drive from the certification requirements of this subsection.

(b) Each boater safety certification issued to an individual, if issued at the same time the individual is issued a valid Alabama motor vehicle driver or learner license, or valid Alabama nondriver identification card, or if issued prior to the expiration date of the driver or learner license or card, shall expire on the expiration date of the individual’s valid Alabama motor vehicle driver or learner license or card. In all other cases, the expiration date of each boater safety certification shall be four years from the date of issuance.

(c) Upon application, a boater safety certification issued under this article may be renewed at the end of the certification period without examination. For the purpose of renewal of a boater safety certification, ALEA shall mail renewal notices to each certification holder 30 days after the expiration date if the certification has not been renewed. A grace period of 60 days after the expiration date of certification shall exist for the purpose of certification renewal and the certification shall be valid for this time period. The applicant shall apply for renewal of certification any time during a period beginning 30 days before the expiration date of the then current certification until three years after the expiration date of certification. Failure to make application for renewal within the specified time shall result in the applicant being required to take, and successfully pass, a written or oral examination administered by ALEA.

(d) Nonresident individuals 12 or more years of age who have in their immediate possession a valid boater safety certification or vessel operator’s certification issued in their home state or country shall be exempt from the requirements of this section, but under no circumstances shall a nonresident individual be granted any privileges of operation beyond those granted to an Alabama resident certification holder of the same age, including those individuals described in Section 33-5-57(b).

(e) Except as provided in subsections (f) and (g), a nonresident individual may operate a vessel upon the waters of this state only after obtaining a valid boater safety certification or vessel operator’s certification issued in his or her home state or country, or after obtaining a Nonresident Alabama Boater Safety Certification upon examination and certification under the same terms and conditions as Alabama residents.

(f) An individual operating a vessel pursuant to a valid and legal commercial activity, during the period of time of that activity only, shall be exempt from the requirement of boater safety certification.

(g) An individual, while using a vessel registered with the Marine Patrol Division of ALEA as a rental vessel from a boat rental business duly licensed by the applicable municipality or county or from a state-owned marina, shall be exempt from the certification requirements of this section if the following conditions are met:

(1) The rental contract specifies that the lessee has been instructed in the proper and safe operation of the vessel by the lessor or the authorized agent of the lessor.

(2) The lessor has complied with the terms of rental contract and all parties sign the contract.

(3) The lessee signs a statement that the lessee is not currently under suspension or revocation of any boater safety certification or vessel operation privilege.

(4) A copy of the applicable rental contract is on board the vessel while the vessel is in operation.

(5) The operator of the vessel is 16 or more years of age.

(h) A violation of this section is a boating violation.

","history":"(Acts 1994, No. 94-652, p. 1243, §5; Act 2001-695, p. 1477, §3; Act 2023-363, §1; Act 2024-394, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31184,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30518,"codeId":1111,"versionId":49735,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-53","shortTitle":"Section 33-5-53","catchLine":"Boater Safety Certification -- Application Fee; Examinations; Exemptions.","title":"Section 33-5-53 Boater Safety Certification -- Application Fee; Examinations; Exemptions.","sectionRange":null,"content":"

(a)(1) Every person who applies for a boater safety certification under this article, except as otherwise provided in this subsection, shall pay a five dollar ($5) application fee and shall be given either a certificate of exemption from examination, if applicable, or a written or oral examination before applying to the judge of probate or license commissioner for the issuance of the certification.

(2) No person shall be eligible for, or issued, an exemption from examination if the person is convicted of violating any crime relating to the operation of a vessel, whether contained in this chapter or otherwise, for which a person’s boater safety certification or vessel operating privileges shall be suspended or revoked pursuant to this chapter.

(3)a. The person shall first apply to the individual designated by the secretary to conduct examinations for the county of the applicant’s residence, and a minor shall furnish a certified copy of a birth certificate or a certified statement from the county superintendent of education in which the applicant resides or the superintendent of the school which the minor attends, to prove age and upon proof shall immediately be examined.

b. Any operator of a boat who is 40 years of age or older, whether a resident or a non-resident, as of April 28, 1994, shall be granted a certificate of exemption only from the certification examination requirements of this article, but shall be subject to all the other requirements of this article. Any operator of a boat or vessel that is a holder of a current valid United States Coast Guard license issued under Section 46 C.F.R. Part 10, is exempt from the safety certification requirements of Section 33-5-52, only while performing the duties of the operator, including, but not limited to, the following: Carrying passengers for hire on United States navigable waters; on all towboats greater than 26 feet engaged in towing; on any steam propelled vessel; on any sea-going vessel greater than 200 gross tons; on any vessel engaged in off-shore oil or mineral production; and on all boats or vessels over 200 gross tons. Also exempt from the safety certification requirements of Section 33-5-52, only upon proof of valid documentation and only while performing commercial fishing duties, is an operator of a commercial fishing vessel or boat. A person holding a valid United States Coast Guard motorboat operator’s license, and a person submitting a valid certificate of successful completion of any of the following boating courses: (i) United States Power Squadron, (ii) United States Coast Guard Auxiliary, or (iii) any State of Alabama Marine Patrol Division approved boating safety course, shall be exempt from the examination requirements, and shall be issued a certificate of exemption from examination, for a boater safety certification, but shall be subject to all other requirements of this article.

(b) A person may be examined in a county other than the county designated by the secretary by agreement in writing with the secretary.

(c) The secretary shall establish as necessary the kind of examination or test to be given, which shall be of similar length and content as the motor vehicle driver license examination, and the method and manner of giving the test and ascertaining and reporting the results. Reports of all examinations shall be on forms provided by the secretary and shall show whether or not the applicant passed the examination. No provision of this subsection shall be construed to require a test of driving skills. The rules adopted by the secretary pursuant to this subsection shall be subject to the Administrative Procedure Act.

(d) If the applicant passes the examination, a certificate to that effect shall be given, on a form provided by the secretary, by the individual conducting the test. The person shall present the certificate, or the certificate of exemption from examination if applicable, to the judge of probate or license commissioner of the county, together with the application for a boater safety certification, and the judge of probate or license commissioner shall attach the certificate to the application and forward it to the secretary along with the application at the time the application is sent.

(e) If any person fails to pass the examination given, no certificate shall be given and no application for a boater safety certification shall be accepted by a judge of probate or license commissioner unless it is accompanied by a certificate showing that the applicant has passed the examination.

(f) The application fees shall be retained by the secretary and are appropriated on a continuous basis and shall be utilized and expended for boating safety or law enforcement purposes and shall not revert to the General Fund at the end of the fiscal year.

","history":"(Acts 1994, No. 94-652, p. 1243, §6; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31185,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30519,"codeId":1116,"versionId":49736,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-54","shortTitle":"Section 33-5-54","catchLine":"Boater Safety Certification -- Issuance.","title":"Section 33-5-54 Boater Safety Certification -- Issuance.","sectionRange":null,"content":"

(a) Unless otherwise provided in this article, upon the installation of a system for the issuance of boater safety certifications with color photographs of holders, all certifications and renewals issued in this state shall be issued in the following manner:

(1) The person shall apply under oath to the judge of probate or license commissioner of the county of residence for the certification or renewal upon a form which shall be provided by the secretary.

(2) Subject to the other provisions of this section, the judge of probate or license commissioner shall take a color photograph of the holder, with equipment to be furnished by the secretary, to be attached to each application.

(b) It is the legislative intent to implement and maintain a boater safety certification program at the lowest possible cost to the residents of this state. Consistent with this goal, it is the legislative intent to not require payment for boater safety certifications when certifications are obtained at the time of issuance of a valid Alabama motor vehicle driver or learner license or valid Alabama nondriver identification card, but rather utilize one card for those purposes.

(c) The following requirements shall apply to persons obtaining boater safety certifications other than at the time of issuance of their Alabama motor vehicle driver or learner license or identification card:

For the purpose of defraying the cost of issuing boater safety certifications with color photographs of the holder thereon, the judge of probate or license commissioner shall collect for each certification the sum of twenty dollars ($20) for a four-year certification, and the judge of probate or license commissioner shall give the applicant a boater safety certification.

(d) Notwithstanding anything to the contrary, in the event the applicant, at the time of issuance, is also issued a valid Alabama motor vehicle driver or learner license or valid Alabama nondriver identification card, the applicant shall not be required to pay any additional amount for the boater safety certification.

(e) Any person given a citation for failure to have a boater safety certification who had a current, valid boater safety certification at the time of the citation which was not on his or her person at the time the citation was issued, may present the boater safety certification to the court or the court clerk and the citation shall be dismissed without the payment of any costs.

","history":"(Acts 1994, No. 94-652, p. 1243, §7; Act 2001-695, p. 1477, §3; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31186,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30520,"codeId":1121,"versionId":49737,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-55","shortTitle":"Section 33-5-55","catchLine":"Reports; Disposition of Funds.","title":"Section 33-5-55 Reports; Disposition of Funds.","sectionRange":null,"content":"

At the close of business on Monday of each week, when any application has been received, the judge of probate receiving the application shall prepare a report upon a form which shall be provided by the secretary. One copy of the report, together with all applications received, shall be forwarded to the secretary and one copy shall be retained by the judge of probate. On the tenth day of every month, the judge of probate shall prepare a report showing the number of applications received and the amount of fees received during the previous calendar month; provided, that the report shall be prepared on the twentieth day in October, November, and December. One copy of the report shall be forwarded to the secretary, one to the state Comptroller, and one to the State Treasurer, and the judge of probate shall retain a copy. Except as otherwise provided in this article, the judge of probate shall also at that time deliver to the State Treasurer the amount of all the fees collected, less one dollar fifty cents ($1.50) for each boater safety certification issued, which sum shall be retained by him or her. Except in counties where the judge of probate is compensated by fees, each one dollar fifty cents ($1.50) retained by the judge of probate shall be paid into the public highway and traffic fund of the county. In counties where the judge of probate is compensated by fees, two-fifths of each one dollar fifty cents ($1.50) retained by the judge of probate shall be for his or her own use, and no other or further charge shall be made for services rendered in taking or receiving applications or issuing permits. The remaining three-fifths shall be paid into the public highway and traffic fund of the county. This section, providing for the allocation of the one dollar fifty cents ($1.50) retained by the judge of probate in counties where the judge of probate is compensated by fees, shall not repeal any local statutes or general statutes of local application providing for a different allocation of the one dollar fifty cents ($1.50). The funds remitted to the State Treasurer under this section shall be deposited into the Highway Traffic Safety Fund for the Department of Public Safety within the State Treasury. All money deposited in the State Treasury to the credit of the Highway Traffic Safety Fund for the Department of Public Safety shall be expended for law enforcement purposes and shall be appropriated on a continuous basis and shall not revert to the General Fund of the State Treasury.

","history":"(Acts 1994, No. 94-652, p. 1243, §8; Act 2000-800, p. 1901, §1; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31187,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30521,"codeId":1127,"versionId":49739,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-56","shortTitle":"Section 33-5-56","catchLine":"Certification to Bear Distinguishing Identification Information; Fees; Notification on Motor Vehicle Driver or Learner License.","title":"Section 33-5-56 Certification to Bear Distinguishing Identification Information; Fees; Notification on Motor Vehicle Driver or Learner License.","sectionRange":null,"content":"

(a) Each boater safety certification issued by ALEA, except for temporary certifications issued pursuant to Section 33-5-54, or except special circumstances as determined by the secretary, shall bear a distinguishing number assigned to the holder and a color photograph of the holder, the name, birth date, address, and a description of the holder, who, for the purpose of identification and as a condition precedent to the validity of the certification, immediately upon receipt thereof, shall endorse his or her usual or regular signature in ink or electronically upon the certification in the space provided, unless a facsimile of the holder’s signature appears.

(b) The photo boater safety certification, as provided in Section 33-5-54, shall have a photo core that meets the minimum width and length dimensions specified in ANSI standards X4.13-1971 and ANSI standard CR80, plus or minus 1/4 inch. In addition to any other fees, ALEA may charge an additional fee to recover the cost of obtaining boater safety certifications and terminal support equipment from the supplier. The fee may not exceed ten cents ($.10) over the actual cost of obtaining the necessary material from the supplier. Revenues collected under this section shall be used by ALEA for the sole purpose of this program and any excess shall revert to the State General Fund at the end of each fiscal year.

(c) Notwithstanding any other law to the contrary, if a person is issued a valid Alabama motor vehicle driver or learner license, or valid Alabama nondriver identification card at the same time as issuance of the boater safety certification, the certification shall consist of a notification on the driver or learner license or the identification card, at no additional cost for notification, that the person is also the holder of a boater safety certification. No additional fees may be collected or retained for the issuance of a boater safety certification under these circumstances. Any person may have a duplicate card issued, at the same cost as the original cost, for the convenience of the individual. The duplicate shall be marked “duplicate.”

","history":"(Acts 1994, No. 94-652, p. 1243, §9; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31188,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30522,"codeId":1131,"versionId":30515,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-57","shortTitle":"Section 33-5-57","catchLine":"Persons to Whom Boater Safety Certification Shall Not Be Issued.","title":"Section 33-5-57 Persons to Whom Boater Safety Certification Shall Not Be Issued.","sectionRange":null,"content":"

(a) A boater safety certification may not be issued to the following persons:

(1) Any person less than 12 years of age.

(2) Any person whose vessel operating right or privilege is suspended.

(3) Any person whose vessel operating right or privilege is revoked.

(4) Any person who is an habitual abuser of alcohol or drugs.

(5) Any person afflicted with or suffering from a physical or mental disability which, in the opinion of the Director of Public Safety or examining officer, will prevent the person from exercising reasonable and ordinary control over a vessel.

(6) Any person who is ineligible to receive a driver’s license pursuant to Act 2009-713.

(b) Notwithstanding any other provisions of this chapter, a person 12 years of age, but less than 14 years of age, who does not have a valid boater safety certification on January 1, 2002, may not operate a vessel, including a personal watercraft, unless the person obtains a valid boater safety certification and is under the immediate supervision of a person who is 21 years of age or older having a valid boater safety certification and who is on the vessel and is in a position to take immediate physical control of the vessel if needed. Also, notwithstanding any other provisions of this chapter, Alabama residents 12 years of age, but less than 14 years of age on January 1, 2002, may apply for and obtain a boater safety certification and operate a vessel, including a personal watercraft, to the same extent and under the same conditions as persons 14 years of age.

","history":"(Acts 1994, No. 94-652, p. 1243, §10; Act 2001-695, p. 1477, §3; Act 2009-713, p. 2095, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31189,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30523,"codeId":1134,"versionId":49740,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-58","shortTitle":"Section 33-5-58","catchLine":"Persons with Physical Disabilities or Impairments; Hearings.","title":"Section 33-5-58 Persons with Physical Disabilities or Impairments; Hearings.","sectionRange":null,"content":"

(a) Any person with physical disabilities, a record of an impairment, or regarded as having an impairment, shall be subject to the same laws and rules adopted by the secretary relating to the certification of an individual to operate a vessel.

(b) Notwithstanding any law or rule to the contrary, the secretary shall not refuse to issue or renew any certification for the operation of a vessel on the grounds of physical appearance, speculations, or generalizations that the individual’s physical impairment would impede that person’s ability to operate a vessel in a safe manner without probable cause to believe the person’s ability to operate a vessel in a safe manner is impaired.

(c) If a person’s application for a certification is denied based on the physical appearance or speculated inability of the person to operate a vessel in a safe manner, the person shall have a right to an impartial hearing before the secretary or his or her designee. At the hearing, the person shall have the right to be represented by counsel and to present witnesses including, but not limited to, a physician of choice. The person may appeal any decision to the circuit court of competent jurisdiction for a trial de novo.

(d) This section shall be interpreted to be consistent with and to further the purposes and policies of Section 504 of the Rehabilitation Act of 1973, as amended, 34 CFR Part 104 and P.L. 101-336, The Americans with Disabilities Act of 1990, together with implementing regulations, and amendments to the laws and regulations.

","history":"(Acts 1994, No. 94-652, p. 1243, §11; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31190,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30524,"codeId":1136,"versionId":49741,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-59","shortTitle":"Section 33-5-59","catchLine":"Display of Certification Required.","title":"Section 33-5-59 Display of Certification Required.","sectionRange":null,"content":"

Every holder of a boater safety certification shall have the certification in personal possession at all times when operating a motorized vessel and shall display the certificate upon demand of a judge of any court or law enforcement officer. No person charged with violating this section shall be convicted, if the person produces in court or in the office of the arresting officer a boater safety certification issued prior to the arrest and valid at the time of arrest.

","history":"(Acts 1994, No. 94-652, p. 1243, §12; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31191,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30525,"codeId":1140,"versionId":49742,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-60","shortTitle":"Section 33-5-60","catchLine":"Reciprocal Agreements with Other States.","title":"Section 33-5-60 Reciprocal Agreements with Other States.","sectionRange":null,"content":"

(a) The secretary may enter into reciprocal agreements with other states constituting an exchange of rights or privileges in the use of boater safety certifications, vessel operator’s certifications, or vessel operating privileges within this state by residents of other states.

(b) Nothing in this article shall in any way affect the revocation of certifications of another state.

(c) The reciprocal agreement may be annulled on notice issued to either party by the other party within 30 days.

(d) No reciprocal agreement shall authorize a person who has been a resident of this state for the past 90 or more days to operate a motorized vessel in this state without a valid boater safety certification issued by the secretary.

","history":"(Acts 1994, No. 94-652, p. 1243, §13; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31192,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30526,"codeId":1144,"versionId":49743,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-61","shortTitle":"Section 33-5-61","catchLine":"Restrictions for Individuals Impaired from Physical Disabilities; Special Restricted Certification; Penalty for Violation of Restrictions.","title":"Section 33-5-61 Restrictions for Individuals Impaired from Physical Disabilities; Special Restricted Certification; Penalty for Violation of Restrictions.","sectionRange":null,"content":"

(a) The secretary, upon issuing a boater safety certification to an individual who is impaired from a physical disability, may impose restrictions suitable to the holder’s operating ability with respect to the type of or special mechanical control devices required on a vessel that the holder may operate or other restrictions applicable to the holder to assure the safe operation of a vessel by the holder.

(b) The secretary may either issue a special restricted certification or may set restrictions upon the usual certification form in the issuance of certification under subsection (a).

(c) The secretary, upon receiving satisfactory evidence of any violation of the restrictions of certification subject to subsection (a), may suspend the certification, but the person shall be entitled to a hearing as upon a suspension under Section 33-5-75.

(d) A person who operates a vessel in any manner in violation of the restrictions imposed in a restricted certification shall be guilty of a boating violation.

","history":"(Acts 1994, No. 94-652, p. 1243, §14; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31193,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30527,"codeId":1149,"versionId":49744,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-62","shortTitle":"Section 33-5-62","catchLine":"Rulemaking Authority; Point System for Suspension or Revocation of Certifications; Violations.","title":"Section 33-5-62 Rulemaking Authority; Point System for Suspension or Revocation of Certifications; Violations.","sectionRange":null,"content":"

(a) The secretary may adopt reasonable rules concerning the operation of vessels and concerning the enforcement of this chapter. All fines collected shall be deposited into the State Treasury to the credit of the State Water Safety Fund.

(b) In addition to all other penalties, the secretary, by rule, shall assign each type of boating violation a point value through the creation of a point system by which boater safety certifications may be suspended or revoked, as well as hearing procedures related to the suspension or revocation of certifications. Point values shall be assigned based on the severity of a boating violation, as determined by the secretary. Reports of boating violations shall retain their point value for suspension purposes for a period of two years from the date of conviction; provided, if any period of suspension is mitigated, the points shall remain effective during any period of probation which may be imposed.

(c) Unless otherwise provided by law, the penalty for the violation of any rule adopted under this article shall be a boating violation.

","history":"(Acts 1994, No. 94-652, p. 1243, §15; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31194,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30528,"codeId":1152,"versionId":49745,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-63","shortTitle":"Section 33-5-63","catchLine":"Filing and Indexing Applications; Filing Accident Reports and Records of Convictions.","title":"Section 33-5-63 Filing and Indexing Applications; Filing Accident Reports and Records of Convictions.","sectionRange":null,"content":"

The secretary shall file every application for a boater safety certification received and shall maintain suitable indices. The secretary shall also file all accident reports and abstracts of court records of convictions received under the laws of this state and, in that connection, maintain convenient records or make suitable notations in order that an individual record of each certification holder showing the convictions of and the accidents in which the holder has been involved. The record shall be readily ascertainable and available for the consideration of the secretary upon any application for renewal of certification and at other suitable times.

","history":"(Acts 1994, No. 94-652, p. 1243, §16; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31195,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30529,"codeId":1155,"versionId":49746,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-64","shortTitle":"Section 33-5-64","catchLine":"Duplicates for Lost or Destroyed Certifications; Fees.","title":"Section 33-5-64 Duplicates for Lost or Destroyed Certifications; Fees.","sectionRange":null,"content":"

(a) If any boater safety certification issued under this article is lost or destroyed, the secretary may issue a duplicate to the person under the following conditions:

(1) Upon application for a first duplicate, the person shall pay a fee of five dollars ($5) and furnish proof to the secretary that the certificate has been lost or destroyed.

(2) Upon application for a second or subsequent duplicate, the person shall pay a fee of fifteen dollars ($15) and furnish proof satisfactory to the secretary that the previously held certification or duplicate has been lost or destroyed.

(b) Application for a duplicate shall be made to the secretary on forms provided by ALEA. The fee shall be collected by the secretary, paid into the State Treasury, and credited to the State Water Safety Fund. The fee shall be retained by ALEA, appropriated on a continuous basis, and utilized and expended for boating safety or law enforcement purposes. The fee shall not revert to the General Fund at the end of the fiscal year.

(c) Any person making a false affidavit to the secretary for the purpose of obtaining a duplicate certification shall be guilty of a Class C misdemeanor and shall be fined not less than fifty dollars ($50). All fines collected for the violation of this subsection shall be deposited into the State Water Safety Fund.

(d) Notwithstanding any other provision of law to the contrary, if a person is issued a valid Alabama motor vehicle driver or learner license or valid Alabama nondriver identification card at the same time as issuance of the boater safety certification, the person shall not be required to pay any additional fees for the reissuance of a lost or destroyed boater safety certification as denoted on any reissued lost or destroyed motor vehicle driver license.

","history":"(Acts 1994, No. 94-652, p. 1243, §17; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31196,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30530,"codeId":1159,"versionId":49747,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-65","shortTitle":"Section 33-5-65","catchLine":"Reinstatement of Certification Following Cancellation, Suspension, or Revocation.","title":"Section 33-5-65 Reinstatement of Certification Following Cancellation, Suspension, or Revocation.","sectionRange":null,"content":"

(a) Any person whose boater safety certification has been cancelled, suspended, or revoked, upon application for reinstatement of the certification, shall pay to the secretary a fee of fifty dollars ($50) for each cancellation, suspension, or revocation action. An additional fifty dollars ($50) shall be imposed if the cancelled, suspended, or revoked certification is not voluntarily surrendered within 30 days of a cancellation, suspension, or revocation notice.

(b) Upon receipt of the reinstatement fee, clearance for recertification shall be provided. The second and any subsequent clearance for recertification for this action shall be provided for a fee of five dollars ($5).

(c) Upon reinstatement, the holder shall obtain a duplicate certification with a new photograph and current personal data.

(d) Fees collected under this section shall be deposited into the State Treasury to the credit of the State Water Safety Fund.

","history":"(Acts 1994, No. 94-652, p. 1243, §18; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31197,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30531,"codeId":1163,"versionId":49748,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-66","shortTitle":"Section 33-5-66","catchLine":"Violations; Penalties.","title":"Section 33-5-66 Violations; Penalties.","sectionRange":null,"content":"

(a) Any person of whom a boater safety certification is required who operates a motorized vessel on the waters of this state without first complying with this article or the rules adopted thereunder shall be guilty of a boating violation.

(b) Any person who knowingly gives permission to operate a motorized vessel on the waters of this state to another person who is required to have a boater safety certification and who does not have a boater safety certification, or to another person required to be accompanied and who is not accompanied, shall be guilty of a boating violation.

(c) Any person who willfully makes a false statement under oath in an application for or renewal of a boater safety certification, shall be guilty of perjury and upon conviction shall be punished as provided by law.

(d) Any person who willfully conceals or withholds a material fact called for in an application for or renewal of a boater safety certification, with intent to obtain certification by fraud, shall be guilty of a boating violation.

(e) Any person who violates any provision of this article for which no fixed punishment is prescribed, or who violates any rule adopted pursuant to this article, shall be guilty of a boating violation.

(f) All fines, penalties, or forfeitures imposed and collected under this article shall be forwarded immediately by the officer of the court who collects them to the secretary, together with a report giving a list and description of each case in which a fine, penalty, or forfeiture was collected. The reports shall be on forms provided by the secretary and shall contain information as the secretary may require. All monies received by the secretary shall be deposited into the State Treasury to the credit of the State Water Safety Fund.

","history":"(Acts 1994, No. 94-652, p. 1243, §19; Act 2001-695, p. 1477, §3; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31198,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30532,"codeId":58642,"versionId":50621,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-66.1","shortTitle":"Section 33-5-66.1","catchLine":"Appearance Upon Arrest for an Offense Committed on the Waters of the State.","title":"Section 33-5-66.1 Appearance Upon Arrest for an Offense Committed on the Waters of the State.","sectionRange":null,"content":"

(a) For purposes of this section, an electronic boating traffic ticket, or “e-ticket,” is defined as a ticket that is generated and printed at the site of an offense committed on the waters of this state, as defined under Section 33-5-3, after the violation has been electronically transmitted to the court.

(b) When any person is arrested for an offense committed on the waters of this state, the arresting officer, unless otherwise provided in this section, shall take the name and address of the person and registration information of his or her vessel and issue a summons or otherwise notify the person in writing or by an e-ticket to appear at a time and place to be specified in the summons, notice, or e-ticket.

(c) An arresting officer shall transfer the arrest and licensing information of a violator electronically to the court. The court shall electronically record the arrest and issue a complaint and summons or notice to appear, which shall be printed at the site of the offense and given to the violator.

(d) The person arrested, if he or she so desires, shall have a right to an immediate hearing or a hearing within 24 hours at a convenient hour before a magistrate within the county or city where the offense was committed, or if an e-ticket is written, the person shall have a right, if he or she desires, to an immediate hearing or a hearing within 24 hours at a convenient hour before any magistrate within this state.

(e)(1) Except when an arresting officer cites a person with an e-ticket, the officer, upon the giving by the person of the required bond to appear at a certain time and place, shall release the person from custody.

(2) Except when an arresting officer cites a person with an e-ticket, a person refusing to give bond to appear shall be taken immediately by the arresting officer before the nearest or most accessible magistrate.

(3) When an e-ticket is used by an arresting officer, a person shall be deemed to have given his or her written bond to appear in court on the date as specified on the e-ticket.

(f) Any person who willfully violates his or her written bond by failing to timely appear shall be guilty of a Class C misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

(g) This section does not apply to any of the following persons:

(1) A person arrested and charged with an offense causing or contributing to an accident resulting in injury or death to any person.

(2) A person charged with operating a vessel in violation of Section 32-5A-191.3.

(3) A person whom the arresting officer has good cause to believe has committed any felony.

(h) When a person is arrested or charged with an offense described in subsection (g), the arresting officer shall take the person before the nearest or most accessible magistrate.

","history":"(Act 2023-363, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31199,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30533,"codeId":58643,"versionId":50622,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-66.2","shortTitle":"Section 33-5-66.2","catchLine":"Rulemaking Authority; Schedule of Fines; Uniform Boating Traffic Ticket and Complaint.","title":"Section 33-5-66.2 Rulemaking Authority; Schedule of Fines; Uniform Boating Traffic Ticket and Complaint.","sectionRange":null,"content":"It is the intent of the Legislature, in implementing this chapter, that the Alabama Supreme Court adopts rules pursuant to its authority under Section 150 of the Constitution of Alabama of 2022, to adopt a schedule of fines for boating violations, and to adopt a Uniform Boating Traffic Ticket and Complaint form or an electronic version thereof, and provide for the use, content, numbering schemes, and issuance of the ticket.","history":"(Act 2023-363, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31200,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30534,"codeId":1164,"versionId":49749,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-67","shortTitle":"Section 33-5-67","catchLine":"Operation While Certification Is Cancelled, Suspended, or Revoked Prohibited; Penalties.","title":"Section 33-5-67 Operation While Certification Is Cancelled, Suspended, or Revoked Prohibited; Penalties.","sectionRange":null,"content":"

Any person whose boater safety certification or vessel operator’s certification issued in this or another state or whose vessel operating privilege as a nonresident has been cancelled, suspended, or revoked, as provided in this article, and who operates any motorized vessel upon the waters of this state while certification or privilege is cancelled, suspended, or revoked shall be guilty of a boating violation and fined not less than one hundred dollars ($100). Also, at the discretion of the secretary, the person’s certification or privilege may be revoked or suspended for an additional period of six months.

","history":"(Acts 1994, No. 94-652, p. 1243, §20; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31201,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30535,"codeId":1170,"versionId":49750,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-68","shortTitle":"Section 33-5-68","catchLine":"Application Fee; Retention by Department.","title":"Section 33-5-68 Application Fee; Retention by Department.","sectionRange":null,"content":"

(a) Every applicant for an original boater safety certification shall be required to pay an application fee of five dollars ($5) to the secretary upon applying to the person designated by the secretary to conduct examinations in the county of the applicant’s residence. The five dollar ($5) application fee shall be required prior to the issuance of each certification of examination or exemption from examination.

(b) The secretary shall issue proper receipts for the application fee. The application fees are appropriated on a continuous basis to ALEA and shall be retained by the department and utilized for boating safety or law enforcement purposes and shall not revert to the State General Fund at the end of each fiscal year.

","history":"(Acts 1994, No. 94-652, p. 1243, §21; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31202,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30536,"codeId":1172,"versionId":49751,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-69","shortTitle":"Section 33-5-69","catchLine":"Flotation Device; Exceptions.","title":"Section 33-5-69 Flotation Device; Exceptions.","sectionRange":null,"content":"

(a) It shall be the duty of the parent or guardian of any child under eight years of age on board any vessel or boat of any kind on the waters of this state to require the child to wear at all times a United States Coast Guard approved wearable personal flotation device of proper size for the child, except that no personal flotation device shall be required for any child who is inside of an enclosed cabin or enclosed sleeping space regardless of whether the vessel is in operation.

(b) Any personal flotation devices required in this section shall be strapped, snapped, or zippered securely and maintained in good condition at all times they are required to be worn.

(c) Any person who violates the requirements of this section shall be guilty of a boating violation.

","history":"(Acts 1994, No. 94-652, p. 1243, §22; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31203,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30537,"codeId":1176,"versionId":49752,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-70","shortTitle":"Section 33-5-70","catchLine":"Reckless Operation of Vehicle; Careless Operation; Violation of Rules; Penalties.","title":"Section 33-5-70 Reckless Operation of Vehicle; Careless Operation; Violation of Rules; Penalties.","sectionRange":null,"content":"

(a) It is unlawful to operate a vessel in a reckless manner upon the waters of this state. A person is guilty of the reckless operation of a vessel if the person operates any vessel, or manipulates any water skis, aquaplane, or other marine transportation device, upon the waters of this state in willful or wanton disregard for the safety of persons or property at a speed or in a manner likely to endanger the life, limb, or property of any person. Any person who violates this subsection shall be guilty of a Class A misdemeanor and shall be fined not less than one hundred fifty dollars ($150).

(b) Any person operating a vessel upon the waters of this state shall operate the vessel in a reasonable and prudent manner, so as not to endanger the life, limb, or property of any person. The endangerment of life, limb, or property through the negligence, carelessness, or inattention of any person operating a vessel on the waters of this state shall constitute careless operation of a vessel. Vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel, absent negligence, shall not constitute damage or endangerment to property. Any person who violates this subsection shall be guilty of a boating violation and shall be fined not less than one hundred dollars ($100).

(c) Each person operating a vessel upon the waters of this state shall comply with all of the rules of the secretary.

","history":"(Acts 1994, No. 94-652, p. 1243, §24; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31204,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30538,"codeId":1180,"versionId":49753,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-71","shortTitle":"Section 33-5-71","catchLine":"Obstruction of Operator’s View Prohibited.","title":"Section 33-5-71 Obstruction of Operator’s View Prohibited.","sectionRange":null,"content":"

(a) It shall be unlawful for the operator of a vessel, when the vessel is operated at or above plane speed, to position or allow the positioning of, persons or equipment, including but not limited to, seats, coolers, tackle, ski, and tubing devices, in a manner that would obstruct the operator’s view or otherwise impair the safe operation of the vessel while operating on the waters of this state. Sailboats and auxiliary sailboats are exempt from this section.

(b) Any person who violates this section shall be guilty of a boating violation.

","history":"(Acts 1994, No. 94-652, p. 1243, §25; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31205,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30539,"codeId":1183,"versionId":49754,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-72","shortTitle":"Section 33-5-72","catchLine":"Engine Cut-Off Switch and Engine Cut-Off Switch Link.","title":"Section 33-5-72 Engine Cut-Off Switch and Engine Cut-Off Switch Link.","sectionRange":null,"content":"

(a) As used in this section, the following terms have the following meanings:

(1) COVERED RECREATIONAL VESSEL. A recreational vessel that meets both of the following requirements:

a. Measures less than 26 feet in overall length.

b. Is capable of developing 115 pounds or more of static thrust.

(2) PROPULSION MACHINERY. A self-contained propulsion system, including, but not limited to, inboard engines, outboard motors, and sterndrive engines.

(3) STATIC THRUST. The forward or backward thrust developed by propulsion machinery while stationary.

(b) A manufacturer, distributor, or dealer that installs propulsion machinery and associated starting controls on a covered recreational vessel shall equip the vessel with an engine cut-off switch and an engine cut-off switch link that meet American Boat and Yacht Council Standard A-33, as in effect on the date of the enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018.

(c)(1) An individual operating a covered recreational vessel shall use an engine cut-off switch link while operating on plane or above displacement speed.

(2) The requirements of subdivision (1) do not apply under either of the following conditions:

a. The main helm of the covered recreational vessel is installed within an enclosed cabin.

b. The covered recreational vessel does not have an engine cut-off switch and is not required to have one under subsection (b).

(d) Any person who violates this section shall be guilty of a boating violation.

","history":"(Acts 1994, No. 94-652, p. 1243, §26; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31206,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30540,"codeId":1185,"versionId":49755,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-73","shortTitle":"Section 33-5-73","catchLine":"Operation of Vessel in Excess of Speed Zone Prohibited.","title":"Section 33-5-73 Operation of Vessel in Excess of Speed Zone Prohibited.","sectionRange":null,"content":"

(a) No person may operate a vessel on the waters of this state in excess of a speed zone, including a no-wake zone, established by the secretary. The secretary may establish speed zones, including no-wake zones, in areas on the waters of this state.

(b) A person who violates this section shall be guilty of a boating violation.

","history":"(Acts 1994, No. 94-652, p. 1243, §27; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31207,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30541,"codeId":1188,"versionId":49756,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-74","shortTitle":"Section 33-5-74","catchLine":"Markers, Signs, and Buoys; Mooring or Fastening Vessel Prohibited; Damaging, Altering, or Moving Prohibited; Violations.","title":"Section 33-5-74 Markers, Signs, and Buoys; Mooring or Fastening Vessel Prohibited; Damaging, Altering, or Moving Prohibited; Violations.","sectionRange":null,"content":"

(a) Except in case of emergency, no person shall moor or fasten a vessel to a lawfully placed aid-to-navigation marker, sign, or buoy, regulatory marker, sign, or buoy, or area boundary marker, sign, or buoy, placed or executed by any governmental agency.

(b) No person shall willfully damage, alter, or move a lawfully placed aid-to-navigation marker, sign, or buoy, regulatory marker, sign, or buoy, or area boundary marker, sign, or buoy.

(c) Any person who violates this section shall be guilty of a boating violation and shall be fined not less than one hundred dollars ($100).

","history":"(Acts 1994, No. 94-652, p. 1243, §28; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31208,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30542,"codeId":1192,"versionId":49757,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-75","shortTitle":"Section 33-5-75","catchLine":"Authority of Commissioner of Conservation and Natural Resources to Cancel Certification or to Suspend or Revoke Privilege of Operating Vessel; Procedures.","title":"Section 33-5-75 Authority of Commissioner of Conservation and Natural Resources to Cancel Certification or to Suspend or Revoke Privilege of Operating Vessel; Procedures.","sectionRange":null,"content":"

(a) The secretary may cancel any boater safety certification upon determining that the holder of the certification was not entitled to the issuance or that the holder failed to give the correct or required information in the application for certification. Upon cancellation, the holder shall surrender his or her canceled certification and any duplicate of the certification.

(b) The privilege of operating a vessel on the waters of this state shall be subject to suspension or revocation by the secretary in like manner and for like cause as a boater safety certification may be suspended or revoked.

(c) The secretary, upon receiving a record of the conviction in this state of a nonresident operator of a vessel of any offense, may forward a certified copy of the record to the boater safety administrator in the state where the person was convicted is a resident.

(d) When a nonresident’s operating privilege or Alabama boater safety certification is suspended or revoked, the secretary may forward a certified copy of the record of the action to the boater safety administrator in the state where the person resides.

(e) The secretary may suspend or revoke the boater safety certification of any person in this state or the privilege of any person to operate a vessel on the waters of this state upon receiving notice of the conviction of the person in another state of any offense therein which, if committed in this state, would be grounds for the suspension or revocation of the boater safety certification or vessel operating privilege of a vessel operator.

(f) The secretary may give effect to conduct of a resident in another state as is provided by the laws of this state had the conduct occurred in this state.

(g) When any person is convicted of any offense for which this article makes mandatory the revocation of the certification of the person, the court shall require the surrender of the certification documents and duplicates of any boater safety certification held by the person convicted and shall forward the proof of certification surrendered together with a record of the conviction to the secretary.

(h) Within 15 days of a conviction of any person for a violation of any law for which the person is subject to boater safety certification or vessel operating privilege suspension or revocation, the court shall forward a record of the conviction to the secretary and may recommend the suspension of the certification or vessel operating privilege of the person.

(i) For the purposes of this section, the term “conviction” shall mean a final conviction. Also, for the purposes of this section, an unvacated forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, a plea of nolo contendere accepted by the court, the payment of a fine, a plea of guilty, or a finding of guilt of a boating or vessel operation violation charge shall be equivalent to a conviction regardless of whether the penalty is rebated, suspended, or probated.

(j) The secretary shall revoke the certification or vessel operating privilege of any person upon receiving a record of the person’s conviction of any of the following offenses:

(k) The secretary may suspend the certification or operating privilege of a person without preliminary hearing upon a showing by its records or other sufficient evidence that the person did any of the following:

(l) Upon suspending the certification or operating privilege of any person, the secretary shall immediately notify the person in writing and upon request shall afford the person an opportunity for a hearing as early as practicable, not to exceed 30 days after receipt of the request, in the county where the person resides or in Montgomery County in the case of a nonresident, unless the secretary and the person agree that the hearing may be held in some other county. The hearing shall be before the secretary or a duly authorized agent. At the hearing, the secretary or duly authorized agent may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and require a reexamination of the person. At the hearing, the secretary or duly authorized agent shall rescind its order of suspension or, upon good cause shown, may continue, modify, or extend the suspension or may revoke the certification or operating privilege of the person. If the certification or operating privilege has been suspended as a result of the person’s operation while under the influence of alcohol, the secretary or duly authorized agent shall consider, among other relevant factors, the person’s successful completion of any duly established waterway intoxication seminar, “DUI counterattack course,” or similar educational program designed for problem drinking operators. If the hearing is conducted by a duly authorized agent instead of by the secretary, the action of the agent shall first be approved by the secretary prior to implementation.

(m) The secretary, upon cancelling, suspending, or revoking a certification, shall require that proof of certification and any duplicates be surrendered to ALEA. Any person whose certification has been cancelled, suspended, or revoked shall immediately return the certification and any duplicates ALEA. If the person refuses to surrender the certification, the person shall be guilty of a Class C misdemeanor.

(n) Any resident or nonresident whose certification or privilege to operate a vessel in this state has been suspended or revoked, as provided in this section, may not operate a vessel in this state under a certification or other approved valid document issued by any other jurisdiction during the suspension or after revocation until a new Alabama certification or privilege is obtained as permitted under this article.

(o) Any person denied a certification or whose certification or operating privilege has been cancelled, suspended, or revoked by the secretary, except where cancellation, suspension, or revocation is mandatory under this article, may file a petition within 30 days for a hearing in the matter in the circuit court in the county wherein the person resides, or, in the case of cancellation, suspension, or revocation of a nonresident’s certification or operating privilege, in the county in which the main office of the secretary is located. The circuit court shall have jurisdiction for hearing the petitions for certification or operating privilege. The circuit court shall set the matter for hearing upon 30 days’ written notice to the secretary and shall take testimony, examine the facts of the case, and determine whether the petitioner is entitled to a certification or operating privilege under this section or is subject to suspension, cancellation, or revocation.

","history":"(Acts 1994, No. 94-652, p. 1243, §29; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31209,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30543,"codeId":1197,"versionId":879,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-76","shortTitle":"Section 33-5-76","catchLine":"Authority to Arrest at Scene of Boating Accident.","title":"Section 33-5-76 Authority to Arrest at Scene of Boating Accident.","sectionRange":null,"content":"

A uniformed police officer, state trooper, state law enforcement officer, state marine police officer, county sheriff, a deputy, or a member of a municipal police force, may arrest, at the scene of a boating accident, any operator of a boat or vessel involved in the accident if upon personal investigation, including information from eyewitnesses, the officer has reasonable grounds to believe that the person, by violating Section 32-5A-191.3, contributed to the accident. The law enforcement officer may arrest the person without a warrant although the officer did not personally see the violation.

","history":"(Acts 1994, No. 94-652, p. 1243, §30.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31210,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30544,"codeId":1201,"versionId":49758,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-77","shortTitle":"Section 33-5-77","catchLine":"Operating a Vessel Powered Beyond the Manufacturer’s Capacity Plate; Violations.","title":"Section 33-5-77 Operating a Vessel Powered Beyond the Manufacturer’s Capacity Plate; Violations.","sectionRange":null,"content":"

(a) It shall be unlawful to operate a vessel powered beyond the manufacturer’s capacity plate.

(b) Any person violating this section shall be guilty of a boating violation.

","history":"(Acts 1994, No. 94-652, p. 1243, §31; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31211,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30545,"codeId":1204,"versionId":888,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-78","shortTitle":"Section 33-5-78","catchLine":"“Vessel” Defined.","title":"Section 33-5-78 “Vessel” Defined.","sectionRange":null,"content":"

REPEALED BY ACT 2023-363.

For the purposes of this article, the term “vessel” shall be as defined by Section 33-5-3.

","history":"(Acts 1994, No. 94-652, p. 1243, §32; Act 2023-363, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31212,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30546,"codeId":1210,"versionId":49759,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-79","shortTitle":"Section 33-5-79","catchLine":"Rulemaking Authority.","title":"Section 33-5-79 Rulemaking Authority.","sectionRange":null,"content":"

The secretary may adopt and enforce reasonable and necessary rules to administer and enforce this chapter.

","history":"(Acts 1994, No. 94-652, p. 1243, §33; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31213,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30547,"codeId":1212,"versionId":894,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-80","shortTitle":"Section 33-5-80","catchLine":"Exemption for Law Enforcement Officers While Performing Their Duties.","title":"Section 33-5-80 Exemption for Law Enforcement Officers While Performing Their Duties.","sectionRange":null,"content":"

Law enforcement officers while performing their duties shall be exempt from this article while enforcing the speeding and regulatory laws pursuant to this article. No law enforcement officer shall be personally exempt from Section 32-5A-191.3.

","history":"(Acts 1994, No. 94-652, p. 1243, §34.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31214,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30548,"codeId":1217,"versionId":49760,"parentId":1096,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-81","shortTitle":"Section 33-5-81","catchLine":"Boating Safety as Part of Driver Education Curricula.","title":"Section 33-5-81 Boating Safety as Part of Driver Education Curricula.","sectionRange":null,"content":"

The State Department of Education shall require a segment of the approved driver education curricula to include boating safety in Alabama. The boating safety curricula shall be approved in writing by the secretary and the State Superintendent of Education.

","history":"(Acts 1994, No. 94-652, p. 1243, §35; Act 2023-363, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31215,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30549,"codeId":41355,"versionId":null,"parentId":916,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"3","shortTitle":"Article 3","catchLine":"Alteration or Removal of Identifying Information.","title":"Article 3 Alteration or Removal of Identifying Information.","sectionRange":"§33-5-100","content":null,"history":null,"numChildren":1,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31216,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30550,"codeId":41356,"versionId":33688,"parentId":41355,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5-100","shortTitle":"Section 33-5-100","catchLine":"Unauthorized Alteration or Removal of Identification Number or Registration Information; Forfeiture.","title":"Section 33-5-100 Unauthorized Alteration or Removal of Identification Number or Registration Information; Forfeiture.","sectionRange":null,"content":"

(a) As used in this section, the following words have the following meanings:

(1) FALSIFY. The term includes alter and forge.

(2) IDENTIFIABLE COMPONENT PART. The term includes any part of a vessel or outboard motor that has an identifying number stamped, molded, engraved, cast, or placed on it by the manufacturer or any part that can be identified by other means as being a part of a particular vessel or outboard motor.

(3) IDENTIFICATION NUMBER. The term includes an identifying number, engine number, outboard motor number, or other distinguishing number or mark placed on a vessel, outboard motor, vessel trailer, or the engine, transmission, or other component part of a vessel, by its manufacturer or by authority of the Department of Conservation and Natural Resources or in accordance with the laws of another state or country.

(4) REMOVE. The term includes deface, cover, and destroy.

(5) VESSEL. As defined by Section 33-5-3, manufactured and sold after 1985.

(b) A person who willfully removes or falsifies an identification number of a vessel, outboard motor, vessel trailer, or the engine, transmission, or other identifiable component part of a vessel is guilty of a Class A misdemeanor and shall be punished as required by law.

(c) A person who, willfully and with intent to conceal or misrepresent the identity of a vessel, outboard motor, vessel trailer, or the engine, transmission, or other identifiable component part of a vessel, removes or falsifies an identification number of the same, or possesses any part, such as a boat identification plate or powerhead serial number plug, of a vessel, outboard motor, or the engine, transmission, or other identifiable component part of a vessel which has an identification number on it that has been removed from another vessel, outboard motor, or the engine, transmission, or other identifiable component part of a vessel, 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 vessel, outboard motor, vessel trailer, or an engine, transmission, or other identifiable component part of a vessel, 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. Notwithstanding the foregoing, this subsection shall not apply to a vessel, vessel trailer, or a component part of a vessel lawfully recovered by the owner or an insurance company after theft with an identification number removed or falsified if, prior to any sale or other disposition of the vessel or part, a correct identification number, as provided for in subsection (g), is placed on the vessel, vessel trailer, or part and any incorrect number is removed. Any sale or other disposition in violation of this requirement shall be a Class A misdemeanor and shall be punished as required by law.

(e) A person who buys, receives, possesses, sells, or disposes of a vessel, outboard motor, vessel trailer, or the engine, transmission, or other identifiable component part of a vessel, 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 A misdemeanor and shall be punished as required by law.

(f) A person who removes a registration number or decal from a vessel or affixes to a vessel a registration number or decal not authorized by law for use on it, in either case with intent to conceal or misrepresent the identity of a vessel or its owner, is guilty of a Class A misdemeanor and shall be punished as required by law.

(g) An identification number may be placed on a vessel, outboard motor, vessel trailer, or the engine, transmission, or other identifiable component part of a vessel, by its manufacturer in the regular course of business or placed or restored on same by authority of the Department of Conservation and Natural Resources without violating this section. An identification number so placed or restored is not falsified.

(h) Any vessel, outboard motor, vessel trailer, or the 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 period of time not to exceed 72 hours for determination of the true identity of the vessel, outboard motor, or the engine, transmission, or other component parts. The law enforcement officials shall inform in writing the person from whom the property was seized as to the disposition of the case within two days after the 72-hour time frame ends. Any item seized by law enforcement officials, wherein ownership cannot be determined shall be contraband and subject to forfeiture. The law enforcement officials who seized an item shall use reasonable efforts to determine the existence of any lien or other security interest in that item. If it is determined that a security interest exists in the item, the law enforcement officials shall inform in writing the holder of the security interest regarding the seized item, and any action taken by the law enforcement officials with respect to the item shall be subject to the rights of the holder of the security interest.

(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 vessel, vessel trailer, or outboard motor which has been reported stolen and subsequently recovered by law enforcement officials may be returned to the person claiming ownership upon proper ownership documentation. Proper ownership documentation may include the identification number or other means of identification such as photographs, purchase documents, or registration papers along with a stolen property report showing ownership and theft. Any recovered vessel, outboard motor, or other property where 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 governmental agency or 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, with approval of a court of competent jurisdiction, may do any of the following:

(1) Retain it for official use.

(2) Have it destroyed.

(3) Repair the vessel or other property or sell it to the highest bidder with the proceeds deposited into the general fund of the state, county, or municipal governing body earmarked for law enforcement purposes, or both.

(m) Any proceeds from the sale of any vessel or other property forfeited under this section to any division of the Department of Conservation and Natural Resources shall be deposited to the credit of the respective fund out of which the division’s law enforcement activities are primarily funded, and used for law enforcement purposes. No money shall be withdrawn or expended from these funds for any purpose unless the money has been allotted and budgeted in accordance with Article 4, commencing with Section 41-4-80, of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriations act or other appropriation acts.

(n) Any vessel, outboard motor, or other property which is retained for official use under this section shall be destroyed upon its becoming unserviceable.

(o) This section shall not be interpreted to require any boat or vessel to obtain a title.

(p) This section does not apply to components that do not have a cast, engraved, molded, or stamped identification number.

","history":"(Act 2011-294, p. 540, §§1, 2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31217,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30551,"codeId":50884,"versionId":null,"parentId":33,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"5A","shortTitle":"Chapter 5A","catchLine":"Abandoned and Derelict Vessels","title":"Chapter 5A Abandoned and Derelict Vessels","sectionRange":"§33-5A-1 to §33-5A-12","content":null,"history":null,"numChildren":12,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31218,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30552,"codeId":50885,"versionId":43140,"parentId":50884,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5A-1","shortTitle":"Section 33-5A-1","catchLine":"Definitions.","title":"Section 33-5A-1 Definitions.","sectionRange":null,"content":"

As used in this chapter, the following terms shall have the following meanings:

(1) ABANDONED VESSEL. A vessel left unattended for four or more weeks after a hurricane, tropical storm, or other natural event resulting in a declaration of emergency by the Governor or, in the absence of a hurricane, tropical storm, or other natural event resulting in a declaration of emergency by the Governor, any of the following:

a. A vessel left unattended that is moored, anchored, or otherwise in the waters of the state or on public property for a period of more than 10 days.

b. A vessel not left on private property for repairs that is moored, anchored, or otherwise on private property for a period of more than 10 days without the consent of the owner or lessee of the property.

c. A vessel left on private property for repairs that has not been reclaimed within 10 days from the latter of the date the repairs were completed or the agreed-upon redemption date.

(2) AGENCY. The Alabama State Law Enforcement Agency.

(3) DERELICT VESSEL. A vessel in the waters of this state that satisfies any of the following:

a. Is sunk, in danger of sinking, or is otherwise taking on water without an effective means to dewater.

b. Is obstructing a waterway.

c. Is endangering life or property.

d. Has broken loose or is in danger of breaking loose from its anchor.

e. Is listing due to water intrusion.

f. Does not have an effective means of propulsion for safe navigation or is otherwise not seaworthy.

(4) LAW ENFORCEMENT OFFICER. An officer of a county, municipality, or any state agency, department, or subdivision thereof, who is certified by the Alabama Peace Officers’ Standards and Training Commission.

(5) VESSEL. Every description of watercraft, other than a seaplane, capable of being used as a means of transportation on the water. The term does not include a vessel built or constructed before the year 1918.

(6) WATERS OF THIS STATE. Waters of this state as defined in Section 33-5-3.

","history":"(Act 2018-179, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31219,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30553,"codeId":50886,"versionId":43141,"parentId":50884,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5A-2","shortTitle":"Section 33-5A-2","catchLine":"Removal.","title":"Section 33-5A-2 Removal.","sectionRange":null,"content":"

(a) A law enforcement officer may request a service to remove a vessel from public property under any of the following circumstances:

(1) The vessel is determined by the officer to be abandoned.

(2) The vessel is left unattended because the operator of the vessel has been arrested.

(3) The vessel is determined by the officer to pose a threat to public health or safety.

(4) The vessel is determined by the officer to be a derelict vessel.

(b) An owner of private property may request a service to remove an abandoned or derelict vessel from the private property to a storage place.

(c)(1) A law enforcement officer who directs the removal of a vessel in accordance with this chapter shall be liable only in accordance with Section 36-1-12.

(2) A person who removes or stores a vessel in accordance with this chapter shall be liable for negligence only.

","history":"(Act 2018-179, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31220,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30554,"codeId":50887,"versionId":43142,"parentId":50884,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5A-3","shortTitle":"Section 33-5A-3","catchLine":"Duty.","title":"Section 33-5A-3 Duty.","sectionRange":null,"content":"

(a) Except as provided in Section 33-5A-5, a person who removes a vessel pursuant to this chapter shall do all of the following:

(1) Give written notice of the removal to the agency within five calendar days. The notice shall include a complete description of the vessel, the vessel identification number, and any other information required by the agency.

(2) Perform a lien search on the vessel with the Secretary of State of Alabama, the Secretary of State of the state of the owner’s residence, and the National Vessel Documentation Center.

(3) Give written notice of the removal of the vessel to the owner and lienholders of record of all of the following:

a. The location of the vessel.

b. The normal business hours of the facility, if any, holding the vessel.

c. Any accrued charges or fees and the daily storage rate.

d. The mailing address and contact telephone number of the person in possession of the vessel.

e. The following language in no smaller than 10 point type: “If this vessel is not redeemed by the recorded owner or lienholder of record within 45 calendar days from the date of this notice, the vessel may be sold.”

(4) If the identity of an owner or lienholder of record cannot be ascertained, place an advertisement in a newspaper of general circulation in the county in which the vessel was located. The advertisement shall run in the newspaper once a week for two consecutive weeks and shall contain all of the information required in subdivision (3).

(b) The agency, within 10 calendar days of receiving the notice required in subsection (a), shall provide the person removing or storing the vessel with the identity and address of the owner of the vessel.

(c) A person storing a vessel pursuant to this section shall notify the agency if the vessel is claimed by the owner, determined to be stolen, or for any other reason suggesting that the vessel should no longer be considered an abandoned or derelict vessel.

(d) A person who does not provide the notice and information required by this chapter shall forfeit all claims and liens for the vessel’s storage prior to the time both the report and notice have been sent. However, failure to report or send notice does not result in a forfeiture of claims and liens for the removal of a vessel.

","history":"(Act 2018-179, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31221,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30555,"codeId":50888,"versionId":43143,"parentId":50884,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5A-4","shortTitle":"Section 33-5A-4","catchLine":"Liens and Fees; Sale.","title":"Section 33-5A-4 Liens and Fees; Sale.","sectionRange":null,"content":"

Except for vessels subject to Section 33-5A-5:

(1) A person who removes, stores, or sells a vessel in accordance with this chapter shall have a lien on the vessel for all of the following:

a. The reasonable fees connected with the removal and storage of the vessel.

b. The court costs and filing fees incurred in obtaining a court order for the sale of the vessel.

c. The notification and advertisement costs incurred.

d. The costs incurred in selling the vessel.

(2) An owner or lienholder of record may redeem an abandoned or derelict vessel by providing reasonable proof of ownership and satisfying any liens upon the vessel created pursuant to this chapter.

(3) An abandoned or derelict vessel may not be sold unless the person in possession of the vessel files a petition to sell the vessel in any court of competent jurisdiction in the county in which the vessel was abandoned and the court authorizes the sale of the vessel.

(4) A court shall authorize the sale of a vessel upon a finding that the vessel was abandoned or derelict and not redeemed by the owner or lienholder of record within 30 days after notice was given pursuant to subsection (a) of Section 33-5A-3.

(5) The sale of an abandoned or derelict vessel shall be at a public auction. The auction shall take place in the county in which the vessel was located when the person removing the vessel took possession.

(6) Prior to a sale under this section, notice of the sale 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. Notice shall be in a manner prescribed by the agency and shall include all of the following:

a. The date, time, and place of the sale.

b. A description of the abandoned or derelict vessel, including the year, make, and model.

c. The name and address of the current owner and lienholder of record, if any, as reflected on the current title or registration record.

d. The contact information for the person filing the notice.

(7) A person selling an abandoned or derelict vessel pursuant to this section shall give notice of the public auction to the agency at least 10 calendar days prior to the date of the auction.

(8) The agency, within five calendar days of receipt of the notice of public auction, shall send a vessel interest termination notice to the current owner and lienholder of record, if any, of the abandoned or derelict vessel, as disclosed on the notice of public auction. The vessel interest termination notice shall advise the owner and lienholder of record, if any, of all of the following:

a. The owner or lienholder’s interest in the vessel, upon its sale, will be terminated pursuant to this chapter.

b. Any personal property and items contained in the vessel will be disposed of in a manner determined by the person conducting the sale.

c. The owner or lienholder of record may redeem the vessel prior to the sale by providing reasonable proof of ownership and satisfying any liens upon the vessel created pursuant to this chapter.

d. All of the information provided in the notice of public auction.

e. The owner or other interested party’s right to appeal and contest the proposed sale of the vessel as provided in Section 33-5A-7.

(9) The vessel shall be sold to the highest bidder subject to any reserve price established by the agency.

(10)a. Except for any lien created pursuant to this chapter, the ownership rights of the owner and lienholders of record shall terminate upon the sale of an abandoned or derelict vessel, subject to a 90-day right of redemption as provided in this chapter.

b. A person who sells a vessel under this section shall provide notice that the vessel has been sold and a copy of the court order authorizing the sale to the agency. The agency shall issue to the purchaser of the vessel a bill of sale for the vessel, free and clear of all liens, security interests, and encumbrances, in a form as prescribed by the agency.

c. The purchaser of the vessel shall register the vessel with the agency as provided by law.

d. Each person who sells a vessel pursuant to this section shall maintain all of the following for two years from the date of the sale:

1. Copies of the notices sent pursuant to Section 33-5A-3 to the previous vessel owner and lienholder of record.

2. Any other records as required by the agency.

","history":"(Act 2018-179, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31222,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30556,"codeId":50889,"versionId":43144,"parentId":50884,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5A-5","shortTitle":"Section 33-5A-5","catchLine":"Disposal of Certain Abandoned and Derelict Vessels.","title":"Section 33-5A-5 Disposal of Certain Abandoned and Derelict Vessels.","sectionRange":null,"content":"

(a)(1) The agency, without a court order, may sell by negotiation, dispose of as junk, donate, or destroy an abandoned or derelict vessel that is not redeemed within 30 days if the vessel, as determined by an independent appraiser, is worth less than the cost of selling the vessel. For purposes of this section, the cost of selling the vessel means the total estimated cost, as determined by the agency, of the vessel’s seizure, removal, storage, advertisement, appraisal, auction, and court costs.

(2) The appraiser may be a boat seller or a licensed marine surveyor and must have at least one year of experience in the sale, purchase, or appraisal of vessels.

(b) Prior to the sale, disposal, donation, or destruction of the vessel, the agency shall advertise the vessel once in a public advertisement in a newspaper of general circulation in the county in which the vessel was located.

(c) Prior to the sale, disposal, donation, or destruction of the vessel, the owner or lienholder may redeem the vessel by paying all costs incurred in the seizure, removal, storage, appraisal, and advertisement of the vessel.

","history":"(Act 2018-179, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31223,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30557,"codeId":50890,"versionId":43145,"parentId":50884,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5A-6","shortTitle":"Section 33-5A-6","catchLine":"Proceeds of the Sale.","title":"Section 33-5A-6 Proceeds of the Sale.","sectionRange":null,"content":"

The proceeds of the sale of an abandoned or derelict vessel shall be distributed by the agency as follows:

(1) The reasonable fees and costs incurred in the seizure and sale of the vessel, including, but not limited to, removal and storage costs, court costs and filing fees, and advertisement and notification costs.

(2) Any outstanding security interest or debt attached to the vessel.

(3) The remaining balance, if any, shall be deposited into the Alabama Abandoned and Derelict Vessel Fund to be used by the agency for purposes of implementing and administering this chapter.

","history":"(Act 2018-179, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31224,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30558,"codeId":50891,"versionId":43146,"parentId":50884,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5A-7","shortTitle":"Section 33-5A-7","catchLine":"Right to Contest Sale.","title":"Section 33-5A-7 Right to Contest Sale.","sectionRange":null,"content":"

(a) The current owners, registrants, secured parties, and lienholders of record of a vessel may contest the sale of a vessel by filing a notice of appeal with the court that ordered the sale within two years of the sale of the vessel.

(b) The court shall conduct a hearing to determine whether proper notice was provided pursuant to this chapter. The vessel may not be sold pending the decision of the court.

(c) If the court determines that proper notice was issued, the vessel may be sold.

(d) Notwithstanding any other provision in this chapter, if the court determines that proper notice was not provided pursuant to this chapter, the sale of the vessel shall be void and the current owners, registrants, secured parties, and lienholders of record shall retain their ownership, security interests, liens, and interests in the vessel.

","history":"(Act 2018-179, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31225,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30559,"codeId":50892,"versionId":43147,"parentId":50884,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5A-8","shortTitle":"Section 33-5A-8","catchLine":"Right of Redemption.","title":"Section 33-5A-8 Right of Redemption.","sectionRange":null,"content":"

(a) Where a vessel, or an interest in a vessel, is sold under this chapter, the vessel may be redeemed by any of the following:

(1) The debtor, including any surety or guarantor.

(2) A judgment creditor, or its transferee.

(3) A transferee of the interests of the debtor, either before or after the sale. A transfer of any kind made by the debtor will accomplish a transfer of the interests of that party.

(4) The spouse of a debtor, or transferee of any interest of the debtor, who is a spouse on the day of the execution, judgment, or foreclosure sale.

(5) Children, heirs, or devisees of the debtor.

(b) All persons named or enumerated in subdivisions (a) (1) through (a) (5) may exercise the right of redemption granted by this section within 90 days from the date of the sale.

(c) (1) When any judgment creditor or any transferee of a judgment creditor redeems under this section, all recorded judgments, and recorded liens having a higher recorded priority in existence at the time of the sale are revived against the property redeemed and against the redeeming party and such shall become lawful charges to be paid off at redemption.

(2) Once any lienholder or recorded judgment creditor is paid the amount of the person’s debt and any accrued interest and other contractual charges, the person has no further right to redeem.

(3) Any lienholder or recorded judgment creditor with a lower recorded priority may redeem from those having a higher recorded priority who have redeemed.

(d) When debtors, or their respective spouses, children, heirs, or devisees redeem, all recorded judgments and recorded liens in existence at the time of the sale are revived against the property redeemed and against the redeeming party and further redemption by some party other than the debtor under this chapter is precluded.

(e) (1) Except as provided in subdivision (2), the right of redemption granted under this section to the debtors and their spouses, children, heirs, or devisees terminates when the debtor has conveyed his or her interests in the property and is released from liability for the debt.

(2) When a debtor conveys his or her interest in the property but remains liable on the debt and is a debtor at the date of the foreclosure sale, the debtor and his or her spouse, children, heirs, or devisees continue to be entitled to the right of redemption under this chapter.

(f) A redemption made by any person under this chapter, other than the debtors and their respective spouses, children, heirs, or devisees, shall preclude any further redemption by the person.

(g) Subject to subsection (e), a debtor has priority over any other redeeming party.

","history":"(Act 2018-179, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31226,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30560,"codeId":50893,"versionId":43148,"parentId":50884,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5A-9","shortTitle":"Section 33-5A-9","catchLine":"Alabama Abandoned and Derelict Vessel Fund.","title":"Section 33-5A-9 Alabama Abandoned and Derelict Vessel Fund.","sectionRange":null,"content":"

(a) There is established a special fund within the State Treasury to be known as the Alabama Abandoned and Derelict Vessel Fund.

(b) The fund shall be placed under the management or administration of the Secretary of the Alabama State Law Enforcement Agency for payment of the cost of implementing and administering this chapter, including, but not limited to, the cost of the seizure, removal, transportation, preservation, storage, advertisement, appraisal, and disposal of an abandoned derelict vessel.

(c) The fund shall consist of all moneys collected or received by the secretary pursuant to this chapter and all grants, appropriations, gifts, donations, and other sources for purposes of implementing and administering this chapter.

(d) The secretary shall have the authority to expend moneys in the fund in accordance with this chapter.

","history":"(Act 2018-179, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31227,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30561,"codeId":50894,"versionId":43149,"parentId":50884,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5A-10","shortTitle":"Section 33-5A-10","catchLine":"Unattended Vessel Check.","title":"Section 33-5A-10 Unattended Vessel Check.","sectionRange":null,"content":"

(a) A law enforcement officer may perform an unattended vessel check on a vessel that has been left unattended on public property. The unattended vessel check shall consist of actions that are reasonably necessary to determine that the unattended vessel does not contain an injured or incapacitated person and to determine that the unattended vessel does not pose a threat to public health or safety.

(b) A law enforcement officer who performs an unattended vessel check shall complete and attach to the vessel an unattended vessel check card. Unattended vessel check cards shall be in a form and attached to unattended vessels in a manner as may be specified by rule of the agency. Unattended vessel check cards shall be serially numbered and shall be a distinctive color as determined by the agency.

","history":"(Act 2018-179, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31228,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30562,"codeId":50895,"versionId":43150,"parentId":50884,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5A-11","shortTitle":"Section 33-5A-11","catchLine":"Refusal or Failure to Remove Derelict Vessel.","title":"Section 33-5A-11 Refusal or Failure to Remove Derelict Vessel.","sectionRange":null,"content":"

(a) It is unlawful for a person who is the owner of a derelict vessel to refuse or fail to remove the derelict vessel from the waters of this state within 24 hours after a verbal or written request from a law enforcement officer.

(b)(1) A violation of this section is a Class A misdemeanor if the vessel is a Class 4 vessel as described in Section 33-5-17.

(2) A violation of this section is a Class B misdemeanor if the vessel is a Class 3 vessel as described in Section 33-5-17.

(3) A violation of this section is a Class C misdemeanor if the vessel is a Class 1 or Class 2 vessel as described in Section 33-5-17.

(c) In addition to all other penalties, the sentencing official shall order the owner to pay for all of the costs incurred in the enforcement of this section, including the seizure, removal, transportation, preservation, storage, and disposal expenses of the derelict vessel.

(d) Any fines collected pursuant to subsection (b) and all moneys collected pursuant to subsection (c) shall be distributed into the Alabama Abandoned and Derelict Vessel Fund to be used by the Secretary of the Alabama State Law Enforcement Agency in the implementation and administration of this chapter.

","history":"(Act 2018-179, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31229,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30563,"codeId":50896,"versionId":43151,"parentId":50884,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5A-12","shortTitle":"Section 33-5A-12","catchLine":"Rulemaking Authority.","title":"Section 33-5A-12 Rulemaking Authority.","sectionRange":null,"content":"

The Alabama State Law Enforcement Agency may adopt rules for the implementation and administration of this chapter.

","history":"(Act 2018-179, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31230,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30564,"codeId":55048,"versionId":null,"parentId":33,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"5B","shortTitle":"Chapter 5B","catchLine":"Uniform Certificate of Title for Vessels Act.","title":"Chapter 5B Uniform Certificate of Title for Vessels Act.","sectionRange":"§33-5B-1 to §33-5B-30","content":null,"history":null,"numChildren":30,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31231,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30565,"codeId":55049,"versionId":48098,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-1","shortTitle":"Section 33-5B-1","catchLine":"Short Title.","title":"Section 33-5B-1 Short Title.","sectionRange":null,"content":"

This chapter may be cited as the Uniform Certificate of Title for Vessels Act.

","history":"(Act 2022-144, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31232,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30566,"codeId":55050,"versionId":48099,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-2","shortTitle":"Section 33-5B-2","catchLine":"Definitions.","title":"Section 33-5B-2 Definitions.","sectionRange":null,"content":"

(a) In this chapter, the following terms shall have the following meanings:

(1) BARGE. A vessel that is not self-propelled or fitted for propulsion by sail, paddle, oar, or similar device.

(2) BUILDER’S CERTIFICATE. A certificate of the facts of build of a vessel described in 46 C.F.R. § 67.99, as amended.

(3) BUYER. A person that buys or contracts to buy a vessel.

(4) CANCEL. With respect to a certificate of title, means to make the certificate ineffective.

(5) CERTIFICATE OF ORIGIN. A record created by a manufacturer or importer as the manufacturer’s or importer’s proof of identity of a vessel. The term includes a manufacturer’s certificate or statement of origin and an importer’s certificate or statement of origin. The term does not include a builder’s certificate.

(6) CERTIFICATE OF TITLE. A record, created by the office under this chapter or by a governmental agency of another jurisdiction under the law of that jurisdiction, that is designated as a certificate of title by the office or agency and is evidence of ownership of a vessel.

(7) DEALER. A person, including a manufacturer, in the business of selling vessels.

(8) DOCUMENTED VESSEL. A vessel covered by a certificate of documentation issued pursuant to 46 U.S.C. § 12105, as amended. The term does not include a foreign-documented vessel.

(9) ELECTRONIC. Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(10) ELECTRONIC CERTIFICATE OF TITLE. A certificate of title consisting of information that is stored solely in an electronic medium and is retrievable in perceivable form.

(11) FOREIGN-DOCUMENTED VESSEL. A vessel the ownership of which is recorded in a registry maintained by a country other than the United States which identifies each person that has an ownership interest in a vessel and includes a unique alphanumeric designation for the vessel.

(12) GOOD FAITH. Honesty in fact and the observance of reasonable commercial standards of fair dealing.

(13) HULL DAMAGE. Compromised with respect to the integrity of a vessel’s hull by a collision, allision, lightning strike, fire, explosion, running aground, or similar occurrence, or the sinking of a vessel in a manner that creates a significant risk to the integrity of the vessel’s hull.

(14) HULL IDENTIFICATION NUMBER. The alphanumeric designation assigned to a vessel pursuant to 33 C.F.R. Chapter 1, Subchapter D, Part 181, as amended.

(15) LIEN CREDITOR. With respect to a vessel, means:

(A) a creditor that has acquired a lien on the vessel by attachment, levy, or the like;

(B) an assignee for benefit of creditors from the time of assignment;

(C) a trustee in bankruptcy from the date of the filing of the petition;

(D) a receiver in equity from the time of appointment; or

(E) a person with a lien arising under Section 35-11-60.

(16) OFFICE. The Alabama Department of Revenue.

(17) OWNER. A person that has legal title to a vessel.

(18) OWNER OF RECORD. The owner indicated in the files of the office or, if the files indicate more than one owner, the one first indicated.

(19) PERSON. An individual, corporation, business trust, estate, trust, statutory trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(20) PURCHASE. To take by sale, lease, mortgage, pledge, consensual lien, security interest, gift, or any other voluntary transaction that creates an interest in a vessel.

(21) PURCHASER. A person that takes by purchase.

(22) RECORD. Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(23) SECURED PARTY. With respect to a vessel, means a person:

(A) in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding;

(B) that is a consignor under Article 9A of Title 7; or

(C) that holds a security interest arising under Section 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5).

(24) SECURED PARTY OF RECORD. The secured party whose name is indicated as the name of the secured party in the files of the office or, if the files indicate more than one secured party, the one first indicated.

(25) SECURITY INTEREST. An interest in a vessel which secures payment or performance of an obligation if the interest is created by contract or arises under Section 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5). The term includes any interest of a consignor in a vessel in a transaction that is subject to Article 9A of Title 7. The term does not include the special property interest of a buyer of a vessel on identification of that vessel to a contract for sale under Section 7-2-501, but a buyer also may acquire a security interest by complying with Article 9A of Title 7. Except as otherwise provided in Section 7-2-505, the right of a seller or lessor of a vessel under Article 2 or 2A of Title 7, to retain or acquire possession of the vessel is not a security interest, but a seller or lessor also may acquire a security interest by complying with Article 9A, Title 7. The retention or reservation of title by a seller of a vessel notwithstanding shipment or delivery to the buyer under Section 7-2-401, is limited in effect to a reservation of a security interest. Whether a transaction in the form of a lease creates a security interest is determined by Section 7-1-203.

(26) SIGN. With present intent to authenticate or adopt a record, to:

(A) make or adopt a tangible symbol; or

(B) attach to or logically associate with the record an electronic symbol, sound, or process.

(27) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(28) STATE OF PRINCIPAL USE. The state on whose waters a vessel is or will be used, operated, navigated, or employed more than on the waters of any other state during a calendar year.

(29) TITLE BRAND. A designation of previous damage, use, or condition that must be indicated on a certificate of title.

(30) TRANSFER OF OWNERSHIP. A voluntary or involuntary conveyance of an interest in a vessel.

(31) VESSEL. Any watercraft used or capable of being used as a means of transportation on water, except:

(A) a seaplane;

(B) an amphibious vehicle for which a certificate of title is issued pursuant to Chapter 8 of Title 32, or a similar statute of another state;

(C) watercraft less than 18 feet in length that is propelled solely by:

(i) sail;

(ii) paddle;

(iii) oar; or

(iv) an engine of less than 75 horsepower;

(D) watercraft that operate only on a permanently fixed, manufactured course and the movement of which is restricted to or guided by means of a mechanical device to which the watercraft is attached or by which the watercraft is controlled;

(E) a stationary floating structure that:

(i) does not have and is not designed to have a mode of propulsion of its own;

(ii) is dependent for utilities upon a continuous utility hookup to a source originating on shore; and

(iii) has a permanent, continuous hookup to a shoreside sewage system;

(F) watercraft owned by the United States, a state, or a foreign government or a political subdivision of any of them; and

(G) watercraft used solely as a lifeboat on another watercraft.

(32) VESSEL NUMBER. The alphanumeric designation for a vessel issued pursuant to 46 U.S.C. § 12301, as amended.

(33) WRITTEN CERTIFICATE OF TITLE. A certificate of title consisting of information inscribed on a tangible medium.

(b) The following definitions and terms also apply to this chapter:

(1) AGREEMENT. The term, as defined in Section 7-1-201.

(2) BUYER IN ORDINARY COURSE OF BUSINESS. The term, as defined in Section 7-1-201.

(3) CONSPICUOUS. The term, as defined in Section 7-1-201.

(4) CONSUMER GOODS. The term, as defined in Section 7-9A-102.

(5) DEBTOR. The term, as defined in Section 7-9A-102.

(6) KNOWLEDGE. The term, as defined in Section 7-1-202.

(7) LEASE. The term, as defined in Section 7-2A-103.

(8) LESSOR. The term, as defined in Section 7-2A-103.

(9) NOTICE. The term, as defined in Section 7-1-202.

(10) REPRESENTATIVE. The term, as defined in Section 7-1-201.

(11) SALE. The term, as defined in Section 7-2-106.

(12) SECURITY AGREEMENT. The term, as defined in Section 7-9A-102.

(13) SELLER. The term, as defined in Section 7-2-103.

(14) SEND. The term, as defined in Section 7-1-201.

(15) VALUE. The term, as defined in Section 7-1-204.

(c) The definitions in subsections (a) and (b) do not apply to any state or federal law governing licensing, numbering, or registration if the same term is used in that law.

","history":"(Act 2022-144, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31233,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30567,"codeId":55051,"versionId":48100,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-3","shortTitle":"Section 33-5B-3","catchLine":"Applicability.","title":"Section 33-5B-3 Applicability.","sectionRange":null,"content":"

Subject to Section 33-5B-28, this chapter applies to any transaction, certificate of title, or record relating to a vessel, even if the transaction, certificate of title, or record was entered into or created before January 1, 2024.

","history":"(Act 2022-144, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31234,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30568,"codeId":55052,"versionId":48101,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-4","shortTitle":"Section 33-5B-4","catchLine":"Supplemental Principles of Law and Equity.","title":"Section 33-5B-4 Supplemental Principles of Law and Equity.","sectionRange":null,"content":"

Unless displaced by a provision of this chapter, the principles of law and equity supplement its provisions.

","history":"(Act 2022-144, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31235,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30569,"codeId":55053,"versionId":48102,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-5","shortTitle":"Section 33-5B-5","catchLine":"Law Governing Vessel Covered by Certificate of Title.","title":"Section 33-5B-5 Law Governing Vessel Covered by Certificate of Title.","sectionRange":null,"content":"

(a) The law of the jurisdiction under whose certificate of title a vessel is covered governs all issues relating to the certificate from the time the vessel becomes covered by the certificate until the vessel becomes covered by another certificate or becomes a documented vessel, even if no other relationship exists between the jurisdiction and the vessel or its owner.

(b) A vessel becomes covered by a certificate of title when an application for the certificate and the applicable fee are delivered to the office in accordance with this chapter or to the governmental agency that creates a certificate in another jurisdiction in accordance with the law of that jurisdiction.

","history":"(Act 2022-144, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31236,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30570,"codeId":55054,"versionId":48103,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-6","shortTitle":"Section 33-5B-6","catchLine":"Certificate of Title Required.","title":"Section 33-5B-6 Certificate of Title Required.","sectionRange":null,"content":"

(a) Except as otherwise provided in subsections (b) and (c), the owner of a vessel for which this state is the state of principal use shall deliver to the office an application for a certificate of title for the vessel, with the applicable fee, not later than 20 days after the later of:

(1) the date of a transfer of ownership; or

(2) the date this state becomes the state of principal use.

(b) An application for a certificate of title is not required for:

(1) a documented vessel;

(2) a foreign-documented vessel;

(3) a barge;

(4) a vessel before delivery if the vessel is under construction or completed pursuant to contract; or

(5) a vessel held by a dealer for sale or lease, even if the vessel is used for demonstration purposes or loaned out for use by the dealer.

(c) The office may not issue, transfer, or renew a certificate of number for a vessel issued pursuant to the requirements of 46 U.S.C. § 12301, as amended, unless the office has created a certificate of title for the vessel or an application for a certificate of title for the vessel and the applicable fee has been delivered to the office.

","history":"(Act 2022-144, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31237,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30571,"codeId":55055,"versionId":48104,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-7","shortTitle":"Section 33-5B-7","catchLine":"Application for Certificate of Title.","title":"Section 33-5B-7 Application for Certificate of Title.","sectionRange":null,"content":"

(a) Except as otherwise provided in Sections 33-5B-10, 33-5B-15, 33-5B-19, 33-5B-20, 33-5B-21, and 33-5B-22, only an owner may apply for a certificate of title.

(b) An application for a certificate of title must be signed by the applicant and contain:

(1) the applicant’s name, the street address of the applicant’s principal residence, and, if different, the applicant’s mailing address;

(2) the name and mailing address of each other owner of the vessel;

(3) a copy of the applicant’s driver’s license or non-driver identification card;

(4) the hull identification number for the vessel or, if none, an application for the issuance of a hull identification number for the vessel;

(5) the vessel number for the vessel or, if none issued by the office, an application for a vessel number;

(6) a description of the vessel as required by the office, which must include:

(A) the official number for the vessel, if any, assigned by the United States Coast Guard;

(B) the name of the manufacturer, builder, or maker;

(C) the model year or, if none, the year in which the manufacture or build of the vessel was completed;

(D) the overall length of the vessel;

(E) the vessel type;

(F) the hull material;

(G) the propulsion type;

(H) the engine drive type, if any; and

(I) the fuel type, if any;

(7) an indication of all security interests in the vessel known to the applicant and the name and mailing address of each secured party;

(8) a statement that the vessel is not a documented vessel or a foreign-documented vessel;

(9) any title brand known to the applicant and, if known, the jurisdiction under whose law the title brand was created;

(10) if the applicant knows that the vessel is hull damaged, a statement that the vessel is hull damaged;

(11) if the application is made in connection with a transfer of ownership, the transferor’s name, street address, and, if different, mailing address, the sales price, if any, and the date of the transfer; and

(12) if the vessel previously was registered or titled in another jurisdiction, a statement identifying each jurisdiction known to the applicant in which the vessel was registered or titled.

(c) In addition to the information required by subsection (b), an application for a certificate of title may contain an electronic communication address of the owner, transferor, or secured party.

(d) Except as otherwise provided in Section 33-5B-19, 33-5B-20, 33-5B-21, or 33-5B-22, an application for a certificate of title must be accompanied by:

(1) a certificate of title signed by the owner shown on the certificate and which:

(A) identifies the applicant as the owner of the vessel; or

(B) is accompanied by a record that identifies the applicant as the owner; or

(2) if there is no certificate of title:

(A) if the vessel was a documented vessel, a record issued by the United States Coast Guard which shows the vessel is no longer a documented vessel and identifies the applicant as the owner;

(B) if the vessel was a foreign-documented vessel, a record issued by the foreign country which shows the vessel is no longer a foreign-documented vessel and identifies the applicant as the owner; or

(C) in all other cases, a certificate of origin, bill of sale, or other record that to the satisfaction of the office identifies the applicant as the owner.

(e) A record submitted in connection with an application is part of the application. The office shall maintain the record in its files.

(f) The office may require that an application for a certificate of title be accompanied by payment or evidence of payment of fees and taxes payable by the applicant under law of this state other than this chapter in connection with the application or the acquisition or use of the vessel. If a provision of this chapter places a duty on the office on delivery to it of an application for a certificate of title and the applicable fee and the office requires that the application be accompanied by payment or evidence of payment of fees and taxes payable by the applicant under the law of this state other than this chapter, the office is not required to carry out its duty in the absence of such payment or evidence of payment.

","history":"(Act 2022-144, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31238,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30572,"codeId":55056,"versionId":48105,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-8","shortTitle":"Section 33-5B-8","catchLine":"Creation and Cancellation of Certificate of Title.","title":"Section 33-5B-8 Creation and Cancellation of Certificate of Title.","sectionRange":null,"content":"

(a) Unless an application for a certificate of title is rejected under subsection (c) or (d), the office shall create a certificate for the vessel in accordance with subsection (b) after delivery to it of an application that complies with Section 33-5B-7 and the applicable fee.

(b) If the office creates electronic certificates of title, the office shall create an electronic certificate unless in the application the secured party of record or, if none, the owner of record, requests that the office create a written certificate.

(c) Except as otherwise provided in subsection (d), the office may reject an application for a certificate of title only if:

(1) the application does not comply with Section 33-5B-7;

(2) the application does not contain documentation sufficient for the office to determine whether the applicant is entitled to a certificate;

(3) there is a reasonable basis for concluding that the application is fraudulent or issuance of a certificate would facilitate a fraudulent or illegal act; or

(4) the application does not comply with the law of this state other than this chapter.

(d) The office shall reject an application for a certificate of title for a vessel that is a documented vessel or a foreign-documented vessel.

(e) The office may cancel a certificate of title created by it only if the office:

(1) could have rejected the application for the certificate under subsection (c);

(2) is required to cancel the certificate under another provision of this chapter; or

(3) receives satisfactory evidence that the vessel is a documented vessel or a foreign-documented vessel.

","history":"(Act 2022-144, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31239,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30573,"codeId":55057,"versionId":48106,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-9","shortTitle":"Section 33-5B-9","catchLine":"Content of Certificate of Title.","title":"Section 33-5B-9 Content of Certificate of Title.","sectionRange":null,"content":"

(a) A certificate of title must contain:

(1) the date the certificate was created;

(2) the name of the owner of record and, if not all owners are listed, an indication that there are additional owners indicated in the files of the office;

(3) the mailing address of the owner of record;

(4) the hull identification number;

(5) the information listed in Section 33-5B-7(b)(6);

(6) except as otherwise provided in Section 33-5B-15(b), the name and mailing address of the secured party of record, if any, and if not all secured parties are listed, an indication that there are other security interests indicated in the files of the office; and

(7) all title brands indicated in the files of the office covering the vessel, including brands indicated on a certificate created by a governmental agency of another jurisdiction and delivered to the office.

(b) This chapter does not preclude the office from noting on a certificate of title the name and mailing address of a secured party that is not a secured party of record.

(c) For each title brand indicated on a certificate of title, the certificate must identify the jurisdiction under whose law the title brand was created or the jurisdiction that created the certificate on which the title brand was indicated. If the meaning of a title brand is not easily ascertainable or cannot be accommodated on the certificate, the certificate may state: “Previously branded in (insert the jurisdiction under whose law the title brand was created or whose certificate of title previously indicated the title brand).”

(d) If the files of the office indicate that a vessel previously was registered or titled in a foreign country, the office shall indicate on the certificate of title that the vessel was registered or titled in that country.

(e) A written certificate of title must contain a form that all owners indicated on the certificate may sign to evidence consent to a transfer of an ownership interest to another person. The form must include a certification, signed under penalty for making an unsworn falsification to authorities pursuant to Section 13A-10-109, that the statements made are true and correct to the best of each owner’s knowledge, information, and belief.

(f) A written certificate of title must contain a form for the owner of record to indicate, in connection with a transfer of an ownership interest, that the vessel is hull damaged.

(g) A written certificate of title must contain a form for a secured party to indicate release of its security interest.

","history":"(Act 2022-144, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31240,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30574,"codeId":55058,"versionId":48107,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-10","shortTitle":"Section 33-5B-10","catchLine":"Title Brand.","title":"Section 33-5B-10 Title Brand.","sectionRange":null,"content":"

(a) Unless subsection (c) applies, at or before the time the owner of record transfers an ownership interest in a hull-damaged vessel that is covered by a certificate of title created by the office, if the damage occurred while that person was an owner of the vessel and the person has notice of the damage at the time of the transfer, the owner shall:

(1) deliver to the office an application for a new certificate that complies with Section 33-5B-7 and includes the title brand designation “Hull Damaged”; or

(2) indicate on the certificate in the place designated for that purpose that the vessel is hull damaged and deliver the certificate to the transferee.

(b) After delivery to the office of the application under subdivision (a)(1) or the certificate of title under subdivision (a)(2), the office shall create a new certificate that indicates that the vessel is branded “Hull Damaged.”

(c) Before an insurer transfers an ownership interest in a hull-damaged vessel that is covered by a certificate of title created by the office, the insurer shall deliver to the office an application for a new certificate that complies with Section 33-5B-6 and includes the title brand designation “Hull Damaged.” After delivery of the application to the office, the office shall create a new certificate that indicates that the vessel is branded “Hull Damaged.”

(d) An owner of record that fails to comply with subsection (a), a person that solicits or colludes in a failure by an owner of record to comply with subsection (a), or an insurer that fails to comply with subsection (c) is subject to an administrative penalty of one thousand dollars ($1,000).

","history":"(Act 2022-144, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31241,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30575,"codeId":55059,"versionId":48108,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-11","shortTitle":"Section 33-5B-11","catchLine":"Maintenance of and Access to Files.","title":"Section 33-5B-11 Maintenance of and Access to Files.","sectionRange":null,"content":"

(a) For each record relating to a certificate of title submitted to the office, the office shall:

(1) ascertain or assign the hull identification number for the vessel;

(2) maintain the hull identification number and all the information submitted with the application pursuant to Section 33-5B-7(b) to which the record relates, including the date and time the record was delivered to the office;

(3) maintain the files for public inspection subject to subsection (e); and

(4) index the files of the office as required by subsection (b).

(b) The office shall maintain in its files the information contained in all certificates of title created under this chapter. The information in the files of the office must be searchable by the hull identification number of the vessel, the vessel number, the name of the owner of record, and any other method used by the office.

(c) The office shall maintain in its files, for each vessel for which it has created a certificate of title, all title brands known to the office, the name of each secured party known to the office, the name of each person known to the office to be claiming an ownership interest, and all stolen-property reports the office has received.

(d) Upon request, for safety, security, or law-enforcement purposes, the office shall provide to federal, state, or local government the information in its files relating to any vessel for which the office has issued a certificate of title.

(e) Except as otherwise provided by the law of this state other than this chapter, the information required under Section 33-5B-9 is a public record. The information provided under Section 33-5B-7(b)(3) is not a public record.

","history":"(Act 2022-144, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31242,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30576,"codeId":55060,"versionId":48109,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-12","shortTitle":"Section 33-5B-12","catchLine":"Action Required on Creation of Certificate of Title.","title":"Section 33-5B-12 Action Required on Creation of Certificate of Title.","sectionRange":null,"content":"

(a) On creation of a written certificate of title, the office promptly shall send the certificate to the secured party of record or, if none, to the owner of record, at the address indicated for that person in the files of the office. On creation of an electronic certificate of title, the office promptly shall send a record evidencing the certificate to the owner of record and, if there is one, to the secured party of record, at the address indicated for that person in the files of the office. The office may send the record to the person’s mailing address or, if indicated in the files of the office, an electronic address.

(b) If the office creates a written certificate of title, any electronic certificate of title for the vessel is canceled and replaced by the written certificate. The office shall maintain in the files of the office the date and time of cancellation.

(c) Before the office creates an electronic certificate of title, any written certificate for the vessel must be surrendered to the office. If the office creates an electronic certificate, the office shall destroy or otherwise cancel the written certificate for the vessel which has been surrendered to the office and maintain in the files of the office the date and time of destruction or other cancellation. If a written certificate being canceled is not destroyed, the office shall indicate on the face of the certificate that it has been canceled.

","history":"(Act 2022-144, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31243,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30577,"codeId":55061,"versionId":48110,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-13","shortTitle":"Section 33-5B-13","catchLine":"Effect of Certificate of Title.","title":"Section 33-5B-13 Effect of Certificate of Title.","sectionRange":null,"content":"

A certificate of title is prima facie evidence of the accuracy of the information in the record that constitutes the certificate.

","history":"(Act 2022-144, §13.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31244,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30578,"codeId":55062,"versionId":48111,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-14","shortTitle":"Section 33-5B-14","catchLine":"Effect of Possession of Certificate of Title; Judicial Process.","title":"Section 33-5B-14 Effect of Possession of Certificate of Title; Judicial Process.","sectionRange":null,"content":"

Possession of a certificate of title does not by itself provide a right to obtain possession of a vessel. Garnishment, attachment, levy, replevin, or other judicial process against the certificate is not effective to determine possessory rights to the vessel. This chapter does not prohibit enforcement under the law of this state other than this chapter of a security interest in, levy on, or foreclosure of a statutory or common-law lien on a vessel. Absence of an indication of a security interest, statutory lien, or common-law lien on a certificate does not invalidate the security interest or lien.

","history":"(Act 2022-144, §14.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31245,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30579,"codeId":55063,"versionId":48112,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-15","shortTitle":"Section 33-5B-15","catchLine":"Perfection of Security Interest.","title":"Section 33-5B-15 Perfection of Security Interest.","sectionRange":null,"content":"

(a) Except as otherwise provided in this section or Section 33-5B-28, a security interest in a vessel may be perfected only by delivery to the office of an application for a certificate of title that identifies the secured party and otherwise complies with Section 33-5B-7. The security interest is perfected on the later of delivery to the office of the application and the applicable fee or attachment of the security interest under Section 7-9A-203.

(b) If the interest of a person named as owner in an application for a certificate of title delivered to the office is a security interest, the application sufficiently identifies the person as a secured party. Identification on the application for a certificate of a person as owner is not by itself a factor in determining whether the person’s interest is a security interest.

(c) If the office has created a certificate of title for a vessel, a security interest in the vessel may be perfected by delivery to the office of an application, on a form the office may require, to have the security interest added to the certificate. The application must be signed by an owner of the vessel or by the secured party and must include:

(1) the name of the owner of record;

(2) the name and mailing address of the secured party;

(3) the hull identification number for the vessel; and

(4) if the office has created a written certificate of title for the vessel, the certificate.

(d) A security interest perfected under subsection (c) is perfected on the later of delivery to the office of the application and all applicable fees or attachment of the security interest under Section 7-9A-203.

(e) On delivery of an application that complies with subsection (c) and payment of all applicable fees, the office shall create a new certificate of title pursuant to Section 33-5B-8 and deliver the new certificate or a record evidencing an electronic certificate pursuant to Section 33-5B-12(a). The office shall maintain in the files of the office the date and time of delivery of the application to the office.

(f) If a secured party assigns a perfected security interest in a vessel, the receipt by the office of a statement providing the name of the assignee as secured party is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor. A purchaser of a vessel subject to a security interest which obtains a release from the secured party indicated in the files of the office or on the certificate takes free of the security interest and of the rights of a transferee unless the transfer is indicated in the files of the office or on the certificate.

(g) This section does not apply to a security interest:

(1) created in a vessel by a person during any period in which the vessel is inventory held for sale or lease by the person or is leased by the person as lessor if the person is a dealer;

(2) in a barge for which no application for a certificate of title has been delivered to the office; or

(3) in a vessel before delivery if the vessel is under construction or completed pursuant to contract and for which no application for a certificate has been delivered to the office.

(h) This subsection applies if a certificate of documentation for a documented vessel is deleted or canceled. If a security interest in the vessel was valid immediately before deletion or cancellation against a third party as a result of compliance with 46 U.S.C. § 31321, the security interest is and remains perfected until the earlier of four months after cancellation of the certificate or the time the security interest becomes perfected under this chapter.

(i) A security interest in a vessel arising under Section 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5), is perfected when it attaches but becomes unperfected when the debtor obtains possession of the vessel, unless before the debtor obtains possession the security interest is perfected pursuant to subsection (a) or (c).

(j) A security interest in a vessel as proceeds of other collateral is perfected to the extent provided in Section 7-9A-315.

(k) A security interest in a vessel perfected under the law of another jurisdiction is perfected to the extent provided in Section 7-9A-316(d).

","history":"(Act 2022-144, §15.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31246,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30580,"codeId":55064,"versionId":48113,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-16","shortTitle":"Section 33-5B-16","catchLine":"Termination Statement.","title":"Section 33-5B-16 Termination Statement.","sectionRange":null,"content":"

(a) Except as provided in subsection (b), a secured party indicated in the files of the office as having a security interest in a vessel shall deliver a termination statement to the office and, on request of the owner of record in a signed record, shall deliver a copy of the termination statement to the owner of record, by the earlier of:

(1) twenty days after the secured party receives a signed demand from an owner for a termination statement and there is no obligation secured by the vessel subject to the security interest and no commitment to make an advance, incur an obligation, or otherwise give value secured by the vessel; or

(2) if the vessel is consumer goods, 30 days after there is no obligation secured by the vessel and no commitment to make an advance, incur an obligation, or otherwise give value secured by the vessel.

(b) If a written certificate of title has been created and delivered to a secured party, the secured party may comply with the requirements of subsection (a) by signing the release form on the certificate and delivering the certificate to the office or to the owner of record no later than the date required by subsection (a). On request of the owner of record, a secured party that delivers a written certificate with a signed release form to the office, not later than the date required by subsection (a), shall deliver a copy of the certificate showing the signed release form to the owner of record. If the certificate is lost, stolen, mutilated, destroyed, or is otherwise unavailable or illegible, the secured party shall deliver a termination statement to the office as required by subsection (a) and shall deliver to the office with the statement an application for a replacement certificate meeting the requirements of Section 33-5B-22 and the applicable fee.

(c) On delivery to the office of a termination statement under subsection (a) or (b), or on delivery of a written certificate of title with a signed release form to the office or the owner of record under subsection (b), any security interest to which the statement or certificate relates ceases to be perfected. If the security interest to which the statement relates was indicated on the certificate, the office shall create a new certificate and deliver the new certificate or a record evidencing an electronic certificate pursuant to Section 33-5B-12(a). The office shall maintain in its files the date and time of delivery to the office of a termination statement or written certificate with a signed release form.

(d) A secured party that fails to comply with this section is liable to the owner of record for a penalty in the amount of five hundred dollars ($500). Nothing in this subsection precludes the owner of record or another owner from recovering damages under the law of this state other than this chapter.

","history":"(Act 2022-144, §16.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31247,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30581,"codeId":55065,"versionId":48114,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-17","shortTitle":"Section 33-5B-17","catchLine":"Transfer of Ownership.","title":"Section 33-5B-17 Transfer of Ownership.","sectionRange":null,"content":"

(a) On voluntary transfer of an ownership interest in a vessel covered by a certificate of title, the following rules apply:

(1) If the certificate is a written certificate of title and the transferor’s interest is noted on the certificate, the transferor shall sign the certificate and deliver it to the transferee. If the transferor does not have possession of the certificate, the person in possession of the certificate has a duty to facilitate the transferor’s compliance with this subdivision. A secured party does not have a duty to facilitate the transferor’s compliance with this subdivision if the proposed transfer is prohibited by the security agreement.

(2) If the certificate of title is an electronic certificate of title, the transferor shall sign and deliver to the transferee a record evidencing the transfer of ownership to the transferee.

(3) The transferee has a right enforceable by specific performance to require the transferor to comply with subdivision (1) or (2).

(b) The creation of a certificate of title identifying the transferee as owner of record satisfies subsection (a).

(c) A failure to comply with subsection (a) or to apply for a new certificate of title does not render a transfer of ownership of a vessel ineffective between the parties. Except as otherwise provided in Section 33-5B-18, 33-5B-19, 33-5B-23(a), or 33-5B-24, a transfer of ownership without compliance with subsection (a) is not effective against another person claiming an interest in the vessel.

(d) A transferor that complies with subsection (a) is not liable solely in the capacity as owner of the vessel for an event occurring after the transfer, regardless of whether the transferee applies for a new certificate of title.

","history":"(Act 2022-144, §17.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31248,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30582,"codeId":55066,"versionId":48115,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-18","shortTitle":"Section 33-5B-18","catchLine":"Effect of Missing or Incorrect Information.","title":"Section 33-5B-18 Effect of Missing or Incorrect Information.","sectionRange":null,"content":"

Except as otherwise provided in Section 7-9A-337, a certificate of title or other record required or authorized by this chapter is effective even if it contains incorrect information or does not contain required information.

","history":"(Act 2022-144, §18.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31249,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30583,"codeId":55067,"versionId":48116,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-19","shortTitle":"Section 33-5B-19","catchLine":"Transfer of Ownership by Secured Party’s Transfer Statement.","title":"Section 33-5B-19 Transfer of Ownership by Secured Party’s Transfer Statement.","sectionRange":null,"content":"

(a) In this section, “secured party’s transfer statement” means a record signed by the secured party of record stating:

(1) that there has been a default on an obligation secured by the vessel;

(2) that the secured party of record has exercised post-default remedies with respect to the vessel;

(3) that, by reason of the exercise, a transferee has acquired the ownership interest of an owner;

(4) the name of the owner whose ownership interest has been acquired by the transferee;

(5) the name and last known mailing address of the owner of record and the secured party of record;

(6) the name of the transferee;

(7) other information required by Section 33-5B-7(b); and

(8) one of the following:

(A) that the certificate of title is an electronic certificate;

(B) that the secured party does not have possession of the written certificate of title created in the name of the owner of record; or

(C) that the secured party of record is delivering the written certificate of title created in the name of the owner of record to the office, with the release form signed, with the transfer statement.

(b) Unless the office rejects a secured party’s transfer statement for a reason stated in Section 33-5B-8(c), after delivery to the office of the statement and the applicable fee the office shall:

(1) accept the statement;

(2) amend its files to reflect the transfer; and

(3) if the name of the owner whose ownership interest has been transferred is indicated on the certificate of title:

(A) cancel the certificate;

(B) create a new certificate substituting the name of the transferee for the name of the owner; and

(C) deliver the new certificate or a record evidencing an electronic certificate pursuant to Section 33-5B-12(a).

(c) An application under subsection (a) or the creation of a certificate of title under subsection (b) is not by itself a disposition of the vessel and does not by itself relieve the secured party of its duties under Article 9A of Title 7.

","history":"(Act 2022-144, §19.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31250,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30584,"codeId":55068,"versionId":48117,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-20","shortTitle":"Section 33-5B-20","catchLine":"Transfer of Operation of Law.","title":"Section 33-5B-20 Transfer of Operation of Law.","sectionRange":null,"content":"

(a) In this section:

(1) “By operation of law” means pursuant to a law or judicial order affecting ownership of a vessel:

(A) because of death, divorce or other family law proceeding, merger, consolidation, dissolution, or bankruptcy;

(B) through the exercise of the rights of a lien creditor or a person having a lien created by statute or rule of law; or

(C) through other legal process.

(2) “Transfer-by-law statement” means a record signed by a transferee stating that by operation of law the transferee has acquired or has the right to acquire an ownership interest in a vessel.

(b) A transfer-by-law statement must contain:

(1) the name and last known mailing address of the owner of record and the transferee and the other information required by Section 33-5B-7(b);

(2) documentation sufficient to establish the transferee’s ownership interest or right to acquire the ownership interest;

(3) a statement that:

(A) the certificate of title is an electronic certificate of title;

(B) the transferee does not have possession of the written certificate of title created in the name of the owner of record; or

(C) the transferee is delivering the written certificate to the office with the transfer-by-law statement; and

(4) except for a transfer described in paragraph (a)(1)(A), evidence that notification of the transfer and the intent to file the transfer-by-law statement has been sent to all persons indicated in the files of the office as having an interest, including a security interest, in the vessel.

(c) Unless the office rejects a transfer-by-law statement for a reason stated in Section 33-5B-8(c) or because the statement does not include documentation satisfactory to the office as to the transferee’s ownership interest or right to acquire the ownership interest, after delivery to the office of the statement and payment of fees and taxes payable under the law of this state other than this chapter in connection with the statement or with the acquisition or use of the vessel, the office shall:

(1) accept the statement;

(2) amend the files of the office to reflect the transfer; and

(3) if the name of the owner whose ownership interest is being transferred is indicated on the certificate of title:

(A) cancel the certificate even if the certificate has not been delivered to the office;

(B) create a new certificate indicating the transferee as owner;

(C) indicate on the new certificate any security interest indicated on the canceled certificate, unless a court order provides otherwise; and

(D) deliver the new certificate or a record evidencing an electronic certificate.

(d) This section does not apply to a transfer of an interest in a vessel by a secured party under Part 6, Article 9A, Title 7.

","history":"(Act 2022-144, §20.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31251,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30585,"codeId":55069,"versionId":48118,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-21","shortTitle":"Section 33-5B-21","catchLine":"Application for Transfer of Ownership or Termination of Security Interest Without Certificate of Title.","title":"Section 33-5B-21 Application for Transfer of Ownership or Termination of Security Interest Without Certificate of Title.","sectionRange":null,"content":"

(a) Except as otherwise provided in Section 33-5B-19 or 33-5B-20, if the office receives, unaccompanied by a signed certificate of title, an application for a new certificate that includes an indication of a transfer of ownership or a termination statement, the office may create a new certificate under this section only if:

(1) all other requirements under Sections 33-5B-7 and 33-5B-8 are met;

(2) the applicant provides an affidavit stating facts showing the applicant is entitled to a transfer of ownership or termination statement;

(3) the applicant provides the office with satisfactory evidence that notification of the application has been sent to the owner of record and all persons indicated in the files of the office as having an interest, including a security interest, in the vessel, at least 45 days have passed since the notification was sent, and the office has not received an objection from any of those persons; and

(4) the applicant submits any other information required by the office as evidence of the applicant’s ownership or right to terminate the security interest, and the office has no credible information indicating theft, fraud, or an undisclosed or unsatisfied security interest, lien, or other claim to an interest in the vessel.

(b) The office may indicate in a certificate of title created under subsection (a) that the certificate was created without submission of a signed certificate or termination statement. Unless credible information indicating theft, fraud, or an undisclosed or unsatisfied security interest, lien, or other claim to an interest in the vessel is delivered to the office not later than one year after creation of the certificate, on request in a form and manner required by the office, the office shall remove the indication from the certificate.

(c) Before the office creates a certificate of title under subsection (a), the office may require the applicant to post a bond. The bond may not exceed twice the value of the vessel as determined by the office. The bond must be in form, amount, and term required by the office and provide for indemnification of any owner, purchaser, or other claimant for any expense, loss, delay, or damage, including reasonable attorney’s fees and costs, but not including incidental or consequential damages, resulting from creation or amendment of the certificate.

","history":"(Act 2022-144, §21.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31252,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30586,"codeId":55070,"versionId":48119,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-22","shortTitle":"Section 33-5B-22","catchLine":"Replacement Certificate of Title.","title":"Section 33-5B-22 Replacement Certificate of Title.","sectionRange":null,"content":"

(a) If a written certificate of title is lost, stolen, mutilated, destroyed, or otherwise becomes unavailable or illegible, the secured party of record or, if no secured party is indicated in the files of the office, the owner of record, may apply for and, by furnishing information satisfactory to the office, obtain a replacement certificate in the name of the owner of record.

(b) An applicant for a replacement certificate of title must sign the application, and, except as otherwise permitted by the office, the application must comply with Section 33-5B-7. The application must include the existing certificate unless the certificate is lost, stolen, mutilated, destroyed, or otherwise unavailable.

(c) A replacement certificate of title created by the office must comply with Section 33-5B-9 and indicate on the face of the certificate that it is a replacement certificate.

(d) If a person receiving a replacement certificate of title subsequently obtains possession of the original written certificate, the person promptly shall destroy the original certificate of title.

","history":"(Act 2022-144, §22.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31253,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30587,"codeId":55071,"versionId":48120,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-23","shortTitle":"Section 33-5B-23","catchLine":"Rights of Purchaser Other Than Secured Party.","title":"Section 33-5B-23 Rights of Purchaser Other Than Secured Party.","sectionRange":null,"content":"

(a) A buyer in ordinary course of business has the protections afforded by Sections 7-2-403(2) and 7-9A-320(a), even if an existing certificate of title was not signed and delivered to the buyer or a new certificate listing the buyer as owner of record was not created.

(b) Except as otherwise provided in Sections 33-5B-17 and 33-5B-24, the rights, with respect to a vessel, of a purchaser that is not a buyer in ordinary course of business are governed by Title 7.

","history":"(Act 2022-144, §23.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31254,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30588,"codeId":55072,"versionId":48121,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-24","shortTitle":"Section 33-5B-24","catchLine":"Rights of Secured Party.","title":"Section 33-5B-24 Rights of Secured Party.","sectionRange":null,"content":"

(a) Subject to subsection (b), the effect of perfection and nonperfection of a security interest and the priority of a perfected or unperfected security interest with respect to the rights of a purchaser or creditor, including a lien creditor, is governed by Title 7. For purposes of the application of the provisions of Title 7, lien creditor has the meaning provided by this chapter.

(b) If, while a security interest in a vessel is perfected by any method under this chapter, the office creates a certificate of title that does not indicate that the vessel is subject to the security interest or contain a statement that it may be subject to security interests not indicated on the certificate:

(1) a buyer of the vessel, other than a person in the business of selling or leasing vessels of that kind, takes free of the security interest if the buyer, acting in good faith and without knowledge of the security interest, gives value and receives possession of the vessel; and

(2) the security interest is subordinate to a conflicting security interest in the vessel that is perfected under Section 33-5B-15 after creation of the certificate and without the conflicting secured party’s knowledge of the security interest.

","history":"(Act 2022-144, §24.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31255,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30589,"codeId":55073,"versionId":48122,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-25","shortTitle":"Section 33-5B-25","catchLine":"Duties and Operation of Office.","title":"Section 33-5B-25 Duties and Operation of Office.","sectionRange":null,"content":"

(a) The office shall retain the evidence used to establish the accuracy of the information in its files relating to the current ownership of a vessel and the information on the certificate of title.

(b) The office shall retain in its files all information regarding a security interest in a vessel for at least 10 years after the office receives a termination statement regarding the security interest. The information must be accessible by the hull identification number for the vessel and any other methods provided by the office.

(c) If a person submits a record to the office, or submits information that is accepted by the office, and requests an acknowledgment of the filing or submission, the office shall send to the person an acknowledgment showing the hull identification number of the vessel to which the record or submission relates, the information in the filed record or submission, and the date and time the record was received or the submission accepted. A request under this section must contain the hull identification number and be delivered by means authorized by the office.

(d) The office shall send or otherwise make available in a record the following information to any person that requests it and pays the applicable fee:

(1) whether the files of the office indicate, as of a date and time specified by the office, but not a date earlier than three days before the office received the request, any certificate of title, security interest, termination statement, or title brand that relates to a vessel:

(A) identified by a hull identification number designated in the request;

(B) identified by a vessel number designated in the request; or

(C) owned by a person designated in the request;

(2) with respect to the vessel:

(A) the name and address of any owner as indicated in the files of the office or on the certificate of title;

(B) the name and address of any secured party as indicated in the files of the office or on the certificate, and the effective date of the information; and

(C) a copy of any termination statement indicated in the files of the office and the effective date of the termination statement; and

(3) with respect to the vessel, a copy of any certificate of origin, secured party transfer statement, transfer-by-law statement under Section 33-5B-20, and other evidence of previous or current transfers of ownership.

(e) In responding to a request under this section, the office may provide the requested information in any medium as determined by the office. On request, the office shall send the requested information in a record that is self-authenticating under Alabama Rule of Evidence 902(1).

","history":"(Act 2022-144, §25.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31256,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30590,"codeId":55074,"versionId":48123,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-26","shortTitle":"Section 33-5B-26","catchLine":"Fees.","title":"Section 33-5B-26 Fees.","sectionRange":null,"content":"

(a) There shall be a fee of twenty dollars ($20) to be collected by the office for processing and issuing the required documents and performing the other duties required by this chapter in connection with each of the following transactions:

(1) an application for a certificate of title;

(2) an application for a replacement certificate of title;

(3) an application for a transfer of ownership by operation of law using a transfer-by-law statement;

(4) an application for a transfer of ownership using a transfer statement;

(5) an application for a transfer of ownership without a certificate of title, transfer-by-law statement, or transfer statement; and

(6) a search request, including upon request the certification required by Section 33-5B-11(e).

(b) There shall be no fee for processing a termination statement or a statement merely providing the office with the name of a secured party’s assignee.

(c) Each county licensing official shall serve as an agent of the office for the purpose of receiving a document specified in subsection (a) or (b), collecting a fee as provided for by subsection (a) and forwarding the document and any fee to the office. A fee of five dollars ($5) shall be paid to the appropriate licensing official for a transaction specified in subsection (a) to be deposited in a separate fund maintained by the licensing official to be used in his or her sole discretion for any legal purpose in the operation of his or her office. There shall be no fee for a transaction specified in subsection (b).

(d) The office may designate as its agent a dealer or financial institution located in this state for the purpose of preparing an application for a certificate of title and collecting the fee provided for by subsection (a) and forwarding the application and fee to the office. An agent acting under this subsection may charge a fee of no more than five dollars ($5) for its services.

(e) The fees collected under this section shall be deposited in the State Treasury to the credit of the State General Fund after the appropriation provided to the office for the implementation and administration of this chapter.

","history":"(Act 2022-144, §26.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31257,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30591,"codeId":55075,"versionId":48124,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-27","shortTitle":"Section 33-5B-27","catchLine":"Uniformity of Application and Construction.","title":"Section 33-5B-27 Uniformity of Application and Construction.","sectionRange":null,"content":"

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

","history":"(Act 2022-144, §27.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31258,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30592,"codeId":55076,"versionId":48125,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-28","shortTitle":"Section 33-5B-28","catchLine":"Relation to Electronic Signatures in Global and National Commerce Act.","title":"Section 33-5B-28 Relation to Electronic Signatures in Global and National Commerce Act.","sectionRange":null,"content":"

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b).

","history":"(Act 2022-144, §28.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31259,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30593,"codeId":55077,"versionId":48126,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-29","shortTitle":"Section 33-5B-29","catchLine":"Effective Date; Transition Rules; Savings Clause.","title":"Section 33-5B-29 Effective Date; Transition Rules; Savings Clause.","sectionRange":null,"content":"

(a) This chapter takes effect on January 1, 2024.

(b) Except as provided in subsection (c), this chapter applies to any vessel for which this state is the state of principal use on or after January 1, 2024.

(c) Except as provided in subsection (d), the provisions of this chapter do not apply to a vessel as to which construction has been completed as of December 31, 2023.

(d) Notwithstanding subsection (c), the owner of a vessel that is 26 feet or more in length and to which subsection (b) applies may voluntarily apply for a certificate of title as provided in Section 33-5B-26, in which case the provisions of this chapter apply to the vessel for all purposes when the application for a certificate of title is delivered to the office and thereafter.

(e) The rights, duties, and interests flowing from a transaction, certificate of title, or record relating to a vessel which was validly entered into or created before the date the provisions of this chapter became applicable to the vessel and would be subject to this chapter if it had been entered into or created on or after the date the provisions of this chapter became applicable to the vessel, remain valid on and after the date the provisions of this chapter became applicable to the vessel.

(f) This chapter does not affect an action or proceeding commenced before the date the provisions of this chapter became applicable.

(g) Except as otherwise provided in subsection (i), a security interest in a vessel that is enforceable immediately before the date the provisions of this chapter became applicable to the vessel and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this chapter.

(h) A security interest in a vessel perfected immediately before the date the provisions of this chapter became applicable to the vessel remains perfected until the earlier of:

(1) the time perfection would have ceased under the law under which the security interest was perfected; or

(2) three years after the date the provisions of this chapter became applicable to the vessel.

(i) This chapter does not affect the priority of a security interest in a vessel if immediately before the date the provisions of this chapter became applicable to the vessel the security interest is enforceable and perfected, and that priority is established.

","history":"(Act 2022-144, §29.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31260,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30594,"codeId":55078,"versionId":48127,"parentId":55048,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-5B-30","shortTitle":"Section 33-5B-30","catchLine":"Rulemaking Authority.","title":"Section 33-5B-30 Rulemaking Authority.","sectionRange":null,"content":"

The Department of Revenue may adopt rules for the implementation and administration of this chapter.

","history":"(Act 2022-144, §30.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31261,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30595,"codeId":1243,"versionId":null,"parentId":33,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"6","shortTitle":"Chapter 6","catchLine":"Discharge of Litter and Sewage from Watercraft.","title":"Chapter 6 Discharge of Litter and Sewage from Watercraft.","sectionRange":"§33-6-1 to §33-6-12","content":null,"history":null,"numChildren":11,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31262,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30596,"codeId":1245,"versionId":921,"parentId":1243,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6-1","shortTitle":"Section 33-6-1","catchLine":"Definitions.","title":"Section 33-6-1 Definitions.","sectionRange":null,"content":"

For purposes of this chapter, the following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly requires a different meaning:

(1) WATERCRAFT. Any vessel or contrivance used or capable of being used for navigation or flotation upon water whether or not capable of self-propulsion, except passenger or cargo-carrying vessels which are subject to and are adequately controlled, in the opinion of the State Board of Health, in respect to discharge of sewage and litter, by a department or agency of the federal government.

(2) SEWAGE. All human body wastes.

(3) LITTER. Any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish or similar refuse discharged as no longer useful or useable.

(4) MARINE TOILET. Any toilet or device, including plastic or other kinds of bags or containers, on or within any watercraft for the purpose of discharging sewage.

(5) WATERS OF THIS STATE. All of the waters within this state on which watercraft are used or operated.

(6) PERSON. An individual, partnership, firm, corporation, association or other entity.

","history":"(Acts 1969, No. 769, p. 1368, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31263,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30597,"codeId":1249,"versionId":926,"parentId":1243,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6-3","shortTitle":"Section 33-6-3","catchLine":"Restrictions on Use of Marine Toilets.","title":"Section 33-6-3 Restrictions on Use of Marine Toilets.","sectionRange":null,"content":"

(a) No marine toilet on any watercraft used or operated upon waters of this state shall be operated so as to discharge any untreated sewage into said waters directly or indirectly.

(b) No person owning or operating a watercraft, manufactured subsequent to September 12, 1969, with a marine toilet, shall use, or permit the use of, such toilet on the waters of this state, unless the toilet is equipped with facilities that will adequately treat, hold, incinerate or otherwise handle sewage in a manner that is capable of preventing water pollution in accordance with rules and regulations adopted pursuant to this chapter.

(c) No container of sewage shall be placed, left, discharged or caused to be placed, left or discharged in or near any waters of this state by any person at any time.

","history":"(Acts 1969, No. 769, p. 1368, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31264,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30598,"codeId":1255,"versionId":930,"parentId":1243,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6-4","shortTitle":"Section 33-6-4","catchLine":"Rules, Regulations and Orders Generally - Adoption by Board of Health; Approval by Commissioner of Conservation and Natural Resources or Governor.","title":"Section 33-6-4 Rules, Regulations and Orders Generally - Adoption by Board of Health; Approval by Commissioner of Conservation and Natural Resources or Governor.","sectionRange":null,"content":"

THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY ACT 2002-59, EFFECTIVE OCTOBER 1, 2003.

","history":"(Acts 1969, No. 769, p. 1368, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31265,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30599,"codeId":1258,"versionId":933,"parentId":1243,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6-5","shortTitle":"Section 33-6-5","catchLine":"Rules, Regulations and Orders Generally - Contents; Compatibility of Marine Toilet Standards with Federal Standards.","title":"Section 33-6-5 Rules, Regulations and Orders Generally - Contents; Compatibility of Marine Toilet Standards with Federal Standards.","sectionRange":null,"content":"

THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY ACT 2002-59, EFFECTIVE OCTOBER 1, 2003.

","history":"(Acts 1969, No. 769, p. 1368, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31266,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30600,"codeId":1262,"versionId":937,"parentId":1243,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6-6","shortTitle":"Section 33-6-6","catchLine":"Marine Toilets to Be Certified and Approved by Board of Health.","title":"Section 33-6-6 Marine Toilets to Be Certified and Approved by Board of Health.","sectionRange":null,"content":"

THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY ACT 2002-59, EFFECTIVE OCTOBER 1, 2003.

","history":"(Acts 1969, No. 769, p. 1368, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31267,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30601,"codeId":1270,"versionId":943,"parentId":1243,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6-7","shortTitle":"Section 33-6-7","catchLine":"On-Shore Trash Receptacles at Marinas, Etc.","title":"Section 33-6-7 On-Shore Trash Receptacles at Marinas, Etc.","sectionRange":null,"content":"

The owner or whoever is lawfully vested with the possession, management and control of a marina or other waterside facility used by watercraft for launching, docking, mooring and related purposes shall be required to have trash receptacles or similar devices designed for the depositing of trash and refuse at locations where they can be conveniently used by watercraft occupants, and such trash and refuse shall be disposed of in accordance with rules and regulations adopted hereunder.

","history":"(Acts 1969, No. 769, p. 1368, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31268,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30602,"codeId":1275,"versionId":947,"parentId":1243,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6-8","shortTitle":"Section 33-6-8","catchLine":"Public Education Program.","title":"Section 33-6-8 Public Education Program.","sectionRange":null,"content":"

THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY ACT 2002-59, EFFECTIVE OCTOBER 1, 2003.

","history":"(Acts 1969, No. 769, p. 1368, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31269,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30603,"codeId":1279,"versionId":950,"parentId":1243,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6-9","shortTitle":"Section 33-6-9","catchLine":"Expenditures by Board of Health.","title":"Section 33-6-9 Expenditures by Board of Health.","sectionRange":null,"content":"

THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY ACT 2002-59, EFFECTIVE OCTOBER 1, 2003.

","history":"(Acts 1969, No. 769, p. 1368, §12.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31270,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30604,"codeId":1285,"versionId":43739,"parentId":1243,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6-10","shortTitle":"Section 33-6-10","catchLine":"Enforcement of Chapter, Rules, Etc.; Prosecutions Under Chapter; Violations and Penalties.","title":"Section 33-6-10 Enforcement of Chapter, Rules, Etc.; Prosecutions Under Chapter; Violations and Penalties.","sectionRange":null,"content":"

(a) This chapter and rules and orders adopted under this chapter shall be enforced by the State Board of Health and the State Department of Conservation and Natural Resources according to rules adopted by the board and department.

(b) Any person may complain under oath to a magistrate, district attorney, or grand jury concerning a violation of this chapter or of a rule adopted under this chapter and if a warrant is issued by the magistrate or district attorney, or indictment returned by a grand jury, the charge shall be tried in court to which the warrant is returnable, and the warrant may be made returnable to a district court or to the circuit court and the courts shall have original and concurrent jurisdiction of the offense, or if an indictment is returned, the circuit court shall have jurisdiction of the offense. Convicted persons may appeal as now provided by law. Whether criminal proceedings have been commenced or not, the state health officer may bring a civil action in the circuit court against the owner, operator, or person in charge of any vessel or watercraft to compel compliance with this chapter or the rules adopted under this chapter, and the circuit court shall have jurisdiction of the case.

(c) Any individual who discharges from any watercraft any sewage or litter into the waters of this state or any owner or operator of any watercraft who knowingly allows or permits discharge in violation of this chapter, or without a permit from the State Board of Health, when a permit is required, or if any person violates any rule or order adopted under this chapter, that person shall be guilty of a Class B misdemeanor and on conviction shall be punished pursuant to Section 13A-7-29, the criminal littering statute.

","history":"(Acts 1969, No. 769, p. 1368, §9; Act 2019-530, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31271,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30605,"codeId":1288,"versionId":955,"parentId":1243,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6-11","shortTitle":"Section 33-6-11","catchLine":"Disposition of Fines Under Chapter.","title":"Section 33-6-11 Disposition of Fines Under Chapter.","sectionRange":null,"content":"

All fines paid or collected hereunder shall be paid into the general fund of the state.

","history":"(Acts 1969, No. 769, p. 1368, §11.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31272,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30606,"codeId":1291,"versionId":957,"parentId":1243,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6-12","shortTitle":"Section 33-6-12","catchLine":"Applicability of Chapter, Rules, Regulations, Etc.; Conflicts with Other Regulations, Ordinances or Laws.","title":"Section 33-6-12 Applicability of Chapter, Rules, Regulations, Etc.; Conflicts with Other Regulations, Ordinances or Laws.","sectionRange":null,"content":"

This chapter and rules and regulations and orders hereunder shall be applicable in the entire state unless such rule, regulation or order is by its own terms restricted. Other regulations, ordinances or other laws when not in conflict with this chapter or rules, regulations or orders adopted hereunder may be enforced by agencies responsible for such enforcement, whether said regulations, ordinances or other laws are more or less restrictive on disposal of sewage or litter, but when in conflict, this chapter and the rules, regulations or orders adopted hereunder shall supersede and be applicable if said other regulations, ordinances or other laws are less restrictive than this chapter, rules, regulations or orders adopted hereunder.

","history":"(Acts 1969, No. 769, p. 1368, §10.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31273,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30607,"codeId":30767,"versionId":null,"parentId":33,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"6A","shortTitle":"Chapter 6A","catchLine":"Recreational Vessel and Residence Boat Seweage Discharges Regulated.","title":"Chapter 6A Recreational Vessel and Residence Boat Seweage Discharges Regulated.","sectionRange":"§33-6A-1 to §33-6A-9","content":null,"history":null,"numChildren":10,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31274,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30608,"codeId":30768,"versionId":25540,"parentId":30767,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6A-1","shortTitle":"Section 33-6A-1","catchLine":"Definitions.","title":"Section 33-6A-1 Definitions.","sectionRange":null,"content":"

For the purpose of this chapter, the following terms shall have the following meanings, unless the context clearly indicates otherwise:

(1) DEPARTMENT. The state Department of Conservation and Natural Resources.

(2) DISCHARGE. Includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping in state waters.

(3) MARINA. Any entity required to have a business license which is located on any waters of this state and which moors, docks, stores, or anchors vessels for periods of seven consecutive calendar days or longer for a fee.

(4) MARINE SANITATION DEVICE. Any equipment for installation on board a vessel, or a floating or over-the-water residence, which is designated to receive, retain, treat, or discharge sewage, and any process to treat such sewage except that marine sanitation device shall not be interpreted to include portable toilets of any type.

(5) RECREATIONAL VESSEL. Every description of watercraft or other artificial contrivance used primarily as a means of recreational transportation on the waters of this state. Such term shall exclude, without limitation, commercial watercraft such as a tow boat or commercial passenger carrying vessels.

(6) RESIDENCE BOAT. Any structure used primarily for habitation located on any waters in the state, floating or supported totally or partially on pilings.

(7) SEWAGE. Human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes, but does not include by-catch or bait discharge by fishermen, galley water, bath and shower water, or bilge water.

","history":"(Act 2002-59, p. 145, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31275,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30609,"codeId":30769,"versionId":25541,"parentId":30767,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6A-2","shortTitle":"Section 33-6A-2","catchLine":"Rules and Regulations.","title":"Section 33-6A-2 Rules and Regulations.","sectionRange":null,"content":"

The department shall be the agency of the state responsible for regulating recreational vessel and residence boat sewage discharges. The department is authorized to adopt rules and regulations or orders designed to control and regulate the discharge of sewage from recreational vessels and residence boats into the waters of this state.

","history":"(Act 2002-59, p. 145, §2.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31276,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30610,"codeId":30770,"versionId":25542,"parentId":30767,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6A-3","shortTitle":"Section 33-6A-3","catchLine":"Prohibited Activities.","title":"Section 33-6A-3 Prohibited Activities.","sectionRange":null,"content":"

(a) Discharge of untreated sewage is prohibited in all waters of this state.

(b) Recreational vessels with no installed marine sanitation device or approved sewage disposal system and residence boats are prohibited from discharging sewage in all state waters. Notwithstanding any provision of this chapter to the contrary, this chapter shall not be construed as prohibiting the disposal of sewage by a vessel or residence boat into a sewage disposal system constructed and operated according to law and approved by the Department of Public Health.

","history":"(Act 2002-59, p. 145, §3.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31277,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30611,"codeId":31920,"versionId":27043,"parentId":30767,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6A-3.1","shortTitle":"Section 33-6A-3.1","catchLine":"Use on Specified Lakes of Houseboats, Vessels of Large Size, and Vessels with Certain Speed Ratings.","title":"Section 33-6A-3.1 Use on Specified Lakes of Houseboats, Vessels of Large Size, and Vessels with Certain Speed Ratings.","sectionRange":null,"content":"

(a) The prohibitions in this section shall apply only to the following lakes: Lake Harris (Lake Wedowee), Lake Martin, and Weiss Lake.

(1) Except as authorized under subsection (d), beginning July 1, 2007, the use of houseboats shall be prohibited. The term houseboat shall include any residence boat as defined in subdivision (6) of Section 33-6A-1 or any recreational vessel that constitutes a fully equipped dwelling similar in content to a mobile home, with a marine sanitation device, galley, and sleeping quarters.

(2) Beginning October 1, 2006, the use of recreational vessels greater than 26 feet 11 inches in length and rated by the manufacturer for or capable of a top speed in excess of 60 miles an hour shall be prohibited.

(3) Except as authorized under subsection (d), beginning July 1, 2007, the use of recreational vessels greater than 30 feet 6 inches in length, as determined by the straight line distance between the ends of the boat, excluding bowsprits, outboard motor brackets, rudders, or other attachments, shall be prohibited.

(b) Vessels used for law enforcement, public safety, search and rescue, scientific research, or dam operation or maintenance or medical vessels shall be excluded from the prohibitions in this section.

(c) Sailboats equipped with a mast and sails that are dependent upon the wind for propulsion in the normal course of operation shall be excluded from the prohibitions in this section.

(d) The department shall adopt rules pursuant to the Alabama Administrative Procedure Act within six months of July 1, 2006, authorizing the use of vessels otherwise prohibited by this section in the following circumstances:

(1) Vessels needed for use on a temporary basis.

(2) Houseboats that were licensed and in use on July 1, 2006, provided, that they meet all applicable standards for sewage discharges, are moored at a marina or other facility with a certified pump-out station or other approved means of sewage disposal, and are inspected annually.

(3) Boats exceeding 30 feet 6 inches in length not to include any boat covered by subdivision (2) of subsection (a) that was licensed and in use or that was on site and available for sale at a marina located on one of the lakes referenced in subsection (a) on July 1, 2006.

(e) A permit issued under subsection (d) shall specify the lake where continued use of the vessel is authorized and shall not be transferable to any other lake referenced in subsection (a). Each permit issued under subsection (d) shall have a term of one year and shall be issued on or after the annual inspection of the vessel, if required. The department may charge and collect a fee sufficient to cover the reasonable anticipated costs for annual inspections and permit issuance under subsection (d).

","history":"(Act 2006-398, p. 1004, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31278,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30612,"codeId":30771,"versionId":25543,"parentId":30767,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6A-4","shortTitle":"Section 33-6A-4","catchLine":"Compliance with Federal Laws, Etc.","title":"Section 33-6A-4 Compliance with Federal Laws, Etc.","sectionRange":null,"content":"

Every recreational vessel and residence boat owner, operator, and occupant shall comply with United States Coast Guard or other federal laws and regulations pertaining to marine sanitation devices and with United States Environmental Protection Agency or other federal laws and regulations pertaining to areas in which the discharge of sewage, treated or untreated, is prohibited.

","history":"(Act 2002-59, p. 145, §4.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31279,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30613,"codeId":30772,"versionId":25544,"parentId":30767,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6A-5","shortTitle":"Section 33-6A-5","catchLine":"Pump-Out Stations at Marinas.","title":"Section 33-6A-5 Pump-Out Stations at Marinas.","sectionRange":null,"content":"

An owner, operator, employee, or agent of a marina which does not provide a pump-out station or other approved means of properly disposing of sewage from recreational vessels, shall not, except in the case of safety emergency, permit a recreational vessel with a Type III marine sanitation device to moor, anchor, dock, or be stored at the marina. The department may, in cooperation with the Alabama Department of Economic and Community Affairs, Department of Public Health, and the Alabama Department of Environmental Management, establish by regulation in accordance with the Alabama Administrative Procedure Act, a program for financial assistance to marina facilities for the establishment of pump-out stations or other approved means of disposing of sewage from such vessels.

","history":"(Act 2002-59, p. 145, §5.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31280,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30614,"codeId":30773,"versionId":25545,"parentId":30767,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6A-6","shortTitle":"Section 33-6A-6","catchLine":"Annual Inspection of Vessels; Decal; Citations; Fees.","title":"Section 33-6A-6 Annual Inspection of Vessels; Decal; Citations; Fees.","sectionRange":null,"content":"

Every recreational vessel required to be registered in Alabama or residence boat on the waters of this state having a marine sanitation device installed on board shall be inspected annually by the department in the county where the recreational vessel or residence boat is domiciled or located to assure that the recreational vessel or residence boat is in compliance with this chapter and department rules. When a recreational vessel or residence boat meets the requirements of the department, an annual inspection decal will be issued. This decal shall be placed on the port side of the hull of each recreational vessel and shall be placed on the residence boat in a position to be clearly visible from the water. The department may, at the request of a recreational vessel or residence boat owner and as part of an ongoing public educational program, conduct courtesy inspections of recreational vessels and residence boats for compliance with this chapter and may, in its sole discretion, provide warning citations under such circumstances as it deems appropriate. The department may, at the end of five years from October 1, 2003, establish by regulation, a reasonable fee not to exceed fifty dollars ($50) for the conduct of any mandatory annual inspections pertaining to this chapter, which fees shall be credited to the State Water Safety Fund.

","history":"(Act 2002-59, p. 145, §6.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31281,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30615,"codeId":30774,"versionId":25546,"parentId":30767,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6A-7","shortTitle":"Section 33-6A-7","catchLine":"Public Education Program.","title":"Section 33-6A-7 Public Education Program.","sectionRange":null,"content":"

The department is hereby authorized to undertake and to enlist the support and cooperation of all agencies, political subdivisions, and organizations in the conduct of a public education program designed to inform the public of the undesirability of depositing untreated sewage, trash, litter, and other materials in the waters of this state and of the penalties provided by this chapter for such action, and to use funds provided by the Legislature for this purpose. The department is further authorized to utilize all means of communication in the conduct of this program.

","history":"(Act 2002-59, p. 145, §7.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31282,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30616,"codeId":30775,"versionId":25547,"parentId":30767,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6A-8","shortTitle":"Section 33-6A-8","catchLine":"Violations.","title":"Section 33-6A-8 Violations.","sectionRange":null,"content":"

(a) Marine police officers or any duly sworn peace officer of the state may board and inspect a recreational vessel or residence boat for compliance with this chapter and department rules at any time if there is probable cause to believe that a violation of this chapter or department rules has occurred.

(b) Any person who violates this chapter or any rule adopted by the department pursuant to this chapter shall be guilty of a Class B misdemeanor and fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each violation; provided, however, that first-time offenders of any provision of this chapter or of any rule adopted pursuant to this chapter shall be given a warning citation providing a 90-day opportunity to comply with the provision, and in the event of the failure of the offender to comply within the 90-day period, the offender shall be cited for violating the provision.

","history":"(Act 2002-59, p. 145, §8.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31283,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30617,"codeId":30776,"versionId":25548,"parentId":30767,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-6A-9","shortTitle":"Section 33-6A-9","catchLine":"Disposition of Fines.","title":"Section 33-6A-9 Disposition of Fines.","sectionRange":null,"content":"

All fines paid or collected under this chapter shall be paid to the account of the State Water Safety Fund.

","history":"(Act 2002-59, p. 145, §9.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31284,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30618,"codeId":1298,"versionId":null,"parentId":33,"effectiveDate":null,"supersessionDate":null,"type":"Chapter","displayId":"7","shortTitle":"Chapter 7","catchLine":"Obstructing Navigation and Dams.","title":"Chapter 7 Obstructing Navigation and Dams.","sectionRange":"§33-7-1 to §33-7-74","content":null,"history":null,"numChildren":4,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31285,"hierarchyLevel":1,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30619,"codeId":1300,"versionId":null,"parentId":1298,"effectiveDate":null,"supersessionDate":null,"type":"Article","displayId":"1","shortTitle":"Article 1","catchLine":"In General.","title":"Article 1 In General.","sectionRange":"§33-7-1 to §33-7-13","content":null,"history":null,"numChildren":14,"isBranchNode":true,"isEmptyBranch":false,"isContentNode":false,"sortOrder":31286,"hierarchyLevel":2,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30620,"codeId":1304,"versionId":965,"parentId":1300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-7-1","shortTitle":"Section 33-7-1","catchLine":"Navigable Waters as Public Thoroughfares.","title":"Section 33-7-1 Navigable Waters as Public Thoroughfares.","sectionRange":null,"content":"

All navigable waters in this state are public thoroughfares.

","history":"(Code 1852, §1205; Code 1867, §1440; Code 1876, §1723; Code 1886, §1459; Code 1896, §2515; Code 1907, §6143; Code 1923, §10565; Code 1940, T. 38, §104.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31287,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30621,"codeId":1308,"versionId":970,"parentId":1300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-7-2","shortTitle":"Section 33-7-2","catchLine":"Opening and Cleaning Navigable Streams.","title":"Section 33-7-2 Opening and Cleaning Navigable Streams.","sectionRange":null,"content":"

The county commission is authorized to make contracts for opening or cleaning out any navigable stream within the county, and for keeping the same free from obstructions.

","history":"(Code 1852, §1206; Code 1867, §1441; Code 1876, §1724; Code 1886, §1460; Code 1896, §2516; Code 1907, §6144; Code 1923, §10566; Code 1940, T. 38, §105.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31288,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30622,"codeId":1315,"versionId":976,"parentId":1300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-7-3","shortTitle":"Section 33-7-3","catchLine":"Obstructing Navigable Watercourse.","title":"Section 33-7-3 Obstructing Navigable Watercourse.","sectionRange":null,"content":"

Any person who dams up or otherwise obstructs a navigable watercourse must, on conviction, be fined not less than $100.00 nor more than $1,000.00.

","history":"(Code 1876, §4254; Code 1886, §4136; Code 1896, §5402; Code 1907, §7864; Code 1923, §5599; Code 1940, T. 38, §107.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31289,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30623,"codeId":43998,"versionId":36176,"parentId":1300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-7-3.1","shortTitle":"Section 33-7-3.1","catchLine":"Obstructing Navigation on Public Waters.","title":"Section 33-7-3.1 Obstructing Navigation on Public Waters.","sectionRange":null,"content":"

(a) Any person who anchors, moors, or abandons a floating pier, barge, or vessel or sunken or submerged pier, barge, or vessel that obstructs navigation on a public water, as defined in subsection (a) of Section 9-11-80, shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) per day.

(b) This section does not apply to public waters used primarily for agricultural, industrial, power generation, public water supply, and sanitation purposes.

","history":"(Act 2013-348, p. 1247, §1.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31290,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"},{"id":30624,"codeId":1320,"versionId":982,"parentId":1300,"effectiveDate":null,"supersessionDate":null,"type":"Section","displayId":"33-7-4","shortTitle":"Section 33-7-4","catchLine":"Damages for Diverting Stream.","title":"Section 33-7-4 Damages for Diverting Stream.","sectionRange":null,"content":"

Any person diverting any stream, whether navigable or not, from its natural channel, is liable to any party aggrieved for the damages sustained.

","history":"(Code 1852, §1210; Code 1867, §1445; Code 1876, §1727; Code 1886, §1463; Code 1896, §2519; Code 1907, §6147; Code 1923, §10569; Code 1940, T. 38, §108.)","numChildren":0,"isBranchNode":false,"isEmptyBranch":false,"isContentNode":true,"sortOrder":31291,"hierarchyLevel":3,"createdAt":"2025-10-06T13:54:25.000Z","updatedAt":"2026-10-02T05:05:10.000Z"}]