Ala. Code § 33-8-3 — Alabama Code / Title 33 / Chapter 8 / Section 33-8-3
Section 33-8-3 Powers of Governor, Members of Authority, Compact Administrator and State Officers
Status: in_force

There is hereby granted to the Governor, to the members of the authority for Alabama and to the compact administrator all the powers provided for in said compact and in this chapter. All officers of the State of Alabama are hereby authorized and directed to do all things falling within their respective jurisdictions which are necessary or incidental to carrying out the purpose of said compact.
Ala. Code § 33-17-6 — Alabama Code / Title 33 / Chapter 17 / Section 33-17-6
Section 33-17-6 Members, Officers and Directors; Records of Proceedings
Status: in_force

The applicants named in the application and their respective successors in office shall constitute the members of the authority. The Governor shall be the president of the authority, the Lieutenant Governor shall be its vice-president, and the Director of Finance shall be its secretary. The State Treasurer shall be the treasurer of the authority and shall act as custodian of its funds, but he shall not be a member of the authority. The members of the authority shall constitute all the members of the board of directors of the authority, and any four members of the board of directors shall constitute a quorum for the transaction of business. Should any person holding any state office named in this section cease to hold office by reason of death, resignation of his term of office, or for any other reason, then his successor in office shall take his place as a member and officer of the authority.

Except as hereinafter provided, no member, officer or director of the authority shall receive any compensation in addition to that now authorized by law for any service they may render or for any duty they may perform in connection with the authority; provided, that the Lieutenant Governor and the Speaker of the House of Representatives shall receive for each day devoted to the business of the authority the same per diem compensation and allowance that would be paid to them for attending legislative sessions, but this special compensation and allowance shall not be allowed on days when the Lieutenant Governor and the Speaker of the House of Representatives are paid per diem compensation and allowance for attending legislative sessions. The herein provided for special compensation and allowance of the Lieutenant Governor and the Speaker of the House of Representatives shall be paid out of the moneys appropriated for the expenses of the Legislature in the same manner that the per diem compensation and allowance of legislators serving on interim committees are paid.

All proceedings had and done by the board of directors shall be reduced to writing by the secretary of the authority and recorded in a substantially bound book, which shall be kept in the office of the Secretary of State. Copies of such proceedings, when certified by the secretary of the authority, under the seal of the authority, shall be received in all courts as prima facie evidence of the matters and things therein certified.
Ala. Code § 33-5-36 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-36
Section 33-5-36 Warning Citations
Status: in_force

The secretary, by rule, may establish a system for issuing warning citations.
Ala. Code § 33-2-90 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-90
Section 33-2-90 Definitions
Status: in_force

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.
Ala. Code § 33-6A-6 — Alabama Code / Title 33 / Chapter 6A / Section 33-6A-6
Section 33-6A-6 Annual Inspection of Vessels; Decal; Citations; Fees
Status: in_force

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.
Ala. Code § 33-2-190 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-190
Section 33-2-190 Docks Facilities Revenue Bonds and Refunding Bonds - Defeasance
Status: in_force

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.
Ala. Code § 33-4-1 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-1
Section 33-4-1 Composition; Powers and Duties Generally
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026.

(a) There shall be a board of pilotage commissioners, to be known as the State Pilotage Commission, which shall consist of three voting members. One voting member shall be an official of a steamship company which maintains an office in Mobile, one voting member shall be an active bar pilot, licensed and branched by the State Pilotage Commission, and one voting member shall be a business person or a person engaged in a professional occupation licensed by the State of Alabama.

(b) An additional member, who shall serve in a nonvoting advisory capacity, may be appointed to the commission by the Governor from a list of nominations by the Chair of the Alabama State Port Authority. Any provision of Section 33-4-3 to the contrary notwithstanding, the advisory commissioner shall serve without reimbursement for expenses incurred on behalf of the commission and shall submit no commissioner’s fees.

(c) The membership of the commission shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state.

(d) The State Pilotage Commission shall have the powers and duties as are prescribed in this chapter and as may hereafter be prescribed by law.

(e) A quorum for the transaction of commission business shall be two voting members of the commission.
Ala. Code § 33-10-25 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-25
Section 33-10-25 Exemption from Taxation; Servicing of Bonds
Status: in_force

It is the intent of this chapter that the commission shall not be required to pay any taxes or assessments on any property acquired or used by it under the provisions of this chapter or upon the income therefrom, and any bonds issued hereunder shall be serviced from the income of said facility and shall be exempt from taxation by the State of Alabama, and by any municipal or political subdivision of the state.
Ala. Code § 33-4A-32 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-32
Section 33-4A-32 Penalty for Acting Without License
Status: in_force

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.
Ala. Code § 33-5B-4 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-4
Section 33-5B-4 Supplemental Principles of Law and Equity
Status: in_force

Unless displaced by a provision of this chapter, the principles of law and equity supplement its provisions.
Ala. Code § 33-5B-19 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-19
Section 33-5B-19 Transfer of Ownership by Secured Party’s Transfer Statement
Status: in_force

(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.
Ala. Code § 33-10-3 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-3
Section 33-10-3 Composition; Appointment, Qualifications, Terms and Removal of Members; Vacancies; Officers Generally
Status: in_force

The commission shall be composed of the Governor, who shall serve as an ex officio member, and a board of commissioners consisting of five members chosen on the basis of their demonstrated experience in civic leadership and their stature and ability to act effectively for the best interests of the State of Alabama. All commissioners shall be appointed by the Governor. Each of the five commissioners shall serve a five-year term, except for the initial appointees. The first five appointments shall be for terms as follows: One member for one year, two for two years and two for three years. All vacancies shall be filled by the Governor for the unexpired term in the same manner as the appointments are originally made. A commissioner may be removed by the Governor for just cause. The Governor shall designate one member of the commission to serve as chairman and another to serve as vice-chairman. Any vacancy in the office of chairman or vice-chairman shall be filled for the unexpired term in the manner provided for the original appointment or selection. The commission may select other officers as are appropriate for the fulfillment of the commission’s activities.
Ala. Code § 33-5-56 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-56
Section 33-5-56 Certification to Bear Distinguishing Identification Information; Fees; Notification on Motor Vehicle Driver or Learner License
Status: in_force

(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.”
Ala. Code § 33-16-13 — Alabama Code / Title 33 / Chapter 16 / Section 33-16-13
Section 33-16-13 Bonds - Disposition of Proceeds; Investments
Status: in_force

The authority shall pay out of the proceeds from the sale of any of the bonds all expenses which the board of directors may deem necessary or advantageous in connection with the sale and issuance of the bonds. The proceeds from the sale of all bonds, other than refunding bonds, remaining after paying the expenses of their sale and issuance shall be turned in to the State Treasury, shall be carried in a special fund to be designated the Coosa Valley Development Authority fund, and shall be subject to be drawn on by the authority, upon approval by the Governor, but solely for the purpose of discharging the duties and obligations undertaken by the authority in connection with the waterway project. The proceeds from the sale of any refunding bonds remaining after the expense of their issuance shall be used only for the purpose of refunding the principal of outstanding bonds issued hereunder and of paying any premium that may be necessary to be paid in order to redeem or retire the bonds to be refunded.

Any portion of the proceeds derived from the sale of any of the bonds which the board of directors of the authority may determine is not then needed for any of the purposes for which the bonds are authorized to be issued shall, on order of the authority, be invested by the State Treasurer in any securities that are direct general obligations of the United States or the principal of and interest on which are unconditionally and irrevocably guaranteed by the United States. Any such securities may, at any time and from time to time, on order of the authority, be sold or otherwise converted by the State Treasurer into cash. The income derived from any such investments shall be added to and treated as a part of the Coosa Valley Development Authority Fund.
Ala. Code § 33-10-14 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-14
Section 33-10-14 Powers and Duties Generally
Status: in_force

The commission shall formulate general policy to govern the agency and its activities. The commission has the powers and duties specifically prescribed by this chapter and all other powers necessary or convenient to carry out its responsibilities.
Ala. Code § 33-2-71 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-71
Section 33-2-71 Application of Revenues from Inland Waterways Facilities
Status: in_force

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.
Ala. Code § 33-5-11 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-11
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
Status: in_force

(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.
Ala. Code § 33-2-124 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-124
Section 33-2-124 How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings
Status: in_force

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.
Ala. Code § 33-2-131 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-131
Section 33-2-131 Refunding Bonds and Investments
Status: in_force

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.
Ala. Code § 33-7-31 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-31
Section 33-7-31 Eminent Domain; Improvement of Navigation
Status: in_force

Any such person, firm or corporation may exercise the power of eminent domain, for the purpose of acquiring such lands as it may be necessary or convenient to flood or otherwise utilize in order to improve navigation as provided in this article, such lands to include as well as all the area submerged a strip of land 50 feet in width bordering upon the margins of the slack water pool or pools as the same may be defined at the highest stage of the river at any time after the completion of the improvements herein provided for; and the right hereby conferred to exercise such power of eminent domain is cumulative. No person, firm or corporation shall acquire the rights granted by this article, unless the dam or system of dams, and lock or system of locks, to be constructed by such person, firm or corporation are so planned as, when constructed, will by the operation thereof improve the navigation of the river in which the dam or system of dams, lock or system of locks, are to be built, and will develop the full power of such river over the length of same upon which navigation is to be improved, as provided in this article. Such person, firm or corporation shall commence work upon said dam or system of dams, lock or system of locks, within five years from the date of securing the consent of the federal government to do so, and shall complete the same within the time prescribed by the United States government. No foreign corporation shall acquire the rights granted under this article until it has complied with the laws of Alabama with reference to foreign corporations.
Ala. Code § 33-6-3 — Alabama Code / Title 33 / Chapter 6 / Section 33-6-3
Section 33-6-3 Restrictions on Use of Marine Toilets
Status: in_force

(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.
Ala. Code § 33-12-3 — Alabama Code / Title 33 / Chapter 12 / Section 33-12-3
Section 33-12-3 Procedure for Incorporation
Status: in_force

To become a corporation, the members of the board of the agency shall present to the Secretary of State an application signed by them which shall set forth:

(1) The name, official designation and official residence of each of the applicants, together with a certified copy of the resolution, order or commission evidencing his right to office;

(2) The term of office of each of the applicants;

(3) The name of the proposed corporation;

(4) The location of the principal office of the proposed corporation; and

(5) Any other matter relating to the incorporation which the applicants may choose to insert and which is not inconsistent with this chapter or the laws of the State of Alabama.

The applications shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of this state to take acknowledgements to deeds. The Secretary of State shall examine the application presented to him, and, if he finds that it substantially complies with the requirements of this section, he shall receive and file it and record it in an appropriate book of records in his office. When the application has been made, filed and recorded as herein provided, the applicants shall constitute a corporation under the name proposed in the application, and the secretary of state shall make and issue to the applicants a certificate of incorporation pursuant to this chapter, and shall record the certificate with the application. There shall be no fees paid to the Secretary of State for any work done in connection with the incorporation above provided for.
Ala. Code § 33-2-132 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-132
Section 33-2-132 Separate Records as to Each Unit of Development
Status: in_force

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.
Ala. Code § 33-4A-30 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-30
Section 33-4A-30 Suspension or Revocation of License - Conduct of Hearings
Status: in_force

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.
Ala. Code § 33-17-3 — Alabama Code / Title 33 / Chapter 17 / Section 33-17-3
Section 33-17-3 Authorization to Form Public Corporation
Status: in_force

The Governor, the Lieutenant Governor, the Speaker of the House of Representatives of the State Legislature, the Director of Finance, the Highway Director and the Director of the State Docks Department may become a public corporation, with the powers hereinafter provided, by proceeding according to the provisions of Section 33-17-4.
Ala. Code § 33-1-4 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-4
Section 33-1-4 Assistant Directors
Status: reserved

Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000.
Ala. Code § 33-2-154 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-154
Section 33-2-154 How Property and Rights-of-Way May Be Acquired; Eminent Domain Proceedings
Status: in_force

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.
Ala. Code § 33-2-127 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-127
Section 33-2-127 Requirements for Sale of Bonds
Status: in_force

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.
Ala. Code § 33-1-20 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-20
Section 33-1-20 Exchange of Property and Relocation of Buildings, Etc
Status: in_force

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.
Ala. Code § 33-4A-21 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-21
Section 33-4A-21 Examination and Certification
Status: in_force

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.
Ala. Code § 33-4A-14 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-14
Section 33-4A-14 Civil Actions to Recover Forfeitures
Status: in_force

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.
Ala. Code § 33-1-11 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-11
Section 33-1-11 Jurisdiction
Status: in_force

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.
Ala. Code § 33-2-9 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-9
Section 33-2-9 Application of Proceeds of Facilities; Payment of Deficiency Where Proceeds Are Insufficient to Cover Expenses
Status: in_force

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.
Ala. Code § 33-15-11 — Alabama Code / Title 33 / Chapter 15 / Section 33-15-11
Section 33-15-11 Bonds and Other Obligations - Use of Proceeds from Sale of Bonds
Status: in_force

All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the same are authorized and any costs and expenses incidental thereto. Such costs and expenses may include but shall not be limited to

(1) The fiscal, engineering, legal and other expenses incurred in connection with the issuance of the bonds,

(2) In the case of bonds issued to pay costs of construction, interest on such bonds (or, if a part only of any series of bonds is issued for construction purposes, interest on that portion of the bonds of that series that is issued to pay construction costs) prior to and during such construction and for not exceeding one year after completion of such construction, and

(3) In the case of bonds issued for the purpose of refunding principal and interest, or either, with respect to bonds issued or obligations assumed by the authority, any premium that it may be necessary to pay in order to redeem or retire the bonds or other obligations to be refunded.
Ala. Code § 33-4-45 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-45
Section 33-4-45 Revocation or Suspension of License for Cause - Hearings; Decision of Commission
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026.

Such hearing shall be conducted under such rules and regulations as the commission may from time to time establish. The commission shall hear the testimony of the witnesses and may administer oaths to such witnesses, and false swearing, after the administration of such oath by such commission, shall constitute perjury under the laws of this state.

Said pilot may be represented by counsel at such 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 said commission.

The said hearing may be adjourned from time to time as the commission may direct, but no pilot shall be suspended until the final hearing by the commission.
Ala. Code § 33-2-125 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-125
Section 33-2-125 Department May Contract Current Indebtedness
Status: in_force

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.
Ala. Code § 33-4-47 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-47
Section 33-4-47 Penalty for Acting Without License
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. 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 the provisions of 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 State Pilotage Commission, is guilty of a misdemeanor and is entitled to no fee or reward for such services and, upon conviction of such misdemeanor, shall be fined not less than $50.00 and not more than $500.00 for each offense and shall be sentenced to hard labor for the county for a period of not less than 30 days and not more than 60 days.
Ala. Code § 33-10-10 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-10
Section 33-10-10 Compensation of Employees
Status: in_force

Employees of the commission are entitled to compensation as provided by the commission.
Ala. Code § 33-5B-18 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-18
Section 33-5B-18 Effect of Missing or Incorrect Information
Status: in_force

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.
Ala. Code § 33-5-15 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-15
Section 33-5-15 Certificates of Registration and Numbers Generally - Foreign Vessels; Change of Ownership
Status: in_force

(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.
Ala. Code § 33-5-65 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-65
Section 33-5-65 Reinstatement of Certification Following Cancellation, Suspension, or Revocation
Status: in_force

(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.
Ala. Code § 33-2-192 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-192
Section 33-2-192 Docks Facilities Revenue Bonds and Refunding Bonds - Pledge
Status: in_force

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.
Ala. Code § 33-9-2 — Alabama Code / Title 33 / Chapter 9 / Section 33-9-2
Section 33-9-2 Authorization; Provisions
Status: in_force

The Governor, on behalf of this state, is hereby authorized to execute a compact, in substantially the form as provided hereinafter, with the State of Mississippi:

Article I. The purpose of this compact is to promote the development of a deep draft harbor and terminal to be located on the continental shelf of the United States, in the Gulf of Mexico, and to establish a joint interstate authority to assist in this effort.

Article II. The states which are parties to this compact (hereinafter referred to as “party states”) do hereby establish and create a joint agency which shall be known as the Ameraport Deep Draft Harbor and Terminal Authority (hereinafter referred to as the “authority”). The membership of which authority shall consist of the Governor of each party state and five other citizens of each party state, to be appointed by the Governor thereof. Each appointive member of the authority shall be a citizen of that state who is interested in the promotion and development of deep draft harbor and terminals, and in the economic and industrial development of the south and its sister states. The appointive members of the authority shall serve for terms of four years each. Vacancies on the authority shall be filled by appointment by the Governor for the unexpired portion of the term. The members of the authority shall not be compensated, but each shall be entitled to actual expenses incurred in attending meetings, or incurred otherwise in the performance of his duties as a member of the authority. The members of the authority shall hold regular quarterly meetings and such special meetings as its business may require. They shall choose annually a chairman and vice-chairman from among their members, and the chairmanship shall rotate each year among the party states in order of their acceptance of this compact. The secretary of the authority (hereinafter provided for) shall notify each member in writing of all meetings of the authority in such a manner and under such rules and regulations as the authority may prescribe. The authority shall adopt rules and regulations for the transaction of its business; and the secretary shall keep a record of all its business and shall furnish a copy thereof to each member of the authority. It shall be the duty of the authority, in general, to promote, encourage and coordinate efforts of the party states to secure the development of a deep draft harbor and terminal. Toward this end, the authority shall have power to hold hearings; to conduct studies and surveys of all problems, benefits and other matters associated with the development of a deep draft harbor and terminal, and to make reports thereon; to acquire, by gift or otherwise, and hold and dispose of such money and property as may be provided for the proper performance of their function; to cooperate with other public or private groups, whether local, state, regional or national, having an interest in the development of deep draft harbors and terminals; to formulate and execute plans and policies for emphasizing the purpose of this compact before the congress of the United States and other appropriate offices and agencies of the United States; and to exercise such other powers as may be appropriate to enable it to accomplish its functions and duties in connection with the development of a deep draft harbor and terminal and to carry out the purposes of this compact.

Article III. The authority shall appoint an executive secretary, who shall be the compact administrator. His term of office shall be at the pleasure of the authority and he shall receive such compensation as the authority shall prescribe. He shall maintain custody of the authority’s books, records and papers, which he shall keep at the office of the authority, and he shall perform all functions and duties, and exercise all powers and authorities, that may be delegated to him by the authority.

Article IV. Each party state agrees that, when authorized by its Legislature, it will from time to time make available and pay over to the authority such funds as may be required for the establishment and operation of the authority. The contribution of each party state shall be equally shared.

Article V. Nothing in this compact shall be construed so as to conflict with any existing statute, or to limit the powers of any party state, or to repeal or prevent legislation, or to authorize or permit curtailment or diminution of any other harbor or terminal project, or to affect any existing or future cooperative arrangement or relationship between any federal agency and a party state.

Article VI. This compact shall continue in force and remain binding upon each party state until the Legislature or Governor of each or either state takes action to withdraw therefrom; provided that such withdrawal shall not become effective until six months after the date of the action taken by the Legislature or Governor. Notice of such action shall be given to the other party state or states by the secretary of state of the party state which takes such action.

Article VII. There is hereby granted to the Governor, to the members of the authority for Alabama and to the compact administrator all the powers provided for in said compact and in this chapter. All officers of the State of Alabama are hereby authorized and directed to do all things falling within their respective jurisdictions which are necessary or incidental to carrying out the purposes of said compact. The members of the authority appointed by the Governor of the State of Alabama under the provisions of Article II of the compact shall be with the advice and consent of the State Senate of Alabama.

Article VIII. The provisions of this compact are severable. If any part of the compact is declared invalid or unconstitutional, such declaration shall not affect the part which remains.

Article IX. This compact shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.
Ala. Code § 33-5-64 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-64
Section 33-5-64 Duplicates for Lost or Destroyed Certifications; Fees
Status: in_force

(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.
Ala. Code § 33-2-10 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-10
Section 33-2-10 Cost of Each Unit to Be Ascertained, Etc.; Sinking Fund
Status: in_force

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.
Ala. Code § 33-7-7 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-7
Section 33-7-7 Turning Logs, Timber or Lumber Out of Boom Without Notice to Owner
Status: in_force

Any person owning or controlling any boom in any navigable watercourse who turns adrift any logs, timber or lumber caught in such boom without giving the owner of such logs, timber or lumber five days’ notice of his intention to do so must, on conviction, be fined not less than $100.00 nor more than $1,000.00.
Ala. Code § 33-15-17 — Alabama Code / Title 33 / Chapter 15 / Section 33-15-17
Section 33-15-17 Cooperation of State Agencies
Status: in_force

All agencies of the state are hereby authorized and directed to extend their cooperation and lend assistance to the authority in the formulation and implementation of its development program.
Ala. Code § 33-4A-27 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-27
Section 33-4A-27 Suspension or Revocation of License - Notice; Hearing
Status: in_force

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.
Ala. Code § 33-16-2 — Alabama Code / Title 33 / Chapter 16 / Section 33-16-2
Section 33-16-2 Legislative Intent; Construction of Chapter
Status: in_force

The Legislature hereby makes the findings of facts and declaration of intent hereinafter set forth in this section. The construction of a navigable waterway between Montgomery and Gadsden and to the Alabama-Georgia boundary, utilizing the channel of the Coosa River, would provide a new transportation route of great importance and would stimulate the development of commerce, agriculture and industry in many sections of the state. It is the intention of the Legislature by the passage of this chapter to implement the provisions of Amendment No. 287 of the Constitution of Alabama. In order to further the developments herein found to be beneficial, it is the intention of the Legislature to authorize the formation of a public corporation for the following purposes:

(1) To cooperate with the United States, the State of Alabama, other participating states, counties and municipalities, with all agencies, departments and instrumentalities of such political entities, and with private individuals, corporations, associations and other persons in furthering the development of the waterway project;

(2) To undertake all obligations and perform all actions that shall be necessary to fulfill the requirements of local contribution, participation and cooperation now, or hereafter, established by the United States in connection with the waterway project;

(3) To cooperate generally with the United States, the State of Alabama, other participating states, counties and municipalities, with all agencies, departments and instrumentalities of such political entities, in promoting projects in the basin of the Coosa River for navigation, water conservation and supply, flood control, irrigation, industrial development, public recreation and related purposes.

It is further the intention of the Legislature to authorize the issuance of general obligation bonds of the state herein provided for and to empower the said public corporation to supervise the sale of the said bonds and to expend the proceeds of the said bonds in discharging the duties and obligations which the said public corporation is authorized by this chapter to undertake. Nothing herein is intended to authorize such public corporation to engage in or finance, directly or indirectly, the production, transmission, distribution or sale of electric power or to acquire by purchase, license, lease, condemnation or otherwise a hydroelectric project, or any part thereof, now or hereafter licensed by the federal power commission under the Federal Power Act of June 10, 1920, Public Law No. 280, 66th Congress, 2nd Session, and amendments thereto. Likewise nothing herein is intended to authorize such public corporation to engage in or finance, directly or indirectly, the organization or operation of any irrigation district or similar irrigation authority.

This chapter shall be liberally construed in conformity with its purpose.
Ala. Code § 33-5B-23 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-23
Section 33-5B-23 Rights of Purchaser Other Than Secured Party
Status: in_force

(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.
Ala. Code § 33-1-35 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-35
Section 33-1-35 Depositing Substance That Will Form Obstruction to Navigation
Status: in_force

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.
Ala. Code § 33-4-31 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-31
Section 33-4-31 Qualifications; Age Limitations for Apprentices
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026.

(a) In order to prevent delays in the apprenticeship and branching of bar pilots, the commission shall when necessary maintain a register of applicants containing no more than nine applicants for apprenticeship, who must be not less than 18 years of age.

(b) Applicants for apprenticeship from the register of applicants will be considered by the commission for apprenticeship in order of their seniority which shall be based upon 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, which requirements are set out in subdivisions (2), (3) and (5) of Section 33-4-34.

(c) No person may commence his or her apprenticeship unless the commission finds that (i) the applicant meets all statutory requirements for apprenticeship required by subsection b above, and (ii) there is a need for an apprentice.

(d) An apprentice must, in order to complete the apprenticeship, (i) complete, to the satisfaction of the commission, at least six months as an apprentice pilot or (ii) make, to the satisfaction of the commission, at least 50 round trips with a branched pilot on vessels in Mobile Bay which are subject to the statutory requirement of compulsory pilotage, whichever first occurs.

(e) No person may be selected for apprenticeship prior to his or her twenty-first birthday.
Ala. Code § 33-10-19 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-19
Section 33-10-19 Lease of State Lands; Petroleum and Commodity Terminal; Compensation of Oyster Lessees
Status: in_force

The commission may lease or sublease lands leased from the State of Alabama and is authorized to negotiate and enter contracts or agreements with any public or private individual or corporation for the construction and operation of a petroleum and commodity terminal as an interstate common carrier. In the event of the acquisition or use of any state-owned waterbottoms on which there has been granted an oyster lease the private oyster lessee shall be reimbursed by the commission for the actual market value of said lease. In the event of expropriation, the compensation to be paid shall be the actual market value of the property at the time of taking.
Ala. Code § 33-2-210 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-210
Section 33-2-210 Creation and Funding of Alabama State Docks Facilities Contingency Trust Fund
Status: in_force

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.
Ala. Code § 33-5A-3 — Alabama Code / Title 33 / Chapter 5A / Section 33-5A-3
Section 33-5A-3 Duty
Status: in_force

(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.
Ala. Code § 33-7-53 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-53
Section 33-7-53 Development and Relief Work Upon and Abutting on Tidelands
Status: in_force

In order to encourage the building of bridges, causeways and other development work and relief work, the owner of any lands in the State of Alabama abutting on tidelands, the title to which or control of which may now or hereafter be vested in the State of Alabama, which shall not have been improved by or under valid public authority and shall not be otherwise devoted to public use, shall be authorized to acquire such tidelands and to fill, reclaim or otherwise improve same and to fill in, reclaim or otherwise improve the abutting submerged land and to own, use, mortgage and convey the lands so reclaimed, filled or improved, and any improvements thereon, under and subject to the conditions and approval herein stated.

Any such improvement shall conform to any harbor line established at the time of such improvement by state or federal authority having jurisdiction over such matters, or if not then already established, same shall conform to any harbor line stipulated by any such authority having jurisdiction on application by such riparian owner.

If such land shall be used for a bridge, road or causeway over navigable waters, or for bridgehead or approach thereto or for terminal facilities, depots, storage or sale yards, stores, warehouses or wharves abutting on such bridge or road or causeway, the plans for such bridge, road or causeway shall be approved by the United States engineer officers or other federal authority having jurisdiction, and by the director of the State Docks Department and the Governor of Alabama, and when so approved and when improved pursuant to such approval the title to the said lands and the entire improvements thereon shall vest in such riparian owner without further approval when the bridge, road or causeway shall be constructed pursuant to the plans so approved.

If such improvement constructed or proposed shall not consist of a bridge, bridgehead, road or causeway, approach or related improvement included within this section, title shall not pass to the riparian owner making or proposing such improvement unless and until the riparian owner shall have obtained the approval of the county commission of the county in which the land is situated, and of the director of the State Docks Department and the Governor of Alabama, on application of such owner made after publication of 10 days’ notice thereof by a single publication in a newspaper published in the county in which the land is situated and shall have filed for record in the county a certificate of such approval executed and acknowledged by the presiding officer of said respective authorities.
Ala. Code § 33-2-151 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-151
Section 33-2-151 Facilities at Additional Cost of $10,000,000.00 Authorized
Status: in_force

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.
Ala. Code § 33-5-59 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-59
Section 33-5-59 Display of Certification Required
Status: in_force

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.
Ala. Code § 33-2-161 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-161
Section 33-2-161 Refunding Bonds and Investments
Status: in_force

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.
Ala. Code § 33-10-11 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-11
Section 33-10-11 Rules
Status: in_force

After proper notice and hearing, the commission shall adopt rules for its operations and to carry out its powers, duties and responsibilities.
Ala. Code § 33-2-42 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-42
Section 33-2-42 Rates and Charges for Use of Facilities
Status: in_force

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.
Ala. Code § 33-1-8 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-8
Section 33-1-8 Board of Directors
Status: in_force

(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.
Ala. Code § 33-3-4 — Alabama Code / Title 33 / Chapter 3 / Section 33-3-4
Section 33-3-4 Harbor Master and Deputy Harbor Masters - Appointment; Duties
Status: in_force

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.
Ala. Code § 33-2-160 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-160
Section 33-2-160 Application of Revenues from Inland Facilities
Status: in_force

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.
Ala. Code § 33-15-8 — Alabama Code / Title 33 / Chapter 15 / Section 33-15-8
Section 33-15-8 Bonds and Other Obligations - Generally
Status: in_force

All bonds issued by the authority shall be signed by the chairman of its board of directors and attested by its secretary-treasurer, and the seal of the authority shall be affixed thereto, and any interest coupons applicable to the bonds of the authority shall be signed by the said chairman; provided, that a facsimile of the signature of one, but not both, of said officers may be printed or otherwise reproduced on any such bonds in lieu of his manually signing the same, a facsimile of the seal of the authority may be printed or otherwise reproduced on any such bonds in lieu of being manually affixed thereto and a facsimile of the signature of the chairman of its board of directors may be printed or otherwise reproduced on any such interest coupons in lieu of his manually signing the same. Any such bonds may be executed and delivered by the authority at any time and from time to time, shall be in such form and denominations and of such tenor and maturities, shall contain such provisions not inconsistent with the provisions of this chapter, and shall bear such rate or rates of interest, payable and evidenced in such manner, as may be provided by resolution of the board. Bonds of the authority may be sold at either public or private sale in such manner and at such price or prices and at such time or times as may be determined by the board to be most advantageous. The principal of and interest on any bonds and other securities issued or obligations assumed by the authority may thereafter at any time (whether before, at or after maturity of any such principal and whether at, after or not exceeding six months prior to the maturity of any such interest) and from time to time be refunded by the issuance of refunding bonds of the authority, which may be sold by the authority at public or private sale at such price or prices as may be determined by the board to be most advantageous or which may be exchanged for the bonds or other obligations to be refunded. The authority may pay all expenses, premiums and commissions which the board may deem necessary and advantageous in connection with any financing done by it. All bonds issued by the authority shall be construed to be negotiable instruments although payable solely from a specified source. All obligations created or assumed and all bonds issued by the authority shall be solely and exclusively an obligation of the authority and shall not create an obligation or debt of any county or municipality; provided, that the provisions of this sentence shall not be construed to release the original obligor from liability on any bond or other obligation assumed by the authority. All bonds issued by the authority shall be limited or special obligations of the authority payable solely out of the revenues of the authority specified in the proceedings authorizing those bonds. Any such proceedings may provide that the bonds therein authorized shall be payable solely out the revenues derived from the operation of all facilities owned by the authority, or solely out of the revenues from the operation of any part of such facilities, regardless of the fact that those bonds may have been issued with respect to or for the benefit of only certain particular facilities and other property of the authority. The authority may pledge for the payment of any of its bonds the revenues from which such bonds are payable and may execute and deliver a trust indenture evidencing any such pledge or a mortgage and deed of trust conveying as security for such bonds the facilities and other property, or any part thereof, the revenues or any part of the revenues from which are so pledged. Any mortgage and deed of trust or trust indenture made by the authority may contain such agreements as the board of directors may deem advisable respecting the operation and maintenance of the property and the use of the revenues subject to such mortgage and deed of trust or affected by such trust indenture and respecting the rights, duties and remedies of the parties to any such instrument and the parties for the benefit of whom such instrument is made; provided, that no such instrument shall be subject to foreclosure.
Ala. Code § 33-2-18 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-18
Section 33-2-18 Article Cumulative; Legislative Intent
Status: in_force

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.
Ala. Code § 33-10-1 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-1
Section 33-10-1 Definitions
Status: in_force

In this chapter, these terms shall have the following meanings, unless the context clearly indicates otherwise:

(1) DEEP DRAFT HARBOR OR TERMINAL. A structure, series of structures or facility of any type located on the continental shelf off the coast, within or without the State of Alabama, and designed to accommodate deep draft vessels carrying petroleum products whose draft is often greater than the depths of United States harbors and waterways commonly used by oceangoing traffic, and such term includes all functionally related structures and facilities which are necessary or useful to the operation of the terminal whether landward or seaward of the main structure or facility. Such structures may be or include a “single-buoy mooring terminal” system, or a “mono-buoy system.”

(2) COMMISSION. The Ameraport Offshore Harbor and Terminal Commission.

(3) EXECUTIVE DIRECTOR. The Executive Director of the Ameraport Offshore Harbor and Terminal Commission.
Ala. Code § 33-2-157 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-157
Section 33-2-157 Requirements for Sale of Bonds
Status: in_force

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.
Ala. Code § 33-6A-9 — Alabama Code / Title 33 / Chapter 6A / Section 33-6A-9
Section 33-6A-9 Disposition of Fines
Status: in_force

All fines paid or collected under this chapter shall be paid to the account of the State Water Safety Fund.
Ala. Code § 33-7-12 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-12
Section 33-7-12 Mobile Harbor - Master of Vessel Drawing More Than 12 Feet Passing Channel Without Permit, Etc
Status: in_force

Any master or person in charge of any vessel drawing more than 12 feet of water which may enter into the dredged channel between the upper limits of the Port of Mobile and the outer bar of the Bay or Harbor of Mobile without a permit from the harbor master, or in violation of the rules and regulations of the State Pilotage Commission of the Port and Harbor of Mobile, is liable to indictment in the circuit court of Mobile County or any other court of competent jurisdiction, and shall, on conviction, be fined not more than $10,000.00, and may also be imprisoned in the penitentiary for not more than 10 years.
Ala. Code § 33-2-69 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-69
Section 33-2-69 Disposition of Proceeds from Sale of Bonds
Status: in_force

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.
Ala. Code § 33-2-187 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-187
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
Status: in_force

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.
Ala. Code § 33-2-72 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-72
Section 33-2-72 Refunding Bonds
Status: in_force

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.
Ala. Code § 33-16-8 — Alabama Code / Title 33 / Chapter 16 / Section 33-16-8
Section 33-16-8 Powers Enumerated
Status: in_force

The authority shall have the following powers:

(1) To have succession by its corporate name without time limit;

(2) To bring civil actions and have civil actions brought against it and to prosecute and defend in any court having jurisdiction of the subject matter and of the parties;

(3) To have and to use a corporate seal and to alter the same at pleasure;

(4) To receive, take and hold by sale, gift, lease, devise or otherwise real and personal property of every kind and description, and to manage the same;

(5) To acquire by purchase, gift or the exercise of the power of eminent domain, or any other lawful means, and to convey or cause to be conveyed to the United States, the State of Alabama, any county or municipality in the state, or to any agency, department or instrumentality of such political entities, or to any public corporation, any real, personal or mixed property necessary or convenient to the authority in the performance of its duties and obligations in connection with the waterway project;

(6) To exercise the right of eminent domain as freely and completely as, and in the same manner that, the State of Alabama is empowered to exercise such right;

(7) To enter into contracts with the United States, the State of Alabama, counties and municipalities, with all agencies, departments and instrumentalities of such political entities, and with private individuals, firms, corporations and other persons for any purpose related to the authority’s duties and obligations in connection with the waterway project;

(8) To supervise the sale of general obligation bonds of the state subject to the provisions of Section 33-16-12 and to extend the proceeds of the said bonds in discharging its duties and obligations in connection with the waterway project;

(9) To appoint and employ such attorneys and agents as the business of the authority may require; provided, that the authority shall not employ fiscal agents in connection with the sale of bonds;

(10) To appoint and employ an administrator and supporting staff with such duties and powers, for such terms and at such salaries as the board of directors shall deem advisable;

(11) To delegate, subject to the provisions of Section 33-16-10, the performance of the authority’s duties and obligations to the Highway Department, the State Docks Department, and any other public corporations, agencies and departments of the state, in such part, to such extent, and on such terms as the board of directors shall deem advisable and to turn over to such other public corporations, agencies and departments of the state any and all funds of the authority necessary to enable such other public corporations, agencies and departments to perform the duties and obligations of the authority delegated to them.
Ala. Code § 33-2-120 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-120
Section 33-2-120 Definitions
Status: in_force

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.
Ala. Code § 33-10-24 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-24
Section 33-10-24 Issuance of Bonds
Status: in_force

The commission is granted the power to incur debt and issue bonds by any of the means authorized by the Constitution and laws of the State of Alabama. Any revenue-producing wharf, dock, warehouse, elevator, industrial facility or other structure owned by or to be acquired by the commission from proceeds of bonds issued by it is hereby declared to be a revenue-producing public utility as that term is used and defined by the Constitution and laws of the state in connection with the issuance of revenue bonds of political subdivisions of the state. As an additional grant of authority beyond other provisions of the Constitution, the commission is authorized to issue negotiable bonds for any purpose within their delegated authority, and to pledge for the payment of the principal and interest of such negotiable bonds the income and revenues derived or to be derived from the properties and facilities maintained and operated by them or received by the commission from other sources. Such negotiable bonds may be further secured by a conventional mortgage upon any or all of the property constructed or acquired, or to be constructed or acquired by them. To further secure such negotiable bonds the commission may apply in whole or in part any money received by gift, grant, donation or otherwise from the United States, the State of Alabama, or any political subdivision thereof, unless otherwise provided by terms of the gift, devise, donation or similar grant.
Ala. Code § 33-2-75 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-75
Section 33-2-75 Rates and Charges for Use of Facilities
Status: in_force

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.
Ala. Code § 33-1-3 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-3
Section 33-1-3 Director
Status: in_force

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.
Ala. Code § 33-10-12 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-12
Section 33-10-12 Soliciting, Etc., Money and Other Assistance
Status: in_force

The commission may apply for, request, solicit, contract for, receive and accept money and other assistance from any source to carry out its duties.
Ala. Code § 33-4-46 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-46
Section 33-4-46 Grounds for Depriving Pilot of Branch
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026.

The commission may deprive any pilot of his branch for a willful violation of his duties, or the orders or regulation of the commissioners, or for negligently losing or injuring any vessel in his charge; or when laboring under mental derangement or when so addicted to habits of intoxication as to be unfit to be intrusted with the charge of a vessel. Any pilot who fails to act as such for three months, or absents himself for 10 days at any one time from the Bay or Harbor of Mobile without leave of the commissioners, may be deprived of his branch. And if, while a vessel in the Bay or Harbor of Mobile is in charge of any civil officer by virtue of process from any court of record in this state, any pilot, with knowledge thereof, conducts or pilots such vessel out of the bay or harbor, he forfeits his branch, and is forever disqualified from acting as a pilot, and forfeits such sum of money as the jury may assess.
Ala. Code § 33-5-50 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-50
Section 33-5-50 Short Title
Status: in_force

This article shall be designated as the “Alabama Boating Safety Reform Act of 1994.”
Ala. Code § 33-5-77 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-77
Section 33-5-77 Operating a Vessel Powered Beyond the Manufacturer’s Capacity Plate; Violations
Status: in_force

(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.
Ala. Code § 33-4A-12 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-12
Section 33-4A-12 Jurisdiction of Commission - Harbor Masters
Status: in_force

The commission shall not have jurisdiction over harbor masters or deputy masters in any harbor or seaport in the Port of Mobile.
Ala. Code § 33-2-134 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-134
Section 33-2-134 Rates and Charges for Use of Facilities
Status: in_force

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.
Ala. Code § 33-10-15 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-15
Section 33-10-15 Certain Powers Enumerated
Status: in_force

The commission is granted all powers capable of being delegated by the Legislature under the Constitution of the state, including but not limited to authority:

(1) To own, construct, operate, maintain and lease docks, wharves, sheds, elevators, pipelines, pumping stations and facilities, storage facilities, housing and food facilities, heliport, locks, slips, laterals, basins, warehouses and all other property, structures, equipment and facilities, including belt and connecting lines of railroads and works of public improvement necessary or useful for deep draft harbor and terminal purposes.

(2) To dredge and maintain shipways, channels, slips, basins and turning basins.

(3) To establish, operate and maintain in cooperation with the federal government, the State of Alabama and its various agencies, subdivisions and public bodies, navigable waterway systems.

(4) To acquire by expropriation any real property in fee, leaving the ownership of any minerals or mineral rights in the former owners.

(5) To collect tolls and fees.

(6) To borrow funds for the business of the commission.

(7) To select an official journal for the publication of the official acts of the commission.

(8) To mortgage properties constructed or acquired by said commission and to mortgage and pledge any lease or leases and the rents, income and other advantages arising out of any lease or leases granted, assigned or subleased by the commission.
Ala. Code § 33-10-5 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-5
Section 33-10-5 Meetings; Quorum
Status: in_force

The commission shall meet at least once each month and may hold special meetings at the call of the chair or of three of its members. The chairman, or in his absence the vice-chairman, shall preside at all meetings. A majority of the members of the commission constitutes a quorum for the transaction of business.
Ala. Code § 33-10-6 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-6
Section 33-10-6 Executive Director - Commission to Employ; Term
Status: in_force

The commission shall employ an executive director to serve at the will of the commission.
Ala. Code § 33-5-9 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-9
Section 33-5-9 Vessels to Be Registered and Numbered
Status: in_force

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.
Ala. Code § 33-17-11 — Alabama Code / Title 33 / Chapter 17 / Section 33-17-11
Section 33-17-11 Authority of State Docks Department
Status: in_force

In connection with the navigational use of the waterway, the State Docks Department is hereby authorized to provide and maintain suitable and adequate river and canal terminals in accordance with plans approved by the Secretary of the Army of the United States and the Chief of Engineers of the United States Army.
Ala. Code § 33-7-3.1 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-3.1
Section 33-7-3.1 Obstructing Navigation on Public Waters
Status: in_force

(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.
Ala. Code § 33-2-92 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-92
Section 33-2-92 Authorized Cost Additional; Total Cost to State
Status: in_force

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.
Ala. Code § 33-10-16 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-16
Section 33-10-16 Promotion, Operation, Etc., of Development Program; Contracts, Etc., with Other Agencies
Status: in_force

The commission shall be vested with exclusive and plenary authority to do any and all things necessary or proper for the commission to promote, plan, finance, develop, construct, control, operate, manage, maintain and modify the commission development program. To assert Alabama’s interest in any deep draft harbor and terminal development in proximity to the Alabama coast, the commission is empowered to negotiate with and enter into contracts, compacts or other agreements with agencies, bureaus or other divisions of the federal government or other states of the United States concerning the commission development program, including jurisdictional aspects of the location of the deep draft harbor and terminal, sharing of revenues derived from the operation of the deep draft harbor and terminal and promulgation and enforcement of regulations governing commission operations.
Ala. Code § 33-5-4 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-4
Section 33-5-4 Marine Patrol Division -- Duties; State Troopers
Status: in_force

(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.
Ala. Code § 33-4-2 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-2
Section 33-4-2 Qualifications of Commissioners
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026.

All of the members of said 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.
Ala. Code § 33-6-4 — Alabama Code / Title 33 / Chapter 6 / Section 33-6-4
Section 33-6-4 Rules, Regulations and Orders Generally - Adoption by Board of Health; Approval by Commissioner of Conservation and Natural Resources or Governor
Status: reserved

THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY ACT 2002-59, EFFECTIVE OCTOBER 1, 2003.
Ala. Code § 33-4A-33 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-33
Section 33-4A-33 Pay of Pilots - Generally
Status: in_force

(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.
Ala. Code § 33-4-51 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-51
Section 33-4-51 Pay of Pilots - No Discrimination or Rebating of Pilot’s Fees
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026.

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, on conviction, have his license or branch revoked.
Ala. Code § 33-4A-8 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-8
Section 33-4A-8 Audits; Exemption from Sunset Law
Status: in_force

(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.
Ala. Code § 33-4-6 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-6
Section 33-4-6 Secretary
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. The State Pilotage Commission may employ a secretary, who may 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 to the State of Alabama a bond, to be approved by the Governor, 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 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.
Ala. Code § 33-4A-16 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-16
Section 33-4A-16 Number of Pilots; Qualifications
Status: in_force

(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.
Ala. Code § 33-4-57 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-57
Section 33-4-57 Report of Unlawful Discharge of Ballast, Sweepings, Rubbish, Etc., in Bay, Etc
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026.

Every 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, must, as soon as practicable, give information thereof to the District Attorney of Mobile County.
Ala. Code § 33-4A-15 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-15
Section 33-4A-15 Recordkeeping
Status: in_force

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.
Ala. Code § 33-2-14 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-14
Section 33-2-14 Exercise of Authority by Governor and Department; Evidence of Approval and Consent of Governor and Department
Status: in_force

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.
Ala. Code § 33-2-74 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-74
Section 33-2-74 Use of Surplus Revenues of Port of Mobile Facilities to Pay Operating Deficit
Status: in_force

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.
Ala. Code § 33-5-35 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-35
Section 33-5-35 Penalties for Violations of Chapter
Status: in_force

(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).
Ala. Code § 33-2-32 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-32
Section 33-2-32 Authorized Cost Additional; Total Cost to State
Status: in_force

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.
Ala. Code § 33-5-22.1 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-22.1
Section 33-5-22.1 “Sailboard” Defined; Hull Deemed Flotation Device
Status: reserved

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.
Ala. Code § 33-7-72 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-72
Section 33-7-72 Duties of Participating Owners; Inspections. (Amended by Act 2026-482)
Status: in_force

AMENDED BY ACT 2026-482, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) A participating owner shall ensure plans and specifications for initial construction, reconstruction, enlargement, alteration, repair, operation, breach, abandonment, or removal of dams and reservoirs, and the supervision of the construction of dams and reservoirs shall be in the charge of an engineer and assisted by qualified geologists and other specialists as necessary.

(b) A participating owner of any dam or reservoir shall ensure the dam or reservoir is inspected a minimum of once every four years by an engineer. The engineer shall certify to the local emergency management agency that the inspection has been completed and deliver a record of the inspection to the owner.

(c) A participating owner shall notify the local emergency management agency in writing of the construction or the enlargement of any dam or reservoir. Plans and specifications shall be signed and sealed by the design engineer.

(d) Upon the transfer of ownership of any dam or reservoir, the current participating owner shall notify the local emergency management agency. The subsequent owner may elect to continue participating in the inspection program but may also elect to cease participation with no penalty.

(e) A participating owner of a state-owned dam or reservoir shall submit a written affidavit to the local emergency management agency for each state-owned dam or reservoir elected to be subject to this article.

(f) Notwithstanding any other provision of this article, a state-owned dam or reservoir that is subject to this article shall be inspected a minimum of once every four years by an engineer, so long as sufficient funds have been appropriated by the Legislature to, or sufficient relevant grant funds have been obtained by, the participating owner of the state-owned dam or reservoir. The engineer shall certify to the local emergency management agency that the inspection has been completed and deliver a record of the inspection to the owner.
Ala. Code § 33-2-183 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-183
Section 33-2-183 Docks Facilities Revenue Bonds and Refunding Bonds - Generally
Status: in_force

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.
Ala. Code § 33-4A-31 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-31
Section 33-4A-31 Grounds for Depriving Pilot of Branch
Status: in_force

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.
Ala. Code § 33-4-40 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-40
Section 33-4-40 Bond of Pilot - Preserving Bonds, Etc.; New Bonds; Actions on Bonds; Liability
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026.

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

(b) A pilot providing 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 pilot’s error, omission, fault, or neglect in the performance of the 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 pilot.

(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 pilot.

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

(d) In an action brought against a pilot 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 pilot to the extent the pleadings allege liability of the pilot that exceeds five thousand dollars ($5,000).

(e) The provisions of this section apply only provided the bar pilots remain self-employed independent contractors and the number of such self-employed independent contractors does not exceed 20 actively engaged in the piloting of vessels as licensed by the State Pilotage Commission.
Ala. Code § 33-6-11 — Alabama Code / Title 33 / Chapter 6 / Section 33-6-11
Section 33-6-11 Disposition of Fines Under Chapter
Status: in_force

All fines paid or collected hereunder shall be paid into the general fund of the state.
Ala. Code § 33-17-2 — Alabama Code / Title 33 / Chapter 17 / Section 33-17-2
Section 33-17-2 Legislative Intent; Construction of Chapter
Status: in_force

The Legislature hereby makes the findings of facts and declaration of intent hereinafter set forth in this section. The construction of a navigable waterway between Demopolis, Alabama and the Tennessee River, utilizing the channel of the Tombigbee River, would provide a new transportation route of great importance and would stimulate the development of commerce, agriculture and industry in many sections of the state. Local flooding along the tributary streams of the Tombigbee River occurs frequently in the growing and harvesting season and causes considerable damage to agriculture in the affected sections of the state. Improvements in the channels of the tributary streams will eliminate much of the damage caused by flooding and will also permit improved farming practices and better land use.

It is the intention of the Legislature by the passage of this chapter to implement the provisions of Amendment No. 270 of the Constitution of Alabama. In order to further the developments herein found to be beneficial, it is the intention of the Legislature to authorize the formation of a public corporation for the following purposes:

(1) To cooperate with the United States, the State of Alabama, other participating states, counties and municipalities, with all agencies, departments and instrumentalities of such political entities, with the Tennessee-Tombigbee Waterway Development Authority, and with private individuals, corporations, associations and other persons in furthering the development of the waterway and the flood control project;

(2) To undertake all obligations and perform all actions that shall be necessary to fulfill the requirements of local contribution, participation and cooperation now established by the United States in connection with the waterway and the flood control project; and

(3) To cooperate generally with the United States, the State of Alabama, other participating states, counties and municipalities, with all agencies, departments and instrumentalities of such political entities, and with the Tennessee-Tombigbee Waterway Development Authority in promoting projects in the basin of the Tombigbee River for navigation, water conservation and supply, flood control, irrigation, industrial development, public recreation and related purposes.

It is further the intention of the Legislature to authorize the issuance of general obligation bonds of the state herein provided for and to empower the said public corporation to supervise the sale of the said bonds and to expend the proceeds of the said bonds in discharging the duties and obligations which the said public corporation is authorized by this chapter to undertake.

This chapter shall be liberally construed in conformity with its purpose.
Ala. Code § 33-1-1 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-1
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
Status: in_force

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.
Ala. Code § 33-5A-9 — Alabama Code / Title 33 / Chapter 5A / Section 33-5A-9
Section 33-5A-9 Alabama Abandoned and Derelict Vessel Fund
Status: in_force

(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.
Ala. Code § 33-7-8 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-8
Section 33-7-8 Opening or Cutting Loose Boom Without Authority
Status: in_force

Any person who opens the boom of another for any purpose without his permission, or wilfully cuts, unties, loosens or casts off any rope, chain, pole, timber, pile or other fastening by which a boom containing any logs, timber or lumber is secured must, on conviction, be fined not less than $100.00 nor more than $1,000.00.
Ala. Code § 33-7-51 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-51
Section 33-7-51 Structures Not to Obstruct Navigation, Etc.; Restriction on Tolls; Repossession by Legislature
Status: in_force

No such structure shall be built or maintained upon or over the lands of the state or lands underlying the navigable waters of the state so as to in any wise unreasonably obstruct navigation, or the freedom of the use of the navigable waters of the state for commerce and navigation, or for harbor purposes; nor shall any charge be exacted of any vessel, barge, boat or raft, either singly or in fleets, for anchoring, mooring or tying up or remaining on the navigable waters, presumptive or established, either or both of them, alongside of or on the lands of the state abutting thereon or thereunder, not then occupied by the structures and improvements placed thereon or therein pursuant hereto; or in the waters in front of said wharves and other structures so long as the reasonable use of said wharves and other structures occupying the lands of the state, or the aforesaid navigable waters of the state or the use of the approaches to said walls and other structures, or the coaling of vessels using same, is not unreasonably restricted, interfered with or prevented thereby; subject, however, to the further reservation and right of the Legislature or other authority constituted by it for such purpose, to vacate or cause to be vacated and repossess or cause to be repossessed by the state so much of said riparian lands belonging to it, as may be at any time necessary for use by the state or federal government in aid of navigation and commence or for harbor purposes, or to insure the freedom and safety of navigation or the public or the property abutting upon the navigable waters of the state, but not otherwise, and to that end may proceed under its right of eminent domain as to any structures thereon, so that the right of the state and the public may be preserved and insured under Section 24 of Article 1 of the Constitution of Alabama.
Ala. Code § 33-2-4 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-4
Section 33-2-4 Powers and Duties of Department Under Article Cumulative
Status: in_force

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.
Ala. Code § 33-5-23 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-23
Section 33-5-23 Muffling Devices and Sirens
Status: in_force

(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.
Ala. Code § 33-2-184 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-184
Section 33-2-184 Docks Facilities Revenue Bonds and Refunding Bonds - Execution
Status: in_force

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.
Ala. Code § 33-2-94 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-94
Section 33-2-94 Authority, Etc., of Department Under Article Cumulative
Status: in_force

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.
Ala. Code § 33-15-3 — Alabama Code / Title 33 / Chapter 15 / Section 33-15-3
Section 33-15-3 Procedure for Incorporation
Status: in_force

To become a corporation, the persons who are designated to become members of the initial board of directors of the authority, as provided in Section 33-15-4, shall present to the Judge of Probate of Franklin County a certificate of incorporation signed by them which shall contain:

(1) The name and official residence of each of the said persons;

(2) The term of office of each of the said persons as such directors;

(3) The name of the proposed corporation which shall be Bear Creek Development Authority;

(4) The location of the principal office of the proposed corporation which shall be in one of said named counties; and

(5) Any other matter relating to the incorporation that the said persons may choose to insert and which is not inconsistent with this article or the laws of the State of Alabama.

The certificate of incorporation shall be accompanied by:

(1) A certificate by the clerk of each of the municipalities of Red Bay, Vina, Hodges, Hackleburg, Bear Creek, Haleyville, Phil Campbell, Russellville and Cherokee, which certificate shall identify the mayor or other chief executive officer of such municipality and shall set forth the date on which the current term of office of the mayor or other chief executive officer will expire;

(2) A certificate by the clerk of each governing body of the Counties of Marion, Colbert, Franklin and Winston, which certificate shall set forth the date on which the term of office of each member of such governing body expires;

(3) A certified copy of a resolution adopted by each of the governing bodies of the Counties of Marion, Colbert, Franklin and Winston, appointing a director from such county; and

(4) A certified copy of an order of the Governor appointing a director.

The signing of the certificate of incorporation by any person as mayor or other chief executive officer of one of the aforenamed municipalities shall be void unless, at the time of such signing and at the time the authority comes into existence, the said person is the mayor or other chief executive officer of such municipality. The signing of the certificate of incorporation by any person appointed as a director by the governing body of any county shall be void unless, at the time the authority comes into existence, at least two thirds of the membership of such governing body is the same as the membership at the time of the adoption by such governing body of a resolution appointing such person as a director. The signing of the certificate of incorporation by any person as the director appointed by the Governor shall be void unless, at the time the authority comes into existence, the same Governor is in office who appointed such person.

The certificate of incorporation shall be subscribed and sworn to by each of the said persons before an officer authorized by the laws of this state to take acknowledgments to deeds. The said judge of probate shall examine the certificate of incorporation presented to him and, if he finds that it substantially complies with the requirements of this section, he shall receive and file it and shall record it in an appropriate book of records in his office. When the certificate of incorporation has been made, presented, filed and recorded as herein provided, the said persons shall constitute a public corporation under the aforesaid name, and the authority shall thereupon come into existence. There shall be no fees paid to the judge of probate for any work done in connection with the incorporation above provided for.
Ala. Code § 33-10-23 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-23
Section 33-10-23 Intergovernmental Contracts
Status: in_force

The commission may enter into intergovernmental contract agreements with existing port authorities, individually, or with any city, municipality or subdivision of the state, and may engage jointly in the exercise of any power, the making of any improvements which each of the participating authorities may exercise or undertake individually under any provision of general or special law.
Ala. Code § 33-5A-10 — Alabama Code / Title 33 / Chapter 5A / Section 33-5A-10
Section 33-5A-10 Unattended Vessel Check
Status: in_force

(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.
Ala. Code § 33-5B-29 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-29
Section 33-5B-29 Effective Date; Transition Rules; Savings Clause
Status: in_force

(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.
Ala. Code § 33-1-14 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-14
Section 33-1-14 Appraisal of Real Estate; Approval of Facilities by Governor Prerequisite to Beginning Project
Status: reserved

Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000.
Ala. Code § 33-5-79 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-79
Section 33-5-79 Rulemaking Authority
Status: in_force

The secretary may adopt and enforce reasonable and necessary rules to administer and enforce this chapter.
Ala. Code § 33-4-14 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-14
Section 33-4-14 Records
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026.

The commissioners shall preserve in a well-bound book 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. All persons interested shall have access to and be permitted to take copies of the record, and copies from such records, certified by the chairman, are presumptive evidence of the facts stated therein.
Ala. Code § 33-4A-36 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-36
Section 33-4A-36 Pay of Pilots - No Discrimination or Rebating of Pilot’s Fees
Status: in_force

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.
Ala. Code § 33-2-43 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-43
Section 33-2-43 Revocation or Cancellation of Licenses to Occupy State Property
Status: in_force

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.
Ala. Code § 33-2-40 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-40
Section 33-2-40 Application of Revenues from Dock Facilities
Status: in_force

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.
Ala. Code § 33-1-18 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-18
Section 33-1-18 Sales of Submerged Lands and Made Lands Lying Under or Abutting Tidal Waters
Status: in_force

(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.
Ala. Code § 33-5-26 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-26
Section 33-5-26 Water Skis, Aquaplanes, Etc
Status: in_force

(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.
Ala. Code § 33-2-133 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-133
Section 33-2-133 Use of Surplus Revenues of Port of Mobile Facilities to Pay Operating Deficit
Status: in_force

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.
Ala. Code § 33-5-1 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-1
Section 33-5-1 Declaration of Policy
Status: in_force

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.
Ala. Code § 33-5-29 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-29
Section 33-5-29 Rules and Regulations - Filing and Publication
Status: reserved

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.
Ala. Code § 33-5-28 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-28
Section 33-5-28 Rules and Regulations - Rulemaking Authority
Status: in_force

The secretary shall adopt rules necessary for the administration of this article.
Ala. Code § 33-7-52 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-52
Section 33-7-52 Tolls, Etc., Charged Subject to Regulation by Legislature
Status: in_force

All tolls, imposts, charges and duties authorized hereunder for the use of said wharves and other structures occupying the lands of the state or connected therewith, at all times hereafter, shall be subject to regulation and revision by the Legislature or other authority now existing or hereafter created by it for such purpose, together with the right and authority of the Legislature to fix and define or to delegate to an authority constituted by it the right and power to fix, define and prescribe reasonable tolls, imposts, charges and duties for the use of said wharves and other structures, and to prevent unjust discriminations with respect thereto.
Ala. Code § 33-4-53 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-53
Section 33-4-53 Compulsory Retirement of Bar Pilots
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026.

Every bar pilot licensed and branched by the State Pilotage Commission upon reaching the age of 68 years shall be required to retire and surrender his license or branch to the State Pilotage Commission.
Ala. Code § 33-16-11 — Alabama Code / Title 33 / Chapter 16 / Section 33-16-11
Section 33-16-11 Construction, Maintenance, Etc., of Terminals
Status: in_force

In connection with the navigational use of the waterway, the authority is hereby authorized to construct, improve, maintain and operate suitable and adequate river and canal terminals in accordance with plans approved by the Secretary of the Army of the United States and the Chief of Engineers of the United States army; provided that any obligations undertaken by the authority in connection with the provision and maintenance of such terminals may be delegated by the authority to the State Docks Department.
Ala. Code § 33-4A-20 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-20
Section 33-4A-20 Branching or Licensing Criteria
Status: in_force

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.
Ala. Code § 33-2-106 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-106
Section 33-2-106 Revocation or Cancellation of Licenses to Occupy State Property
Status: in_force

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.