Ala. Code § 33-2-155 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-155
Section 33-2-155 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 § 33-5B-7 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-7
Section 33-5B-7 Application for Certificate of Title
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(D) the overall length of the vessel;

(E) the vessel type;

(F) the hull material;

(G) the propulsion type;

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

(I) the fuel type, if any;

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

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

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

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

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

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

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

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

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

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

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

(2) if there is no certificate of title:

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

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

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

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

(f) The office may require that an application for a certificate of title be accompanied by payment or evidence of payment of fees and taxes payable by the applicant under law of this state other than this chapter in connection with the application or the acquisition or use of the vessel. If a provision of this chapter places a duty on the office on delivery to it of an application for a certificate of title and the applicable fee and the office requires that the application be accompanied by payment or evidence of payment of fees and taxes payable by the applicant under the law of this state other than this chapter, the office is not required to carry out its duty in the absence of such payment or evidence of payment.
Ala. Code § 33-10-4 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-4
Section 33-10-4 Compensation and Expenses of Members
Status: in_force

All members of the commission are entitled to receive reimbursement for travel and other necessary expenses resulting from the performance of their powers and duties under this chapter, and all members of the commission, except persons who are officers or employees of another state agency or a local government or political subdivision of the state, are entitled to receive as compensation $50.00 a day for each day actually engaged in the work of the commission.
Ala. Code § 33-1-19 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-19
Section 33-1-19 Exemption of Leases, Etc., from Taxation
Status: in_force

All leases of real estate within the boundaries of the approved plan or within the boundaries of any amendment or extension thereof, for port or harbor improvement in and by the State of Alabama, the port authority, or its predecessors, now in effect, and also all structures and all improvements and all other permanent facilities erected, installed or located, by the lessees, or their successors or assigns, within the boundaries aforesaid, shall be free and exempt from all state, county, and municipal taxation for the period as may be stipulated in the lease now in effect.
Ala. Code § 33-5-54 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-54
Section 33-5-54 Boater Safety Certification -- Issuance
Status: in_force

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

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

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

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

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

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

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

(e) Any person given a citation for failure to have a boater safety certification who had a current, valid boater safety certification at the time of the citation which was not on his or her person at the time the citation was issued, may present the boater safety certification to the court or the court clerk and the citation shall be dismissed without the payment of any costs.
Ala. Code § 33-5A-6 — Alabama Code / Title 33 / Chapter 5A / Section 33-5A-6
Section 33-5A-6 Proceeds of the Sale
Status: in_force

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

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

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

(3) The remaining balance, if any, shall be deposited into the Alabama Abandoned and Derelict Vessel Fund to be used by the agency for purposes of implementing and administering this chapter.
Ala. Code § 33-6A-1 — Alabama Code / Title 33 / Chapter 6A / Section 33-6A-1
Section 33-6A-1 Definitions
Status: in_force

For the purpose of this chapter, the following terms shall have the following meanings, unless the context clearly indicates otherwise:

(1) DEPARTMENT. The state Department of Conservation and Natural Resources.

(2) DISCHARGE. Includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping in state waters.

(3) MARINA. Any entity required to have a business license which is located on any waters of this state and which moors, docks, stores, or anchors vessels for periods of seven consecutive calendar days or longer for a fee.

(4) MARINE SANITATION DEVICE. Any equipment for installation on board a vessel, or a floating or over-the-water residence, which is designated to receive, retain, treat, or discharge sewage, and any process to treat such sewage except that marine sanitation device shall not be interpreted to include portable toilets of any type.

(5) RECREATIONAL VESSEL. Every description of watercraft or other artificial contrivance used primarily as a means of recreational transportation on the waters of this state. Such term shall exclude, without limitation, commercial watercraft such as a tow boat or commercial passenger carrying vessels.

(6) RESIDENCE BOAT. Any structure used primarily for habitation located on any waters in the state, floating or supported totally or partially on pilings.

(7) SEWAGE. Human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes, but does not include by-catch or bait discharge by fishermen, galley water, bath and shower water, or bilge water.
Ala. Code § 33-7-71 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-71
Section 33-7-71 Definitions. (Amended by Act 2026-482)
Status: in_force

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

For the purposes of this article, the following terms have the following meanings:

(1) ABANDON or ABANDONMENT. To render a dam non-impounding by dewatering and filling the reservoir created by the dam with solid materials, by diverting the natural drainway around the site, or by removing a portion of the dam to allow drainage to occur the same, or nearly the same, as before the construction of the dam.

(2) ADVERSE CONSEQUENCES. Negative impacts that may occur upstream, downstream, or at locations remote from the dam. The primary concerns are loss of human life, disruption of public infrastructure, environmental impact, and economic loss, including property damage.

(3) ALTERATIONS or REPAIRS. Alterations or repairs to an existing dam and appurtenant works that affect the safety of the dam or reservoir.

(4) APPURTENANT WORKS. The structures or machinery incident or annexed to a dam whose purpose is to operate, assist, and maintain the dam. The term includes spillways, either in the dam or separate therefrom, the reservoir and its rim, low level outlet works, and water conduits, including tunnels, pipelines, or penstocks, either through the dam or its abutments.

(5) BREACH. Partial removal of a dam, creating a channel through the dam to the original stream bottom elevation.

(6) DAM.

a. An artificial barrier, including appurtenant works, with the ability to impound water, wastewater, or liquid-borne materials and to which either of the following apply:

1. Is 25 feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum water storage elevation.

2. Has an impounding capacity at maximum water storage elevation of 50 acre feet or more.

b. The term includes a fill or structure for highway or railroad use or for any other purpose which impounds water.

c. This definition does not apply to any barrier not in excess of six feet in height regardless of storage capacity or which has a storage capacity at maximum water storage elevation not greater than 15 acre feet regardless of height, unless the barrier, due to its location or other physical characteristics, is classified as a high hazard potential dam.

d. This definition does not apply to any dam subject to the jurisdiction of any other state or federal agency.

e. The term does not include any obstruction in a canal used to raise or lower water.

f. This term does not include privately owned dams, regardless of the hazard designation, unless the owner has voluntarily elected to participate in the program in accordance with this article.

(7) DAYS. In establishing deadlines, means all calendar days, including Sundays and holidays.

(8) EMERGENCY. All conditions leading to or causing a breach, overtopping, or any other condition of a dam and its appurtenant works that may be construed as unsafe or threatening to life or property.

(9) EMERGENCY ACTION PLAN. A plan that identifies the area that would likely be inundated by the failure of a dam and the actions that should be taken in the event of a failure or threatening condition at the dam.

(10) ENGINEER. An engineer who has a background in civil engineering and who satisfies all of the following:

a. Is a licensed professional engineer.

b. Is competent in areas related to dam investigation, design, construction, and operation for the type of dam being investigated, designed, constructed, or operated.

c. Has relevant experience in areas such as investigation, design, construction, reconstruction, enlargement, repair, alteration, maintenance, operation, breach, removal, or abandonment of dams.

d. Understands adverse dam incidents, failures, and the potential causes and consequences of failures.

e. Continues with necessary training and continuing education to keep abreast of the state of the practice in dam safety engineering.

(11) ENLARGEMENT. Any change in or addition to an existing dam or reservoir that raises or may raise the water storage elevation of the water impounded by the dam.

(12) HAZARD POTENTIAL. The possible incremental adverse consequences that result from the release of water or stored contents due to failure of the dam or misoperation of the dam or appurtenant works. The hazard potential classification of a dam does not reflect in any way on the current condition of the dam and its appurtenant works, including safety, structural integrity, or flood routing capacity.

(13) HIGH HAZARD POTENTIAL DAM. A dam assigned the high hazard potential classification where the dam’s failure or misoperation will likely cause loss of human life.

(14) LOCAL EMERGENCY MANAGEMENT AGENCY. The local emergency management organization that has jurisdiction over the area in which a dam or reservoir is located.

(15) LOW HAZARD POTENTIAL DAM. A dam assigned the low hazard potential classification where failure or misoperation results in no probable loss of human life and low economic or environmental losses with those economic losses that do occur being principally limited to the owner’s property.

(16) PARTICIPATING OWNER. Any of the following that elect to be included in this definition by written affidavit delivered to the local emergency management agency:

a. Any municipal or quasi-municipal corporation.

b. Any county or quasi-county corporation.

c. Any public utility.

d. Any district as defined by Section 11-99A-2.

e. Any person.

f. The duly authorized agent, lessee, or trustee of any entity described in paragraphs a. through e.

g. Receivers or trustees appointed by any court for any entity described in paragraphs a. through e.

h. This state and any department, board, commission, institution, or agency thereof that voluntarily elects to be subject to this article.

(17) PERSON. Any individual, bankruptcy trustee, firm, association, organization, partnership, business trust, corporation, limited liability corporation, limited liability partnership, or company.

(18) PROBABLE. More likely than not to occur; reasonably expected; realistic.

(19) RECONSTRUCTION. Removal and replacement of an existing dam or a portion thereof.

(20) REMOVAL. Complete elimination of the dam embankment or structure to restore the approximate original topographic contours of the valley.

(21) RESERVOIR. Any area that contains or will contain impounded water, wastewater, or liquid-borne materials by virtue of its having been impounded by a dam. This term does not include privately owned reservoirs, regardless of the hazard designation, unless the owner has elected to participate in the program in accordance with this article.

(22) SIGNIFICANT HAZARD POTENTIAL DAM. A dam assigned the significant hazard potential classification where failure or misoperation results in no probable loss of human life but can result in major economic loss, environmental damage, disruption of lifeline facilities, or other issues impacting public safety and welfare.

(23) STATE-OWNED DAM OR RESERVOIR. Any dam or reservoir that is owned by this state or a department, board, commission, institution, or agency thereof.

(24) WATER STORAGE ELEVATION. The maximum elevation of water surface which can be obtained by the dam or reservoir.
Ala. Code § 33-19-1 — Alabama Code / Title 33 / Chapter 19 / Section 33-19-1
Section 33-19-1 Apalachicola-Chattahoochee-Flint River Basin Compact
Status: in_force

The State of Alabama hereby agrees to the following interstate compact known as the Apalachicola-Chattahoochee-Flint River Basin Compact:

Apalachicola-Chattahoochee-Flint River Basin Compact

The States of Alabama, Florida and Georgia and the United States of America hereby agree to the following compact which shall become effective upon enactment of concurrent legislation by each respective state legislature and the Congress of the United States.

Short Title

This Act shall be known and may be cited as the “Apalachicola-Chattahoochee-Flint River Basin Compact” and shall be referred to hereafter in this document as the “ACF Compact” or “compact.”

Article I

Compact Purposes

This compact among the States of Alabama, Florida and Georgia and the United States of America has been entered into for the purposes of promoting interstate comity, removing causes of present and future controversies, equitably apportioning the surface waters of the ACF, engaging in water planning, and developing and sharing common data bases.

Article II

Scope of the Compact

This compact shall extend to all of the waters arising within the drainage basin of the ACF in the States of Alabama, Florida and Georgia.

Article III

Parties

The parties to this compact are the States of Alabama, Florida and Georgia and the United States of America.

Article IV

Definitions

For the purposes of this compact, the following words, phrases and terms shall have the following meanings:

(a) “ACF Basin” or “ACF” means the area of natural drainage into the Apalachicola River and its tributaries, the Chattahoochee River and its tributaries, and the Flint River and its tributaries. Any reference to the rivers within this compact will be designated using the letters “ACF” and when so referenced will mean each of these three rivers and each of the tributaries to each such river.

(b) “Allocation formula” means the methodology, in whatever form, by which the ACF Basin Commission determines an equitable apportionment of surface waters within the ACF Basin among the three states. Such formula may be represented by a table, chart, mathematical calculation or any other expression of the commission’s apportionment of waters pursuant to this compact.

(c) “Commission” or “ACF Basin Commission” means the Apalachicola-Chattahoochee-Flint River Basin Commission created and established pursuant to this compact.

(d) “Ground waters” means waters within a saturated zone or stratum beneath the surface of land, whether or not flowing through known and definite channels.

(e) “Person” means any individual, firm, association, organization, partnership, business, trust, corporation, public corporation, company, the United States of America, any state, and all political subdivisions, regions, districts, municipalities, and public agencies thereof.

(f) “Surface waters” means waters upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be considered “surface waters” when it exits from the spring onto the surface of the earth.

(g) “United States” means the executive branch of the government of the United States of America, and any department, agency, bureau or division thereof.

(h) “Water Resource Facility” means any facility or project constructed for the impoundment, diversion, retention, control or regulation of waters within the ACF Basin for any purpose.

(i) “Water resources,” or “waters” means all surface waters and ground waters contained or otherwise originating within the ACF Basin.

Article V

Conditions Precedent to Legal Viability Compact

This compact shall not be binding on any party until it has been enacted into law by the Legislatures of the States of Alabama, Florida and Georgia and by the Congress of the United States of America.

Article VI

ACF Basin Commission Created

(a) There is hereby created an interstate administrative agency to be known as the “ACF Basin Commission.” The commission shall be comprised of one member representing the State of Alabama, one member representing the State of Florida, one member representing the State of Georgia, and one non-voting member representing the United States of America. The state members shall be known as “State Commissioners” and the federal member shall be known as “Federal Commissioner.” The ACF Basin Commission is a body politic and corporate, with succession for the duration of this compact.

(b) The governor of each of the states shall serve as the state commissioner for his or her state. Each state commissioner shall appoint one or more alternate members and one of such alternates as designated by the state commissioner shall serve in the state commissioner’s place and carry out the functions of the state commissioner, including voting on commission matters, in the event the state commissioner is unable to attend a meeting of the commission. The alternate members from each state shall be knowledgeable in the field of water resources management. Unless otherwise provided by law of the state for which an alternate state commissioner is appointed, each alternate state commissioner shall serve at the pleasure of the state commissioner. In the event of a vacancy in the office of an alternate, it shall be filled in the same manner as an original appointment.

(c) The President of the United States of America shall appoint the federal commissioner who shall serve as the representative of all federal agencies with an interest in the ACF. The President shall also appoint an alternate federal commissioner to attend and participate in the meetings of the commission in the event the federal commissioner is unable to attend meetings. When at meetings, the alternate federal commissioner shall possess all of the powers of the federal commissioner. The federal commissioner and alternate appointed by the President shall serve until they resign or their replacements are appointed.

(d) Each state shall have one vote on the ACF Basin Commission and the commission shall make all decisions and exercise all powers by unanimous vote of the three state commissioners. The federal commissioner shall not have a vote, but shall attend and participate in all meetings of the ACF Basin Commission to the same extent as the state commissioners.

(e) The ACF Basin Commission shall meet at least once a year at a date set at its initial meeting. Such initial meeting shall take place within ninety days of the ratification of the compact by the Congress of the United States and shall be called by the chairman of the commission. Special meetings of the commission may be called at the discretion of the chairman of the commission and shall be called by the chairman of the commission upon written request of any member of the commission. All members shall be notified of the time and place designated for any regular or special meeting at least five days prior to such meeting in one of the following ways: By written notice mailed to the last mailing address given to the commission by each member, by facsimile, telegram or by telephone. The chairmanship of the commission shall rotate annually among the voting members of the commission on an alphabetical basis, with the first chairman to be the state commissioner representing the State of Alabama.

(f) All meetings of the commission shall be open to the public.

(g) The ACF Basin Commission, so long as the exercise of power is consistent with this compact, shall have the following general powers:

(1) To adopt bylaws and procedures governing its conduct;

(2) To sue and be sued in any court of competent jurisdiction;

(3) To retain and discharge professional, technical, clerical and other staff and such consultants as are necessary to accomplish the purposes of this compact;

(4) To receive funds from any lawful source and expend funds for any lawful purpose;

(5) To enter into agreements or contracts, where appropriate, in order to accomplish the purposes of this compact;

(6) To create committees and delegate responsibilities;

(7) To plan, coordinate, monitor, and make recommendations for the water resources of the ACF Basin for the purposes of, but not limited to, minimizing adverse impacts of floods and droughts and improving water quality, water supply, and conservation as may be deemed necessary by the commission;

(8) To participate with other governmental and non-governmental entities in carrying out the purposes of this compact;

(9) To conduct studies, to generate information regarding the water resources of the ACF Basin, and to share this information among the commission members and with others;

(10) To cooperate with appropriate state, federal, and local agencies or any other person in the development, ownership, sponsorship, and operation of water resource facilities in the ACF Basin; provided, however, that the commission shall not own or operate a federally-owned water resource facility unless authorized by the United States Congress;

(11) To acquire, receive, hold and convey such personal and real property as may be necessary for the performance of its duties under the compact; provided, however, that nothing in this compact shall be construed as granting the ACF Basin Commission authority to issue bonds or to exercise any right of eminent domain or power of condemnation;

(12) To establish and modify an allocation formula for apportioning the surface waters of the ACF Basin among the States of Alabama, Florida and Georgia; and

(13) To perform all functions required of it by this compact and to do all things necessary, proper or convenient in the performance of its duties hereunder, either independently or in cooperation with any state or the United States.

Article VII

Equitable Apportionment

(a) It is the intent of the parties to this compact to develop an allocation formula for equitably apportioning the surface waters of the ACF Basin among the states while protecting the water quality, ecology and biodiversity of the ACF, as provided in the Clean Water Act, 33 U.S.C. Sections 1251 et seq., the Endangered Species Act, 16 U.S.C. Sections 1532 et seq., the National Environmental Policy Act, 42 U.S.C. Sections 4321 et seq., the Rivers and Harbors Act of 1899, 33 U.S.C. Sections 401 et seq., and other applicable federal laws. For this purpose, all members of the ACF Basin Commission, including the federal commissioner, shall have full rights to notice of and participation in all meetings of the ACF Basin Commission and technical committees in which the basis and terms and conditions of the allocation formula are to be discussed or negotiated. When an allocation formula is unanimously approved by the state commissioners, there shall be an agreement among the states regarding an allocation formula. The allocation formula thus agreed upon shall become effective and binding upon the parties to this compact upon receipt by the commission of a letter of concurrence with said formula from the federal commissioner. If, however, the federal commissioner fails to submit a letter of concurrence to the commission within two hundred ten (210) days after the allocation formula is agreed upon by the state commissioners, the federal commissioner shall within forty-five (45) days thereafter submit to the ACF Basin Commission a letter of nonconcurrence with the allocation formula setting forth therein specifically and in detail the reasons for nonconcurrence; provided, however, the reasons for nonconcurrence as contained in the letter of nonconcurrence shall be based solely upon federal law. The allocation formula shall also become effective and binding upon the parties to this compact if the federal commissioner fails to submit to the ACF Basin Commission a letter of nonconcurrence in accordance with this article. Once adopted pursuant to this article, the allocation formula may only be modified by unanimous decision of the state commissioners and the concurrence by the federal commissioner in accordance with the procedures set forth in this article.

(b) The parties to this compact recognize that the United States operates certain projects within the ACF Basin that may influence the water resources within the ACF Basin. The parties to this compact further acknowledge and recognize that various agencies of the United States have responsibilities for administering certain federal laws and exercising certain federal powers that may influence the water resources within the ACF Basin. It is the intent of the parties to this compact, including the United States, to achieve compliance with the allocation formula adopted in accordance with this article. Accordingly, once an allocation formula is adopted, each and every officer, agency, and instrumentality of the United States shall have an obligation and duty, to the maximum extent practicable, to exercise their powers, authority, and discretion in a manner consistent with the allocation formula so long as the exercise of such powers, authority, and discretion is not in conflict with federal law.

(c) Between the effective date of this compact and the approval of the allocation formula under this article, the signatories to this compact agree that any person who is withdrawing, diverting, or consuming water resources of the ACF Basin as of the effective date of this compact, may continue to withdraw, divert or consume such water resources in accordance with the laws of the state where such person resides or does business and in accordance with applicable federal laws. The parties to this compact further agree that any such person may increase the amount of water resources withdrawn, diverted or consumed to satisfy reasonable increases in the demand of such person for water between the effective date of this compact and the date on which an allocation formula is approved by the ACF Basin Commission as permitted by applicable law. Each of the state parties to this compact further agree to provide written notice to each of the other parties to this compact in the event any person increases the withdrawal, diversion or consumption of such water resources by more than 10 million gallons per day on an average annual daily basis, or in the event any person, who was not withdrawing, diverting or consuming any water resources from the ACF Basin as of the effective date of this compact, seeks to withdraw, divert or consume more than one million gallons per day on an average annual daily basis from such resources. This article shall not be construed as granting any permanent, vested or perpetual rights to the amounts of water used between January 3, 1992 and the date on which the commission adopts an allocation formula.

(d) As the owner, operator, licensor, permitting authority or regulator of a water resource facility under its jurisdiction, each state shall be responsible for using its best efforts to achieve compliance with the allocation formula adopted pursuant to this article. Each such state agrees to take such actions as may be necessary to achieve compliance with the allocation formula.

(e) This compact shall not commit any state to agree to any data generated by any study or commit any state to any allocation formula not acceptable to such state.

Article VIII

Conditions Resulting in Termination of the Compact

(a) This compact shall be terminated and thereby be void and of no further force and effect if any of the following events occur:

(1) The Legislatures of the States of Alabama, Florida and Georgia each agree by general laws enacted by each state within any three consecutive years that this compact should be terminated.

(2) The United States Congress enacts a law expressly repealing this compact.

(3) The States of Alabama, Florida and Georgia fail to agree on an equitable apportionment of the surface waters of the ACF as provided in Article VII(a) of this compact by December 31, 1998, unless the voting members of the ACF Basin Commission unanimously agree to extend this deadline.

(4) The federal commissioner submits to the commission a letter of nonconcurrence in the initial allocation formula in accordance with Article VII(a) of the compact, unless the voting members of the ACF Basin Commission unanimously agree to allow a single 45-day period in which the non-voting federal commissioner and the voting state commissioners may renegotiate an allocation formula and the federal commissioner withdraws the letter of nonconcurrence upon completion of this renegotiation.

(b) If the compact is terminated in accordance with this article it shall be of no further force and effect and shall not be the subject of any proceeding for the enforcement thereof in any federal or state court. Further, if so terminated, no party shall be deemed to have acquired a specific right to any quantity of water because it has become a signatory to this compact.

Article IX

Completion of Studies Pending Adoption of Allocation Formula

The ACF Basin Commission, in conjunction with one or more interstate, federal, state or local agencies, is hereby authorized to participate in any study in process as of the effective date of this compact, including, without limitation, all or any part of the Alabama-Coosa-Tallapoosa/Apalachicola-Chattahoochee-Flint River Basin Comprehensive Water Resource Study, as may be determined by the commission in its sole discretion.

Article X

Relationship to other Laws

(a) It is the intent of the party states and of the United States Congress by ratifying this compact, that all state and federal officials enforcing, implementing or administering other state and federal laws affecting the ACF Basin shall, to the maximum extent practicable, enforce, implement or administer those laws in furtherance of the purposes of this compact and the allocation formula adopted by the commission insofar as such actions are not in conflict with applicable federal laws.

(b) Nothing contained in this compact shall be deemed to restrict the executive powers of the President in the event of a national emergency.

(c) Nothing contained in this compact shall impair or affect the constitutional authority of the United States or any of its powers, rights, functions or jurisdiction under other existing or future laws in and over the area or waters which are the subject of the compact, including projects of the commission, nor shall any act of the commission have the effect of repealing, modifying or amending any federal law. All officers, agencies and instrumentalities of the United States shall exercise their powers and authority over water resources in the ACF Basin and water resource facilities, and to the maximum extent practicable, shall exercise their discretion in carrying out their responsibilities, powers, and authorities over water resources in the ACF Basin and water resource facilities in the ACF Basin in a manner consistent with and that effectuates the allocation formula developed pursuant to this compact or any modification of the allocation formula so long as the actions are not in conflict with any applicable federal law. The United States Army Corps of Engineers, or its successors, and all other federal agencies and instrumentalities shall cooperate with the ACF Basin Commission in accomplishing the purposes of the compact and fulfilling the obligations of each of the parties to the compact regarding the allocation formula.

(d) Once adopted by the three states and ratified by the United States Congress, this compact shall have the full force and effect of federal law, and shall supersede state and local laws operating contrary to the provisions herein or the purposes of this compact; provided, however, nothing contained in this compact shall be construed as affecting or intending to affect or in any way to interfere with the laws of the respective signatory states relating to water quality, and riparian rights as among persons exclusively within each state.

Article XI

Public Participation

All meetings of the commission shall be open to the public. The signatory parties recognize the importance and necessity of public participation in activities of the commission, including the development and adoption of the initial allocation formula and any modification thereto. Prior to the adoption of the initial allocation formula, the commission shall adopt procedures ensuring public participation in the development, review, and approval of the initial allocation formula and any subsequent modification thereto. At a minimum, public notice to interested parties and a comment period shall be provided. The commission shall respond in writing to relevant comments.

Article XII

Funding and Expenses of the Commission

Commissioners shall serve without compensation from the ACF Basin Commission. All general operational funding required by the commission and agreed to by the voting members shall obligate each state to pay an equal share of such agreed upon funding. Funds remitted to the commission by a state in payment of such obligation shall not lapse; provided, however, that if any state fails to remit payment within 90 days after payment is due, such obligation shall terminate and any state which has made payment may have such payment returned. Costs of attendance and participation at meetings of the commission by the federal commissioner shall be paid by the United States.

Article XIII

Dispute Resolution

(a) In the event of a dispute between two or more voting members of this compact involving a claim relating to compliance with the allocation formula adopted by the commission under this compact, the following procedures shall govern:

(1) Notice of claim shall be filed with the commission by a voting member of this compact and served upon each member of the commission. The notice shall provide a written statement of the claim, including a brief narrative of the relevant matters supporting the claimant’s position.

(2) Within twenty (20) days of the commission’s receipt of a written statement of a claim, the party or parties to the compact against whom the complaint is made may prepare a brief narrative of the relevant matters and file it with the commission and serve it upon each member of the commission.

(3) Upon receipt of a claim and any response or responses thereto, the commission shall convene as soon as reasonably practicable, but in no event later than twenty (20) days from receipt of any response to the claim, and shall determine if a resolution of the dispute is possible.

(4) A resolution of a dispute under this article through unanimous vote of the state commissioners shall be binding upon the state parties and any state party determined to be in violation of the allocation formula shall correct such violation without delay.

(5) If the commission is unable to resolve the dispute within 10 days from the date of the meeting convened pursuant to subparagraph (a)(3) of this article, the commission shall select, by unanimous decision of the voting members of the commission, an independent mediator to conduct a non-binding mediation of the dispute. The mediator shall not be a resident or domiciliary of any member state, shall not be an employee or agent of any member of the commission, shall be a person knowledgeable in water resource management issues, and shall disclose any and all current or prior contractual or other relations to any member of the commission. The expenses of the mediator shall be paid by the commission. If the mediator becomes unwilling or unable to serve, the commission by unanimous decision of the voting members of the commission, shall appoint another independent mediator.

(6) If the commission fails to appoint an independent mediator to conduct a non-binding mediation of the dispute within seventy-five (75) days of the filing of the original claim or within thirty (30) days of the date on which the commission learns that a mediator is unwilling or unable to serve, the party submitting the claim shall have no further obligation to bring the claim before the commission and may proceed by pursuing any appropriate remedies, including any and all judicial remedies.

(7) If an independent mediator is selected, the mediator shall establish the time and location for the mediation session or sessions and may request that each party to the compact submit, in writing, to the mediator a statement of its position regarding the issue or issues in dispute. Such statements shall not be exchanged by the parties except upon the unanimous agreement of the parties to the mediation.

(8) The mediator shall not divulge confidential information disclosed to the mediator by the parties or by witnesses, if any, in the course of the mediation. All records, reports, or other documents received by a mediator while serving as a mediator shall be considered confidential. The mediator shall not be compelled in any adversary proceeding or judicial forum to divulge the contents of such documents or the fact that such documents exist or to testify in regard to the mediation.

(9) Each party to the mediation shall maintain the confidentiality of the information received during the mediation and shall not rely on or introduce in any judicial proceeding as evidence:

a. Views expressed or suggestions made by another party regarding a settlement of the dispute;

b. Proposals made or views expressed by the mediator; or

c. The fact that another party to the hearing had or had not indicated a willingness to accept a proposal for settlement of the dispute.

(10) The mediator may terminate the non-binding mediation session or sessions whenever, in the judgment of the mediator, further efforts to resolve the dispute would not lead to a resolution of the dispute between or among the parties. Any party to the dispute may terminate the mediation process at any time by giving written notification to the mediator and the commission. If terminated prior to reaching a resolution, the party submitting the original claim to the commission shall have no further obligation to bring its claim before the commission and may proceed by pursuing any appropriate remedies, including any and all judicial remedies.

(11) The mediator shall have no authority to require the parties to enter into a settlement of any dispute regarding the compact. The mediator may simply attempt to assist the parties in reaching a mutually acceptable resolution of their dispute. The mediator is authorized to conduct joint and separate meetings with the parties to the mediation and to make oral or written recommendations for a settlement of the dispute.

(12) At any time during the mediation process, the commission is encouraged to take whatever steps it deems necessary to assist the mediator or the parties to resolve the dispute.

(13) In the event of a proceeding seeking enforcement of the allocation formula, this compact creates a cause of action solely for equitable relief. No action for money damages may be maintained. The party or parties alleging a violation of the compact shall have the burden of proof.

(b) In the event of a dispute between any voting member and the United States relating to a state’s noncompliance with the allocation formula as a result of actions or a refusal to act by officers, agencies or instrumentalities of the United States, the provisions set forth in paragraph (a) of this article (other than the provisions of subparagraph (a)(4)) shall apply.

(c) The United States may initiate dispute resolution under paragraph (a) in the same manner as other parties to this compact.

(d) Any signatory party who is affected by any action of the commission, other than the adoption or enforcement of or compliance with the allocation formula, may file a complaint before the ACF Basin Commission seeking to enforce any provision of this compact.

(1) The commission shall refer the dispute to an independent hearing officer or mediator, to conduct a hearing or mediation of the dispute. If the parties are unable to settle their dispute through mediation, a hearing shall be held by the commission or its designated hearing officer. Following a hearing conducted by a hearing officer, the hearing officer shall submit a report to the commission setting forth findings of fact and conclusions of law, and making recommendations to the commission for the resolution of the dispute.

(2) The commission may adopt or modify the recommendations of the hearing officer within 60 days of submittal of the report. If the commission is unable to reach unanimous agreement on the resolution of the dispute within 60 days of submittal of the report with the concurrence of the federal commissioner in disputes involving or affecting federal interests, the affected party may file an action in any court of competent jurisdiction to enforce the provisions of this compact. The hearing officer’s report shall be of no force and effect and shall not be admissible as evidence in any further proceedings.

(e) All actions under this article shall be subject to the following provisions:

(1) The commission shall adopt guidelines and procedures for the appointment of hearing officers or independent mediators to conduct all hearings and mediations required under this article. The hearing officer or mediator appointed under this article shall be compensated by the commission.

(2) All hearings or mediations conducted under this article may be conducted utilizing the Federal Administrative Procedures Act, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence. The commission may also choose to adopt some or all of its own procedural and evidentiary rules for the conduct of hearings or mediations under this compact.

(3) Any action brought under this article shall be limited to equitable relief only. This compact shall not give rise to a cause of action for money damages.

(4) Any signatory party bringing an action before the commission under this article shall have the burdens of proof and persuasion.

Article XIV

Enforcement

The commission may, upon unanimous decision, bring an action against any person to enforce any provision of this compact, other than the adoption or enforcement of or compliance with the allocation formula, in any court of competent jurisdiction.

Article XV

Impacts on Other Stream Systems

This compact shall not be construed as establishing any general principle or precedent applicable to any other interstate streams.

Article XVI

Impact of Compact on Use of Water Within the Boundaries of the Compacting States

The provisions of this compact shall not interfere with the right or power of any state to regulate the use and control of water within the boundaries of the state, providing such state action is not inconsistent with the allocation formula.

Article XVII

Agreement Regarding Water Quality

(a) The States of Alabama, Florida, and Georgia mutually agree to the principle of individual state efforts to control man-made water pollution from sources located and operating within each state and to the continuing support of each state in active water pollution control programs.

(b) The States of Alabama, Florida, and Georgia agree to cooperate, through their appropriate state agencies, in the investigation, abatement, and control of sources of alleged interstate pollution within the ACF River Basin whenever such sources are called to their attention by the commission.

(c) The States of Alabama, Florida, and Georgia agree to cooperate in maintaining the quality of the waters of the ACF River Basin.

(d) The States of Alabama, Florida, and Georgia agree that no state may require another state to provide water for the purpose of water quality control as a substitute for or in lieu of adequate waste treatment.

Article XVIII

Effect of Over or Under Deliveries Under the Compact

No state shall acquire any right or expectation to the use of water because of any other state’s failure to use the full amount of water allocated to it under this compact.

Article XIX

Severability

If any portion of this compact is held invalid for any reason, the remaining portions, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force, effect, and application.

Article XX

Notice and Forms of Signature

Notice of ratification of this compact by the legislature of each state shall promptly be given by the governor of the ratifying state to the governors of the other participating states. When all three state legislatures have ratified the compact, notice of their mutual ratification shall be forwarded to the congressional delegation of the signatory states for submission to the Congress of the United States for ratification. When the compact is ratified by the Congress of the United States, the President, upon signing the federal ratification legislation, shall promptly notify the governors of the participating states and appoint the federal commissioner. The compact shall be signed by all four commissioners as their first order of business at their first meeting and shall be filed of record in the party states.
Ala. Code § 33-4-3 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-3
Section 33-4-3 Terms, Compensation and Traveling Expenses of Commissioners
Status: reserved

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

The Governor shall appoint said commissioners to hold office for six years from the dates of the expiration of their respective commissions and until their successors are qualified. The commissioners shall serve without compensation, but all traveling expenses incurred by the commissioners in the performance of their duties shall be paid out of funds in the treasury of the commission.
Ala. Code § 33-5B-11 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-11
Section 33-5B-11 Maintenance of and Access to Files
Status: in_force

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

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

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

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

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

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

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

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

(e) Except as otherwise provided by the law of this state other than this chapter, the information required under Section 33-5B-9 is a public record. The information provided under Section 33-5B-7(b)(3) is not a public record.
Ala. Code § 33-5-6.1 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-6.1
Section 33-5-6.1
Status: in_force

(a) A law enforcement officer may not stop or board a vessel for the sole purpose of performing a safety inspection or marine sanitation equipment inspection.

(b) For the purposes of this section, the term “vessel” has the meaning as defined in Section 33-5-3.
Ala. Code § 33-2-62 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-62
Section 33-2-62 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 $1,500,000.00 is in addition to the authorization in the amount of $3,000,000.00 granted by the 1957 Docks Act, and to the authorization in the amount of $3,500,000.00 granted by the 1959 Docks Act, thus bringing to the aggregate sum of $8,000,000.00 the total authorization presently and heretofore granted by the legislature pursuant to the provisions of the 1957 Docks Amendment. The use of revenues derived from operation of dock facilities shall not be deemed the incurring of cost by the state within the meaning of this section.
Ala. Code § 33-16-9 — Alabama Code / Title 33 / Chapter 16 / Section 33-16-9
Section 33-16-9 Contracts
Status: in_force

The aggregate monetary obligation that the authority may incur in connection with its contracts (other than contracts of the type described in the next succeeding paragraph) shall not at any time exceed the sum of:

(1) Any uncommitted or unencumbered moneys then appropriated to the authority by the Legislature; and

(2) Any uncommitted or unencumbered proceeds of bonds available or to become available from bonds then authorized by the authority and approved by the Governor pursuant to Section 33-16-12.

No contract which is subject to the foregoing restriction and which involves the expenditure of money, whether now or later, shall be approved or ratified by the board of directors unless the resolution approving or ratifying the same shall include a determination that there will be compliance with the preceding limitation when the amount of the obligation of the contract in question has been added to the already existing obligations of the authority. This determination by the board of directors shall be conclusive of the question of compliance.

The restriction set forth in the preceding paragraph shall not apply to any contract between the authority and the United States, or an agency thereof, pursuant to which the authority agrees to satisfy the requirements of local contribution and participation with respect to a project related to the development of the waterway. Prior to the execution of any such contract between the authority and the United States, or an agency thereof, the board of directors of the authority shall adopt a resolution approving such contract, which resolution shall include a determination that the moneys expected to be available to the authority for the payment of its monetary obligations (if any) under such contract will be sufficient to pay such monetary obligations.

Except as otherwise provided in the last paragraph of this section, all contracts of the authority for the construction, reconstruction, relocation, maintenance and operation of highways, roads and bridges, and work incidental or related thereto, and the acquisition of property necessary therefor, shall be in writing, shall be subject to the rules and regulations and shall be let under the supervision of the Highway Department and shall be subject to approval by the Governor and by the Highway Department. All work provided for in any such contract shall be supervised by the highway department. All persons engaging in the supervision or performance of any work involving highways, roads and bridges that may be done by the authority without the award of a contract therefor shall be employees of the Highway Department.

Except as otherwise provided in the last paragraph of this section, all contracts of the authority for the construction, reconstruction or relocation of any facilities or structures and all purchases of equipment by the authority shall be made on the basis of competitive bidding in the manner and according to the procedures provided in Sections 39-2-1 through 39-2-13 and 41-16-20 through 41-16-32, and any other applicable statutes.

In connection with the construction, reconstruction or relocation of highways, roads and bridges, and the acquisition of property necessary therefor, the authority may enter into contracts with the United States, or an agency thereof, pursuant to which the work related to any such construction, reconstruction or relocation shall be performed, and any property necessary therefor shall be acquired, by the United States, or an agency thereof, or by one or more contractors selected by the United States, or an agency thereof. Any such contract between the authority and the United States, or an agency thereof, shall not be subject to the requirements and restrictions (including, without limitation, the requirements with respect to competitive bidding) set forth in the two immediately preceding paragraphs of this section.
Ala. Code § 33-2-150 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-150
Section 33-2-150 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) 1969 DOCKS AMENDMENT. Amendment 288 of the Constitution of Alabama.

(2) 1967 DOCKS AMENDMENT. Amendment 274 of the Constitution of Alabama.

(3) 1957 DOCKS AMENDMENT. Amendment 116 of the Constitution of Alabama.

(4) THE STATE. The State of Alabama.

(5) THE DEPARTMENT. The Alabama State Docks Department and any department or agency of the state that may succeed to its duties.

(6) FACILITIES. Elevators, warehouses, docks, water and rail terminals, wharves, piles, quays, compresses, storm haven facilities for all types of watercraft, channels between navigable waterways of the state for the purpose of connecting such waterways and aiding the use thereof, and other related structures, facilities and improvements, that may be needed for the convenient use of the same.

(7) 1957 DOCKS ACT. Article 1 of this chapter.

(8) 1959 DOCKS ACT. Article 2 of this chapter.

(9) 1961 DOCKS ACT. Article 3 of this chapter.

(10) 1963 DOCKS ACT. Article 4 of this chapter.

(11) 1967 DOCKS ACT. Article 5 of this chapter.

(12) THE BONDS. Those issued hereunder.

(13) UNIT OF DEVELOPMENT. Any one or more facilities acquired pursuant to the provisions of either this article or the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, the 1963 Docks Act, or the 1967 Docks Act, which may be designated by the department as a unit of development for the purpose of this article; provided, that several facilities may be together designated as one unit of development only if they are contiguous to each other or closely related for the purposes of use and operation.

(14) FISCAL YEAR. The fiscal year of the department.

(15) INLAND FACILITIES. All facilities at any time acquired or constructed pursuant to the provisions of the 1969 Docks Amendment, the 1967 Docks Amendment or the 1957 Docks Amendment.

(16) OPERATING DEFICIT OF THE INLAND FACILITIES. The sum, if any there be, by which the gross revenues derived from the operation of the inland facilities during any fiscal year may be exceeded by the total of all expenses, excluding any deductions for depreciation, incurred during the same fiscal year in the operation of the inland facilities and in the maintenance thereof in good operating condition.

(17) PORT OF MOBILE FACILITIES. The facilities of all kinds known as the state docks owned by the state and operated by the department at the Port of Mobile.

(18) SURPLUS REVENUES OF THE PORT OF MOBILE FACILITIES. The gross revenues derived from operating the Port of Mobile facilities remaining at the end of any fiscal year after there shall have been deducted therefrom all expenses (excluding any deductions for depreciation), incurred during the same fiscal year in the operation of the Port of Mobile facilities and the maintenance thereof in good operating condition, and all payments required to be made during such fiscal year in order to comply with: a. sinking fund requirements for the Alabama harbor improvement bonds at the time outstanding which were heretofore issued by the state for the development of the Port of Mobile facilities, b. the obligations and agreements on the part of the department under any lease agreement at the time in effect which may have theretofore been made by the department for the rental of facilities located or for use at the Port of Mobile, and c. the obligations and agreements on the part of the department which may have been made in any order of the department providing for issuance of any securities at the time outstanding which were theretofore issued by the department or by the state and for the payment of which revenues from the Port of Mobile facilities were pledged.

The definitions herein set forth include both the singular and the plural.
Ala. Code § 33-1-30 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-30
Section 33-1-30 Establishment of Foreign Trade Zones
Status: in_force

In order to comply with the laws, rules and regulations of the federal government governing the establishment of foreign trade zones, under an act of Congress entitled “An Act to provide for the establishment, operation and maintenance of foreign trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes, approved June 18th, 1934,” or any amendments thereto, the port authority, any county or municipal governing body or any private or public corporation is authorized to establish at all ports of entry within this state foreign trade zones and to establish rules and regulations for controlling and conducting said zones. All foreign trade zones established under the provisions of this section shall comply with all federal laws and regulations dealing with the establishment and operation of foreign trade zones.
Ala. Code § 33-5B-8 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-8
Section 33-5B-8 Creation and Cancellation of Certificate of Title
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(3) receives satisfactory evidence that the vessel is a documented vessel or a foreign-documented vessel.
Ala. Code § 33-2-203 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-203
Section 33-2-203 Security for Obligations
Status: in_force

As security for the payment of any obligations agreed to in any swap agreement, as defined in subdivision (3) of Section 41-1-41, the department may pledge for payment of the obligations, all or any part of its docks facilities revenues; provided, however, that any pledge of its docks facilities revenues, in the discretion of the department, may be on parity with or subordinate to the pledge securing any of its docks facilities revenue bonds or other obligations.
Ala. Code § 33-2-35 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-35
Section 33-2-35 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 dock facilities and convenient approaches thereto in furtherance of the purposes of this article, the department shall have the power to acquire same by gift, lease, purchase, negotiation or condemnation. The department shall have all powers with respect to the condemnation of properties for the purposes of this article that were granted to that department in the 1957 Docks Act with respect to the condemnation of properties for the purposes of the 1957 Docks Act; and the exercise of such powers hereunder shall be subject to all limitations and conditions prescribed in the 1957 Docks Act.
Ala. Code § 33-4-30 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-30
Section 33-4-30 Number of Pilots; Application, Examination and Certification Required for License
Status: reserved

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

(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 to be left to the reasonable discretion of the State Pilotage Commission.

(b) The commission shall be the sole judge of the seniority and statutory qualifications of applicants to be apprenticed and branched.
Ala. Code § 33-3-5 — Alabama Code / Title 33 / Chapter 3 / Section 33-3-5
Section 33-3-5 Harbor Master and Deputy Harbor Masters - Removal; Bond; Boarding of Vessels; Records; Additional Appointments
Status: in_force

The Harbor Master and his or her deputy harbor masters shall be subject to removal by the director for cause. Before entering upon the duties of their respective offices, they shall execute to the State of Alabama a bond, to be approved by the Director, in amounts to be fixed by the director of the Alabama State Port Authority, for the faithful performance of their duties. The Harbor Master in person or by a deputy harbor master shall have the authority, but not the obligation, to board each vessel entering the harbor, as defined in this chapter, to the limits of the jurisdiction of the Alabama State Port Authority to satisfy himself or herself that such vessel is complying with the laws, rules, and regulations pertaining to the harbor and port and to obtain data for his or her record; and he or she shall keep a record of all vessels, barges, and tugboats arriving and sailing from port in foreign and coastwise trade. All vacancies as may occur shall be filled by the director, and he or she may appoint such other deputies as the business of the port may require, after examination as to their qualifications. They are to be appointed on probation for a period of 90 days, and thereafter, if found to be competent they shall become full-time employees upon their giving bond as may be required by the director. The Harbor Master and deputy harbor masters shall be subject to call at any time, day or night, to perform any duties required of them, weather conditions permitting.
Ala. Code § 33-6-6 — Alabama Code / Title 33 / Chapter 6 / Section 33-6-6
Section 33-6-6 Marine Toilets to Be Certified and Approved by Board of Health
Status: reserved

THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY ACT 2002-59, EFFECTIVE OCTOBER 1, 2003.
Ala. Code § 33-4A-6 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-6
Section 33-4A-6 Chair; Acting Chair
Status: in_force

The commissioners shall elect a chair to preside at its meetings who shall not be the bar pilot commission member. It shall be the duty of the chair to supervise the official conduct of all the officers and employees of the commission. The chair may administer official oaths to the officers and employees of the commission, except the other commissioners, and to all other persons in relation to the business of the commission. In the absence of the chair, the remaining commissioners shall select from their number an acting chair to hold office during the absence of the chair. The acting chair shall have all the power and authority possessed by the chair.
Ala. Code § 33-15-5 — Alabama Code / Title 33 / Chapter 15 / Section 33-15-5
Section 33-15-5 Initial Meeting of Board; Expenses of Directors; Quorum; Acquisition by Eminent Domain of Certain Property or Rights Not Authorized
Status: in_force

(a) As soon as may be practicable after completion of the incorporation as provided in Sections 33-15-3 and 33-15-4, the board of directors shall hold its first meeting at Red Bay, Alabama, elect a chairman, vice-chairman and secretary-treasurer, set a regular time and place for meetings of the board and attend to such other matters as may be appropriate. The chairman and vice-chairman shall be elected from the membership of the board; the secretary-treasurer may, but need not, be elected from the membership of the board.

(b) Directors shall serve without compensation, except reimbursement for actual traveling expenses and other necessary expenses incurred in the performance of their official duties, such expenses to be reimbursed from such funds as may be available to the authority.

(c) The quorum necessary for the board of directors to hold valid meetings and to take valid action or transact business shall be seven members.

(d) Nothing in this chapter shall be construed to authorize the acquisition by eminent domain of any real property or rights owned or controlled by railroads or utilities, either public or private.
Ala. Code § 33-4A-3 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-3
Section 33-4A-3 Qualifications of Commissioners
Status: in_force

All of the members of the commission, at the time of their appointment and during their respective terms of office, shall be citizens of the United States and qualified electors of the State of Alabama.
Ala. Code § 33-1-6 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-6
Section 33-1-6 Bonds Required of Certain Employees
Status: in_force

Before entering upon the duties of their respective offices, all employees of the port authority handling money or vested with discretionary powers shall execute to the State of Alabama a bond, to be approved by the board, in amounts to be fixed by the director of the port authority, for the faithful performance of their duties.
Ala. Code § 33-2-189 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-189
Section 33-2-189 Docks Facilities Revenue Bonds and Refunding Bonds - Disposition of Proceeds of Docks Facilities Revenue Bonds
Status: in_force

The department shall pay out of the proceeds from the sale of any of the docks facilities revenue bonds all expenses that the director may deem necessary or advantageous in connection with the sale and issuance of such docks facilities revenue bonds (including any discount reflected in the purchase price thereof paid to the department), including fees and disbursements of attorneys, accountants, financial advisors, consulting engineers, and other consultants, fees and disbursements of trustees and escrow agents, bond insurance premiums, printing costs, and other customary bond issuance expenses. Proceeds of any of the docks facilities revenue bonds may also be applied to pay the costs of any surety bonds or bonds that the department may cause to be deposited in a reserve account to further secure the payment of principal of, premium, if any, and interest on any docks facilities revenue bonds. The proceeds of the docks facilities revenue bonds remaining after paying the expenses of their sale and issuance and the costs of any such surety bond or bonds shall be deposited by the department in a special fund called the Docks Facilities Construction and Acquisition Account and, if so required by order of the director, with one or more trustees or escrow agents in an interest account to pay interest on docks facilities revenue bonds, and in a reserve account to further secure the payment of principal of, premium, if any, and interest on any docks facilities revenue bonds. Moneys in the Docks Facilities Construction and Acquisition Account may be invested by the department in government securities or other investments in accordance with the orders pursuant to which the docks facilities revenue bonds are issued. The Docks Facilities Construction and Acquisition Account shall be subject to be drawn on by the director, upon the approval of the Governor, but only for the purpose of paying costs of acquiring, constructing, equipping, and improving docks facilities (including the acquisition of property necessary for such acquisition, construction, and equipment and improvement) and to prepay the department’s lease obligations with respect to the industrial board project and to purchase the industrial board project. Notwithstanding any law to the contrary, moneys of the department may be used from time to time as provided by any authorizing order of the director to replenish withdrawals from any reserve account created pursuant to this section. Interest earnings derived from the investment of any proceeds of docks facilities revenue bonds shall be disposed of as may be provided by the order of the director authorizing the issuance of docks facilities revenue bonds.
Ala. Code § 33-5-25 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-25
Section 33-5-25 Collisions, Accidents, and Casualties
Status: in_force

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

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

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

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

(3) No report shall be used as evidence in any trial, civil or criminal, arising out of an accident. Notwithstanding the foregoing, upon the demand of any person who has made, or claims to have made, a report, or upon demand of any court, ALEA shall furnish a certificate showing that a specified accident report has or has not been made to ALEA solely to prove a compliance or a failure to comply with the requirements that a report be made to ALEA.
Ala. Code § 33-5B-15 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-15
Section 33-5B-15 Perfection of Security Interest
Status: in_force

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

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

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

(1) the name of the owner of record;

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

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

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

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

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

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

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

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

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

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

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

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

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

(k) A security interest in a vessel perfected under the law of another jurisdiction is perfected to the extent provided in Section 7-9A-316(d).
Ala. Code § 33-2-130 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-130
Section 33-2-130 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, 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 § 33-5-32 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-32
Section 33-5-32 Jurisdiction of Offenses; Disposition of Fines
Status: in_force

District courts of any county of this state shall have and are hereby given final jurisdiction to try and convict persons violating this chapter or the rules adopted thereunder, subject to any proper appeal; and they shall remit to the secretary, on or before the tenth day of each month, all fines and forfeitures collected by them, together with a statement of the name of the person convicted, the date of the conviction, the amount of the fine or penalty, the date of the remittance, and the specific charge.
Ala. Code § 33-6-10 — Alabama Code / Title 33 / Chapter 6 / Section 33-6-10
Section 33-6-10 Enforcement of Chapter, Rules, Etc.; Prosecutions Under Chapter; Violations and Penalties
Status: in_force

(a) This chapter and rules and orders adopted under this chapter shall be enforced by the State Board of Health and the State Department of Conservation and Natural Resources according to rules adopted by the board and department.

(b) Any person may complain under oath to a magistrate, district attorney, or grand jury concerning a violation of this chapter or of a rule adopted under this chapter and if a warrant is issued by the magistrate or district attorney, or indictment returned by a grand jury, the charge shall be tried in court to which the warrant is returnable, and the warrant may be made returnable to a district court or to the circuit court and the courts shall have original and concurrent jurisdiction of the offense, or if an indictment is returned, the circuit court shall have jurisdiction of the offense. Convicted persons may appeal as now provided by law. Whether criminal proceedings have been commenced or not, the state health officer may bring a civil action in the circuit court against the owner, operator, or person in charge of any vessel or watercraft to compel compliance with this chapter or the rules adopted under this chapter, and the circuit court shall have jurisdiction of the case.

(c) Any individual who discharges from any watercraft any sewage or litter into the waters of this state or any owner or operator of any watercraft who knowingly allows or permits discharge in violation of this chapter, or without a permit from the State Board of Health, when a permit is required, or if any person violates any rule or order adopted under this chapter, that person shall be guilty of a Class B misdemeanor and on conviction shall be punished pursuant to Section 13A-7-29, the criminal littering statute.
Ala. Code § 33-5-62 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-62
Section 33-5-62 Rulemaking Authority; Point System for Suspension or Revocation of Certifications; Violations
Status: in_force

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

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

(c) Unless otherwise provided by law, the penalty for the violation of any rule adopted under this article shall be a boating violation.
Ala. Code § 33-5-53 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-53
Section 33-5-53 Boater Safety Certification -- Application Fee; Examinations; Exemptions
Status: in_force

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

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

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

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

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

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

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

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

(f) The application fees shall be retained by the secretary and are appropriated on a continuous basis and shall be utilized and expended for boating safety or law enforcement purposes and shall not revert to the General Fund at the end of the fiscal year.
Ala. Code § 33-12-4 — Alabama Code / Title 33 / Chapter 12 / Section 33-12-4
Section 33-12-4 Election of Officers; Designating Time and Place for Meetings; Compensation and Expenses of Directors
Status: in_force

(a) Upon completion of the membership of the baord and incorporation as provided in Sections 33-12-2 and 33-12-3, the appointees and ex officio members shall meet and organize at Athens, Alabama, elect a chairman, vice-chairman and secretary-treasurer, and set a regular time and place for meetings of the board.

(b) Directors shall serve without compensation, except reimbursement for actual traveling expenses and other necessary expenses incurred in the performance of their official duties, such expenses to be reimbursed from such funds as may be available to the agency.
Ala. Code § 33-2-31 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-31
Section 33-2-31 Dock Facilities at Additional Cost of $3,500,000.00 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 $3,500,000.00, to engage in works of internal improvement by promoting, developing, constructing, maintaining and operating along navigable rivers, streams or waterways now or hereafter existing within the state, all manner of dock facilities, in aid of commerce and use of the waterways of this state, all pursuant to the provisions of the 1957 Docks Amendment. All such works, improvements and facilities shall always be and remain under the management and control of the department. The department shall be the agency of the state by which the state shall accomplish the acquisition, construction, maintenance and operation of dock facilities hereunder and shall, in general, accomplish the purposes of this article.
Ala. Code § 33-5-76 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-76
Section 33-5-76 Authority to Arrest at Scene of Boating Accident
Status: in_force

A uniformed police officer, state trooper, state law enforcement officer, state marine police officer, county sheriff, a deputy, or a member of a municipal police force, may arrest, at the scene of a boating accident, any operator of a boat or vessel involved in the accident if upon personal investigation, including information from eyewitnesses, the officer has reasonable grounds to believe that the person, by violating Section 32-5A-191.3, contributed to the accident. The law enforcement officer may arrest the person without a warrant although the officer did not personally see the violation.
Ala. Code § 33-2-8 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-8
Section 33-2-8 General Provisions Relative to Inland Waterways Improvement Bonds and Temporary Loans
Status: in_force

In order to provide funds for the purposes herein authorized, the Governor is hereby empowered to execute, with the concurrence of the director of state docks, and to sell the state’s bonds in such amounts, not exceeding in the aggregate the sum of $3,000,000.00 as may be necessary for said purposes, all under and subject to the following provisions: Said bonds shall be appropriately designated as inland waterways improvement bonds of the state. The bonds may be issued from time to time in one or more series and the bonds of each series shall be payable in substantially equal annual installments of principal and interest at such times as may be designated by the State Docks Department with approval of the Governor; provided, that the first installment of principal of the bonds of each series must mature not later than 10 years from the date of such series and the last installment of principal of the bonds of any series must mature not later than 50 years from such date; provided, that the determination by the State Docks Department that the requirements of this sentence have been complied with shall be conclusive of such compliances, and the purchasers of any of the bonds and all subsequent holders thereof shall be fully protected by such determination. Such bonds must be sold only at public sale, either on sealed bids or at public auction, to the bidder whose bid reflects the lowest net interest cost for the bonds being sold, computed to their respective maturities; provided, that if no bid acceptable to the Governor is received, all bids may be rejected; notice of each such sale shall be given by publication in either a financial journal or a financial newspaper published in the City of New York, New York and also by publication in a daily newspaper published in the State of Alabama, each of which notices must be published at least one time not less than 10 days prior to the date fixed for the sale. Such bonds shall be in denominations of $1,000.00, and multiples of $1,000.00, the number of each denomination in each lot of bonds executed to be determined by the State Docks Department with the consent of the Governor. The bonds shall be signed in the name of the state by the Governor, and the Great Seal of the State, or a facsimile thereof, shall be affixed thereto or engraved, lithographed or imprinted thereon and attested by the signature of the Secretary of State; provided, that the signature on any of the bonds of one but not both of said officials may be a facsimile signature. Any interest coupons applicable to the bonds and evidencing the payment of interest thereon shall be signed with the facsimile signature of the State Treasurer imprinted thereon. The bonds may be in either bearer or registered form either as to principal or interest or both, and the State Docks Department, with the approval of the Governor, is authorized to provide terms and conditions under which any of the bonds may be exchanged for like bonds of other denominations and may be converted from bearer bonds into registered bonds, either as to principal or interest or both, and converted from registered bonds into bearer bonds. The bonds of each series may, in the order under which they are issued, be made subject to redemption at the option of the State Docks Department on such dates and on such conditions and upon payment of such premium as may be prescribed in the order under which they are issued; provided, that each series of bonds having an installment of principal maturing more than 10 years after the date thereof shall be made subject to redemption prior to maturity, at the option of the State Docks Department, at the end of the term year following their date and semiannually thereafter, as a whole or in part in the inverse order of the numbers of the bonds of that series; and, provided further, that any redemption price required to be paid in order to effect any redemption of bonds prior to maturity shall not exceed the face value of each bond redeemed plus accrued interest thereon to the date fixed for redemption and a premium equal to one year’s interest on such bond. The bonds of each series shall bear interest at such rate or rates as may be fixed at the time of the sale thereof and shall be sold at not less than the face value thereof plus accrued interest thereon to the date of their delivery. The State Treasurer shall keep a complete record of all bonds issued under the authority of this article. Bonds issued in coupon form may be exchanged for fully registered bonds or bonds registered as to principal only. Coupon bonds and registered bonds shall be interchangeable. Upon issuance of a coupon bond for a registered bond, all matured and unearned coupons on said bond shall be by the State Treasurer first clipped from said bond and then cancelled. The Governor is authorized to prescribe regulations for the registration of bonds and the interchange of registered and coupon bonds and to fix reasonable charges for registration of bonds. The director of state docks, with the approval of the Governor, and subject to the requirements of this article, is authorized to prescribe the exact form in which bonds shall be issued and details as to terms. The State Treasurer shall keep a record of all registered bonds, including names and addresses of the respective holders thereof. Registered bonds may be transferred only by an appropriate change of registration in such manner and form as may be prescribed by the director of state docks and approved by the Governor. Interest on all registered bonds shall be payable by check or cash by the State Treasurer mailed to the address shown by the registration records. Interest on all coupon bonds and principal of all bonds shall be made payable in lawful currency of the United States at the state treasury or such other place or places as may be selected and named by the director of state docks with the approval of the Governor. Said bonds shall be emitted and sold only when and as funds are needed for the carrying out and accomplishing of a particular improvement or plan which has been submitted to and approved by the Governor as herein provided, or for the payment of temporary loans and interest under the provisions of this article. Each sale of bonds hereunder shall be for such amount as is reasonably necessary to pay interest and temporary loans as herein provided and to cover the cost of carrying out the plan or plans theretofore submitted to and approved by the Governor, it being intended to so provide that the improvement and development will be accomplished in such units or installments as the Alabama State Docks Department, with the approval of the Governor, shall allot, and to further provide that the obligations of the state hereby authorized shall be emitted only when necessary to supply the funds required for said purposes. The act of the State Docks Department and the Governor in offering any bonds for sale shall be conclusive evidence that the funds to be derived from the bond proceeds are actually needed at the time for the purposes for which bonds are herein authorized to be issued and that the proceeds of such bonds are intended only for the work of internal improvement in promoting, developing, constructing, maintaining and operating facilities along inland waterways of the State of Alabama pursuant to the provisions of the article or for payment of temporary loans and interest pursuant to the provisions of this article. Each issue of bonds shall be designated by a distinctive serial number, letter or other designation. Proceeds of all of said bonds issued and sold under the provisions hereof shall be paid into the State Treasury and kept by the State Treasurer in a separate account and in a separate fund and paid over to the Secretary-Treasurer of the State Docks Department from time to time in such amounts as shall be directed by the Governor as in his judgment the purposes of this article may require, and the money so paid over to the Secretary-Treasurer of the State Docks Department shall be held and used only for the accomplishment of the purposes of this article. The state, at the request of the State Docks Department and on approval by the Governor, may borrow from time to time such sums of money as the Governor may find to be immediately necessary in the general operation of facilities acquired pursuant to this article or in making the developments or improvements hereby authorized or for payment of interest on outstanding bonds or other indebtedness lawfully incurred; and the State Docks Department, subject to the approval of the Governor and acting by and under the director and secretary-treasurer, is hereby empowered to execute notes or like obligations of the state in its own name for all such sums so borrowed. No loans thus obtained shall be for more than six months or bear interest at a greater rate than six percent per annum, but they may be renewed from time to time as may be necessary. The proceeds of all loans so obtained shall be paid to the Secretary-Treasurer of the State Docks Department and be held and used only for the accomplishment of the purposes of this article. All temporary loans so obtained shall be repaid from and out of the proceeds of the next sale of bonds hereby authorized or other funds in the hands of the State Docks Department which may be available. At no time shall the amount of outstanding obligations of the state issued hereunder, including bonds, notes or other evidences of debt, exceed in the aggregate $3,000,000.00. The Secretary-Treasurer of the State Docks Department shall deposit such funds as are received by him as Secretary-Treasurer from time to time in such bank or banks as may be designated by the State Docks Department and approved by the Governor. The State Docks Department shall require that any bank or banks receiving such deposits shall secure the same by deposit of inland waterway improvement bonds authorized by this article or by state bonds of the State of Alabama or United States government securities. The State Docks Department and the Governor shall, if possible, require interest to be paid on such deposits carried in any bank or banks. The aggregate principal of all temporary loans made under the provisions of the article and outstanding at any one time shall not exceed $200,000.00.
Ala. Code § 33-4A-22 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-22
Section 33-4A-22 Passing Examination Entitles Apprentice Pilot to License, Etc
Status: in_force

An apprentice pilot who has successfully passed an examination for a Mobile Bay or bar pilot shall not be required to undergo or pass another examination before being entitled to his or her license or status as a Mobile Bay or bar pilot.
Ala. Code § 33-16-12 — Alabama Code / Title 33 / Chapter 16 / Section 33-16-12
Section 33-16-12 Bonds - Generally
Status: in_force

There are hereby authorized to be issued bonds of the state in aggregate principal amount not exceeding $10,000,000.00. The bonds hereby authorized shall be general obligations of the state, and the full faith and credit of the state are hereby irrevocably pledged for the prompt and faithful payment of the principal of and the interest on the bonds.

The bonds may be sold from time to time as the board of directors may deem advantageous; provided, that no bonds (other than refunding bonds) may be sold or issued unless the Governor shall have first determined that the issuance of the bonds proposed to be issued will be necessary to enable the authority to fulfill the requirements of local contribution, participation and cooperation established by the United States in connection with the waterway project. Except as hereinafter limited, the bonds may be executed and delivered at any time and from time to time, may be in such forms, denominations, series and numbers, may be of such tenor and maturities, may bear such date or dates, may be in registered or bearer form either as to principal or interest, or both, may be payable in such installments and at such time or times, may be payable at such place or places within or without the state, may bear interest at such rate or rates payable and evidenced in such manner, may contain provisions for redemption at the option of the authority at such date or dates prior to their maturity and upon payment of such redemption price or prices, and may contain such other provisions not inconsistent with the provisions of this chapter, all as shall be provided by the board of directors in the resolution or resolutions whereunder the bonds are issued. The principal of each series of the bonds shall mature in annual installments in such amounts as shall be specified in the resolution or resolutions of the board of directors under which they are issued, the first of which installments shall mature not later than one year after the date of the bonds of such series and the last of which installments shall mature not later than 20 years after the date of the bonds of the same series. Any redemption price required to be paid in order to effect any redemption of bonds prior to maturity shall not exceed the face value of each bond redeemed plus accrued interest thereon to the date fixed for redemption and a premium equal to one year’s interest on such bond. Each series of bonds having an installment of principal maturing more than 10 years after the date thereof shall be made subject to redemption prior to maturity, at the option of the state, at the end of the tenth year following their date and semiannually thereafter, as a whole or in part in the inverse order of the numbers of the bonds of that series. When each series of the bonds is issued, the maturities of the bonds of that series shall, to such extent as may be practicable, be so arranged that during each then succeeding fiscal year of the state the aggregate installments of principal and interest that will mature on all bonds that will be outstanding hereunder, immediately following the issuance of the bonds of that series, will be substantially equal; provided, that the determination by the authority that the requirements of this sentence have been complied with shall be conclusive of such compliance and the purchasers of any of the bonds and all subsequent holders thereof shall be fully protected by such determination.

None of the bonds shall be sold for less than their face value plus accrued interest thereon to the date of their delivery, and all of the bonds shall 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 computed to the respective maturities of the bonds sold; provided, that, if no bid deemed acceptable by the commission is received, all bids may be rejected. Notice of each bond sale shall be given by the authority by publication in either a financial journal or a financial newspaper published in New York, New York, and also by publication in a newspaper published in the State of Alabama, each of which notices must be published at least one time not less than 10 days prior to the date fixed for the sale. The authority shall cause such other publicity to be given of each bond sale as it may deem advisable, and it shall fix the terms and conditions under which each sale of bonds may be held; provided, that such terms and conditions shall not conflict with any of the requirements of this chapter. The authority is authorized to provide terms and conditions under which any of the bonds may be exchanged for like bonds of other denominations and may be converted from bearer bonds into registered bonds, either as to principal or interest or both as the authority may prescribe, and again converted into bearer bonds. Subject to the provisions of this chapter, the authority may from time to time sell and issue refunding bonds for the purpose of refunding any matured or unmatured bonds of the authority then outstanding.

The bonds shall not be valid unless the Governor shall approve the terms and conditions under which the bonds were authorized to be issued by the board of directors of the authority. Such approval shall be entered on the minutes of the meeting of the board of directors at which the bonds are authorized, and shall be signed by the Governor. Such approval by the Governor may be shown on any such bonds by a facsimile of his signature printed or otherwise reproduced thereon when authorization thereof is contained in the said approval signed by him.

The bonds shall be executed in the name of the state by the Governor, and the Great Seal of the State, or a facsimile thereof, shall be affixed, printed or otherwise reproduced thereon and attested by the Secretary of State. A facsimile of the signature of either, but not of both, of said officials may be printed or otherwise reproduced on any of the bonds in lieu of being manually inscribed thereon. The coupons evidencing any installments of interest on the bonds shall be executed with a facsimile of the signature of the State Treasurer printed or otherwise reproduced thereon. Each such facsimile of a signature shall be valid in all respects as if the officials the facsimiles of whose signatures are so used had signed the bonds in person. Any facsimile of the Great Seal of the State so used shall be valid in all respects as if the Great Seal of the State had been manually affixed to the bonds. In the event any official who shall sign the bonds or the facsimile of whose signature shall appear thereon shall thereafter cease to hold office before they are delivered and paid for, the bonds and the coupons applicable thereto shall nevertheless be valid for all purposes to the same extent as if the official who signed the bonds or the facsimile of whose signature appears thereon had remained in office until all of the bonds bearing such signature or facsimile thereof shall have been delivered and paid for.

The bonds and the income therefrom shall be exempt from all taxation in the state.
Ala. Code § 33-2-61 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-61
Section 33-2-61 Dock Facilities at Additional Cost of $1,500,000.00 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 $1,500,000.00, to engage in works of internal improvement by promoting, developing, constructing, maintaining and operating along navigable rivers, streams or waterways now or hereafter existing within the state, all manner of dock facilities, in aid of commerce and use of the waterways of this state, all pursuant to the provisions of the 1957 Docks Amendment. All such works, improvements and facilities shall always be and remain under the management and control of the department. The department shall be the agency of the state by which the state shall accomplish the acquisition, construction, maintenance and operation of dock facilities hereunder and shall, in general, accomplish the purposes of this article.
Ala. Code § 33-15-4 — Alabama Code / Title 33 / Chapter 15 / Section 33-15-4
Section 33-15-4 Composition of Board of Directors; Appointment, Qualifications and Terms of Members; Vacancies in Office
Status: in_force

The board of directors of the authority shall consist of 14 members, designated herein as directors, as follows:

(1) The governing body of each of the Counties of Marion, Colbert, Franklin, and Winston shall appoint a director of the authority who shall be a person residing in the county whose governing body makes the appointment and who shall be active in municipal, industrial, agricultural, commercial, or citizen organizations engaged in promoting comprehensive and unified development of the resources of the Bear Creek Watershed as a basis for its general economic growth. The term of office of each director so appointed shall be six years, the term of the first directors so appointed to commence on the date on which there shall be filed with the Judge of Probate of Franklin County the certificate of incorporation provided for in Section 33-15-3. The governing body of each of the above-named counties shall appoint successors to the first director so appointed by it, and any vacancy in the office of a director so appointed by it shall be filled by the same governing body by another appointment for the unexpired term.

(2) Each Governor of Alabama shall appoint a director at large to serve during the term of office of the Governor making the appointment. Any vacancy in the office of a director so appointed shall be filled by appointment by the same Governor for the unexpired term.

(3) The mayor or other chief executive officer of each of the municipalities of Red Bay, Vina, Hodges, Hackleburg, Bear Creek, Haleyville, Phil Campbell, Russellville, and Cherokee and their successors shall serve as directors during the respective term of office of such mayor or other chief executive officer.
Ala. Code § 33-3-2 — Alabama Code / Title 33 / Chapter 3 / Section 33-3-2
Section 33-3-2 Powers to Regulate Anchorage, Etc
Status: in_force

The Alabama State Port Authority through its Harbor Master and deputy harbor masters shall have full power to regulate shifting, removal, anchorage, berthage, and moorage, and the position of all vessels, rafts, and other watercraft while in the harbor and port, as defined in this chapter, and their movements into and out thereof, and to require vessels to accommodate other vessels as the circumstances warrant, and as the general convenience, safety, and good order may require, with the actual shifting of such vessels to be performed by duly licensed harbor pilots only within the limits of the Mobile inner harbor as defined in Section 33-3-1.
Ala. Code § 33-7-50 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-50
Section 33-7-50 Installing, Etc., Wharves, Docks, Etc.; Charging Tolls
Status: in_force

The owner of riparian lands upon navigable waters in the State of Alabama may install in front of their respective riparian lands wharves, docks, warehouses, sheds, tipples, chutes, elevators, conveyors and the like for receiving, discharging, storing, protecting, transferring, loading and unloading freight and commodities of commerce to and from vessels and carriers, and may use their riparian lands in connection therewith and dredge out and deepen the approaches thereto, and may charge and collect reasonable tolls for the use thereof. All such structures are to be subject to such lines and limitations as may at the time of making such improvements be laid or placed by any authority of the United States, or of the State of Alabama, who may have authority to control harbor and pier lines.
Ala. Code § 33-2-202 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-202
Section 33-2-202 Short-Term Obligations
Status: in_force

The department, from time to time, may enter into or execute and deliver short-term obligations. Any short-term obligations shall not be general obligations of the department, but shall be payable solely from docks facilities revenues and shall be subject to repayment in not more than three years; provided, that the department may refinance or renew any short-term obligations from time to time. As security for the payment of any short-term obligations, the department is hereby authorized and empowered to pledge for payment of the short-term obligations, all or any part of its docks facilities revenues; provided, however, that any pledge of its docks facilities revenues, in the discretion of the department, may be on parity with or subordinate to the pledge securing any revenue bonds or other obligations of the department.
Ala. Code § 33-17-7 — Alabama Code / Title 33 / Chapter 17 / Section 33-17-7
Section 33-17-7 Duties and Obligations Which May Be Undertaken
Status: in_force

The authority may undertake and discharge the duties and obligations set forth in this section as follows:

(1) In connection with the waterway, the authority may do or cause to be done the following:

a. Construct, maintain and operate all highway bridges necessitated by the waterway and construct and maintain all highway relocations and alterations necessitated by the waterway;

b. Construct and maintain all alterations in sewer, water supply and drainage facilities necessitated by the waterway;

c. Assume any increased cost necessitated by the waterway in connection with maintaining and operating utility crossings.

It is the intention of the Legislature to make the scope of foregoing duties and obligations which may be undertaken by the authority commensurate with the corresponding requirements of local contribution and participation established by the River and Harbor Act of 1946, 60 Statutes at Large 634, 79th Congress, 2nd Session (1946), in accordance with House Document No. 486, 79th Congress, 2nd Session (1946).

(2) In connection with the flood control project, the authority may do or cause to be done the following:

a. Provide all lands, easements and rights-of-way necessary for construction of the proposed improvements;

b. Make all changes, additions and relocations in roads, highway bridges and utilities necessitated by the flood control project;

c. Hold and save the United States free from all tort claims arising out of the construction of the proposed improvements;

d. Undertake all proceedings, prosecutions and civil actions necessary to prevent encroachments in the improved channels of streams involved in the flood control project;

e. Maintain all of the proposed improvements in accordance with regulations prescribed by the Secretary of the Army;

f. Contribute in cash or equivalent work, in addition to the foregoing items, an amount to be determined by the Chief of Engineers of the United States Army as the cash contribution required of local interests for improvements made in Alabama; provided, that the amount contributed shall not exceed $750,000.00.

It is the intention of the Legislature to make the scope of foregoing duties and obligations which may be undertaken by the authority commensurate with the corresponding requirements of local contribution and participation established by the Flood Control Act of 1958, 72 Statutes at Large 297, 85th Congress, 2nd Session (1958), in accordance with House Document No. 167, 84th Congress, 1st Session (1955).
Ala. Code § 33-9-1 — Alabama Code / Title 33 / Chapter 9 / Section 33-9-1
Section 33-9-1 “Deep Draft Harbor and Terminal” Defined
Status: in_force

For the purpose of the compact set out in this chapter, the term “deep draft harbor and terminal” means a structure, series of structures or facility of any type located on the continental shelf off the coast designed to accommodate deep draft vessels whose draft is greater than the depths of the present United States harbors and waterways commonly used by oceangoing traffic, and includes all functionally related structures and facilities which are necessary or useful to the operation of the terminal whether on land or seaward of the main structure or facility.
Ala. Code § 33-17-8 — Alabama Code / Title 33 / Chapter 17 / Section 33-17-8
Section 33-17-8 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 by any other lawful means, any property, whether real, personal or mixed, the acquisition of which is found by the board to be necessary or convenient to the authority in the carrying out of the purposes for which the authority is authorized to be organized, and to lease or convey any such property or to cause any such property to be leased or conveyed to the United States, the state, any county or municipality in the state, or to any agency, department or instrumentality of any of such political entities, or to any public or private corporation, individual or other private entity, or to grant to any of the aforesaid entities an option to lease or purchase any such property for specified rentals or for a specified purchase price, (i) for any purpose for which the authority is authorized to be organized or (ii) for the purpose of disposing of such property because such property is not needed in the direct operations of the authority or because such property, in the judgment of the board, can be developed or utilized to the greater benefit of the state and its citizens if it is so leased or conveyed by the authority to another entity or if an option to lease or purchase the same is granted by the authority to another entity; provided, that any lease or sale (or any option respecting the lease or sale) of any property of the authority to any entity other than the state or a public corporation that is an agency or instrumentality of the state shall be made or granted only for fair value and pursuant to a resolution of the board containing findings as to such fair value and as to the absence of the authority’s need for the property or as to the public benefits to be achieved by disposition of the property; provided further, that any such leasing, sale or granting of an option to any county or municipality or any agency, department or instrumentality of any such political entity may be made at a private or public sale or by private negotiation as the board deems to be in the best interests of the state and its citizens; and provided further, however, that, unless the terms of any such lease provide that the net monetary proceeds therefrom must be applied for the improvement of the property to be leased, the net monetary proceeds received by the authority from any lease or sale of any such property and the net monetary proceeds received by the authority from the granting of an option to lease or purchase the same shall be paid into the State Treasury (i) to be used toward retirement of any bonds that may have been issued by the state or any instrumentality of the state and proceeds of which were used to pay for the acquisition of such property by the authority or for improvements to such property, or (ii) if no such bonds are outstanding, then for deposit into the general funds;

(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 and the flood control project;

(8) To supervise the sale of general obligation bonds of the state subject to the provisions of Section 33-17-12 and to expend the proceeds of the said bonds in discharging its duties and obligations in connection with the waterway and the flood control 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 enter into agreements with the Tennessee-Tombigbee Waterway Development authority for the performance by the administrative staff of that agency of administrative functions of the authority for such periods and on such terms as the board of directors shall deem advisable; and

(12) To delegate, subject to the provisions of Section 33-17-10, 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 § 33-2-165 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-165
Section 33-2-165 Revocation 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.
Ala. Code § 33-2-181 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-181
Section 33-2-181 Authorization to Issue Docks Facilities Revenue Bonds
Status: in_force

The department, with the approval of the Governor, may from time to time and at any time, issue its docks facilities revenue bonds in such aggregate principal amounts as the department, with the approval of the Governor, may determine to be advisable, for the purpose of providing funds for the acquisition, construction, equipment or improvement of docks facilities, together with the expenses incident to the authorization, issuance and sale of such docks facilities revenue bonds. The cost of so acquiring, constructing, equipping and improving such docks facilities shall be deemed to include interest that will either accrue or become payable on the docks facilities revenue bonds issued therefor during the period required for the acquisition, construction, equipment and improvement of such docks facilities, plus a period not exceeding six months after the completion thereof. The powers conferred on the department by this article are in addition to all powers heretofore conferred on the department by the Constitution and laws of Alabama.
Ala. Code § 33-1-33 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-33
Section 33-1-33 Failure to Remove Dangerous Vessels on Order of Port Authority
Status: in_force

Any owner or any agency in control of any vessel that is anchored, moored, or made fast to the shore when the same is in bad repair, liable to sink, liable to pollute adjacent water or determined to be a substantial threat to pollute adjacent water, or deemed to be a derelict vessel, or in violation of any law or regulation, who fails to remove it from the harbor to a designated place when directed to do so by an accredited agent of the port authority, shall be guilty of a Class A misdemeanor and shall be fined not exceeding five thousand dollars ($5,000) and may also be imprisoned for not more than one year. The offender shall be guilty of a new and similar offense and subject to the same penalty for each 48 hours that elapses after the order to remove the vessel from the harbor or seaport is served. Any fines so collected shall be paid to the port authority and by it placed to the credit of the operating fund.
Ala. Code § 33-5-66.1 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-66.1
Section 33-5-66.1 Appearance Upon Arrest for an Offense Committed on the Waters of the State
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

(h) When a person is arrested or charged with an offense described in subsection (g), the arresting officer shall take the person before the nearest or most accessible magistrate.
Ala. Code § 33-2-33 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-33
Section 33-2-33 Authority to Acquire, Construct, Maintain, Etc., New Facilities; Completion of Facilities Acquired Under 1957 Act; Plans and Survey; Approval of Governor; Permit or Consent from Federal Authorities
Status: in_force

The state, acting through the department, shall, in engaging in the works of internal improvement authorized by this article, have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip, control and operate along navigable rivers, streams or waterways now or hereafter existing within the state, and at river ports or landings along such navigable rivers, streams or waterways, dock facilities of all kinds, in aid of commerce and use of navigable waterways of the state, to the fullest extent practicable and to such extent as the department shall deem desirable or proper. The authority herein granted shall include the completion of any dock facilities originally acquired under the provisions of the 1957 Docks Act, and also the dredging of approaches to any dock facilities acquired, erected, maintained or operated pursuant to this article or the 1957 Docks Act. Before the department shall exercise the authority vested in it hereby with respect to any dock facilities or any dredging of the approaches thereto, the department shall first submit plans, including estimates of cost, prepared by competent engineers or architects, and a survey made by competent independent and professional engineers showing the economic feasibility of the proposal envisaged by such plans, to the Governor for his approval or disapproval. In the event of the Governor’s disapproval, the plans shall either be abandoned or be revised and again submitted to the Governor for his approval or disapproval. Prior to the commencement of any construction, dredging or other work hereunder for which a permit from, or the consent of, any United States authorities may be required by law, the department shall obtain the requisite permit or consent.
Ala. Code § 33-6A-3.1 — Alabama Code / Title 33 / Chapter 6A / Section 33-6A-3.1
Section 33-6A-3.1 Use on Specified Lakes of Houseboats, Vessels of Large Size, and Vessels with Certain Speed Ratings
Status: in_force

(a) The prohibitions in this section shall apply only to the following lakes: Lake Harris (Lake Wedowee), Lake Martin, and Weiss Lake.

(1) Except as authorized under subsection (d), beginning July 1, 2007, the use of houseboats shall be prohibited. The term houseboat shall include any residence boat as defined in subdivision (6) of Section 33-6A-1 or any recreational vessel that constitutes a fully equipped dwelling similar in content to a mobile home, with a marine sanitation device, galley, and sleeping quarters.

(2) Beginning October 1, 2006, the use of recreational vessels greater than 26 feet 11 inches in length and rated by the manufacturer for or capable of a top speed in excess of 60 miles an hour shall be prohibited.

(3) Except as authorized under subsection (d), beginning July 1, 2007, the use of recreational vessels greater than 30 feet 6 inches in length, as determined by the straight line distance between the ends of the boat, excluding bowsprits, outboard motor brackets, rudders, or other attachments, shall be prohibited.

(b) Vessels used for law enforcement, public safety, search and rescue, scientific research, or dam operation or maintenance or medical vessels shall be excluded from the prohibitions in this section.

(c) Sailboats equipped with a mast and sails that are dependent upon the wind for propulsion in the normal course of operation shall be excluded from the prohibitions in this section.

(d) The department shall adopt rules pursuant to the Alabama Administrative Procedure Act within six months of July 1, 2006, authorizing the use of vessels otherwise prohibited by this section in the following circumstances:

(1) Vessels needed for use on a temporary basis.

(2) Houseboats that were licensed and in use on July 1, 2006, provided, that they meet all applicable standards for sewage discharges, are moored at a marina or other facility with a certified pump-out station or other approved means of sewage disposal, and are inspected annually.

(3) Boats exceeding 30 feet 6 inches in length not to include any boat covered by subdivision (2) of subsection (a) that was licensed and in use or that was on site and available for sale at a marina located on one of the lakes referenced in subsection (a) on July 1, 2006.

(e) A permit issued under subsection (d) shall specify the lake where continued use of the vessel is authorized and shall not be transferable to any other lake referenced in subsection (a). Each permit issued under subsection (d) shall have a term of one year and shall be issued on or after the annual inspection of the vessel, if required. The department may charge and collect a fee sufficient to cover the reasonable anticipated costs for annual inspections and permit issuance under subsection (d).
Ala. Code § 33-5-80 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-80
Section 33-5-80 Exemption for Law Enforcement Officers While Performing Their Duties
Status: in_force

Law enforcement officers while performing their duties shall be exempt from this article while enforcing the speeding and regulatory laws pursuant to this article. No law enforcement officer shall be personally exempt from Section 32-5A-191.3.
Ala. Code § 33-10-21 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-21
Section 33-10-21 Contracts for Public Utilities
Status: in_force

The commission may contract with any agency, public or private, to provide for public utilities on such terms as are agreed upon. The commission and the respective utilities may contract for the financing, construction and extension of sewerage, water, drainage, electricity, gas and other necessary public utilities in and through said development.
Ala. Code § 33-5A-4 — Alabama Code / Title 33 / Chapter 5A / Section 33-5A-4
Section 33-5A-4 Liens and Fees; Sale
Status: in_force

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

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

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

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

c. The notification and advertisement costs incurred.

d. The costs incurred in selling the vessel.

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

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

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

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

(6) Prior to a sale under this section, notice of the sale shall be given by publication once a week for two successive weeks in a newspaper of general circulation in the county in which the sale is to be held. Notice shall be in a manner prescribed by the agency and shall include all of the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Any other records as required by the agency.
Ala. Code § 33-1-22 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-22
Section 33-1-22 Acquisition of Property and Rights-of-Way
Status: in_force

For the acquiring of rights-of-way and property necessary for the construction of terminal railroads and structures, including railroad crossings, wharves, piers, docks, quays, grain elevators, cotton compresses, warehouses, and other riparian and littoral terminals and structures and approaches thereto needful for the convenient use of rights-of-way and property, the port authority may acquire the rights-of-way and property by purchase, by negotiation or by condemnation.
Ala. Code § 33-5-74 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-74
Section 33-5-74 Markers, Signs, and Buoys; Mooring or Fastening Vessel Prohibited; Damaging, Altering, or Moving Prohibited; Violations
Status: in_force

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

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

(c) Any person who violates this section shall be guilty of a boating violation and shall be fined not less than one hundred dollars ($100).
Ala. Code § 33-5-68 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-68
Section 33-5-68 Application Fee; Retention by Department
Status: in_force

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

(b) The secretary shall issue proper receipts for the application fee. The application fees are appropriated on a continuous basis to ALEA and shall be retained by the department and utilized for boating safety or law enforcement purposes and shall not revert to the State General Fund at the end of each fiscal year.
Ala. Code § 33-1-37 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-37
Section 33-1-37 Safety Incentive Program
Status: in_force

The Director of the Alabama State Port Authority, to promote a safe working environment, may expend funds from fees collected by the port authority or from funds appropriated to the port authority in an amount not to exceed fifty thousand dollars ($50,000) per fiscal year to provide incentives or as awards to employees for maintaining sustained safe work conditions in all operating areas of the docks in a manner as the director deems appropriate. All funds expended under this section shall be subject to audit and accounting as required by law.
Ala. Code § 33-2-213 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-213
Section 33-2-213 Use of Amounts Transferred
Status: in_force

Any provision of or implication in this article to the contrary notwithstanding, no amount transferred and paid to the Alabama State Port Authority pursuant to this article may be pledged by the port authority to pay principal of or interest on any bonds or other obligations issued by or for the benefit of the port authority; nor shall this article be deemed to constitute a contract between the state or the port authority and the holders of any bonds or other obligations heretofore or hereafter issued by or for the benefit of the port authority, it being understood as follows:

(1) That no holders shall be deemed beneficiaries of this article or any of the appropriations, payments or transfers provided for herein (which such appropriations shall be subject to proration in accordance with law).

(2) That the amounts herein appropriated and ordered transferred and paid to or for the benefit of the port authority constitute mere voluntary payments by the state to or in aid of the port authority.
Ala. Code § 33-2-158 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-158
Section 33-2-158 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, in promoting and aiding in the commercial flow of agricultural products within the state or in aid of commerce and use of the waterways of the state, all manner of elevators, facilities, warehouses, docks, water and rail terminals and other structures and facilities and improvements needful for the convenient use of the same. The cost of acquiring any facilities that may be acquired with the proceeds of bonds issued under this article shall be deemed to include, inter alia, (1) fees of engineers and attorneys and other expenses incidental to such acquisition; and (2) the cost of issuing those of the bonds that may be issued to provide funds for such acquisition. The proceeds derived from the sale of any refunding bonds issued hereunder shall be used only as provided in section 33-2-161.
Ala. Code § 33-5-52 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-52
Section 33-5-52 Boater Safety Certification -- Required; Expiration and Renewal; Exemptions
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) A violation of this section is a boating violation.
Ala. Code § 33-2-194 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-194
Section 33-2-194 Docks Facilities Revenue Bonds and Refunding Bonds - Covenant by Department to Maintain Charges and Other Fees
Status: in_force

For the benefit of the holders from time to time of the docks facilities revenue bonds and the refunding bonds herein authorized, and in order to secure maximum prices for said bonds, and in consideration of the purchase and acceptance of said bonds by such holders, the department may, in any order of the director authorizing the issuance of docks facilities revenue bonds or refunding bonds, irrevocably covenant and agree that while any of such docks facilities revenue bonds or refunding bonds are outstanding and unpaid, all charges, including special handling and processing charges, tariffs, surcharges, and other fees of the department shall be maintained at such levels as the department shall specify.
Ala. Code § 33-15-6 — Alabama Code / Title 33 / Chapter 15 / Section 33-15-6
Section 33-15-6 Powers, Duties and Functions Generally
Status: in_force

The general powers, duties and functions of the authority shall be as follows:

(1) GENERAL. The authority:

a. Shall have perpetual succession in its corporate name;

b. May bring civil actions and have civil actions brought against it in its corporate name;

c. May adopt, use, and alter a corporate seal, which shall be judicially noticed;

d. May enter into such contracts and cooperative agreements with federal, state and local governments, with agencies of such governments and with private individuals, corporations, associations and other organizations, including the Bear Creek Watershed Association, Inc., whether organized under the laws of Alabama or of another state, as the board may deem necessary or convenient to enable it to carry out the purposes of this article, which authorization shall include without limitation contracts and cooperative arrangements with any of the several states and with counties and municipalities in and agencies of such states;

e. May adopt, amend and repeal bylaws;

f. May appoint managers, officers, employees, attorneys and agents as the board deems necessary for the transaction of its business, fix their compensation, define their duties, and require bonds of such of them as the board may determine; the salaries of any such employees to be paid out of such funds as may be available to the authority from any source;

g. May institute legal proceedings in any court of competent jurisdiction and proper venue; provided, that no civil action may be brought against the authority nor may the authority be subjected to a counterclaim or cross-claim in any court other than the courts of Franklin County, Alabama; and provided further, that no civil action may be brought against the officers, directors, agents or employees of the authority nor may they or any of them be subjected to a counterclaim or cross-claim for actions in behalf of the authority in any court other than the courts of Franklin County, Alabama; and provided further, that no claim or cause of action, based wholly or in part upon allegations which call into question the validity of the authority, shall be heard or adjudicated in any court other than the courts of Franklin County, Alabama; and

h. May appoint park rangers to enforce rules and regulations including those of Section 33-15-7(c) in regard to property owned or under the jurisdiction of the Bear Creek Development Authority; to grant this authority to any conservation enforcement officer; and to give said rangers and officers the power and authority of deputy sheriffs to arrest without warrant and carry before the district court of the county which has jurisdiction over the Bear Creek Development Authority any person violating any of the laws of this state or the rules and regulations prescribed by the Bear Creek Development Authority while on the property of such authority.

(2) FORMULATION AND EXECUTION OF DEVELOPMENT PLANS. The authority is authorized to:

a. Investigate the resources of the Bear Creek Watershed and determine the requirements for its full development and for control and development of its stream system as an integral part of the economy of the area;

b. Develop and carry out a unified, comprehensive program of resource development designed to encourage and assist the economic growth of the area, which program shall not be inconsistent with official programs for statewide economic development;

c. Provide for the construction of water control structures, channel improvements and other facilities for navigation, drainage, irrigation, water conservation and supply, industrial development, recreation and related purposes, as a part of comprehensive plans;

d. Arrange with the state and with any city, county, municipality or supplier of utilities for the abandonment, relocation or other adjustments of roads, highways, bridges and utility lines; and

e. In making investigations and in formulating and executing development plans, seek and utilize the assistance of appropriate federal, state and local agencies and of private citizens and citizen organizations and, in aid of such activities, accept loans, grants or other assistance from federal, state and local governments or from agencies of such governments, and make contracts and execute instruments containing such terms, provisions and conditions as the board in its discretion deems to be necessary, proper or advisable for the purpose of obtaining such loans, grants or other assistance.

(3) LAND ACQUISITION. The authority may acquire by purchase, construction, lease, gift, condemnation or otherwise property of any kind, real, personal or mixed, or any interest therein, that the board deems necessary or convenient to the exercise of its powers or functions; provided, that acquisition by condemnation shall be limited to lands, rights in land, including leaseholds and easements, and water rights in the Bear Creek Watershed that the board determines to be necessary to the control and optimum development of Bear Creek and its tributaries, including such lands adjacent to or in the immediate vicinity of water control reservoirs as the board determines to be necessary to assure full development and optimum use of such reservoirs for the purposes of navigation, water conservation and supply, flood control, irrigation, industrial development, public recreation and related purposes. The amount and character of the interests in land, rights in land and water rights to be acquired in such area shall be determined by the board of directors, and its determination shall be conclusive. The authority’s power of eminent domain may be exercised under Title 18 and any amendments thereto or pursuant to any other general statutory provisions hereafter enacted for the exercise of the power of eminent domain. The authority is expressly authorized to acquire by condemnation or otherwise and hold for resale or lease to private or other industrial organizations land or interests in land in the Alabama portion of the Bear Creek Watershed that it determines to be suitable for industrial uses, and such acquisition is hereby declared to be for the public purpose of the state’s industrial development and for the increase of industrial employment opportunities.

(4) MANAGEMENT AND OPERATION. The authority may:

a. Enter into contracts with the United States, with the several states and with individuals, private corporations, associations, municipalities and other public agencies or political subdivisions of any kind, for the sale of water for municipal, domestic, agricultural or industrial use, or for the sale of any other services, facilities or commodities that the authority may be in a position to supply;

b. Acquire and develop reservoirs and shoreline lands and provide for their operation for industrial, recreational and other uses directly or by concessionaires, licensees, lessees or venders of shoreline lands;

c. Sell or lease shoreline lands, or any interest therein, in connection with development of the stream system, for uses consistent with the authority’s development plan and subject to such restrictions as the authority deems necessary for reservoir protection and subject to such requirements as to character of improvements and activities and the time within which such improvements or activities shall be undertaken as the authority deems appropriate to its overall development plan;

d. Acquire or operate shoreline lands of reservoirs owned by the United States of America as the agent of the federal agency having custody and control thereof under appropriate agreements with such agencies;

e. Acquire, construct or operate such other facilities or works of improvement as are necessary to effectuate plans for the comprehensive development of the area;

f. Make and enforce reasonable rules and regulations governing the use of any facilities and other property owned, controlled or operated by the authority;

g. Provide for such insurance as the board may deem advisable; and

h. Fix and revise from time to time reasonable rates, fees and other charges for the sale of water for municipal, domestic, agricultural or industrial use, or for the sale of any other services, facilities or commodities that the authority may be in a position to supply.

(5) FINANCING. The authority may:

a. Sell and issue its bonds from time to time in order to provide funds for any corporate function, use or purpose, all such bonds to be payable solely out of the revenues derived from the facilities and other property of the authority or out of the revenues of any particular facilities and other property of the authority; and

b. Secure such bonds by a pledge of all or any of the revenues which may now or hereafter come to the authority from any source, by a mortgage or deed of trust covering the authority’s land or any part thereof, or under the provisions of a trust indenture, or by a combination of one or more thereof; provided, that all obligations created or assumed and all bonds issued by the authority shall be solely and exclusively obligations of the authority and shall not create an obligation or debt of the state or of any county or municipality.
Ala. Code § 33-2-11 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-11
Section 33-2-11 Faith and Credit of State Pledged to Payment of Bonds
Status: in_force

For the payment of both the principal and interest of all bonds issued under the authority of this article according to their tenor, the full faith and credit of the State of Alabama is hereby pledged. If the funds supplied by the Alabama State Docks Department to the State Treasurer from the sources prescribed by this article are insufficient to fully pay at maturity any installment of interest on said bonds or to pay at maturity the principal of said bonds, then the deficiency shall be paid by the State Treasurer from any funds in the state treasury not otherwise appropriated.
Ala. Code § 33-1-26 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-26
Section 33-1-26 Power of Port Authority to Fix Charges for Use of State Facilities; Charges for Use of Private Facilities
Status: in_force

In order to enable the port authority to earn funds to pay operating expenses and interest on the bonds and to create a sinking fund for the retirement of the bonds, the port authority shall have the right and power to fix from time to time reasonable rates of charges for all services and for the use of all improvements and facilities provided under the authority of this chapter; and schedules of all rates so fixed shall be filed with the State Public Service Commission within seven days after the fixing thereof. All private concerns, corporations or individuals operating similar facilities at Alabama seaports must make and collect charges which shall be not less than the charges so fixed by the department for the use of the state’s facilities.
Ala. Code § 33-6-7 — Alabama Code / Title 33 / Chapter 6 / Section 33-6-7
Section 33-6-7 On-Shore Trash Receptacles at Marinas, Etc
Status: in_force

The owner or whoever is lawfully vested with the possession, management and control of a marina or other waterside facility used by watercraft for launching, docking, mooring and related purposes shall be required to have trash receptacles or similar devices designed for the depositing of trash and refuse at locations where they can be conveniently used by watercraft occupants, and such trash and refuse shall be disposed of in accordance with rules and regulations adopted hereunder.
Ala. Code § 33-5-20 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-20
Section 33-5-20 Special Agents to Sell Boat Licenses
Status: in_force

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

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

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

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

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

(e) Any special agent selling licenses in excess of the cost of licenses as herein specified shall be guilty of a Class C misdemeanor.
Ala. Code § 33-7-10 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-10
Section 33-7-10 Mobile Harbor - Fastening Vessels, Rafts, Etc., and Obstructing Channel in Mobile Bay
Status: in_force

Any person who makes any vessel, boat or watercraft of any description, or any raft or collection of logs, lumber or timber, fast to any beacon or light stake or piling which may be of any use or benefit in making use of the dredged channel in the Bay 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 $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
Ala. Code § 33-1-5.2 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-5.2
Section 33-1-5.2 Life and Health Insurance for Certain Salaried Officers and Employees of State Docks
Status: in_force

(a) The Alabama State Port Authority may provide and establish a plan of life and health insurance for the salaried officers and employees of the port authority who work full time for the port authority and receive their compensation on a bi-weekly basis and also a plan of health insurance for the spouses and dependent children of officers and employees and to pay the costs and premiums of life and health insurance from the revenues of the port authority.

(b) The health insurance plan may provide for group hospitalization, surgical, medical , and dental insurance against the financial costs of hospitalization, surgical, medical , and dental treatment and care, and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital in-patient and out-patient service benefits, including major medical benefits, or other coverage or benefits as may be deemed appropriate and desirable by the port authority. The life insurance plan shall be a group plan with the face amount of the life insurance coverage on salaried officers and employees limited to amounts as may be deemed appropriate and desirable by the port authority.

(c) The port authority may execute a contract or contracts to provide the benefits under the life and health insurance coverage provided by this section. The contract or contracts may be executed with one or more agents or corporations licensed to transact life and health insurance business in this state. The benefits to be provided under this section may be included in one or more similar contracts issued by the same or different companies. Before entering into any contract , the port authority shall invite competitive bids from qualified insurers who wish to offer plans for the life and health insurance coverage provided by this section.

(d) The benefits provided for in this section shall not exceed the benefits provided to employees of the port authority subject to collective bargaining agreements.

(e) Regardless of whether the port authority provides, establishes, and funds an alternate health insurance plan under this section, the port authority shall pay to the State Employees’ Insurance Fund the monthly employer contribution as defined by Section 36-29-1 for each of its full-time employees, whether Merit, non-merit, or exempt.
Ala. Code § 33-5-69 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-69
Section 33-5-69 Flotation Device; Exceptions
Status: in_force

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

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

(c) Any person who violates the requirements of this section shall be guilty of a boating violation.
Ala. Code § 33-2-152 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-152
Section 33-2-152 Authority to Acquire, Construct, Maintain, Etc., New Facilities; Completion of Facilities Acquired Under Earlier Acts; Plans and Survey; Approval of Governor; Permit or Consent from Federal Authorities
Status: in_force

The state, acting through the department, shall, in promoting and aiding the commercial flow of agricultural products within the state, or in aid of commerce and use of the waterways of the state, in engaging in the works of internal improvement authorized by this article, have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip, control and operate facilities of all kinds within the state or along navigable streams and waterways of the state, to the fullest extent practicable and to such extent as the department shall deem desirable or proper. The authority herein granted shall include the completion of any dock facilities originally acquired under the provisions of the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, the 1963 Docks Act, or the 1967 Docks Act; and also the dredging of approaches to any dock facilities, acquired, erected, maintained or operated pursuant to this article, or the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, the 1963 Docks Act, or the 1967 Docks Act. Before the department shall exercise the authority vested in it hereby with respect to any facilities or any dredging of the approaches thereto, the department shall first submit plans, including estimates of cost, prepared by competent engineers or architects, and a survey made by competent independent and professional engineers showing the economic feasibility of the proposal envisaged by such plans, to the Governor for his approval or disapproval; and, in the event of the Governor’s disapproval, the plans shall either be abandoned or be revised and again submitted to the Governor for his approval or disapproval. Prior to the commencement of any construction, dredging or other work hereunder for which a permit from, or consent of, any United States authorities may be required by law, the department shall obtain the requisite permit or consent.
Ala. Code § 33-4A-25 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-25
Section 33-4A-25 Bond of Pilot - Required; Amount; Conditions; Renewal
Status: in_force

Before receiving his or her branch, the bar pilot must make and deliver to the commissioners a bond payable to the chair of the commission and his or her successors, in the penal sum of two thousand dollars ($2,000) with surety to be approved by the commissioners, and with conditions faithfully to perform his or her duties as bar pilot; and this bond must be renewed every six years.
Ala. Code § 33-6A-7 — Alabama Code / Title 33 / Chapter 6A / Section 33-6A-7
Section 33-6A-7 Public Education Program
Status: in_force

The department is hereby authorized to undertake and to enlist the support and cooperation of all agencies, political subdivisions, and organizations in the conduct of a public education program designed to inform the public of the undesirability of depositing untreated sewage, trash, litter, and other materials in the waters of this state and of the penalties provided by this chapter for such action, and to use funds provided by the Legislature for this purpose. The department is further authorized to utilize all means of communication in the conduct of this program.
Ala. Code § 33-5B-12 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-12
Section 33-5B-12 Action Required on Creation of Certificate of Title
Status: in_force

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

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

(c) Before the office creates an electronic certificate of title, any written certificate for the vessel must be surrendered to the office. If the office creates an electronic certificate, the office shall destroy or otherwise cancel the written certificate for the vessel which has been surrendered to the office and maintain in the files of the office the date and time of destruction or other cancellation. If a written certificate being canceled is not destroyed, the office shall indicate on the face of the certificate that it has been canceled.
Ala. Code § 33-2-93 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-93
Section 33-2-93 Authority to Acquire, Construct, Maintain, Etc., New Facilities; Completion of Facilities Acquired Under Earlier Acts; Plans and Survey; Approval of Governor; Permit or Consent from Federal Authorities
Status: in_force

The state, acting through the department, shall, in engaging in the works of internal improvement authorized by this article, have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip, control and operate along navigable rivers, streams or waterways now or hereafter existing within the state, and at river ports or landings along such navigable rivers, streams or waterways, dock facilities of all kinds, in aid of commerce and use of navigable waterways of the state, to the fullest extent practicable and to such extent as the department shall deem desirable or proper. The authority herein granted shall include the completion of any dock facilities originally acquired under the provisions of the 1957 Docks Act, or the 1959 Docks Act, or the 1961 Docks Act; and also the dredging of approaches to any dock facilities, acquired, erected, maintained or operated pursuant to this article, or the 1957 Docks Act, or the 1959 Docks Act, or the 1961 Docks Act. Before the department shall exercise the authority vested in it hereby with respect to any dock facilities or any dredging of the approaches thereto, the department shall first submit plans, including estimates of cost, prepared by competent engineers or architects, and a survey made by competent independent and professional engineers showing the economic feasibility of the proposal envisaged by such plans, to the Governor for his approval or disapproval. In the event of the Governor’s disapproval, the plans shall either be abandoned or be revised and again submitted to the Governor for his approval or disapproval. Prior to the commencement of any construction, dredging, or other work hereunder for which a permit from, or consent of, any United States authorities may be required by law, the department shall obtain the requisite permit or consent.
Ala. Code § 33-4A-29 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-29
Section 33-4A-29 Suspension or Revocation of License - Subpoenas
Status: in_force

The bar pilot against whom the charges have been filed, upon depositing with the secretary of the commission an amount sufficient to cover the costs and expenses of serving the subpoenas, together with the mileage of the witnesses and an amount sufficient to cover at least three days’ attendance of the witnesses, may require the secretary of the commission to issue subpoenas for witnesses in his or her behalf in the name of the commission, the subpoenas to be issued and served as in the case of subpoenas issued by the direction of the commission, and for failure of witnesses to attend upon being served with the subpoenas, the witness shall forfeit the sum of fifty dollars ($50), which the commission may collect by a civil action in its own name in a court of competent jurisdiction.
Ala. Code § 33-4-10 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-10
Section 33-4-10 No Jurisdiction Over Harbor Masters
Status: reserved

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

The State Pilotage Commission shall not have jurisdiction over Harbor Masters or deputy masters in any harbor or seaport in the State of Alabama.
Ala. Code § 33-4A-38 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-38
Section 33-4A-38 Compulsory Retirement of Bar Pilots
Status: in_force

Every bar pilot licensed and branched by the commission upon reaching the age of 68 years shall be required to retire and surrender his or her license or branch to the commission.
Ala. Code § 33-2-163 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-163
Section 33-2-163 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 that fiscal year, then any such surplus revenues shall be used to meet any such operating deficit.
Ala. Code § 33-6A-4 — Alabama Code / Title 33 / Chapter 6A / Section 33-6A-4
Section 33-6A-4 Compliance with Federal Laws, Etc
Status: in_force

Every recreational vessel and residence boat owner, operator, and occupant shall comply with United States Coast Guard or other federal laws and regulations pertaining to marine sanitation devices and with United States Environmental Protection Agency or other federal laws and regulations pertaining to areas in which the discharge of sewage, treated or untreated, is prohibited.
Ala. Code § 33-5-71 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-71
Section 33-5-71 Obstruction of Operator’s View Prohibited
Status: in_force

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

(b) Any person who violates this section shall be guilty of a boating violation.
Ala. Code § 33-4-49 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-49
Section 33-4-49 Pay of Pilots - Time of Payment
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. A pilot who has brought a vessel into port is entitled to his fees before her departure from port, to be paid in advance, or security given for the payment and, on failure thereof, may refuse to carry the vessel out.
Ala. Code § 33-5-6 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-6
Section 33-5-6 Enforcement of Article
Status: in_force

This article shall be enforced by ALEA, Marine Patrol Division, by all law enforcement officers of the state, and by other agents and employees of the agency as designated and required by the secretary.
Ala. Code § 33-5-12 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-12
Section 33-5-12 Certificates of Registration and Numbers Generally - Numbering System
Status: in_force

The numbering system employed pursuant to this chapter shall be determined by the secretary by rule. If an agency of the United States government has in force an overall system of identification numbering for vessels within the United States, any numbering system used shall conform to the federal requirements.
Ala. Code § 33-7-4 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-4
Section 33-7-4 Damages for Diverting Stream
Status: in_force

Any person diverting any stream, whether navigable or not, from its natural channel, is liable to any party aggrieved for the damages sustained.
Ala. Code § 33-2-156 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-156
Section 33-2-156 General Provisions Relative to Inland Facilities Bonds
Status: in_force

In order to provide funds for the purposes of this article, there are hereby authorized to be sold and issued bonds of the state not exceeding $10,000,000.00 in aggregate principal amount, under and subject to the provisions hereinafter set forth. The bonds shall be designated as inland facilities bonds of the state, series 1970. The bonds shall be general obligations of the state for payment of the principal of and interest on which the full faith and credit of the state are hereby irrevocably pledged. The bonds may be issued from time to time in one or more series, shall bear an appropriate series designation, shall be in such form and denominations and of such tenor and maturities, shall bear such rate of interest payable in such manner, may contain provisions for redemption prior to maturity, and may contain other provisions not inconsistent herewith, all as shall be set forth in an order or resolution of the department; provided, that the first installment of principal of bonds of each series must mature not later than 10 years from the date of such series and the last installment of principal of bonds of such series shall mature not later than 30 years from such date; and, provided further, that any of the bonds having a stated maturity more than 10 years after its date shall be made subject to redemption at the option of the state at the end of the tenth year after the date of such bond and on any interest payment date thereafter under such terms and conditions as may be provided in the order or resolution whereunder such bond is authorized to be issued. The bonds shall be signed in the name of the state by either the facsimile or manually subscribed signatures of the Governor or the director of the department, and the Great Seal of the State, or a facsimile thereof, shall be affixed thereto or engraved, lithographed or imprinted thereon and attested by either the facsimile or manually subscribed signature of the Secretary of State; provided, that the signature on the bonds of any one of the said officials shall be subscribed manually thereon. The bonds may be in either bearer or registered form, either as to principal or interest or both. Interest on the bonds shall be payable semiannually, interest on coupon bonds being evidenced by interest coupons attached thereto, each of which coupons shall be authenticated by the facsimile signature of the State Treasurer imprinted thereon. Bonds issued in coupon form may be exchanged for fully registered bonds or bonds registered as to principal only. Coupon bonds and registered bonds shall be interchangeable; and upon issuance of a coupon bond for a registered bond, all matured and unearned coupons on said bond shall be by the State Treasurer first clipped from said bond and then cancelled. Regulations for the registration of bonds and for interchange of registered and coupon bonds shall be set forth in the order or resolution authorizing the issuance of such bonds. The State Treasurer shall maintain a record of all of the bonds issued hereunder, and shall maintain a separate record of all of the bonds that are registered, including a record of the names and addresses of the registered holders thereof. No order or resolution providing for the authorization or sale of any of the bonds shall become effective until approved by the Governor. The action of the department in adopting an order or resolution authorizing the sale of any of the bonds and the action of the Governor in approving such order or resolution shall be conclusive evidence that the funds to be derived from the bonds so authorized to be sold are actually needed at the time for the purposes for which bonds are herein authorized to be issued and that the proceeds of such bonds are intended only for such purposes.
Ala. Code § 33-5-51 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-51
Section 33-5-51 Operation of Personal Watercraft
Status: in_force

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

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

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

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

a. Weaving through congested vessel traffic at high speed

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

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

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

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

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

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

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

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

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

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

(i) This section does not apply to a performer engaged in a professional exhibition or a person participating in a regatta, race, marine parade, tournament, or exhibition permitted by the Marine Patrol Division and held in compliance with Section 33-5-27 and any rules adopted by the secretary.
Ala. Code § 33-17-10 — Alabama Code / Title 33 / Chapter 17 / Section 33-17-10
Section 33-17-10 Delegation of Duties, Etc., to Other Public Corporations, Agencies and Departments of State
Status: in_force

Any duties and obligations of the authority which shall be delegated by the board of directors of the authority to the Highway Department, the State Docks Department or any other public corporation, agency or department of the state shall be undertaken and discharged by the public corporation, agency or department to which such duties and obligations shall have been delegated; provided, that such a delegation shall not be effective and shall not release the authority from the duties and obligations proposed to be delegated nor impose any duties or obligations on the public corporations, agencies and departments to which a delegation shall have been made unless the Governor and the director, head or governing body of the public corporation, agency or department to which a delegation shall have been made shall approve such delegation in all respects; and, provided further, that the public corporation, agency or department shall at the time of such delegation be empowered by laws other than this chapter to perform duties and discharge obligations of the kind delegated and that this section shall not be construed to change the lawfully established nature and functions of public corporations, agencies and departments of the state.
Ala. Code § 33-4A-34 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-34
Section 33-4A-34 Pay of Pilots - Time of Payment
Status: in_force

A bar pilot who has brought a vessel into port is entitled to his or her fees before the vessel’s departure from port, to be paid in advance, or security given for the payment and, on failure thereof, may refuse to carry the vessel out.
Ala. Code § 33-2-6 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-6
Section 33-2-6 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 railroads and structures, including railroad crossings, wharves, piers, elevators, compresses, warehouses, improvements and riparian and littoral terminals and structures and convenient approaches thereto in furtherance of the purposes of this article, the Alabama State Docks Department shall have the power to acquire same by gift, lease, purchase, negotiation or condemnation, and, in condemning property, it may proceed in any manner authorized by the general laws of the state for proceedings by any county, municipality or corporation organized under the laws of this state to acquire property by condemnation, subject to the restrictions contained in this article.
Ala. Code § 33-1-13 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-13
Section 33-1-13 Governor May Make Additional Investigations Relative to Acquisition, Etc., of Facilities
Status: reserved

Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000.
Ala. Code § 33-10-8 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-8
Section 33-10-8 Executive Director - Duties as to Minutes, Files and Records
Status: in_force

The executive director shall keep full and accurate minutes of all transactions and proceedings of the commission. The executive director shall be the custodian of all the files and records of the commission.
Ala. Code § 33-2-36 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-36
Section 33-2-36 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.