Ala. Code § 33-5B-2 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-2
Section 33-5B-2 Definitions
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(16) OFFICE. The Alabama Department of Revenue.

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) make or adopt a tangible symbol; or

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

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

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

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

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

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

(A) a seaplane;

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

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

(i) sail;

(ii) paddle;

(iii) oar; or

(iv) an engine of less than 75 horsepower;

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

(E) a stationary floating structure that:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) The definitions in subsections (a) and (b) do not apply to any state or federal law governing licensing, numbering, or registration if the same term is used in that law.
Ala. Code § 33-5A-5 — Alabama Code / Title 33 / Chapter 5A / Section 33-5A-5
Section 33-5A-5 Disposal of Certain Abandoned and Derelict Vessels
Status: in_force

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

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

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

(c) Prior to the sale, disposal, donation, or destruction of the vessel, the owner or lienholder may redeem the vessel by paying all costs incurred in the seizure, removal, storage, appraisal, and advertisement of the vessel.
Ala. Code § 33-4-42 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-42
Section 33-4-42 Revocation or Suspension of License for Cause - Failure of Witness to Answer Subpoena
Status: reserved

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

On the failure to answer such subpoenas when so served, such witness shall forfeit the sum of $50.00, for which the said commission may, in its own name, bring a civil action in a court of competent jurisdiction.
Ala. Code § 33-2-63 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-63
Section 33-2-63 Authority to Acquire, Construct, Maintain, Etc., New Facilities; Completion of Facilities Acquired Under 1957 and 1959 Acts; Plans and Survey; Approval of Governor; Permit or Consent from Federal Authorities
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; and also the dredging of approaches to any dock facilities, acquired, erected, maintained or operated pursuant to this article or the 1957 Docks Act or the 1959 Docks Act. Before the department shall exercise the authority vested in it hereby with respect to any dock facilities or any dredging of the approaches thereto, the department shall first submit plans, including estimates of cost, prepared by competent engineers or architects, and a survey made by competent independent and professional engineers showing the economic feasibility of the proposal envisaged by such plans, to the Governor for his approval or disapproval. In the event of the Governor’s disapproval, the plans shall either be abandoned or be revised and again submitted to the Governor for his approval or disapproval. Prior to the commencement of any construction, dredging or other work hereunder for which a permit from, or the consent of, any United States authorities may be required by law, the department shall obtain the requisite permit or consent.
Ala. Code § 33-2-195 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-195
Section 33-2-195 State Treasurer to Disburse Funds
Status: reserved

Repealed by Acts 2007-280, p. 379, §6, and 2007-384, p. 766, §2, effective September 1, 2007.
Ala. Code § 33-2-103 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-103
Section 33-2-103 Separate Records as to Each Unit of Development
Status: in_force

The department shall establish and maintain a separate record with respect to each unit of development that may have been or may be acquired, constructed or operated in whole or in part under the provisions of this article, or the 1957 Docks Act, the 1959 Docks Act, or the 1961 Docks Act. Each such separate record shall show: (1) The total amount of the capital investment in each such unit of development, including the amount of such capital investment derived from the proceeds of the bonds issued hereunder or under the 1957 Docks Act, the 1959 Docks Act, or the 1961 Docks Act; and the amount, if any, of the said capital investment derived from any other source; (2) the expenses of operating each such unit of development; and (3) the gross revenues derived from the operation of each such unit of development. In the event any proceeds from bonds issued either under this article or under the 1957 Docks Act, the 1959 Docks Act or the 1961 Docks Act shall be used to pay any of the operating expenses of any unit of development, the amount of bond proceeds so used shall be deemed a part of the capital investment in such unit of development.
Ala. Code § 33-4A-39 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-39
Section 33-4A-39 Vessels Required to Take Pilots
Status: in_force

All steam or motor vessels crossing the outer bar of Mobile Bay, except those exempt under this chapter, shall be conducted, controlled, or navigated by a bar pilot licensed by or under authority of the laws of the State of Alabama.
Ala. Code § 33-5B-20 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-20
Section 33-5B-20 Transfer of Operation of Law
Status: in_force

(a) In this section:

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

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

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

(C) through other legal process.

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

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

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

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

(3) a statement that:

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

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

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

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

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

(1) accept the statement;

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

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

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

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

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

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

(d) This section does not apply to a transfer of an interest in a vessel by a secured party under Part 6, Article 9A, Title 7.
Ala. Code § 33-4A-17 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-17
Section 33-4A-17 Register of Applicants for Apprenticeship; Seniority; Statutory Requirements
Status: in_force

(a) In order to prevent delays in the apprenticeship and branching of bar pilots, the commission, when necessary, shall maintain a register of applicants containing no more than nine applicants for apprenticeship who must be not less than 21 years of age.

(b) All pending and future applicants for apprenticeship from the register of applicants shall be considered by the commission for apprenticeship in order of their seniority as determined by the commission from time to time at its sole discretion, which shall be based upon each applicant’s professionalism, maturity and readiness, the date of completion of all requirements to be a bar pilot except apprenticeship, application to be a pilot, passage of the commission’s written examination and branch, and the compliance with subsections (c) and (d).

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

(d) In order to complete the apprenticeship, an apprentice shall make, to the satisfaction of the commission, at least 100 round trips with a branched pilot on vessels in Mobile Bay which are subject to the statutory requirement of compulsory pilotage.
Ala. Code § 33-4A-13 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-13
Section 33-4A-13 Rulemaking Authority
Status: in_force

(a) The commission may make all necessary rules regulating the piloting of ships and all watercrafts into and out of any harbor or seaport until berthed at the docking facility in the Port of Mobile or until past the Mobile Entrance Lighted Buoy M. Maritime data produced by foreign states or by a foreign or domestic company must be expressly preapproved by the commission for any official use in pilotage.

(b) The commission may require evidence of the physical and mental fitness of any active bar pilot at any time and adopt rules regarding the physical and mental capacity and fitness of the active bar pilots.
Ala. Code § 33-6A-8 — Alabama Code / Title 33 / Chapter 6A / Section 33-6A-8
Section 33-6A-8 Violations
Status: in_force

(a) Marine police officers or any duly sworn peace officer of the state may board and inspect a recreational vessel or residence boat for compliance with this chapter and department rules at any time if there is probable cause to believe that a violation of this chapter or department rules has occurred.

(b) Any person who violates this chapter or any rule adopted by the department pursuant to this chapter shall be guilty of a Class B misdemeanor and fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each violation; provided, however, that first-time offenders of any provision of this chapter or of any rule adopted pursuant to this chapter shall be given a warning citation providing a 90-day opportunity to comply with the provision, and in the event of the failure of the offender to comply within the 90-day period, the offender shall be cited for violating the provision.
Ala. Code § 33-6A-2 — Alabama Code / Title 33 / Chapter 6A / Section 33-6A-2
Section 33-6A-2 Rules and Regulations
Status: in_force

The department shall be the agency of the state responsible for regulating recreational vessel and residence boat sewage discharges. The department is authorized to adopt rules and regulations or orders designed to control and regulate the discharge of sewage from recreational vessels and residence boats into the waters of this state.
Ala. Code § 33-2-73 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-73
Section 33-2-73 Separate Records as to Each Unit of Development
Status: in_force

The department shall establish and maintain a separate record with respect to each unit of development that may have been or may be acquired, constructed or operated in whole or in part under the provisions of this article, or the 1957 Docks Act, or the 1959 Docks Act. Each such separate record shall show: (1) The total amount of the capital investment in each such unit of development, including the amount of such capital investment derived from the proceeds of the bonds issued hereunder or under the 1957 Docks Act or the 1959 Docks Act, and the amount, if any, of the said capital investment derived from any other source; (2) the expenses of operating each such unit of development; and (3) the gross revenues derived from the operation of each such unit of development. In the event any proceeds from bonds issued either under this article or the 1957 Docks Act or the 1959 Docks Act shall be used to pay any of the operating expenses of any unit of development, the amount of bond proceeds so used shall be deemed a part of the capital investment in such unit of development.
Ala. Code § 33-2-66 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-66
Section 33-2-66 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 § 33-5-7 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-7
Section 33-5-7 Records Kept Pursuant to Article
Status: in_force

All records of ALEA or any probate judge or license commissioner made or kept pursuant to this article shall be public records, except confidential reports and except accident reports as set out in this article.
Ala. Code § 33-4-34 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-34
Section 33-4-34 Application for License, Etc., to Be in Writing Accompanied by Certificate and Affidavit; Branching or Licensing According to Seniority
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. A person, to be eligible to be branched or licensed as the next bar pilot, shall meet all of the following criteria at the time of branching or licensing:

(1) Shall be the senior apprentice, with seniority to be determined by date of satisfactory completion of all requirements to be a pilot except the written examination given by the State Pilotage Commission.

(2) Must be a citizen of the United States of America or legally present in this state.

(3) Shall be of good moral character.

(4) Shall have completed satisfactorily all requirements of the apprenticeship.

(5) Shall hold and have the following current United States Coast Guard licenses and experience:

a. Either (i) an unlimited second mate of oceans license with one year’s experience as third mate, or (ii) a master license of freight or motor vessel of 1,600 gross tons with one year’s experience as master of vessels of at least 150 gross tons;

b. Either (i) three years’ experience in a deck department capacity on one or more vessels navigating Mobile ship channel, or (ii) three years’ experience at sea in a deck department capacity on oceangoing vessels of 1,600 gross tons or over, or (iii) be a graduate of a nationally recognized maritime academy holding a bachelor of science degree and have two years’ experience at sea in a deck department capacity on oceangoing vessels of 1,600 gross tons or over; and

c. Shall hold a first class federal pilot license for the Mobile ship channel;

(6) Shall demonstrate, if required by the commission to do so, sufficient evidence of satisfactory experience in the safe navigation and handling of vessels, and shall pass a practical demonstration to be administered by the active Mobile bar pilots licensed by the State Pilotage Commission showing their ability to safely pilot steam and motor vessels of unlimited tonnage and tugs with tows. The demonstration shall be deemed satisfactorily completed if two-thirds majority of the active Mobile Bay bar pilots licensed by the State of Alabama shall certify such successful completion.

(7) Shall pass a written test administered by the commission.

(8) Shall make written application to be branched or licensed, accompanied by his or her affidavit that the applicant meets every statutory requirement to be branched.

(9) Shall have been employed in a deck department capacity on steam or motor vessels navigating either inland waters or oceans for a majority of the last five years.

(10) Shall be a graduate of a four-year college or university accredited by a regional accrediting organization recognized by the U.S. Department of Education.
Ala. Code § 33-4-39 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-39
Section 33-4-39 Bond of Pilot - Required; Amount; Conditions; Renewal
Status: reserved

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

Before receiving his branch, the pilot must make and deliver to the commissioners a bond payable to the chairman of the commission and his successors, in the penal sum of $2,000.00, with surety to be approved by the commissioners, and with conditions faithfully to perform his duties as pilot; and this bond must be renewed every six years.
Ala. Code § 33-4-36 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-36
Section 33-4-36 Apprentice Pilots Not Required to Take Second Examination
Status: reserved

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

No apprentice pilot who has successfully passed an examination for a Mobile Bay or bar pilot shall be required to undergo or pass another examination before being entitled to his license or status as a Mobile Bay and bar pilot, notwithstanding the board or commissioners under which said person was examined, has been abolished.
Ala. Code § 33-4-52 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-52
Section 33-4-52 Pay of Pilots - Exemptions from Payment of Pilot’s Fees
Status: reserved

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

All vessels, whether sail, steam or propelled by any other motive power, including vessels, barges and rafts in tow, engaged in coastwise trade, including those engaged in trade or plying upon the navigable rivers of the State of Alabama, and all vessels exempt under the laws, rules or regulations of the government of the United States shall be exempt from payment of any pilotage fee whatsoever and shall not be required to have the services of a pilot in crossing the outer bar of Mobile Bay or navigating the waters of said bay or other navigable waters of the State of Alabama.
Ala. Code § 33-7-9 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-9
Section 33-7-9 Trespass After Warning on Booms, Bulkheads or Piles Erected, Etc., by Riparian Proprietors
Status: in_force

Any person who, having been warned within the 12 months next preceding by the owner or proprietor not to do so, trespasses upon any boom, bulkhead or piles, lawfully erected or maintained in any of the waters of this state by any riparian owner or proprietor, by fastening any boat or other thing thereto, or by making any other use thereof, without first having obtained the consent of such owner or proprietor, or any person who continues to make such use of any such boom, bulkhead or piles, after being warned by the owner or proprietor thereof to discontinue the same, shall, on conviction, be fined not less than $10.00 nor more than $100.00 for each day he continues to make such use of such boom, bulkhead or piles, and one half of the fine shall go to the owner or proprietor thereof.
Ala. Code § 33-2-5 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-5
Section 33-2-5 Power of Eminent Domain Generally
Status: in_force

There is hereby vested in the State Docks Department power of eminent domain in carrying out the provisions of this article, which power shall apply not only as to all property of private persons and corporations, except as limited in Section 33-2-3, but also as to property already devoted to public use; provided, that the State Docks Department shall have no authority to acquire without consent of the owner thereof by condemnation any property now operated and used for port purposes or such purposes as the State Docks Department is authorized to acquire and use property for, unless the necessity therefor be alleged and proved.
Ala. Code § 33-4A-5 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-5
Section 33-4A-5 Bond of Commissioners
Status: in_force

Before entering upon the duties of their office, the commissioners shall execute a bond in the amount of one thousand dollars ($1,000), for the faithful performance of the duties of the office.
Ala. Code § 33-5-21 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-21
Section 33-5-21 Safety Provisions Relative to Boat Liveries
Status: in_force

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

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

(c) If ALEA determines that a cited boat can be placed in a seaworthy or safe condition by repairs or alterations, the boat may again be used for rental purposes after ALEA performs an inspection on the vessel and determines that the repairs or alterations have been duly made.
Ala. Code § 33-5B-3 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-3
Section 33-5B-3 Applicability
Status: in_force

Subject to Section 33-5B-28, this chapter applies to any transaction, certificate of title, or record relating to a vessel, even if the transaction, certificate of title, or record was entered into or created before January 1, 2024.
Ala. Code § 33-1-38 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-38
Section 33-1-38 Compliance with Railway Labor Act
Status: in_force

(a) Notwithstanding any provision of law to the contrary, the state, acting through the Alabama State Port Authority, is hereby authorized to comply with any and all duties imposed upon it, and to satisfy any and all obligations it may have arising under the Railway Labor Act, 45 U.S.C. Section 151, et seq., with respect to employees of the port authority who are subject to the act, including the duties to make written agreements concerning rates of pay, rules, working conditions, and all other lawful subjects, and to compromise, settle, and resolve all disputes with employees or their lawfully designated representatives, whether arising out of the application of agreements or otherwise, through the procedures prescribed in the act.

(b) This section is declaratory of, and does not constitute a change in, existing law.
Ala. Code § 33-5-66.2 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-66.2
Section 33-5-66.2 Rulemaking Authority; Schedule of Fines; Uniform Boating Traffic Ticket and Complaint
Status: in_force

It is the intent of the Legislature, in implementing this chapter, that the Alabama Supreme Court adopts rules pursuant to its authority under Section 150 of the Constitution of Alabama of 2022, to adopt a schedule of fines for boating violations, and to adopt a Uniform Boating Traffic Ticket and Complaint form or an electronic version thereof, and provide for the use, content, numbering schemes, and issuance of the ticket.
Ala. Code § 33-2-107 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-107
Section 33-2-107 Bonds and Interest Exempt from Taxation
Status: in_force

Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the State of Alabama or any political subdivision thereof.
Ala. Code § 33-10-13 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-13
Section 33-10-13 Information, Etc., Property of State; Records Open to Inspection
Status: in_force

All information, documents and data collected by the commission in the performance of its duties are the property of the state. All records are open to inspection by any person during regular office hours.
Ala. Code § 33-2-44 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-44
Section 33-2-44 Bonds and Interest Exempt from Taxation
Status: in_force

Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the state of Alabama or any political subdivision thereof.
Ala. Code § 33-12-6 — Alabama Code / Title 33 / Chapter 12 / Section 33-12-6
Section 33-12-6 Contributions to Work of Agency; Tax Levy by Governing Bodies
Status: in_force

Lauderdale and Limestone Counties and the municipalities located in the Alabama portion of the Elk River Watershed are hereby authorized and empowered to contribute to the work of the agency any amount or amounts of money that their respective governing bodies, acting in their sole discretion, shall approve to be paid from the general fund of the respective county or municipality. Governing bodies of such counties or municpalities are hereby empowered to levy and collect ad valorem taxes within constitutional limits for such purposes, which are hereby declared to be for municipal and county public purposes.
Ala. Code § 33-4A-26 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-26
Section 33-4A-26 Bond of Pilot - Preserving Bonds, Etc.; New Bonds; Actions on Bonds; Liabilty
Status: in_force

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

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

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

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

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

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

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

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

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

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

(g) The protection against or exemption from liability provided to an association of bar pilots under this section shall be in addition to the protections against and exemption from liability provided an association of bar pilots provided by or under federal or any other law.
Ala. Code § 33-7-70 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-70
Section 33-7-70 Applicability of Article
Status: in_force

This article shall apply only to dams and reservoirs whose owner or owners have elected to be subject to this article.
Ala. Code § 33-2-39 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-39
Section 33-2-39 Disposition of Proceeds from Sale of Bonds
Status: in_force

The proceeds from the sale of any of the bonds shall be paid into the state treasury and kept by the State Treasurer in a separate account and paid over to the secretary-treasurer of the department from time to time in such amounts as shall be directed by the Governor and the money so paid over to the secretary-treasurer of the department shall be held and used only for the accomplishment of the purposes of this article, and specifically for payment of the cost of acquiring, by construction or otherwise, maintaining and operating, or any of them, dock facilities along navigable streams and waterways now or hereafter existing within the state, in aid of commerce and use of navigable waterways of the state. The cost of acquiring any dock facilities shall be deemed to include, inter alia, (1) fees of engineers and attorneys and other expenses incidental to such acquisition; (2) the cost of issuing those of the bonds that may be issued to provide funds for such acquisition; and (3) interest on such bonds during such period of time, not exceeding three years from the date of the completion of said dock facilities, as may be specified in the order or resolution authorizing the issuance of such bonds as the period of time estimated by the department to be required for placing the said dock facilities in profitable operation.
Ala. Code § 33-16-1 — Alabama Code / Title 33 / Chapter 16 / Section 33-16-1
Section 33-16-1 Definitions
Status: in_force

The following words and phrases used in this chapter, and others evidently intended as the equivalent thereof, shall, in the absence of clear implication herein otherwise, be given the following respective interpretations herein:

(1) AUTHORITY. The public corporation organized pursuant to the provisions of this chapter.

(2) BOARD. The board of directors of the authority.

(3) BONDS. The bonds issued under the provisions of this chapter.

(4) COUNTY. A county in the state.

(5) DIRECTOR. A member of the board of directors of the authority.

(6) MUNICIPALITY. An incorporated city or town of the state.

(7) PERSON. Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation organized under the laws of Alabama or of another state, a municipality, a county, or an agency, department or instrumentality of a county or municipality, of one or more of the several states, or of the United States.

(8) PROPERTY. Such term means and includes real and personal property, and interests therein.

(9) STATE. In the absence of clear implication herein otherwise, such term means the State of Alabama.

(10) WATERWAY. A navigable waterway utilizing the channel of the Coosa River between Montgomery and Gadsden and to the Alabama-Georgia boundary, as authorized by the River and Harbor Act of March 2, 1945, Public Law 14, 79th Congress, 1st Session (1945).

(11) HEREIN, HEREBY, HEREUNDER, HEREOF. These and other equivalent words refer to this chapter as an entirety and not solely to the particular section or portion thereof in which any such word is used.
Ala. Code § 33-5B-9 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-9
Section 33-5B-9 Content of Certificate of Title
Status: in_force

(a) A certificate of title must contain:

(1) the date the certificate was created;

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

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

(4) the hull identification number;

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

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

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

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

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

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

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

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

(g) A written certificate of title must contain a form for a secured party to indicate release of its security interest.
Ala. Code § 33-2-2 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-2
Section 33-2-2 Maximum Cost of Development
Status: in_force

The entire cost to the state of engaging in the work or development authorized by this article shall not exceed in aggregate the principal sum of $3,000,000.00.
Ala. Code § 33-5A-11 — Alabama Code / Title 33 / Chapter 5A / Section 33-5A-11
Section 33-5A-11 Refusal or Failure to Remove Derelict Vessel
Status: in_force

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

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

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

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

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

(d) Any fines collected pursuant to subsection (b) and all moneys collected pursuant to subsection (c) shall be distributed into the Alabama Abandoned and Derelict Vessel Fund to be used by the Secretary of the Alabama State Law Enforcement Agency in the implementation and administration of this chapter.
Ala. Code § 33-5-8 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-8
Section 33-5-8 Commissioner to Supply Information to Federal Agencies
Status: in_force

The secretary shall supply to any authorized official or agency of the United States, upon the agency’s or official’s request and in accordance with any federal law or regulation relative thereto, necessary information pertaining to statistics and reports compiled under this article.
Ala. Code § 33-5-75 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-75
Section 33-5-75 Authority of Commissioner of Conservation and Natural Resources to Cancel Certification or to Suspend or Revoke Privilege of Operating Vessel; Procedures
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(o) Any person denied a certification or whose certification or operating privilege has been cancelled, suspended, or revoked by the secretary, except where cancellation, suspension, or revocation is mandatory under this article, may file a petition within 30 days for a hearing in the matter in the circuit court in the county wherein the person resides, or, in the case of cancellation, suspension, or revocation of a nonresident’s certification or operating privilege, in the county in which the main office of the secretary is located. The circuit court shall have jurisdiction for hearing the petitions for certification or operating privilege. The circuit court shall set the matter for hearing upon 30 days’ written notice to the secretary and shall take testimony, examine the facts of the case, and determine whether the petitioner is entitled to a certification or operating privilege under this section or is subject to suspension, cancellation, or revocation.
Ala. Code § 33-5B-24 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-24
Section 33-5B-24 Rights of Secured Party
Status: in_force

(a) Subject to subsection (b), the effect of perfection and nonperfection of a security interest and the priority of a perfected or unperfected security interest with respect to the rights of a purchaser or creditor, including a lien creditor, is governed by Title 7. For purposes of the application of the provisions of Title 7, lien creditor has the meaning provided by this chapter.

(b) If, while a security interest in a vessel is perfected by any method under this chapter, the office creates a certificate of title that does not indicate that the vessel is subject to the security interest or contain a statement that it may be subject to security interests not indicated on the certificate:

(1) a buyer of the vessel, other than a person in the business of selling or leasing vessels of that kind, takes free of the security interest if the buyer, acting in good faith and without knowledge of the security interest, gives value and receives possession of the vessel; and

(2) the security interest is subordinate to a conflicting security interest in the vessel that is perfected under Section 33-5B-15 after creation of the certificate and without the conflicting secured party’s knowledge of the security interest.
Ala. Code § 33-4A-4 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-4
Section 33-4A-4 Appointment; Terms; Expenses
Status: in_force

The initial appointees to the commission shall be the members of the State Pilotage Commission appointed by the Governor pursuant to the Code of Alabama 1975, as it existed prior to the enactment of this chapter, and holding office at the time of the enactment of this chapter. Thereafter, at the expiration of the respective terms, the Governor shall appoint the commissioners to hold office for six years from the dates of the expiration of their respective commissions. Commission members shall serve until their successors are appointed. The commissioners shall serve without compensation, but all traveling expenses incurred by the commissioners in the performance of their duties shall be paid out of funds in the treasury of the commission.
Ala. Code § 33-2-95 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-95
Section 33-2-95 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; and the exercise of such powers hereunder shall be subject to all limitations and conditions prescribed in the 1957 Docks Act.
Ala. Code § 33-15-10 — Alabama Code / Title 33 / Chapter 15 / Section 33-15-10
Section 33-15-10 Bonds and Other Obligations - Statutory Mortgage Lien
Status: in_force

Any resolution of the board of directors or trust indenture, under which bonds may be issued pursuant to the provisions of this chapter may contain provisions creating a statutory mortgage lien, in favor of the holders of such bonds and of the interest coupons applicable thereto, on the facilities and other property (including any after-acquired property) out of the revenues from which such bonds are made payable. The said resolution of the board of directors or the said trust indenture may provide for the filing for record in the office of the judge of probate of each county in which any part of such facilities or other property may be located of a notice containing a brief description of such facilities or other property, a brief description of such bonds and a declaration that said statutory mortgage lien has been created for the benefit of the holders of such bonds and the interest coupons applicable thereto upon such facilities and other property, including any additions thereto and extensions thereof. Each judge of probate shall receive, record and index any such notice filed for record in his office. The recording of such notice, as herein provided, shall operate as constructive notice of the contents thereof.
Ala. Code § 33-2-186 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-186
Section 33-2-186 Docks Facilities Revenue Bonds and Refunding Bonds - Nature Of; Pledge; Negotiable Instruments
Status: in_force

The docks facilities revenue bonds and refunding bonds shall not be general obligations of the department but shall be payable solely out of docks facilities revenues. As security for the payment of the principal of, premium, if any, and interest on the docks facilities revenue bonds and refunding bonds issued by it under this article, the department is hereby authorized and empowered to pledge for payment of the said principal, premium, if any, and interest all or any part of the docks facilities revenues. All contracts made and all docks facilities revenue bonds and refunding bonds issued by the department pursuant to the provisions of this article shall be solely and exclusively obligations of the department and shall not be an obligation or debt of the state. The docks facilities revenue bonds and refunding bonds, except while registered, shall be construed to be negotiable instruments although payable solely from a specified source as herein provided.
Ala. Code § 33-2-97 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-97
Section 33-2-97 General Provisions Relative to Additional Inland Waterways Improvement 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 $2,000,000.00 in aggregate principal amount, under and subject to the provisions hereinafter set forth. The bonds shall be designated as inland waterway improvement bonds of the state. The bonds shall be general obligations of the state, for payment of the principal of and interest on which the full faith and credit of the state are hereby irrevocably pledged. The bonds may be issued from time to time in one or more series, shall bear an appropriate series designation, shall be in such form and denominations and of such tenor and maturities, shall bear such rate or rates of interest payable in such manner, may contain provisions for redemption prior to maturity, and may contain other provisions not inconsistent herewith, all as shall be set forth in an order or resolution of the department; provided, that the first installment of principal of bonds of each series must mature not later than three years from the date of such series and the last installment of principal of bonds of such series shall mature not later than 20 years from such date; and, provided further, that the total principal and interest maturing on the bonds of any series in any one year shall not exceed twice the smallest amount of such principal and interest maturing in any preceding year; and, provided further, that any of the bonds having a stated maturity more than five years after its date shall be made subject to redemption at the option of the state at the end of the fifth year after the date of such bond and on any interest payment date thereafter under such terms and conditions as may be provided in the order or resolution whereunder such bond is authorized to be issued. The bonds shall be signed in the name of the state by either the facsimile or manually subscribed signatures of the Governor or the director of the department, and the Great Seal of the State, or a facsimile thereof, shall be affixed thereto or engraved, lithographed or imprinted thereon and attested by either the facsimile or manually subscribed signature of the Secretary of State; provided, that the signature on the bonds of any one of the said officials shall be subscribed manually thereon. The bonds may be in either bearer or registered form, either as to principal or interest or both. Interest on the bonds shall be payable semiannually, interest on coupon bonds being evidenced by interest coupons attached thereto, each of which coupons shall be authenticated by the facsimile signature of the State Treasurer imprinted thereon. Bonds issued in coupon form may be exchanged for fully registered bonds or bonds registered as to principal only. Coupon bonds and registered bonds shall be interchangeable; and upon issuance of a coupon bond for a registered bond, all matured and unearned coupons on said bond shall be by the State Treasurer first clipped from said bond and then cancelled. Regulations for the registration of bonds and for interchange of registered and coupon bonds shall be set forth in the order or resolution authorizing the issuance of such bonds. The State Treasurer shall maintain a record of all of the bonds issued hereunder, and shall maintain a separate record of all of the bonds that are registered, including a record of the names and addresses of the registered holders thereof. No order or resolution providing for the authorization or sale of any of the bonds shall become effective until approved by the Governor. The action of the department in adopting an order or resolution authorizing the sale of any of the bonds, and the action of the Governor in approving such order or resolution, shall be conclusive evidence that the funds to be derived from the bonds so authorized to be sold are actually needed at the time for the purposes for which bonds are herein authorized to be issued and that the proceeds of such bonds are intended only for such purposes.
Ala. Code § 33-1-15 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-15
Section 33-1-15 Amendment of Plans
Status: reserved

Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000.
Ala. Code § 33-1-40 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-40
Section 33-1-40 Sovereign Immunity
Status: in_force

The port authority shall have sovereign immunity from suit to precisely the same extent as the Alabama State Docks Department had on August 1, 2000.
Ala. Code § 33-3-3 — Alabama Code / Title 33 / Chapter 3 / Section 33-3-3
Section 33-3-3 Fees and Charges
Status: in_force

For the purpose of meeting the expense attendant upon the general and special supervision of the harbor and Port of Mobile and the performance of the duties and service required by this chapter, and by the rules and regulations herein authorized, and of similar duties relating to the supervision of the harbor and port required by other statutory provisions, the fees and charges, general and special, as may be fixed and determined by the Alabama State Port Authority, are hereby imposed against all owners, charterers, or persons in possession, to be collected by the port authority on vessels using the harbor as defined in this chapter. The port authority is authorized and empowered to collect such fees and charges by any appropriate proceedings in personam or in rem, when authorized by the Director or the Board of Directors of the Alabama State Port Authority. The Alabama State Port Authority is authorized to make such reasonable changes in such charges, or any of them, by raising or lowering them as may be necessary to carry out the purpose of this chapter, and to lower the same as may be necessary to protect the port from discrimination at other ports.
Ala. Code § 33-17-13 — Alabama Code / Title 33 / Chapter 17 / Section 33-17-13
Section 33-17-13 Bonds - Disposition of Proceeds; Investments
Status: in_force

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

Any portion of the proceeds derived from the sale of any of the bonds which the board of directors of the authority may determine is not then needed for any of the purposes for which the bonds are authorized to be issued shall, on order of the authority, be invested by the State Treasurer in any securities that are direct general obligations of the United States or the principal of and interest on which are unconditionally and irrevocably guaranteed by the United States. Any such securities may, at any time and from time to time, on order of the authority, be sold or otherwise converted by the state treasurer into cash. The income derived from any such investments shall be added to and treated as a part of the Tombigbee Valley Development Authority Fund.
Ala. Code § 33-4A-2 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-2
Section 33-4A-2 Creation; Composition; Powers and Duties; Quorum
Status: in_force

(a) There shall be a board of pilotage commissioners in each Class 2 municipality, to be known as the State Pilotage Commission. The commission shall consist of three voting members. One voting member shall be engaged in a local maritime business, one voting member shall be an active bar pilot, licensed and branched by the State Pilotage Commission, and one voting member shall be a member of the local business or professional community.

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

(c) A quorum for the transaction of commission business shall be two voting members of the commission.
Ala. Code § 33-7-54 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-54
Section 33-7-54 Dredging or Cleaning Creeks, Etc., Running through Property Permitted; Limitations on Right
Status: in_force

Any law, or any rule or regulation promulgated by a state agency, to the contrary notwithstanding, any property owner shall have the authority to clean out or dredge a creek or stream running through his property. However, such person shall only be authorized to maintain any stream or creek which runs through or onto his property and no other. Provided, further, that such cleaning or dredging shall not adversely affect the rights of property owners either upstream or downstream from the site of such cleaning or dredging work, nor shall it change the natural course of said stream.
Ala. Code § 33-4-50 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-50
Section 33-4-50 Pay of Pilots - Fees of Pilots Detained on Vessels
Status: reserved

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

If the master of any vessel retains a pilot on board, the wind and weather permitting her going to sea, the pilot is entitled to $50.00 for every day of such detention. If a master carries off a pilot from the Bay or Harbor of Mobile, he must pay him $50.00 for every day of such absence and supply him with such provisions as is usual for the maintenance of masters, and first class transportation back to Mobile, Alabama, the master as well as the owner being liable therefor, unless the vessel has laid to for the space of four hours after crossing the bar, and no pilot boat appears to receive the pilot on board.
Ala. Code § 33-15-1 — Alabama Code / Title 33 / Chapter 15 / Section 33-15-1
Section 33-15-1 Definitions
Status: in_force

The following words and phrases used in this chapter, and others evidently intended as the equivalent thereof, shall, in the absence of clear implication herein otherwise, be given the following respective interpretations herein:

(1) AUTHORITY. The public corporation organized pursuant to the provisions of this chapter.

(2) BOARD. The board of directors of the authority.

(3) BONDS. Such term shall include bonds and notes.

(4) COUNTY. A county in the state.

(5) DIRECTOR. A member of the board of directors of the authority.

(6) GOVERNING BODY. The county commission of a county.

(7) MUNICIPALITY. An incorporated city or town of the state.

(8) PERSON. Unless limited to a natural person by the context in which it is used, such term includes a public or private corporation, a municipality, a county, or an agency, department or instrumentality of a county or municipality, of one or more of the several states or of the United States of America.

(9) PROPERTY. Such term means and includes real and personal property and interests therein.

(10) STATE. The State of Alabama.

(11) WATERSHED. Such term means and includes all land in the counties of Marion, Colbert, Franklin and Winston, lying within 15 miles of Bear Creek and any of its tributaries.

(12) HEREIN, HEREBY, HEREUNDER, HEREOF. Such terms and other equivalent words refer to this chapter as an entirety and not solely to the particular section or portion thereof in which any such word is used.

The definitions set forth herein shall be deemed applicable whether the words defined are used in the singular or plural. Whenever used herein, any pronoun or pronouns shall be deemed to include both singular and plural and to cover all genders.
Ala. Code § 33-5-26.1 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-26.1
Section 33-5-26.1 Wake Restrictions in Certain Waters of the State
Status: in_force

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

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

(1) MOTORBOAT. A motorized recreational vessel.

(2) WAKEBOARDING. Either of the following:

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

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

(3) WAKESURFING. Either of the following:

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

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

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

(1) Between sunset and sunrise.

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

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

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

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

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

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

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

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

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

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

(i) Notwithstanding the other provisions of this section, for one year following October 1, 2024, an individual who violates subsection (d) on a first violation shall receive a written warning of the violation; and on a second or subsequent violation during the calendar year, the violation shall be treated as a first violation under subsection (e).
Ala. Code § 33-16-5 — Alabama Code / Title 33 / Chapter 16 / Section 33-16-5
Section 33-16-5 Certificate of Incorporation; No Fees to Be Paid to Secretary of State
Status: in_force

When the application has been made, filed and recorded, as herein provided, the applicants shall constitute a public corporation under the name submitted in the application, and the Secretary of State shall make and issue to the applicants a certificate of incorporation under the Great Seal of the State and shall record the certificate with the application. There shall be no fees paid to the Secretary of State for any service rendered or work performed in connection with the authority thus formed, its incorporation, dissolution or records.
Ala. Code § 33-1-10 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-10
Section 33-1-10 State Docks Advisory Committee - Committee to Act in Advisory Capacity
Status: reserved

Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000.
Ala. Code § 33-4A-24 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-24
Section 33-4A-24 Levy, Payment, and Disposition of Pilot’s License Tax
Status: in_force

There is levied upon each licensed bar pilot engaged in service as a bar pilot under this chapter a license or privilege tax in the sum of one hundred dollars ($100) annually plus any reasonable additional assessment that arises and is necessarily incurred out of the performance by the State Pilotage Commission of its duties imposed by law, to be paid to the secretary of the commission and to be used for defraying all expenses and expenditures of the commission accruing under this chapter. The commission, by proper resolutions, may permit the tax to be paid quarterly. The privilege or license taxes paid to the secretary of the commission shall become a part of the funds of the commission and shall be deposited by the secretary and otherwise handled and disbursed, as required by this chapter.
Ala. Code § 33-4-11 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-11
Section 33-4-11 Authority to Make Rules and Regulations, Etc
Status: reserved

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

The State Pilotage Commission shall have the power and authority to make all necessary rules and regulations, regulating the piloting of ships and all watercrafts into and out of any harbor or seaport in the State of Alabama. The State Pilotage Commission shall also have the power and authority to require evidence of the physical and mental fitness of any active bar pilot at any time and to make rules and regulations regarding the physical and mental capacity of such active bar pilots.
Ala. Code § 33-2-102 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-102
Section 33-2-102 Provisions of Article Applicable to Refunding Bonds; Investment of Proceeds of Bonds, Etc
Status: in_force

All provisions of this article pertaining to bonds issued under this article that are not inconsistent with the provisions of this section shall, to the extent applicable, also apply to the refunding bonds issued hereunder. The principal proceeds from the sale of any bonds issued hereunder, when not needed for the purposes for which such bonds were issued, and any other moneys received hereunder, when not needed for the purposes for which such moneys may be used, may at the discretion of the director, with the approval of the Governor, be invested in direct general obligations of the United States of America and the earnings on any investment so made shall be used in the same manner that the moneys so invested are herein provided to be used.
Ala. Code § 33-4-7 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-7
Section 33-4-7 Meetings
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. The commissioners shall meet at least once every three months at such time and place as may be by them selected and may meet oftener as business requires.
Ala. Code § 33-2-3 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-3
Section 33-2-3 Acquisition, Construction, Maintenance, Operation, Etc., of Facilities; Plans and Survey; Limitation Upon Right of Eminent Domain
Status: in_force

Through the Alabama State Docks Department, the state, in engaging in the works of internal improvements authorized by this article, shall have the power to acquire, purchase, install, lease, construct, own, hold, maintain, equip, control and operate along navigable rivers, streams or waterways and at river ports or landings along navigable rivers, streams or waterways now or hereafter existing within the state, wharves, piers, docks, quays, grain elevators, cotton compresses, warehouses, improvements and water and rail terminals and such structures and facilities as may be needful for convenient use of the same, in aid of commerce and use of navigable waterways of the state, to the fullest extent practical and as the State Docks Department shall deem desirable or proper. This authority shall include dredging of approaches to any facilities acquired, erected, maintained or operated pursuant to this article; provided, that before the State Docks Department shall exercise the authority invested in it hereby, the director of state docks shall first submit plans, including estimates of cost, prepared by competent engineers or architects, and a survey made by competent independent and professional engineers showing the economic feasibility of exercising its authority, to the Governor for his approval or disapproval in reference thereto, and, as to dredging, the state docks director shall likewise confer with proper United States authorities; provided, that the State Docks Department shall have no authority to condemn or acquire by exercise of the right of eminent domain any privately owned ports, terminal, docks or loading facilities located on any navigable river or stream except at the Port of Mobile.
Ala. Code § 33-2-76 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-76
Section 33-2-76 Revocation or Cancellation of Licenses to Occupy State Property
Status: in_force

Any license heretofore granted by the state, either expressly or by implication, permitting the upland owner to occupy any part of the space between the high-water mark and the low-water mark of any navigable waterway of this state, or along the banks of any river, stream or waterway of this state, may be revoked or cancelled by the department in the same manner and subject to the same conditions as those set forth in Section 33-2-16.
Ala. Code § 33-8-2 — Alabama Code / Title 33 / Chapter 8 / Section 33-8-2
Section 33-8-2 Appropriation; Expenditures
Status: in_force

The sum of $100,000.00, or so much thereof as may be necessary, is hereby appropriated from the State Treasury for expenditure in effectuating the purpose of this chapter. Such expenditures shall be made on requisitions signed by the compact administrator and approved by the Governor.
Ala. Code § 33-10-22 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-22
Section 33-10-22 Purchase of Vehicles, Equipment, Etc
Status: in_force

Where the commission deems it advisable and in the public interest to purchase machinery, equipment or vehicles of certain makes, kinds or types, the commission may purchase those makes, kinds or types, but they shall not pay more than the actual market price for the machinery, equipment or vehicles.
Ala. Code § 33-1-25 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-25
Section 33-1-25 Port Authority Authorized to Carry Fire and Casualty and Public Liability Insurance
Status: in_force

The Alabama State Port Authority is hereby authorized to provide insurance covering loss or damage to its properties, or any properties of others in its custody, care or control, or any properties as to which it has any insurable interest, caused by fire or other casualty; and may likewise provide insurance for the payment of damages on account of the injury to or death of persons, and the loss of or destruction of properties of others; and may pay the premiums thereon out of the revenues of the port authority. Nothing herein shall be construed to authorize or permit the institution of any civil action or proceeding in any court against the port authority for or on account of any matters referred to in this section; provided, that any contracts of insurance herein authorized may, in the discretion of the director of the port authority, provide for a direct right of action against the insurance carrier for the enforcement of any such claims or causes of action. The liability under any such policy or contract of insurance, arising out of such facts and circumstances as would bring such claim or cause of action within the provisions of Chapter 5 of Title 25 of this code, if the port authority were subject to the provisions of said law, shall be governed by the provisions of said law; provided, however, that the Director of the Alabama State Port Authority may increase the hospital and medical liability coverage if in his opinion he deems such increase of such liability coverage to be in the best interests of the port authority; the liability in all other cases from any such policy or contract of insurance, except to the extent expressly stated to the contrary therein, shall be the same as that imposed by law upon private persons, firms or corporations in like circumstances.
Ala. Code § 33-5B-26 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-26
Section 33-5B-26 Fees
Status: in_force

(a) There shall be a fee of twenty dollars ($20) to be collected by the office for processing and issuing the required documents and performing the other duties required by this chapter in connection with each of the following transactions:

(1) an application for a certificate of title;

(2) an application for a replacement certificate of title;

(3) an application for a transfer of ownership by operation of law using a transfer-by-law statement;

(4) an application for a transfer of ownership using a transfer statement;

(5) an application for a transfer of ownership without a certificate of title, transfer-by-law statement, or transfer statement; and

(6) a search request, including upon request the certification required by Section 33-5B-11(e).

(b) There shall be no fee for processing a termination statement or a statement merely providing the office with the name of a secured party’s assignee.

(c) Each county licensing official shall serve as an agent of the office for the purpose of receiving a document specified in subsection (a) or (b), collecting a fee as provided for by subsection (a) and forwarding the document and any fee to the office. A fee of five dollars ($5) shall be paid to the appropriate licensing official for a transaction specified in subsection (a) to be deposited in a separate fund maintained by the licensing official to be used in his or her sole discretion for any legal purpose in the operation of his or her office. There shall be no fee for a transaction specified in subsection (b).

(d) The office may designate as its agent a dealer or financial institution located in this state for the purpose of preparing an application for a certificate of title and collecting the fee provided for by subsection (a) and forwarding the application and fee to the office. An agent acting under this subsection may charge a fee of no more than five dollars ($5) for its services.

(e) The fees collected under this section shall be deposited in the State Treasury to the credit of the State General Fund after the appropriation provided to the office for the implementation and administration of this chapter.
Ala. Code § 33-1-41 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-41
Section 33-1-41 Obligations
Status: in_force

Each and every existing obligation of the Alabama State Docks Department, now known as the Alabama State Port Authority, whether bonded indebtedness, contractual obligation, obligations under collective bargaining agreements, or otherwise, shall remain in full force and effect to precisely the same extent as the obligation exists on August 1, 2000. The Alabama State Docks Department, now known as the Alabama State Port Authority, shall have precisely the same power under applicable law to issue and sell bonds hereafter as it has on August 1, 2000.
Ala. Code § 33-1-1.1 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-1.1
Section 33-1-1.1 Definitions
Status: in_force

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

(1) BOARD. The Board of Directors of the Alabama State Port Authority.

(2) DIRECTOR. The Chief Executive Officer of the Alabama State Port Authority.

(3) DOCKS. Alabama state docks.

(4) PORT AUTHORITY. The Alabama State Port Authority.

(5) STATE ETHICS ACT. Chapter 25, commencing with Section 36-25-1, of Title 36.
Ala. Code § 33-5-2 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-2
Section 33-5-2 Applicability of Article
Status: in_force

The provisions of this article shall be applicable to all vessels as herein defined, navigating the waters within the jurisdiction of this state, except where inconsistent with any laws or regulations of the United States, in which case such laws or regulations shall prevail.
Ala. Code § 33-5B-1 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-1
Section 33-5B-1 Short Title
Status: in_force

This chapter may be cited as the Uniform Certificate of Title for Vessels Act.
Ala. Code § 33-4-35 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-35
Section 33-4-35 Examination and Certification Generally
Status: reserved

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

Before an applicant is branched or licensed, the commission must prepare in writing suitable questions to test his knowledge and competency to become such pilot, who, without any aid from any other person and without having been informed as to what question would be propounded to him, shall answer such questions. When the applicant has reduced his answers to writing, he shall sign the same and deliver them to one of the commissioners, and the commission must cause such answers to be copied legibly, but without the name of the applicant. The commission shall then appoint three fair, impartial and competent nautical men as a committee to examine the answers of the applicants. The applicant or applicants may name one of these, the existing pilots name another, and the commission, or a majority of them, shall name the third. The committee shall examine the copies of the answers of applicants and shall endorse upon the answer of such of the applicants as they find sufficient the following certificate: “We hereby certify that the foregoing answers are satisfactory, and that, in our opinion, the applicant making the same is well acquainted with the pilot grounds, knows how to handle both steam and sailing vessels and is competent to perform the duties of a bay or bar pilot.” When such certificate is duly signed and delivered to the commission, the applicant shall be deemed qualified to receive a license.
Ala. Code § 33-5B-10 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-10
Section 33-5B-10 Title Brand
Status: in_force

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

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

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

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

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

(d) An owner of record that fails to comply with subsection (a), a person that solicits or colludes in a failure by an owner of record to comply with subsection (a), or an insurer that fails to comply with subsection (c) is subject to an administrative penalty of one thousand dollars ($1,000).
Ala. Code § 33-2-34 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-34
Section 33-2-34 Authority, Etc., of Department Under Article Cumulative
Status: in_force

All administration, supervision, authority and responsibility under this article and operations conducted hereunder, vested in the department, shall be in addition to all power, duties and authority conferred on the department by any other statute, it being the intent of this article that the authority, powers, responsibilities and duties imposed by this article shall be in addition to and supplemental of the powers, authority, responsibilities and duties conferred or imposed on the department by any other laws of the state.
Ala. Code § 33-2-126 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-126
Section 33-2-126 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 $2,000,000.00 in aggregate principal amount, under and subject to the provisions hereinafter set forth. The bonds shall be designated as inland facilities bonds of the state. The bonds shall be general obligations of the state for payment of the principal of and interest on which the full faith and credit of the state are hereby irrevocably pledged. The bonds may be issued from time to time in one or more series, shall bear an appropriate series designation, shall be in such form and denominations and of such tenor and maturities, shall bear such rate or rates of interest payable in such manner, may contain provisions for redemption prior to maturity, and may contain other provisions not inconsistent herewith, all as shall be set forth in an order or resolution of the department; provided, that the first installment of principal of bonds of each series must mature not later than 10 years from the date of such series, and the last installment of principal of bonds of such series shall mature not later than 30 years from such date; and, provided further, that any of the bonds having a stated maturity more than 10 years after its date shall be made subject to redemption at the option of the state at the end of the tenth year after the date of such bond and on any interest payment date thereafter under such terms and conditions as may be provided in the order or resolution whereunder such bond is authorized to be issued. The bonds shall be signed in the name of the state by either the facsimile or manually subscribed signatures of the Governor or the director of the department, and the Great Seal of the State, or a facsimile thereof, shall be affixed thereto or engraved, lithographed or imprinted thereon and attested by either the facsimile or manually subscribed signature of the Secretary of State; provided, that the signature on the bonds of any one of the said officials shall be subscribed manually thereon. The bonds may be in either bearer or registered form, either as to principal or interest or both. Interest on the bonds shall be payable semiannually, interest on coupon bonds being evidenced by interest coupons attached thereto, each of which coupons shall be authenticated by the facsimile signature of the State Treasurer imprinted thereon. Bonds issued in coupon form may be exchanged for fully registered bonds or bonds registered as to principal only. Coupon bonds and registered bonds shall be interchangeable; and upon issuance of a coupon bond for a registered bond, all matured and unearned coupons on said bond shall be by the State Treasurer first clipped from said bond and then cancelled. Regulations for the registration of bonds and for interchange of registered and coupon bonds shall be set forth in the order or resolution authorizing the issuance of such bonds. The State Treasurer shall maintain a record of all of the bonds issued hereunder, and shall maintain a separate record of all of the bonds that are registered, including a record of the names and addresses of the registered holders thereof. No order or resolution providing for the authorization or sale of any of the bonds shall become effective until approved by the Governor. The action of the department in adopting an order or resolution authorizing the sale of any of the bonds, and the action of the Governor in approving such order or resolution, shall be conclusive evidence that the funds to be derived from the bonds so authorized to be sold are actually needed at the time for the purposes for which bonds are herein authorized to be issued and that the proceeds of such bonds are intended only for such purposes.
Ala. Code § 33-4-4 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-4
Section 33-4-4 Bond of Commissioners
Status: reserved

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

Before entering upon the duties of their office, the commissioners shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of $1,000.00, for the faithful performance of their duties.
Ala. Code § 33-16-14 — Alabama Code / Title 33 / Chapter 16 / Section 33-16-14
Section 33-16-14 Bonds - State Treasurer to Pay Principal and Interest of Bonds; Records
Status: in_force

Out of any funds in the State Treasury that may be available for such purpose, the State Treasurer is authorized and directed to pay the principal of and interest on the bonds at the respective maturities of the said principal and interest, and he is further authorized and directed to set up and maintain appropriate records pertaining thereto.
Ala. Code § 33-5B-25 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-25
Section 33-5B-25 Duties and Operation of Office
Status: in_force

(a) The office shall retain the evidence used to establish the accuracy of the information in its files relating to the current ownership of a vessel and the information on the certificate of title.

(b) The office shall retain in its files all information regarding a security interest in a vessel for at least 10 years after the office receives a termination statement regarding the security interest. The information must be accessible by the hull identification number for the vessel and any other methods provided by the office.

(c) If a person submits a record to the office, or submits information that is accepted by the office, and requests an acknowledgment of the filing or submission, the office shall send to the person an acknowledgment showing the hull identification number of the vessel to which the record or submission relates, the information in the filed record or submission, and the date and time the record was received or the submission accepted. A request under this section must contain the hull identification number and be delivered by means authorized by the office.

(d) The office shall send or otherwise make available in a record the following information to any person that requests it and pays the applicable fee:

(1) whether the files of the office indicate, as of a date and time specified by the office, but not a date earlier than three days before the office received the request, any certificate of title, security interest, termination statement, or title brand that relates to a vessel:

(A) identified by a hull identification number designated in the request;

(B) identified by a vessel number designated in the request; or

(C) owned by a person designated in the request;

(2) with respect to the vessel:

(A) the name and address of any owner as indicated in the files of the office or on the certificate of title;

(B) the name and address of any secured party as indicated in the files of the office or on the certificate, and the effective date of the information; and

(C) a copy of any termination statement indicated in the files of the office and the effective date of the termination statement; and

(3) with respect to the vessel, a copy of any certificate of origin, secured party transfer statement, transfer-by-law statement under Section 33-5B-20, and other evidence of previous or current transfers of ownership.

(e) In responding to a request under this section, the office may provide the requested information in any medium as determined by the office. On request, the office shall send the requested information in a record that is self-authenticating under Alabama Rule of Evidence 902(1).
Ala. Code § 33-5B-16 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-16
Section 33-5B-16 Termination Statement
Status: in_force

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

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

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

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

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

(d) A secured party that fails to comply with this section is liable to the owner of record for a penalty in the amount of five hundred dollars ($500). Nothing in this subsection precludes the owner of record or another owner from recovering damages under the law of this state other than this chapter.
Ala. Code § 33-5B-27 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-27
Section 33-5B-27 Uniformity of Application and Construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Ala. Code § 33-5-30 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-30
Section 33-5-30 Rules and Regulations - Admissibility as Evidence
Status: in_force

All rules adopted under this article by the secretary shall be admitted as evidence in the courts of this state when accompanied by an affidavit from the secretary certifying that the rule has been lawfully adopted and the affidavit shall be prima facie evidence of proper adoption of the rule.
Ala. Code § 33-17-4 — Alabama Code / Title 33 / Chapter 17 / Section 33-17-4
Section 33-17-4 Procedure for Incorporation
Status: in_force

To become a corporation, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Director of Finance, the Highway Director and the Director of the State Docks Department shall present to the Secretary of State of Alabama an application signed by each of them which shall set forth:

(1) The name, official designation and official residence of each of the applicants, together with certificates respecting the due election of those who are elected to the offices respectively held by them and certified copies of the commissions evidencing the due appointment of those who are appointed to the offices respectively held by them;

(2) The date on which each applicant was inducted into office and the term of office of each applicant;

(3) The name of the proposed corporation, which shall be Tombigbee Valley Development Authority;

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

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

The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of the State of Alabama to take acknowledgments to deeds. The Secretary of State shall examine the application and, if he finds that it substantially complies with the requirements of this section, he shall receive and file it and record it in an appropriate book of records in his office.
Ala. Code § 33-17-12 — Alabama Code / Title 33 / Chapter 17 / Section 33-17-12
Section 33-17-12 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 and the flood control 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 § 33-10-7 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-7
Section 33-10-7 Executive Director - Duties Generally
Status: in_force

The executive director, under policies adopted by the commission, shall manage the executive and administrative functions of the commission and the commission’s general operations and shall serve as chief administrative officer of the commission.
Ala. Code § 33-15-12 — Alabama Code / Title 33 / Chapter 15 / Section 33-15-12
Section 33-15-12 Exemption from Taxation, Etc
Status: in_force

The authority, its income, the property of the authority while owned by it, all bonds issued by the authority, the income from such bonds, conveyances by or to the authority and leases, mortgages and deeds of trust by or to the authority shall be exempt from all taxation in the State of Alabama. The authority shall not be obligated to pay or allow any fees, taxes or costs to the judge of probate of any county in respect of its incorporation, the amendment of its certificate of incorporation or the recording of any document. No license or excise tax may be imposed on the authority in respect to the privilege of engaging in any of the activities authorized by this chapter.
Ala. Code § 33-16-4 — Alabama Code / Title 33 / Chapter 16 / Section 33-16-4
Section 33-16-4 Procedure for Incorporation
Status: in_force

To become a corporation, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Director of Finance, the Highway Director, the Director of the State Docks Department and the President of the Coosa-Alabama River Improvement Association shall present to the Secretary of State of Alabama an application signed by each of them which shall set forth

(1) The name, official designation and official residence of each of the applicants;

(2) The name of the proposed corporation, which shall be Coosa Valley Development Authority;

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

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

The application shall be subscribed and sworn to by each of the applicants before an officer authorized by the laws of the State of Alabama to take acknowledgments to deeds. The Secretary of State shall examine the application and, if he finds that it substantially complies with the requirements of this section, he shall receive and file it and record it in an appropriate book of records in his office.
Ala. Code § 33-5B-30 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-30
Section 33-5B-30 Rulemaking Authority
Status: in_force

The Department of Revenue may adopt rules for the implementation and administration of this chapter.
Ala. Code § 33-2-37 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-37
Section 33-2-37 General Provisions Relative to Additional Inland Waterways Improvement 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 $3,500,000.00 in aggregate principal amount, under and subject to the provisions hereinafter set forth. The bonds shall be designated as inland waterways improvement bonds of the state. The bonds shall be general obligations of the state, for payment of the principal of and interest on which the full faith and credit of the state are hereby irrevocably pledged. The bonds may be issued from time to time in one or more series, shall bear an appropriate series designation, shall be in such form and denominations and of such tenor and maturities, shall bear such rate or rates of interest payable in such manner, may contain provisions for redemption prior to maturity, and may contain other provisions not inconsistent herewith, all as shall be set forth in an order or resolution of the department; provided, that the first installment of principal of the bonds of each series must mature not later than 10 years from the date of such series and the last installment of principal of the bonds of any series must mature not later than 30 years from such date; and, provided further, that any of the bonds having a stated maturity more than five years after its date shall be made subject to redemption at the option of the state at the end of the fifth year after the date of such bond and on any interest payment date thereafter under such terms and conditions as may be provided in the order or resolution whereunder such bond is authorized to be issued. The bonds shall be signed in the name of the state by either the facsimile or manually subscribed signatures of the Governor or the director of the department, and the Great Seal of the State, or a facsimile thereof, shall be affixed thereto or engraved, lithographed or imprinted thereon and attested by either the facsimile or manually subscribed signature of the Secretary of State; provided, that the signature on the bonds of any one of the said officials shall be subscribed manually thereon. The bonds may be in either bearer or registered form, either as to principal or interest or both. Interest on the bonds shall be payable semiannually, interest on coupon bonds being evidenced by interest coupons attached thereto, each of which coupons shall be authenticated by the facsimile signature of the State Treasurer imprinted thereon. Bonds issued in coupon form may be exchanged for fully registered bonds or bonds registered as to principal only. Coupon bonds and registered bonds shall be interchangeable; and upon issuance of a coupon bond for a registered bond, all matured and unearned coupons on said bond shall be by the State Treasurer first clipped from said bond and then cancelled. Regulations for the registration of bonds and for interchange of registered and coupon bonds shall be set forth in the order or resolution authorizing the issuance of such bonds. The State Treasurer shall maintain a record of all of the bonds issued hereunder, and shall maintain a separate record of all of the bonds that are registered, including a record of the names and addresses of the registered holders thereof. No order or resolution providing for the authorization or sale of any of the bonds shall become effective until approved by the Governor. The action of the department in adopting an order or resolution authorizing the sale of any of the bonds, and the action of the Governor in approving such order or resolution, shall be conclusive evidence that the funds to be derived from the bonds so authorized to be sold are actually needed at the time for the purposes for which bonds are herein authorized to be issued and that the proceeds of such bonds are intended only for such purposes.
Ala. Code § 33-2-166 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-166
Section 33-2-166 Bonds and Interest Exempt from Taxation
Status: in_force

Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the State of Alabama or any political subdivision thereof.
Ala. Code § 33-5-78 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-78
Section 33-5-78 “Vessel” Defined
Status: reserved

REPEALED BY ACT 2023-363.

For the purposes of this article, the term “vessel” shall be as defined by Section 33-5-3.
Ala. Code § 33-12-2 — Alabama Code / Title 33 / Chapter 12 / Section 33-12-2
Section 33-12-2 Organization; Appointment, Qualifications, Terms, Etc., of Directors
Status: in_force

The organization and establishment of the agency shall be as follows:

(1) The respective county commission of the Counties of Lauderdale and Limestone shall each nominate by majority vote three candidates for each of two memberships on the board of directors of the agency. Candidates shall be selected from persons residing in these counties and active in municipal, industrial, agricultural, commercial or citizen organizations engaged in promoting comprehensive and unified development of the resources of the watershed as a basis for its general economic growth. The probate judge of each county shall certify the nominations for the two directorships from his county to the Governor, who shall, upon receipt thereof, appoint from the nominees from each county two directors, one from each group of three nominated for each directorship. One member from each county shall be appointed for a two-year term, one member from Lauderdale County for a four-year term, and one member from Limestone County for a six-year term. However, such terms shall continue in all events until successors are appointed. Successors shall be appointed for terms of six years. In the event of a vacancy on the board, the Governor shall appoint a successor for the unexpired term.

(2) The Governor shall appoint an additional director from his cabinet or staff to serve during the Governor’s term of office, and succeeding Governors shall similarly appoint such a director.

(3) The respective county commissions of the Counties of Lauderdale and Limestone shall each nominate by majority vote three incumbent mayors of the incorporated cities and towns within the county and submit such nominations to the Governor, who shall appoint one mayor from each county to serve as a director, for a term of four years, or during his continuance in office as mayor, if his incumbency in such office be less than four years.
Ala. Code § 33-2-136 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-136
Section 33-2-136 Bonds and Interest Exempt from Taxation
Status: in_force

Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the state of Alabama or any political subdivision thereof.
Ala. Code § 33-2-128 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-128
Section 33-2-128 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 33-2-131.
Ala. Code § 33-2-212 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-212
Section 33-2-212 Report Attesting to Actual Deficiency; Adjustment of Amount Previously Transferred; Transfer to State General Fund
Status: in_force

Within 20 days after the close of any quarter of any fiscal year during which moneys have been transferred and paid to the Alabama State Port Authority pursuant to a notification of expected deficiency as described in Section 33-2-211, a written report shall be filed by the Director of the Alabama State Port Authority with the Director of Finance supported by such documentation as may be deemed appropriate by the Director of Finance, attesting to the amount of the actual deficiency, if any, incurred during that quarter by the Alabama State Port Authority respecting its facilities, computed by subtracting the sum of the revenues actually derived by the Alabama State Port Authority from the operation of its facilities for that quarter and those moneys actually made available during that quarter to the Alabama State Port Authority pursuant to Section 40-13-6, from the aggregate of (1) the expenses incurred in operating and maintaining the Alabama State Port Authority’s coal handling facilities during that quarter (including depreciation for that quarter not to exceed five hundred thousand dollars ($500,000)), (2) the expenses incurred in operating and maintaining all the Alabama State Port Authority’s other facilities during that quarter (exclusive of depreciation), and (3) an amount equal to the principal and interest that came due during that quarter on (a) those bonds of the Alabama State Port Authority for payment of principal of and interest on which the revenues of the port authority’s coal handling facilities have been pledged and for which payment has not otherwise been provided through the establishment of a trust or escrow fund making provision for the payment and retirement thereof, and (b) all other bonds or obligations of the state or of the Alabama State Port Authority for payment of principal of and interest on which any of the revenues of the port authority have been pledged and for which payment has not otherwise been provided through the establishment of a trust or escrow fund making a provision for the payment or retirement thereof. Upon receipt of that report and such documentation with respect thereto from the Alabama State Port Authority as the Director of Finance may specify, the Director of Finance, if satisfied as to the accuracy of the amount of the actual deficiency as reflected in the report and accompanying documentation, shall so determine in writing and, if the actual deficiency is greater than the expected deficiency previously computed under this article respecting the quarter in question, there shall be transferred and paid, during the quarter in which such a report of an actual deficiency is filed, out of the Alabama State Docks Facilities Contingency Trust Fund to the Alabama State Port Authority an amount equal to the lesser of (i) the excess of the actual deficiency (computed as described in this section) over the amount previously paid to the Alabama State Port Authority respecting the expected deficiency for the immediately preceding quarter, or (ii) the balance then contained in the Alabama State Docks Facilities Contingency Trust Fund. If at such time the excess of the actual deficiency over the amount previously paid to the Alabama State Port Authority respecting the expected deficiency for the then immediately preceding quarter is more than the balance then contained in the Alabama State Docks Facilities Contingency Trust Fund, the amount of that difference shall be taken into account in determining the expected deficiency, if any, for the then current quarter as if the amount of that difference constituted an expense anticipated to be incurred in operating and maintaining the Alabama State Port Authority’s facilities during the then current quarter. If the actual deficiency is less than the amount previously paid to the Alabama State Port Authority respecting the expected deficiency for the immediately preceding quarter, the amount of that difference shall be taken into account in determining the expected deficiency, if any, for the then current quarter as if the amount of that difference constituted revenues anticipated to be derived by the Alabama State Port Authority from the operation of its facilities for the then current quarter, provided that, in the event there is no expected deficiency for such quarter or if such deficiency does not equal said difference any amount of said difference not taken into account as provided in this sentence for the then current quarter shall be taken into account in determining the expected deficiencies, if any, for future quarters, until said difference shall have been fully taken into account. Within 45 days after the close of the third quarter of each fiscal year, any moneys then contained in and as shall during the remainder of the fourth quarter of the fiscal year be deposited to the credit of the Alabama State Docks Facilities Contingency Trust Fund, except for an amount equal to the amount anticipated to be needed by the port authority during the fourth quarter of the fiscal year to satisfy the expected deficiency, if any, for that quarter, shall be transferred out of the Alabama State Docks Facilities Contingency Trust Fund and deposited to the State General Fund.

The provisions of the immediately preceding paragraph of this section to the contrary notwithstanding, in any fiscal year commencing on or after October 1, 1998, if the determination of the Director of Finance, either as described in Section 33-2-211 regarding an expected deficiency, or as described in this section regarding an actual deficiency being in excess of an expected deficiency for the immediately preceding quarter of the then current fiscal year, has not been made during the first 29 days of any quarter of such fiscal year, any moneys then contained in, and as shall, during the remainder of such quarter of such fiscal year, be deposited to the credit of, the Alabama State Docks Facilities Contingency Trust Fund shall be transferred out of the Alabama State Docks Facilities Contingency Trust Fund on the 30th day of each month in such quarter and deposited to the State General Fund.
Ala. Code § 33-5B-5 — Alabama Code / Title 33 / Chapter 5B / Section 33-5B-5
Section 33-5B-5 Law Governing Vessel Covered by Certificate of Title
Status: in_force

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

(b) A vessel becomes covered by a certificate of title when an application for the certificate and the applicable fee are delivered to the office in accordance with this chapter or to the governmental agency that creates a certificate in another jurisdiction in accordance with the law of that jurisdiction.
Ala. Code § 33-1-32 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-32
Section 33-1-32 Violation of Orders, Etc., of Director or Agents
Status: in_force

If any master, agent, or owner of any water craft shall refuse or neglect to obey the lawful orders or directions of the director or his or her agents in any matter pertaining to the regulations of Mobile Harbor, or the removal or stationing of any water craft in violation of the navigation or other laws of the state, such master, agent, or owner so refusing or neglecting is guilty of a Class A misdemeanor, and, upon conviction thereof before any court of competent jurisdiction, shall be punished by a fine not to exceed five thousand dollars ($5,000), and may also be imprisoned for not more than one year. Any fines so collected shall be paid to the port authority and by it placed to the credit of the operating fund.
Ala. Code § 33-7-2 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-2
Section 33-7-2 Opening and Cleaning Navigable Streams
Status: in_force

The county commission is authorized to make contracts for opening or cleaning out any navigable stream within the county, and for keeping the same free from obstructions.
Ala. Code § 33-7-5 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-5
Section 33-7-5 Obstructing Streams Used for Floating Timber to Market
Status: in_force

Any person who, during the season of high waters, leaves or causes to be left in any of the streams of this state used for floating timber to market saw logs or hewn or square timber which he has put or caused to be put into such stream, so massed or collected together as to obstruct such stream, and who does not use diligence to effect a removal of such obstructions, must, on conviction, be fined not less than $25.00 nor more than $250.00.
Ala. Code § 33-4-41 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-41
Section 33-4-41 Revocation or Suspension of License for Cause - Generally
Status: reserved

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

For any violation by any pilot of any of the provisions of this chapter, or any of the rules and regulations established by the commission under the authority conferred upon the said commission by the provisions of this chapter, or under any authority which may be hereafter conferred upon said commission, the said commission may suspend or revoke the license or branch of such pilot so violating the law or such rules and regulations of said commission. The secretary of said commission shall notify such pilot in writing of the specific charge preferred against him, specifying with reasonable certainty the law or rule or regulation violated, the manner in which the same was violated, and the time and place of such offense, and shall by direction of the commission fix the time for hearing of said charges not less than five nor more than 30 days from the date of such notice. At the time and place set forth in said notice, such pilot may appear in person or by counsel, thereupon the said commission shall hear and determine the said charges. The commission may subpoena witnesses, such subpoenas to be served under the seal of said commission, and attested by the signature of the secretary, and shall be served by the Sheriff of Mobile County, or the Sheriff of Baldwin County, according to the residence of such witnesses. The fees of the sheriff for serving such subpoenas shall be paid out of the funds of said commission.
Ala. Code § 33-5-10 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-10
Section 33-5-10 Certificates of Registration and Numbers Generally -- Issuance; Fees; Disposition of Funds. (Amended by 2026-45)
Status: in_force

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

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

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

(c) All monies received out of the sale of licenses under this article may be used by the secretary for all purposes reasonably necessary in the cost of administration of this article, including the printing of certificates of registration, postage and transportation charges, clerical, personnel, equipment purchases, salaries, and other expenses for each year; except, that no funds collected under this article may be used to supplement or pay the salaries of any law enforcement officers other than those hired specifically for the purposes of administering this article. The secretary shall expend the monies appropriated to the Marine Patrol Division as the secretary deems necessary and appropriate; provided, however, that the appropriations may be expended only for the purposes designated by the Legislature and in the amounts provided therefor in the general appropriation bill and shall be budgeted and allotted in accordance with Article 4 of Chapter 4 of Title 41. It is the intent of the Legislature that the agency utilize existing personnel and equipment of the agency and of the sheriffs of this state to the maximum possible extent in enforcing and administering this article, to the end that there be no costly duplication of services.
Ala. Code § 33-1-17 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-17
Section 33-1-17 Title to Property
Status: in_force

The title to all property acquired by the Alabama State Docks Department and now vested in the State of Alabama shall on August 1, 2000, be vested in the port authority. The director, with the consent and the approval of the board may dispose of, sell, or lease to others, at reasonable prices and for reasonable compensation, without a competitive advertised public auction or advertised sealed bid process any of the property, equipment, and facilities of the port authority.
Ala. Code § 33-2-211 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-211
Section 33-2-211 Notification by Director of Alabama State Port Authority to Director of Finance of Expected Deficiency
Status: in_force

During the first 20 days of each quarter of each fiscal year of the state, beginning with the fiscal year commencing on October 1, 1987, the Director of the Alabama State Port Authority shall notify the Director of Finance in writing as to whether the revenues anticipated to be derived by the Alabama State Port Authority from the operation of its facilities for that quarter, plus those moneys the Director of the Alabama State Port Authority anticipates will be made available during that quarter to the Alabama State Port Authority pursuant to Section 40-13-6, will together be sufficient to pay the aggregate of (1) the expenses anticipated to be incurred in operating and maintaining the Alabama State Port Authority’s coal handling facilities during that quarter (including depreciation for that quarter not to exceed $500,000.00), (2) the expenses anticipated to be incurred in operating and maintaining all the Alabama State Port Authority’s other facilities during that quarter (exclusive of depreciation), and (3) an amount equal to the principal and interest that has or will come due during that quarter on (a) those bonds of the Alabama State Port Authority for payment of principal of and interest on which the revenues of the port authority’s coal handling facilities have been pledged and for which payment has not otherwise been provided through the establishment of a trust or escrow fund making provision for the payment or retirement thereof, and (b) all other bonds or obligations of the state or of the Alabama State Port Authority for payment of principal of and interest on which any of the revenues of the port authority have been pledged and for which payment has not otherwise been provided through the establishment of a trust or escrow fund making provision for the payment or retirement thereof. The notification provided for in the immediately preceding sentence shall specify the estimated amount of the expected deficiency, if any. Upon receipt of a notification of an expected deficiency and such supporting documentation from the Alabama State Port Authority as the Director of Finance may specify, and if the Director of Finance is satisfied as to the accuracy of the estimated amount of the expected deficiency as reflected in the notification thereof and accompanying documentation, he shall so determine in writing and there shall, during the quarter in which the expected deficiency is anticipated to occur, and following the making of any transfer and payment required to be made pursuant to Section 33-2-212, be transferred and paid out of Alabama State Docks Facilities Contingency Trust Fund to the Alabama State Port Authority an amount equal to the lesser of (i) the amount of the expected deficiency computed as described in this section or (ii) such amount as shall then be contained in and as shall during the remainder of the then current quarter of the fiscal year be deposited to the credit of the Alabama State Docks Facilities Contingency Trust Fund.
Ala. Code § 33-1-34 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-34
Section 33-1-34 Ships Entering or Leaving Port of Mobile to Fly Flag of Country of Registry; Name of Country of Registry to Be Stated in Advertising, Etc
Status: in_force

(a) All ships entering or leaving the Port of Mobile shall fly the flag of the country in which such ship is registered and all advertising and sales of passenger ship services of such ships shall clearly state in each advertisement and on each ticket or evidence of sale of such services the name of the country in bold type in which each such ship is registered.

(b) The owner of any ship which fails to comply with the requirement of subsection (a) of this section relative to the flying of the flag of the country in which the ship is registered, and the master thereof, each, forfeits to the use of the State of Alabama the sum of $500.00; and the owner of any ship and any employee or agent of such owner and any other person, firm or corporation, who publishes, distributes or circulates any advertising relative to a ship or who sells or delivers any ticket or other evidence of the sale of passenger service on a ship, which does not state the country of registry of the ship in bold letters, as required by subsection (a) of this section, each, likewise forfeits the sum of $500.00 to the use of the State of Alabama.

(c) The Alabama State Port Authority through its director is hereby authorized and directed to enforce the provisions of this section.
Ala. Code § 33-5-13 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-13
Section 33-5-13 Certificates of Registration and Numbers Generally - Term of Certificates and Licenses. (Amended by 2026-45)
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

After the conversion period all owners of vessels shall continue to register their vessels during the month assigned to the first initial of their last name. All registrations issued on a staggered basis shall expire on the last day of the month which precedes the month assigned for the purchase or renewal of registration. All registrations issued to vessels for which registration is due in October and November shall expire on September 30.
Ala. Code § 33-1-42 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-42
Section 33-1-42 Outstanding Bonds
Status: in_force

It is the intention of the Legislature in enacting Act 2000-598 to preserve inviolate all pledges heretofore made of any portion of the revenues of the Alabama State Docks Department, now known as the port authority, for the benefit of its outstanding bonds. It is further the intention of the Legislature that the port authority shall assume in full and without limitation the due and punctual payment of the principal and interest on the Alabama State Docks Department’s outstanding bonds according to their tenor and due and punctual performance and observance of all agreements and conditions of orders heretofore issued by the Alabama State Docks with respect thereto.
Ala. Code § 33-15-9 — Alabama Code / Title 33 / Chapter 15 / Section 33-15-9
Section 33-15-9 Bonds and Other Obligations - Contracts to Secure Bonds and Other Obligations
Status: in_force

As security for payment of the principal of and interest on bonds issued or obligations assumed by it, the authority may enter into a contract or contracts binding itself for the proper application of the proceeds of bonds and other funds, for the continued operation and maintenance of any facilities owned by it, or any part or parts thereof, for the imposition and collection of reasonable rates for and the promulgation of reasonable regulations respecting any service furnished from such facilities, for the disposition and application of its gross revenues or any part thereof, and for any other act or series of acts not inconsistent with the provisions of this chapter for the protection of the bonds and other obligations being secured and the assurance that the revenues from such facilities will be sufficient to operate such facilities, maintain the same in good repair and in good operating condition, pay the principal of and interest on any bonds payable from such revenues and maintain such reserves as may be deemed appropriate for the protection of the bonds, the efficient operation of such facilities and the making of replacements thereof and capital improvements thereto. Any contract pursuant to the provisions of this section may be set forth in any resolution of the board of directors authorizing the issuance of bonds or the assumption of obligations or in any mortgage and deed of trust or trust indenture made by the authority hereunder.
Ala. Code § 33-10-18 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-18
Section 33-10-18 Lease of State-Owned Waterbottoms
Status: reserved

To enable the commission to perform the work herein provided, the State of Alabama, acting by and through the appropriate state departments, is hereby authorized, empowered and directed to grant to the commission a lease on state-owned waterbottoms which are selected by the commission as sites for the deep draft harbor and terminal; provided, however, that the mineral rights on any and all state lands shall be reserved to the State of Alabama.
Ala. Code § 33-6-5 — Alabama Code / Title 33 / Chapter 6 / Section 33-6-5
Section 33-6-5 Rules, Regulations and Orders Generally - Contents; Compatibility of Marine Toilet Standards with Federal Standards
Status: reserved

THIS SECTION WAS REPEALED IN THE 2002 REGULAR SESSION BY ACT 2002-59, EFFECTIVE OCTOBER 1, 2003.
Ala. Code § 33-15-15 — Alabama Code / Title 33 / Chapter 15 / Section 33-15-15
Section 33-15-15 Annual Reports
Status: in_force

The board of directors of the authority shall report annually to the Governor of Alabama and shall likewise report annually to the governing bodies of Marion, Colbert, Franklin and Winston Counties and the incorporated municipalities named in Section 33-15-4. Such reports shall include a statement of financial receipts and expenditures and a summary of all activities and accomplishments for the period and proposed plans for the next year.
Ala. Code § 33-4A-19 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-19
Section 33-4A-19 Discharge of Apprentice; Appeal
Status: in_force

A Mobile Bay or bar pilot apprentice may not be discharged except for cause, and any apprentice or boatkeeper so discharged may appeal the discharge to the commission, and if the commission, upon an investigation, finds that the discharge was without sufficient cause, the commission may annul the discharge and reinstate the apprentice.
Ala. Code § 33-5A-8 — Alabama Code / Title 33 / Chapter 5A / Section 33-5A-8
Section 33-5A-8 Right of Redemption
Status: in_force

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

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

(2) A judgment creditor, or its transferee.

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

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

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

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

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

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

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

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

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

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

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

(g) Subject to subsection (e), a debtor has priority over any other redeeming party.
Ala. Code § 33-5A-1 — Alabama Code / Title 33 / Chapter 5A / Section 33-5A-1
Section 33-5A-1 Definitions
Status: in_force

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

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

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

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

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

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

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

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

b. Is obstructing a waterway.

c. Is endangering life or property.

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

e. Is listing due to water intrusion.

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

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

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

(6) WATERS OF THIS STATE. Waters of this state as defined in Section 33-5-3.
Ala. Code § 33-15-13 — Alabama Code / Title 33 / Chapter 15 / Section 33-15-13
Section 33-15-13 Monetary Contributions by Certain Counties and Municipalities
Status: in_force

Marion, Colbert, Franklin and Winston Counties and the municipalities named in subdivision (3) of Section 33-15-4 are each hereby authorized and empowered to contribute to the authority any amount or amounts of money, either with or without consideration therefor, that their respective governing bodies, acting in their sole discretion without the necessity of authorization at any election of qualified electors, shall approve to be paid from the general fund of the respective county or municipality. Governing bodies of such counties or municipalities are hereby empowered to levy and collect ad valorem taxes within constitutional limits for such purposes, which are hereby declared to be for municipal and county public purposes.
Ala. Code § 33-7-32 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-32
Section 33-7-32 Prior Rights
Status: in_force

The person, firm or corporation which first, in point of time, shall have complied with the provisions of this article shall be entitled to all the rights and privileges herein granted. The operation of this section shall be retroactive.
Ala. Code § 33-5-17 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-17
Section 33-5-17 Certificates of Registration and Numbers Generally - Classification of Vessels; Registration Fees. (Amended by 2026-45)
Status: in_force

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

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

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

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

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

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

The above stated fees shall also apply to livery boats.

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

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

(c) In addition to the foregoing fees, there shall be an additional registration fee of five dollars ($5) for every Class 1 through 4 vessel registered. All monies received from the additional registration fee provided under this subsection shall be remitted monthly to the State Treasurer to be deposited into the State Reservoir Management Grant Fund not later than 10 days after the first of each month.
Ala. Code § 33-2-105 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-105
Section 33-2-105 Rates and Charges for Use of Facilities
Status: in_force

The department shall have the right and power to fix from time to time and to collect reasonable rates and charges for services rendered by, and for the use of, dock facilities acquired, constructed or operated pursuant to the provisions of this article.
Ala. Code § 33-4-9 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-9
Section 33-4-9 Territorial Jurisdiction
Status: reserved

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

The jurisdiction of said commission, under this chapter, shall extend over the waters of Mobile Bay, Mobile River and over all tributary streams flowing into Mobile Bay and Mobile River in which the tide ebbs and flows, extending to the outer bar below Fort Morgan, Alabama, in the Gulf of Mexico.
Ala. Code § 33-2-162 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-162
Section 33-2-162 Separate Records as to Each Unit of Development
Status: in_force

The department shall establish and maintain a separate record with respect to each unit of development that may have been or may be acquired, constructed or operated in whole or in part under the provisions of this article, or under the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, the 1963 Docks Act or the 1967 Docks Act. Each such separate record shall show: (1) The total amount of the capital investment in each such unit of development, including the amount of such capital investment derived from the proceeds of the bonds issued hereunder, or under the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, the 1963 Docks Act or the 1967 Docks Act; and the amount, if any, of the said capital investment derived from any other source; (2) the expense of operating each such unit of development; and (3) the gross revenues derived from the operation of each such unit of development. In the event any proceeds from bonds issued either under this article, or under the 1957 Docks Act, the 1959 Docks Act, the 1961 Docks Act, the 1963 Docks Act or the 1967 Docks Act shall be used to pay any of the operating expenses of any unit of development, the amount of bond proceeds so used shall be deemed a part of the capital investment in such unit of development.
Ala. Code § 33-15-14 — Alabama Code / Title 33 / Chapter 15 / Section 33-15-14
Section 33-15-14 Freedom of Authority from Supervision and Control
Status: in_force

This chapter is intended to aid the State of Alabama in the execution of its duties by providing an appropriate and independent political subdivision of the state with full and adequate powers to fulfill the functions herein authorized. Except as in this chapter expressly otherwise provided, no proceeding, notice or approval shall be required for the incorporation of the authority or the amendment of its certificate of incorporation, the acquisition of any property or facilities or the issuance of any bonds, mortgage and deed of trust or trust indenture. The authority, its facilities and other property and the rates and charges thereof shall be exempt from all jurisdiction of, and all regulation and supervision by, the Public Service Commission. Neither a public hearing nor the consent of the State Department of Finance shall be prerequisite to the issuance of bonds by the authority. Nothing herein shall be construed to repeal the requirement for obtaining the permit provided for in Section 22-23-2.
Ala. Code § 33-16-15 — Alabama Code / Title 33 / Chapter 16 / Section 33-16-15
Section 33-16-15 Dissolution of Authority
Status: in_force

At any time when no duties or obligations of the authority shall remain to be discharged, or when all duties and obligations remaining to be discharged have been effectively delegated to public corporations, agencies and departments of the state in accordance with Section 33-16-10, the authority may be dissolved upon the filing with the secretary of state of an application for dissolution, which shall be subscribed by each of the members of the authority, and which shall be sworn to by each such member before an officer authorized to take acknowledgments to deeds. Upon the filing of said application for dissolution, the authority shall cease and any property owned by it at the time of its dissolution shall pass to the state. The Secretary of State shall file and record the application for dissolution, in an appropriate book of record in his office, and shall make an issue, under the Great Seal of the State, a certificate that the authority is dissolved and shall record the same certificate with the application of dissolution.
Ala. Code § 33-4-38 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-38
Section 33-4-38 Levy, Payment, and Disposition of Pilot’s License Tax
Status: reserved

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

There is levied upon each licensed pilot engaged in service as a pilot under this chapter a license or privilege tax in the sum of one hundred dollars ($100) annually plus any reasonable additional assessment that arises and is necessarily incurred out of the performance by the pilot commission of its duties imposed by law, to be paid to the secretary of the commission and to be used for defraying all expenses and expenditures of the commission accruing under this chapter. The commission, by proper resolutions, may permit the tax to be paid quarterly. The privilege or license taxes paid to the secretary of the commission shall become a part of the funds of the commission and shall be deposited by the secretary and otherwise handled and disbursed, as required by the provisions of this chapter.
Ala. Code § 33-6-1 — Alabama Code / Title 33 / Chapter 6 / Section 33-6-1
Section 33-6-1 Definitions
Status: in_force

For purposes of this chapter, the following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly requires a different meaning:

(1) WATERCRAFT. Any vessel or contrivance used or capable of being used for navigation or flotation upon water whether or not capable of self-propulsion, except passenger or cargo-carrying vessels which are subject to and are adequately controlled, in the opinion of the State Board of Health, in respect to discharge of sewage and litter, by a department or agency of the federal government.

(2) SEWAGE. All human body wastes.

(3) LITTER. Any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish or similar refuse discharged as no longer useful or useable.

(4) MARINE TOILET. Any toilet or device, including plastic or other kinds of bags or containers, on or within any watercraft for the purpose of discharging sewage.

(5) WATERS OF THIS STATE. All of the waters within this state on which watercraft are used or operated.

(6) PERSON. An individual, partnership, firm, corporation, association or other entity.
Ala. Code § 33-12-1 — Alabama Code / Title 33 / Chapter 12 / Section 33-12-1
Section 33-12-1 Establishment
Status: in_force

In the interest of the unified development of the Alabama portion of the Elk River watershed and for purposes of cooperation with the Tennessee Elk River Area Development Agency, there is hereby authorized, and shall be established as hereinafter provided, a state development agency for the Alabama portion of the Elk River Watershed. The agency, when incorporated in accordance herewith, shall be an instrumentality of the State of Alabama.
Ala. Code § 33-4A-23 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-23
Section 33-4A-23 Issuance of License; Possession and Exhibition of License; Oath of Pilot
Status: in_force

The commission shall issue to each bar pilot licensed and branched by the commission an original and a duplicate certificate of his or her appointment, competency, and authority to act as a bar pilot, and as to the extent thereof, and shall reissue duplicate certificates from time to time, as the occasion may require. The original and duplicate certificates shall be signed by a majority of the commissioners or by the chair by the commission’s direction. Each bay or bar pilot holding a license or branch shall keep upon his or her person, when offering his or her services to any vessel, his or her duplicate certificate and, upon demand of the proper officer of the vessel, shall exhibit the same and allow the officer to inspect it. Before issuing an original license or branch, the commissioners delivering the same to the appointee shall require him or her to take and subscribe in writing an oath as follows, to be administered by the commissioners:

“I, A. B., do solemnly swear (or affirm) that I will faithfully and according to the best of my skill and judgment perform the duties of a bar pilot for the Bay and Harbor of Mobile; that I will at all times, wind and weather and health permitting, use my best exertions to repair on board all vessels which I shall see and conceive to be bound for, coming into or going out of the Harbor or Bay of Mobile, unless I am well assured that some other licensed bar pilot is then on board the same; that I will at all times make the best dispatch in my power to convey safely every vessel committed to my charge coming into or going out of the Bay or Harbor of Mobile; and will at all times well and truly observe, follow and fulfill, to the best of my skill and judgment, all such directions as I may receive from the commissioners of pilotage relative to things appertaining to the duty of a bar pilot, and I will not be a member at the same time of more than one combination or partnership of bar pilots. So help me God.”
Ala. Code § 33-2-65 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-65
Section 33-2-65 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; and the exercise of such powers hereunder shall be subject to all limitations and conditions prescribed in the 1957 Docks Act.
Ala. Code § 33-7-74 — Alabama Code / Title 33 / Chapter 7 / Section 33-7-74
Section 33-7-74 Role of Local Emergency Management Agencies; Construction of Article. (Amended by Act 2026-482)
Status: in_force

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

(a) The local emergency management agency has neither inspection nor regulatory duty or responsibility.

(b) Records pertaining to dams and reservoirs kept by and in the possession of the local emergency management agency shall not be public documents.

(c) Nothing in this article shall be construed to relieve a participating owner or operator of a dam or reservoir of the legal duties, obligations, or liabilities, or to waive any immunity, incident to the ownership or operation of the dam or reservoir.
Ala. Code § 33-1-5 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-5
Section 33-1-5 Officers and Employees; Employee Compensation Plan
Status: in_force

(a) All employees and officers of the Alabama State Port Authority, except the director, non-merit system employees hired or employed pursuant to Section 33-1-3, and those exempt under Section 36-26-10, shall be subject to the provisions of the state Merit System law with respect to the method of selection, classification, and compensation of state employees. Sections 33-1-5.1 and 33-1-5.2 shall apply to the director and the non-merit system employees hired or employed pursuant to Section 33-1-3, including their spouses and dependents.

(b) The port authority may employ port police officers at the Port of Mobile, who shall be employed pursuant to the state Merit System or pursuant to Section 33-1-3. Port police officers employed pursuant to this subsection are constituted peace officers of the State of Alabama with full police power and jurisdiction to enforce the laws of the state and the rules and regulations which may be adopted by the port authority on property owned by or otherwise within the jurisdiction of the port authority and the approaches thereto. Port police officers shall meet the minimum standards for law enforcement officers provided by law.

(c) Notwithstanding any other provision of law to the contrary, the board of directors of the port authority may adopt and implement an employee compensation plan applicable to the director, the non-merit system employees hired or employed pursuant to Section 33-1-3 , and those employees employed pursuant to the state Merit System that provides for compensation to the employees solely out of funds of the port authority in addition to any other compensation payable to any employees under existing law as an incentive for achieving goals specified by the plan. The employee compensation plan may compensate Merit System employees in excess of, and in addition to, the normal compensation received by the Merit System employee. The compensation plan shall complement the existing pay plan applicable to Merit System employees.

(d) Nothing in this section shall be construed to change, alter, diminish, or amend the state Merit System laws or rules which shall continue to apply to all Merit System employees employed by the port authority.
Ala. Code § 33-10-17 — Alabama Code / Title 33 / Chapter 10 / Section 33-10-17
Section 33-10-17 Jurisdiction; Right to Acquire Waterbottoms
Status: in_force

The commission shall have exclusive jurisdiction over the commission development program within the coastal waters of Alabama. The commission shall have the right to acquire waterbottoms inside and outside of the territorial limits of the State of Alabama for use in the construction, operation or maintenance of the facilities functionally required, related, necessary or useful to the operation of the commission.
Ala. Code § 33-1-23 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-23
Section 33-1-23 To What Property Eminent Domain Applicable
Status: reserved

Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000.
Ala. Code § 33-4A-35 — Alabama Code / Title 33 / Chapter 4A / Section 33-4A-35
Section 33-4A-35 Pay of Pilots - Fees of Pilots Retained on Vessels
Status: in_force

If the master of any vessel retains a bar pilot on board, the wind and weather permitting the vessel going to sea, the bar pilot is entitled to tariff fees as established and approved by the commission.
Ala. Code § 33-5-81 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-81
Section 33-5-81 Boating Safety as Part of Driver Education Curricula
Status: in_force

The State Department of Education shall require a segment of the approved driver education curricula to include boating safety in Alabama. The boating safety curricula shall be approved in writing by the secretary and the State Superintendent of Education.
Ala. Code § 33-5-66 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-66
Section 33-5-66 Violations; Penalties
Status: in_force

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

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

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

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

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

(f) All fines, penalties, or forfeitures imposed and collected under this article shall be forwarded immediately by the officer of the court who collects them to the secretary, together with a report giving a list and description of each case in which a fine, penalty, or forfeiture was collected. The reports shall be on forms provided by the secretary and shall contain information as the secretary may require. All monies received by the secretary shall be deposited into the State Treasury to the credit of the State Water Safety Fund.
Ala. Code § 33-5-18 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-18
Section 33-5-18 Certificates of Registration and Numbers Generally - Only Authorized Number to Be Used
Status: in_force

No number other than the number awarded to the vessel or granted reciprocity pursuant to this article shall be painted, attached or otherwise displayed on either side of the bow of such vessel.
Ala. Code § 33-2-201 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-201
Section 33-2-201 Special Purpose Obligations
Status: in_force

(a) The department, from time to time, may issue special purpose obligations, which shall be limited obligations of the department payable from and secured solely by a pledge of private facility payments made by or on behalf of one or more commercial enterprises for the right to use the private facilities financed thereby and shall not be payable from docks facilities revenues or otherwise give rise to any liability on the part of the department other than the private facility payments pledged as security therefor. No special purpose obligation shall give rise to any liability or constitute a debt or obligation of the state or a charge against its credit or taxing powers.

(b) Any special purpose obligations shall be issued pursuant to a resolution of the board of directors of the department. As security for the payment of any special purpose obligations, the department is authorized to pledge for the payment of the obligations any private facility payments made by or on behalf of one or more commercial enterprises for the right to use private facilities financed thereby, which pledge shall be governed by the terms of an indenture or the resolution authorizing the issuance of the obligations. The resolution authorizing the issuance of any special purpose obligations and any indenture may contain any agreements and provisions respecting the private facilities financed thereby, the use of the private facility payments pledged as security therefor, the rights, duties, and remedies of the parties to any indenture and other provisions as are deemed necessary and appropriate by the department. There shall be filed with the department prior to the issuance of any special purpose obligations, a certificate of the director certifying that the estimated amount of the pledged rentals or payments to be derived by the department with respect to the private facilities financed thereby will be at least sufficient to pay the principal of and interest on the obligations, all costs of operating and maintaining the private facilities and all sinking fund, reserve, or other payments required by the indenture securing the obligations.

(c) Special purpose obligations may be executed and delivered by the department at any time and from time to time, shall be in the form and denominations and of the tenor and maturities, shall contain the provisions, and shall bear the rate or rates of interest, payable and evidenced in the manner as may be provided by the resolution authorizing their issuance. Any special purpose obligations may be sold at public or private sale in the manner and at the price or prices and at the time or times as may be determined by the department to be most advantageous. Any expenses, premiums, and commissions in connection with the issuance and sale of special purpose obligations may be payable from the proceeds of sale of the obligations. All special purpose obligations shall be signed by the director and attested by the secretary of the department; provided that a facsimile of either or both officers may be printed or otherwise reproduced on any obligations in lieu of manual execution, provided, that in such case the validity of the obligations shall be dependent upon authentication by the manual signature of the trustee or paying agent for the obligations.

(d) The proceeds of sale of any special purpose obligations may be applied to pay the cost of acquisition, construction, and installation of the private facilities described in the resolution providing for their issuance, including, without limitation, reimbursement of costs theretofore paid by the department or the commercial enterprise for the benefit of which the obligations are issued, to fund the reserves as are necessary and appropriate to secure the payment of the special purpose obligations, to pay the costs and expenses incident to the authorization, issuance, and sale thereof, to purchase the insurance or obtain any other credit enhancement as shall be necessary and appropriate and, if so provided in the resolution authorizing their issuance, interest on the obligations for a reasonable period prior to and during the time required for the acquisition, construction, and equipping of the private facilities. All uses of the proceeds of sale of any special purpose obligations, including the investment of the proceeds prior to the expenditure thereof, shall be consistent with the resolution providing for their issuance and any indenture securing the obligations and shall be authorized by the director.

(e) Subject to the provisions and limitations contained in this section, the department, from time to time, may sell and issue refunding bonds for the purpose of refunding any special purpose obligations then outstanding. The refunding bonds may be subrogated and entitled to all priorities, rights, and pledges to which the special purpose obligations refunded thereby were entitled.

(f) All special purpose obligations issued by the department and the income therefrom including all interest thereon shall be exempt from all taxation in the state.
Ala. Code § 33-5A-12 — Alabama Code / Title 33 / Chapter 5A / Section 33-5A-12
Section 33-5A-12 Rulemaking Authority
Status: in_force

The Alabama State Law Enforcement Agency may adopt rules for the implementation and administration of this chapter.
Ala. Code § 33-2-77 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-77
Section 33-2-77 Bonds and Interest Exempt from Taxation
Status: in_force

Any bonds issued pursuant to the authority of this article and the interest thereon shall be exempt from all taxation by the State of Alabama or any political subdivision thereof.
Ala. Code § 33-5-60 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-60
Section 33-5-60 Reciprocal Agreements with Other States
Status: in_force

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

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

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

(d) No reciprocal agreement shall authorize a person who has been a resident of this state for the past 90 or more days to operate a motorized vessel in this state without a valid boater safety certification issued by the secretary.
Ala. Code § 33-1-28 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-28
Section 33-1-28 Establishment of Harbor Lines; Grant of Licenses for Construction of Wharves, Etc
Status: in_force

The port authority may establish harbor lines, exterior and interior, when not in conflict with similar lines established by the United States. The port authority is hereby empowered to grant licenses in the name of the state to any riparian owner for the construction of wharves, booms and other aids to navigation when such wharves, booms or aids are appurtenant to his upland.
Ala. Code § 33-4-54 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-54
Section 33-4-54 Vessels Required to Take Pilots
Status: reserved

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

All steam or sail vessels crossing the outer bar of Mobile Bay, except those exempt under this chapter, shall be conducted, controlled or navigated by a pilot licensed by or under authority of the laws of the State of Alabama, if the services of a pilot are seasonably tendered or are seasonably available and shall be required to pay the full amount of pilotage now provided by law.
Ala. Code § 33-5A-7 — Alabama Code / Title 33 / Chapter 5A / Section 33-5A-7
Section 33-5A-7 Right to Contest Sale
Status: in_force

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

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

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

(d) Notwithstanding any other provision in this chapter, if the court determines that proper notice was not provided pursuant to this chapter, the sale of the vessel shall be void and the current owners, registrants, secured parties, and lienholders of record shall retain their ownership, security interests, liens, and interests in the vessel.
Ala. Code § 33-5-33 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-33
Section 33-5-33 Fees in Certain Prosecutions
Status: reserved

REPEALED BY ACT 2023-363.

In all misdemeanor cases for violations of the provisions of this article and regulations promulgated thereunder, and in all misdemeanor cases for violation of future laws, the enforcement of which is assigned to the Marine Police Division of the State Department of Conservation and Natural Resources, cognizable in district courts or circuit courts, where the defendant pleads guilty and no appeal is taken, no fee shall be taxed or collected in said court for trial tax, district attorney’s fee or entering judgment in such cases.
Ala. Code § 33-4-13 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-13
Section 33-4-13 Fees
Status: reserved

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

The fees of the commissioners are as follows: For every branch granted, $10.00; for taking and filing bond and affidavit, $1.00; giving copy from records, for each 100 words, $.20; for certifying same, $.50.
Ala. Code § 33-2-200 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-200
Section 33-2-200 Definitions
Status: in_force

The words and terms used in this division shall have the same definitions as provided in Section 33-2-180. In addition, the following words and terms shall be given the following respective meanings:

(1) INDENTURE. Any mortgage, indenture of mortgage, deed of trust, trust agreement, or trust indenture executed by the department as security for its special purpose obligations.

(2) PRIVATE FACILITIES. Any and all kinds of buildings, improvements, equipment, or other facilities for the use and benefit of one or more commercial enterprises engaged in the manufacturing, processing, assembling, storing, warehousing, distributing, or selling of any products of agriculture, mining, or industry, or other commercial activity or research in connection therewith which is determined by the department’s board of directors, in its discretion, to aid commerce and use of the waterways of the state.

(3) PRIVATE FACILITY PAYMENTS. Rentals or other payments made to the department by one or more commercial enterprises for the right to use any private facilities financed with special purpose obligations but not including any rentals or charges payable to the department for the lease or use of its lands underlying any private facilities or any other docks facilities revenues. Any private facility payments shall not be considered docks facilities revenues and shall not be subject to any restrictions or provisions governing any docks facilities revenue bonds.

(4) SHORT-TERM OBLIGATIONS. Any agreements entered into or obligations issued by the department, including any agreements for a line of credit providing for periodic draws from and payments against a line of credit for the purpose of financing the operations or other non-capital expenses of the authority.

(5) SPECIAL PURPOSE OBLIGATIONS. Any bonds or other obligations authorized to be issued and sold by the department to finance private facilities and which are payable solely from private facility payments.
Ala. Code § 33-2-60 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-60
Section 33-2-60 Definitions
Status: in_force

The words and phrases hereinafter set forth, wherever used in this article, shall have the respective meanings hereinafter ascribed to them. These definitions shall include both the singular and the plural.

(1) 1957 DOCKS AMENDMENT. Amendment 116 of the Constitution of Alabama.

(2) THE STATE. The State of Alabama.

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

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

(5) 1957 DOCKS ACT. Article 1 of this chapter.

(6) 1959 DOCKS ACT. Article 2 of this chapter.

(7) THE BONDS. Those issued hereunder.

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

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

(10) INLAND WATERWAYS FACILITIES. All dock facilities at any time acquired or constructed pursuant to the provisions of the 1957 Docks Amendment.

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

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

(13) SURPLUS REVENUES OF THE PORT OF MOBILE FACILITIES. The gross revenues derived from the operation of the Port of Mobile facilities remaining at the end of any fiscal year after there shall have been deducted therefrom all expenses (excluding any deductions for depreciation), incurred during the same fiscal year in the operation of the Port of Mobile facilities and the maintenance thereof in good operating condition, and all payments required to be made during such fiscal year in order to comply with: a. Sinking fund requirements for the Alabama harbor improvement bonds at the time outstanding which were heretofore issued by the state for the development of the Port of Mobile facilities, b. the obligations and agreements on the part of the department under any lease agreement at the time in effect which may have theretofore been made by the department for the rental of facilities located or for use at the Port of Mobile, and c. the obligations and agreements on the part of the department which may have been made in any order of the department providing for the issuance of any revenue bonds at the time outstanding and which were theretofore issued by the department with respect to the Port of Mobile facilities.
Ala. Code § 33-6A-3 — Alabama Code / Title 33 / Chapter 6A / Section 33-6A-3
Section 33-6A-3 Prohibited Activities
Status: in_force

(a) Discharge of untreated sewage is prohibited in all waters of this state.

(b) Recreational vessels with no installed marine sanitation device or approved sewage disposal system and residence boats are prohibited from discharging sewage in all state waters. Notwithstanding any provision of this chapter to the contrary, this chapter shall not be construed as prohibiting the disposal of sewage by a vessel or residence boat into a sewage disposal system constructed and operated according to law and approved by the Department of Public Health.
Ala. Code § 33-6-9 — Alabama Code / Title 33 / Chapter 6 / Section 33-6-9
Section 33-6-9 Expenditures 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 § 33-16-3 — Alabama Code / Title 33 / Chapter 16 / Section 33-16-3
Section 33-16-3 Authorization to Form Public Corporation
Status: in_force

The Governor, the Lieutenant Governor, the Speaker of the House of Representatives of the State Legislature, the Director of Finance, the Highway Director, the Director of the State Docks Department and the President of the Coosa-Alabama River Improvement Association may become a public corporation, with the powers hereinafter provided, by proceeding according to the provisions of Section 33-16-4.
Ala. Code § 33-2-196 — Alabama Code / Title 33 / Chapter 2 / Section 33-2-196
Section 33-2-196 Reserve Funds for Outstanding Bonds
Status: in_force

In the event there shall have been established any reserve or other similar funds for the benefit of any of the outstanding bonds and if the outstanding bonds for which those funds were established are refunded in full by the issuance of refunding bonds hereunder and if under the terms of the instruments establishing such funds, such funds need not be continued for payment of debt service on any outstanding bonds, then any moneys contained in such funds, and any interest accrued with respect thereto after the issuance of said refunding bonds, shall be paid over to the department for its use in providing additions to the docks facilities and for no other purpose, any statutory provision enacted prior to May 29, 1984 to the contrary notwithstanding.
Ala. Code § 33-1-12 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-12
Section 33-1-12 Power to Acquire, Operate, Etc., Structures, Facilities, Etc
Status: in_force

The port authority, in engaging in the work of internal improvement, or promoting, developing, constructing, maintaining and operating harbors, seaports, and riverports within the state and its jurisdiction, may acquire, purchase, install, lease, construct, own, hold, maintain, equip, use, control, and operate, at seaports, or at any ports located on any river or stream which is navigable for commercial traffic, or which may be made so navigable at any time in the future, wharves, piers, docks, quays, grain elevators, cotton compresses, warehouses, and other water and rail terminals and other structures, and facilities needed for the convenient use of the port authority in the aid of commerce, including the dredging of approaches thereto.
Ala. Code § 33-4-12 — Alabama Code / Title 33 / Chapter 4 / Section 33-4-12
Section 33-4-12 Civil Actions to Recover Forfeitures
Status: reserved

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

The commissioners may, in their own names as commissioners, or in that of their chairman as such, bring civil actions for and recover any forfeiture accruing under this chapter not otherwise specifically appropriated.
Ala. Code § 33-3-1 — Alabama Code / Title 33 / Chapter 3 / Section 33-3-1
Section 33-3-1 Police and Supervisory Duties of State Port Authority
Status: in_force

It is hereby made the duty of the Alabama State Port Authority to police and maintain general supervision of the harbor and Port of Mobile, as such harbor lines may be established by the authority from time to time, and of all vessels in and about the same; to coordinate with federal, state, and local government officials for the protection of all shipping while in the harbor and port from fires, snags, obstructions, collisions with rafts, barges, and all other watercraft; to facilitate the movement of all vessels and other watercraft into and out of the harbor and port and from point to point therein having due regard to the conformation of, and conditions surrounding the harbor, which shall include that portion of the waters extending from just north of Buoys 7 and 8 as presently located, but more precisely being located at Latitude 30° 09.9′ N, Longitude 88° 03.1′ W to the north, and including the Theodore Industrial Canal, the Mobile River in the dredged channel, and the Port of Mobile and the Port of Chickasaw, and all dredged channels leading thereto, and such other boundary lines as may be established by the authority. Provided, however, the regulation of shifting vessels by the Harbor Master and deputy harbor masters, by and through duly licensed harbor pilots, who shall actually shift all such vessels, shall be limited to shifting of vessels within the Mobile inner harbor, which is defined as running from a point in the Mobile ship channel in the vicinity of Beacon 74 as presently located, but more precisely being located, at Latitude 30° 37.1’N, Longitude 88° 01.90’W northwardly to the Port of Chickasaw and its tributaries.
Ala. Code § 33-5-22 — Alabama Code / Title 33 / Chapter 5 / Section 33-5-22
Section 33-5-22 Safety Equipment and Navigation Lights; Flags; Flame Arrestor, Etc., for Carburetor
Status: in_force

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

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

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

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

(e) Every motorboat shall have the carburetor or carburetors of every engine, except outboard motors using gasoline as fuel, equipped with an efficient USCG approved flame arrestor, backfire trap, or similar device as may be prescribed by rule of the secretary.
Ala. Code § 33-1-7 — Alabama Code / Title 33 / Chapter 1 / Section 33-1-7
Section 33-1-7 Functions of Secretary-Treasurer; Bond
Status: in_force

(a) The secretary-treasurer shall receive and disburse for the port authority, under the supervision of the director, all moneys which the port authority is authorized to receive and disburse. The secretary-treasurer shall be responsible for the safekeeping thereof and shall properly account therefor. The director shall make a monthly report to the board of the acts and doings of the secretary-treasurer.

(b) Before entering upon the duties of his or her office, the secretary-treasurer shall execute to the State of Alabama a bond, to be approved by the board, in an amount to be fixed by the director of the port authority, for the faithful performance of his or her duties.