Title 33 — Title 33
0 chapters · 531 sections in this title.
Ala. Code § 33-1-1 State May Engage in Promoting, Constructing, Operating, Etc., Harbors
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and Ports; Expenditure of Funds to Entertain Customers, Etc., Authorized; Audit and Accounting of Certain Expenditures. The State of Alabama may engage in, through the agency of the Alabama State Port Authority provided and designated by law, works of internal improvement, and of…
Ala. Code § 33-1-1.1 Definitions
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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…
Ala. Code § 33-1-10 State Docks Advisory Committee - Committee to Act in Advisory
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Capacity. Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000. History: (Acts 1955, No. 103, p. 345, §6; Acts 1961, Ex. Sess., No. 302, p. 2362, §2.)
Ala. Code § 33-1-11 Jurisdiction
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The jurisdiction of the port authority in any harbor or seaport within the state shall extend over the waters and shores of a harbor and shall extend to the outer edge of the outer bar at the harbor or seaport. The jurisdiction of the port authority shall also extend over the wat…
Ala. Code § 33-1-12 Power to Acquire, Operate, Etc., Structures, Facilities, Etc
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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, e…
Ala. Code § 33-1-12.1 Additional Powers
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In addition to the powers conferred in this chapter and by other applicable law, the port authority shall have the following powers: (1) To have and use a corporate seal and to alter the same at pleasure. (2) To exercise the right of eminent domain as freely and completely, and i…
Ala. Code § 33-1-13 Governor May Make Additional Investigations Relative to Acquisition,
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Etc., of Facilities. Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000. History: (Acts 1923, No. 303, p. 330; Code 1923, §2538; Acts 1927, No. 1, p. 1; Acts 1935, No. 385, p. 821; Code 1940, T. 38, §14.)
Ala. Code § 33-1-14 Appraisal of Real Estate; Approval of Facilities by Governor Prerequisite
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to Beginning Project. Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000. History: (Acts 1923, No. 303, p. 330; Code 1923, §2539; Acts 1927, No. 1, p. 1; Acts 1935, No. 385, p. 821; Code 1940, T. 38, §15.)
Ala. Code § 33-1-15 Amendment of Plans
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Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000. History: (Acts 1927, No. 1, p. 1; Acts 1935, No. 385, p. 821; Code 1940, T. 38, §16.)
Ala. Code § 33-1-16 Terminal Railroads
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(a) The port authority may acquire, own, lease, locate, install, construct, hold, maintain, control, and operate at seaports, and at such other locations within the state as the port authority shall determine is in furtherance of promoting harbors, seaports, and riverports within…
Ala. Code § 33-1-17 Title to Property
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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 reas…
Ala. Code § 33-1-18 Sales of Submerged Lands and Made Lands Lying Under or Abutting
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Tidal Waters. (a) The Director of the Alabama State Port Authority is vested with power and authority to obtain and negotiate a sale of any submerged lands and made lands claimed or owned by the state, which lands are under or were formerly under any of the tidal waters of the St…
Ala. Code § 33-1-19 Exemption of Leases, Etc., from Taxation
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All leases of real estate within the boundaries of the approved plan or within the boundaries of any amendment or extension thereof, for port or harbor improvement in and by the State of Alabama, the port authority, or its predecessors, now in effect, and also all structures and …
Ala. Code § 33-1-2 Alabama State Port Authority
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(a) There shall be a state agency known as the Alabama Port Authority, hereinafter sometimes referred to as the port authority. Notwithstanding any other provision of law, whenever any act, section of this code, or any other provision of law refers to the Alabama State Docks Depa…
Ala. Code § 33-1-20 Exchange of Property and Relocation of Buildings, Etc
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The port authority may exchange any property or properties acquired under the authority of this chapter for other property or properties usable in carrying out the powers hereby conferred, and also remove from lands needed for its purposes and reconstruct on other locations build…
Ala. Code § 33-1-21 Enforcement
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The port authority may bring and prosecute all civil actions and other legal proceedings proper or necessary for the enforcement of its rights growing out of any of its transactions or operations authorized by this chapter. History: (Code 1923, §2545; Acts 1935, No. 385, p. 821; …
Ala. Code § 33-1-22 Acquisition of Property and Rights-of-Way
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For the acquiring of rights-of-way and property necessary for the construction of terminal railroads and structures, including railroad crossings, wharves, piers, docks, quays, grain elevators, cotton compresses, warehouses, and other riparian and littoral terminals and structure…
Ala. Code § 33-1-23 To What Property Eminent Domain Applicable
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Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000. History: (Acts 1923, No. 303, p. 330; Code 1923, §2543; Acts 1927, No. 1, p. 1; Acts 1935, No. 385, p. 821; Code 1940, T. 38, §23.)
Ala. Code § 33-1-24 Conduct of Operation of Harbors, Ports, Facilities, Etc., by Port
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Authority. The operation of all harbors and seaports within the state and the improvements and facilities hereby authorized shall be conducted in the name of the Alabama State Port Authority. In such operation, the port authority may contract such current indebtedness as is neces…
Ala. Code § 33-1-25 Port Authority Authorized to Carry Fire and Casualty and Public Liability
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Insurance. 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 casua…
Ala. Code § 33-1-26 Power of Port Authority to Fix Charges for Use of State Facilities;
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Charges for Use of Private Facilities. In order to enable the port authority to earn funds to pay operating expenses and interest on the bonds and to create a sinking fund for the retirement of the bonds, the port authority shall have the right and power to fix from time to time …
Ala. Code § 33-1-27 Exercise and Evidence of Authority of Governor and Port Authority
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The Governor and the port authority, respectively, are directed and required to exercise the power and authority by this chapter conferred upon them, respectively, to whatever extent is necessary to the accomplishment of the improvement and development hereby authorized. Any appr…
Ala. Code § 33-1-28 Establishment of Harbor Lines; Grant of Licenses for Construction of
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Wharves, Etc. 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 constructi…
Ala. Code § 33-1-29 Revocation or Suspension of Upland Owners’ Licenses
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Any license granted by the State of Alabama, either expressly or by implication, permitting the upland owner to occupy any part of the space between the channel of the Mobile River or the low water mark of the Mobile Bay and the high water mark, may be revoked by order of the dir…
Ala. Code § 33-1-3 Director
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The chief executive officer of the port authority shall be known as the Director of the Alabama State Port Authority. The director may not have any financial interest in any harbor facilities or property that the port authority or its predecessors have acquired or may acquire or …
Ala. Code § 33-1-30 Establishment of Foreign Trade Zones
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In order to comply with the laws, rules and regulations of the federal government governing the establishment of foreign trade zones, under an act of Congress entitled “An Act to provide for the establishment, operation and maintenance of foreign trade zones in ports of entry of …
Ala. Code § 33-1-31 Rulemaking Authority; Violations
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The port authority is authorized to formulate and promulgate rules and regulations for the operation of any seaport, harbor, or any asset related to an intermodal or multi-modal transfer facility owned or operated by the port authority within the state. Any person, firm, associat…
Ala. Code § 33-1-32 Violation of Orders, Etc., of Director or Agents
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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…
Ala. Code § 33-1-33 Failure to Remove Dangerous Vessels on Order of Port Authority
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Any owner or any agency in control of any vessel that is anchored, moored, or made fast to the shore when the same is in bad repair, liable to sink, liable to pollute adjacent water or determined to be a substantial threat to pollute adjacent water, or deemed to be a derelict ves…
Ala. Code § 33-1-34 Ships Entering or Leaving Port of Mobile to Fly Flag of Country of
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Registry; Name of Country of Registry to Be Stated in Advertising, Etc. (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 sta…
Ala. Code § 33-1-35 Depositing Substance That Will Form Obstruction to Navigation
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Any person who shall deposit or cause to be deposited, in the waters of the Harbor of Mobile, any substance that will sink and form an obstruction to navigation, without first obtaining permission in writing, of the Alabama State Port Authority, which permission shall describe wi…
Ala. Code § 33-1-36 Authority of Alabama State Port Authority to Contract with Federal
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Government for Purpose of Receiving Funds, Supplies, Facilities, Etc.; Regulation and Promotion of Projects; Payment of Relocation, Etc., Expenses of Persons Displaced. (a) The State of Alabama, acting through its agency, the Alabama State Port Authority, with the consent of the …
Ala. Code § 33-1-37 Safety Incentive Program
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The Director of the Alabama State Port Authority, to promote a safe working environment, may expend funds from fees collected by the port authority or from funds appropriated to the port authority in an amount not to exceed fifty thousand dollars ($50,000) per fiscal year to prov…
Ala. Code § 33-1-38 Compliance with Railway Labor Act
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(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…
Ala. Code § 33-1-39 Contracts
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(a) All contracts of the Alabama State Docks Department, now known as the Alabama State Port Authority, shall be in writing to precisely the same extent, and shall be approved and executed in precisely the same manner, as such contracts are on August 1, 2000, except that, where a…
Ala. Code § 33-1-4 Assistant Directors
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Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000. History: (Acts 1955, No. 103, p. 345, §6; Acts 1961, Ex. Sess., No. 302, p. 2362, §2.)
Ala. Code § 33-1-40 Sovereign Immunity
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The port authority shall have sovereign immunity from suit to precisely the same extent as the Alabama State Docks Department had on August 1, 2000. History: (Act 2000-598, p. 1199, §5.)
Ala. Code § 33-1-41 Obligations
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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…
Ala. Code § 33-1-42 Outstanding Bonds
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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 int…
Ala. Code § 33-1-5 Officers and Employees; Employee Compensation Plan
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(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 respec…
Ala. Code § 33-1-5.1 Retirement Plans for Employees of Alabama State Port Authority
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(a) The Alabama State Port Authority may establish and fund retirement plans for employees of the port authority including, but not limited to, those employees who are employed by the port authority under Sections 33-1-3 and 36-26-19, those employees who are “exempt” under Sectio…
Ala. Code § 33-1-5.2 Life and Health Insurance for Certain Salaried Officers and Employees
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of State Docks. (a) The Alabama State Port Authority may provide and establish a plan of life and health insurance for the salaried officers and employees of the port authority who work full time for the port authority and receive their compensation on a bi-weekly basis and also …
Ala. Code § 33-1-6 Bonds Required of Certain Employees
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Before entering upon the duties of their respective offices, all employees of the port authority handling money or vested with discretionary powers shall execute to the State of Alabama a bond, to be approved by the board, in amounts to be fixed by the director of the port author…
Ala. Code § 33-1-7 Functions of Secretary-Treasurer; Bond
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(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 prop…
Ala. Code § 33-1-8 Board of Directors
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(a)(1) The port authority shall be governed by a board of directors, consisting of eight appointed members and one ex officio member. a. The Governor shall appoint eight members subject to confirmation by the Senate as follows: b. Two members from the southern region of this stat…
Ala. Code § 33-1-9 State Docks Advisory Committee - Vice-Chairman and Secretary;
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Meetings; Quorum; Records. Repealed by Act 2000-598, §8, 2000 Regular Session, effective August 1, 2000. History: (Acts 1955, No. 103, p. 345, §5.)