1 SB211
2 217494-4
3 By Senator Elliott
4 RFD: Governmental Affairs
5 First Read: 10-FEB-22
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1 SB211
2
3
4 ENROLLED, An Act,
5 Relating to vessels; to adopt the Uniform
6 Certificate of Title for Vessels Act, to provide for the
7 issuance by the Alabama State Law Enforcement Agency of
8 certificates of title on vessels; to require owners of vessels
9 to obtain a certificate of title; to provide for the
10 application process; to provide for the issuance of
11 certificates of title; to provide an issuance fee; to provide
12 for the perfecting of a security interest on a vessel; and to
13 provide for the maintenance of records and files regarding
14 security interests.
15 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
16 Section 1. SHORT TITLE. This act may be cited as the
17 Uniform Certificate of Title for Vessels Act.
18 Section 2. DEFINITIONS.
19 (a) In this act, the following terms shall have the
20 following meanings:
21 (1) BARGE. A vessel that is not self-propelled or
22 fitted for propulsion by sail, paddle, oar, or similar device.
23 (2) BUILDER'S CERTIFICATE. A certificate of the
24 facts of build of a vessel described in 46 C.F.R. § 67.99, as
25 amended.
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1 (3) BUYER. A person that buys or contracts to buy a
2 vessel.
3 (4) CANCEL. With respect to a certificate of title,
4 means to make the certificate ineffective.
5 (5) CERTIFICATE OF ORIGIN. A record created by a
6 manufacturer or importer as the manufacturer's or importer's
7 proof of identity of a vessel. The term includes a
8 manufacturer's certificate or statement of origin and an
9 importer's certificate or statement of origin. The term does
10 not include a builder's certificate.
11 (6) CERTIFICATE OF TITLE. A record, created by the
12 office under this act or by a governmental agency of another
13 jurisdiction under the law of that jurisdiction, that is
14 designated as a certificate of title by the office or agency
15 and is evidence of ownership of a vessel.
16 (7) DEALER. A person, including a manufacturer, in
17 the business of selling vessels.
18 (8) DOCUMENTED VESSEL. A vessel covered by a
19 certificate of documentation issued pursuant to 46 U.S.C.
20 §12105, as amended. The term does not include a
21 foreign-documented vessel.
22 (9) ELECTRONIC. Relating to technology having
23 electrical, digital, magnetic, wireless, optical,
24 electromagnetic, or similar capabilities.
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1 (10) ELECTRONIC CERTIFICATE OF TITLE. A certificate
2 of title consisting of information that is stored solely in an
3 electronic medium and is retrievable in perceivable form.
4 (11) FOREIGN-DOCUMENTED VESSEL. A vessel the
5 ownership of which is recorded in a registry maintained by a
6 country other than the United States which identifies each
7 person that has an ownership interest in a vessel and includes
8 a unique alphanumeric designation for the vessel.
9 (12) GOOD FAITH. Honesty in fact and the observance
10 of reasonable commercial standards of fair dealing.
11 (13) HULL DAMAGE. Compromised with respect to the
12 integrity of a vessel's hull by a collision, allision,
13 lightning strike, fire, explosion, running aground, or similar
14 occurrence, or the sinking of a vessel in a manner that
15 creates a significant risk to the integrity of the vessel's
16 hull.
17 (14) HULL IDENTIFICATION NUMBER. The alphanumeric
18 designation assigned to a vessel pursuant to 33 C.F.R. Chapter
19 1, Part 181, as amended.
20 (15) LIEN CREDITOR. With respect to a vessel, means:
21 (A) a creditor that has acquired a lien on the
22 vessel by attachment, levy, or the like;
23 (B) an assignee for benefit of creditors from the
24 time of assignment;
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1 (C) a trustee in bankruptcy from the date of the
2 filing of the petition;
3 (D) a receiver in equity from the time of
4 appointment; or
5 (E) a person with a lien arising under Section
6 35-11-60, Code of Alabama 1975.
7 (16) OFFICE. The Alabama Department of Revenue.
8 (17) OWNER. A person that has legal title to a
9 vessel.
10 (18) OWNER OF RECORD. The owner indicated in the
11 files of the office or, if the files indicate more than one
12 owner, the one first indicated.
13 (19) PERSON. An individual, corporation, business
14 trust, estate, trust, statutory trust, partnership, limited
15 liability company, association, joint venture, public
16 corporation, government or governmental subdivision, agency,
17 or instrumentality, or any other legal or commercial entity.
18 (20) PURCHASE. To take by sale, lease, mortgage,
19 pledge, consensual lien, security interest, gift, or any other
20 voluntary transaction that creates an interest in a vessel
21 (21) PURCHASER. A person that takes by purchase.
22 (22) RECORD. Information that is inscribed on a
23 tangible medium or that is stored in an electronic or other
24 medium and is retrievable in perceivable form.
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1 (23) SECURED PARTY. With respect to a vessel, means
2 a person:
3 (A) in whose favor a security interest is created or
4 provided for under a security agreement, whether or not any
5 obligation to be secured is outstanding;
6 (B) that is a consignor under Article 9A of Title 7
7 of the Code of Alabama 1975; or
8 (C) that holds a security interest arising under
9 Section 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5) of the
10 Code of Alabama 1975.
11 (24) SECURED PARTY OF RECORD. The secured party
12 whose name is indicated as the name of the secured party in
13 the files of the office or, if the files indicate more than
14 one secured party, the one first indicated.
15 (25) SECURITY INTEREST. An interest in a vessel
16 which secures payment or performance of an obligation if the
17 interest is created by contract or arises under Section
18 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5) of the Code of
19 Alabama 1975. The term includes any interest of a consignor in
20 a vessel in a transaction that is subject to Article 9A of
21 Title 7 of the Code of Alabama 1975. The term does not include
22 the special property interest of a buyer of a vessel on
23 identification of that vessel to a contract for sale under
24 Section 7-2-501 of the Code of Alabama 1975, but a buyer also
25 may acquire a security interest by complying with Article 9A
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1 of Title 7 of the Code of Alabama 1975. Except as otherwise
2 provided in Section 7-2-505, Code of Alabama 1975, the right
3 of a seller or lessor of a vessel under Article 2 of 2A Title
4 7, of the Code of Alabama 1975, to retain or acquire
5 possession of the vessel is not a security interest, but a
6 seller or lessor also may acquire a security interest by
7 complying with Article 9A, Title 7 of the Code of Alabama
8 1975. The retention or reservation of title by a seller of a
9 vessel notwithstanding shipment or delivery to the buyer under
10 Section 7-2-401 of the Code of Alabama 1975, is limited in
11 effect to a reservation of a security interest. Whether a
12 transaction in the form of a lease creates a security interest
13 is determined by Section 7-1-203 of the Code of Alabama 1975.
14 (26) SIGN. With present intent to authenticate or
15 adopt a record, to:
16 (A) make or adopt a tangible symbol; or
17 (B) attach to or logically associate with the record
18 an electronic symbol, sound, or process.
19 (27) STATE. A state of the United States, the
20 District of Columbia, Puerto Rico, the United States Virgin
21 Islands, or any territory or insular possession subject to the
22 jurisdiction of the United States.
23 (28) STATE OF PRINCIPAL USE. The state on whose
24 waters a vessel is or will be used, operated, navigated, or
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1 employed more than on the waters of any other state during a
2 calendar year.
3 (29) TITLE BRAND. A designation of previous damage,
4 use, or condition that must be indicated on a certificate of
5 title.
6 (30) TRANSFER OF OWNERSHIP. A voluntary or
7 involuntary conveyance of an interest in a vessel.
8 (31) VESSEL. Any watercraft used or capable of being
9 used as a means of transportation on water, except:
10 (A) a seaplane;
11 (B) an amphibious vehicle for which a certificate of
12 title is issued pursuant to Chapter 8 of Title 32 of the Code
13 of Alabama 1975, or a similar statute of another state;
14 (C) watercraft less than 18 feet in length that is
15 propelled solely by:
16 (i) sail;
17 (ii) paddle;
18 (iii) oar; or
19 (iv) an engine of less than 75 horsepower;
20 (D) watercraft that operate only on a permanently
21 fixed, manufactured course and the movement of which is
22 restricted to or guided by means of a mechanical device to
23 which the watercraft is attached or by which the watercraft is
24 controlled;
25 (E) a stationary floating structure that:
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1 (i) does not have and is not designed to have a mode
2 of propulsion of its own;
3 (ii) is dependent for utilities upon a continuous
4 utility hookup to a source originating on shore; and
5 (iii) has a permanent, continuous hookup to a
6 shoreside sewage system;
7 (F) watercraft owned by the United States, a state,
8 or a foreign government or a political subdivision of any of
9 them; and
10 (G) watercraft used solely as a lifeboat on another
11 watercraft.
12 (32) VESSEL NUMBER. The alphanumeric designation for
13 a vessel issued pursuant to 46 U.S.C. §12301, as amended.
14 (33) WRITTEN CERTIFICATE OF TITLE. A certificate of
15 title consisting of information inscribed on a tangible
16 medium.
17 (b) The following definitions and terms also apply
18 to this act:
19 (1) AGREEMENT. The term, as defined in Section
20 7-1-201, Code of Alabama 1975.
21 (2) BUYER IN ORDINARY COURSE OF BUSINESS. The term,
22 as defined in Section 7-1-201, Code of Alabama 1975.
23 (3) CONSPICUOUS. The term, as defined in Section
24 7-1-201, Code of Alabama 1975.
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1 (4) CONSUMER GOODS. The term, as defined in Section
2 7-9A-102, Code of Alabama 1975.
3 (5) DEBTOR. The term, as defined in Section
4 7-9A-102, Code of Alabama 1975.
5 (6) KNOWLEDGE. The term, as defined in Section
6 7-1-202, Code of Alabama 1975.
7 (7) LEASE. The term, as defined in Section 7-2A-103,
8 Code of Alabama 1975.
9 (8) LESSOR. The term, as defined in Section
10 7-2A-103, Code of Alabama 1975.
11 (9) NOTICE. The term, as defined in Section 7-1-202,
12 Code of Alabama 1975.
13 (10) REPRESENTATIVE. The term, as defined in Section
14 7-1-201, Code of Alabama 1975.
15 (11) SALE. The term, as defined in Section 7-2-106,
16 Code of Alabama 1975.
17 (12) SECURITY AGREEMENT. The term, as defined in
18 Section 7-9A-102, Code of Alabama 1975.
19 (13) SELLER. The term, as defined in Section
20 7-2-103, Code of Alabama 1975.
21 (14) SEND. The term, as defined in Section 7-1-201,
22 Code of Alabama 1975.
23 (15) VALUE. The term, as defined in Section 7-1-204,
24 Code of Alabama 1975.
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1 (c) The definitions in subsections (a) and (b) do
2 not apply to any state or federal law governing licensing,
3 numbering, or registration if the same term is used in that
4 law.
5 Section 3. APPLICABILITY. Subject to Section 28,
6 this act applies to any transaction, certificate of title, or
7 record relating to a vessel, even if the transaction,
8 certificate of title, or record was entered into or created
9 before January 1, 2024.
10 Section 4. SUPPLEMENTAL PRINCIPLES OF LAW AND
11 EQUITY. Unless displaced by a provision of this act, the
12 principles of law and equity supplement its provisions.
13 Section 5. LAW GOVERNING VESSEL COVERED BY
14 CERTIFICATE OF TITLE.
15 (a) The law of the jurisdiction under whose
16 certificate of title a vessel is covered governs all issues
17 relating to the certificate from the time the vessel becomes
18 covered by the certificate until the vessel becomes covered by
19 another certificate or becomes a documented vessel, even if no
20 other relationship exists between the jurisdiction and the
21 vessel or its owner.
22 (b) A vessel becomes covered by a certificate of
23 title when an application for the certificate and the
24 applicable fee are delivered to the office in accordance with
25 this act or to the governmental agency that creates a
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1 certificate in another jurisdiction in accordance with the law
2 of that jurisdiction.
3 Section 6. CERTIFICATE OF TITLE REQUIRED.
4 (a) Except as otherwise provided in subsections (b)
5 and (c), the owner of a vessel for which this state is the
6 state of principal use shall deliver to the office an
7 application for a certificate of title for the vessel, with
8 the applicable fee, not later than 20 days after the later of:
9 (1) the date of a transfer of ownership; or
10 (2) the date this state becomes the state of
11 principal use.
12 (b) An application for a certificate of title is not
13 required for:
14 (1) a documented vessel;
15 (2) a foreign-documented vessel;
16 (3) a barge;
17 (4) a vessel before delivery if the vessel is under
18 construction or completed pursuant to contract; or
19 (5) a vessel held by a dealer for sale or lease,
20 even if the vessel is used for demonstration purposes or
21 loaned out for use by the dealer.
22 (c) The office may not issue, transfer, or renew a
23 certificate of number for a vessel issued pursuant to the
24 requirements of 46 U.S.C. §12301, as amended, unless the
25 office has created a certificate of title for the vessel or an
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1 application for a certificate of title for the vessel and the
2 applicable fee has been delivered to the office.
3 Section 7. APPLICATION FOR CERTIFICATE OF TITLE.
4 (a) Except as otherwise provided in Sections 10, 15,
5 19, 20, 21, and 22, only an owner may apply for a certificate
6 of title.
7 (b) An application for a certificate of title must
8 be signed by the applicant and contain:
9 (1) the applicant's name, the street address of the
10 applicant's principal residence, and, if different, the
11 applicant's mailing address;
12 (2) the name and mailing address of each other owner
13 of the vessel;
14 (3) a copy of the applicant's driver's license or
15 non-driver identification card;
16 (4) the hull identification number for the vessel
17 or, if none, an application for the issuance of a hull
18 identification number for the vessel;
19 (5) the vessel number for the vessel or, if none
20 issued by the office, an application for a vessel number;
21 (6) a description of the vessel as required by the
22 office, which must include:
23 (A) the official number for the vessel, if any,
24 assigned by the United States Coast Guard;
25 (B) the name of the manufacturer, builder, or maker;
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1 (C) the model year or, if none, the year in which
2 the manufacture or build of the vessel was completed;
3 (D) the overall length of the vessel;
4 (E) the vessel type;
5 (F) the hull material;
6 (G) the propulsion type;
7 (H) the engine drive type, if any; and
8 (I) the fuel type, if any;
9 (7) an indication of all security interests in the
10 vessel known to the applicant and the name and mailing address
11 of each secured party;
12 (8) a statement that the vessel is not a documented
13 vessel or a foreign-documented vessel;
14 (9) any title brand known to the applicant and, if
15 known, the jurisdiction under whose law the title brand was
16 created;
17 (10) if the applicant knows that the vessel is hull
18 damaged, a statement that the vessel is hull damaged;
19 (11) if the application is made in connection with a
20 transfer of ownership, the transferor's name, street address,
21 and, if different, mailing address, the sales price, if any,
22 and the date of the transfer; and
23 (12) if the vessel previously was registered or
24 titled in another jurisdiction, a statement identifying each
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1 jurisdiction known to the applicant in which the vessel was
2 registered or titled.
3 (c) In addition to the information required by
4 subsection (b), an application for a certificate of title may
5 contain an electronic communication address of the owner,
6 transferor, or secured party.
7 (d) Except as otherwise provided in Section 19, 20,
8 21, or 22, an application for a certificate of title must be
9 accompanied by:
10 (1) a certificate of title signed by the owner shown
11 on the certificate and which:
12 (A) identifies the applicant as the owner of the
13 vessel; or
14 (B) is accompanied by a record that identifies the
15 applicant as the owner; or
16 (2) if there is no certificate of title:
17 (A) if the vessel was a documented vessel, a record
18 issued by the United States Coast Guard which shows the vessel
19 is no longer a documented vessel and identifies the applicant
20 as the owner;
21 (B) if the vessel was a foreign-documented vessel, a
22 record issued by the foreign country which shows the vessel is
23 no longer a foreign-documented vessel and identifies the
24 applicant as the owner; or
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1 (C) in all other cases, a certificate of origin,
2 bill of sale, or other record that to the satisfaction of the
3 office identifies the applicant as the owner.
4 (e) A record submitted in connection with an
5 application is part of the application. The office shall
6 maintain the record in its files.
7 (f) The office may require that an application for a
8 certificate of title be accompanied by payment or evidence of
9 payment of fees and taxes payable by the applicant under law
10 of this state other than this act in connection with the
11 application or the acquisition or use of the vessel. If a
12 provision of this act places a duty on the office on delivery
13 to it of an application for a certificate of title and the
14 applicable fee and the office requires that the application be
15 accompanied by payment or evidence of payment of fees and
16 taxes payable by the applicant under the law of this state
17 other than this act, the office is not required to carry out
18 its duty in the absence of such payment or evidence of
19 payment.
20 Section 8. CREATION AND CANCELLATION OF CERTIFICATE
21 OF TITLE.
22 (a) Unless an application for a certificate of title
23 is rejected under subsection (c) or (d), the office shall
24 create a certificate for the vessel in accordance with
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1 subsection (b) after delivery to it of an application that
2 complies with Section 7 and the applicable fee.
3 (b) If the office creates electronic certificates of
4 title, the office shall create an electronic certificate
5 unless in the application the secured party of record or, if
6 none, the owner of record, requests that the office create a
7 written certificate.
8 (c) Except as otherwise provided in subsection (d),
9 the office may reject an application for a certificate of
10 title only if:
11 (1) the application does not comply with Section 7;
12 (2) the application does not contain documentation
13 sufficient for the office to determine whether the applicant
14 is entitled to a certificate;
15 (3) there is a reasonable basis for concluding that
16 the application is fraudulent or issuance of a certificate
17 would facilitate a fraudulent or illegal act; or
18 (4) the application does not comply with the law of
19 this state other than this act.
20 (d) The office shall reject an application for a
21 certificate of title for a vessel that is a documented vessel
22 or a foreign-documented vessel.
23 (e) The office may cancel a certificate of title
24 created by it only if the office:
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1 (1) could have rejected the application for the
2 certificate under subsection (c);
3 (2) is required to cancel the certificate under
4 another provision of this act; or
5 (3) receives satisfactory evidence that the vessel
6 is a documented vessel or a foreign-documented vessel.
7 Section 9. CONTENT OF CERTIFICATE OF TITLE.
8 (a) A certificate of title must contain:
9 (1) the date the certificate was created;
10 (2) the name of the owner of record and, if not all
11 owners are listed, an indication that there are additional
12 owners indicated in the files of the office;
13 (3) the mailing address of the owner of record;
14 (4) the hull identification number;
15 (5) the information listed in Section 7(b)(6);
16 (6) except as otherwise provided in Section 15(b),
17 the name and mailing address of the secured party of record,
18 if any, and if not all secured parties are listed, an
19 indication that there are other security interests indicated
20 in the files of the office; and
21 (7) all title brands indicated in the files of the
22 office covering the vessel, including brands indicated on a
23 certificate created by a governmental agency of another
24 jurisdiction and delivered to the office.
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1 (b) This act does not preclude the office from
2 noting on a certificate of title the name and mailing address
3 of a secured party that is not a secured party of record.
4 (c) For each title brand indicated on a certificate
5 of title, the certificate must identify the jurisdiction under
6 whose law the title brand was created or the jurisdiction that
7 created the certificate on which the title brand was
8 indicated. If the meaning of a title brand is not easily
9 ascertainable or cannot be accommodated on the certificate,
10 the certificate may state: "Previously branded in (insert the
11 jurisdiction under whose law the title brand was created or
12 whose certificate of title previously indicated the title
13 brand)."
14 (d) If the files of the office indicate that a
15 vessel previously was registered or titled in a foreign
16 country, the office shall indicate on the certificate of title
17 that the vessel was registered or titled in that country.
18 (e) A written certificate of title must contain a
19 form that all owners indicated on the certificate may sign to
20 evidence consent to a transfer of an ownership interest to
21 another person. The form must include a certification, signed
22 under penalty for making an unsworn falsification to
23 authorities pursuant to Section 13A-10-109 of the Code of
24 Alabama 1975, as amended, that the statements made are true
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1 and correct to the best of each owner's knowledge,
2 information, and belief.
3 (f) A written certificate of title must contain a
4 form for the owner of record to indicate, in connection with a
5 transfer of an ownership interest, that the vessel is hull
6 damaged.
7 (g) A written certificate of title must contain a
8 form for a secured party to indicate release of its security
9 interest.
10 Section 10. TITLE BRAND.
11 (a) Unless subsection (c) applies, at or before the
12 time the owner of record transfers an ownership interest in a
13 hull-damaged vessel that is covered by a certificate of title
14 created by the office, if the damage occurred while that
15 person was an owner of the vessel and the person has notice of
16 the damage at the time of the transfer, the owner shall:
17 (1) deliver to the office an application for a new
18 certificate that complies with Section 7 and includes the
19 title brand designation "Hull Damaged"; or
20 (2) indicate on the certificate in the place
21 designated for that purpose that the vessel is hull damaged
22 and deliver the certificate to the transferee.
23 (b) After delivery to the office of the application
24 under subsection (a)(1) or the certificate of title under
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1 subsection (a)(2), the office shall create a new certificate
2 that indicates that the vessel is branded "Hull Damaged."
3 (c) Before an insurer transfers an ownership
4 interest in a hull-damaged vessel that is covered by a
5 certificate of title created by the office, the insurer shall
6 deliver to the office an application for a new certificate
7 that complies with Section 6 and includes the title brand
8 designation "Hull Damaged." After delivery of the application
9 to the office, the office shall create a new certificate that
10 indicates that the vessel is branded "Hull Damaged."
11 (d) An owner of record that fails to comply with
12 subsection (a), a person that solicits or colludes in a
13 failure by an owner of record to comply with subsection (a),
14 or an insurer that fails to comply with subsection (c) is
15 subject to an administrative penalty of one thousand dollars
16 ($1,000).
17 Section 11. MAINTENANCE OF AND ACCESS TO FILES.
18 (a) For each record relating to a certificate of
19 title submitted to the office, the office shall:
20 (1) ascertain or assign the hull identification
21 number for the vessel;
22 (2) maintain the hull identification number and all
23 the information submitted with the application pursuant to
24 Section 7(b) to which the record relates, including the date
25 and time the record was delivered to the office;
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1 (3) maintain the files for public inspection subject
2 to subsection (e); and
3 (4) index the files of the office as required by
4 subsection (b).
5 (b) The office shall maintain in its files the
6 information contained in all certificates of title created
7 under this act. The information in the files of the office
8 must be searchable by the hull identification number of the
9 vessel, the vessel number, the name of the owner of record,
10 and any other method used by the office.
11 (c) The office shall maintain in its files, for each
12 vessel for which it has created a certificate of title, all
13 title brands known to the office, the name of each secured
14 party known to the office, the name of each person known to
15 the office to be claiming an ownership interest, and all
16 stolen-property reports the office has received.
17 (d) Upon request, for safety, security, or
18 law-enforcement purposes, the office shall provide to federal,
19 state, or local government the information in its files
20 relating to any vessel for which the office has issued a
21 certificate of title.
22 (e) Except as otherwise provided by the law of this
23 state other than this act, the information required under
24 Section 9 is a public record. The information provided under
25 Section 7(b)(3) is not a public record.
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1 Section 12. ACTION REQUIRED ON CREATION OF
2 CERTIFICATE OF TITLE.
3 (a) On creation of a written certificate of title,
4 the office promptly shall send the certificate to the secured
5 party of record or, if none, to the owner of record, at the
6 address indicated for that person in the files of the office.
7 On creation of an electronic certificate of title, the office
8 promptly shall send a record evidencing the certificate to the
9 owner of record and, if there is one, to the secured party of
10 record, at the address indicated for that person in the files
11 of the office. The office may send the record to the person's
12 mailing address or, if indicated in the files of the office,
13 an electronic address.
14 (b) If the office creates a written certificate of
15 title, any electronic certificate of title for the vessel is
16 canceled and replaced by the written certificate. The office
17 shall maintain in the files of the office the date and time of
18 cancellation.
19 (c) Before the office creates an electronic
20 certificate of title, any written certificate for the vessel
21 must be surrendered to the office. If the office creates an
22 electronic certificate, the office shall destroy or otherwise
23 cancel the written certificate for the vessel which has been
24 surrendered to the office and maintain in the files of the
25 office the date and time of destruction or other cancellation.
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1 If a written certificate being canceled is not destroyed, the
2 office shall indicate on the face of the certificate that it
3 has been canceled.
4 Section 13. EFFECT OF CERTIFICATE OF TITLE. A
5 certificate of title is prima facie evidence of the accuracy
6 of the information in the record that constitutes the
7 certificate.
8 Section 14. EFFECT OF POSSESSION OF CERTIFICATE OF
9 TITLE; JUDICIAL PROCESS. Possession of a certificate of title
10 does not by itself provide a right to obtain possession of a
11 vessel. Garnishment, attachment, levy, replevin, or other
12 judicial process against the certificate is not effective to
13 determine possessory rights to the vessel. This act does not
14 prohibit enforcement under the law of this state other than
15 this act of a security interest in, levy on, or foreclosure of
16 a statutory or common-law lien on a vessel. Absence of an
17 indication of a security interest, statutory lien, or
18 common-law lien on a certificate does not invalidate the
19 security interest or lien.
20 Section 15. PERFECTION OF SECURITY INTEREST.
21 (a) Except as otherwise provided in this section or
22 Section 28, a security interest in a vessel may be perfected
23 only by delivery to the office of an application for a
24 certificate of title that identifies the secured party and
25 otherwise complies with Section 7. The security interest is
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1 perfected on the later of delivery to the office of the
2 application and the applicable fee or attachment of the
3 security interest under Section 7-9A-203 of the Code of
4 Alabama 1975.
5 (b) If the interest of a person named as owner in an
6 application for a certificate of title delivered to the office
7 is a security interest, the application sufficiently
8 identifies the person as a secured party. Identification on
9 the application for a certificate of a person as owner is not
10 by itself a factor in determining whether the person's
11 interest is a security interest.
12 (c) If the office has created a certificate of title
13 for a vessel, a security interest in the vessel may be
14 perfected by delivery to the office of an application, on a
15 form the office may require, to have the security interest
16 added to the certificate. The application must be signed by an
17 owner of the vessel or by the secured party and must include:
18 (1) the name of the owner of record;
19 (2) the name and mailing address of the secured
20 party;
21 (3) the hull identification number for the vessel;
22 and
23 (4) if the office has created a written certificate
24 of title for the vessel, the certificate.
Page 24 SB211
1 (d) A security interest perfected under subsection
2 (c) is perfected on the later of delivery to the office of the
3 application and all applicable fees or attachment of the
4 security interest under Section 7-9A-203 of the Code of
5 Alabama 1975.
6 (e) On delivery of an application that complies with
7 subsection (c) and payment of all applicable fees, the office
8 shall create a new certificate of title pursuant to Section 8
9 and deliver the new certificate or a record evidencing an
10 electronic certificate pursuant to Section 12(a). The office
11 shall maintain in the files of the office the date and time of
12 delivery of the application to the office.
13 (f) If a secured party assigns a perfected security
14 interest in a vessel, the receipt by the office of a statement
15 providing the name of the assignee as secured party is not
16 required to continue the perfected status of the security
17 interest against creditors of and transferees from the
18 original debtor. A purchaser of a vessel subject to a security
19 interest which obtains a release from the secured party
20 indicated in the files of the office or on the certificate
21 takes free of the security interest and of the rights of a
22 transferee unless the transfer is indicated in the files of
23 the office or on the certificate.
24 (g) This section does not apply to a security
25 interest:
Page 25 SB211
1 (1) created in a vessel by a person during any
2 period in which the vessel is inventory held for sale or lease
3 by the person or is leased by the person as lessor if the
4 person is a dealer;
5 (2) in a barge for which no application for a
6 certificate of title has been delivered to the office; or
7 (3) in a vessel before delivery if the vessel is
8 under construction, or completed, pursuant to contract and for
9 which no application for a certificate has been delivered to
10 the office.
11 (h) This subsection applies if a certificate of
12 documentation for a documented vessel is deleted or canceled.
13 If a security interest in the vessel was valid immediately
14 before deletion or cancellation against a third party as a
15 result of compliance with 46 U.S.C. §31321, the security
16 interest is and remains perfected until the earlier of four
17 months after cancellation of the certificate or the time the
18 security interest becomes perfected under this act.
19 (i) A security interest in a vessel arising under
20 Section 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5) of the
21 Code of Alabama 1975, is perfected when it attaches but
22 becomes unperfected when the debtor obtains possession of the
23 vessel, unless before the debtor obtains possession the
24 security interest is perfected pursuant to subsection (a) or
25 (c).
Page 26 SB211
1 (j) A security interest in a vessel as proceeds of
2 other collateral is perfected to the extent provided in
3 Section 7-9A-315 of the Code of Alabama 1975.
4 (k) A security interest in a vessel perfected under
5 the law of another jurisdiction is perfected to the extent
6 provided in Section 7-9A-316(d) of the Code of Alabama 1975.
7 Section 16. TERMINATION STATEMENT.
8 (a) Except as provided in subsection (b), a secured
9 party indicated in the files of the office as having a
10 security interest in a vessel shall deliver a termination
11 statement to the office and, on request of the owner of record
12 in a signed record, shall deliver a copy of the termination
13 statement to the owner of record, by the earlier of:
14 (1) twenty days after the secured party receives a
15 signed demand from an owner for a termination statement and
16 there is no obligation secured by the vessel subject to the
17 security interest and no commitment to make an advance, incur
18 an obligation, or otherwise give value secured by the vessel.
19 (2) if the vessel is consumer goods, 30 days after
20 there is no obligation secured by the vessel and no commitment
21 to make an advance, incur an obligation, or otherwise give
22 value secured by the vessel; or
23 (b) If a written certificate of title has been
24 created and delivered to a secured party, the secured party
25 may comply with the requirements of subsection (a) by signing
Page 27 SB211
1 the release form on the certificate and delivering the
2 certificate to the office or to the owner of record no later
3 than the date required by subsection (a). On request of the
4 owner of record, a secured party that delivers a written
5 certificate with a signed release form to the office shall,
6 not later than the date required by subsection (a), deliver a
7 copy of the certificate showing the signed release form to the
8 owner of record. If the certificate is lost, stolen,
9 mutilated, destroyed, or is otherwise unavailable or
10 illegible, the secured party shall deliver a termination
11 statement to the office as required by subsection (a) and
12 shall deliver to the office with the statement an application
13 for a replacement certificate meeting the requirements of
14 Section 22 and the applicable fee.
15 (c) On delivery to the office of a termination
16 statement under subsection (a) or (b), or on delivery of a
17 written certificate of title with a signed release form to the
18 office or the owner of record under subsection (b), any
19 security interest to which the statement or certificate
20 relates ceases to be perfected. If the security interest to
21 which the statement relates was indicated on the certificate,
22 the office shall create a new certificate and deliver the new
23 certificate or a record evidencing an electronic certificate
24 pursuant to Section 12(a). The office shall maintain in its
25 files the date and time of delivery to the office of a
Page 28 SB211
1 termination statement or written certificate with a signed
2 release form.
3 (d) A secured party that fails to comply with this
4 section is liable to the owner of record for a penalty in the
5 amount of five hundred dollars ($500). Nothing in this
6 subsection precludes the owner of record or another owner from
7 recovering damages under the law of this state other than this
8 act.
9 Section 17. TRANSFER OF OWNERSHIP.
10 (a) On voluntary transfer of an ownership interest
11 in a vessel covered by a certificate of title, the following
12 rules apply:
13 (1) If the certificate is a written certificate of
14 title and the transferor's interest is noted on the
15 certificate, the transferor shall sign the certificate and
16 deliver it to the transferee. If the transferor does not have
17 possession of the certificate, the person in possession of the
18 certificate has a duty to facilitate the transferor's
19 compliance with this subdivision. A secured party does not
20 have a duty to facilitate the transferor's compliance with
21 this subdivision if the proposed transfer is prohibited by the
22 security agreement.
23 (2) If the certificate of title is an electronic
24 certificate of title, the transferor shall sign and deliver to
Page 29 SB211
1 the transferee a record evidencing the transfer of ownership
2 to the transferee.
3 (3) The transferee has a right enforceable by
4 specific performance to require the transferor to comply with
5 subdivision (1) or (2).
6 (b) The creation of a certificate of title
7 identifying the transferee as owner of record satisfies
8 subsection (a).
9 (c) A failure to comply with subsection (a) or to
10 apply for a new certificate of title does not render a
11 transfer of ownership of a vessel ineffective between the
12 parties. Except as otherwise provided in Section 18, 19,
13 23(a), or 24, a transfer of ownership without compliance with
14 subsection (a) is not effective against another person
15 claiming an interest in the vessel.
16 (d) A transferor that complies with subsection (a)
17 is not liable solely in the capacity as owner of the vessel
18 for an event occurring after the transfer, regardless of
19 whether the transferee applies for a new certificate of title.
20 Section 18. EFFECT OF MISSING OR INCORRECT
21 INFORMATION.
22 Except as otherwise provided in Section 7-9A-337 of
23 the Code of Alabama 1975, a certificate of title or other
24 record required or authorized by this act is effective even if
Page 30 SB211
1 it contains incorrect information or does not contain required
2 information.
3 Section 19. TRANSFER OF OWNERSHIP BY SECURED PARTY'S
4 TRANSFER STATEMENT.
5 (a) In this section, "secured party's transfer
6 statement" means a record signed by the secured party of
7 record stating:
8 (1) that there has been a default on an obligation
9 secured by the vessel;
10 (2) that the secured party of record has exercised
11 post-default remedies with respect to the vessel;
12 (3) that, by reason of the exercise, a transferee
13 has acquired the ownership interest of an owner;
14 (4) the name of the owner whose ownership interest
15 has been acquired by the transferee;
16 (5) the name and last known mailing address of the
17 owner of record and the secured party of record;
18 (5) the name of the transferee;
19 (6) other information required by Section 7(b); and
20 (7) one of the following:
21 (A) that the certificate of title is an electronic
22 certificate;
23 (B) that the secured party does not have possession
24 of the written certificate of title created in the name of the
25 owner of record; or
Page 31 SB211
1 (C) that the secured party of record is delivering
2 the written certificate of title created in the name of the
3 owner of record to the office, with the release form signed,
4 with the transfer statement.
5 (b) Unless the office rejects a secured party's
6 transfer statement for a reason stated in Section 8(c), after
7 delivery to the office of the statement and the applicable fee
8 the office shall:
9 (1) accept the statement;
10 (2) amend its files to reflect the transfer; and
11 (3) if the name of the owner whose ownership
12 interest has been transferred is indicated on the certificate
13 of title:
14 (A) cancel the certificate;
15 (B) create a new certificate substituting the name
16 of the transferee for the name of the owner; and
17 (C) deliver the new certificate or a record
18 evidencing an electronic certificate pursuant to Section
19 12(a).
20 (c) An application under subsection (a) or the
21 creation of a certificate of title under subsection (b) is not
22 by itself a disposition of the vessel and does not by itself
23 relieve the secured party of its duties under Article 9A,
24 Title 7, Code of Alabama 1975.
25 Section 20. TRANSFER BY OPERATION OF LAW.
Page 32 SB211
1 (a) In this section:
2 (1) "By operation of law" means pursuant to a law or
3 judicial order affecting ownership of a vessel:
4 (A) because of death, divorce or other family law
5 proceeding, merger, consolidation, dissolution, or bankruptcy;
6 (B) through the exercise of the rights of a lien
7 creditor or a person having a lien created by statute or rule
8 of law; or
9 (C) through other legal process.
10 (2) "Transfer-by-law statement" means a record
11 signed by a transferee stating that by operation of law the
12 transferee has acquired or has the right to acquire an
13 ownership interest in a vessel.
14 (b) A transfer-by-law statement must contain:
15 (1) the name and last known mailing address of the
16 owner of record and the transferee and the other information
17 required by Section 7(b);
18 (2) documentation sufficient to establish the
19 transferee's ownership interest or right to acquire the
20 ownership interest;
21 (3) a statement that:
22 (A) the certificate of title is an electronic
23 certificate of title;
Page 33 SB211
1 (B) the transferee does not have possession of the
2 written certificate of title created in the name of the owner
3 of record; or
4 (C) the transferee is delivering the written
5 certificate to the office with the transfer-by-law statement;
6 and
7 (4) except for a transfer described in subsection
8 (a)(1)(A), evidence that notification of the transfer and the
9 intent to file the transfer-by-law statement has been sent to
10 all persons indicated in the files of the office as having an
11 interest, including a security interest, in the vessel.
12 (c) Unless the office rejects a transfer-by-law
13 statement for a reason stated in Section 8(c) or because the
14 statement does not include documentation satisfactory to the
15 office as to the transferee's ownership interest or right to
16 acquire the ownership interest, after delivery to the office
17 of the statement and payment of fees and taxes payable under
18 the law of this state other than this act in connection with
19 the statement or with the acquisition or use of the vessel,
20 the office shall:
21 (1) accept the statement;
22 (2) amend the files of the office to reflect the
23 transfer; and
Page 34 SB211
1 (3) if the name of the owner whose ownership
2 interest is being transferred is indicated on the certificate
3 of title:
4 (A) cancel the certificate even if the certificate
5 has not been delivered to the office;
6 (B) create a new certificate indicating the
7 transferee as owner;
8 (C) indicate on the new certificate any security
9 interest indicated on the canceled certificate, unless a court
10 order provides otherwise; and
11 (D) deliver the new certificate or a record
12 evidencing an electronic certificate.
13 (d) This section does not apply to a transfer of an
14 interest in a vessel by a secured party under Part 6, Article
15 9A, Title 7 of the Code of Alabama 1975.
16 Section 21. APPLICATION FOR TRANSFER OF OWNERSHIP OR
17 TERMINATION OF SECURITY INTEREST WITHOUT CERTIFICATE OF TITLE.
18 (a) Except as otherwise provided in Section 19 or
19 20, if the office receives, unaccompanied by a signed
20 certificate of title, an application for a new certificate
21 that includes an indication of a transfer of ownership or a
22 termination statement, the office may create a new certificate
23 under this section only if:
24 (1) all other requirements under Sections 7 and 8
25 are met;
Page 35 SB211
1 (2) the applicant provides an affidavit stating
2 facts showing the applicant is entitled to a transfer of
3 ownership or termination statement;
4 (3) the applicant provides the office with
5 satisfactory evidence that notification of the application has
6 been sent to the owner of record and all persons indicated in
7 the files of the office as having an interest, including a
8 security interest, in the vessel, at least 45 days have passed
9 since the notification was sent, and the office has not
10 received an objection from any of those persons; and
11 (4) the applicant submits any other information
12 required by the office as evidence of the applicant's
13 ownership or right to terminate the security interest, and the
14 office has no credible information indicating theft, fraud, or
15 an undisclosed or unsatisfied security interest, lien, or
16 other claim to an interest in the vessel.
17 (b) The office may indicate in a certificate of
18 title created under subsection (a) that the certificate was
19 created without submission of a signed certificate or
20 termination statement. Unless credible information indicating
21 theft, fraud, or an undisclosed or unsatisfied security
22 interest, lien, or other claim to an interest in the vessel is
23 delivered to the office not later than one year after creation
24 of the certificate, on request in a form and manner required
Page 36 SB211
1 by the office, the office shall remove the indication from the
2 certificate.
3 (c) Before the office creates a certificate of title
4 under subsection (a), the office may require the applicant to
5 post a bond. The bond may not exceed twice the value of the
6 vessel as determined by the office. The bond must be in form,
7 amount, and term required by the office and provide for
8 indemnification of any owner, purchaser, or other claimant for
9 any expense, loss, delay, or damage, including reasonable
10 attorney's fees and costs, but not including incidental or
11 consequential damages, resulting from creation or amendment of
12 the certificate.
13 Section 22. REPLACEMENT CERTIFICATE OF TITLE.
14 (a) If a written certificate of title is lost,
15 stolen, mutilated, destroyed, or otherwise becomes unavailable
16 or illegible, the secured party of record or, if no secured
17 party is indicated in the files of the office, the owner of
18 record, may apply for and, by furnishing information
19 satisfactory to the office, obtain a replacement certificate
20 in the name of the owner of record.
21 (b) An applicant for a replacement certificate of
22 title must sign the application, and, except as otherwise
23 permitted by the office, the application must comply with
24 Section 7. The application must include the existing
Page 37 SB211
1 certificate unless the certificate is lost, stolen, mutilated,
2 destroyed, or otherwise unavailable.
3 (c) A replacement certificate of title created by
4 the office must comply with Section 9 and indicate on the face
5 of the certificate that it is a replacement certificate.
6 (d) If a person receiving a replacement certificate
7 of title subsequently obtains possession of the original
8 written certificate, the person promptly shall destroy the
9 original certificate of title.
10 Section 23. RIGHTS OF PURCHASER OTHER THAN SECURED
11 PARTY.
12 (a) A buyer in ordinary course of business has the
13 protections afforded by Sections 7-2-403(2) and 7-9A-320(a) of
14 the Code of Alabama 1975, even if an existing certificate of
15 title was not signed and delivered to the buyer or a new
16 certificate listing the buyer as owner of record was not
17 created.
18 (b) Except as otherwise provided in Sections 17 and
19 24, the rights, with respect to a vessel, of a purchaser that
20 is not a buyer in ordinary course of business are governed by
21 Title 7 of the Code of Alabama 1975.
22 Section 24. RIGHTS OF SECURED PARTY.
23 (a) Subject to subsection (b), the effect of
24 perfection and nonperfection of a security interest and the
25 priority of a perfected or unperfected security interest with
Page 38 SB211
1 respect to the rights of a purchaser or creditor, including a
2 lien creditor, is governed by Title 7 of the Code of Alabama
3 1975. For purposes of the application of the provisions of
4 Title 7 of the Code of Alabama 1975, lien creditor has the
5 meaning provided by this act.
6 (b) If, while a security interest in a vessel is
7 perfected by any method under this act, the office creates a
8 certificate of title that does not indicate that the vessel is
9 subject to the security interest or contain a statement that
10 it may be subject to security interests not indicated on the
11 certificate:
12 (1) a buyer of the vessel, other than a person in
13 the business of selling or leasing vessels of that kind, takes
14 free of the security interest if the buyer, acting in good
15 faith and without knowledge of the security interest, gives
16 value and receives possession of the vessel; and
17 (2) the security interest is subordinate to a
18 conflicting security interest in the vessel that is perfected
19 under Section 15 after creation of the certificate and without
20 the conflicting secured party's knowledge of the security
21 interest.
22 Section 25. DUTIES AND OPERATION OF OFFICE.
23 (a) The office shall retain the evidence used to
24 establish the accuracy of the information in its files
Page 39 SB211
1 relating to the current ownership of a vessel and the
2 information on the certificate of title.
3 (b) The office shall retain in its files all
4 information regarding a security interest in a vessel for at
5 least 10 years after the office receives a termination
6 statement regarding the security interest. The information
7 must be accessible by the hull identification number for the
8 vessel and any other methods provided by the office.
9 (c) If a person submits a record to the office, or
10 submits information that is accepted by the office, and
11 requests an acknowledgment of the filing or submission, the
12 office shall send to the person an acknowledgment showing the
13 hull identification number of the vessel to which the record
14 or submission relates, the information in the filed record or
15 submission, and the date and time the record was received or
16 the submission accepted. A request under this section must
17 contain the hull identification number and be delivered by
18 means authorized by the office.
19 (d) The office shall send or otherwise make
20 available in a record the following information to any person
21 that requests it and pays the applicable fee:
22 (1) whether the files of the office indicate, as of
23 a date and time specified by the office, but not a date
24 earlier than three days before the office received the
25 request, any certificate of title, security interest,
Page 40 SB211
1 termination statement, or title brand that relates to a
2 vessel:
3 (A) identified by a hull identification number
4 designated in the request;
5 (B) identified by a vessel number designated in the
6 request; or
7 (C) owned by a person designated in the request;
8 (2) with respect to the vessel:
9 (A) the name and address of any owner as indicated
10 in the files of the office or on the certificate of title;
11 (B) the name and address of any secured party as
12 indicated in the files of the office or on the certificate,
13 and the effective date of the information; and
14 (C) a copy of any termination statement indicated in
15 the files of the office and the effective date of the
16 termination statement; and
17 (3) with respect to the vessel, a copy of any
18 certificate of origin, secured party transfer statement,
19 transfer-by-law statement under Section 20, and other evidence
20 of previous or current transfers of ownership.
21 (e) In responding to a request under this section,
22 the office may provide the requested information in any medium
23 as determined by the office. On request, the office shall send
24 the requested information in a record that is
25 self-authenticating under Alabama Rule of Evidence 902(1).
Page 41 SB211
1 Section 26. FEES.
2 (a) There shall be a fee of twenty dollars ($20) to
3 be collected by the office for processing and issuing the
4 required documents and performing the other duties required by
5 this act in connection with each of the following
6 transactions:
7 (1) an application for a certificate of title;
8 (2) an application for a replacement certificate of
9 title;
10 (3) an application for a transfer of ownership by
11 operation of law using a transfer-by-law statement;
12 (4) an application for a transfer of ownership using
13 a transfer statement;
14 (5) an application for a transfer of ownership
15 without a certificate of title, transfer-by-law statement, or
16 transfer statement; and
17 (6) a search request, including upon request the
18 certification required by Section 11(e).
19 (b) There shall be no fee for processing a
20 termination statement or a statement merely providing the
21 office with the name of a secured party's assignee.
22 (c) Each county licensing official shall serve as an
23 agent of the office for the purpose of receiving a document
24 specified in subsection (a) or (b), collecting a fee as
25 provided for by subsection (a) and forwarding the document and
Page 42 SB211
1 any fee to the office. A fee of five dollars ($5) shall be
2 paid to the appropriate licensing official for a transaction
3 specified in subsection (a) to be deposited in a separate fund
4 maintained by the licensing official to be used in his or her
5 sole discretion for any legal purpose in the operation of his
6 or her office. There shall be no fee for a transaction
7 specified in subsection (b).
8 (d) The office may designate as its agent a dealer
9 or financial institution located in this state for the purpose
10 of preparing an application for a certificate of title and
11 collecting the fee provided for by subsection (a) and
12 forwarding the application and fee to the office. An agent
13 acting under this subsection may charge a fee of no more than
14 five dollars ($5) for its services.
15 (e) The fees collected under this section shall be
16 deposited in the State Treasury to the credit of the State
17 General Fund after the appropriation provided to the office
18 for the implementation and administration of this act.
19 Section 27. UNIFORMITY OF APPLICATION AND
20 CONSTRUCTION. In applying and construing this uniform act,
21 consideration must be given to the need to promote uniformity
22 of the law with respect to its subject matter among states
23 that enact it.
24 Section 28. RELATION TO ELECTRONIC SIGNATURES IN
25 GLOBAL AND NATIONAL COMMERCE ACT.
Page 43 SB211
1 This act modifies, limits, and supersedes the
2 federal Electronic Signatures in Global and National Commerce
3 Act, 15 U.S.C. §7001, et seq., but does not modify, limit, or
4 supersede Section 101(c) of that act, 15 U.S.C. §7001(c), or
5 authorize electronic delivery of any of the notices described
6 in Section 103(b) of that act, 15 U.S.C. §7003(b).
7 Section 29. EFFECTIVE DATE; TRANSITION RULES;
8 SAVINGS CLAUSE.
9 (a) This act takes effect on January 1, 2024.
10 (b) Except as provided in subsection (c), this act
11 applies to any vessel for which this state is the state of
12 principal use on or after January 1, 2024.
13 (c) Except as provided in subsection (d), the
14 provisions of this act do not apply to a vessel as to which
15 construction has been completed as of December 31, 2023.
16 (d) Notwithstanding subsection (c), the owner of a
17 vessel that is 26 feet or more in length and to which
18 subsection (b) applies may voluntarily apply for a certificate
19 of title as provided in Section 6, in which case the
20 provisions of this act apply to the vessel for all purposes
21 when the application for a certificate of title is delivered
22 to the office and thereafter.
23 (e) The rights, duties, and interests flowing from a
24 transaction, certificate of title, or record relating to a
25 vessel which was validly entered into or created before the
Page 44 SB211
1 date the provisions of this act became applicable to the
2 vessel and would be subject to this act if it had been entered
3 into or created on or after the date the provisions of this
4 act became applicable to the vessel, remain valid on and after
5 the date the provisions of this act became applicable to the
6 vessel.
7 (f) This act does not affect an action or proceeding
8 commenced before the date the provisions of this act became
9 applicable.
10 (g) Except as otherwise provided in subsection (i),
11 a security interest in a vessel that is enforceable
12 immediately before the date the provisions of this act became
13 applicable to the vessel and would have priority over the
14 rights of a person that becomes a lien creditor at that time
15 is a perfected security interest under this act.
16 (h) A security interest in a vessel perfected
17 immediately before the date the provisions of this act became
18 applicable to the vessel remains perfected until the earlier
19 of:
20 (1) the time perfection would have ceased under the
21 law under which the security interest was perfected; or
22 (2) three years after the date the provisions of
23 this act became applicable to the vessel.
24 (i) This act does not affect the priority of a
25 security interest in a vessel if immediately before the date
Page 45 SB211
1 the provisions of this act became applicable to the vessel the
2 security interest is enforceable and perfected, and that
3 priority is established.
4 Section 30. The Department of Revenue may adopt
5 rules for the implementation and administration of this act.
6 Section 31. This act shall become operative
7 contingent upon full funding from the State General Fund for
8 its implementation and administration, as certified by the
9 Commissioner of Revenue.
10 Section 32. This act shall become effective on
11 January 1, 2024, following its passage and approval by the
12 Governor, or its otherwise becoming law.
Page 46 SB211
1
2
3
4
President and Presiding Officer of the Senate
5
6 Speaker of the House of Representatives
SB2117
8 Senate 16-FEB-22
9 I hereby certify that the within Act originated in and passed
10 the Senate, as amended.
11
12 Patrick Harris,
13 Secretary.
14
15
16
17 House of Representatives
18 Amended and passed 01-MAR-22
19
20
21 Senate concurred in House amendment 08-MAR-22
22
23
24 By: Senator Elliott
Page 47