Alabama 2022 Regular Session

Alabama Senate Bill SB211 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 SB211
2		-	2 217494-4
	2	+	2 217494-2
3	3		3 By Senator Elliott
4	4		4 RFD: Governmental Affairs
5	5		5 First Read: 10-FEB-22
6	6
7		-	Page 0 SB211
8		-	1 SB211
	7	+	Page 0 1 SB211
9	8		2
10	9		3
11		-	4 ENROLLED, An Act,
12		-	5 Relating to vessels; to adopt the Uniform
13		-	6 Certificate of Title for Vessels Act, to provide for the
14		-	7 issuance by the Alabama State Law Enforcement Agency of
15		-	8 certificates of title on vessels; to require owners of vessels
16		-	9 to obtain a certificate of title; to provide for the
17		-	10 application process; to provide for the issuance of
18		-	11 certificates of title; to provide an issuance fee; to provide
19		-	12 for the perfecting of a security interest on a vessel; and to
20		-	13 provide for the maintenance of records and files regarding
21		-	14 security interests.
22		-	15 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23		-	16 Section 1. SHORT TITLE. This act may be cited as the
24		-	17 Uniform Certificate of Title for Vessels Act.
25		-	18 Section 2. DEFINITIONS.
26		-	19 (a) In this act, the following terms shall have the
27		-	20 following meanings:
28		-	21 (1) BARGE. A vessel that is not self-propelled or
29		-	22 fitted for propulsion by sail, paddle, oar, or similar device.
30		-	23 (2) BUILDER'S CERTIFICATE. A certificate of the
31		-	24 facts of build of a vessel described in 46 C.F.R. § 67.99, as
32		-	25 amended.
33		-	Page 1 SB211
34		-	1 (3) BUYER. A person that buys or contracts to buy a
35		-	2 vessel.
36		-	3 (4) CANCEL. With respect to a certificate of title,
37		-	4 means to make the certificate ineffective.
38		-	5 (5) CERTIFICATE OF ORIGIN. A record created by a
39		-	6 manufacturer or importer as the manufacturer's or importer's
40		-	7 proof of identity of a vessel. The term includes a
41		-	8 manufacturer's certificate or statement of origin and an
42		-	9 importer's certificate or statement of origin. The term does
43		-	10 not include a builder's certificate.
44		-	11 (6) CERTIFICATE OF TITLE. A record, created by the
45		-	12 office under this act or by a governmental agency of another
46		-	13 jurisdiction under the law of that jurisdiction, that is
47		-	14 designated as a certificate of title by the office or agency
48		-	15 and is evidence of ownership of a vessel.
49		-	16 (7) DEALER. A person, including a manufacturer, in
50		-	17 the business of selling vessels.
51		-	18 (8) DOCUMENTED VESSEL. A vessel covered by a
52		-	19 certificate of documentation issued pursuant to 46 U.S.C.
53		-	20 §12105, as amended. The term does not include a
54		-	21 foreign-documented vessel.
55		-	22 (9) ELECTRONIC. Relating to technology having
56		-	23 electrical, digital, magnetic, wireless, optical,
57		-	24 electromagnetic, or similar capabilities.
58		-	Page 2 SB211
59		-	1 (10) ELECTRONIC CERTIFICATE OF TITLE. A certificate
60		-	2 of title consisting of information that is stored solely in an
61		-	3 electronic medium and is retrievable in perceivable form.
62		-	4 (11) FOREIGN-DOCUMENTED VESSEL. A vessel the
63		-	5 ownership of which is recorded in a registry maintained by a
64		-	6 country other than the United States which identifies each
65		-	7 person that has an ownership interest in a vessel and includes
66		-	8 a unique alphanumeric designation for the vessel.
67		-	9 (12) GOOD FAITH. Honesty in fact and the observance
68		-	10 of reasonable commercial standards of fair dealing.
69		-	11 (13) HULL DAMAGE. Compromised with respect to the
70		-	12 integrity of a vessel's hull by a collision, allision,
71		-	13 lightning strike, fire, explosion, running aground, or similar
72		-	14 occurrence, or the sinking of a vessel in a manner that
73		-	15 creates a significant risk to the integrity of the vessel's
74		-	16 hull.
75		-	17 (14) HULL IDENTIFICATION NUMBER. The alphanumeric
76		-	18 designation assigned to a vessel pursuant to 33 C.F.R. Chapter
77		-	19 1, Part 181, as amended.
78		-	20 (15) LIEN CREDITOR. With respect to a vessel, means:
79		-	21 (A) a creditor that has acquired a lien on the
80		-	22 vessel by attachment, levy, or the like;
81		-	23 (B) an assignee for benefit of creditors from the
82		-	24 time of assignment;
83		-	Page 3 SB211
84		-	1 (C) a trustee in bankruptcy from the date of the
	10	+	4 ENGROSSED
	11	+	5
	12	+	6
	13	+	7 A BILL
	14	+	8 TO BE ENTITLED
	15	+	9 AN ACT
	16	+	10
	17	+	11 Relating to vessels; to adopt the Uniform
	18	+	12 Certificate of Title for Vessels Act, to provide for the
	19	+	13 issuance by the Alabama State Law Enforcement Agency of
	20	+	14 certificates of title on vessels; to require owners of vessels
	21	+	15 to obtain a certificate of title; to provide for the
	22	+	16 application process; to provide for the issuance of
	23	+	17 certificates of title; to provide an issuance fee; to provide
	24	+	18 for the perfecting of a security interest on a vessel; and to
	25	+	19 provide for the maintenance of records and files regarding
	26	+	20 security interests.
	27	+	21 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	28	+	22 Section 1. SHORT TITLE. This act may be cited as the
	29	+	23 Uniform Certificate of Title for Vessels Act.
	30	+	24 Section 2. DEFINITIONS.
	31	+	25 (a) In this act, the following terms shall have the
	32	+	26 following meanings:
	33	+	Page 1 1 (1) BARGE. A vessel that is not self-propelled or
	34	+	2 fitted for propulsion by sail, paddle, oar, or similar device.
	35	+	3 (2) BUILDER'S CERTIFICATE. A certificate of the
	36	+	4 facts of build of a vessel described in 46 C.F.R. § 67.99, as
	37	+	5 amended.
	38	+	6 (3) BUYER. A person that buys or contracts to buy a
	39	+	7 vessel.
	40	+	8 (4) CANCEL. With respect to a certificate of title,
	41	+	9 means to make the certificate ineffective.
	42	+	10 (5) CERTIFICATE OF ORIGIN. A record created by a
	43	+	11 manufacturer or importer as the manufacturer's or importer's
	44	+	12 proof of identity of a vessel. The term includes a
	45	+	13 manufacturer's certificate or statement of origin and an
	46	+	14 importer's certificate or statement of origin. The term does
	47	+	15 not include a builder's certificate.
	48	+	16 (6) CERTIFICATE OF TITLE. A record, created by the
	49	+	17 office under this act or by a governmental agency of another
	50	+	18 jurisdiction under the law of that jurisdiction, that is
	51	+	19 designated as a certificate of title by the office or agency
	52	+	20 and is evidence of ownership of a vessel.
	53	+	21 (7) DEALER. A person, including a manufacturer, in
	54	+	22 the business of selling vessels.
	55	+	23 (8) DOCUMENTED VESSEL. A vessel covered by a
	56	+	24 certificate of documentation issued pursuant to 46 U.S.C.
	57	+	25 §12105, as amended. The term does not include a
	58	+	26 foreign-documented vessel.
	59	+	Page 2 1 (9) ELECTRONIC. Relating to technology having
	60	+	2 electrical, digital, magnetic, wireless, optical,
	61	+	3 electromagnetic, or similar capabilities.
	62	+	4 (10) ELECTRONIC CERTIFICATE OF TITLE. A certificate
	63	+	5 of title consisting of information that is stored solely in an
	64	+	6 electronic medium and is retrievable in perceivable form.
	65	+	7 (11) FOREIGN-DOCUMENTED VESSEL. A vessel the
	66	+	8 ownership of which is recorded in a registry maintained by a
	67	+	9 country other than the United States which identifies each
	68	+	10 person that has an ownership interest in a vessel and includes
	69	+	11 a unique alphanumeric designation for the vessel.
	70	+	12 (12) GOOD FAITH. Honesty in fact and the observance
	71	+	13 of reasonable commercial standards of fair dealing.
	72	+	14 (13) HULL DAMAGE. Compromised with respect to the
	73	+	15 integrity of a vessel's hull by a collision, allision,
	74	+	16 lightning strike, fire, explosion, running aground, or similar
	75	+	17 occurrence, or the sinking of a vessel in a manner that
	76	+	18 creates a significant risk to the integrity of the vessel's
	77	+	19 hull.
	78	+	20 (14) HULL IDENTIFICATION NUMBER. The alphanumeric
	79	+	21 designation assigned to a vessel pursuant to 33 C.F.R. Chapter
	80	+	22 1, Part 181, as amended.
	81	+	23 (15) LIEN CREDITOR. With respect to a vessel, means:
	82	+	24 (A) a creditor that has acquired a lien on the
	83	+	25 vessel by attachment, levy, or the like;
	84	+	26 (B) an assignee for benefit of creditors from the
	85	+	27 time of assignment;
	86	+	Page 3 1 (C) a trustee in bankruptcy from the date of the
85	87		2 filing of the petition;
86	88		3 (D) a receiver in equity from the time of
87	89		4 appointment; or
88	90		5 (E) a person with a lien arising under Section
89	91		6 35-11-60, Code of Alabama 1975.
90		-	7 (16) OFFICE. The Alabama Department of Revenue.
91		-	8 (17) OWNER. A person that has legal title to a
92		-	9 vessel.
93		-	10 (18) OWNER OF RECORD. The owner indicated in the
94		-	11 files of the office or, if the files indicate more than one
95		-	12 owner, the one first indicated.
96		-	13 (19) PERSON. An individual, corporation, business
97		-	14 trust, estate, trust, statutory trust, partnership, limited
98		-	15 liability company, association, joint venture, public
99		-	16 corporation, government or governmental subdivision, agency,
100		-	17 or instrumentality, or any other legal or commercial entity.
101		-	18 (20) PURCHASE. To take by sale, lease, mortgage,
102		-	19 pledge, consensual lien, security interest, gift, or any other
103		-	20 voluntary transaction that creates an interest in a vessel
104		-	21 (21) PURCHASER. A person that takes by purchase.
105		-	22 (22) RECORD. Information that is inscribed on a
106		-	23 tangible medium or that is stored in an electronic or other
107		-	24 medium and is retrievable in perceivable form.
108		-	Page 4 SB211
109		-	1 (23) SECURED PARTY. With respect to a vessel, means
110		-	2 a person:
111		-	3 (A) in whose favor a security interest is created or
112		-	4 provided for under a security agreement, whether or not any
113		-	5 obligation to be secured is outstanding;
114		-	6 (B) that is a consignor under Article 9A of Title 7
115		-	7 of the Code of Alabama 1975; or
116		-	8 (C) that holds a security interest arising under
117		-	9 Section 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5) of the
	92	+	7 (16) OFFICE. The Alabama State Law Enforcement
	93	+	8 Agency.
	94	+	9 (17) OWNER. A person that has legal title to a
	95	+	10 vessel.
	96	+	11 (18) OWNER OF RECORD. The owner indicated in the
	97	+	12 files of the office or, if the files indicate more than one
	98	+	13 owner, the one first indicated.
	99	+	14 (19) PERSON. An individual, corporation, business
	100	+	15 trust, estate, trust, statutory trust, partnership, limited
	101	+	16 liability company, association, joint venture, public
	102	+	17 corporation, government or governmental subdivision, agency,
	103	+	18 or instrumentality, or any other legal or commercial entity.
	104	+	19 (20) PURCHASE. To take by sale, lease, mortgage,
	105	+	20 pledge, consensual lien, security interest, gift, or any other
	106	+	21 voluntary transaction that creates an interest in a vessel
	107	+	22 (21) PURCHASER. A person that takes by purchase.
	108	+	23 (22) RECORD. Information that is inscribed on a
	109	+	24 tangible medium or that is stored in an electronic or other
	110	+	25 medium and is retrievable in perceivable form.
	111	+	26 (23) SECURED PARTY. With respect to a vessel, means
	112	+	27 a person:
	113	+	Page 4 1 (A) in whose favor a security interest is created or
	114	+	2 provided for under a security agreement, whether or not any
	115	+	3 obligation to be secured is outstanding;
	116	+	4 (B) that is a consignor under Article 9A of Title 7
	117	+	5 of the Code of Alabama 1975; or
	118	+	6 (C) that holds a security interest arising under
	119	+	7 Section 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5) of the
	120	+	8 Code of Alabama 1975.
	121	+	9 (24) SECURED PARTY OF RECORD. The secured party
	122	+	10 whose name is indicated as the name of the secured party in
	123	+	11 the files of the office or, if the files indicate more than
	124	+	12 one secured party, the one first indicated.
	125	+	13 (25) SECURITY INTEREST. An interest in a vessel
	126	+	14 which secures payment or performance of an obligation if the
	127	+	15 interest is created by contract or arises under Section
	128	+	16 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5) of the Code of
	129	+	17 Alabama 1975. The term includes any interest of a consignor in
	130	+	18 a vessel in a transaction that is subject to Article 9A of
	131	+	19 Title 7 of the Code of Alabama 1975. The term does not include
	132	+	20 the special property interest of a buyer of a vessel on
	133	+	21 identification of that vessel to a contract for sale under
	134	+	22 Section 7-2-501 of the Code of Alabama 1975, but a buyer also
	135	+	23 may acquire a security interest by complying with Article 9A
	136	+	24 of Title 7 of the Code of Alabama 1975. Except as otherwise
	137	+	25 provided in Section 7-2-505, Code of Alabama 1975, the right
	138	+	26 of a seller or lessor of a vessel under Article 2 of 2A Title
	139	+	27 7, of the Code of Alabama 1975, to retain or acquire
	140	+	Page 5 1 possession of the vessel is not a security interest, but a
	141	+	2 seller or lessor also may acquire a security interest by
	142	+	3 complying with Article 9A, Title 7 of the Code of Alabama
	143	+	4 1975. The retention or reservation of title by a seller of a
	144	+	5 vessel notwithstanding shipment or delivery to the buyer under
	145	+	6 Section 7-2-401 of the Code of Alabama 1975, is limited in
	146	+	7 effect to a reservation of a security interest. Whether a
	147	+	8 transaction in the form of a lease creates a security interest
	148	+	9 is determined by Section 7-1-203 of the Code of Alabama 1975.
	149	+	10 (26) SIGN. With present intent to authenticate or
	150	+	11 adopt a record, to:
	151	+	12 (A) make or adopt a tangible symbol; or
	152	+	13 (B) attach to or logically associate with the record
	153	+	14 an electronic symbol, sound, or process.
	154	+	15 (27) STATE. A state of the United States, the
	155	+	16 District of Columbia, Puerto Rico, the United States Virgin
	156	+	17 Islands, or any territory or insular possession subject to the
	157	+	18 jurisdiction of the United States.
	158	+	19 (28) STATE OF PRINCIPAL USE. The state on whose
	159	+	20 waters a vessel is or will be used, operated, navigated, or
	160	+	21 employed more than on the waters of any other state during a
	161	+	22 calendar year.
	162	+	23 (29) TITLE BRAND. A designation of previous damage,
	163	+	24 use, or condition that must be indicated on a certificate of
	164	+	25 title.
	165	+	26 (30) TRANSFER OF OWNERSHIP. A voluntary or
	166	+	27 involuntary conveyance of an interest in a vessel.
	167	+	Page 6 1 (31) VESSEL. Any watercraft used or capable of being
	168	+	2 used as a means of transportation on water, except:
	169	+	3 (A) a seaplane;
	170	+	4 (B) an amphibious vehicle for which a certificate of
	171	+	5 title is issued pursuant to Chapter 8 of Title 32 of the Code
	172	+	6 of Alabama 1975, or a similar statute of another state;
	173	+	7 (C) watercraft less than 18 feet in length that is
	174	+	8 propelled solely by:
	175	+	9 (i) sail;
	176	+	10 (ii) paddle;
	177	+	11 (iii) oar; or
	178	+	12 (iv) an engine of less than 75 horsepower;
	179	+	13 (D) watercraft that operate only on a permanently
	180	+	14 fixed, manufactured course and the movement of which is
	181	+	15 restricted to or guided by means of a mechanical device to
	182	+	16 which the watercraft is attached or by which the watercraft is
	183	+	17 controlled;
	184	+	18 (E) a stationary floating structure that:
	185	+	19 (i) does not have and is not designed to have a mode
	186	+	20 of propulsion of its own;
	187	+	21 (ii) is dependent for utilities upon a continuous
	188	+	22 utility hookup to a source originating on shore; and
	189	+	23 (iii) has a permanent, continuous hookup to a
	190	+	24 shoreside sewage system;
	191	+	25 (F) watercraft owned by the United States, a state,
	192	+	26 or a foreign government or a political subdivision of any of
	193	+	27 them; and
	194	+	Page 7 1 (G) watercraft used solely as a lifeboat on another
	195	+	2 watercraft.
	196	+	3 (32) VESSEL NUMBER. The alphanumeric designation for
	197	+	4 a vessel issued pursuant to 46 U.S.C. §12301, as amended.
	198	+	5 (33) WRITTEN CERTIFICATE OF TITLE. A certificate of
	199	+	6 title consisting of information inscribed on a tangible
	200	+	7 medium.
	201	+	8 (b) The following definitions and terms also apply
	202	+	9 to this act:
	203	+	10 (1) AGREEMENT. The term, as defined in Section
	204	+	11 7-1-201, Code of Alabama 1975.
	205	+	12 (2) BUYER IN ORDINARY COURSE OF BUSINESS. The term,
	206	+	13 as defined in Section 7-1-201, Code of Alabama 1975.
	207	+	14 (3) CONSPICUOUS. The term, as defined in Section
	208	+	15 7-1-201, Code of Alabama 1975.
	209	+	16 (4) CONSUMER GOODS. The term, as defined in Section
	210	+	17 7-9A-102, Code of Alabama 1975.
	211	+	18 (5) DEBTOR. The term, as defined in Section
	212	+	19 7-9A-102, Code of Alabama 1975.
	213	+	20 (6) KNOWLEDGE. The term, as defined in Section
	214	+	21 7-1-202, Code of Alabama 1975.
	215	+	22 (7) LEASE. The term, as defined in Section 7-2A-103,
	216	+	23 Code of Alabama 1975.
	217	+	24 (8) LESSOR. The term, as defined in Section
	218	+	25 7-2A-103, Code of Alabama 1975.
	219	+	26 (9) NOTICE. The term, as defined in Section 7-1-202,
	220	+	27 Code of Alabama 1975.
	221	+	Page 8 1 (10) REPRESENTATIVE. The term, as defined in Section
	222	+	2 7-1-201, Code of Alabama 1975.
	223	+	3 (11) SALE. The term, as defined in Section 7-2-106,
	224	+	4 Code of Alabama 1975.
	225	+	5 (12) SECURITY AGREEMENT. The term, as defined in
	226	+	6 Section 7-9A-102, Code of Alabama 1975.
	227	+	7 (13) SELLER. The term, as defined in Section
	228	+	8 7-2-103, Code of Alabama 1975.
	229	+	9 (14) SEND. The term, as defined in Section 7-1-201,
118	230		10 Code of Alabama 1975.
119		-	11 (24) SECURED PARTY OF RECORD. The secured party
120		-	12 whose name is indicated as the name of the secured party in
121		-	13 the files of the office or, if the files indicate more than
122		-	14 one secured party, the one first indicated.
123		-	15 (25) SECURITY INTEREST. An interest in a vessel
124		-	16 which secures payment or performance of an obligation if the
125		-	17 interest is created by contract or arises under Section
126		-	18 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5) of the Code of
127		-	19 Alabama 1975. The term includes any interest of a consignor in
128		-	20 a vessel in a transaction that is subject to Article 9A of
129		-	21 Title 7 of the Code of Alabama 1975. The term does not include
130		-	22 the special property interest of a buyer of a vessel on
131		-	23 identification of that vessel to a contract for sale under
132		-	24 Section 7-2-501 of the Code of Alabama 1975, but a buyer also
133		-	25 may acquire a security interest by complying with Article 9A
134		-	Page 5 SB211
135		-	1 of Title 7 of the Code of Alabama 1975. Except as otherwise
136		-	2 provided in Section 7-2-505, Code of Alabama 1975, the right
137		-	3 of a seller or lessor of a vessel under Article 2 of 2A Title
138		-	4 7, of the Code of Alabama 1975, to retain or acquire
139		-	5 possession of the vessel is not a security interest, but a
140		-	6 seller or lessor also may acquire a security interest by
141		-	7 complying with Article 9A, Title 7 of the Code of Alabama
142		-	8 1975. The retention or reservation of title by a seller of a
143		-	9 vessel notwithstanding shipment or delivery to the buyer under
144		-	10 Section 7-2-401 of the Code of Alabama 1975, is limited in
145		-	11 effect to a reservation of a security interest. Whether a
146		-	12 transaction in the form of a lease creates a security interest
147		-	13 is determined by Section 7-1-203 of the Code of Alabama 1975.
148		-	14 (26) SIGN. With present intent to authenticate or
149		-	15 adopt a record, to:
150		-	16 (A) make or adopt a tangible symbol; or
151		-	17 (B) attach to or logically associate with the record
152		-	18 an electronic symbol, sound, or process.
153		-	19 (27) STATE. A state of the United States, the
154		-	20 District of Columbia, Puerto Rico, the United States Virgin
155		-	21 Islands, or any territory or insular possession subject to the
156		-	22 jurisdiction of the United States.
157		-	23 (28) STATE OF PRINCIPAL USE. The state on whose
158		-	24 waters a vessel is or will be used, operated, navigated, or
159		-	Page 6 SB211
160		-	1 employed more than on the waters of any other state during a
161		-	2 calendar year.
162		-	3 (29) TITLE BRAND. A designation of previous damage,
163		-	4 use, or condition that must be indicated on a certificate of
164		-	5 title.
165		-	6 (30) TRANSFER OF OWNERSHIP. A voluntary or
166		-	7 involuntary conveyance of an interest in a vessel.
167		-	8 (31) VESSEL. Any watercraft used or capable of being
168		-	9 used as a means of transportation on water, except:
169		-	10 (A) a seaplane;
170		-	11 (B) an amphibious vehicle for which a certificate of
171		-	12 title is issued pursuant to Chapter 8 of Title 32 of the Code
172		-	13 of Alabama 1975, or a similar statute of another state;
173		-	14 (C) watercraft less than 18 feet in length that is
174		-	15 propelled solely by:
175		-	16 (i) sail;
176		-	17 (ii) paddle;
177		-	18 (iii) oar; or
178		-	19 (iv) an engine of less than 75 horsepower;
179		-	20 (D) watercraft that operate only on a permanently
180		-	21 fixed, manufactured course and the movement of which is
181		-	22 restricted to or guided by means of a mechanical device to
182		-	23 which the watercraft is attached or by which the watercraft is
183		-	24 controlled;
184		-	25 (E) a stationary floating structure that:
185		-	Page 7 SB211
186		-	1 (i) does not have and is not designed to have a mode
187		-	2 of propulsion of its own;
188		-	3 (ii) is dependent for utilities upon a continuous
189		-	4 utility hookup to a source originating on shore; and
190		-	5 (iii) has a permanent, continuous hookup to a
191		-	6 shoreside sewage system;
192		-	7 (F) watercraft owned by the United States, a state,
193		-	8 or a foreign government or a political subdivision of any of
194		-	9 them; and
195		-	10 (G) watercraft used solely as a lifeboat on another
196		-	11 watercraft.
197		-	12 (32) VESSEL NUMBER. The alphanumeric designation for
198		-	13 a vessel issued pursuant to 46 U.S.C. §12301, as amended.
199		-	14 (33) WRITTEN CERTIFICATE OF TITLE. A certificate of
200		-	15 title consisting of information inscribed on a tangible
201		-	16 medium.
202		-	17 (b) The following definitions and terms also apply
203		-	18 to this act:
204		-	19 (1) AGREEMENT. The term, as defined in Section
205		-	20 7-1-201, Code of Alabama 1975.
206		-	21 (2) BUYER IN ORDINARY COURSE OF BUSINESS. The term,
207		-	22 as defined in Section 7-1-201, Code of Alabama 1975.
208		-	23 (3) CONSPICUOUS. The term, as defined in Section
209		-	24 7-1-201, Code of Alabama 1975.
210		-	Page 8 SB211
211		-	1 (4) CONSUMER GOODS. The term, as defined in Section
212		-	2 7-9A-102, Code of Alabama 1975.
213		-	3 (5) DEBTOR. The term, as defined in Section
214		-	4 7-9A-102, Code of Alabama 1975.
215		-	5 (6) KNOWLEDGE. The term, as defined in Section
216		-	6 7-1-202, Code of Alabama 1975.
217		-	7 (7) LEASE. The term, as defined in Section 7-2A-103,
218		-	8 Code of Alabama 1975.
219		-	9 (8) LESSOR. The term, as defined in Section
220		-	10 7-2A-103, Code of Alabama 1975.
221		-	11 (9) NOTICE. The term, as defined in Section 7-1-202,
	231	+	11 (15) VALUE. The term, as defined in Section 7-1-204,
222	232		12 Code of Alabama 1975.
223		-	13 (10) REPRESENTATIVE. The term, as defined in Section
224		-	14 7-1-201, Code of Alabama 1975.
225		-	15 (11) SALE. The term, as defined in Section 7-2-106,
226		-	16 Code of Alabama 1975.
227		-	17 (12) SECURITY AGREEMENT. The term, as defined in
228		-	18 Section 7-9A-102, Code of Alabama 1975.
229		-	19 (13) SELLER. The term, as defined in Section
230		-	20 7-2-103, Code of Alabama 1975.
231		-	21 (14) SEND. The term, as defined in Section 7-1-201,
232		-	22 Code of Alabama 1975.
233		-	23 (15) VALUE. The term, as defined in Section 7-1-204,
234		-	24 Code of Alabama 1975.
235		-	Page 9 SB211
236		-	1 (c) The definitions in subsections (a) and (b) do
237		-	2 not apply to any state or federal law governing licensing,
238		-	3 numbering, or registration if the same term is used in that
239		-	4 law.
240		-	5 Section 3. APPLICABILITY. Subject to Section 28,
241		-	6 this act applies to any transaction, certificate of title, or
242		-	7 record relating to a vessel, even if the transaction,
243		-	8 certificate of title, or record was entered into or created
244		-	9 before January 1, 2024.
245		-	10 Section 4. SUPPLEMENTAL PRINCIPLES OF LAW AND
246		-	11 EQUITY. Unless displaced by a provision of this act, the
247		-	12 principles of law and equity supplement its provisions.
248		-	13 Section 5. LAW GOVERNING VESSEL COVERED BY
249		-	14 CERTIFICATE OF TITLE.
250		-	15 (a) The law of the jurisdiction under whose
251		-	16 certificate of title a vessel is covered governs all issues
252		-	17 relating to the certificate from the time the vessel becomes
253		-	18 covered by the certificate until the vessel becomes covered by
254		-	19 another certificate or becomes a documented vessel, even if no
255		-	20 other relationship exists between the jurisdiction and the
256		-	21 vessel or its owner.
257		-	22 (b) A vessel becomes covered by a certificate of
258		-	23 title when an application for the certificate and the
259		-	24 applicable fee are delivered to the office in accordance with
260		-	25 this act or to the governmental agency that creates a
261		-	Page 10 SB211
262		-	1 certificate in another jurisdiction in accordance with the law
263		-	2 of that jurisdiction.
264		-	3 Section 6. CERTIFICATE OF TITLE REQUIRED.
265		-	4 (a) Except as otherwise provided in subsections (b)
266		-	5 and (c), the owner of a vessel for which this state is the
267		-	6 state of principal use shall deliver to the office an
268		-	7 application for a certificate of title for the vessel, with
269		-	8 the applicable fee, not later than 20 days after the later of:
270		-	9 (1) the date of a transfer of ownership; or
271		-	10 (2) the date this state becomes the state of
272		-	11 principal use.
273		-	12 (b) An application for a certificate of title is not
274		-	13 required for:
275		-	14 (1) a documented vessel;
276		-	15 (2) a foreign-documented vessel;
277		-	16 (3) a barge;
278		-	17 (4) a vessel before delivery if the vessel is under
279		-	18 construction or completed pursuant to contract; or
280		-	19 (5) a vessel held by a dealer for sale or lease,
281		-	20 even if the vessel is used for demonstration purposes or
282		-	21 loaned out for use by the dealer.
283		-	22 (c) The office may not issue, transfer, or renew a
284		-	23 certificate of number for a vessel issued pursuant to the
285		-	24 requirements of 46 U.S.C. §12301, as amended, unless the
286		-	25 office has created a certificate of title for the vessel or an
287		-	Page 11 SB211
288		-	1 application for a certificate of title for the vessel and the
289		-	2 applicable fee has been delivered to the office.
290		-	3 Section 7. APPLICATION FOR CERTIFICATE OF TITLE.
291		-	4 (a) Except as otherwise provided in Sections 10, 15,
292		-	5 19, 20, 21, and 22, only an owner may apply for a certificate
293		-	6 of title.
294		-	7 (b) An application for a certificate of title must
295		-	8 be signed by the applicant and contain:
296		-	9 (1) the applicant's name, the street address of the
297		-	10 applicant's principal residence, and, if different, the
298		-	11 applicant's mailing address;
299		-	12 (2) the name and mailing address of each other owner
300		-	13 of the vessel;
301		-	14 (3) a copy of the applicant's driver's license or
302		-	15 non-driver identification card;
303		-	16 (4) the hull identification number for the vessel
304		-	17 or, if none, an application for the issuance of a hull
305		-	18 identification number for the vessel;
306		-	19 (5) the vessel number for the vessel or, if none
307		-	20 issued by the office, an application for a vessel number;
308		-	21 (6) a description of the vessel as required by the
309		-	22 office, which must include:
310		-	23 (A) the official number for the vessel, if any,
311		-	24 assigned by the United States Coast Guard;
312		-	25 (B) the name of the manufacturer, builder, or maker;
313		-	Page 12 SB211
314		-	1 (C) the model year or, if none, the year in which
315		-	2 the manufacture or build of the vessel was completed;
316		-	3 (D) the overall length of the vessel;
317		-	4 (E) the vessel type;
318		-	5 (F) the hull material;
319		-	6 (G) the propulsion type;
320		-	7 (H) the engine drive type, if any; and
321		-	8 (I) the fuel type, if any;
322		-	9 (7) an indication of all security interests in the
323		-	10 vessel known to the applicant and the name and mailing address
324		-	11 of each secured party;
325		-	12 (8) a statement that the vessel is not a documented
326		-	13 vessel or a foreign-documented vessel;
327		-	14 (9) any title brand known to the applicant and, if
328		-	15 known, the jurisdiction under whose law the title brand was
329		-	16 created;
330		-	17 (10) if the applicant knows that the vessel is hull
331		-	18 damaged, a statement that the vessel is hull damaged;
332		-	19 (11) if the application is made in connection with a
333		-	20 transfer of ownership, the transferor's name, street address,
334		-	21 and, if different, mailing address, the sales price, if any,
335		-	22 and the date of the transfer; and
336		-	23 (12) if the vessel previously was registered or
337		-	24 titled in another jurisdiction, a statement identifying each
338		-	Page 13 SB211
339		-	1 jurisdiction known to the applicant in which the vessel was
340		-	2 registered or titled.
341		-	3 (c) In addition to the information required by
342		-	4 subsection (b), an application for a certificate of title may
343		-	5 contain an electronic communication address of the owner,
344		-	6 transferor, or secured party.
345		-	7 (d) Except as otherwise provided in Section 19, 20,
346		-	8 21, or 22, an application for a certificate of title must be
347		-	9 accompanied by:
348		-	10 (1) a certificate of title signed by the owner shown
349		-	11 on the certificate and which:
350		-	12 (A) identifies the applicant as the owner of the
351		-	13 vessel; or
352		-	14 (B) is accompanied by a record that identifies the
353		-	15 applicant as the owner; or
354		-	16 (2) if there is no certificate of title:
355		-	17 (A) if the vessel was a documented vessel, a record
356		-	18 issued by the United States Coast Guard which shows the vessel
357		-	19 is no longer a documented vessel and identifies the applicant
358		-	20 as the owner;
359		-	21 (B) if the vessel was a foreign-documented vessel, a
360		-	22 record issued by the foreign country which shows the vessel is
361		-	23 no longer a foreign-documented vessel and identifies the
362		-	24 applicant as the owner; or
363		-	Page 14 SB211
364		-	1 (C) in all other cases, a certificate of origin,
365		-	2 bill of sale, or other record that to the satisfaction of the
366		-	3 office identifies the applicant as the owner.
367		-	4 (e) A record submitted in connection with an
368		-	5 application is part of the application. The office shall
369		-	6 maintain the record in its files.
370		-	7 (f) The office may require that an application for a
371		-	8 certificate of title be accompanied by payment or evidence of
372		-	9 payment of fees and taxes payable by the applicant under law
373		-	10 of this state other than this act in connection with the
374		-	11 application or the acquisition or use of the vessel. If a
375		-	12 provision of this act places a duty on the office on delivery
376		-	13 to it of an application for a certificate of title and the
377		-	14 applicable fee and the office requires that the application be
378		-	15 accompanied by payment or evidence of payment of fees and
379		-	16 taxes payable by the applicant under the law of this state
380		-	17 other than this act, the office is not required to carry out
381		-	18 its duty in the absence of such payment or evidence of
382		-	19 payment.
383		-	20 Section 8. CREATION AND CANCELLATION OF CERTIFICATE
384		-	21 OF TITLE.
385		-	22 (a) Unless an application for a certificate of title
386		-	23 is rejected under subsection (c) or (d), the office shall
387		-	24 create a certificate for the vessel in accordance with
388		-	Page 15 SB211
389		-	1 subsection (b) after delivery to it of an application that
390		-	2 complies with Section 7 and the applicable fee.
	233	+	13 (c) The definitions in subsections (a) and (b) do
	234	+	14 not apply to any state or federal law governing licensing,
	235	+	15 numbering, or registration if the same term is used in that
	236	+	16 law.
	237	+	17 Section 3. APPLICABILITY. Subject to Section 28,
	238	+	18 this act applies to any transaction, certificate of title, or
	239	+	19 record relating to a vessel, even if the transaction,
	240	+	20 certificate of title, or record was entered into or created
	241	+	21 before January 1, 2021.
	242	+	22 Section 4. SUPPLEMENTAL PRINCIPLES OF LAW AND
	243	+	23 EQUITY. Unless displaced by a provision of this act, the
	244	+	24 principles of law and equity supplement its provisions.
	245	+	25 Section 5. LAW GOVERNING VESSEL COVERED BY
	246	+	26 CERTIFICATE OF TITLE.
	247	+	Page 9 1 (a) The law of the jurisdiction under whose
	248	+	2 certificate of title a vessel is covered governs all issues
	249	+	3 relating to the certificate from the time the vessel becomes
	250	+	4 covered by the certificate until the vessel becomes covered by
	251	+	5 another certificate or becomes a documented vessel, even if no
	252	+	6 other relationship exists between the jurisdiction and the
	253	+	7 vessel or its owner.
	254	+	8 (b) A vessel becomes covered by a certificate of
	255	+	9 title when an application for the certificate and the
	256	+	10 applicable fee are delivered to the office in accordance with
	257	+	11 this act or to the governmental agency that creates a
	258	+	12 certificate in another jurisdiction in accordance with the law
	259	+	13 of that jurisdiction.
	260	+	14 Section 6. CERTIFICATE OF TITLE REQUIRED.
	261	+	15 (a) Except as otherwise provided in subsections (b)
	262	+	16 and (c), the owner of a vessel for which this state is the
	263	+	17 state of principal use shall deliver to the office an
	264	+	18 application for a certificate of title for the vessel, with
	265	+	19 the applicable fee, not later than 20 days after the later of:
	266	+	20 (1) the date of a transfer of ownership; or
	267	+	21 (2) the date this state becomes the state of
	268	+	22 principal use.
	269	+	23 (b) An application for a certificate of title is not
	270	+	24 required for:
	271	+	25 (1) a documented vessel;
	272	+	26 (2) a foreign-documented vessel;
	273	+	27 (3) a barge;
	274	+	Page 10 1 (4) a vessel before delivery if the vessel is under
	275	+	2 construction or completed pursuant to contract; or
	276	+	3 (5) a vessel held by a dealer for sale or lease,
	277	+	4 even if the vessel is used for demonstration purposes or
	278	+	5 loaned out for use by the dealer.
	279	+	6 (c) The office may not issue, transfer, or renew a
	280	+	7 certificate of number for a vessel issued pursuant to the
	281	+	8 requirements of 46 U.S.C. §12301, as amended, unless the
	282	+	9 office has created a certificate of title for the vessel or an
	283	+	10 application for a certificate of title for the vessel and the
	284	+	11 applicable fee has been delivered to the office.
	285	+	12 Section 7. APPLICATION FOR CERTIFICATE OF TITLE.
	286	+	13 (a) Except as otherwise provided in Sections 10, 15,
	287	+	14 19, 20, 21, and 22, only an owner may apply for a certificate
	288	+	15 of title.
	289	+	16 (b) An application for a certificate of title must
	290	+	17 be signed by the applicant and contain:
	291	+	18 (1) the applicant's name, the street address of the
	292	+	19 applicant's principal residence, and, if different, the
	293	+	20 applicant's mailing address;
	294	+	21 (2) the name and mailing address of each other owner
	295	+	22 of the vessel;
	296	+	23 (3) the driver license number or taxpayer
	297	+	24 identification number of each owner;
	298	+	25 (4) the hull identification number for the vessel
	299	+	26 or, if none, an application for the issuance of a hull
	300	+	27 identification number for the vessel;
	301	+	Page 11 1 (5) the vessel number for the vessel or, if none
	302	+	2 issued by the office, an application for a vessel number;
	303	+	3 (6) a description of the vessel as required by the
	304	+	4 office, which must include:
	305	+	5 (A) the official number for the vessel, if any,
	306	+	6 assigned by the United States Coast Guard;
	307	+	7 (B) the name of the manufacturer, builder, or maker;
	308	+	8 (C) the model year or, if none, the year in which
	309	+	9 the manufacture or build of the vessel was completed;
	310	+	10 (D) the overall length of the vessel;
	311	+	11 (E) the vessel type;
	312	+	12 (F) the hull material;
	313	+	13 (G) the propulsion type;
	314	+	14 (H) the engine drive type, if any; and
	315	+	15 (I) the fuel type, if any;
	316	+	16 (7) an indication of all security interests in the
	317	+	17 vessel known to the applicant and the name and mailing address
	318	+	18 of each secured party;
	319	+	19 (8) a statement that the vessel is not a documented
	320	+	20 vessel or a foreign-documented vessel;
	321	+	21 (9) any title brand known to the applicant and, if
	322	+	22 known, the jurisdiction under whose law the title brand was
	323	+	23 created;
	324	+	24 (10) if the applicant knows that the vessel is hull
	325	+	25 damaged, a statement that the vessel is hull damaged;
	326	+	26 (11) if the application is made in connection with a
	327	+	27 transfer of ownership, the transferor's name, street address,
	328	+	Page 12 1 and, if different, mailing address, the sales price, if any,
	329	+	2 and the date of the transfer; and
	330	+	3 (12) if the vessel previously was registered or
	331	+	4 titled in another jurisdiction, a statement identifying each
	332	+	5 jurisdiction known to the applicant in which the vessel was
	333	+	6 registered or titled.
	334	+	7 (c) In addition to the information required by
	335	+	8 subsection (b), an application for a certificate of title may
	336	+	9 contain an electronic communication address of the owner,
	337	+	10 transferor, or secured party.
	338	+	11 (d) Except as otherwise provided in Section 19, 20,
	339	+	12 21, or 22, an application for a certificate of title must be
	340	+	13 accompanied by:
	341	+	14 (1) a certificate of title signed by the owner shown
	342	+	15 on the certificate and which:
	343	+	16 (A) identifies the applicant as the owner of the
	344	+	17 vessel; or
	345	+	18 (B) is accompanied by a record that identifies the
	346	+	19 applicant as the owner; or
	347	+	20 (2) if there is no certificate of title:
	348	+	21 (A) if the vessel was a documented vessel, a record
	349	+	22 issued by the United States Coast Guard which shows the vessel
	350	+	23 is no longer a documented vessel and identifies the applicant
	351	+	24 as the owner;
	352	+	25 (B) if the vessel was a foreign-documented vessel, a
	353	+	26 record issued by the foreign country which shows the vessel is
	354	+	Page 13 1 no longer a foreign-documented vessel and identifies the
	355	+	2 applicant as the owner; or
	356	+	3 (C) in all other cases, a certificate of origin,
	357	+	4 bill of sale, or other record that to the satisfaction of the
	358	+	5 office identifies the applicant as the owner.
	359	+	6 (e) A record submitted in connection with an
	360	+	7 application is part of the application. The office shall
	361	+	8 maintain the record in its files.
	362	+	9 (f) The office may require that an application for a
	363	+	10 certificate of title be accompanied by payment or evidence of
	364	+	11 payment of fees and taxes payable by the applicant under law
	365	+	12 of this state other than this act in connection with the
	366	+	13 application or the acquisition or use of the vessel. If a
	367	+	14 provision of this act places a duty on the office on delivery
	368	+	15 to it of an application for a certificate of title and the
	369	+	16 applicable fee and the office requires that the application be
	370	+	17 accompanied by payment or evidence of payment of fees and
	371	+	18 taxes payable by the applicant under the law of this state
	372	+	19 other than this act, the office is not required to carry out
	373	+	20 its duty in the absence of such payment or evidence of
	374	+	21 payment.
	375	+	22 Section 8. CREATION AND CANCELLATION OF CERTIFICATE
	376	+	23 OF TITLE.
	377	+	24 (a) Unless an application for a certificate of title
	378	+	25 is rejected under subsection (c) or (d), the office shall
	379	+	26 create a certificate for the vessel in accordance with
	380	+	27 subsection (b) not later than 20 days after delivery to it of
	381	+	Page 14 1 an application that complies with Section 7 and the applicable
	382	+	2 fee.
391	383		3 (b) If the office creates electronic certificates of
392	384		4 title, the office shall create an electronic certificate
393	385		5 unless in the application the secured party of record or, if
394	386		6 none, the owner of record, requests that the office create a
395	387		7 written certificate.
396	388		8 (c) Except as otherwise provided in subsection (d),
397	389		9 the office may reject an application for a certificate of
398	390		10 title only if:
399	391		11 (1) the application does not comply with Section 7;
400	392		12 (2) the application does not contain documentation
401	393		13 sufficient for the office to determine whether the applicant
402	394		14 is entitled to a certificate;
403	395		15 (3) there is a reasonable basis for concluding that
404	396		16 the application is fraudulent or issuance of a certificate
405	397		17 would facilitate a fraudulent or illegal act; or
406	398		18 (4) the application does not comply with the law of
407	399		19 this state other than this act.
408	400		20 (d) The office shall reject an application for a
409	401		21 certificate of title for a vessel that is a documented vessel
410	402		22 or a foreign-documented vessel.
411	403		23 (e) The office may cancel a certificate of title
412	404		24 created by it only if the office:
413		-	Page 16 SB211
414		-	1 (1) could have rejected the application for the
415		-	2 certificate under subsection (c);
416		-	3 (2) is required to cancel the certificate under
417		-	4 another provision of this act; or
418		-	5 (3) receives satisfactory evidence that the vessel
419		-	6 is a documented vessel or a foreign-documented vessel.
420		-	7 Section 9. CONTENT OF CERTIFICATE OF TITLE.
421		-	8 (a) A certificate of title must contain:
422		-	9 (1) the date the certificate was created;
423		-	10 (2) the name of the owner of record and, if not all
424		-	11 owners are listed, an indication that there are additional
425		-	12 owners indicated in the files of the office;
426		-	13 (3) the mailing address of the owner of record;
427		-	14 (4) the hull identification number;
428		-	15 (5) the information listed in Section 7(b)(6);
429		-	16 (6) except as otherwise provided in Section 15(b),
430		-	17 the name and mailing address of the secured party of record,
431		-	18 if any, and if not all secured parties are listed, an
432		-	19 indication that there are other security interests indicated
433		-	20 in the files of the office; and
434		-	21 (7) all title brands indicated in the files of the
435		-	22 office covering the vessel, including brands indicated on a
436		-	23 certificate created by a governmental agency of another
437		-	24 jurisdiction and delivered to the office.
438		-	Page 17 SB211
439		-	1 (b) This act does not preclude the office from
440		-	2 noting on a certificate of title the name and mailing address
441		-	3 of a secured party that is not a secured party of record.
442		-	4 (c) For each title brand indicated on a certificate
443		-	5 of title, the certificate must identify the jurisdiction under
444		-	6 whose law the title brand was created or the jurisdiction that
445		-	7 created the certificate on which the title brand was
446		-	8 indicated. If the meaning of a title brand is not easily
447		-	9 ascertainable or cannot be accommodated on the certificate,
448		-	10 the certificate may state: "Previously branded in (insert the
449		-	11 jurisdiction under whose law the title brand was created or
450		-	12 whose certificate of title previously indicated the title
451		-	13 brand)."
452		-	14 (d) If the files of the office indicate that a
453		-	15 vessel previously was registered or titled in a foreign
454		-	16 country, the office shall indicate on the certificate of title
455		-	17 that the vessel was registered or titled in that country.
456		-	18 (e) A written certificate of title must contain a
457		-	19 form that all owners indicated on the certificate may sign to
458		-	20 evidence consent to a transfer of an ownership interest to
459		-	21 another person. The form must include a certification, signed
460		-	22 under penalty for making an unsworn falsification to
461		-	23 authorities pursuant to Section 13A-10-109 of the Code of
462		-	24 Alabama 1975, as amended, that the statements made are true
463		-	Page 18 SB211
464		-	1 and correct to the best of each owner's knowledge,
465		-	2 information, and belief.
466		-	3 (f) A written certificate of title must contain a
467		-	4 form for the owner of record to indicate, in connection with a
468		-	5 transfer of an ownership interest, that the vessel is hull
469		-	6 damaged.
470		-	7 (g) A written certificate of title must contain a
471		-	8 form for a secured party to indicate release of its security
472		-	9 interest.
473		-	10 Section 10. TITLE BRAND.
474		-	11 (a) Unless subsection (c) applies, at or before the
475		-	12 time the owner of record transfers an ownership interest in a
476		-	13 hull-damaged vessel that is covered by a certificate of title
477		-	14 created by the office, if the damage occurred while that
478		-	15 person was an owner of the vessel and the person has notice of
479		-	16 the damage at the time of the transfer, the owner shall:
480		-	17 (1) deliver to the office an application for a new
481		-	18 certificate that complies with Section 7 and includes the
482		-	19 title brand designation "Hull Damaged"; or
483		-	20 (2) indicate on the certificate in the place
484		-	21 designated for that purpose that the vessel is hull damaged
485		-	22 and deliver the certificate to the transferee.
486		-	23 (b) After delivery to the office of the application
487		-	24 under subsection (a)(1) or the certificate of title under
488		-	Page 19 SB211
489		-	1 subsection (a)(2), the office shall create a new certificate
490		-	2 that indicates that the vessel is branded "Hull Damaged."
491		-	3 (c) Before an insurer transfers an ownership
492		-	4 interest in a hull-damaged vessel that is covered by a
493		-	5 certificate of title created by the office, the insurer shall
494		-	6 deliver to the office an application for a new certificate
495		-	7 that complies with Section 6 and includes the title brand
496		-	8 designation "Hull Damaged." After delivery of the application
497		-	9 to the office, the office shall create a new certificate that
498		-	10 indicates that the vessel is branded "Hull Damaged."
499		-	11 (d) An owner of record that fails to comply with
500		-	12 subsection (a), a person that solicits or colludes in a
501		-	13 failure by an owner of record to comply with subsection (a),
502		-	14 or an insurer that fails to comply with subsection (c) is
503		-	15 subject to an administrative penalty of one thousand dollars
504		-	16 ($1,000).
505		-	17 Section 11. MAINTENANCE OF AND ACCESS TO FILES.
506		-	18 (a) For each record relating to a certificate of
507		-	19 title submitted to the office, the office shall:
508		-	20 (1) ascertain or assign the hull identification
509		-	21 number for the vessel;
510		-	22 (2) maintain the hull identification number and all
511		-	23 the information submitted with the application pursuant to
512		-	24 Section 7(b) to which the record relates, including the date
513		-	25 and time the record was delivered to the office;
514		-	Page 20 SB211
515		-	1 (3) maintain the files for public inspection subject
516		-	2 to subsection (e); and
517		-	3 (4) index the files of the office as required by
518		-	4 subsection (b).
519		-	5 (b) The office shall maintain in its files the
520		-	6 information contained in all certificates of title created
521		-	7 under this act. The information in the files of the office
522		-	8 must be searchable by the hull identification number of the
523		-	9 vessel, the vessel number, the name of the owner of record,
524		-	10 and any other method used by the office.
525		-	11 (c) The office shall maintain in its files, for each
526		-	12 vessel for which it has created a certificate of title, all
527		-	13 title brands known to the office, the name of each secured
528		-	14 party known to the office, the name of each person known to
529		-	15 the office to be claiming an ownership interest, and all
530		-	16 stolen-property reports the office has received.
531		-	17 (d) Upon request, for safety, security, or
532		-	18 law-enforcement purposes, the office shall provide to federal,
533		-	19 state, or local government the information in its files
534		-	20 relating to any vessel for which the office has issued a
535		-	21 certificate of title.
536		-	22 (e) Except as otherwise provided by the law of this
537		-	23 state other than this act, the information required under
538		-	24 Section 9 is a public record. The information provided under
539		-	25 Section 7(b)(3) is not a public record.
540		-	Page 21 SB211
541		-	1 Section 12. ACTION REQUIRED ON CREATION OF
	405	+	25 (1) could have rejected the application for the
	406	+	26 certificate under subsection (c);
	407	+	Page 15 1 (2) is required to cancel the certificate under
	408	+	2 another provision of this act; or
	409	+	3 (3) receives satisfactory evidence that the vessel
	410	+	4 is a documented vessel or a foreign-documented vessel.
	411	+	5 (f) The office shall provide an opportunity for an
	412	+	6 administrative review at which the owner and any other
	413	+	7 interested party may present evidence in support of or
	414	+	8 opposition to cancellation of a certificate of title. The
	415	+	9 office shall serve all owners and secured parties indicated in
	416	+	10 the files of the office with notice of the opportunity for an
	417	+	11 administrative review. Service must be made personally or by
	418	+	12 mail through the United States Postal Service, properly
	419	+	13 addressed, postage paid, return receipt requested. Service by
	420	+	14 mail is complete on deposit with the United States Postal
	421	+	15 Service. The office, by rule, may authorize service by
	422	+	16 electronic transmission if a copy is sent on the same day by
	423	+	17 first-class mail or by a commercial delivery company. If not
	424	+	18 later than 30 days after the notice was served the office
	425	+	19 receives a request for an administrative review from an
	426	+	20 interested party, the office shall hold the review not later
	427	+	21 than 20 days after receiving the request.
	428	+	22 Section 9. CONTENT OF CERTIFICATE OF TITLE.
	429	+	23 (a) A certificate of title must contain:
	430	+	24 (1) the date the certificate was created;
	431	+	25 (2) the name of the owner of record and, if not all
	432	+	26 owners are listed, an indication that there are additional
	433	+	27 owners indicated in the files of the office;
	434	+	Page 16 1 (3) the mailing address of the owner of record;
	435	+	2 (4) the hull identification number;
	436	+	3 (5) the information listed in Section 7(b)(6);
	437	+	4 (6) except as otherwise provided in Section 15(b),
	438	+	5 the name and mailing address of the secured party of record,
	439	+	6 if any, and if not all secured parties are listed, an
	440	+	7 indication that there are other security interests indicated
	441	+	8 in the files of the office; and
	442	+	9 (7) all title brands indicated in the files of the
	443	+	10 office covering the vessel, including brands indicated on a
	444	+	11 certificate created by a governmental agency of another
	445	+	12 jurisdiction and delivered to the office.
	446	+	13 (b) This act does not preclude the office from
	447	+	14 noting on a certificate of title the name and mailing address
	448	+	15 of a secured party that is not a secured party of record.
	449	+	16 (c) For each title brand indicated on a certificate
	450	+	17 of title, the certificate must identify the jurisdiction under
	451	+	18 whose law the title brand was created or the jurisdiction that
	452	+	19 created the certificate on which the title brand was
	453	+	20 indicated. If the meaning of a title brand is not easily
	454	+	21 ascertainable or cannot be accommodated on the certificate,
	455	+	22 the certificate may state: "Previously branded in (insert the
	456	+	23 jurisdiction under whose law the title brand was created or
	457	+	24 whose certificate of title previously indicated the title
	458	+	25 brand)."
	459	+	26 (d) If the files of the office indicate that a
	460	+	27 vessel previously was registered or titled in a foreign
	461	+	Page 17 1 country, the office shall indicate on the certificate of title
	462	+	2 that the vessel was registered or titled in that country.
	463	+	3 (e) A written certificate of title must contain a
	464	+	4 form that all owners indicated on the certificate may sign to
	465	+	5 evidence consent to a transfer of an ownership interest to
	466	+	6 another person. The form must include a certification, signed
	467	+	7 under penalty for making an unsworn falsification to
	468	+	8 authorities pursuant to Section 13A-10-109 of the Code of
	469	+	9 Alabama 1975, as amended, that the statements made are true
	470	+	10 and correct to the best of each owner's knowledge,
	471	+	11 information, and belief.
	472	+	12 (f) A written certificate of title must contain a
	473	+	13 form for the owner of record to indicate, in connection with a
	474	+	14 transfer of an ownership interest, that the vessel is hull
	475	+	15 damaged.
	476	+	16 (g) A written certificate of title must contain a
	477	+	17 form for a secured party to indicate release of its security
	478	+	18 interest.
	479	+	19 Section 10. TITLE BRAND.
	480	+	20 (a) Unless subsection (c) applies, at or before the
	481	+	21 time the owner of record transfers an ownership interest in a
	482	+	22 hull-damaged vessel that is covered by a certificate of title
	483	+	23 created by the office, if the damage occurred while that
	484	+	24 person was an owner of the vessel and the person has notice of
	485	+	25 the damage at the time of the transfer, the owner shall:
	486	+	Page 18 1 (1) deliver to the office an application for a new
	487	+	2 certificate that complies with Section 7 and includes the
	488	+	3 title brand designation "Hull Damaged"; or
	489	+	4 (2) indicate on the certificate in the place
	490	+	5 designated for that purpose that the vessel is hull damaged
	491	+	6 and deliver the certificate to the transferee.
	492	+	7 (b) Not later than 20 days after delivery to the
	493	+	8 office of the application under subsection (a)(1) or the
	494	+	9 certificate of title under subsection (a)(2), the office shall
	495	+	10 create a new certificate that indicates that the vessel is
	496	+	11 branded "Hull Damaged."
	497	+	12 (c) Before an insurer transfers an ownership
	498	+	13 interest in a hull-damaged vessel that is covered by a
	499	+	14 certificate of title created by the office, the insurer shall
	500	+	15 deliver to the office an application for a new certificate
	501	+	16 that complies with Section 6 and includes the title brand
	502	+	17 designation "Hull Damaged." Not later than 20 days after
	503	+	18 delivery of the application to the office, the office shall
	504	+	19 create a new certificate that indicates that the vessel is
	505	+	20 branded "Hull Damaged."
	506	+	21 (d) An owner of record that fails to comply with
	507	+	22 subsection (a), a person that solicits or colludes in a
	508	+	23 failure by an owner of record to comply with subsection (a),
	509	+	24 or an insurer that fails to comply with subsection (c) is
	510	+	25 subject to an administrative penalty of one thousand dollars
	511	+	26 ($1,000).
	512	+	27 Section 11. MAINTENANCE OF AND ACCESS TO FILES.
	513	+	Page 19 1 (a) For each record relating to a certificate of
	514	+	2 title submitted to the office, the office shall:
	515	+	3 (1) ascertain or assign the hull identification
	516	+	4 number for the vessel;
	517	+	5 (2) maintain the hull identification number and all
	518	+	6 the information submitted with the application pursuant to
	519	+	7 Section 7(b) to which the record relates, including the date
	520	+	8 and time the record was delivered to the office;
	521	+	9 (3) maintain the files for public inspection subject
	522	+	10 to subsection (e); and
	523	+	11 (4) index the files of the office as required by
	524	+	12 subsection (b).
	525	+	13 (b) The office shall maintain in its files the
	526	+	14 information contained in all certificates of title created
	527	+	15 under this act. The information in the files of the office
	528	+	16 must be searchable by the hull identification number of the
	529	+	17 vessel, the vessel number, the name of the owner of record,
	530	+	18 and any other method used by the office.
	531	+	19 (c) The office shall maintain in its files, for each
	532	+	20 vessel for which it has created a certificate of title, all
	533	+	21 title brands known to the office, the name of each secured
	534	+	22 party known to the office, the name of each person known to
	535	+	23 the office to be claiming an ownership interest, and all
	536	+	24 stolen-property reports the office has received.
	537	+	25 (d) Upon request, for safety, security, or
	538	+	26 law-enforcement purposes, the office shall provide to federal,
	539	+	27 state, or local government the information in its files
	540	+	Page 20 1 relating to any vessel for which the office has issued a
542	541		2 certificate of title.
543		-	3 (a) On creation of a written certificate of title,
544		-	4 the office promptly shall send the certificate to the secured
545		-	5 party of record or, if none, to the owner of record, at the
546		-	6 address indicated for that person in the files of the office.
547		-	7 On creation of an electronic certificate of title, the office
548		-	8 promptly shall send a record evidencing the certificate to the
549		-	9 owner of record and, if there is one, to the secured party of
550		-	10 record, at the address indicated for that person in the files
551		-	11 of the office. The office may send the record to the person's
552		-	12 mailing address or, if indicated in the files of the office,
553		-	13 an electronic address.
554		-	14 (b) If the office creates a written certificate of
555		-	15 title, any electronic certificate of title for the vessel is
556		-	16 canceled and replaced by the written certificate. The office
557		-	17 shall maintain in the files of the office the date and time of
558		-	18 cancellation.
559		-	19 (c) Before the office creates an electronic
560		-	20 certificate of title, any written certificate for the vessel
561		-	21 must be surrendered to the office. If the office creates an
562		-	22 electronic certificate, the office shall destroy or otherwise
563		-	23 cancel the written certificate for the vessel which has been
564		-	24 surrendered to the office and maintain in the files of the
565		-	25 office the date and time of destruction or other cancellation.
566		-	Page 22 SB211
567		-	1 If a written certificate being canceled is not destroyed, the
568		-	2 office shall indicate on the face of the certificate that it
569		-	3 has been canceled.
570		-	4 Section 13. EFFECT OF CERTIFICATE OF TITLE. A
571		-	5 certificate of title is prima facie evidence of the accuracy
572		-	6 of the information in the record that constitutes the
573		-	7 certificate.
574		-	8 Section 14. EFFECT OF POSSESSION OF CERTIFICATE OF
575		-	9 TITLE; JUDICIAL PROCESS. Possession of a certificate of title
576		-	10 does not by itself provide a right to obtain possession of a
577		-	11 vessel. Garnishment, attachment, levy, replevin, or other
578		-	12 judicial process against the certificate is not effective to
579		-	13 determine possessory rights to the vessel. This act does not
580		-	14 prohibit enforcement under the law of this state other than
581		-	15 this act of a security interest in, levy on, or foreclosure of
582		-	16 a statutory or common-law lien on a vessel. Absence of an
583		-	17 indication of a security interest, statutory lien, or
584		-	18 common-law lien on a certificate does not invalidate the
585		-	19 security interest or lien.
586		-	20 Section 15. PERFECTION OF SECURITY INTEREST.
587		-	21 (a) Except as otherwise provided in this section or
588		-	22 Section 28, a security interest in a vessel may be perfected
589		-	23 only by delivery to the office of an application for a
590		-	24 certificate of title that identifies the secured party and
591		-	25 otherwise complies with Section 7. The security interest is
592		-	Page 23 SB211
593		-	1 perfected on the later of delivery to the office of the
594		-	2 application and the applicable fee or attachment of the
595		-	3 security interest under Section 7-9A-203 of the Code of
596		-	4 Alabama 1975.
597		-	5 (b) If the interest of a person named as owner in an
598		-	6 application for a certificate of title delivered to the office
599		-	7 is a security interest, the application sufficiently
600		-	8 identifies the person as a secured party. Identification on
601		-	9 the application for a certificate of a person as owner is not
602		-	10 by itself a factor in determining whether the person's
603		-	11 interest is a security interest.
604		-	12 (c) If the office has created a certificate of title
605		-	13 for a vessel, a security interest in the vessel may be
606		-	14 perfected by delivery to the office of an application, on a
607		-	15 form the office may require, to have the security interest
608		-	16 added to the certificate. The application must be signed by an
609		-	17 owner of the vessel or by the secured party and must include:
610		-	18 (1) the name of the owner of record;
611		-	19 (2) the name and mailing address of the secured
612		-	20 party;
613		-	21 (3) the hull identification number for the vessel;
614		-	22 and
615		-	23 (4) if the office has created a written certificate
616		-	24 of title for the vessel, the certificate.
617		-	Page 24 SB211
618		-	1 (d) A security interest perfected under subsection
	542	+	3 (e) Except as otherwise provided by the law of this
	543	+	4 state other than this act, the information required under
	544	+	5 Section 9 is a public record. The information provided under
	545	+	6 Section 7(b)(3) is not a public record.
	546	+	7 Section 12. ACTION REQUIRED ON CREATION OF
	547	+	8 CERTIFICATE OF TITLE.
	548	+	9 (a) On creation of a written certificate of title,
	549	+	10 the office promptly shall send the certificate to the secured
	550	+	11 party of record or, if none, to the owner of record, at the
	551	+	12 address indicated for that person in the files of the office.
	552	+	13 On creation of an electronic certificate of title, the office
	553	+	14 promptly shall send a record evidencing the certificate to the
	554	+	15 owner of record and, if there is one, to the secured party of
	555	+	16 record, at the address indicated for that person in the files
	556	+	17 of the office. The office may send the record to the person's
	557	+	18 mailing address or, if indicated in the files of the office,
	558	+	19 an electronic address.
	559	+	20 (b) If the office creates a written certificate of
	560	+	21 title, any electronic certificate of title for the vessel is
	561	+	22 canceled and replaced by the written certificate. The office
	562	+	23 shall maintain in the files of the office the date and time of
	563	+	24 cancellation.
	564	+	25 (c) Before the office creates an electronic
	565	+	26 certificate of title, any written certificate for the vessel
	566	+	27 must be surrendered to the office. If the office creates an
	567	+	Page 21 1 electronic certificate, the office shall destroy or otherwise
	568	+	2 cancel the written certificate for the vessel which has been
	569	+	3 surrendered to the office and maintain in the files of the
	570	+	4 office the date and time of destruction or other cancellation.
	571	+	5 If a written certificate being canceled is not destroyed, the
	572	+	6 office shall indicate on the face of the certificate that it
	573	+	7 has been canceled.
	574	+	8 Section 13. EFFECT OF CERTIFICATE OF TITLE. A
	575	+	9 certificate of title is prima facie evidence of the accuracy
	576	+	10 of the information in the record that constitutes the
	577	+	11 certificate.
	578	+	12 Section 14. EFFECT OF POSSESSION OF CERTIFICATE OF
	579	+	13 TITLE; JUDICIAL PROCESS. Possession of a certificate of title
	580	+	14 does not by itself provide a right to obtain possession of a
	581	+	15 vessel. Garnishment, attachment, levy, replevin, or other
	582	+	16 judicial process against the certificate is not effective to
	583	+	17 determine possessory rights to the vessel. This act does not
	584	+	18 prohibit enforcement under the law of this state other than
	585	+	19 this act of a security interest in, levy on, or foreclosure of
	586	+	20 a statutory or common-law lien on a vessel. Absence of an
	587	+	21 indication of a security interest, statutory lien, or
	588	+	22 common-law lien on a certificate does not invalidate the
	589	+	23 security interest or lien.
	590	+	24 Section 15. PERFECTION OF SECURITY INTEREST.
	591	+	25 (a) Except as otherwise provided in this section or
	592	+	26 Section 28, a security interest in a vessel may be perfected
	593	+	27 only by delivery to the office of an application for a
	594	+	Page 22 1 certificate of title that identifies the secured party and
	595	+	2 otherwise complies with Section 7. The security interest is
	596	+	3 perfected on the later of delivery to the office of the
	597	+	4 application and the applicable fee or attachment of the
	598	+	5 security interest under Section 7-9A-203 of the Code of
	599	+	6 Alabama 1975.
	600	+	7 (b) If the interest of a person named as owner in an
	601	+	8 application for a certificate of title delivered to the office
	602	+	9 is a security interest, the application sufficiently
	603	+	10 identifies the person as a secured party. Identification on
	604	+	11 the application for a certificate of a person as owner is not
	605	+	12 by itself a factor in determining whether the person's
	606	+	13 interest is a security interest.
	607	+	14 (c) If the office has created a certificate of title
	608	+	15 for a vessel, a security interest in the vessel may be
	609	+	16 perfected by delivery to the office of an application, on a
	610	+	17 form the office may require, to have the security interest
	611	+	18 added to the certificate. The application must be signed by an
	612	+	19 owner of the vessel or by the secured party and must include:
	613	+	20 (1) the name of the owner of record;
	614	+	21 (2) the name and mailing address of the secured
	615	+	22 party;
	616	+	23 (3) the hull identification number for the vessel;
	617	+	24 and
	618	+	25 (4) if the office has created a written certificate
	619	+	26 of title for the vessel, the certificate.
	620	+	Page 23 1 (d) A security interest perfected under subsection
619	621		2 (c) is perfected on the later of delivery to the office of the
620	622		3 application and all applicable fees or attachment of the
621	623		4 security interest under Section 7-9A-203 of the Code of
622	624		5 Alabama 1975.
623	625		6 (e) On delivery of an application that complies with
624	626		7 subsection (c) and payment of all applicable fees, the office
625	627		8 shall create a new certificate of title pursuant to Section 8
626	628		9 and deliver the new certificate or a record evidencing an
627	629		10 electronic certificate pursuant to Section 12(a). The office
628	630		11 shall maintain in the files of the office the date and time of
629	631		12 delivery of the application to the office.
630	632		13 (f) If a secured party assigns a perfected security
631	633		14 interest in a vessel, the receipt by the office of a statement
632	634		15 providing the name of the assignee as secured party is not
633	635		16 required to continue the perfected status of the security
634	636		17 interest against creditors of and transferees from the
635	637		18 original debtor. A purchaser of a vessel subject to a security
636	638		19 interest which obtains a release from the secured party
637	639		20 indicated in the files of the office or on the certificate
638	640		21 takes free of the security interest and of the rights of a
639	641		22 transferee unless the transfer is indicated in the files of
640	642		23 the office or on the certificate.
641	643		24 (g) This section does not apply to a security
642	644		25 interest:
643		-	Page 25 SB211
644		-	1 (1) created in a vessel by a person during any
645		-	2 period in which the vessel is inventory held for sale or lease
646		-	3 by the person or is leased by the person as lessor if the
647		-	4 person is a dealer;
648		-	5 (2) in a barge for which no application for a
649		-	6 certificate of title has been delivered to the office; or
650		-	7 (3) in a vessel before delivery if the vessel is
651		-	8 under construction, or completed, pursuant to contract and for
652		-	9 which no application for a certificate has been delivered to
653		-	10 the office.
654		-	11 (h) This subsection applies if a certificate of
655		-	12 documentation for a documented vessel is deleted or canceled.
656		-	13 If a security interest in the vessel was valid immediately
657		-	14 before deletion or cancellation against a third party as a
658		-	15 result of compliance with 46 U.S.C. §31321, the security
659		-	16 interest is and remains perfected until the earlier of four
660		-	17 months after cancellation of the certificate or the time the
661		-	18 security interest becomes perfected under this act.
662		-	19 (i) A security interest in a vessel arising under
663		-	20 Section 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5) of the
664		-	21 Code of Alabama 1975, is perfected when it attaches but
665		-	22 becomes unperfected when the debtor obtains possession of the
666		-	23 vessel, unless before the debtor obtains possession the
667		-	24 security interest is perfected pursuant to subsection (a) or
668		-	25 (c).
669		-	Page 26 SB211
670		-	1 (j) A security interest in a vessel as proceeds of
671		-	2 other collateral is perfected to the extent provided in
672		-	3 Section 7-9A-315 of the Code of Alabama 1975.
673		-	4 (k) A security interest in a vessel perfected under
674		-	5 the law of another jurisdiction is perfected to the extent
675		-	6 provided in Section 7-9A-316(d) of the Code of Alabama 1975.
676		-	7 Section 16. TERMINATION STATEMENT.
677		-	8 (a) Except as provided in subsection (b), a secured
678		-	9 party indicated in the files of the office as having a
679		-	10 security interest in a vessel shall deliver a termination
680		-	11 statement to the office and, on request of the owner of record
681		-	12 in a signed record, shall deliver a copy of the termination
682		-	13 statement to the owner of record, by the earlier of:
683		-	14 (1) twenty days after the secured party receives a
684		-	15 signed demand from an owner for a termination statement and
685		-	16 there is no obligation secured by the vessel subject to the
686		-	17 security interest and no commitment to make an advance, incur
687		-	18 an obligation, or otherwise give value secured by the vessel.
688		-	19 (2) if the vessel is consumer goods, 30 days after
689		-	20 there is no obligation secured by the vessel and no commitment
690		-	21 to make an advance, incur an obligation, or otherwise give
691		-	22 value secured by the vessel; or
692		-	23 (b) If a written certificate of title has been
693		-	24 created and delivered to a secured party, the secured party
694		-	25 may comply with the requirements of subsection (a) by signing
695		-	Page 27 SB211
696		-	1 the release form on the certificate and delivering the
697		-	2 certificate to the office or to the owner of record no later
698		-	3 than the date required by subsection (a). On request of the
699		-	4 owner of record, a secured party that delivers a written
700		-	5 certificate with a signed release form to the office shall,
701		-	6 not later than the date required by subsection (a), deliver a
702		-	7 copy of the certificate showing the signed release form to the
703		-	8 owner of record. If the certificate is lost, stolen,
704		-	9 mutilated, destroyed, or is otherwise unavailable or
705		-	10 illegible, the secured party shall deliver a termination
706		-	11 statement to the office as required by subsection (a) and
707		-	12 shall deliver to the office with the statement an application
708		-	13 for a replacement certificate meeting the requirements of
709		-	14 Section 22 and the applicable fee.
710		-	15 (c) On delivery to the office of a termination
711		-	16 statement under subsection (a) or (b), or on delivery of a
712		-	17 written certificate of title with a signed release form to the
713		-	18 office or the owner of record under subsection (b), any
714		-	19 security interest to which the statement or certificate
715		-	20 relates ceases to be perfected. If the security interest to
716		-	21 which the statement relates was indicated on the certificate,
717		-	22 the office shall create a new certificate and deliver the new
718		-	23 certificate or a record evidencing an electronic certificate
719		-	24 pursuant to Section 12(a). The office shall maintain in its
720		-	25 files the date and time of delivery to the office of a
721		-	Page 28 SB211
722		-	1 termination statement or written certificate with a signed
723		-	2 release form.
724		-	3 (d) A secured party that fails to comply with this
725		-	4 section is liable to the owner of record for a penalty in the
726		-	5 amount of five hundred dollars ($500). Nothing in this
727		-	6 subsection precludes the owner of record or another owner from
728		-	7 recovering damages under the law of this state other than this
729		-	8 act.
730		-	9 Section 17. TRANSFER OF OWNERSHIP.
731		-	10 (a) On voluntary transfer of an ownership interest
732		-	11 in a vessel covered by a certificate of title, the following
733		-	12 rules apply:
734		-	13 (1) If the certificate is a written certificate of
735		-	14 title and the transferor's interest is noted on the
736		-	15 certificate, the transferor shall sign the certificate and
737		-	16 deliver it to the transferee. If the transferor does not have
738		-	17 possession of the certificate, the person in possession of the
739		-	18 certificate has a duty to facilitate the transferor's
740		-	19 compliance with this subdivision. A secured party does not
741		-	20 have a duty to facilitate the transferor's compliance with
742		-	21 this subdivision if the proposed transfer is prohibited by the
743		-	22 security agreement.
744		-	23 (2) If the certificate of title is an electronic
745		-	24 certificate of title, the transferor shall sign and deliver to
746		-	Page 29 SB211
747		-	1 the transferee a record evidencing the transfer of ownership
748		-	2 to the transferee.
749		-	3 (3) The transferee has a right enforceable by
750		-	4 specific performance to require the transferor to comply with
751		-	5 subdivision (1) or (2).
752		-	6 (b) The creation of a certificate of title
753		-	7 identifying the transferee as owner of record satisfies
754		-	8 subsection (a).
755		-	9 (c) A failure to comply with subsection (a) or to
756		-	10 apply for a new certificate of title does not render a
757		-	11 transfer of ownership of a vessel ineffective between the
758		-	12 parties. Except as otherwise provided in Section 18, 19,
759		-	13 23(a), or 24, a transfer of ownership without compliance with
760		-	14 subsection (a) is not effective against another person
761		-	15 claiming an interest in the vessel.
762		-	16 (d) A transferor that complies with subsection (a)
763		-	17 is not liable solely in the capacity as owner of the vessel
764		-	18 for an event occurring after the transfer, regardless of
765		-	19 whether the transferee applies for a new certificate of title.
766		-	20 Section 18. EFFECT OF MISSING OR INCORRECT
767		-	21 INFORMATION.
768		-	22 Except as otherwise provided in Section 7-9A-337 of
769		-	23 the Code of Alabama 1975, a certificate of title or other
770		-	24 record required or authorized by this act is effective even if
771		-	Page 30 SB211
772		-	1 it contains incorrect information or does not contain required
773		-	2 information.
774		-	3 Section 19. TRANSFER OF OWNERSHIP BY SECURED PARTY'S
775		-	4 TRANSFER STATEMENT.
776		-	5 (a) In this section, "secured party's transfer
777		-	6 statement" means a record signed by the secured party of
778		-	7 record stating:
779		-	8 (1) that there has been a default on an obligation
780		-	9 secured by the vessel;
781		-	10 (2) that the secured party of record has exercised
782		-	11 post-default remedies with respect to the vessel;
783		-	12 (3) that, by reason of the exercise, a transferee
784		-	13 has acquired the ownership interest of an owner;
785		-	14 (4) the name of the owner whose ownership interest
786		-	15 has been acquired by the transferee;
787		-	16 (5) the name and last known mailing address of the
788		-	17 owner of record and the secured party of record;
789		-	18 (5) the name of the transferee;
790		-	19 (6) other information required by Section 7(b); and
791		-	20 (7) one of the following:
792		-	21 (A) that the certificate of title is an electronic
793		-	22 certificate;
794		-	23 (B) that the secured party does not have possession
795		-	24 of the written certificate of title created in the name of the
796		-	25 owner of record; or
797		-	Page 31 SB211
798		-	1 (C) that the secured party of record is delivering
799		-	2 the written certificate of title created in the name of the
800		-	3 owner of record to the office, with the release form signed,
801		-	4 with the transfer statement.
802		-	5 (b) Unless the office rejects a secured party's
803		-	6 transfer statement for a reason stated in Section 8(c), after
804		-	7 delivery to the office of the statement and the applicable fee
805		-	8 the office shall:
806		-	9 (1) accept the statement;
807		-	10 (2) amend its files to reflect the transfer; and
808		-	11 (3) if the name of the owner whose ownership
809		-	12 interest has been transferred is indicated on the certificate
810		-	13 of title:
811		-	14 (A) cancel the certificate;
812		-	15 (B) create a new certificate substituting the name
813		-	16 of the transferee for the name of the owner; and
814		-	17 (C) deliver the new certificate or a record
815		-	18 evidencing an electronic certificate pursuant to Section
816		-	19 12(a).
817		-	20 (c) An application under subsection (a) or the
818		-	21 creation of a certificate of title under subsection (b) is not
819		-	22 by itself a disposition of the vessel and does not by itself
820		-	23 relieve the secured party of its duties under Article 9A,
821		-	24 Title 7, Code of Alabama 1975.
822		-	25 Section 20. TRANSFER BY OPERATION OF LAW.
823		-	Page 32 SB211
824		-	1 (a) In this section:
825		-	2 (1) "By operation of law" means pursuant to a law or
826		-	3 judicial order affecting ownership of a vessel:
827		-	4 (A) because of death, divorce or other family law
828		-	5 proceeding, merger, consolidation, dissolution, or bankruptcy;
829		-	6 (B) through the exercise of the rights of a lien
830		-	7 creditor or a person having a lien created by statute or rule
831		-	8 of law; or
832		-	9 (C) through other legal process.
833		-	10 (2) "Transfer-by-law statement" means a record
834		-	11 signed by a transferee stating that by operation of law the
835		-	12 transferee has acquired or has the right to acquire an
836		-	13 ownership interest in a vessel.
837		-	14 (b) A transfer-by-law statement must contain:
838		-	15 (1) the name and last known mailing address of the
839		-	16 owner of record and the transferee and the other information
840		-	17 required by Section 7(b);
841		-	18 (2) documentation sufficient to establish the
842		-	19 transferee's ownership interest or right to acquire the
843		-	20 ownership interest;
844		-	21 (3) a statement that:
845		-	22 (A) the certificate of title is an electronic
846		-	23 certificate of title;
847		-	Page 33 SB211
848		-	1 (B) the transferee does not have possession of the
849		-	2 written certificate of title created in the name of the owner
850		-	3 of record; or
851		-	4 (C) the transferee is delivering the written
852		-	5 certificate to the office with the transfer-by-law statement;
853		-	6 and
854		-	7 (4) except for a transfer described in subsection
855		-	8 (a)(1)(A), evidence that notification of the transfer and the
856		-	9 intent to file the transfer-by-law statement has been sent to
857		-	10 all persons indicated in the files of the office as having an
858		-	11 interest, including a security interest, in the vessel.
859		-	12 (c) Unless the office rejects a transfer-by-law
860		-	13 statement for a reason stated in Section 8(c) or because the
861		-	14 statement does not include documentation satisfactory to the
862		-	15 office as to the transferee's ownership interest or right to
863		-	16 acquire the ownership interest, after delivery to the office
864		-	17 of the statement and payment of fees and taxes payable under
865		-	18 the law of this state other than this act in connection with
866		-	19 the statement or with the acquisition or use of the vessel,
867		-	20 the office shall:
868		-	21 (1) accept the statement;
869		-	22 (2) amend the files of the office to reflect the
870		-	23 transfer; and
871		-	Page 34 SB211
872		-	1 (3) if the name of the owner whose ownership
873		-	2 interest is being transferred is indicated on the certificate
874		-	3 of title:
875		-	4 (A) cancel the certificate even if the certificate
876		-	5 has not been delivered to the office;
877		-	6 (B) create a new certificate indicating the
878		-	7 transferee as owner;
879		-	8 (C) indicate on the new certificate any security
880		-	9 interest indicated on the canceled certificate, unless a court
881		-	10 order provides otherwise; and
882		-	11 (D) deliver the new certificate or a record
883		-	12 evidencing an electronic certificate.
884		-	13 (d) This section does not apply to a transfer of an
885		-	14 interest in a vessel by a secured party under Part 6, Article
886		-	15 9A, Title 7 of the Code of Alabama 1975.
887		-	16 Section 21. APPLICATION FOR TRANSFER OF OWNERSHIP OR
888		-	17 TERMINATION OF SECURITY INTEREST WITHOUT CERTIFICATE OF TITLE.
889		-	18 (a) Except as otherwise provided in Section 19 or
890		-	19 20, if the office receives, unaccompanied by a signed
891		-	20 certificate of title, an application for a new certificate
892		-	21 that includes an indication of a transfer of ownership or a
893		-	22 termination statement, the office may create a new certificate
894		-	23 under this section only if:
895		-	24 (1) all other requirements under Sections 7 and 8
896		-	25 are met;
897		-	Page 35 SB211
898		-	1 (2) the applicant provides an affidavit stating
899		-	2 facts showing the applicant is entitled to a transfer of
900		-	3 ownership or termination statement;
901		-	4 (3) the applicant provides the office with
902		-	5 satisfactory evidence that notification of the application has
903		-	6 been sent to the owner of record and all persons indicated in
904		-	7 the files of the office as having an interest, including a
905		-	8 security interest, in the vessel, at least 45 days have passed
906		-	9 since the notification was sent, and the office has not
907		-	10 received an objection from any of those persons; and
908		-	11 (4) the applicant submits any other information
909		-	12 required by the office as evidence of the applicant's
910		-	13 ownership or right to terminate the security interest, and the
911		-	14 office has no credible information indicating theft, fraud, or
912		-	15 an undisclosed or unsatisfied security interest, lien, or
913		-	16 other claim to an interest in the vessel.
914		-	17 (b) The office may indicate in a certificate of
915		-	18 title created under subsection (a) that the certificate was
916		-	19 created without submission of a signed certificate or
917		-	20 termination statement. Unless credible information indicating
918		-	21 theft, fraud, or an undisclosed or unsatisfied security
919		-	22 interest, lien, or other claim to an interest in the vessel is
920		-	23 delivered to the office not later than one year after creation
921		-	24 of the certificate, on request in a form and manner required
922		-	Page 36 SB211
923		-	1 by the office, the office shall remove the indication from the
924		-	2 certificate.
925		-	3 (c) Before the office creates a certificate of title
926		-	4 under subsection (a), the office may require the applicant to
927		-	5 post a bond. The bond may not exceed twice the value of the
928		-	6 vessel as determined by the office. The bond must be in form,
929		-	7 amount, and term required by the office and provide for
930		-	8 indemnification of any owner, purchaser, or other claimant for
931		-	9 any expense, loss, delay, or damage, including reasonable
932		-	10 attorney's fees and costs, but not including incidental or
933		-	11 consequential damages, resulting from creation or amendment of
934		-	12 the certificate.
935		-	13 Section 22. REPLACEMENT CERTIFICATE OF TITLE.
936		-	14 (a) If a written certificate of title is lost,
937		-	15 stolen, mutilated, destroyed, or otherwise becomes unavailable
938		-	16 or illegible, the secured party of record or, if no secured
939		-	17 party is indicated in the files of the office, the owner of
940		-	18 record, may apply for and, by furnishing information
941		-	19 satisfactory to the office, obtain a replacement certificate
942		-	20 in the name of the owner of record.
943		-	21 (b) An applicant for a replacement certificate of
944		-	22 title must sign the application, and, except as otherwise
945		-	23 permitted by the office, the application must comply with
946		-	24 Section 7. The application must include the existing
947		-	Page 37 SB211
948		-	1 certificate unless the certificate is lost, stolen, mutilated,
949		-	2 destroyed, or otherwise unavailable.
950		-	3 (c) A replacement certificate of title created by
951		-	4 the office must comply with Section 9 and indicate on the face
952		-	5 of the certificate that it is a replacement certificate.
953		-	6 (d) If a person receiving a replacement certificate
954		-	7 of title subsequently obtains possession of the original
955		-	8 written certificate, the person promptly shall destroy the
956		-	9 original certificate of title.
957		-	10 Section 23. RIGHTS OF PURCHASER OTHER THAN SECURED
958		-	11 PARTY.
959		-	12 (a) A buyer in ordinary course of business has the
960		-	13 protections afforded by Sections 7-2-403(2) and 7-9A-320(a) of
961		-	14 the Code of Alabama 1975, even if an existing certificate of
962		-	15 title was not signed and delivered to the buyer or a new
963		-	16 certificate listing the buyer as owner of record was not
964		-	17 created.
965		-	18 (b) Except as otherwise provided in Sections 17 and
966		-	19 24, the rights, with respect to a vessel, of a purchaser that
967		-	20 is not a buyer in ordinary course of business are governed by
968		-	21 Title 7 of the Code of Alabama 1975.
969		-	22 Section 24. RIGHTS OF SECURED PARTY.
970		-	23 (a) Subject to subsection (b), the effect of
971		-	24 perfection and nonperfection of a security interest and the
972		-	25 priority of a perfected or unperfected security interest with
973		-	Page 38 SB211
974		-	1 respect to the rights of a purchaser or creditor, including a
975		-	2 lien creditor, is governed by Title 7 of the Code of Alabama
976		-	3 1975. For purposes of the application of the provisions of
977		-	4 Title 7 of the Code of Alabama 1975, lien creditor has the
978		-	5 meaning provided by this act.
979		-	6 (b) If, while a security interest in a vessel is
980		-	7 perfected by any method under this act, the office creates a
981		-	8 certificate of title that does not indicate that the vessel is
982		-	9 subject to the security interest or contain a statement that
983		-	10 it may be subject to security interests not indicated on the
984		-	11 certificate:
985		-	12 (1) a buyer of the vessel, other than a person in
986		-	13 the business of selling or leasing vessels of that kind, takes
987		-	14 free of the security interest if the buyer, acting in good
988		-	15 faith and without knowledge of the security interest, gives
989		-	16 value and receives possession of the vessel; and
990		-	17 (2) the security interest is subordinate to a
991		-	18 conflicting security interest in the vessel that is perfected
992		-	19 under Section 15 after creation of the certificate and without
993		-	20 the conflicting secured party's knowledge of the security
994		-	21 interest.
995		-	22 Section 25. DUTIES AND OPERATION OF OFFICE.
996		-	23 (a) The office shall retain the evidence used to
997		-	24 establish the accuracy of the information in its files
998		-	Page 39 SB211
999		-	1 relating to the current ownership of a vessel and the
1000		-	2 information on the certificate of title.
1001		-	3 (b) The office shall retain in its files all
1002		-	4 information regarding a security interest in a vessel for at
1003		-	5 least 10 years after the office receives a termination
1004		-	6 statement regarding the security interest. The information
1005		-	7 must be accessible by the hull identification number for the
1006		-	8 vessel and any other methods provided by the office.
1007		-	9 (c) If a person submits a record to the office, or
1008		-	10 submits information that is accepted by the office, and
1009		-	11 requests an acknowledgment of the filing or submission, the
1010		-	12 office shall send to the person an acknowledgment showing the
1011		-	13 hull identification number of the vessel to which the record
1012		-	14 or submission relates, the information in the filed record or
1013		-	15 submission, and the date and time the record was received or
1014		-	16 the submission accepted. A request under this section must
1015		-	17 contain the hull identification number and be delivered by
1016		-	18 means authorized by the office.
1017		-	19 (d) The office shall send or otherwise make
1018		-	20 available in a record the following information to any person
1019		-	21 that requests it and pays the applicable fee:
1020		-	22 (1) whether the files of the office indicate, as of
1021		-	23 a date and time specified by the office, but not a date
1022		-	24 earlier than three days before the office received the
1023		-	25 request, any certificate of title, security interest,
1024		-	Page 40 SB211
1025		-	1 termination statement, or title brand that relates to a
1026		-	2 vessel:
1027		-	3 (A) identified by a hull identification number
1028		-	4 designated in the request;
1029		-	5 (B) identified by a vessel number designated in the
1030		-	6 request; or
1031		-	7 (C) owned by a person designated in the request;
1032		-	8 (2) with respect to the vessel:
1033		-	9 (A) the name and address of any owner as indicated
1034		-	10 in the files of the office or on the certificate of title;
1035		-	11 (B) the name and address of any secured party as
1036		-	12 indicated in the files of the office or on the certificate,
1037		-	13 and the effective date of the information; and
1038		-	14 (C) a copy of any termination statement indicated in
1039		-	15 the files of the office and the effective date of the
1040		-	16 termination statement; and
1041		-	17 (3) with respect to the vessel, a copy of any
1042		-	18 certificate of origin, secured party transfer statement,
1043		-	19 transfer-by-law statement under Section 20, and other evidence
1044		-	20 of previous or current transfers of ownership.
1045		-	21 (e) In responding to a request under this section,
1046		-	22 the office may provide the requested information in any medium
1047		-	23 as determined by the office. On request, the office shall send
1048		-	24 the requested information in a record that is
1049		-	25 self-authenticating under Alabama Rule of Evidence 902(1).
1050		-	Page 41 SB211
1051		-	1 Section 26. FEES.
1052		-	2 (a) There shall be a fee of twenty dollars ($20) to
1053		-	3 be collected by the office for processing and issuing the
1054		-	4 required documents and performing the other duties required by
1055		-	5 this act in connection with each of the following
1056		-	6 transactions:
1057		-	7 (1) an application for a certificate of title;
1058		-	8 (2) an application for a replacement certificate of
1059		-	9 title;
1060		-	10 (3) an application for a transfer of ownership by
1061		-	11 operation of law using a transfer-by-law statement;
1062		-	12 (4) an application for a transfer of ownership using
1063		-	13 a transfer statement;
1064		-	14 (5) an application for a transfer of ownership
1065		-	15 without a certificate of title, transfer-by-law statement, or
1066		-	16 transfer statement; and
1067		-	17 (6) a search request, including upon request the
1068		-	18 certification required by Section 11(e).
1069		-	19 (b) There shall be no fee for processing a
1070		-	20 termination statement or a statement merely providing the
1071		-	21 office with the name of a secured party's assignee.
1072		-	22 (c) Each county licensing official shall serve as an
1073		-	23 agent of the office for the purpose of receiving a document
1074		-	24 specified in subsection (a) or (b), collecting a fee as
1075		-	25 provided for by subsection (a) and forwarding the document and
1076		-	Page 42 SB211
1077		-	1 any fee to the office. A fee of five dollars ($5) shall be
1078		-	2 paid to the appropriate licensing official for a transaction
1079		-	3 specified in subsection (a) to be deposited in a separate fund
1080		-	4 maintained by the licensing official to be used in his or her
1081		-	5 sole discretion for any legal purpose in the operation of his
1082		-	6 or her office. There shall be no fee for a transaction
1083		-	7 specified in subsection (b).
1084		-	8 (d) The office may designate as its agent a dealer
1085		-	9 or financial institution located in this state for the purpose
1086		-	10 of preparing an application for a certificate of title and
1087		-	11 collecting the fee provided for by subsection (a) and
1088		-	12 forwarding the application and fee to the office. An agent
1089		-	13 acting under this subsection may charge a fee of no more than
1090		-	14 five dollars ($5) for its services.
1091		-	15 (e) The fees collected under this section shall be
1092		-	16 deposited in the State Treasury to the credit of the State
1093		-	17 General Fund after the appropriation provided to the office
1094		-	18 for the implementation and administration of this act.
1095		-	19 Section 27. UNIFORMITY OF APPLICATION AND
1096		-	20 CONSTRUCTION. In applying and construing this uniform act,
1097		-	21 consideration must be given to the need to promote uniformity
1098		-	22 of the law with respect to its subject matter among states
1099		-	23 that enact it.
1100		-	24 Section 28. RELATION TO ELECTRONIC SIGNATURES IN
1101		-	25 GLOBAL AND NATIONAL COMMERCE ACT.
1102		-	Page 43 SB211
1103		-	1 This act modifies, limits, and supersedes the
1104		-	2 federal Electronic Signatures in Global and National Commerce
1105		-	3 Act, 15 U.S.C. §7001, et seq., but does not modify, limit, or
1106		-	4 supersede Section 101(c) of that act, 15 U.S.C. §7001(c), or
1107		-	5 authorize electronic delivery of any of the notices described
1108		-	6 in Section 103(b) of that act, 15 U.S.C. §7003(b).
1109		-	7 Section 29. EFFECTIVE DATE; TRANSITION RULES;
1110		-	8 SAVINGS CLAUSE.
1111		-	9 (a) This act takes effect on January 1, 2024.
1112		-	10 (b) Except as provided in subsection (c), this act
1113		-	11 applies to any vessel for which this state is the state of
1114		-	12 principal use on or after January 1, 2024.
1115		-	13 (c) Except as provided in subsection (d), the
1116		-	14 provisions of this act do not apply to a vessel as to which
1117		-	15 construction has been completed as of December 31, 2023.
1118		-	16 (d) Notwithstanding subsection (c), the owner of a
1119		-	17 vessel that is 26 feet or more in length and to which
1120		-	18 subsection (b) applies may voluntarily apply for a certificate
1121		-	19 of title as provided in Section 6, in which case the
1122		-	20 provisions of this act apply to the vessel for all purposes
1123		-	21 when the application for a certificate of title is delivered
1124		-	22 to the office and thereafter.
1125		-	23 (e) The rights, duties, and interests flowing from a
1126		-	24 transaction, certificate of title, or record relating to a
1127		-	25 vessel which was validly entered into or created before the
1128		-	Page 44 SB211
1129		-	1 date the provisions of this act became applicable to the
1130		-	2 vessel and would be subject to this act if it had been entered
1131		-	3 into or created on or after the date the provisions of this
1132		-	4 act became applicable to the vessel, remain valid on and after
1133		-	5 the date the provisions of this act became applicable to the
1134		-	6 vessel.
1135		-	7 (f) This act does not affect an action or proceeding
1136		-	8 commenced before the date the provisions of this act became
1137		-	9 applicable.
1138		-	10 (g) Except as otherwise provided in subsection (i),
1139		-	11 a security interest in a vessel that is enforceable
1140		-	12 immediately before the date the provisions of this act became
1141		-	13 applicable to the vessel and would have priority over the
1142		-	14 rights of a person that becomes a lien creditor at that time
1143		-	15 is a perfected security interest under this act.
1144		-	16 (h) A security interest in a vessel perfected
1145		-	17 immediately before the date the provisions of this act became
1146		-	18 applicable to the vessel remains perfected until the earlier
1147		-	19 of:
1148		-	20 (1) the time perfection would have ceased under the
1149		-	21 law under which the security interest was perfected; or
1150		-	22 (2) three years after the date the provisions of
1151		-	23 this act became applicable to the vessel.
1152		-	24 (i) This act does not affect the priority of a
1153		-	25 security interest in a vessel if immediately before the date
1154		-	Page 45 SB211
1155		-	1 the provisions of this act became applicable to the vessel the
1156		-	2 security interest is enforceable and perfected, and that
1157		-	3 priority is established.
1158		-	4 Section 30. The Department of Revenue may adopt
1159		-	5 rules for the implementation and administration of this act.
1160		-	6 Section 31. This act shall become operative
1161		-	7 contingent upon full funding from the State General Fund for
1162		-	8 its implementation and administration, as certified by the
1163		-	9 Commissioner of Revenue.
1164		-	10 Section 32. This act shall become effective on
1165		-	11 January 1, 2024, following its passage and approval by the
1166		-	12 Governor, or its otherwise becoming law.
1167		-	Page 46 SB211
1168		-	1
	645	+	26 (1) created in a vessel by a person during any
	646	+	27 period in which the vessel is inventory held for sale or lease
	647	+	Page 24 1 by the person or is leased by the person as lessor if the
	648	+	2 person is a dealer;
	649	+	3 (2) in a barge for which no application for a
	650	+	4 certificate of title has been delivered to the office; or
	651	+	5 (3) in a vessel before delivery if the vessel is
	652	+	6 under construction, or completed, pursuant to contract and for
	653	+	7 which no application for a certificate has been delivered to
	654	+	8 the office.
	655	+	9 (h) This subsection applies if a certificate of
	656	+	10 documentation for a documented vessel is deleted or canceled.
	657	+	11 If a security interest in the vessel was valid immediately
	658	+	12 before deletion or cancellation against a third party as a
	659	+	13 result of compliance with 46 U.S.C. §31321, the security
	660	+	14 interest is and remains perfected until the earlier of four
	661	+	15 months after cancellation of the certificate or the time the
	662	+	16 security interest becomes perfected under this act.
	663	+	17 (i) A security interest in a vessel arising under
	664	+	18 Section 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5) of the
	665	+	19 Code of Alabama 1975, is perfected when it attaches but
	666	+	20 becomes unperfected when the debtor obtains possession of the
	667	+	21 vessel, unless before the debtor obtains possession the
	668	+	22 security interest is perfected pursuant to subsection (a) or
	669	+	23 (c).
	670	+	24 (j) A security interest in a vessel as proceeds of
	671	+	25 other collateral is perfected to the extent provided in
	672	+	26 Section 7-9A-315 of the Code of Alabama 1975.
	673	+	Page 25 1 (k) A security interest in a vessel perfected under
	674	+	2 the law of another jurisdiction is perfected to the extent
	675	+	3 provided in Section 7-9A-316(d) of the Code of Alabama 1975.
	676	+	4 Section 16. TERMINATION STATEMENT.
	677	+	5 (a) Except as provided in subsection (b), a secured
	678	+	6 party indicated in the files of the office as having a
	679	+	7 security interest in a vessel shall deliver a termination
	680	+	8 statement to the office and, on request of the owner of record
	681	+	9 in a signed record, shall deliver a copy of the termination
	682	+	10 statement to the owner of record, by the earlier of:
	683	+	11 (1) twenty days after the secured party receives a
	684	+	12 signed demand from an owner for a termination statement and
	685	+	13 there is no obligation secured by the vessel subject to the
	686	+	14 security interest and no commitment to make an advance, incur
	687	+	15 an obligation, or otherwise give value secured by the vessel.
	688	+	16 (2) if the vessel is consumer goods, 30 days after
	689	+	17 there is no obligation secured by the vessel and no commitment
	690	+	18 to make an advance, incur an obligation, or otherwise give
	691	+	19 value secured by the vessel; or
	692	+	20 (b) If a written certificate of title has been
	693	+	21 created and delivered to a secured party, the secured party
	694	+	22 may comply with the requirements of subsection (a) by signing
	695	+	23 the release form on the certificate and delivering the
	696	+	24 certificate to the office or to the owner of record no later
	697	+	25 than the date required by subsection (a). On request of the
	698	+	26 owner of record, a secured party that delivers a written
	699	+	27 certificate with a signed release form to the office shall,
	700	+	Page 26 1 not later than the date required by subsection (a), deliver a
	701	+	2 copy of the certificate showing the signed release form to the
	702	+	3 owner of record. If the certificate is lost, stolen,
	703	+	4 mutilated, destroyed, or is otherwise unavailable or
	704	+	5 illegible, the secured party shall deliver a termination
	705	+	6 statement to the office as required by subsection (a) and
	706	+	7 shall deliver to the office with the statement an application
	707	+	8 for a replacement certificate meeting the requirements of
	708	+	9 Section 22 and the applicable fee.
	709	+	10 (c) On delivery to the office of a termination
	710	+	11 statement under subsection (a) or (b), or on delivery of a
	711	+	12 written certificate of title with a signed release form to the
	712	+	13 office or the owner of record under subsection (b), any
	713	+	14 security interest to which the statement or certificate
	714	+	15 relates ceases to be perfected. If the security interest to
	715	+	16 which the statement relates was indicated on the certificate,
	716	+	17 the office shall create a new certificate and deliver the new
	717	+	18 certificate or a record evidencing an electronic certificate
	718	+	19 pursuant to Section 12(a). The office shall maintain in its
	719	+	20 files the date and time of delivery to the office of a
	720	+	21 termination statement or written certificate with a signed
	721	+	22 release form.
	722	+	23 (d) A secured party that fails to comply with this
	723	+	24 section is liable to the owner of record for a penalty in the
	724	+	25 amount of five hundred dollars ($500). Nothing in this
	725	+	26 subsection precludes the owner of record or another owner from
	726	+	Page 27 1 recovering damages under the law of this state other than this
	727	+	2 act.
	728	+	3 Section 17. TRANSFER OF OWNERSHIP.
	729	+	4 (a) On voluntary transfer of an ownership interest
	730	+	5 in a vessel covered by a certificate of title, the following
	731	+	6 rules apply:
	732	+	7 (1) If the certificate is a written certificate of
	733	+	8 title and the transferor's interest is noted on the
	734	+	9 certificate, the transferor shall sign the certificate and
	735	+	10 deliver it to the transferee. If the transferor does not have
	736	+	11 possession of the certificate, the person in possession of the
	737	+	12 certificate has a duty to facilitate the transferor's
	738	+	13 compliance with this subdivision. A secured party does not
	739	+	14 have a duty to facilitate the transferor's compliance with
	740	+	15 this subdivision if the proposed transfer is prohibited by the
	741	+	16 security agreement.
	742	+	17 (2) If the certificate of title is an electronic
	743	+	18 certificate of title, the transferor shall sign and deliver to
	744	+	19 the transferee a record evidencing the transfer of ownership
	745	+	20 to the transferee.
	746	+	21 (3) The transferee has a right enforceable by
	747	+	22 specific performance to require the transferor to comply with
	748	+	23 subdivision (1) or (2).
	749	+	24 (b) The creation of a certificate of title
	750	+	25 identifying the transferee as owner of record satisfies
	751	+	26 subsection (a).
	752	+	Page 28 1 (c) A failure to comply with subsection (a) or to
	753	+	2 apply for a new certificate of title does not render a
	754	+	3 transfer of ownership of a vessel ineffective between the
	755	+	4 parties. Except as otherwise provided in Section 18, 19,
	756	+	5 23(a), or 24, a transfer of ownership without compliance with
	757	+	6 subsection (a) is not effective against another person
	758	+	7 claiming an interest in the vessel.
	759	+	8 (d) A transferor that complies with subsection (a)
	760	+	9 is not liable solely in the capacity as owner of the vessel
	761	+	10 for an event occurring after the transfer, regardless of
	762	+	11 whether the transferee applies for a new certificate of title.
	763	+	12 Section 18. EFFECT OF MISSING OR INCORRECT
	764	+	13 INFORMATION.
	765	+	14 Except as otherwise provided in Section 7-9A-337 of
	766	+	15 the Code of Alabama 1975, a certificate of title or other
	767	+	16 record required or authorized by this act is effective even if
	768	+	17 it contains incorrect information or does not contain required
	769	+	18 information.
	770	+	19 Section 19. TRANSFER OF OWNERSHIP BY SECURED PARTY'S
	771	+	20 TRANSFER STATEMENT.
	772	+	21 (a) In this section, "secured party's transfer
	773	+	22 statement" means a record signed by the secured party of
	774	+	23 record stating:
	775	+	24 (1) that there has been a default on an obligation
	776	+	25 secured by the vessel;
	777	+	26 (2) that the secured party of record has exercised
	778	+	27 post-default remedies with respect to the vessel;
	779	+	Page 29 1 (3) that, by reason of the exercise, a transferee
	780	+	2 has acquired the ownership interest of an owner;
	781	+	3 (4) the name of the owner whose ownership interest
	782	+	4 has been acquired by the transferee;
	783	+	5 (5) the name and last known mailing address of the
	784	+	6 owner of record and the secured party of record;
	785	+	7 (5) the name of the transferee;
	786	+	8 (6) other information required by Section 7(b); and
	787	+	9 (7) one of the following:
	788	+	10 (A) that the certificate of title is an electronic
	789	+	11 certificate;
	790	+	12 (B) that the secured party does not have possession
	791	+	13 of the written certificate of title created in the name of the
	792	+	14 owner of record; or
	793	+	15 (C) that the secured party of record is delivering
	794	+	16 the written certificate of title created in the name of the
	795	+	17 owner of record to the office, with the release form signed,
	796	+	18 with the transfer statement.
	797	+	19 (b) Unless the office rejects a secured party's
	798	+	20 transfer statement for a reason stated in Section 8(c), not
	799	+	21 later than 20 days after delivery to the office of the
	800	+	22 statement and the applicable fee the office shall:
	801	+	23 (1) accept the statement;
	802	+	24 (2) amend its files to reflect the transfer; and
	803	+	25 (3) if the name of the owner whose ownership
	804	+	26 interest has been transferred is indicated on the certificate
	805	+	27 of title:
	806	+	Page 30 1 (A) cancel the certificate;
	807	+	2 (B) create a new certificate substituting the name
	808	+	3 of the transferee for the name of the owner; and
	809	+	4 (C) deliver the new certificate or a record
	810	+	5 evidencing an electronic certificate pursuant to Section
	811	+	6 12(a).
	812	+	7 (c) An application under subsection (a) or the
	813	+	8 creation of a certificate of title under subsection (b) is not
	814	+	9 by itself a disposition of the vessel and does not by itself
	815	+	10 relieve the secured party of its duties under Article 9A,
	816	+	11 Title 7, Code of Alabama 1975.
	817	+	12 Section 20. TRANSFER BY OPERATION OF LAW.
	818	+	13 (a) In this section:
	819	+	14 (1) "By operation of law" means pursuant to a law or
	820	+	15 judicial order affecting ownership of a vessel:
	821	+	16 (A) because of death, divorce or other family law
	822	+	17 proceeding, merger, consolidation, dissolution, or bankruptcy;
	823	+	18 (B) through the exercise of the rights of a lien
	824	+	19 creditor or a person having a lien created by statute or rule
	825	+	20 of law; or
	826	+	21 (C) through other legal process.
	827	+	22 (2) "Transfer-by-law statement" means a record
	828	+	23 signed by a transferee stating that by operation of law the
	829	+	24 transferee has acquired or has the right to acquire an
	830	+	25 ownership interest in a vessel.
	831	+	26 (b) A transfer-by-law statement must contain:
	832	+	Page 31 1 (1) the name and last known mailing address of the
	833	+	2 owner of record and the transferee and the other information
	834	+	3 required by Section 7(b);
	835	+	4 (2) documentation sufficient to establish the
	836	+	5 transferee's ownership interest or right to acquire the
	837	+	6 ownership interest;
	838	+	7 (3) a statement that:
	839	+	8 (A) the certificate of title is an electronic
	840	+	9 certificate of title;
	841	+	10 (B) the transferee does not have possession of the
	842	+	11 written certificate of title created in the name of the owner
	843	+	12 of record; or
	844	+	13 (C) the transferee is delivering the written
	845	+	14 certificate to the office with the transfer-by-law statement;
	846	+	15 and
	847	+	16 (4) except for a transfer described in subsection
	848	+	17 (a)(1)(A), evidence that notification of the transfer and the
	849	+	18 intent to file the transfer-by-law statement has been sent to
	850	+	19 all persons indicated in the files of the office as having an
	851	+	20 interest, including a security interest, in the vessel.
	852	+	21 (c) Unless the office rejects a transfer-by-law
	853	+	22 statement for a reason stated in Section 8(c) or because the
	854	+	23 statement does not include documentation satisfactory to the
	855	+	24 office as to the transferee's ownership interest or right to
	856	+	25 acquire the ownership interest, not later than 20 days after
	857	+	26 delivery to the office of the statement and payment of fees
	858	+	27 and taxes payable under the law of this state other than this
	859	+	Page 32 1 act in connection with the statement or with the acquisition
	860	+	2 or use of the vessel, the office shall:
	861	+	3 (1) accept the statement;
	862	+	4 (2) amend the files of the office to reflect the
	863	+	5 transfer; and
	864	+	6 (3) if the name of the owner whose ownership
	865	+	7 interest is being transferred is indicated on the certificate
	866	+	8 of title:
	867	+	9 (A) cancel the certificate even if the certificate
	868	+	10 has not been delivered to the office;
	869	+	11 (B) create a new certificate indicating the
	870	+	12 transferee as owner;
	871	+	13 (C) indicate on the new certificate any security
	872	+	14 interest indicated on the canceled certificate, unless a court
	873	+	15 order provides otherwise; and
	874	+	16 (D) deliver the new certificate or a record
	875	+	17 evidencing an electronic certificate.
	876	+	18 (d) This section does not apply to a transfer of an
	877	+	19 interest in a vessel by a secured party under Part 6, Article
	878	+	20 9A, Title 7 of the Code of Alabama 1975.
	879	+	21 Section 21. APPLICATION FOR TRANSFER OF OWNERSHIP OR
	880	+	22 TERMINATION OF SECURITY INTEREST WITHOUT CERTIFICATE OF TITLE.
	881	+	23 (a) Except as otherwise provided in Section 19 or
	882	+	24 20, if the office receives, unaccompanied by a signed
	883	+	25 certificate of title, an application for a new certificate
	884	+	26 that includes an indication of a transfer of ownership or a
	885	+	Page 33 1 termination statement, the office may create a new certificate
	886	+	2 under this section only if:
	887	+	3 (1) all other requirements under Sections 7 and 8
	888	+	4 are met;
	889	+	5 (2) the applicant provides an affidavit stating
	890	+	6 facts showing the applicant is entitled to a transfer of
	891	+	7 ownership or termination statement;
	892	+	8 (3) the applicant provides the office with
	893	+	9 satisfactory evidence that notification of the application has
	894	+	10 been sent to the owner of record and all persons indicated in
	895	+	11 the files of the office as having an interest, including a
	896	+	12 security interest, in the vessel, at least 45 days have passed
	897	+	13 since the notification was sent, and the office has not
	898	+	14 received an objection from any of those persons; and
	899	+	15 (4) the applicant submits any other information
	900	+	16 required by the office as evidence of the applicant's
	901	+	17 ownership or right to terminate the security interest, and the
	902	+	18 office has no credible information indicating theft, fraud, or
	903	+	19 an undisclosed or unsatisfied security interest, lien, or
	904	+	20 other claim to an interest in the vessel.
	905	+	21 (b) The office may indicate in a certificate of
	906	+	22 title created under subsection (a) that the certificate was
	907	+	23 created without submission of a signed certificate or
	908	+	24 termination statement. Unless credible information indicating
	909	+	25 theft, fraud, or an undisclosed or unsatisfied security
	910	+	26 interest, lien, or other claim to an interest in the vessel is
	911	+	27 delivered to the office not later than one year after creation
	912	+	Page 34 1 of the certificate, on request in a form and manner required
	913	+	2 by the office, the office shall remove the indication from the
	914	+	3 certificate.
	915	+	4 (c) Before the office creates a certificate of title
	916	+	5 under subsection (a), the office may require the applicant to
	917	+	6 post a bond. The bond may not exceed twice the value of the
	918	+	7 vessel as determined by the office. The bond must be in form,
	919	+	8 amount, and term required by the office and provide for
	920	+	9 indemnification of any owner, purchaser, or other claimant for
	921	+	10 any expense, loss, delay, or damage, including reasonable
	922	+	11 attorney's fees and costs, but not including incidental or
	923	+	12 consequential damages, resulting from creation or amendment of
	924	+	13 the certificate.
	925	+	14 Section 22. REPLACEMENT CERTIFICATE OF TITLE.
	926	+	15 (a) If a written certificate of title is lost,
	927	+	16 stolen, mutilated, destroyed, or otherwise becomes unavailable
	928	+	17 or illegible, the secured party of record or, if no secured
	929	+	18 party is indicated in the files of the office, the owner of
	930	+	19 record, may apply for and, by furnishing information
	931	+	20 satisfactory to the office, obtain a replacement certificate
	932	+	21 in the name of the owner of record.
	933	+	22 (b) An applicant for a replacement certificate of
	934	+	23 title must sign the application, and, except as otherwise
	935	+	24 permitted by the office, the application must comply with
	936	+	25 Section 7. The application must include the existing
	937	+	26 certificate unless the certificate is lost, stolen, mutilated,
	938	+	27 destroyed, or otherwise unavailable.
	939	+	Page 35 1 (c) A replacement certificate of title created by
	940	+	2 the office must comply with Section 9 and indicate on the face
	941	+	3 of the certificate that it is a replacement certificate.
	942	+	4 (d) If a person receiving a replacement certificate
	943	+	5 of title subsequently obtains possession of the original
	944	+	6 written certificate, the person promptly shall destroy the
	945	+	7 original certificate of title.
	946	+	8 Section 23. RIGHTS OF PURCHASER OTHER THAN SECURED
	947	+	9 PARTY.
	948	+	10 (a) A buyer in ordinary course of business has the
	949	+	11 protections afforded by Sections 7-2-403(2) and 7-9A-320(a) of
	950	+	12 the Code of Alabama 1975, even if an existing certificate of
	951	+	13 title was not signed and delivered to the buyer or a new
	952	+	14 certificate listing the buyer as owner of record was not
	953	+	15 created.
	954	+	16 (b) Except as otherwise provided in Sections 17 and
	955	+	17 24, the rights, with respect to a vessel, of a purchaser that
	956	+	18 is not a buyer in ordinary course of business are governed by
	957	+	19 Title 7 of the Code of Alabama 1975.
	958	+	20 Section 24. RIGHTS OF SECURED PARTY.
	959	+	21 (a) Subject to subsection (b), the effect of
	960	+	22 perfection and nonperfection of a security interest and the
	961	+	23 priority of a perfected or unperfected security interest with
	962	+	24 respect to the rights of a purchaser or creditor, including a
	963	+	25 lien creditor, is governed by Title 7 of the Code of Alabama
	964	+	26 1975. For purposes of the application of the provisions of
	965	+	Page 36 1 Title 7 of the Code of Alabama 1975, lien creditor has the
	966	+	2 meaning provided by this act.
	967	+	3 (b) If, while a security interest in a vessel is
	968	+	4 perfected by any method under this act, the office creates a
	969	+	5 certificate of title that does not indicate that the vessel is
	970	+	6 subject to the security interest or contain a statement that
	971	+	7 it may be subject to security interests not indicated on the
	972	+	8 certificate:
	973	+	9 (1) a buyer of the vessel, other than a person in
	974	+	10 the business of selling or leasing vessels of that kind, takes
	975	+	11 free of the security interest if the buyer, acting in good
	976	+	12 faith and without knowledge of the security interest, gives
	977	+	13 value and receives possession of the vessel; and
	978	+	14 (2) the security interest is subordinate to a
	979	+	15 conflicting security interest in the vessel that is perfected
	980	+	16 under Section 15 after creation of the certificate and without
	981	+	17 the conflicting secured party's knowledge of the security
	982	+	18 interest.
	983	+	19 Section 25. DUTIES AND OPERATION OF OFFICE.
	984	+	20 (a) The office shall retain the evidence used to
	985	+	21 establish the accuracy of the information in its files
	986	+	22 relating to the current ownership of a vessel and the
	987	+	23 information on the certificate of title.
	988	+	24 (b) The office shall retain in its files all
	989	+	25 information regarding a security interest in a vessel for at
	990	+	26 least 10 years after the office receives a termination
	991	+	27 statement regarding the security interest. The information
	992	+	Page 37 1 must be accessible by the hull identification number for the
	993	+	2 vessel and any other methods provided by the office.
	994	+	3 (c) If a person submits a record to the office, or
	995	+	4 submits information that is accepted by the office, and
	996	+	5 requests an acknowledgment of the filing or submission, the
	997	+	6 office shall send to the person an acknowledgment showing the
	998	+	7 hull identification number of the vessel to which the record
	999	+	8 or submission relates, the information in the filed record or
	1000	+	9 submission, and the date and time the record was received or
	1001	+	10 the submission accepted. A request under this section must
	1002	+	11 contain the hull identification number and be delivered by
	1003	+	12 means authorized by the office.
	1004	+	13 (d) The office shall send or otherwise make
	1005	+	14 available in a record the following information to any person
	1006	+	15 that requests it and pays the applicable fee:
	1007	+	16 (1) whether the files of the office indicate, as of
	1008	+	17 a date and time specified by the office, but not a date
	1009	+	18 earlier than three days before the office received the
	1010	+	19 request, any certificate of title, security interest,
	1011	+	20 termination statement, or title brand that relates to a
	1012	+	21 vessel:
	1013	+	22 (A) identified by a hull identification number
	1014	+	23 designated in the request;
	1015	+	24 (B) identified by a vessel number designated in the
	1016	+	25 request; or
	1017	+	26 (C) owned by a person designated in the request;
	1018	+	27 (2) with respect to the vessel:
	1019	+	Page 38 1 (A) the name and address of any owner as indicated
	1020	+	2 in the files of the office or on the certificate of title;
	1021	+	3 (B) the name and address of any secured party as
	1022	+	4 indicated in the files of the office or on the certificate,
	1023	+	5 and the effective date of the information; and
	1024	+	6 (C) a copy of any termination statement indicated in
	1025	+	7 the files of the office and the effective date of the
	1026	+	8 termination statement; and
	1027	+	9 (3) with respect to the vessel, a copy of any
	1028	+	10 certificate of origin, secured party transfer statement,
	1029	+	11 transfer-by-law statement under Section 20, and other evidence
	1030	+	12 of previous or current transfers of ownership.
	1031	+	13 (e) In responding to a request under this section,
	1032	+	14 the office may provide the requested information in any medium
	1033	+	15 as determined by the office. On request, the office shall send
	1034	+	16 the requested information in a record that is
	1035	+	17 self-authenticating under Alabama Rule of Evidence 902(1).
	1036	+	18 Section 26. FEES.
	1037	+	19 (a) There shall be a fee of twenty-five dollars
	1038	+	20 ($25) to be collected by the office for processing and issuing
	1039	+	21 the required documents and performing the other duties
	1040	+	22 required by this act in connection with each of the following
	1041	+	23 transactions:
	1042	+	24 (1) an application for a certificate of title;
	1043	+	25 (2) an application for a replacement certificate of
	1044	+	26 title;
	1045	+	Page 39 1 (3) an application for a transfer of ownership by
	1046	+	2 operation of law using a transfer-by-law statement;
	1047	+	3 (4) an application for a transfer of ownership using
	1048	+	4 a transfer statement;
	1049	+	5 (5) an application for a transfer of ownership
	1050	+	6 without a certificate of title, transfer-by-law statement, or
	1051	+	7 transfer statement; and
	1052	+	8 (6) a search request, including upon request the
	1053	+	9 certification required by Section 11(e).
	1054	+	10 (b) There shall be no fee for processing a
	1055	+	11 termination statement or a statement merely providing the
	1056	+	12 office with the name of a secured party's assignee.
	1057	+	13 (c) Each county licensing official shall serve as an
	1058	+	14 agent of the office for the purpose of receiving a document
	1059	+	15 specified in subsection (a) or (b), collecting a fee as
	1060	+	16 provided for by subsection (a) and forwarding the document and
	1061	+	17 any fee to the office. A fee of fifteen dollars ($15) shall be
	1062	+	18 paid to the appropriate licensing official for a transaction
	1063	+	19 specified in subsection (a) to be deposited in a separate fund
	1064	+	20 maintained by the licensing official to be used in his or her
	1065	+	21 sole discretion for any legal purpose in the operation of his
	1066	+	22 or her office. There shall be no fee for a transaction
	1067	+	23 specified in subsection (b).
	1068	+	24 (d) The office may designate as its agent a dealer
	1069	+	25 or financial institution located in this state for the purpose
	1070	+	26 of preparing an application for a certificate of title and
	1071	+	27 collecting the fee provided for by subsection (a) and
	1072	+	Page 40 1 forwarding the application and fee to the office. An agent
	1073	+	2 acting under this subsection may charge a fee of no more than
	1074	+	3 five dollars ($5) for its services.
	1075	+	4 (e) Fees collected under this section shall be
	1076	+	5 deposited into the State Treasury to the credit of the Public
	1077	+	6 Safety Fund. Amounts deposited into the Public Safety Fund
	1078	+	7 shall be budgeted and allotted in accordance with Sections
	1079	+	8 41-4-80 through 41-4-96 and 41-19-1 through 41-19-12, Code of
	1080	+	9 Alabama 1975.
	1081	+	10 Section 27. UNIFORMITY OF APPLICATION AND
	1082	+	11 CONSTRUCTION. In applying and construing this uniform act,
	1083	+	12 consideration must be given to the need to promote uniformity
	1084	+	13 of the law with respect to its subject matter among states
	1085	+	14 that enact it.
	1086	+	15 Section 28. RELATION TO ELECTRONIC SIGNATURES IN
	1087	+	16 GLOBAL AND NATIONAL COMMERCE ACT.
	1088	+	17 This act modifies, limits, and supersedes the
	1089	+	18 federal Electronic Signatures in Global and National Commerce
	1090	+	19 Act, 15 U.S.C. §7001, et seq., but does not modify, limit, or
	1091	+	20 supersede Section 101(c) of that act, 15 U.S.C. §7001(c), or
	1092	+	21 authorize electronic delivery of any of the notices described
	1093	+	22 in Section 103(b) of that act, 15 U.S.C. §7003(b).
	1094	+	23 Section 29. EFFECTIVE DATE; TRANSITION RULES;
	1095	+	24 SAVINGS CLAUSE.
	1096	+	25 (a) This act takes effect on January 1, 2023.
	1097	+	Page 41 1 (b) Except as provided in subsection (c), this act
	1098	+	2 applies to any vessel for which this state is the state of
	1099	+	3 principal use on or after January 1, 2023.
	1100	+	4 (c) Except as provided in subsection (d), the
	1101	+	5 provisions of this act do not apply to a vessel as to which
	1102	+	6 construction has been completed as of December 31, 2022.
	1103	+	7 (d) Notwithstanding subsection (c), the owner of a
	1104	+	8 vessel that is 26 feet or more in length and to which
	1105	+	9 subsection (b) applies may voluntarily apply for a certificate
	1106	+	10 of title as provided in Section 6, in which case the
	1107	+	11 provisions of this act apply to the vessel for all purposes
	1108	+	12 when the application for a certificate of title is delivered
	1109	+	13 to the office and thereafter.
	1110	+	14 (e) The rights, duties, and interests flowing from a
	1111	+	15 transaction, certificate of title, or record relating to a
	1112	+	16 vessel which was validly entered into or created before the
	1113	+	17 date the provisions of this act became applicable to the
	1114	+	18 vessel and would be subject to this act if it had been entered
	1115	+	19 into or created on or after the date the provisions of this
	1116	+	20 act became applicable to the vessel, remain valid on and after
	1117	+	21 the date the provisions of this act became applicable to the
	1118	+	22 vessel.
	1119	+	23 (f) This act does not affect an action or proceeding
	1120	+	24 commenced before the date the provisions of this act became
	1121	+	25 applicable.
	1122	+	26 (g) Except as otherwise provided in subsection (i),
	1123	+	27 a security interest in a vessel that is enforceable
	1124	+	Page 42 1 immediately before the date the provisions of this act became
	1125	+	2 applicable to the vessel and would have priority over the
	1126	+	3 rights of a person that becomes a lien creditor at that time
	1127	+	4 is a perfected security interest under this act.
	1128	+	5 (h) A security interest in a vessel perfected
	1129	+	6 immediately before the date the provisions of this act became
	1130	+	7 applicable to the vessel remains perfected until the earlier
	1131	+	8 of:
	1132	+	9 (1) the time perfection would have ceased under the
	1133	+	10 law under which the security interest was perfected; or
	1134	+	11 (2) three years after the date the provisions of
	1135	+	12 this act became applicable to the vessel.
	1136	+	13 (i) This act does not affect the priority of a
	1137	+	14 security interest in a vessel if immediately before the date
	1138	+	15 the provisions of this act became applicable to the vessel the
	1139	+	16 security interest is enforceable and perfected, and that
	1140	+	17 priority is established.
	1141	+	18 Section 30. This act shall become effective on
	1142	+	19 January 1, 2023, following its passage and approval by the
	1143	+	20 Governor, or its otherwise become law.
	1144	+	Page 43 1
1169	1145		2
1170		-	3
1171		-	4
1172		-	President and Presiding Officer of the Senate
1173		-
1174		-	5
1175		-	6 Speaker of the House of Representatives
1176		-	SB2117
1177		-	8 Senate 16-FEB-22
1178		-	9 I hereby certify that the within Act originated in and passed
1179		-	10 the Senate, as amended.
1180		-	11
1181		-	12 Patrick Harris,
1182		-	13 Secretary.
	1146	+	3 Senate
	1147	+	Read for the first time and referred to the Senate4
	1148	+	committee on Governmental Affairs.................5 1.0-FEB-22
	1149	+	6
	1150	+	Read for the second time and placed on the calen-7
	1151	+	dar...............................................8 1.5-FEB-22
	1152	+	9
	1153	+	Read for the third time and passed as amended ....10 1.6-FEB-22
	1154	+	Yeas 2611
	1155	+	12 Nays 1
	1156	+	13
1183	1157		14
1184		-	15
1185		-	16
1186		-	17 House of Representatives
1187		-	18 Amended and passed 01-MAR-22
1188		-	19
1189		-	20
1190		-	21 Senate concurred in House amendment 08-MAR-22
1191		-	22
1192		-	23
1193		-	24 By: Senator Elliott
1194		-	Page 47
	1158	+	15 Patrick Harris,
	1159	+	16 Secretary.
	1160	+	17
	1161	+	Page 44