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URL:http://alisondb.legislature.state.al.us/alison/CodeOfAlabama
/1975/33-5-11.htm
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Modified:2017-12-29 09:24:28
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Title:33-5-11
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Body:Section 33-5-11

Certificates of registration and numbers generally - Application for and issuance of certificate and number; certificate requirements; distinctive identification stickers; replacement stickers; fees; rules.

(a) The owner of each vessel requiring numbering by this state shall file an application for a number with the probate judges' offices, or license commissioner, in the county of residence of the purchaser, or the county in which the vessel is domiciled, or in the county where the vessel is purchased on forms approved by the Alabama State Law Enforcement Agency. The application shall be filed by the owner of the vessel and shall be accompanied by a fee in accordance with Section 33-5-17. Upon receipt of the application and its approval by the authorized issuing official, the official shall enter the same upon the records and issue to the applicant a certificate of registration stating the number awarded to the vessel, the name and address of the owner, and a description of the vessel. The owner shall paint on or attach to each side of the bow of the vessel the annual identification number issued in such manner as may be prescribed by rules of the Alabama State Law Enforcement Agency so that it may be clearly visible and be of such size as required by the Federal Boating Act of 1958 or any subsequent amendment thereto. The number shall be maintained in legible condition. The certificate of registration shall be pocket size and shall be available at all times for inspection on the vessel for which issued whenever the vessel is in operation.

(b) In lieu of painting the vessel identification number on or otherwise attaching the number to a vessel pursuant to subsection (a), the owner of a vessel may purchase a pair of one-year distinctive identification stickers showing support for any organization, college, or university approved for the issuance of distinctive motor vehicle license tags as provided pursuant to Section 32-6-64 or subsection (b) of Section 32-6-150, provided that the sponsoring organization, college, or university has requested that it be included in the distinctive vessel program and a distinctive license plate has been approved by both the Joint Legislative Oversight Committee on License Tags and the sponsoring organization. Notwithstanding the foregoing, distinctive vessel identification stickers shall not be available if a distinctive license plate may not be personalized pursuant to Section 32-6-69. If there is no sponsoring organization, college, or university associated with a distinctive automobile license plate for which corresponding distinctive vessel identification stickers could otherwise be considered by the Joint Legislative Oversight Committee on License Tags, a taxpayer may obtain authorization for the distinctive vessel identification stickers upon petition to and approval by the Joint Legislative Oversight Committee on License Tags. In no case shall distinctive vessel identification stickers be issued to an applicant unless the applicant would qualify for the corresponding distinctive license plate. The design and use of the distinctive vessel identification stickers shall be approved by the Joint Legislative Oversight Committee on License Tags created pursuant to Section 32-6-67 and the secretary of the agency. Applications for distinctive vessel identification stickers shall be made on forms approved by the Alabama State Law Enforcement Agency. An applicant shall qualify for the corresponding distinctive license plate in order to receive a distinctive vessel identification sticker. The distinctive vessel identification stickers purchased shall include the certificate of registration number issued to the owner in accordance with subsection (a) and shall be affixed to the vessel as prescribed by rules of the Alabama State Law Enforcement Agency.

(c) The additional cost of distinctive identification stickers for a vessel shall be fifty dollars ($50) plus an additional issuance fee of two dollars ($2) and any other surcharge or convenience fee authorized by Section 11-103-1; provided, however, the surcharge or convenience fee may not be in an amount greater than the transaction fee charged by the credit card issuer or processor. The issuance fee and any other surcharge or convenience fee shall be paid to and collected by the issuing official. The issuance fee shall be used at the sole discretion of the issuing official for equipment, maintenance, and any services necessary for the improvement of the office of the licensing official. The surcharge or convenience fee shall be applied toward the payment of any administrative or transaction fee charged by the credit card issuer or processor. The additional fifty dollars ($50) in proceeds from the sale of the distinctive vessel identification stickers shall be transmitted by the licensing official to the Comptroller, who shall distribute the proceeds in the following manner:

(1) Actual costs of the production and delivery of stickers, not to exceed 14 percent of the proceeds, shall be distributed to the Alabama Correctional Industries Division of the Department of Corrections. The costs shall be established by rule of the Department of Corrections.

(2) Actual costs of the processing of applications and payments for stickers, not to exceed six percent of the proceeds, shall be distributed to the Alabama State Law Enforcement Agency. The costs shall be established by rule of the agency.

(3) One-half of the remainder of the proceeds shall be distributed to the sponsoring organization and one-half shall be distributed to the Department of Conservation and Natural Resources and earmarked for the operation of state parks.

(d) If the Joint Legislative Oversight Committee on License Tags has approved a distinctive design for a motor vehicle license tag that does not currently provide revenue to a sponsoring organization, the fifty dollars ($50) additional cost of the distinctive vessel identification stickers shall be transmitted by the licensing official to the Comptroller who shall distribute all of the proceeds, less the cost of production and processing as prescribed in subsection (c) to the Department of Conservation and Natural Resources for the operation of the state parks.

(e) The first period for the issuance of distinctive vessel identification stickers after approval by the joint committee shall be for a period corresponding to the end of the current period of registration for the corresponding distinctive motor vehicle license plates. The distinctive identification stickers may then be renewed for one year on the anniversary date for the renewal of the corresponding distinctive motor vehicle license tag for the same sponsoring organization. All distinctive vessel identification stickers shall be redesigned as corresponding motor vehicle license plates are redesigned.

(f) If a distinctive vessel identification sticker is damaged to the extent that the vessel registration number becomes illegible or if a distinctive vessel identification sticker is lost, mutilated, or destroyed, the owner of the vessel shall file with the county licensing official documentation of such as prescribed by rules of the Alabama State Law Enforcement Agency. Upon payment for a replacement sticker in an amount prescribed by rules of the Alabama State Law Enforcement Agency not to exceed fifteen dollars ($15) per sticker and the surrender of the damaged or mutilated distinctive vessel identification sticker, the licensing official shall issue a replacement sticker. In addition to the cost of a replacement sticker, the licensing official shall charge an issuance fee of two dollars ($2) and any other surcharge or convenience fee authorized by Section 11-103-1; provided, however, the surcharge or convenience fee may not be in an amount greater than the transaction fee charged by the credit card issuer or processor. The issuance fee and any other surcharge or convenience fee shall be used for the same purposes prescribed in subsection (c). The proceeds from the purchase of replacement distinctive vessel identification stickers shall be distributed in the same manner as proceeds are distributed in subsection (c). Should a lost vessel identification sticker be recovered or come into the possession of the vessel owner, he or she shall immediately deliver and surrender the sticker to the local licensing official.

(g) On or before the twentieth day of each month, the licensing official shall transmit all proceeds received from the sale of distinctive vessel identification stickers during the then preceding month to the Comptroller. Funds collected and distributed pursuant to this section shall be audited by the Department of Examiners of Public Accounts.

(h) Distinctive vessel identification stickers shall be transferable to a new owner of the vessel subject to rules as may be established by the Alabama State Law Enforcement Agency.

(i) Notwithstanding any other provision of this article to the contrary, the Alabama State Law Enforcement Agency shall have the necessary power, authority, and responsibility to promulgate rules to implement, administer, and enforce this article.

(Acts 1959, No. 576, p. 1442, §8; Acts 1994, No. 94-622, p. 1162, §9; Act 2016-421, §1; Act 2017-379, §1.)