Ala. Code § 23-6-9 — Alabama Code / Title 23 / Chapter 6 / Section 23-6-9
Section 23-6-9 Disposition of Bond Proceeds; Refunding Bonds; Contracts for Construction; Work Done Without Contract; Property Acquired by Corporation; Security Controls; Ownership; Appropriations
Status: in_force

(a) The proceeds of all bonds, other than refunding bonds, issued by the corporation, remaining after paying the expenses of their issuance, shall be turned into the treasury, shall be carried in a special industrial access road and bridge construction account, and shall be available to be drawn upon by the corporation, upon the approval of the State Department of Transportation and the Governor, but solely for the purpose of constructing, reconstructing, and relocating industrial access roads and bridges, incidental or related work, and the acquisition of necessary property. Monies on deposit in the industrial access road and bridge construction account shall be invested by the State Treasurer at the direction of the corporation in permitted investments which mature at such time or times as the corporation shall direct. Net interest income earned from the investment of bond proceeds deposited into the industrial access road and bridge construction account shall be deposited as received by the State Treasurer into the state Public Road and Bridge Fund to be used for state highway purposes.

(b)(1) The proceeds from the sale of any refunding bonds of the corporation remaining after paying the expenses of their issuance shall be used only for the purpose of refunding outstanding bonds of the corporation and of paying any premium that may be necessary to be paid in order to redeem or retire the bonds to be refunded.

(2) Bonds refunded prior to their maturity with the proceeds of refunding bonds shall be defeased if the corporation, in its proceedings regarding issuance of the refunding bonds, provides for and establishes a trust or escrow fund comprised of monies or government securities, or both, sufficient to pay, when due, the entire principal of, premium, if any, and interest on the refunded bonds; provided, that such government securities shall not be subject to redemption prior to their maturities other than at the option of the holder thereof.

(3) Upon the establishment of the trust or escrow fund, the refunded bonds shall :

a. No longer be deemed to be outstanding ;

b. No longer be secured by the funds pledged therefor in Section 23-6-10 of this chapter ;

c. No longer be obligations of the corporation ; and

d. Be secured solely by and payable from monies and government securities deposited in such trust or escrow fund.

(c)(1) All contracts of the corporation for the construction, reconstruction, relocation of industrial access roads and bridges, incidental or related work , and the acquisition of necessary property shall be as follows:

a. In writing .

b. Subject to the rules of the State Department of Transportation .

c. Subject to approval by the Governor and by the State Department of Transportation.

(2) All work provided for in any such contract shall be supervised by the State Department of Transportation.

(d) All individuals engaged in the supervision or performance of any work of construction, reconstruction, or relocation that is undertaken by the corporation without the award of a contract shall be employees of the State Department of Transportation.

(e) Any property acquired by the corporation by purchase, condemnation, or otherwise shall be acquired in the name of the state or shall be forthwith conveyed to the state.

(f) All roads and bridges constructed by the corporation shall constitute part of the public highway and street system of the state . However, a private facility may establish reasonable security controls on a constructed access roadway, in cooperation with local law enforcement agencies, for the protection of its facility and employees, including but not limited to an access gate, turn around lane, or enclosed structure. These security controls shall not be considered a privatization of the public roadway .

(g) Notwithstanding any other provision of law to the contrary, a road constructed by or for a business entity pursuant to an executed project agreement with the state in accordance with Section 40-18-374 shall be considered an industrial access road and bridge for purposes of this chapter and may be owned by the business entity.

(h) There is appropriated so much of the bond proceeds as may be necessary for the construction of industrial access roads and bridges in the state.
Ala. Code § 23-1-436 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-436
Section 23-1-436 (This Section Terminates April 26, 2018, If No Revenue Is Created.) Termination of Article
Status: in_force

The provisions of this article shall automatically terminate two years after the effective date of this article if no revenue is created.
Ala. Code § 23-1-283 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-283
Section 23-1-283 Nonconforming Signs - Just Compensation - Sufficient Federal Funds Required
Status: in_force

Despite any contrary provisions in this division, no sign shall be required to be removed unless at the time of removal there are sufficient funds, from whatever source, appropriated and immediately made available to the director with which to pay the just compensation required under Sections 23-1-280 through 23-1-282 and unless, at such time, the federal funds required to be contributed to this state under Section 131, Title 23, United States Code, have been appropriated and are immediately available to the state.
Ala. Code § 23-1-435 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-435
Section 23-1-435 (This Section Terminates April 26, 2018, If No Revenue Is Created.) Alabama Transportation Rehabilitation and Improvement Program Committee
Status: in_force

(a) There is hereby created the Alabama Transportation Rehabilitation and Improvement Program (ATRIP) Committee. The appointing authorities shall coordinate their appointments to assure the committee membership is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. All members of the ATRIP Committee shall be appointed by May 26, 2016, and shall serve until a successor is named. Members of the ATRIP Committee shall consist of:

(1) The Director of the State Department of Transportation who shall serve as chair of the ATRIP Committee.

(2) The Lieutenant Governor or his or her designee.

(3) One member appointed by the President Pro Tempore of the Senate.

(4) One member appointed by the Speaker of the House of Representatives.

(5) One member appointed by the Association of County Commissions of Alabama.

(6) One member appointed by the Alabama League of Municipalities.

(7) One member appointed by the Business Council of Alabama.

(8) One member appointed by the Alabama Farmers Federation.

(9) One member appointed by the Alabama Rural Electric Association of Cooperatives.

(10) Three members appointed by the Governor, one of whom shall be a minority member of the Legislature.

(b) The ATRIP Committee is authorized to enter into an agreement with any funding authority or bank that is authorized to issue tax exempt debt for infrastructure purposes in order to pledge the annual revenue proceeds allocated in subdivision (1) of Section 23-1-431 as payment for any loan or debt indenture. If the amount of annual revenue proceeds allocated in subdivision (1) of Section 23-1-431 is thirty-two million dollars ($32,000,000) annually, the ATRIP Committee is authorized to pledge thirty-two million dollars ($32,000,000) of annual revenue proceeds as payment for any loan or debt indenture not to exceed three hundred million dollars ($300,000,000) of loan or debt commitments outstanding at any time. If the amount of annual revenue proceeds allocated in subdivision (1) of Section 23-1-431 is increased to sixty-four million dollars ($64,000,000) annually, the ATRIP Committee is authorized to pledge sixty-four million dollars ($64,000,000) of annual revenue proceeds as payment for any loan or debt indenture not to exceed six hundred million dollars ($600,000,000) of loan or debt commitments outstanding at any time. By June 25, 2016, the ATRIP Committee shall convene to develop and adopt procedures for the pledge of any revenue proceeds allocated in subdivision (1) of Section 23-1-431 and the selection and authorization of projects to be funded from the revenue proceeds or loan or debt proceeds, including a procedure that any project selected and authorized to be funded from the revenue proceeds or loan or debt proceeds shall be subject to subsection (d) of Section 23-1-433. The procedures shall ensure that the initial allocation of two million five hundred thousand dollars ($2,500,000) per county commission shall be utilized to replace county bridges, to the extent any exists, which meet all of the following criteria: (1) Are posted for traffic below the maximum legal weight limit; (2) have a sufficiency rating of 50 or less on the then current ALDOT bridge inventory; and (3) have an average daily traffic count of 200 or more vehicles. In addition, the policies for the awarding projects above and beyond the two million five hundred thousand dollars ($2,500,000) per county commission shall also be developed with an emphasis on the impact posted bridges have on the school bus detours and the economic growth and stability of this state. If the revenue proceeds allocated in subdivision (1) of Section 23-1-431 are pledged to secure loan or debt commitments within the amounts allowed, the procedures developed and adopted for the selection and authorization of projects to be funded with the loan or debt proceeds shall include provisions to ensure that each county commission of the state shall have projects authorized totaling at least two million five hundred thousand dollars ($2,500,000). After the ATRIP Committee develops and adopts procedures for the pledge of any revenue proceeds and the selection and authorization of projects to be funded from the revenue proceeds or loan or debt proceeds, a copy of the procedures shall be distributed to each of the 67 counties of the state and shall be posted on the Department of Transportation website.
Ala. Code § 23-1-175 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-175
Section 23-1-175 Powers
Status: in_force

The corporation shall have the following powers:

(1) To have succession by its corporate name without time limit;

(2) To maintain actions and have actions maintained against it and to prosecute and defend in any court having jurisdiction of the subject matter and of the parties;

(3) To have and to use a corporate seal and to alter the same at pleasure;

(4) To construct, reconstruct and relocate, or to cause to be constructed, reconstructed and relocated, public roads and bridges, including work incidental or related thereto in the State of Alabama;

(5) To receive, take and hold by sale, gift, lease, devise or otherwise real and personal estate of every description and to manage the same;

(6) To acquire by purchase, gift or the exercise of the power of eminent domain or any other lawful means and to convey, or cause to be conveyed, to the State of Alabama any real, personal or mixed property necessary or convenient in connection with the construction of public roads and bridges and approaches thereto in the State of Alabama or the reconstruction or relocation of public roads and bridges in said state;

(7) To exercise the right of eminent domain as freely and completely as, and in the same manner that, the State of Alabama is empowered to exercise such right;

(8) To borrow money and issue its bonds in evidence thereof subject to the provisions of Section 23-1-177;

(9) As security for payment of the principal of and the interest on its bonds, to pledge the proceeds of the appropriations and pledges provided for in this article;

(10) To appoint and employ such attorneys as the business of the corporation may require;

(11) To receive from the several counties of the State of Alabama interest-bearing warrants of such counties secured by a pledge of the proceeds of gasoline tax appropriated from time to time to the counties by the state, or any part or percentage thereof, or any other fund or security in payment of, or to secure the payment of the county’s portion of the cost of any roads or bridges built in such county and to sell such county warrants, or borrow money on the security thereof; provided, that any funds received from the sale of the warrants of any county or the proceeds of any loan made on the security of the warrants of any county shall be expended in such county;

(12) To enter into contracts with counties, the State Department of Transportation of Alabama or other agency performing any of the functions thereof, road district authorities, persons, firms or corporations, federal Emergency Administrator of Public Works and any other branch of the federal government in furtherance of its public purposes and objects either relative to the work done or to be done; and

(13) To turn over to the State Department of Transportation any and all funds of the corporation as from time to time may be necessary or proper for the most economical construction of such roads and to comply with all federal or other legislation relating to federal aid roads or other federal moneys.
Ala. Code § 23-7-22 — Alabama Code / Title 23 / Chapter 7 / Section 23-7-22
Section 23-7-22 Purchase of Outstanding Bonds
Status: in_force

The bank, subject to agreements with bondholders as may then exist, may purchase outstanding bonds of the bank with any available funds, at any reasonable price. If the bonds are then redeemable, the price shall not exceed the redemption price then applicable plus accrued interest to the next interest payment date.
Ala. Code § 23-2-150 — Alabama Code / Title 23 / Chapter 2 / Section 23-2-150
Section 23-2-150 Authority to Collect Tolls, Revenues, Etc.; to Lease to Utilities; Toll Rates Adjusted to Conform to Trust Agreement
Status: in_force

The authority is hereby authorized to fix, revise, charge, and collect tolls for the use of each toll road, bridge or tunnel project and the different parts or sections thereof, and to contract with, or to lease to or from, any person, partnership, association or corporation desiring the use of any part thereof, including the right-of-way adjoining the paved portion of approaches and access highways, streets or roads for placing thereon telephone, telegraph, electric light or power lines or pipe lines for gas and water or for petroleum products or for any other purpose except for tracks for railroad or railway use and to fix the terms, conditions, rents, and rates of charges for such use. Tolls shall be so fixed and adjusted as to carry out and perform the terms and provisions of any contract with or for the benefit of bondholders. Tolls shall not be subject to supervision or regulation by any other commission, board, bureau or agency of the state. The use and disposition of tolls and revenues shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement securing the bond issue.
Ala. Code § 23-1-371.1 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-371.1
Section 23-1-371.1 Advanced Air Mobility
Status: in_force

(a) For the purposes of this section, the following terms have the following meanings:

(1) POWERED-LIFT AIRCRAFT. A heavier-than-air aircraft capable of vertical takeoff, vertical landing, and low speed flight that depends principally on engine drive lift devices or engine thrust for lift.

(2) VERTIPORT. An area of land or water, or a structure, used or intended to be used for the takeoff or landing of powered-lift aircraft.

(b) The Department of Transportation shall do all of the following:

(1) Develop a statewide plan to include vertiports, electric aviation charging, and the infrastructure needs of other advances in aviation technology. No existing state revenues accruing to the department in the Public Road and Bridge Fund, the Rebuild Alabama Fund, or other state revenues used for the purpose of matching federal funds shall be used for the purpose of developing or updating this statewide plan.

(2) Designate a liaison for advanced air mobility within the department as a resource for local and regional jurisdictions navigating advances in aviation technology.

(3) Coordinate with experts in the public and private sector to provide local and regional jurisdictions with educational and technical resources to support uniform planning and zoning language across the state regarding powered-lift aircraft, electric aviation, and other advances in aviation technology. No existing state revenues accruing to the department in the Public Road and Bridge Fund, the Rebuild Alabama Fund, or other state revenues used for the purpose of matching federal funds shall be used for the purpose of providing local or regional jurisdictions with educational or technical resources to support uniform planning or zoning language across the state.

(c)(1) Except as otherwise provided by law, a political subdivision of this state, other than an airport operator, shall not enact any law, ordinance, regulation, or rule relating to advanced air mobility.

(2) An airport operator may only enact a law, rule, regulation, or ordinance relating to advanced air mobility that applies within the geographical boundaries over which the airport operator has authority.
Ala. Code § 23-1-66 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-66
Section 23-1-66 Disposal of Surplus Personal Property - Sale Procedures
Status: in_force

(a) This section shall apply only to the property which has been held by the State Department of Transportation for a period of not less than 60 days from the date the property is first published in the list of surplus personal property, as set out in subsection (b) of Section 23-1-65 and not purchased by any agency as set out in subsection (c) of Section 23-1-64.

(b) All contracts made by, or on behalf of, the State Department of Transportation for the sale or disposal of tangible personal property owned by the State Department of Transportation, other than types of property, the disposal of which is otherwise provided for by law, or which, by nature, are incapable of sale by auction or bid, shall be let by free and open competitive public auction or sealed bids.

(c) Every proposal to make a sale covered by this section shall be advertised for at least two weeks in advance of the date fixed for receiving bids. The advertisement shall appear at least once a week for two consecutive weeks in a newspaper of general circulation in the county where the sale shall be consumated, and a copy of the proposal shall simultaneously be posted on a readily accessible public bulletin board at the main office of the State Department of Transportation. Advertisements for bids shall state the item or items to be sold, by class and description, where the property is located and the dates, time, and place the property may be inspected. The advertisements shall further state the date, time, and place of auction or opening of sealed bids, and no bid shall be received at any time after the time advertised. The bids shall be publicly taken or opened, in case of sealed bids, by the State Department of Transportation and all bidders shall be entitled to be present in person or by representative. The award of the contract shall be made to the successful bidder within 72 hours after taking of the bids. The bid of the successful bidder so marked, as well as the bids of the unsuccessful bidders, in the case of sealed bids, shall be placed on file open to public inspection and shall become matters of public record. If a successful bidder shall fail to accept award of a contract, then he or she shall be prohibited from bidding at any sale held by the State Department of Transportation for a period of 12 months following the failure to accept.

(d) The State Department of Transportation may sell all items by lot or by individual item, whichever method, in the opinion of the Director of Transportation, would bring the highest return for the items so advertised. In the event all bids received are less than the estimated market value of the property, the State Department of Transportation shall reject all bids and readvertise and rebid.

(e) Nothing in this section or Sections 23-1-64 and 23-1-65 shall be construed to prevent the State Department of Transportation from contracting with the highest bidder for any type of property to sell to that bidder all of that type of property at his or her bid price during the same fiscal year if such an arrangement was included in the initial request for bids.

(f) All property advertised under this section shall be available for inspection at a location designated in the advertisement during the normal state office hours for at least 48 hours prior to the sale.

(g) All property sold under this section shall be paid for by the purchaser or his or her representative by cashier’s check, bank draft, certified check, United States currency, or notarized bank letter stating that the holder may purchase surplus personal property and also stating a maximum amount, at the time of acceptance of bid and award of contract, and the removal shall be not later than seven days after the awarding of the contract, except that the time limit of seven days shall not be applicable to sales of standing timber.

(h) All proceeds from sales made under this section shall be paid into the State Treasury to the credit of the State Department of Transportation.

(i) No officer or employee of the State of Alabama or any of its departments, boards, bureaus, commissions, institutions, corporations, or agencies shall act as agent for any bidder. Notwithstanding the foregoing, the officers or employees shall not be excluded from bidding on or purchasing state property at public sale or sealed bid.
Ala. Code § 23-2-170 — Alabama Code / Title 23 / Chapter 2 / Section 23-2-170
Section 23-2-170 Civil Liability for Toll Violations
Status: in_force

(a) The authority, department, private toll entity, or an agent or representative thereof may file a civil suit in the municipal court of the city in which the violation has occurred or district court of the county in which the violation occurred to collect the toll and all applicable fees after a citation has been issued and the required time period for response has elapsed, without the payment of filing fees. The action shall be governed by the Alabama Rules of Civil Procedure except as otherwise set out in this article.

(b) Actions brought pursuant to this article shall be commenced within six years.

(c) Imposition of liability pursuant to this section shall be based upon a preponderance of evidence submitted.

(d) Adjudication of liability shall not be made a part of the driving record of the person upon whom liability is imposed, nor shall it be considered in any manner for insurance purposes in the provision of motor vehicle insurance coverage.
Ala. Code § 23-1-160 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-160
Section 23-1-160 Dissolution
Status: in_force

At any time when no securities of any kind of the corporation, whether issued under this article or under authorization contained in any other statutes, are outstanding, the corporation may be dissolved upon the filing with the Secretary of State of an application for dissolution, which shall be subscribed by each of the members of the corporation and which shall be sworn to by each such member before an officer authorized to take acknowledgments to deeds. Upon the filing of said application for dissolution, the corporation shall cease and any property owned by it at the time of its dissolution shall pass to the State of Alabama. The Secretary of State shall file and record the application for dissolution, in an appropriate book of record in his office, and shall make and issue, under the Great Seal of the State, a certificate that the corporation is dissolved and shall record the said certificate with the application for dissolution.
Ala. Code § 23-1-434 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-434
Section 23-1-434 (This Section Terminates April 26, 2018, If No Revenue Is Created.) Use of Funds by Municipality; Municipal Transportation Safety Fund Plan; Annual Report
Status: in_force

(a) The monies distributed to a municipality from the fund shall be deposited in a separate fund maintained by the municipality and expended only for one or more of the following:

(1) The maintenance, improvement, replacement, and construction of roads and bridges within a municipality’s jurisdictional limits.

(2) As matching funds for federal road or bridge projects.

(3) The payment of any debt associated with a road or bridge project.

(4) With the consent of the county, for the maintenance, improvement, or replacement of county-maintained roads and bridges within the municipality’s jurisdictional limits.

(5) For a joint road or bridge project with the county pursuant to any agreement executed under the authority of state law.

(b) The municipality shall not use monies from the fund for any of the following purposes except in accordance with generally accepted accounting principles for job cost accounting or federal cost allocation regulations:

(1) Salaries, benefits, or any other form of compensation for municipal or contract employees or municipal officials.

(2) The purchase, lease, or maintenance of equipment.

(3) The maintenance or construction of public buildings or other structures that are not roads or bridges.

(c) All monies allocated from the fund shall be audited by the Department of Examiners of Public Accounts in the same manner as all other municipal funds.

(d) Any municipal project utilizing monies from the fund for road or bridge maintenance, improvement, replacement, or construction on roads or bridges shall be designed in a manner consistent with the standards adopted by the department.

(e) At the first meeting in October of each year following the creation of the fund, the municipal governing body receiving funds shall adopt an annual Municipal Transportation Safety Fund Plan for the current fiscal year, which plan shall be approved by affirmative vote of a majority of the members of the municipal governing body. The plan shall include only projects authorized in subsection (a). The plan shall be based upon an estimate of the revenues anticipated from the fund during the fiscal year. The municipal governing body shall consider the needs of each district in the municipality in establishing its annual plan and the annual plan shall not be altered once adopted at the first meeting in October. Once adopted, the annual plan shall at all times be posted in conspicuous places at the municipal hall, the mayor’s office, the municipal highway department, and any other places deemed appropriate by the municipal governing body. Additionally, the plan shall be posted on the municipality’s website, if available.

(f) At the first meeting in January of each year following the creation of the fund, the city engineer or other person designated by the municipal governing body shall present the municipal governing body with an annual written report detailing expenditures made from the fund during the previous fiscal year, which report shall include the status of each project included in the previous fiscal year’s Alabama Transportation Safety Fund Plan. The report shall be entered into the minutes of the municipal governing body meeting and shall be made available to the public for inspection, including posting on the municipality’s website, if available.
Ala. Code § 23-1-367 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-367
Section 23-1-367 Enforcement of Aeronautics Law; Enforcement Powers Generally
Status: in_force

It shall be the duty of the director, and every state, county, and municipal officer charged with the enforcement of state and municipal laws to enforce and assist in the enforcement of this article and of all rules and regulations issued pursuant thereto and of all other laws of this state relating to aeronautics. The director may, in the name of the state, enforce the provisions of this article and the rules and regulations issued pursuant thereto by injunction in the courts of the state. The director may use the facilities and services of other agencies of the state to the utmost extent possible, and agencies are authorized and directed to make available the facilities and services.
Ala. Code § 23-1-176 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-176
Section 23-1-176 Contracts; Conveyance of Property to State
Status: in_force

All contracts of the corporation for the construction, reconstruction and relocation of roads and bridges, and work incidental or related thereto and the acquisition of property necessary therefor, shall be in writing, shall be subject to the rules and regulations and shall be let under the supervision of the State Department of Transportation and shall be subject to approval by the Governor and by the State Department of Transportation. All work provided for in any such contract shall be supervised by the State Department of Transportation. All persons engaged in the supervision or performance of any such work of construction, reconstruction or relocation that may be done by the corporation without the award of a contract therefor shall be employees of the State Department of Transportation. Any property acquired by the corporation by purchase, condemnation or otherwise shall be forthwith conveyed to the State of Alabama. All roads and bridges constructed by the corporation shall constitute part of the public highway system in the state.
Ala. Code § 23-1-104 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-104
Section 23-1-104 Furnishing of Counties with Lists of Persons Employed by State Department of Transportation Therein; Employment by Counties of Persons on Lists; Employment Status of Other Persons Employed by Department in Counties; Liability for Accumulated Obligations Due and Payable to Present Employees of Department; Payment by Department of Accumulated Sick Leave of Transferred Employee
Status: in_force

The State Department of Transportation shall furnish a list to each captive county with the name, position, rate of pay, and length of service of all persons who are presently employed by the State Department of Transportation in the respective captive county. The respective counties may employ personnel not to exceed 75 percent of the employees on the list furnished by the State Department of Transportation for the construction, repair, and maintenance of county roads and bridges in accordance with personnel policy as adopted by the respective counties. The remaining employees now employed by the State Department of Transportation in each said county shall remain an employee of the State Department of Transportation subject to the regular employment practices of said department. All persons employed by each respective county shall be paid at the same rate of pay as was paid by the State Department of Transportation. All present and accumulated obligations due and payable to the present employees as a result of their employment with the State Department of Transportation shall be the obligation of the State of Alabama, including, but not limited to, accumulated sick leave, vacation time, and retirement and any other accumulated benefits earned by the said employees. Payment shall be made to the employees on or before the effective date of this article. Provided, however, that the State Department of Transportation shall pay to the respective county governing body an amount equal to 100 percent of the value of the accumulated sick leave for the account of each employee who transfers to the captive county. Such funds shall be held in trust for the employee and shall be used to pay such employee for approved sick leave. In lieu of the funds being held in trust for future approved sick leave, the employee may elect to accept an amount equal to 50 percent of the value of the then accumulated sick leave in full settlement and payment of his accrued sick leave account. Approved sick leave shall be that leave so designated by any county merit system to which the employee may transfer, or such leave as approved by the county governing body, or the county engineer at the direction of the county governing body.
Ala. Code § 23-1-317 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-317
Section 23-1-317 Expenditure of Proceeds; Contracts; Rules and Regulations; Conveyance of Property
Status: in_force

(a) If such action shall be necessary in order to comply with any federal legislation relating to federal aid in construction of roads and highways, the authority may authorize the State Department of Transportation to expend directly any portion of proceeds from obligations issued under this article for constructing, reconstructing and relocating federal aid projects or work incidental or related thereto.

(b) All contracts of the authority for the construction, reconstruction and relocation of federal aid projects, and work incidental or related thereto and the acquisition of property necessary therefor, shall be in writing, shall be subject to the rules and regulations and shall be let under the supervision of the State Department of Transportation and shall be subject to approval by the Governor and by the State Department of Transportation. All work provided for in any such contract shall be supervised by the State Department of Transportation.

(c) All persons engaged in the supervision or performance of any such work of construction, reconstruction or relocation that may be done by the authority without the award of a contract therefor shall be employees of the State Department of Transportation.

(d) The authority shall make and enforce all reasonable rules and regulations not inconsistent with the terms of this article or the laws of the State of Alabama as may, in its opinion, be proper and suitable for the protection of said federal aid projects and approaches and appurtenances thereto and for the safety of the traveling public; provided, however, that the above provisions shall apply only to the extent that they are not in conflict with any federal legislation, regulation or requirement relating to federal aid in federal aid projects construction.

(e) Any property acquired by the authority by purchase, condemnation or otherwise shall be forthwith conveyed to the State of Alabama.

(f) All federal aid projects constructed by the corporation shall constitute part of the public highway system in the state.
Ala. Code § 23-1-220 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-220
Section 23-1-220 Short Title
Status: in_force

This division may be cited as the “Highway Beautification Act - Scenic Enhancement.”
Ala. Code § 23-1-38 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-38
Section 23-1-38 Paying Expenses of Nonemployees Prohibited
Status: in_force

Any officer or employee of the State Department of Transportation who pays or authorizes to be paid the expense account of any person not employed by the State Department of Transportation shall be guilty of a misdemeanor.
Ala. Code § 23-7-24 — Alabama Code / Title 23 / Chapter 7 / Section 23-7-24
Section 23-7-24 Validity of Signatures on Bonds
Status: in_force

If any of the members or officers of the bank cease to be members before the delivery of any bonds signed by them, their signatures or authorized facsimile signatures are nevertheless valid and sufficient for all purposes as if they had remained in office until the delivery of the bonds.
Ala. Code § 23-8-3 — Alabama Code / Title 23 / Chapter 8 / Section 23-8-3
Section 23-8-3 Definitions
Status: in_force

Definitions. When used in this chapter, the following words and phrases shall have the following respective meanings unless the context clearly indicates otherwise:

(1) ALDOT. The Alabama State Department of Transportation provided for in Section 23-1-20.

(2) ATRIP-II COMMITTEE. The Alabama Transportation Rehabilitation and Improvement Program Committee-II established pursuant to this chapter.

(3) ATRIP-II PROJECTS. Those road and bridge rehabilitation and improvement projects submitted to and received by the ATRIP-II Committee for funding in accordance with this chapter.

(4) COSTS. As applied to any road and bridge project, all costs of construction or acquisition of any part thereof, including, but without limitation to, the costs of supervising, inspecting, and constructing any such project and all costs and expenses incidental thereto, the costs of locating, surveying and mapping, development of engineering plans and specifications, resurfacing, restoration and rehabilitation, acquisition of rights-of-way, utility relocation, and improvements which directly facilitate and control traffic flow, including grade separation of intersections, widening of lanes, channelization of traffic, and traffic-control systems.

(5) LEGISLATURE. The Legislature of Alabama.

(6) SPECIAL TAXES. a. The excise taxes levied under subdivisions (1), (2), and (3) of subsection (a) of Section 40-17-325, with the exception of those portions of those taxes levied on aviation fuel and marine gasoline; and

b. The additional annual registration fees imposed pursuant to Section 40-12-274.

(7) STATE. The State of Alabama.
Ala. Code § 23-5-8 — Alabama Code / Title 23 / Chapter 5 / Section 23-5-8
Section 23-5-8 Trash, Litter, Etc., Upon Public Thoroughfare - Enforcement
Status: in_force

The Alabama Highway Patrol and the law enforcement officers of the counties, cities and towns of this state are charged with the duty of enforcing the provisions of Section 13A-7-29 and Sections 23-5-6 through 23-5-9.
Ala. Code § 23-1-64 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-64
Section 23-1-64 Disposal of Surplus Personal Property - Department to Be Responsible for Disposal; Sale at Fair Market Value and Payment; Preferences; Notification by Municipalities and Counties
Status: in_force

(a) Notwithstanding the provisions of Sections 41-16-120 to 41-16-125, inclusive, the State Department of Transportation shall be responsible for the distribution, transfer, or disposal of all surplus personal property owned by the department.

(b) The State Department of Transportation may promulgate the administrative rules and regulations as deemed necessary to carry out this section and Sections 23-1-65 and 23-1-66, including, but not limited to, rules and regulations relating to all of the following:

(1) Promotion of surplus personal property.

(2) Shipment of surplus personal property.

(3) Storage of surplus personal property.

(4) Length of retention of surplus personal property.

(5) Public auction of surplus personal property.

(6) Other rules and regulations as may be necessary.

(c) The State Department of Transportation may sell surplus personal property at fair market value, as established by the State Department of Transportation, and set out its published rules to incorporated cities, counties, volunteer fire departments, boards of education, civil defense agencies, and state departments, boards, bureaus, commissions, or agencies. Payment for purchases by any of the aforementioned entities shall be made within 30 days after the purchase. If payment is not made within 30 days after a purchase, then the purchase shall be declared void and in default, and the property shall be returned immediately by the defaulting purchaser to the State Department of Transportation.

(d) Notwithstanding the foregoing, the governing body of any municipality or county shall be given preference on the disposal of all surplus motor vehicles owned by the State Department of Transportation except those motor vehicles sold to other state agencies.

(e) Municipalities and counties shall notify the State Department of Transportation, in writing, of the type motor vehicle needed. A list shall be maintained by the State Department of Transportation of the needs on a first-come, first-served basis and shall be used to notify the municipalities or counties when needed vehicles become available. Any municipality or county so notified shall have seven work days in which to reply to the notice and accept or refuse the available vehicle.
Ala. Code § 23-2-159 — Alabama Code / Title 23 / Chapter 2 / Section 23-2-159
Section 23-2-159 Conflict of Interest; Penalty
Status: in_force

Any member, agent or employee of the authority who is interested, gainfully or pecuniarily, either directly or indirectly, in any contract of the authority, or in the sale of any property, either real or personal, to or by the authority shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than one year, or both.
Ala. Code § 23-1-294 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-294
Section 23-1-294 Advisory Council
Status: in_force

(a) The Advisory Council shall consist of a member of the Alabama House of Representatives appointed by the Speaker of the House, a member of the Alabama Senate appointed by the Lieutenant Governor, one member appointed by each member of the Designating Committee, three persons appointed from the state at-large by the Governor, and one representative appointed by the Governor from each of the following groups or organizations:

(1) Scenic Alabama.

(2) Alabama Environmental Council.

(3) The outdoor advertising industry.

(4) The Alabama Wildlife Federation.

(5) A business, industry, or trade association or professional organization having its principal programs extending generally throughout the state, and having a demonstrated concern for balancing economic growth with protection for the environment and increased recreational opportunities.

(6) Public utilities.

(7) Tourism associations.

(8) Real estate associations.

(9) Regional planning commissions.

(10) A statewide historic preservation organization.

(11) Forestry interests.

(12) Agricultural interests.

In making these appointments, the Governor shall ensure equitable geographic representation.

(b) Additionally, a member shall be appointed from each of the following departments or organizations:

(1) The United States Department of the Interior, designated by the Secretary of the Interior.

(2) The Alabama League of Municipalities, designated by the president of the league.

(3) The Alabama Association of County Commissions, designated by the president of the association.

(4) The Black Heritage Council designated by the chair of the council.

(5) The Alabama Association of Resource Conservation and Development Councils designated by the chair of the association.

(c) The Advisory Council shall report to the Governor and the Legislature on the progress of the implementation of this article within one year of August 1, 2000, and by January 1 of each year thereafter.

(d) The duties and responsibilities of the Advisory Council shall include the following:

(1) Providing, in the first report, a scenic byways program implementation plan identifying essential components for the Alabama Scenic Byways system, and recommending any actions by the Legislature which may be necessary to implement a cohesive and coordinated scenic byways program that would serve the goals of preserving and protecting scenic, historic, natural, recreational, cultural, and archaeological resources, enhancing recreation, and promoting economic development through tourism and education in the history, culture, and natural beauty of Alabama. An initial inventory of potential scenic byways created for the Department of Transportation and the Alabama Tourism Department may be used in developing the implementation program and considered in the selection of byways.

(2) Developing a process for nominations for scenic byway and nomination criteria.

(3) Advising and consulting with municipalities regarding the process of recommending municipal roads for inclusion in the scenic byways program.

(4) Encouraging towns and municipalities to designate scenic byways within their jurisdictions and to petition the Designating Committee for the inclusion of these byways into the Alabama Scenic Byways program. Such inclusion may enable the municipality to participate in any federal, state, or other funding that may be available.

(5) Encouraging and assisting in fostering public awareness, understanding, and participation in the objectives and functions of the scenic byways program.

(6) Providing municipalities with tools and ideas for the enhancement and protection of designated scenic byways.

(7) Recommending operation and management standards for highways designated as scenic byways, including strategies for maintaining or improving the qualities for which a highway is designated as a scenic byway, and for protecting and enhancing the landscape and view corridors within the public rights-of-way surrounding such a highway, provided that such standards shall have no impact on the facilities or equipment used in the generation, transmission, or distribution of electric power, telecommunications, commercial mobile radio services, broadband services, or existing wireless facilities. However, all new wireless services structures, unless used primarily for educational purposes, shall be reviewed under the terms of this article and shall consider the communication needs of the community and shall not be in conflict with any local, state, and federal laws and regulations.

(8) Recommending standards for scenic byway-related signs, including those which identify highways as scenic byways.

(9) Recommending standards for maintaining highway safety on the scenic byway system.

(10) Recommending measures to safely accommodate the largest variety of scenic byway users, including, but not limited to, persons traveling by automobile, recreational vehicle, motor coach, bicycle, horse, watercraft, or by foot.

(11) Recommending design review procedures for location of highway facilities, landscaping, and travelers facilities on the scenic byway system.

(12) Removing the designation of a highway as a scenic byway if the highway is determined to no longer meet the criteria under which it was designated or has not adequately adhered to its submitted corridor management plan.

(13) Advising on such other matters as may be necessary or desirable to further the purposes of this program.

(14) Evaluating and recommending to the Designating Committee and the Legislature amendments of the statutes and regulations relevant to the furtherance of a cohesive system of scenic byways.

(15) Making recommendations with respect to state regulatory policy consistent with the Alabama Scenic Byways program.

(16) Establishing procedures, standards, guidelines, and plans consistent with federal, state, and local authority and recommend designations accordingly. Until all rules, procedures, guidelines, and standards are established, the federal rules for establishing a corridor management plan shall be utilized.

(17) Recommending for designations and removal of designations as scenic byways in Alabama based on criteria which include, but shall not be limited to, the following:

a. Significant possession of at least one of the following intrinsic qualities: Scenic, historic, natural, recreational, cultural, or archaeological.

b. Demonstration in scenic byway nominations of local, private, and public support.

c. Presence and implementation of a corridor management plan. A corridor management plan is a written document that specifies the actions, procedures, controls, operational practice, and administrative strategies necessary to maintain the scenic, historic, cultural, recreational, archaeological, and natural qualities of the scenic byway.

d. Conducting a public hearing in the area of the proposed designation before a scenic byway is so designated.

(18) Outdoor advertising shall be addressed pursuant to the following criteria:

a. Corridor management plans for individual byways shall include provisions for the regulation of outdoor advertising to conform with applicable federal, state, and local laws, including, but not limited to, 23 U.S.C. Section 131(s).

b. Corridor management plans shall also include provisions for removal of dilapidated and nonfunctional signage within six months.

c. Removal of any antiquated and nonapplicable signs on roads and highways throughout the state within six months.

Notwithstanding the foregoing, nothing in this article shall impede or prohibit the Alabama Department of Transportation from constructing, repairing, or maintaining any highway, road, or bridge or any other matter which falls within the jurisdiction of the Alabama Department of Transportation.
Ala. Code § 23-1-58 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-58
Section 23-1-58 Interest of Employees, Etc., in Construction, Etc., of Roads and Bridges Prohibited
Status: in_force

Neither the director nor any other person in the employ of the Department of Transportation shall be, either directly or indirectly, interested in any contract or agreement for the construction or maintenance of any road or bridge in this state or in the sale of any machinery, material, or anything whatever entering into the construction, repair, or maintenance of the roads and bridges of this state.
Ala. Code § 23-1-351 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-351
Section 23-1-351 Transfer of Property, Funds, Authority, and Jurisdiction to the State Department of Transportation
Status: in_force

All matters of any nature whatsoever which have heretofore come under the authority, jurisdiction, or purview of, or have been administered, overseen, or executed by the Alabama Department of Aeronautics or the Alabama Aeronautics Commission, as well as all physical properties and funds allocated to or in the possession of the Alabama Department of Aeronautics or the Alabama Aeronautics Commission, are hereby transferred to the Alabama Department of Transportation. All real and personal properties and funds transferred pursuant to this article shall be used solely and exclusively for the purpose of executing the operations, functions, programs, and responsibilities of aeronautics as provided for in this article and for the general promotion of aeronautics in this state.
Ala. Code § 23-1-375 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-375
Section 23-1-375 Operation of Airport, Landing Field, Without License Prohibited; Application for Certificate of Approval of Proposed Airport or Landing Field; Limitation of Operations Conducted on Licensed Airport
Status: in_force

(a) Except as otherwise provided in this article, a person or a municipality, officer, or employee of a municipality may not operate an airport, restricted landing area, or other air navigation facility without a license issued by the department. All proposed airports, restricted landing areas, and other air navigation facilities shall be licensed by the department prior to use and operation. Any municipality, county, airport authority, or person acquiring property for the purpose of constructing or establishing an airport or restricted landing area shall, prior to acquisition, apply to the department for a certificate of approval of the site selected and the general purpose or purposes for which the property is to be acquired, to insure that the property and its use conform to minimum standards of safety and serve the public interest. The operations conducted on a licensed airport may be limited by the department to an extent consistent with the public interest, health, safety and welfare, and any other factors deemed relevant by the director.

(b) Airport licenses issued in accordance with this article shall be prominently displayed in the principal administrative office, hangar, or other building at the airport at all times.
Ala. Code § 23-2-141 — Alabama Code / Title 23 / Chapter 2 / Section 23-2-141
Section 23-2-141 Intent and Purpose of Article
Status: in_force

The purpose of this article is to facilitate vehicular traffic and safety in the state by providing for the construction of modern toll roads, bridges and tunnels in strategic and essential locations, without taxes and without a pledge of the faith and credit of the state.
Ala. Code § 23-1-179 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-179
Section 23-1-179 Bonds - Payments by State Treasurer
Status: in_force

Out of the revenues appropriated and pledged for such purpose, the State Treasurer is authorized and directed to pay the principal of and interest on the bonds issued by the corporation under the provisions of this article, as such principal and interest shall respectively mature, and he is further authorized and directed to set up and maintain appropriate records pertaining thereto.
Ala. Code § 23-1-311 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-311
Section 23-1-311 Bonds and Notes - Source of Funds; Pledge of Funds for Payment of Principal and Interest Thereon; Negotiability
Status: in_force

(a) The obligations authorized by this article shall not be general obligations of the authority, but shall be payable solely out of the funds appropriated and pledged in or permitted to be pledged pursuant to Sections 23-1-314 and 23-1-315.

(b) As security for the payment of the principal of and interest on the obligations issued by it under this article, the authority is hereby authorized and empowered to pledge for payment of the principal and interest the funds that are appropriated and pledged in or permitted to be pledged pursuant to Sections 23-1-314 and 23-1-315 for payment of principal and interest, and to pledge all of such funds or only certain of such funds for payment of principal and interest, all within the discretion of the authority.

(c) Any notes or temporary bonds issued under this article shall also be payable from the proceeds of any bonds in the anticipation of which such notes or temporary bonds are issued.

(d) All contracts made and all obligations issued by the authority pursuant to the provisions of this article shall be solely and exclusively the obligation of the authority and shall not be an obligation or debt of the state.

(e) Any obligation issued under this article, except bonds or temporary bonds registered as to principal or as to both principal and interest, and any interest coupons applicable thereto, shall be construed to be negotiable instruments although payable solely from a specified source as provided in this article.
Ala. Code § 23-1-51 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-51
Section 23-1-51 Purchase of Motor Fuels, Oils, Greases, and Lubricants
Status: in_force

(a) All motor fuels, oils, greases, and lubricants bought by or for the State Department of Transportation for use in each county in which the construction, maintenance, and repair of the county roads and bridges have been transferred to the State Department of Transportation shall be purchased from vendors and suppliers residing in the county where such motor fuels, oils, greases, and lubricants are to be used. All such purchases shall be made on the basis of competitive bids, and contracts and purchase orders shall be awarded to the lowest responsible bidder as provided by law.

(b) The Division of Purchases and Stores of the state Finance Department, with the approval of the State Department of Transportation, shall make rules and regulations relating to the manner of advertising for bids, receiving bids, and executing contracts for such items as are enumerated in subsection (a) of this section.

(c) Any contract entered into or any purchase order issued prior to August 26, 1965, shall remain in full force and effect until the terms thereof have been complied with.
Ala. Code § 23-1-221 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-221
Section 23-1-221 Purpose of Division
Status: in_force

The purpose of this division is to promote the safety, convenience, and enjoyment of travel on, and protection of, the public investment in highways of this state and for the restoration, preservation, and enhancement of scenic beauty within and adjacent to the state and federal-aid highways.
Ala. Code § 23-1-307 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-307
Section 23-1-307 Bonds and Notes - Authorization for Issuance
Status: in_force

The authority shall have the power and is hereby authorized and empowered to sell and issue its bonds in order to provide as soon as practicable the federal share of the cost of constructing federal aid projects in anticipation of the receipt by the state of such federal portions as they become available either during, upon or after completion of such construction. The authority shall have the power, in addition to any other powers granted in this article, to borrow money for temporary use for any of the purposes for which it is authorized by this article to issue bonds and, in evidence of such borrowing, to issue from time to time temporary bonds or notes. Any such temporary borrowing may be made in anticipation of the sale and issuance of bonds and in such event the principal proceeds from the sale of such bonds shall, to the extent necessary, be used for payment of the principal of and interest on the temporary bonds or notes issued in anticipation of the sale and issuance of such bonds. Subject to the provisions and limitations contained in this article, the authority may, from time to time, sell and issue refunding bonds for the purpose of refunding any matured or unmatured obligations of the authority issued under this article and then outstanding.
Ala. Code § 23-6-8 — Alabama Code / Title 23 / Chapter 6 / Section 23-6-8
Section 23-6-8 Bonds of Corporation; Annual Appropriation from State Public Road and Bridge Fund
Status: in_force

(a) The bonds of the corporation shall be signed by its president and attested by its secretary and the seal of the corporation shall be affixed thereto or a facsimile thereof printed or otherwise reproduced thereon. The signatures of both the president and the secretary on any bonds may be facsimile signatures if the board of directors, in its proceedings with respect to issuance of the bonds, provides for manual authentication thereof, or manual execution of certificates of registration thereon, by a trustee, registrar, or paying agent or by named individuals who are employees of the state assigned to the Finance Department or the State Treasurer’s office. Any bonds of the corporation may be executed and delivered by it at any time and shall be in the form and denominations and of the tenor and maturities, shall bear the rate or rates of interest payable and evidenced in such manner, may contain provisions for redemption prior to maturity for refunding at or before maturity with refunding bonds of the corporation or of another governmental entity or public corporation of the state and for defeasance of any unmatured refunded bonds through the use of refunding bonds, and may contain other provisions not inconsistent herewith, all as may be provided by the resolution of the board of directors under which the bonds may be issued. Notwithstanding the foregoing, no bond of the corporation shall have a specified maturity date later than 10 years after its date. Bonds of the corporation may be sold from time to time in one or several series and pursuant to a single bond resolution or separate bond resolutions, all as the board of directors may deem advantageous; provided, however, that the aggregate principal amount of bonds of the corporation at any one time outstanding shall not exceed fifty million dollars ($50,000,000), excluding refunding bonds, which shall not be considered in determining the limit. It is further provided, that no bonds, other than refunding bonds, may be sold or issued by the corporation unless the Governor shall have first determined that the issuance of the bonds proposed to be issued shall be necessary to assure the availability of funds for payment of the cost of industrial access roads and bridges that shall from time to time be constructed.

(b) Obligations of the corporation may be sold at either public or private sale in such a manner and at such a price or prices and at such time or times as may be determined by the board of directors to be most advantageous. Notwithstanding the foregoing, none of the obligations may be sold for a price less than 97 percent of par or face value. Subject to the provisions and limitations contained in this chapter, the corporation may from time to time sell and issue refunding bonds for the purpose of refunding any matured or unmatured bonds of the corporation then outstanding. Approval by the Governor of Alabama of the terms and conditions under which any bonds of the corporation may be issued shall be requisite to their validity. The approval shall be entered on the minutes of the meetings of the board of directors at which the bonds are authorized, and shall be signed by the Governor. The approval by the Governor may be, but is not required to be, shown on any of the bonds by a facsimile of his or her signature printed or otherwise reproduced thereon when authorization thereof is contained in the approval signed by him or her. The corporation may pay out of the proceeds from the sale of its bonds all expenses, including fees of attorneys and other charges, which the board of directors may deem necessary and advantageous in connection with the issuance of the bonds. Bonds issued by the corporation shall not be general obligations of the corporation but shall be payable solely out of the funds appropriated and pledged therefor in Section 23-6-10. As security for the payment of the principal of and interest on any bonds issued by it, the corporation may pledge for payment of the principal and interest the funds that are appropriated and pledged in Section 23-6-10 hereof for payment of the principal and interest. The pledges made by the corporation shall take precedence in the order of the adoption of the resolution containing the pledges. All contracts made and all bonds issued by the corporation pursuant to this chapter shall be solely and exclusively obligations of the corporation and shall not be an obligation or debt of any kind of the State of Alabama. Bonds issued by the corporation shall be construed to have all the qualities and incidents of negotiable instruments subject to the registration provisions pertaining to transfers. All bonds issued by the corporation and the income therefrom shall be exempt from all taxation in the State of Alabama. Any bonds issued by the corporation may be used by the holder thereof as security for any funds belonging to the state or to any instrumentality or agency of the state in any instance where security for the deposits may be required by law. Unless otherwise directed by the court having jurisdiction thereof, or by the document that is the source of authority, a trustee, executor, administrator, guardian, or one acting in any other fiduciary capacity may, in addition to any other investment powers conferred by law and with the exercise of reasonable business prudence, invest trust and other fiduciary funds in bonds of the corporation. Neither a public hearing nor consent by the state Department of Finance or any other department or agency shall be a prerequisite to the issuance of bonds by the corporation.

Notwithstanding subsection (b), the corporation shall issue no new bonds after the series 1995 bonds, dated August 1, 1995. After all of the available bond proceeds have been obligated for industrial access roads and bridges projects, future projects shall be funded from the revenues of the state Public Road and Bridge Fund of the State Department of Transportation. There is appropriated eleven million dollars ($11,000,000) annually for the construction of industrial access roads and bridges in the state from the state Public Road and Bridge Fund. The annual appropriation shall begin with the 1995-96 fiscal year. This appropriation shall be available to obligate for projects of the corporation, upon the approval of the State Department of Transportation and the Governor, but solely for the purpose of constructing, reconstructing, and relocating industrial access roads and bridges and work incidental and related thereto including the acquisition of property necessary therefor. Funds thus appropriated shall remain in the state Public Road and Bridge Fund and shall be paid out of the state Public Road and Bridge Fund by the State Department of Transportation for obligations by the corporation on industrial access roads and bridges projects.
Ala. Code § 23-1-155 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-155
Section 23-1-155 Powers
Status: in_force

The corporation shall have all of the following powers:

(1) To have perpetual succession by its corporate name unless sooner dissolved pursuant to Section 23-1-160.

(2) To maintain actions and have actions maintained against it and to prosecute and defend in any court having jurisdiction of the subject matter and of the parties.

(3) To have and to use a corporate seal and to alter the same at pleasure.

(4) To construct, reconstruct, and relocate, or to cause to be constructed, reconstructed, and relocated, public roads, bridges, and approaches thereto, tunnels, and other public roadway improvements, including work incidental or related thereto, in the State of Alabama.

(5) To acquire by purchase, gift or condemnation or any other lawful means and to convey, or cause to be conveyed, any real, personal, or mixed property or materials necessary or convenient in connection with the construction, reconstruction, or relocation of public roads, bridges and approaches thereto, tunnels and other public roadway improvements in the State of Alabama.

(6) To exercise the right of eminent domain as freely and completely as, and in the same manner that, the State of Alabama is empowered to exercise such right.

(7) To borrow money for its corporate purposes and, in evidence of such borrowing, to sell and issue its bonds and to refund any thereof by the issuance of refunding bonds (any such bonds, including refunding bonds, being collectively referred to in this article as “bonds”).

(8) To receive and accept aid, grants, funds, gifts, donations, contributions, and appropriations from any source, whether governmental or nongovernmental, of either money, revenues, appropriations, real or personal property, labor, or other things of value, and to pledge such amounts as security for payment of the principal of and the interest on bonds of the corporation.

(9) To appoint and employ such officers, attorneys and agents as the business of the corporation may require.

(10) To make and enter into contracts and agreements necessary for, or incidental to, the performance of its duties and the execution of its powers under this article, including contracts and agreements for professional services deemed necessary for such purposes by the corporation. In addition to and in conjunction with other authority to enter into contracts as may be provided by law, the corporation may enter into contracts, agreements, or understandings with, but not limited to, individuals, corporations, partnerships, limited liability companies, or other private parties; public or private partnerships, or both, or other similar joint ventures; or the federal government, any department, agency, governmental or quasi-governmental body, public corporation, instrumentality, or subdivision of the United States, the State of Alabama, or any other state of the United States, or any agency, governmental or quasi-governmental body, instrumentality, or subdivision thereof for the construction, reconstruction, or relocation of any public road, bridge and approaches thereto, tunnel, other public roadway improvements, and work incidental or related thereto in the State of Alabama.

(11) To make and enter into any agreement or agreements with any municipality, county, or public corporation in the state described in subsection (k) of Section 23-1-157.
Ala. Code § 23-1-363 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-363
Section 23-1-363 Authority to Receive Grants, Donations, Loans, Etc., Disposition of Same for General Promotion, Advancement, of Aeronautics
Status: in_force

The department may receive grants, donations, gifts, and loans of funds, monies, equipment, materials, and services from any state, county, or municipal governments or any agencies thereof, or from any other person, and the department shall keep a record of all grants and donations. The department may expend the funds solely and exclusively for the general promotion, advancement, and safety of aeronautics and for the construction, improvement, expansion, or maintenance of public use airports or other air navigation facilities or services in the state, which shall include the joint establishment or provision of aeronautical facilities in cooperation with other state or federal departments or with other political subdivisions of the state, separately or together.
Ala. Code § 23-1-304 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-304
Section 23-1-304 Incorporation - Certificate
Status: in_force

(a) When the application has been made, filed and recorded as provided in Section 23-1-303, the applicants shall constitute a corporation under the name proposed in the application and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article under the Great Seal of the State and shall record the same with the application.

(b) There shall be no fees paid to the Secretary of State for any work in connection with the incorporation or dissolution of the corporation so organized.
Ala. Code § 23-2-142 — Alabama Code / Title 23 / Chapter 2 / Section 23-2-142
Section 23-2-142 Definitions
Status: in_force

As used in this article, the following words and terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) AUTHORITY. The Alabama Toll Road, Bridge, and Tunnel Authority created by this article, or any board, body, or commission succeeding to the principal functions thereof or to which the powers given by this article to the authority shall be given by law.

(2) BONDS or TOLL ROAD, BRIDGE, OR TUNNEL REVENUE BONDS. Bonds of the authority authorized under this article.

(3) CONCESSIONAIRE. A person, firm, corporation, partnership, limited liability company, or other legal entity described in Section 23-2-144(a)(12) which has been awarded a contract to construct or operate, or both, a toll road or bridge by the department or the authority.

(4) COST. As applied to a toll road, bridge, or tunnel project, the cost shall include, but not be limited to, the following:

a. The cost of construction, including bridges over or under existing highways and railroads.

b. The cost of the acquisition of all land, rights-of-way, property, rights, easements, and interests acquired by or on behalf of the authority for construction.

c. The cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which buildings or structures may be moved.

d. The cost of diverting highways, interchange of highways, and access roads to private property, including the cost of land for easements therefor.

e. The cost of all machinery and equipment.

f. The cost of financing charges, including interest prior to and during construction and for one year after completion of construction.

g. The cost of traffic estimates, feasibility studies, engineering studies, design and other related studies and analyses, and legal fees and expenses.

h. Plans, specifications, surveys, and estimates of cost and of revenues.

i. The cost of other expenses necessary or incident to determining the feasibility or practicability of constructing a project.

j. The cost of administrative expenses and other expenses as may be necessary or incident to the construction of a project.

k. The cost of the financing of construction.

l. The cost of placing a project in operation.

m. Any other cost or expenditure necessary or incidental to the construction of a project, the financing of a project, and the placing of a project in operation.

n. Any obligation or expense which may be incurred by the State Department of Transportation for traffic surveys, borings, preparation of plans and specifications, and other engineering services in connection with the planning or construction of a project shall be regarded as a part of the cost of such project and shall be reimbursed to the State Department of Transportation by the authority.

(5) DEPARTMENT. The State Department of Transportation.

(6) PROJECT; TOLL ROAD, BRIDGE, AND TUNNEL PROJECT; or TOLL ROAD, BRIDGE, OR TUNNEL PROJECT. Any type of toll road, bridge, causeway, tunnel, or other transportation facility established and constructed or to be constructed by or on behalf of the authority, in conjunction with the department, under this article. The term includes, but is not limited to, all toll roads, bridges, causeways, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, access roads, toll houses, electronic tolling facilities and equipment, service areas, service stations, service facilities, communication and video and other surveillance facilities, and administration, storage, and other buildings which the authority may deem necessary for the operation of a project. The term also includes, but is not limited to, all property, rights, easements, and interests which may be acquired by the authority for the construction, operation, and maintenance of a project, including a project that is leased to a concessionaire by the authority or the department.
Ala. Code § 23-1-21 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-21
Section 23-1-21 Director of Transportation
Status: in_force

The chief executive officer of the State Department of Transportation shall be known as the Director of Transportation, who shall be appointed by the Governor and shall hold office at the pleasure of the Governor. All the powers, authority, and duties vested in the State Department of Transportation shall be exercised by the Director of Transportation.

Before entering upon the duties of office, the Director of Transportation shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Governor, for the faithful performance of his or her duties.
Ala. Code § 23-4-5 — Alabama Code / Title 23 / Chapter 4 / Section 23-4-5
Section 23-4-5 Appeals
Status: in_force

Any party affected by the vacation of a street, alley, or highway pursuant to this chapter may appeal within 30 days of the decision of the governing body vacating the street to the circuit court of the county in which the lands are situated, and upon such appeal, the proceeding shall be tried de novo, either party having the right to demand trial by jury when and as demand is authorized in civil actions. The appeal shall not suspend the effect of the decision of the governing body unless the appealing party shall give bond, with sureties, in an amount to be determined by the circuit judge. From the judgment of the circuit court, an appeal may be taken within 42 days by either party to the Court of Civil Appeals or the Supreme Court in accordance with the Alabama Rules of Appellate Procedure.
Ala. Code § 23-1-270 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-270
Section 23-1-270 Short Title
Status: in_force

This division shall be known as and may be cited as the “Highway Beautification Act - Outdoor Advertising.”
Ala. Code § 23-6-5 — Alabama Code / Title 23 / Chapter 6 / Section 23-6-5
Section 23-6-5 Certificate of Incorporation; Recording; No Fees to Be Paid to Secretary of State on Incorporation or Dissolution
Status: in_force

When the application has been made, filed and recorded, as herein provided, the applicants shall constitute a public corporation under the name proposed in the application and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this chapter, under the Great Seal of the State, and shall record the same with the application. There shall be no fees paid to the Secretary of State for any work in connection with the incorporation or dissolution of the corporation so organized (which, for convenience, is herein referred to as “the corporation”).
Ala. Code § 23-1-35 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-35
Section 23-1-35 Annual Report to Governor
Status: in_force

On or before April 1 in each year, the State Department of Transportation shall submit a printed report to the Governor, stating as nearly as possible the number of miles of road built or improved and also the culverts and bridges constructed during the preceding fiscal year, showing the cost and general character of same, and the location of material suitable for road construction, showing where such roads, culverts, and bridges have been constructed. The department shall also recommend to the Governor and Legislature such legislation as it deems advisable and furnish any other information concerning road and bridge improvements as may be deemed expedient by the Governor and the Legislature.
Ala. Code § 23-2-152 — Alabama Code / Title 23 / Chapter 2 / Section 23-2-152
Section 23-2-152 Bondholder’s and Trustee’s Rights of Enforcement; Scope of Rights
Status: in_force

Any holder of bonds issued under the provisions of this article, or of any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent that the rights herein given may be restricted by such trust agreement, may, by civil action or proceeding protect and enforce any and all rights under the laws of this state, or granted hereunder, or under the trust agreement or the resolution authorizing the issuance of bonds and may enforce and compel the performance of all duties required by this article or by the trust agreement or resolution to be performed by the authority or by any officer thereof, including the fixing, charging and collecting of tolls.
Ala. Code § 23-7-11 — Alabama Code / Title 23 / Chapter 7 / Section 23-7-11
Section 23-7-11 Failure to Collect or Remit Funds Due; Withholding of Funds
Status: in_force

(a) If a government unit fails to collect and remit in full all amounts due to the bank on the date these amounts are due under the terms of any note or other obligation of the government unit, the bank shall notify the State Finance Director who shall direct the withholding of all or a portion of the funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted or appropriated to the government unit and apply an amount necessary to the payment of the amount due.

(b) Nothing contained in this section mandates the withholding of funds allocated to a government unit the withholding of which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of a court binding on the state.
Ala. Code § 23-5-14 — Alabama Code / Title 23 / Chapter 5 / Section 23-5-14
Section 23-5-14 Violation of Rules, Etc., Enacted by County Commission Relative to Public Roads, Etc., of County
Status: in_force

It shall be unlawful for any person, firm or corporation to violate any rule, regulation or law which has heretofore been adopted or promulgated or which may hereafter be adopted or promulgated by the county commission of any county, under the authority conferred by law, relating to the use, control, care, operation or maintenance of the public roads, bridges or ferries of said county; and any person, firm or corporation violating the same shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than $500.00 and may also be sentenced to hard labor for the county for not more than six months. Each violation shall constitute a separate offense.
Ala. Code § 23-1-354 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-354
Section 23-1-354 Aeronautics Commission - Composition; Qualifications; Appointment; Terms of Office; Compensation; Removal
Status: in_force

The Alabama Aeronautics Commission, previously created pursuant to Section 4-2-30, shall serve in an advisory capacity to the Director of the Alabama State Department of Transportation. The commission shall consist of the Secretary of the Alabama State Law Enforcement Agency, the Secretary of the Alabama Department of Commerce, and 12 members representing each congressional district appointed by the Governor. The Governor shall appoint the remaining five additional members, for a term of four years, a representative from the air carrier airport boards. The 12 members of the commission serving on May 13, 2000, shall continue to serve for the remainder of their terms of office as designated by the Governor at the time of their original appointment. Successor appointees shall serve for terms of four years in the same manner as their predecessors, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Each member shall serve until the appointment of his or her successor. The members of the commission appointed by the Governor shall be citizens and bona fide residents of Alabama qualified by their knowledge of, and experience and interest in, aeronautics. At least two of the members shall be or shall have been experienced private, commercial, civil, or military aircraft pilots having had not less than 200 hours of solo flying. Members of the commission appointed by the Governor shall be paid in the amount of fifty dollars ($50) per day for each day they are engaged in the performance of their duties as commission members, but no member of the commission may receive more than twelve hundred dollars ($1,200) for such services in any one fiscal year. Reimbursement for mileage expenses shall be in accordance with state law and the rules and regulations of the department. The members of the commission serve at the pleasure of the Governor and may be removed by the Governor for inefficiency, neglect of duty, misuse of office or malfeasance in office, or for other good and just cause.
Ala. Code § 23-1-290 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-290
Section 23-1-290 Short Title
Status: in_force

This article shall be known as “Alabama the Beautiful Act.”
Ala. Code § 23-1-309 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-309
Section 23-1-309 Bonds and Notes - Execution
Status: in_force

The obligations authorized by this article shall be signed by the president or vice-president of the authority, as the board of directors shall designate, and attested by its secretary or an assistant secretary, as the board of directors shall designate; provided, that a facsimile of the signature of one but not of both of the said officers may be printed or otherwise reproduced on any of the obligations authorized by this article in lieu of their being manually signed. The seal of the authority shall be impressed on the bonds and temporary bonds authorized by this article; provided, that a facsimile of the said seal may be printed or otherwise reproduced in lieu of being manually impressed thereon.
Ala. Code § 23-1-374 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-374
Section 23-1-374 Revocation, Refusal to Issue or Renew License; Procedure for Review Under the Alabama Administrative Procedure Act
Status: in_force

In any case where the director refuses to issue a certificate of approval, license, or renewal of license for an airport, restricted landing area, or other air navigation facility, or refuses to allow any aircraft to be operated, or in any case where the director shall issue any order requiring certain things to be done, or revoking any license or certificate, the director shall set forth the reasons therefor and shall state the requirements to be met before approval will be given, license granted, or order modified or changed. Any order made by the director pursuant to this article shall be delivered either in person or by certified mail, return receipt requested, to the interested persons. Any person aggrieved by an order of the director may request a hearing pursuant to the Alabama Administrative Procedure Act, Section 41-22-1, et seq. A hearing shall be requested within 30 days after receipt of the order. If no timely request for a hearing is made, the order of the director shall be final. Any appeal from a final order of the director shall be made to the Circuit Court of Montgomery County and shall be governed by the provisions of the Alabama Administrative Procedure Act.
Ala. Code § 23-1-378 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-378
Section 23-1-378 Acquisition, Construction, Operation of Airports, Facilities, Power of Condemnation Generally
Status: in_force

(a) The department may on behalf of and in the name of the state, within the limitation of appropriations or other funds available, acquire, by purchase, gift, devise, lease, condemnation proceedings or otherwise, property, real or personal, for the purpose of establishing and constructing airports, restricted landing areas, and other air navigation facilities and to acquire, own, control, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and police airports, restricted landing areas, and other air navigation facilities within the state; make investigations, surveys or plans prior to any acquisition; and erect, install, construct, and maintain at airports facilities for the servicing of aircraft and for the comfort and accommodation of air travelers.

(b) The department may not acquire, or take over any airport, restricted landing area, or other air navigation facility owned or controlled by a municipality, county, or airport authority of the state, or person, without the consent of the municipality, county, airport authority, or person. The department shall not condemn lands as described in subsection (a) within the police jurisdiction of cities with a population of 7,500 persons or less, when suitable lands for its purposes may be obtained by purchase, nor shall the right of condemnation be exercised as to any lands within the police jurisdiction of any city or town except after a resolution approving the proposed condemnation has been adopted by the governing body of the city or town. The right of condemnation conferred by this article shall not be exercised as to lands within two statute miles of the corporate limits of any city or town of 6,000 population or less, nor within four statute miles of the corporate limits of any city or town of more than 6,000 population.

(c) The right of entry on any lands condemned under this section shall not exist until the condemned lands have been paid for in full, except where all the parties in interest agree otherwise.

(d) The department may erect, equip, operate, and maintain on any airport the buildings and equipment necessary and proper to establish, maintain, and conduct airport and air navigation facilities connected therewith. The department shall not grant exclusive right for the use of any state-owned airport, restricted landing area, or other air navigation facility. This section shall not prevent the making of leases in accordance with this article.
Ala. Code § 23-1-159 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-159
Section 23-1-159 Bonds - Payments by State Treasurer
Status: in_force

Out of the revenues appropriated and pledged for such purpose, the State Treasurer is authorized and directed to pay the principal of and interest on the bonds issued by the corporation under the provisions of this article, as such principal and interest shall respectively mature, and he is further authorized and directed to set up and maintain appropriate records pertaining thereto.
Ala. Code § 23-1-385 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-385
Section 23-1-385 Domestic Animals or Fowl on Airports
Status: in_force

An owner or keeper of any domestic animal or fowl may not allow a domestic animal or fowl to run at-large and enter or be upon any premises constituting an airport, restricted landing area, or other aeronautical facility. Violation of this section is a Class C misdemeanor.
Ala. Code § 23-1-55 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-55
Section 23-1-55 Contracts to Do Work - Preconditions
Status: in_force

No contracts for construction, repair, or renewals of highways, bridges, or culverts shall be let without the approval of the Governor and until after all necessary right-of-way for such highways and right for material for construction and right-of-way for ingress and egress to said material have been legally procured and all documents covering such procurement have been placed on file with the Director of Transportation.
Ala. Code § 23-1-305 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-305
Section 23-1-305 Corporation - Generally
Status: in_force

(a) The members of the corporation shall be the Governor, the Director of Finance, the Director of Transportation, the Attorney General, and the State Treasurer and their respective successors in office.

(b) The Governor shall be the president of the corporation, the Director of Finance shall be the vice-president of the corporation, the Director of Transportation shall be the secretary of the corporation, and the State Treasurer shall be the treasurer of the corporation and shall act as custodian of its funds.

(c) The members of the corporation shall constitute all the members of the board of directors of the corporation, and any three members of said board of directors shall constitute a quorum for the transaction of business.

(d) Should any of said officials of the state die or should his term of office as Director of Finance, Director of Transportation , Attorney General, State Treasurer, or Governor, as the case may be, expire or should he resign therefrom, his successor in office shall take his place as a member, officer, and director of the corporation.

(e) No member, officer, or director of the corporation shall draw any salary in addition to that now authorized by law for any service he may render or any duty he may perform in connection with the corporation.

(f) All proceedings had and done by the board of directors shall be reduced to writing by the secretary of the corporation and recorded in a substantially bound book. Copies of such proceedings, when certified by the secretary of the corporation under the seal of the corporation, shall be received in all courts as prima facie evidence of the matters and things therein certified.
Ala. Code § 23-1-372 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-372
Section 23-1-372 Approval of Sites and Licensing of Airports
Status: in_force

(a) The Legislature finds that airports, restricted landing areas, and other air navigation facilities shall be suitable for the purposes for which they are designated and licensed, and the advantages of uniform regulation make it desirable that airports, restricted landing areas, and other air navigation facilities shall be constructed and maintained in conformity, as nearly as may be, with current federal laws, rules, and regulations governing civil aeronautics in the United States.

(b) The department shall approve sites for airports and restricted landing areas, and shall license airports, restricted landing areas, and air navigation facilities in accordance with this article and the rules and regulations promulgated by the department at the recommendation of the commission. The licenses issued shall be renewed annually by the department. Licenses granted to airports, restricted landing areas, and other air navigation facilities prior May 13, 2000, and pursuant to Section 4-2-72 and Section 4-2-73, shall remain in force, subject to renewal by the department. Licenses shall be granted for airports and restricted landing areas which were being actively operated on July 9, 1945, without the requirement of a certificate of approval, unless the department determines that the operation of an airport or restricted landing area is hazardous to persons operating, using, or traveling in aircraft, or to persons and property on the ground. The department shall not charge a fee for site approval certificates of proposed property acquisitions for airport or restricted landing area purposes or for the issuance of original licenses or renewals thereof for airports or restricted landing areas.
Ala. Code § 23-1-364 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-364
Section 23-1-364 State Airports Development Fund
Status: in_force

A fund known as the State Airports Development Fund is hereby created. The following shall be deposited in the fund to the credit of the department:

(1) The revenue received from all taxes levied on aircraft fuel and other aeronautical facilities or services or persons engaged in aeronautical activities.

(2) All other funds appropriated or allocated by the state specifically for the engineering, construction, expansion, improvement, maintenance, and operation of airports either alone or jointly with municipalities, counties, or airport authorities of the state or with the federal government, or both.

(3) The proceeds from the sale of all bonds which may be issued for the aforementioned purposes.

(4) Any grants and donations received pursuant to Section 23-1-361.
Ala. Code § 23-6-1 — Alabama Code / Title 23 / Chapter 6 / Section 23-6-1
Section 23-6-1 Definitions
Status: in_force

Where used in this chapter the following words and terms shall be given the following respective meanings unless the context hereof clearly indicates otherwise:

(1) BOARD OF DIRECTORS. The board of directors of the corporation.

(2) CODE. The Code of Alabama 1975, as amended.

(3) CORPORATION. The public corporation authorized to be created by this chapter.

(4) GOVERNMENT SECURITIES. Any bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America, including obligations of any federal agency to the extent such obligations are unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in such obligations of, or unconditionally guaranteed by, the United States of America or in specified portions thereof (which may consist of the principal thereof or the interest thereon).

(5) INDUSTRIAL ACCESS ROADS AND BRIDGES. The planning, design, and construction of roads and bridges on the public highway and street system providing access to active military installations or property used primarily for military purposes or to projects that conduct an activity specified in subdivision (1) of Section 40-18-372, including necessary right-of-way and utility activities provided by state law.

(6) LEGISLATURE. The Legislature of Alabama.

(7) NET INTEREST INCOME. Interest earned from an investment, net of that which represents a return of accrued interest, and the amount required to offset the amortization of any premium, paid in connection with the purchase of such investment.

(8) PERMITTED INVESTMENTS.

a. Government securities;

b. Bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies, to the extent that such obligations are secured by the full faith and credit of the United States: Bank for Cooperatives; Federal Intermediate Credit Banks; Federal Financing Bank; Federal Home Loan Banks; Federal Farm Credit Bank; Export-Import Bank of the United States; Federal Land Banks; or Farmers Home Administration, or any other agency or corporation which has been or may hereafter be created by or pursuant to an act of the Congress of the United States as an agency or instrumentality thereof, the bonds, debentures, participation certificates or notes of which are unconditionally guaranteed by the United States of America;

c. Bonds, notes, pass through securities or other evidences of indebtedness of GNMA and participation certificates of FHLMC;

d. Full faith and credit obligations of any state, provided that at the time of purchase such obligations are rated at least “AA” by Standard & Poor’s Corporation and at least “Aa” by Moody’s Investors Service;

e. Public housing bonds issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by contracts with the United States of America, or temporary notes, preliminary notes or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States of America;

f. Time deposits evidenced by certificates of deposit issued by banks or savings and loan associations which are members of the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, provided that, to the extent such time deposits exceed available federal deposit insurance, such time deposits are fully secured by obligations described in paragraphs a., b., c., and e. above, which at all times have a market value (exclusive of accrued interest) at least equal to such bank time deposits so secured, including interest, and which meet the greater of 100 percent collateralization or the “AA” collateral levels established by Standard & Poor’s Corporation for structured financings;

g. Repurchase agreements for obligations of the type specified in paragraphs a., b., c., and e. above, provided such repurchase agreements are fully collateralized and secured by such obligations which have a market value (exclusive of accrued interest) at least equal to the purchase price of such repurchase agreements and which are held by a depository satisfactory to the State Treasurer in such manner as may be required to provide a perfected security interest in such obligations, and which meet the greater of 100 percent collateralization or the “AA” collateral levels established by Standard & Poor’s Corporation for structured financings; and

h. Uncollateralized investment agreements with, or certificates of deposit issued by, banks or bank holding companies, the senior long-term securities of which are rated at least “AA” by Standard & Poor’s Corporation and at least “Aa” by Moody’s Investors Service.

(9) STATE. The State of Alabama.
Ala. Code § 23-1-251 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-251
Section 23-1-251 Construction of Division
Status: in_force

Nothing in this division shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution which are more restrictive than the provisions of this division.
Ala. Code § 23-1-295 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-295
Section 23-1-295 Nomination of Potential Scenic Byways
Status: in_force

The Advisory Council shall evaluate initial applications. Local governments in conjunction with the Advisory Council shall perform a field survey of the byway and score its qualities, with special attention paid to the scenic quality of the roadway. The following criteria and procedures shall be used for nominating potential scenic byways:

(1) Any road corridor shall have at least one of the following six intrinsic qualities to be nominated: Scenic, natural, cultural, historic, archaeological, and recreational.

(2) Each nomination shall be made and supported by a sponsor, including, but not limited to, any of the following: An historic preservation group, an environmental group, another nongovernmental organization, a local government, or an individual.

(3) The sponsor or sponsors of a potential scenic byway shall complete an application form and submit it to the Advisory Council.

(4) Special consideration or first priority shall be given the Alabama’s 10 Environmental Natural Wonders, Civil War, Native American, and Civil Rights sites, and the Robert Trent Jones Trail, due to their particular importance to Alabama’s scenic, historic, cultural, and recreational heritage. Special consideration or first priority shall also be given to counties with the highest unemployment rates and the slowest rates of economic growth. These sites shall go through the normal nomination procedure.

(5) Nominations shall be accepted on an ongoing basis, but shall be evaluated and passed on to the Designating Committee on a semi-annual basis, beginning one year from August 1, 2000.
Ala. Code § 23-1-308 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-308
Section 23-1-308 Bonds and Notes - Form, Denominations, Terms, Redemption, Etc
Status: in_force

Any obligations authorized by this article shall be in such forms and denominations and of such tenor and maturities, shall bear such rate or rates of interest payable and evidenced in such manner and may contain other provisions not inconsistent with this article as may be provided in the resolution or resolutions of the board of directors in which such obligations are authorized to be issued; provided, that none of the bonds shall have a maturity date later than 20 years after its date and none of the temporary bonds or notes shall have a maturity date later than three years after its date. The authority may at its election retain in the resolution or resolutions under which any obligation is issued an option to redeem all or any thereof at such redemption price or prices and after such notice or notices and on such terms and conditions as may be set forth in the said resolution or resolutions and as may be briefly recited in the face of such obligation with respect to which such option of redemption is retained.
Ala. Code § 23-2-153 — Alabama Code / Title 23 / Chapter 2 / Section 23-2-153
Section 23-2-153 Exemptions from Levy, Charge, Assessment, Collection, Etc., of Certain Taxes; Certificate of Exemption
Status: in_force

(a) The exercise of the powers granted by this article shall be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions. Since the ownership, operation, and maintenance of toll road, bridge, or tunnel projects by the authority will constitute the performance of essential functions, the authority, department, and any concessionaire, or any contractor, subcontractor, or agent thereof, shall not be required to pay the taxes or assessments as specifically authorized in this section upon any toll road, bridge, or tunnel project or any property acquired or used by the authority, department, or any concessionaire under this article.

(b) An income, excise, or license tax or assessment may not be levied upon or collected in the state with respect to any corporate activities of the authority or the department or any of its revenue, income, or profit. The exemptions provided in this section do not extend to the taxes or fees levied under Division 1 of Article 5 of Chapter 17 of Title 8; Chapter 17 of Title 40; or the Rebuild Alabama Act.

(c) No ad valorem tax or assessment for any public improvement shall be levied upon or collected in the state with respect to any toll road, bridge, or tunnel project during any time that title to the toll road, bridge, or tunnel project is held by the authority or the department and any time that title to the toll road, bridge, or tunnel project is retained by the authority or the department pursuant to a lease with a concessionaire.

(d) No privilege or license taxes or assessments payable with respect to the recording or filing for record of any mortgage, deed, or other instrument, including, but not limited to, the privilege taxes under Chapter 22 of Title 40, shall be levied, charged, or collected in connection with the recording or filing for record of any mortgage, deed, or other instrument evidencing a conveyance to or the creation of any property interest in the authority or the department, any agreement or instrument to which the authority or the department is a party, or any mortgage, deed, or other instrument evidencing a conveyance from the authority or the department to another party or the creation by the authority or the department of any property interest in another party.

(e) Any tangible personal property that will become a permanent part of a project constructed by the authority, department, or any concessionaire, or any contractor, subcontractor, or agent thereof, shall be exempt from taxation and assessment, including sales or use taxes. However, any concessionaire, or contractor, subcontractor, or agent thereof, seeking an exemption of county or municipal sales or use taxes for itself or its contractors, subcontractors, or agents, under the authority granted in this subsection, shall receive an exemption certificate approved by resolution of the affected county or municipality.

(f) The authority, department, or any concessionaire, or any contractor, subcontractor, or agent thereof, shall be exempt from any tax imposed by Section 40-23-50 for the gross proceeds of the sale of materials or the gross receipts of services that are related to the construction of any project under this section.

(g) The interest paid or accrued on all bonds, notes, or other obligations issued by the authority shall be free from taxation by the state or a county, municipality, or other political subdivision or instrumentality thereof.

(h)(1) The Department of Revenue shall issue a certificate of exemption to the authority, the department, a concessionaire, or any contractor, subcontractor, or agent thereof, for each toll road, bridge, or tunnel project for the purchase of building materials, construction materials and supplies, and other tangible personal property that becomes part of the project. Any use of the certificate issued under the authority of this subsection and subsection (e) shall be subject to the reporting and penalty provisions of Section 40-9-14.1. Any holder or user of the certificate shall maintain an accurate accounting of the purchase and use of the property and, in a manner prescribed by the Department of Revenue, shall file reports of all such purchases.

(2) It is the intent of the Legislature for this subsection to lower the administrative cost for the authority, department, and each concessionaire, and any contractor, subcontractor, or agent thereof, for toll road, bridge, or tunnel projects.

(i) Nothing in this section exempts any concessionaire, or any contractor, subcontractor, or agent thereof, from state income taxes.

(j) The Department of Revenue may adopt rules to implement, administer, and provide for accurate accounting and enforcement of this section.
Ala. Code § 23-2-158 — Alabama Code / Title 23 / Chapter 2 / Section 23-2-158
Section 23-2-158 Annual Report to Legislature; Contents; Annual Audit; Expense
Status: in_force

On or before the tenth legislative day of each regular session of the Legislature, the authority shall make a report of its activities for the preceding calendar year to the Legislature. Each report shall set forth a complete operating and financial statement covering its operations during the year and shall contain a complete report of the engineers of the authority as to the physical condition of any project and shall include any recommendations made by such engineers. The authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants and the cost thereof may be treated as a part of the cost of construction or of operation of the project.
Ala. Code § 23-1-211 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-211
Section 23-1-211 Payments
Status: in_force

Any payment made or to be made under the authority granted by this article shall be for compensating or reimbursing the displaced person or owner of real property in accordance with the requirements of the federal Uniform Relocation Act and such payments shall not for any purpose be deemed or considered compensation for real property acquired or compensation for damages to remaining property.
Ala. Code § 23-7-27 — Alabama Code / Title 23 / Chapter 7 / Section 23-7-27
Section 23-7-27 Construction and Use of Bonds
Status: in_force

(a) The bonds issued by the bank are legal investments in which all public officers or public bodies of the state, its political subdivisions, all municipalities and political subdivisions, all insurance companies and associations and other persons carrying on insurance business, all banks, bankers, banking associations, trust companies, savings banks, savings associations, including savings and loan association investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons who are now or may be authorized in the future to invest in bonds or other obligations of the state, may invest funds in their control or belonging to them.

(b) The bonds of the bank are also securities which may be deposited with and received by all public officers and bodies of the state or any agency or political subdivision of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is now or may later be required by law.
Ala. Code § 23-2-173 — Alabama Code / Title 23 / Chapter 2 / Section 23-2-173
Section 23-2-173 Reciprocal Agreements - Other States or Jurisdictions
Status: in_force

(a) The department or authority may enter into agreements, when not in conflict with law, with other states or jurisdictions for reciprocal enforcement of toll violations.

(b) An agreement made under this section shall provide that drivers licensed and vehicles registered in the state, while operating on the highways of another jurisdiction, shall receive benefits, privileges, and exemptions of a similar kind with regard to toll enforcement as are extended to drivers and vehicles licensed or registered in the other jurisdiction while operated in the state.

(c) A reciprocal agreement under this section may provide for enforcement of toll violations by refusal or suspension of the license of the driver or registration of the vehicle in accordance with Section 23-2-172.

(d) The reciprocal violation enforcement agreement between the department or authority and the governmental entity of another state or jurisdiction shall agree upon fees and costs associated with collecting unpaid tolls and driver’s license and vehicle registration suspensions in their respective jurisdictions.

(e) Notwithstanding Section 23-2-174, electronic toll collection data may be used for vehicle registration verification by the Department of Revenue and other states that have entered into information exchange agreements with the Department of Revenue.

(f) The enforcement provisions of subsection (d) of Section 23-2-169 and Section 23-2-172 do not apply to toll violations that occur in another state or jurisdiction until and unless the department or authority enters into a reciprocal agreement under this section with the other state or jurisdiction.

(g) To the extent permitted by law or allowed by or agreed to in a reciprocal agreement made under this section, public or private toll entities within the state may share in the benefit of a reciprocal agreement. Nothing in this section prevents a public or private toll entity from entering into an agreement for data sharing, the reciprocal payment of toll violations, or the collection of tolls with another public or private toll entity.
Ala. Code § 23-1-180 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-180
Section 23-1-180 Dissolution
Status: in_force

At any time when no bonds of the corporation are outstanding, the corporation may be dissolved upon the filing with the Secretary of State of an application for dissolution, which shall be subscribed by each of the members of the corporation and which shall be sworn to by each such member before an officer authorized to take acknowledgments to deeds. Upon the filing of said application for dissolution, the corporation shall cease and any property owned by it at the time of its dissolution shall pass to the State of Alabama. The Secretary of State shall file and record the application for dissolution, in an appropriate book of record in his office, and shall make and issue, under the Great Seal of the State, a certificate that the corporation is dissolved and shall record the said certificate with the application for dissolution.
Ala. Code § 23-1-53 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-53
Section 23-1-53 Contracts to Do Work - Authority
Status: in_force

The State Department of Transportation may enter into contracts with any of the counties of the state or with any of the municipalities of this state, as it may with individuals, firms, or private corporations, to do any work in the construction, repair, or maintenance of the roads, bridges, or highways in this state.
Ala. Code § 23-1-223 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-223
Section 23-1-223 Interest in Acquired Land; Manner of Acquisition
Status: in_force

The interest in any land authorized to be acquired and maintained under this division may be the fee simple or any lesser interest, as determined by the Director of Transportation to be necessary to accomplish the purpose of this division. Such acquisition may be by gift, purchase, exchange, or condemnation.
Ala. Code § 23-1-315 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-315
Section 23-1-315 Investment of Funds; Pledge of Interest from Investments
Status: in_force

Any funds held as the proceeds of obligations issued by the authority under this article and any funds held by the State Treasurer in the sinking fund provided for the payment of such obligations shall be invested in obligations of the United States of America or in certificates of deposit secured by a deposit of obligations of the United States of America to the full amount of such certificates of deposit, and in investment agreements, repurchase agreements, or other investment arrangements fully collateralized by any of the foregoing, and the interest to be earned on such investment of funds may be pledged by the authority to the payment of the principal of and interest on the obligations issued by the authority under this article.
Ala. Code § 23-3-7 — Alabama Code / Title 23 / Chapter 3 / Section 23-3-7
Section 23-3-7 Local Service Roads and Streets
Status: in_force

In connection with the development of any controlled access facility, the Director of Transportation is authorized to plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or to designate as local service roads and streets any existing road or street if, in his opinion, such local service roads and streets are necessary or desirable. Such local service roads or streets shall be of appropriate design and shall be separated from the controlled access facility proper by means of all devices designated as necessary or desirable by the proper authority.
Ala. Code § 23-1-33 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-33
Section 23-1-33 Official Records of Department; Appointment of Assistants and Personnel
Status: in_force

The State Department of Transportation shall keep an official record of all its acts and doings. The Director of Transportation shall, under provisions of the Merit System, appoint such assistants and personnel as may be necessary for the proper carrying on of the work of the State Department of Transportation. The compensation of such assistants and personnel shall be paid out of the state highway funds.
Ala. Code § 23-6-10 — Alabama Code / Title 23 / Chapter 6 / Section 23-6-10
Section 23-6-10 Revenues of Corporation
Status: in_force

For the purpose of providing funds to enable the corporation to pay the principal of, premium, if any, and interest on any bonds issued by it under the provisions of this chapter, and to accomplish the purposes and objects of its creation, there hereby are irrevocably pledged to such purpose and appropriated so much as may be necessary for such purpose of the following: The State Department of Transportation’s portion of the four cent per gallon excise tax levied on gasoline, motor fuel, and lubricating oil under the provisions of Title 40, Chapter 17, Article 6. All moneys hereby appropriated and pledged shall constitute a sinking fund for the purpose of paying the principal of, premium, if any, and the interest on bonds of the corporation.
Ala. Code § 23-1-415 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-415
Section 23-1-415 Enforcement
Status: in_force

The department may institute, in any court of competent jurisdiction, a civil action to enjoin, restrain, prevent, abate, or correct any violation of this article and violation of any determination, order, or ruling of the department.
Ala. Code § 23-1-5 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-5
Section 23-1-5 Payment of Costs of Relocation of Utility Facilities Necessitated by Construction of Highways
Status: in_force

(a) Whenever the Director of Transportation shall determine and order that the relocation of any utility facility is necessitated by the construction of any project on the national system of interstate and defense highways, including the extensions thereof within urban areas, the utility owning or operating the utility facility shall relocate the facility in accordance with the order of the Director of Transportation. Notwithstanding the foregoing, if the cost of the utility facility relocation is eligible and approved for reimbursement by the federal government, the cost of the relocation of the utility facility shall be paid by the state as a part of the cost of the construction of the project out of the funds then or thereafter available for the highway construction after the utility has furnished the Director of Transportation with all papers, records, or other supporting documents required by the director. After the final federal Bureau of Public Roads’ audit, the utility shall repay to the state the difference, if any, between the total amount paid by the state to the utility for the relocation and the total amount collected by the state from federal participation on the utility relocation, plus the state’s matching share of the federal participation.

(b) Whenever the Director of Transportation shall determine and order that the relocation of any utility facility is necessitated by the construction of any highway, road, or street, other than the highways that are a part of the national system of interstate and defense highways referred to in subsection (a) of this section, the utility owning or operating the facility shall relocate the facility in accordance with the order of the Director of Transportation at its own expense. Notwithstanding the foregoing, if the facilities to be relocated are owned by any utility which had a gross income of two hundred fifty million dollars ($250,000,000) or less for the calendar year immediately preceding the relocation, or in the case of utilities which may be hereafter organized and created, which have a gross income of two hundred fifty million dollars ($250,000,000) or less in their first complete year of operation or in the calendar year immediately preceding the relocation or, in the case of utilities owned or operated by a corporation organized pursuant to Article 8, Chapter 50, Title 11, the cost of the relocation of the utility facility shall be paid by the state as a part of the cost of the construction of the project out of the funds then or thereafter available for the highway construction after the utility has furnished the Director of Transportation with all papers, records, or other supporting documents required by the director. After the final federal Bureau of Public Roads’ audit, the utility shall repay to the state the difference, if any, between the total amount paid by the state to the utility for the relocation and the total amount collected by the state from federal participation on the utility relocation, plus the state’s matching share of the federal participation.

(c) The Director of Transportation may enter into contracts or agreements and conform any existing contracts or agreements with utilities in order to effectuate the purposes of this section.

(d) The word utility shall include publicly, privately, and cooperatively owned utilities. The words cost of relocation shall include the entire amount paid by the utility properly attributable to the relocation after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility. The words national system of interstate and defense highways mean the national system of interstate and defense highways or interstate system described in subsection (d) of Section 103 of Title 23, United States Code.
Ala. Code § 23-1-249 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-249
Section 23-1-249 Authority of Director - Regulations; Agreements with United States Department of Transportation
Status: in_force

The director may:

(1) Promulgate regulations he deems necessary to implement and enforce provisions of this division; and

(2) Enter into agreements with the United States Department of Transportation pursuant to Title 23, United States Code, and any amendments thereto, relating to the control of junkyards in areas adjacent to the interstate and primary systems and to take action in the name of the state to comply with the terms of this agreement.
Ala. Code § 23-1-85 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-85
Section 23-1-85 Construction of Electric Transmission, Telegraph, or Telephone Lines in Right-of-Way of County Highways
Status: in_force

The right-of-way is granted to any person or corporation having the right to construct electric transmission, telegraph, or telephone lines within this state to construct them along the margin of the right-of-way of public highways, subject to the removal or change by the county commission of the county, except in cases where the State Department of Transportation has jurisdiction over such highway.
Ala. Code § 23-7-20 — Alabama Code / Title 23 / Chapter 7 / Section 23-7-20
Section 23-7-20 Securing of Bonds - Trust Indenture
Status: in_force

(a) Bonds may be secured by a trust indenture between the bank and a corporate trustee, which may be the State Treasurer or any bank having trust powers or any trust company doing business in this state. A trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders which are reasonable and proper, including covenants setting forth the duties of the bank in relation to the exercise of its powers and the custody, safekeeping, and application of its money. The bank may provide by the trust indenture for the payment of the proceeds of the bonds and all or any part of the revenues of the bank to the trustee under the trust indenture or to some other depository, and for the method of its disbursement with safeguards and restrictions prescribed by it. All expenses incurred in performing the obligations of the bank under the trust indenture may be treated as part of its operating expenses.

(b) Any resolution or trust indenture pursuant to which bonds are issued may contain provisions which are part of the contract with the holders of the bonds and which include the following:

(1) Pledging specific revenues of the bank to secure the payment of the bonds.

(2) Pledging specific assets of the bank including loan obligations owned by it to secure the payment of the bonds.

(3) The use and disposition of the gross income from, and payment of the principal of, and interest on loan obligations owned by the bank.

(4) The establishment of reserves, sinking funds, and other funds and accounts, and their regulation and disposition.

(5) Limitations on the purposes to which the proceeds from the sale of the bonds may be applied, and limitations on pledging the proceeds to secure the payment of the bonds.

(6) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds.

(7) The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds, if any, the holders of which must consent to, and the manner in which any consent may be given.

(8) Limitations on the amount of money to be expended by the bank for its operating expenses.

(9) Vesting in a trustee property, rights, powers, and duties as the bank may determine, limiting or abrogating the right of bondholders to appoint a trustee, and limiting the rights, powers, and duties of the trustee.

(10) Defining the acts or omissions which constitute a default, the obligations or duties of the bank to the holders of the bonds, and the rights and remedies of the holders of the bonds in the event of default, including as a matter of right the appointment of a receiver, and all other rights generally available to creditors.

(11) Requiring the bank or the trustee under the trust indenture to take any and all other action to obtain payment of all sums required to eliminate any default as to any principal of and interest on loan obligations owned by the bank or held by a trustee, which may be authorized by the laws of this state.

(12) Any other matter relating to the terms of the bonds or the security or protection of the holders of the bonds which may be considered appropriate.
Ala. Code § 23-1-377 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-377
Section 23-1-377 Exceptions
Status: in_force

(1) PERSONAL USE. Sections 23-1-371, 23-1-372, 23-1-373, 23-1-375, 23-1-376, and 23-1-382 shall not apply to restricted landing areas on private property, designated for the use of the property owner and his or her immediate family.

(2) UNITED STATES GOVERNMENT. Sections 23-1-371, 23-1-372, 23-1-373, 23-1-375, 23-1-376, and 23-1-382 shall not apply to any airport, restricted landing area, or other air navigation facility owned or operated by the United States government within this state.
Ala. Code § 23-1-131 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-131
Section 23-1-131 Proceedings; Limitations as to Location; Damages
Status: in_force

In establishing a private road, the same rules must be observed and the same proceedings had as in the case of public roads; but no road must be opened through any person’s yard, garden, orchard, garage, stable, lot, ginhouse, or curtilage without his consent, and the applicant must pay the owner of the land over which such road passes all damages resulting thereto from the establishment of such road, to be assessed as in case of public roads.
Ala. Code § 23-7-1 — Alabama Code / Title 23 / Chapter 7 / Section 23-7-1
Section 23-7-1 Short Title
Status: in_force

This chapter shall be cited as the Alabama Transportation Infrastructure Bank Act.
Ala. Code § 23-7-30 — Alabama Code / Title 23 / Chapter 7 / Section 23-7-30
Section 23-7-30 Net Earnings of Bank Not to Inure to Benefit of Any Individual, Firm, or Corporation
Status: in_force

The bank shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit of any individual, firm, or corporation, except that in the event its board of directors shall determine that sufficient provision has been made for the full payment of the expenses, bonds, other financial assistance, and other obligations of the bank, then any net earnings of the bank thereafter accruing shall be paid to the state.
Ala. Code § 23-1-373 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-373
Section 23-1-373 Certificate of Approval or License for Airport, Landing Field - Standards for Issuance
Status: in_force

In determining whether to issue a certificate of approval or license for any proposed airport or restricted landing area, the director may consider proposed location, size, and layout, the relationship of the proposed airport or restricted landing area to other airports that may exist in the area and to a comprehensive plan for statewide and nationwide airport development, whether there are safe areas available for expansion purposes, whether the adjoining area is free from obstructions or airport hazards based upon appropriate aircraft performance characteristics, and the nature of the terrain, the estimated cost of preparation of the land and the airport’s approach and departure paths, and the nature of the uses to which the proposed airport or restricted landing area will be put subject to the possibilities for other future aeronautical development.
Ala. Code § 23-1-7 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-7
Section 23-1-7 Signs, Markers, and Advertising - Tourist Attractions
Status: in_force

(a) Upon the request of the Director of the Alabama Tourism Department, the Director of the State Department of Transportation may cause to be constructed and erected along state highways appropriate directional markers designating major tourist attractions of Alabama.

(b) The Director of the Alabama Tourism Department shall determine the attractions to be so designated and shall upon the recommendation of the Director of the State Department of Transportation determine the number of markers needed and the location of such markers.

(c) Expenses incurred in carrying out the provisions of this section shall be paid from that portion of the proceeds of the privilege license tax levied on lodgings by Chapter 26 of Title 40, earmarked for state travel advertising and travel promotion by the Alabama Tourism Department for tourist advertising and shall be paid upon warrants drawn by the state Comptroller, upon the approval of the Director of the Alabama Tourism Department, not to exceed $10,000.00 per fiscal biennium.

(d) This section shall not be construed as repealing the provisions of Chapter 7 of Title 41 which prohibit the purchase of advertising in newspapers, magazines, programs, or other periodicals published in the state with funds appropriated for tourist advertising.
Ala. Code § 23-1-3 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-3
Section 23-1-3 Closing of Public Roads to Traffic; Acquisition of Materials
Status: in_force

The state, acting through the State Department of Transportation and its duly authorized employees, and the various counties of the state, acting through the county commissions and their duly authorized employees, in the doing of public roads work shall have and exercise the right, power, and authority, when deemed necessary or advisable to do so, to close public roads to traffic and, when possible so to do, to make detour roads and to contract for such land as may be necessary for such detour roads; also to acquire, by purchase, or by condemnation, land necessary for drainage ditches and borrow pits, lime and stone quarries, clay and clay pits, sand and sand pits and gravel and gravel pits, together with any and all other material of every character that may be necessary or essential or desired in the construction and maintenance of highways and bridges, and to tap and draw materials from the same to such extent as may be desired, and the State Department of Transportation shall also have the right to acquire by purchase or condemnation rights-of-way necessary for ingress and egress to such material pits as above named.
Ala. Code § 23-3-3 — Alabama Code / Title 23 / Chapter 3 / Section 23-3-3
Section 23-3-3 Authority to Plan, Etc., Facilities; Regulation, Etc., Thereof
Status: in_force

The Director of Transportation, acting alone or in cooperation with counties, cities, towns or any federal, state or local agency or any other state having authority to participate in the construction and maintenance of highways, is authorized to plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide controlled access facilities for public use wherever such authority or authorities are of the opinion that traffic conditions, present or future, will justify such special facilities; provided, that in the case of designation or vacation, such designations or vacations must be approved by the Director of Transportation. Said authorities may regulate, restrict, or prohibit the use of such controlled access facilities by the various classes of vehicles or traffic in a manner consistent with Section 23-3-1.
Ala. Code § 23-1-291 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-291
Section 23-1-291 Legislative Findings
Status: in_force

The Legislature finds that certain portions of the state highway system provide access to state locales that are notable for their scenic, natural, historic, recreational, cultural, and archaeological value and are therefore worthy of designations as scenic byways in order to provide special consideration of their unique features and special role in the highway system. The Legislature further finds that the public interest would be served by the formation of a coordinated scenic byways program to enhance recreational, cultural, and archaeological resources, encourage economic development through tourism, improve the transportation system, and educate residents and visitors on the history, culture, and natural beauty of this state. In order to implement this program, the Legislature has determined that a two-tiered structure would best serve the governance of the Alabama Scenic Byways program. The Legislature recognizes that the application of this article is meant to add value to the community, and that public involvement, specifically the rights and interests of private property owners, must be considered in implementing provisions of this article and in the designation of byways. Specifically, any such actions taken which affect private property are subject to statutes and regulations otherwise established in accordance with the United States Constitution and the Constitution of Alabama of 1901.
Ala. Code § 23-1-106 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-106
Section 23-1-106 Effect of Article Upon Outstanding Financial Obligations Incurred by Counties; Disposition of Funds Received by State from Counties for Road and Bridge Work Therein
Status: in_force

All outstanding financial obligations which were incurred prior to the adoption of this article for the construction, repair, or maintenance of county roads and bridges in each of the captive counties shall, upon adoption of this article, become outstanding financial obligations of the respective captive county and shall be retired or paid in accordance with the terms under which such indebtedness was incurred.

All funds, including escrow funds, received by the state from the respective captive counties to be used for road and bridge work in the respective counties, after payment of current obligations of said counties, respectively, shall be returned to each of said counties, respectively.
Ala. Code § 23-6-11 — Alabama Code / Title 23 / Chapter 6 / Section 23-6-11
Section 23-6-11 State Treasurer to Disburse Funds
Status: in_force

Out of the revenues appropriated and pledged in Section 23-6-10, the State Treasurer is authorized and directed to pay the principal of, premium, if any, and interest on the bonds issued by the corporation under the provisions of this chapter, as such principal, premium, if any, and interest shall respectively mature, and he is further authorized and directed to set up and maintain appropriate records pertaining thereto.
Ala. Code § 23-1-94 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-94
Section 23-1-94 Construction of Article Not to Conflict with Local or Special Laws
Status: in_force

Nothing in this article shall be construed to authorize the county commissions of the several counties to establish, promulgate, or enforce any rules, regulations, or laws which may be in conflict with a local or special law providing for the working, maintenance, change, discontinuance, or improvement of the public roads, bridges, or ferries of such county now in force or which may hereafter be enacted, except in cases where the State Department of Transportation has jurisdiction over such highways.
Ala. Code § 23-1-243 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-243
Section 23-1-243 License - Required
Status: in_force

No person shall establish, operate, or maintain a junkyard, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway, without obtaining a license to do so from the director.
Ala. Code § 23-1-57 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-57
Section 23-1-57 Agreements and Contracts with Adjoining States and Federal Government Relative to Bridges
Status: in_force

The State Department of Transportation may enter into agreements and contracts with adjoining states and the federal government relative to the acquisition, construction, maintenance, and repair of bridges across any river or stream forming the boundary between this state and an adjoining state upon the following terms and conditions:

(1) Any bridge, the subject of such agreement or contract, shall be open to the public and no toll or other charge shall be levied for the privilege of crossing it.

(2) Any bridge, the subject of such agreement or contract, shall connect a highway in this state designated as a “state highway” or a “United States highway” with a highway in the adjoining state designated as a “state highway” or a “United States highway.”

(3) The agreement or contract may fix the amount the State of Alabama will pay, but the amount so agreed upon shall not be governed by the distance of the boundary from the bank of the stream, and the amount agreed upon shall be paid solely from funds made available to the State Department of Transportation for the construction of roads and bridges.

(4) Any contract made pursuant to this section shall also conform to all federal laws, rules, and regulations governing agreements or contracts between states relative to the acquisition, construction, maintenance, and repair of interstate bridges and shall contain such terms and stipulations as are requisite to securing the maximum amount of aid from the federal government, subject only to the limitations contained in this section.
Ala. Code § 23-1-88 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-88
Section 23-1-88 Facilities Between Adjoining Counties - Authority of Counties to Build, Establish, Etc
Status: in_force

Adjoining counties may purchase, establish, build, maintain, and operate bridges and ferries or public highways across streams, swamps, waters, or marshes which form the boundary between two counties upon such terms as may be agreed upon by the county commissions of the adjoining counties.
Ala. Code § 23-1-274 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-274
Section 23-1-274 Erection or Maintenance of Signs - Controls; Criteria
Status: in_force

The director shall effectively control, or cause to be controlled, the erection and maintenance of outdoor advertising signs, displays, and devices in all business areas that are erected subsequent to February 10, 1971. Whenever a bona fide state, county, or local zoning authority has made a determination of customary use as to size, lighting, and spacing, such determination may be accepted in lieu of controls by agreement in the zoned commercial and industrial area within the geographical jurisdiction of such authority. In all other controlled commercial and industrial areas, the criteria set forth below shall apply:

(1) SIZE OF SIGNS.

a. For sign structures erected after July 15, 1995, the maximum area for any one sign shall be 672 square feet with a maximum height of 14 feet and a maximum length of 48 feet, inclusive of any border and trim on the sign face, but excluding any embellishment on and cut-out extension of the sign face, the base or apron, supports, and other structural members. For sign structures lawfully in existence on or before July 15, 1995, the maximum area for any one sign shall be 1,200 square feet with a maximum height of 30 feet and a maximum length of 60 feet, inclusive of any border and trim, but excluding the base or apron, supports, and other structural members.

b. The area shall be measured by the smallest square, rectangle, triangle, or circle or combination thereof which will encompass the entire sign.

c. Sign structures erected after July 15, 1995, may contain one or two signs per facing and may use only a side-by-side, back-to-back, or V-type configuration, and may use no other configuration; provided, that if two signs are used facing the same direction, the aggregate total area shall not exceed 672 square feet. Sign structures lawfully in existence on or before July 15, 1995, may contain one or two signs per facing and may be placed double-faced, back-to-back, or V-type; provided, that if two signs are used facing the same direction, the aggregate total area shall not exceed 1,200 square feet.

(2) LIGHTING.

a. Signs shall not be erected or maintained which contain, include, or are illuminated by any flashing, intermittent, or moving lights, except those giving public service information such as, but not limited to, time, date, temperature, weather, or news.

b. Signs shall not be erected or maintained which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of traveled way of any interstate or primary highway and are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle.

c. Signs shall not be erected or maintained which shall be so illuminated that they obscure or interfere with any official traffic sign, device, or signal.

(3) SPACING.

a. Signs shall not be erected or maintained in such a manner as to obscure, or otherwise physically interfere with, an official traffic sign, signal, or device or which obstructs or physically interferes with the driver’s view of approaching, merging, or intersecting traffic.

b. Signs shall not be erected or maintained which do not comply with all applicable county or municipal codes and ordinances, including, but not limited to, zoning, buildings, and sign codes, as locally interpreted, applied, and enforced.

c. Signs shall not be erected or maintained closer to another sign other than a sign described in subdivisions (1), (2), (3), (4), and (6) of Section 23-1-273 than the following prescribed distances. These spacing provisions do not apply to signs separated by buildings or other obstructions in such manner that only one sign located within the above spacing distance is visible from the highway at any one time. The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway.

1. On all interstate highways and freeway primary highways, there must be at least 500 feet between sign structures on the same side of the highway.

2. On interstate highways and freeway primary highways located outside the zoning authority of incorporated cities, no sign structure is permitted adjacent to or within 500 feet of an interchange or intersection at grade or safety roadside rest areas. Such distances shall be measured along the highway to the nearest point of beginning or ending of pavement widening at the exit from or entrance to the main-traveled way.

3. On primary highways located outside the zoning authority of incorporated cities, for sign structures erected after July 15, 1995, there must be at least 500 feet between sign structures on the same side of such highway, and for sign structures lawfully in existence on or before July 15, 1995, there must be at least 300 feet between sign structures on the same side of such highway.

4. On primary highways located within the zoning authority of incorporated cities, for sign structures erected after July 15, 1995, there must be at least 500 feet between sign structures on the same side of such highway, and for sign structures lawfully in existence on or before July 15, 1995, there must be at least 100 feet between sign structures on the same side of such highway.

(4) GENERAL.

a. Signs shall not be erected or maintained which imitate or resemble any official traffic sign, signal, or device.

b. Signs shall not be erected or maintained upon trees, or painted or drawn upon rocks or other natural features.

c. Signs shall not be erected or maintained which are structurally unsafe or in substantial disrepair.

d. Signs which are obsolete shall be removed.
Ala. Code § 23-1-276 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-276
Section 23-1-276 Erection or Maintenance of Signs - Name and Address of Owner and Date of Erection to Appear on Signs, Etc
Status: in_force

Each sign or structure regulated by this division shall have stated thereon the name and address of the owners thereof and the date of its erection; provided, that if the address of the owner is on file with the director, it need not be stated on such sign or structure.
Ala. Code § 23-1-130 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-130
Section 23-1-130 Establishment
Status: in_force

Private roads may be established by the county commission on the application of any person, such roads not to exceed 15 feet in width and to be opened and kept in repair by the person on whose application they are established without exemption on public roads.
Ala. Code § 23-1-100 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-100
Section 23-1-100 “Captive County” Defined
Status: in_force

Unless different meanings are expressly specified in subsequent provisions of this article the term “captive county” means a county where the State Department of Transportation by local law or general law with local application is responsible for the construction, repair, and maintenance of the roads and bridges of the respective county.
Ala. Code § 23-1-411 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-411
Section 23-1-411 Definitions
Status: in_force

As used in this article, the following terms have the following meanings:

(1) AIRPORT. Any area of existing land or man-made construction, except a restricted landing area, that is currently used, made available, or designed for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing, maintenance, or repair of aircraft, and whether or not facilities are provided for receiving and discharging passengers or cargo, so long as such area meets the minimum requirements as to size, design, surfacing, marking, equipment, and management provided by the department for airports owned or operated by a political subdivision. A military airport under the control of the federal government is an airport for purposes of this article.

For purposes of this article, only a publicly owned, public use airport shall be considered to be an airport; provided, however, that a heliport shall not be considered to be an airport for purposes of this article. For purposes of this article, a facility constructed to serve as a publicly owned, public use airport after May 20, 2009, shall be deemed to be an airport upon its approval by the FAA, its being licensed by the department as an airport, and beginning commercial service operations.

(2) AIRPORT HAZARD. Any structure, equipment, object of natural growth, or use of land that constitutes a hazard to air navigation as set forth in 14 C.F.R. Section 77 and for which no permit or determination of no hazard has been issued by the FAA.

(3) C.F.R. The Code of Federal Regulations of the United States of America.

(4) DEPARTMENT. The Alabama Department of Transportation and any successor agency.

(5) FAA. The Federal Aviation Administration and any successor agency.

(6) FCC. The Federal Communications Commission and any successor agency.

(7) INTERESTED PARTY. Any person applying for a permit or the owner of the airport hazard which is adversely affected by a determination or order of the department.

(8) OBJECT OF NATURAL GROWTH. Any tree and other plants.

(9) PERMIT. Written approval issued by the department for the construction, erection, alteration, modification, or replacement of any structure or object of natural growth which qualifies as an airport hazard.

(10) PERSON. Any individual, partnership, corporation, company, or other entity, governmental body, administrative agency, personal representative, trustee, or receiver.

(11) POLITICAL SUBDIVISION. The state and any county, municipality, city, town, or subdivision thereof, or any state authority, commission, district, or agency authorized to establish or operate airports in the State of Alabama.

(12) STRUCTURE. Any man-made object constructed, erected, or installed on land or water, including, but not limited to, buildings, towers, smokestacks, utility poles, equipment, and overhead utility transmission and distribution lines. Utility transmission and distribution lines in the vicinity of an airport may be referred to collectively as a group of structures.
Ala. Code § 23-1-103 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-103
Section 23-1-103 Transfer to Counties by State Department of Transportation of Facilities and Properties for Construction, Repair, and Maintenance of Roads; Resolution of Disputes as to Transfers
Status: in_force

The State Department of Transportation shall transfer and turn over to the governing body of each of the captive counties adequate facilities and properties to build, maintain, and repair roads in said county from equipment presently being used by the State Department of Transportation in carrying out the functions and duties in relation to roads and bridges in each of said captive counties respective and/or from surplus equipment returned to the state from other counties also, but not limited to road equipment, machinery, and supplies of like kind, amount, nature, and present value as of 1979 to the respective road equipment, machinery, and supplies which each of the captive counties was required to transfer and turn over to the State Department of Transportation in accordance with the legislation enacted prior to the adoption of this article, which legislation required the State Department of Transportation to construct, repair, and maintain roads and bridges in each of the captive counties.

Any dispute which may arise as a result of this section shall be resolved by the majority of the members of a committee consisting of the Director of Transportation or his agent, the chairman of the county governing body of the respective county or his agent, and one member from the legislative delegation of the respective county to be selected by the legislative delegation.
Ala. Code § 23-1-36 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-36
Section 23-1-36 Employees Used on Transferred County Roads and Bridges
Status: in_force

Whenever responsibility for the construction, maintenance, and repair of county roads and bridges is transferred by law from any county commission to the State Department of Transportation, the employees used by the State Department of Transportation in any such county in connection with the construction, maintenance, and repair of the county’s roads and bridges shall be drawn insofar as possible from residents of the county. In the event of a vacancy in any such position of employment in the classified service of the state, the personnel director, upon request of the Director of Transportation that the personnel director certify to him the names of persons eligible for appointment to the position, shall establish a county register of eligibles who are residents of the county in which the vacancy occurs, and the personnel director shall certify the names of persons appearing on the county register for appointment to the position. If, however, no appointment is made from the county register or if there is no county register, appointment shall be made from the statewide register.
Ala. Code § 23-1-212 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-212
Section 23-1-212 Authority of Director of Transportation
Status: in_force

The Director of the State Department of Transportation is hereby authorized to issue such regulations and procedures determined to be necessary or appropriate to carry out this article and the federal Uniform Relocation Act being subject to change at any time, such regulations and procedures will not be subject to the Alabama Administrative Procedure Act.
Ala. Code § 23-7-28 — Alabama Code / Title 23 / Chapter 7 / Section 23-7-28
Section 23-7-28 Performance of Contracts by Legal Residents of Alabama
Status: in_force

Except as otherwise prohibited by Federal law, all contracts funded with the revenue or bond proceeds which are authorized pursuant to this chapter shall be performed by a workforce which consists of only legal residents of the State of Alabama.
Ala. Code § 23-1-92 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-92
Section 23-1-92 Advertisement for Contract Bids - Requirement
Status: in_force

No contract where the estimated cost of the work will exceed $250.00 shall be made except after advertisement for 30 days in some newspaper published in the county, describing the character of the work to be done and the time and place of letting, and then only to the lowest reasonable and responsible bidder for such work, who shall enter into bond in double the amount of such bid, conditioned for the proper performance of such contract according to the plans and specifications and within the time prescribed by the order of the county commission of such work, which bond shall be approved by the judge of probate of said county. Where the estimated cost of the work exceeds $2,500.00, advertisement as above must also be made in a daily paper published in this state of at least 5,000 daily circulation once a week for 30 days. The county commission shall have the right to reject any or all bids.
Ala. Code § 23-1-20 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-20
Section 23-1-20 Creation
Status: in_force

There shall be a State Department of Transportation. Notwithstanding any other provision of law, whenever any act, section of the Code of Alabama 1975, or any other provision of law refers to the State Highway Department, it shall be deemed a reference to the State Department of Transportation.
Ala. Code § 23-1-288 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-288
Section 23-1-288 Penalty for Violation of Division, Etc
Status: in_force

Whoever erects or maintains a sign in violation of the provisions of this division or in violation of rules and regulations promulgated by the director under the provisions of this division shall be guilty of a Class C misdemeanor and shall upon conviction be punished as provided in Title 13A.
Ala. Code § 23-1-41 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-41
Section 23-1-41 Self-Insurance Program for Department Employees
Status: in_force

(a) The State Department of Transportation is authorized and empowered and may, with the approval of the Governor provide for a self-insurance program covering a certain amount to be paid to the employees of the State Department of Transportation who may be killed or injured in the line and scope of their employment; provided, that the amount paid to any such party on account of death or injury shall not exceed the amount or amounts as provided by the Workers’ Compensation Act of this state. The Director of Transportation may, with the approval of the Governor, enter into an agreement with an agency, company, or corporation qualified to administer a self-insured Workers’ Compensation program to administer the program or, in the alternative, the director may elect to administer the program with State Department of Transportation personnel. The cost of this program shall be paid out of the funds of the State Department of Transportation as provided by law, and to that end and for that purpose, the department may, with the consent and approval of the Governor, disburse any moneys appropriated or set apart for the construction, repair, or maintenance of the public roads, bridges, and highways of this state.

(b) The provisions of the 1981 amendments to this section shall be retroactive to February 1, 1980.

(c) Notwithstanding the provisions of subsection (b) of this section, any reinsurance policies which are in effect as of May 17, 1981, shall continue in force until September 30, 1981.
Ala. Code § 23-1-62 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-62
Section 23-1-62 State Highway Fund - Purposes for Which Used
Status: in_force

(a) All proceeds arising from the sale of state highway bonds and the revenue appropriated to the State Department of Transportation, when received by the State Treasurer, shall be set aside in a special fund known as the State Highway Fund and be used for no other purpose than in the carrying out of the provisions of this chapter. The revenue derived by the state from the sale of motor vehicle, trailer, and tractor licenses and all other appropriations shall be used for the following purposes:

(1) To provide a sinking fund sufficient for the retirement of the said road bonds as they shall mature;

(2) For the expense of the State Department of Transportation and for the maintenance of roads and bridges constructed under the provisions of this chapter; and

(3) For the purchase of supplies and material, livestock, and machinery, and any balance for the construction of roads and bridges.

(b) Annually, at such times as it may deem most convenient or suitable, the State Department of Transportation shall, out of said revenues, set apart a sum sufficient for the providing of said sinking fund and for the further expenses of the State Department of Transportation and the maintenance of roads and bridges, and the sum so set apart shall be used for no other purposes whatever. The proceeds of the sale of state road bonds and the moneys appropriated by Congress under the act known as the Federal Aid Law shall be used exclusively for the purpose of constructing highways and bridges and the acquisition of bridges and of material.
Ala. Code § 23-1-272 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-272
Section 23-1-272 Declaration of Policy
Status: in_force

The Legislature hereby finds and declares:

(1) That outdoor advertising is a legitimate commercial use of private property adjacent to roads and highways;

(2) That the erection and maintenance of outdoor advertising signs, displays, and devices in areas adjacent to interstate highways and primary highways should be regulated in order to protect the public investment in such highways, to promote the recreational value of public travel, to preserve natural beauty, and to promote the reasonable, orderly, and effective display of such signs, displays, and devices;

(3) That outdoor advertising is an integral part of the business and marketing function and an established segment of the national economy and should be allowed to operate in business areas;

(4) Regulatory standards set forth in Section 23-1-274 are consistent with customary use in this state and will properly and adequately carry out each and all of the purposes of this division; and

(5) Motorist directional signs are essential to the economic interests of the state and the interests of the traveling public; therefore, no motorist directional sign not otherwise permitted under Section 23-1-273 shall be removed on a statewide basis, unless by mutual agreement between the sign owner and the State Department of Transportation, until all other nonconforming signs are removed.
Ala. Code § 23-1-59 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-59
Section 23-1-59 Rules and Regulations of Department
Status: in_force

(a) The State Department of Transportation shall have the right and power to adopt all reasonable and necessary rules and regulations for the better construction, repair, and maintenance of the public roads and bridges in Alabama under the jurisdiction of the department which the department shall deem proper. The department shall have the power to enter into contracts and agreements with the owners or operators of telegraph or telephone lines, community antenna television systems, power transmission lines, gas districts, gas, water, sewer, or other pipelines which are constructed, to be constructed, or operated along or across the right-of-way of public roads, bridges, and highways of this state and to prescribe all reasonable rules and regulations as to the construction, repair, or maintenance of the poles, wires, and lines of such telegraph, telephone, community antenna television systems, or power companies, and pipelines of gas districts, gas, water, sewer, or other pipeline companies so as to insure the safety of the travelling public in using the roads, bridges, and highways in this state.

(b) The State Department of Transportation may prescribe any reasonable rules and regulations so as to prevent unnecessary trespassing upon or injury to any of the public roads, bridges, or highways of the state upon which state money may be expended or appropriated or upon any part of the right-of-way of any of the public roads or highways in the state upon which state money may be expended or appropriated.

(c) The State Department of Transportation may prescribe rules and regulations as to the weight or tonnage of vehicles to be used upon any of the public roads, bridges, or highways of the state upon which state money may be expended or appropriated, except as may be otherwise provided by law.

(d) The State Department of Transportation, in addition to the right, authority, and powers conferred upon it by this title, is authorized to make all such reasonable rules and regulations as the department may deem necessary to carry out the provisions of this title.
Ala. Code § 23-1-87 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-87
Section 23-1-87 Expense of Building County Line Bridges, Ferries, or Causeways
Status: in_force

Whenever a bridge, ferry, or causeway is necessary on the line between two counties, the same must be built at the joint expense of such counties, in proportion to the amount of taxable property in each. When the cost of building any county line bridges is so great that it cannot be paid by the counties which such stream divides, which fact may be determined by the county commission of either county, such counties, or either of them, may make such contracts and incur such debt as may be necessary, within constitutional limits, to procure for the use of such counties, or either of them, or the inhabitants thereof, the free use of a thoroughfare for vehicles and foot passengers over or across any bridge that may be built by any person, firm, or corporation over any stream forming the dividing line between such counties; and to pay any debt that may be thereby incurred, any county may issue its bonds when such issue is authorized by vote as required by law. A county line bridge or ferry, in the meaning of this section, shall be construed to be a bridge or ferry across a stream or slough between two counties whether the actual dividing line between said counties runs on either bank or in the center of said stream or slough. If a toll bridge, ferry, or causeway is in operation on any such line, the same may be purchased by either county alone or at the joint expense of the counties connected thereby, in proportion to the taxable property in each.
Ala. Code § 23-1-153 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-153
Section 23-1-153 Incorporation - Certificate
Status: in_force

When the application has been made, filed and recorded as provided in Section 23-1-152, the applicants shall constitute a corporation under the name proposed in the application and the Secretary of State shall make and issue to the applicants a certificate of incorporation, pursuant to this article, under the Great Seal of the State and shall record the same with the application. There shall be no fees paid to the Secretary of State for any work in connection with the incorporation or dissolution of the corporation so organized, which, for convenience, is referred to in this article as “the corporation.”
Ala. Code § 23-7-14 — Alabama Code / Title 23 / Chapter 7 / Section 23-7-14
Section 23-7-14 Investment of Funds
Status: in_force

Money in funds or accounts of the bank may be invested in permitted investments; provided, the investment of any federal funds shall comply with any applicable federal requirements.
Ala. Code § 23-1-241 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-241
Section 23-1-241 Definitions
Status: in_force

For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section:

(1) AUTOMOBILE RECYCLER. Any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.

(2) DIRECTOR. The State Department of Transportation.

(3) INTERSTATE SYSTEM. That portion of the national system of interstate and defense highways located within this state or officially designated, or as may hereafter be so designated, by the director and approved by the United States Department of Transportation pursuant to the provisions of Title 23, United States Code, “Highways.”

(4) JUNK. Old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

(5) JUNKYARD. Any establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk or for the maintenance or operation of an automobile recycler. The term shall include garbage dumps and sanitary fills.

(6) PRIMARY SYSTEM. Any highway that is on the National Highway System, as defined under federal law, which includes the Interstate Highway System.

(7) SCRAP PROCESSOR. Any person, firm, or corporation engaged only in the business of buying scrap iron and metals, including, but not limited to, old automobiles, for the specific purpose of processing into raw material for remelting purposes only and whose principal product is ferrous and nonferrous scrap for shipment to steel mills, foundries, smelters, and refineries and maintaining an established place of business in this state and having facilities and machinery designed for such processing.
Ala. Code § 23-1-279 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-279
Section 23-1-279 Nonconforming Signs - Removal and Payment of Compensation Generally
Status: in_force

(a) Signs outside of business areas which are lawfully in existence on February 10, 1972, but which do not conform to the requirements in this division, are declared nonconforming and, subject to Sections 23-1-280, 23-1-281, and 23-1-282, shall be removed by the sign owner and/or property owner under agreement with the director, or under the authority of the director, upon agreement between the parties as to just compensation. In the event no agreement can be reached as to just compensation, the sign shall be removed and payment made therefor through petition filed in probate court in accordance with Section 23-1-282. Outdoor advertising signs, displays, or devices with the purpose of their message being read from the main-traveled way of any interstate highway or primary highway erected prior to April 11, 1978, outside of an urban area and beyond 660 feet of the edge of the right-of-way of such interstate or primary highway and not otherwise lawful under Section 23-1-273, as amended, are declared nonconforming and, subject to Sections 23-1-280, 23-1-281, and 23-1-282, shall be removed by the sign owner and/or property owner under agreement with the director or under the authority of the director, upon agreement between the parties as to just compensation. In the event no agreement can be reached as to just compensation, the sign shall be removed and payment made therefor through petition filed in probate court in accordance with Section 23-1-282.

(b) Signs lawfully erected after February 10, 1972, and which subsequently do not conform to the requirements of this division, shall be removed by the sign owner and/or property owner under agreement with the director or under the authority of the director, upon agreement between the parties as to just compensation. In the event no agreement can be reached as to just compensation, the sign shall be removed and payment made therefor through petition filed in probate court in accordance with Section 23-1-282.

(c) Should any commercial or industrial activity which has been used in defining or delineating an unzoned area cease to operate, the unzoned area shall be redefined or redelineated based on the remaining activities. Any signs located within the former unzoned area, but located outside the unzoned area based on its new dimensions, shall become nonconforming and, subject to Sections 23-1-280, 23-1-281, and 23-1-282, shall be removed by the sign owner and/or property owner under agreement with the director or under the authority of the director, upon agreement between the parties as to just compensation. In the event no agreement can be reached as to just compensation, the sign shall be removed and payment made therefor through petition filed in probate court in accordance with Section 23-1-282.
Ala. Code § 23-1-432 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-432
Section 23-1-432 (This Section Terminates April 26, 2018, If No Revenue Is Created.) Use of Funds by Department; Reporting Requirements
Status: in_force

(a) The monies allocated to the department from the fund shall at all times be segregated and kept separate from other federal or state road and bridge funds allocated to the department. Monies from the fund shall only be expended for the maintenance, improvement, replacement, and construction of roads and bridges within the state, including the payment of any debt associated with a road or bridge project or as matching funds for any federally-funded road or bridge projects. The department shall not use monies from the fund for any of the following purposes except in accordance with generally accepted accounting principles for job cost accounting or federal cost allocation regulations:

(1) Salaries, benefits, or any other form of compensation for state or contract employees.

(2) The purchase, lease, or maintenance of equipment.

(3) The maintenance or construction of public buildings or other structures that are not roads or bridges.

(b) The funds allocated to the department shall be audited by the Department of Examiners of Public Accounts in the same manner as all other department funds.

(c) On or before October 1 of each year following the creation of the fund, the department shall publicly announce the project or projects which are projected to be funded with the proceeds from the fund during the upcoming fiscal year, and the current list of projects shall be listed on the department’s website at all times. The department’s website shall also include each of the following:

(1) A list of current bid offerings, openings, and awards for each project to be funded in whole or in part with revenues from the fund.

(2) Quarterly progress reports on each ongoing project funded in whole or in part with revenues from the fund, including, but not limited to, costs, anticipated completion dates, and any other relevant information regarding a project.

(d) In addition to the reporting requirements set out in subsection (c), no later than the first day of the regular session of the Alabama Legislature in each year following the creation of the fund, the department shall submit an annual report detailing all expenditures from the fund during the previous fiscal year to each member of the Legislature.
Ala. Code § 23-7-17 — Alabama Code / Title 23 / Chapter 7 / Section 23-7-17
Section 23-7-17 Bonds Authorized
Status: in_force

(a) Whenever it shall become necessary that monies be raised for qualified projects, including monies to be used to refund any bonds then outstanding, the bank may issue bonds as provided in this chapter.

(b) The bank may pledge any of its revenue or funds to the payment of its bonds, subject to any prior pledges for other outstanding bonds or other financial assistance of the bank and, in the case of those revenues described in subdivisions (1) and (2) of subsection (a) and subsection (b) of Section 23-7-6, pledges by Alabama Federal Aid Highway Finance Authority and Alabama Highway Finance Corporation of the revenues for bonds issued by those entities. Bonds may be secured by a pledge of any loan obligation owned by the bank, any grant, contribution, or guaranty from the United States, the state, or any corporation, association, institution, or person, any other financial assistance provided by the bank, any bond insurance, guarantees, letters of credit, or other forms of credit enhancement purchased or otherwise obtained by the bank from any public or private entity, any other property or assets of the bank, or a pledge of any money, income, or revenue of the bank from any source.
Ala. Code § 23-8-6 — Alabama Code / Title 23 / Chapter 8 / Section 23-8-6
Section 23-8-6 Approved Contractors and Suppliers; Bidding
Status: in_force

(a) All county and municipal projects let to contract shall utilize contractors and material suppliers listed on the ALDOT’s list of approved contractors and suppliers. ALDOT’s list of approved contractors and material suppliers shall include the ALDOT’s Certified Disadvantaged Business Enterprise List. Beginning October 1, 2020, and October 1 of every other year, each county and municipality shall provide a list of all contractors who have been awarded projects under this section to the President Pro Tempore of the Senate, the Speaker of the House, and the Chair of the Joint Transportation Committee. Notwithstanding any provision of law to the contrary, no bidding shall be required by the county for asphalt or other road construction or repair materials if the county has an annual contract for providing such materials.

(b) For all municipal projects, the appropriate plans and bid opening date shall be published in electronic form no later than the tenth day of the month preceding the bid opening on a website maintained for that purpose by the Alabama League of Municipalities.

(c) The bidding procedures approved by the Department of Examiners of Public Accounts, as authorized in Section 40-17-371(c)(2)d., may be used for any county road and bridge project otherwise subject to Chapter 2 of Title 39.

(d) Bids for county and municipal contracts awarded under this section shall only be awarded in accordance with Section 39-2-6 during a regularly-scheduled meeting of the governmental body of the county or municipality, as the case may be. Immediately after the completion of each project, the publication notifications required by subsection (f) of Section 39-1-1, shall be satisfied by posting on the same website utilized for the posting of specifications and notice of bid openings.
Ala. Code § 23-1-112 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-112
Section 23-1-112 Maintenance and Repair - Responsibility
Status: in_force

The department is hereby authorized, empowered, directed, and required to maintain and repair, under its control and supervision, such designated municipal connecting link roads, to make appropriations and expenditures out of its funds for such program and is authorized to enter into any and all contracts, inclusive of agreements with cities and towns, and with any federal agency of the United States of America authorized to do so, for such purpose; provided, that nothing contained in this section shall require the department to sweep, sprinkle, or light said municipal link roads.
Ala. Code § 23-1-360 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-360
Section 23-1-360 Financial and Technical Assistance to Municipalities in Connection with Acquisition, Construction of Airports, Landing Fields, or Other Navigational Facilities
Status: in_force

The department pursuant to appropriations made for aeronautics and aeronautical activities, may render financial assistance, and, insofar as is reasonably possible, may offer engineering or other technical services of the department to any municipality or airport authority in connection with the acquisition, construction, expansion, maintenance, or operation, or proposed acquisition, construction, expansion, maintenance, or operation, of any public airport, restricted landing area, or other air navigation facilities.
Ala. Code § 23-1-416 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-416
Section 23-1-416 Valuation of Property Acquired for Airport Expansion
Status: in_force

For the purpose of acquiring property for the expansion of an airport operated by a political subdivision, the value of the property within the existing or future runway protection zone, as depicted on the most current airport layout plan approved by the FAA, shall be based on the fair market value of the property without regard to the property’s location within the existing or future runway protection zone.
Ala. Code § 23-1-384 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-384
Section 23-1-384 Contracts Made During Flight
Status: in_force

All contractual and other legal relations entered into by pilots or passengers while in flight over the state shall have the same effect as if entered into on the land or water beneath.
Ala. Code § 23-1-93 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-93
Section 23-1-93 Advertisement for Contract Bids - Exceptions
Status: in_force

In the event of the destruction of a bridge, or damage thereto, rendering the same impassable, or in any other emergency, the county commission may contract for the repair or rebuilding of such bridge without advertisement if the public good requires it, except in cases where the State Department of Transportation has jurisdiction over such bridges.
Ala. Code § 23-1-390 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-390
Section 23-1-390 Penalties for Violation of This Article
Status: in_force

Except as herein otherwise provided, any person subject to this article who fails to comply with the requirements of, or violates this article, or of any of the rules, regulations, or orders issued pursuant thereto shall be guilty of a Class C misdemeanor. A violation of each rule, regulation, or order shall be considered a separate offense. A person found guilty of a misdemeanor under this article shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six months, or both, with or without revocation of a certificate or license action by the director.
Ala. Code § 23-2-157 — Alabama Code / Title 23 / Chapter 2 / Section 23-2-157
Section 23-2-157 Lease, Grant, Etc., of County, City, Etc., Property to Authority
Status: in_force

All counties, cities, towns, and other political subdivisions and all public departments, agencies, and commissions of the State of Alabama, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant, or convey to the authority at its request, upon such terms and conditions as the proper authorities of such counties, cities, towns, political subdivisions and departments, agencies, or commissions of the state may deem reasonable and fair, and without the necessity for any advertisement, order of court or other action or formality, other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the authority, which real property may include public roads and other real property already devoted to public use.
Ala. Code § 23-1-82 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-82
Section 23-1-82 County Commissions - Eminent Domain
Status: in_force

The county commissions of the several counties of the state are given the right of eminent domain for the purpose of establishing and changing public roads, bridges, and ferries in their respective counties, except in cases where the State Department of Transportation has jurisdiction over such highways. When an appeal is taken from any assessment in a condemnation proceeding brought by a county, such appeal shall not deprive the county obtaining the judgment of condemnation of a right of entry for any and all purposes named in the condemnation proceeding provided the amount of damages assessed shall have been paid into court in money and a bond shall have been given in not less than double the amount of damages assessed, with good and sufficient sureties, to be approved by the clerk of the court to which the appeal is taken, conditioned to pay such damages as the owner of the property may sustain. Said amount of damages may be paid into court and said bond in double the amount of such damages, with good and sufficient sureties, may be given at the time of taking the appeal or at any time thereafter that the applicant may desire the right of entry pending the appeal; provided, however, that in condemnation proceedings in which any county having a population of 400,000 inhabitants or more, according to the last or any subsequent federal census, is a party and where an appeal is taken, such county shall have the immediate right of entry pending said appeal as if a good and sufficient right of entry bond had been filed.
Ala. Code § 23-8-4 — Alabama Code / Title 23 / Chapter 8 / Section 23-8-4
Section 23-8-4 Rebuild Alabama Fund
Status: in_force

There is hereby created the Rebuild Alabama Fund in the State Treasury. All proceeds from the revenues designated to the fund pursuant to the Rebuild Alabama Act less the cost of collection authorized by law shall be deposited into the fund to be expended only as provided in the Rebuild Alabama Act.
Ala. Code § 23-7-23 — Alabama Code / Title 23 / Chapter 7 / Section 23-7-23
Section 23-7-23 Form and Execution of Bonds
Status: in_force

Bonds of the bank shall be in a form and shall be executed in a manner prescribed by the bank.
Ala. Code § 23-1-281 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-281
Section 23-1-281 Nonconforming Signs - Just Compensation - for What Paid
Status: in_force

The just compensation required by the provisions of Section 23-1-280 shall be paid for the following:

(1) The taking from the owner of such sign, all right, title, and interest in and to such sign, and his leasehold relating thereto, and compensation therefor, including severance damage to the remaining portion of the sign, shall be included in the amounts paid to the respective owner, exclusive of any damage of factories involved in manufacturing, erection, maintenance, or servicing of any outdoor advertising signs or displays.

(2) The taking from the owner of the real property on which the sign is located or the right to erect and maintain such signs thereon.
Ala. Code § 23-2-169 — Alabama Code / Title 23 / Chapter 2 / Section 23-2-169
Section 23-2-169 Use of Toll Collection Facility Without Payment; Collection
Status: in_force

(a) The owner and operator of a vehicle driven on a toll road, bridge, causeway, or tunnel and through a toll collection point without payment of the required toll is jointly and severally liable to the authority, department, or private toll entity to pay the required toll, administrative fees, and civil penalty as provided in this article. The authority, department, or private toll entity, or its agent or representative, may pursue collection of the required toll as provided for in this article.

(b) A certified written report or an electronic copy thereof, sworn to or affirmed by the authority, department, or private toll entity, or its agent or representative, that a toll violation has occurred, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a photo or other monitoring system, is prima facie evidence of the violation and is admissible as evidence in any proceeding charging a toll violation pursuant to this article.

(c) The Department of Revenue, upon request, shall provide current Alabama registration information to the department or authority in order to allow the department or authority to implement and administer this article. This information shall be provided in the format that the Department of Revenue provides to the Alabama State Law Enforcement Agency. The information shall not be subject to the fees as provided in Section 32-8-6 and shall only be used for the enforcement of this article. Alternatively, the department, authority, or private toll entity may enter into an agreement with any municipal law enforcement agency, county sheriff, or other authorized agency to provide the registered owner information pursuant to this subsection.

(d) If a vehicle passes through a toll collection point without payment of the required toll and no account is available to which a charge may be applied, the authority, department, or private toll entity, or its agent or representative, shall send by first-class mail or electronic transmission:

(1) A First Toll Invoice Notice to the owner or operator of a vehicle that is identified as having been involved in a toll violation. The First Toll Invoice Notice shall require payment to the authority, department, or private toll entity of the required toll or tolls incurred over the previous billing period, as established by the authority, department, or private toll entity, and may require payment of an administrative fee not to exceed five dollars ($5) per First Toll Invoice Notice. The payment shall be made within 30 days of the mailing or electronic transmission of the notice. The First Toll Invoice Notice shall be sent by the authority, department, or private toll entity, or its agent or representative, within 60 days after receipt of the motor vehicle registration information from the Alabama State Law Enforcement Agency, a municipal law enforcement agency, the county sheriff, or other authorized entity.

(2) A Second Toll Invoice Notice to the owner or operator of a vehicle who has failed to respond to a First Toll Invoice Notice within the required time period. The Second Toll Invoice Notice shall require payment to the authority, department, or private toll entity of the required toll or tolls, and may require payment of an administrative fee not to exceed fifty dollars ($50) per Second Toll Invoice Notice, as set by the authority, department, or private toll entity, within 30 days of the mailing or electronic transmission of the notice.

(3) A Failure to Pay a Toll Citation to the owner or operator of a vehicle who has failed to respond to the Second Toll Invoice Notice within the required time period. The authority or department may issue a Failure to Pay a Toll Citation upon certification by the authority, department, or private toll entity, or its agent or representative, that a toll violation has occurred and the owner or operator has failed to respond to the First Toll Invoice Notice and the Second Toll Invoice Notice as required by this section. The authority or department shall send the citation to the owner or operator associated with the toll violation; provided, if the citation is based on certification by a private toll entity, the private toll entity or its agent or representative shall send the citation. The citation shall be sent by certified mail. The citation shall require payment to the authority, department, or private toll entity of the required toll, and may require payment of an administrative fee not to exceed one hundred dollars ($100), as set by the authority, department, or private toll entity, within 30 days of the mailing of the notice of citation. In addition, the notice shall provide that failure to pay the citation within the required time period may result in the following:

a. The non-renewal of the vehicle registration for the vehicle associated with the citation until the citation and associated fees are resolved.

b. The authority, department, or private toll entity, or its agent or representative, filing a civil suit in the district court of the county in which the violation occurred to collect the toll and all applicable fees and penalties allowed pursuant to this article.

(e) Administrative fees assessed under subsection (d) are not cumulative. The maximum aggregate administrative fee allowed increases from five dollars ($5) to fifty dollars ($50) to one hundred dollars ($100) with each notice issued. An additional administrative fee of up to five dollars ($5) shall be assessed on each citation and paid to the law enforcement or other authorized agency providing the registered owner information to the department, authority, or private toll entity.

(f) The notices and citation required by this section shall also contain the following information:

(1) The name and address of the person or entity alleged to be liable for a failure to pay a toll pursuant to this section.

(2) The license plate registration number and state of issuance of the vehicle involved in the toll violation.

(3) The location where the toll violation occurred.

(4) The date and time of the toll violation.

(5) The identification of the photo or other monitoring system that recorded the violation or other document locator.

(6) Information advising of the manner and time in which liability may be contested.

(7) Notice that failure to contest liability in the manner and time provided in this section is an admission of liability.

(8) Notice that failure to pay a toll and any applicable fees may result in the suspension of the driver’s license and non-renewal of the vehicle registration for the vehicle associated with the citation.

(g) A manual, automatic, or electronic record of the mailing or transmission of the notices or citation prepared in the ordinary course of business is prima facie evidence of the mailing or transmission of the notices or citation.
Ala. Code § 23-1-173 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-173
Section 23-1-173 Incorporation - Certificate
Status: in_force

When the application has been made, filed and recorded, as provided in Section 23-1-172, the applicants shall constitute a public corporation under the name proposed in the application and the Secretary of State shall make and issue to the applicants a certificate of incorporation pursuant to this article, under the Great Seal of the State, and shall record the same with the application. There shall be no fees paid to the Secretary of State for any work in connection with the incorporation or dissolution of the corporation so organized, which, for convenience, is referred to in this article as “the corporation.”
Ala. Code § 23-1-331 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-331
Section 23-1-331 Definitions
Status: in_force

Where used in this article, the following words shall have the following meanings:

(1) BRIDGE REPLACEMENT. Bridge replacement includes the replacement of existing bridge structures and, if necessary, the realignment of the adjacent approaches. If the route is to be four-laned, it includes the construction of a new bridge for the two new lanes.

(2) CONSTRUCTION, CONSTRUCT, or CONSTRUCTING. The act of completing a project. The physical building of the roadway, bridges, and appendages thereto.

(3) COUNTY ROADS. All paved or unpaved public roads, including bridges, within a county on the county road system and continuing into or through the corporate limits of any city or town in a county which are not a part of the state highway system.

(4) DEPARTMENT OF TRANSPORTATION. That state department created by Section 23-1-20.

(5) OBLIGATION LIMIT. That point in obligating or budgeting funds for projects that the Transportation Director may not exceed by approving any additional funding for projects.

(6) PROJECT. An undertaking to construct a particular portion of a highway.

(7) RESURFACING, RESTORATION, and REHABILITATION (RRR). Work undertaken primarily to preserve an existing facility. Restoration and rehabilitation is considered to be work required to return the existing pavement or bridge deck, including shoulders, to a condition of adequate structural support or to a condition adequate for placement of an additional state of construction (bridge deck protective system or resurfacing). Resurfacing consists of the placement of additional surface material over the existing, restored, or rehabilitated roadway or bridge deck to improve service-ability or to provide additional strength. RRR work may include changes to geometric features, such as widening, flattening curves, or improving sight distances.

(8) TRANSPORTATION DIRECTOR. The chief executive officer of the Department of Transportation authorized by Section 23-1-21.

(9) UNOBLIGATED FUNDS. That portion of an appropriation which has not been encumbered by a project budget or a project budget overrun.
Ala. Code § 23-1-287 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-287
Section 23-1-287 Disposition of Fees
Status: in_force

All fees collected for the issuance of permits provided for under this division shall be paid into the State Treasury to be credited to the Public Road and Bridge Fund.
Ala. Code § 23-1-6 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-6
Section 23-1-6 Signs, Markers, and Advertising - on Rights-of-Way
Status: in_force

Signs, markers, and advertising on the rights-of-way of state controlled highways are prohibited except those official signs or markers placed thereon by the State Department of Transportation or under its authority.
Ala. Code § 23-1-286 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-286
Section 23-1-286 Rules and Regulations
Status: in_force

The Director of Transportation is hereby authorized to adopt such rules and regulations as are necessary and appropriate to carry out the provisions of this division.
Ala. Code § 23-1-29 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-29
Section 23-1-29 Legal Division - Charging of Salaries and Expenses
Status: in_force

The salaries of the chief counsel, assistant counsel, stenographic and clerical help, and other expenses of the legal division shall be charged, so far as practicable, to the division or function of the State Department of Transportation for which the expense was incurred.
Ala. Code § 23-1-44 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-44
Section 23-1-44 Right of Entry for Purpose of Making Surveys and Taking Soil Samples
Status: in_force

(a) All officers and employees of the State Department of Transportation are hereby authorized and empowered to enter upon and go across the lands of any individual or corporation in the State of Alabama for the purpose of making any and all surveys necessary for the construction of any highways, roads, and bridges to be constructed by it or under its supervision and to enter upon the property of individuals or corporations for the purpose of securing samples of the land to determine if same can be used as a source of material for the construction, maintenance, and improvement of public highways, roads, and bridges.

(b) Such officers or employees are not relieved of civil liability for any damages caused by any acts authorized in subsection (a) of this section.

(c) Such officers or employees may erect or place such stobs, stakes, monuments, or other markers as may be required in carrying out such survey.
Ala. Code § 23-1-303 — Alabama Code / Title 23 / Chapter 1 / Section 23-1-303
Section 23-1-303 Incorporation - Application
Status: in_force

(a) To become a corporation, the Director of Finance, the Director of Transportation, the Attorney General, the State Treasurer and the Executive Secretary to the Governor shall present to the Secretary of State of Alabama an application signed by them which will set forth:

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

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

(3) The name of the proposed corporation, which shall be Alabama Federal Aid Highway Finance Authority;

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

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

(b) The application shall be subscribed and sworn to by each of the applicants before an officer authorized by laws of the State of Alabama to take acknowledgments to deeds.

(c) The Secretary of State shall examine the application and, if he finds that it substantially complies with the requirements of this section, he shall receive and file it and record it in an appropriate book of records in his office.