reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-27 - Legal Division - Salaries.

Section 23-1-27
Legal division - Salaries.
The salaries of the chief counsel and assistant counsel shall be fixed in accordance with the Merit System pay plan for assistant attorneys general and shall be paid as the salaries of other state officials and employees are paid from funds appropriated or otherwise available to the State Department of Transportation.
(Acts 1963, No. 581, p. 1267, §3.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-28 - Legal Division - Offices, etc.; Expenses.

Section 23-1-28
Legal division - Offices, etc.; expenses.
The chief counsel and the assistant counsel shall be furnished with offices, necessary stenographic and clerical help, subject to the provisions of the state Merit System law, and office equipment, stationery, and postage and shall be allowed traveling expenses when traveling on business of the state pursuant to Article 2 of Chapter 7 of Title 36, all to be paid by the State Department of Transportation from funds appropriated or otherwise available therefor.
(Acts 1963, No. 581, p. 1267, §4.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-29 - Legal Division - Charging of Salaries and Expenses.

Section 23-1-29
Legal division - Charging of salaries and expenses.
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.
(Acts 1963, No. 581, p. 1267, §5.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-30 - Legal Division - Functions and Duties.

Section 23-1-30
Legal division - Functions and duties.
The functions and duties of the legal division of the State Department of Transportation shall, as all other assistant attorneys general, include the following:
(1) To advise the Director of Transportation and other personnel of the State Department of Transportation on the legal aspects of all State Department of Transportation business;
(2) To examine and advise as to the legality of all contracts and agreements entered into by the State Department of Transportation or the Director of Transportation;
(3) To take all legal action necessary or desirable in the acquisition of rights-of-way for state and interstate highways;
(4) To appear in court as attorney for the State of Alabama and the State Department of Transportation in the acquisition of rights-of-way for state and interstate highways; and
(5) To represent the State Department of Transportation and the Director of Transportation in all legal proceedings to which the State Department of Transportation or the Director of Transportation is a party.
(Acts 1963, No. 581, p. 1267, §6.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-31 - Legal Division - Private Practice Prohibited.

Section 23-1-31
Legal division - Private practice prohibited.
The chief counsel and assistant counsel shall devote their full time to the State Department of Transportation and shall not, during their incumbency in office, engage in the private practice of law.
(Acts 1963, No. 581, p. 1267, §7.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-32 - Offices; Director Full-Time Position.

Section 23-1-32
Offices; director full-time position.
The State Department of Transportation shall be provided with suitable offices at the State Capitol or such other places as the needs of the department may require, but no office in any other place than the Capitol shall be established as an office of said department without the consent and approval of the Governor in writing. All offices shall be kept open at such times as the business of the department and the convenience and interest of the public may require. The offices shall be conveniently and properly furnished at the expense of the state and shall be the depository for all records of the State Department of Transportation. The Director of Transportation shall give his entire time to the duties of his office.
(Code 1923, §1306; Acts 1927, No. 347, p. 348; Acts 1931, No. 10, p. 7; Code 1940, T. 23, §7; Act 2001-344, p. 446, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-33 - Official Records of Department; Appointment of Assistants and Personnel.

Section 23-1-33
Official records of department; appointment of assistants and personnel.
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.
(Code 1923, §1311; Acts 1927, No. 347, p. 348; Acts 1931, No. 10, p. 7; Code 1940, T. 23, §9.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-34 - Copies of Plans and Specifications to Be Kept; Files and Records Open to Public Inspection; Records as Evidence.

Section 23-1-34
Copies of plans and specifications to be kept; files and records open to public inspection; records as evidence.
The State Department of Transportation shall keep on file in its office copies of all plans and specifications prepared by the State Department of Transportation, and the files and records of such department shall, under reasonable regulations, be kept open for inspection of the public at all reasonable hours. Certified copies of records shall be received in evidence in all the courts of this state.
(Code 1923, §1315; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §12.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-35 - Annual Report to Governor.

Section 23-1-35
Annual report to Governor.
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.
(Code 1923, §1304; Acts 1927, No. 347, p. 348; Acts 1931, No. 10, p. 7; Code 1940, T. 23, §5.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-36 - Employees Used on Transferred County Roads and Bridges.

Section 23-1-36
Employees used on transferred county roads and bridges.
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.
(Acts 1956, 1st Ex. Sess., No. 4, p. 11.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-37 - Use of Convict Labor.

Section 23-1-37
Use of convict labor.
The State Department of Transportation may work convicts in the construction or maintenance of public roads and bridges of Alabama, as may now or may hereafter be provided by law, or may work convicts in the construction, repairing, or maintaining public roads or bridges by contract or agreement with the Department of Corrections as to the number of convicts required to do such work; provided, that the charge for labor of such convicts shall be in accordance with the terms of the contract which shall be negotiated by and between the Director of the State Department of Transportation and the Department of Corrections, with the approval of the Governor, and no other expense incurred by the use of such convicts shall be chargeable to the State Department of Transportation, except such necessary tools and implements used in the construction, repairing, or maintaining of the public roads and bridges upon which the convicts are employed.
(Code 1923, §1337; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §31; Acts 1965, No. 652, p. 1176.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-38 - Paying Expenses of Nonemployees Prohibited.

Section 23-1-38
Paying expenses of nonemployees prohibited.
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.
(Acts 1951, No. 713, p. 1251.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-39 - Seal; Power to Administer Oaths, Etc.

Section 23-1-39
Seal; power to administer oaths, etc.
The State Department of Transportation shall have a seal and shall have the power to administer oaths, take affidavits, and make certificates.
(Code 1923, §1305; Acts 1927, No. 347, p. 348; Acts 1931, No. 10, p. 7; Code 1940, T. 23, §6.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-41 - Self-Insurance Program for Department Employees.

Section 23-1-41
Self-insurance program for department employees.
(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.
(Code 1923, §1303; Acts 1927, No. 347, p. 348; Acts 1935, No. 339, p. 773; Acts 1939, No. 13, p. 9; Code 1940, T. 23, §3; Acts 1951, No. 887, p. 1530; Acts 1981, No. 81-625, p. 1040.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-42 - Roads, etc., Located on State Institutions.

Section 23-1-42
Roads, etc., located on state institutions.
(a) The roads and streets, drives, and parking areas located on the campus of any state institution of higher learning, the Alabama state hospitals, the Partlow State School and Hospital and the Alabama Agricultural Center in the City of Montgomery shall be deemed a part of the state highway system and may be constructed, maintained, and repaired by the State Department of Transportation in the same manner as other highways and roads in the state highway system.
(b) The State Department of Transportation or the director thereof is hereby authorized and empowered to expend any funds in the Public Road and Bridge Fund to effectuate the purpose of this section, provided such expenditure is first approved by the Governor.
(Acts 1959, No. 500, p. 1235.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-43 - State Agricultural Experiment Station Roads.

Section 23-1-43
State agricultural experiment station roads.
The State Department of Transportation shall construct, repair, and maintain all roads on land owned by the state which is located within the boundaries of any state agricultural experiment station or of any branch or substation, and such roads shall be considered a part of the state highway system.
(Acts 1956, 1st Ex. Sess., No. 129, p. 191.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-44 - Right of Entry for Purpose of Making Surveys and Taking Soil Samples.

Section 23-1-44
Right of entry for purpose of making surveys and taking soil samples.
(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.
(Acts 1939, No. 210, p. 363; Code 1940, T. 23, §§40-42.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-45 - Acquisition of Rights-of-Way.

Section 23-1-45
Acquisition of rights-of-way.
Any other provision of law to the contrary notwithstanding, the Director of Transportation shall have authority to acquire the rights-of-way deemed necessary by the State Department of Transportation for the construction of a state road, either by purchase or by the exercise of the right of eminent domain in condemnation proceedings as provided under the laws of this state, or the county or municipality in which such road deemed necessary by the Director of Transportation is located shall acquire such rights-of-way deemed necessary by the Director of Transportation, when requested to do so by said Director of Transportation. Should the county or municipality fail or refuse to acquire said rights-of-way, the Director of Transportation shall have authority to acquire such rights-of-way as first above authorized. Rights-of-way acquired under the provision of this section shall be paid for in the manner prescribed by law.
(Acts 1955, No. 566, p. 1230.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-46 - Changes or Additions to State Road System.

Section 23-1-46
Changes or additions to state road system.
The State Department of Transportation shall have full authority to make such changes or additions to the system of state roads to conform to the requirements of the federal aid law as it may deem proper and construct or maintain the same with state aid under the provisions of this title.
(Code 1923, §1336; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §30.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-47 - Authority to Maintain, etc., City and Town Streets and Roads.

Section 23-1-47
Authority to maintain, etc., city and town streets and roads.
(a) It is hereby declared by the Legislature of Alabama that all city and town streets and roads in the State of Alabama, including viaducts, bridges, and culverts, do now, and will in the future, serve a state purpose and are of benefit to the people of the state, that said streets and roads, including viaducts, bridges, and culverts, are public highways and bridges and that it is a proper and legitimate function for the state to provide for the cost of maintaining, improving, constructing, and reconstructing such streets and roads in cooperation with the city or town involved.
(b) The State Department of Transportation, hereinafter referred to as the department, in cooperation with the city or town involved, is hereby authorized and empowered to make expenditures from its funds for all, or any part of, the costs of maintaining, improving, repairing, constructing, and reconstructing all or any portion of the streets and roads, including viaducts, bridges and culverts, in every city and town in the State of Alabama; provided, however, that nothing contained in this section shall require the department to maintain, improve, repair, construct, or reconstruct the streets and roads or portions thereof in any city or town in the state; and provided further, that nothing contained in this section shall affect the duties and obligations of the department to maintain and repair the streets and roads or any portion thereof in any city or town which are or may hereafter be designated as connecting link roads under the provisions of Article 4 of this chapter.
(Acts 1963, 1st Ex. Sess., No. 34, p. 110.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-48 - Application by Counties for Construction or Maintenance of State Road or Bridge.

Section 23-1-48
Application by counties for construction or maintenance of state road or bridge.
Whenever a county commission shall desire that a state road or bridge on a state road in said county be constructed or maintained with state aid, written application shall be made by the county to the State Department of Transportation under such rules and regulations as the department may prescribe. Such application, when made, shall be considered by the department and, if approved by it, the commissioners shall direct an engineer to view said road or bridge and cause to be made surveys, plans, specifications, and estimates of the cost of construction or maintenance, and the State Department of Transportation may thereupon appropriate out of the State Highway Fund such part of the estimated cost of such work as it may deem proper, and the State Department of Transportation shall proceed to do such work by contract or with its own force. If it deems best, the department may accept appropriations from the county for said work, which shall be paid into the State Treasury to the credit of the State Highway Fund, before the work begins. Whenever a county fails to make application for the construction or maintenance of a road or bridge or the department deems it best for such work to be done, it may proceed to construct or maintain any part of the state road or bridge upon a state road and pay part or all of the cost of such work out of the State Highway Fund.
(Code 1923, §1323; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §20.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-49 - Furnishing of Competent Engineers.

Section 23-1-49
Furnishing of competent engineers.
The State Department of Transportation shall furnish a competent engineer, when needed, during the progress of road or bridge construction, repair, or maintenance in any county under the provisions of this title, who shall supervise said work and see that the plans and specifications are complied with.
(Code 1923, §1324; Acts 1927, No. 347, p. 348; Code 1940, T. 48, §21.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-50 - Authority to Procure Equipment; Payment of Expenses.

Section 23-1-50
Authority to procure equipment; payment of expenses.
Subject to the provisions of Chapter 4, Title 41, the State Department of Transportation is authorized to rent, construct, or purchase such buildings, stock, machinery, tools, materials, and other equipment as it may find necessary for use in carrying out the provisions of this chapter and pay for the same out of the State Highway Fund. It shall also, subject to the provisions of Chapter 4 of Title 41, pay out of said fund the necessary expenses of the department of every description, including traveling expenses of the officials and engineers, superintendents, foremen and clerks, etc., while in the actual performance of their duties authorized or imposed by this chapter and also the cost of all supplies or materials furnished for said department and for the maintenance of all machinery used by the department or its agent.
(Code 1923, §1335; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §29.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-51 - Purchase of Motor Fuels, Oils, Greases, and Lubricants.

Section 23-1-51
Purchase of motor fuels, oils, greases, and lubricants.
(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.
(Acts 1965, No. 580, p. 1077.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-52 - License Exemption for Vehicles of Department.

Section 23-1-52
License exemption for vehicles of department.
Motor vehicles used by the State Department of Transportation, its officials or engineers, shall not be subject to any state, county, or municipal license.
(Code 1923, §1313; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §10.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-53 - Contracts to Do Work - Authority.

Section 23-1-53
Contracts to do work - Authority.
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.
(Code 1923, §1327; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §22.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-54 - Contracts to Do Work - How Drawn and Approved.

Section 23-1-54
Contracts to do work - How drawn and approved.
Every contract for road or bridge construction, repair, or maintenance under the provisions of this chapter shall be made in the name of the State of Alabama, approved by the State Department of Transportation and the Governor.
(Code 1923, §1330; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §24.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-55 - Contracts to Do Work - Preconditions.

Section 23-1-55
Contracts to do work - Preconditions.
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.
(Code 1923, §1333; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §27.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-57 - Agreements and Contracts With Adjoining States and Federal Government Relative to Bridges.

Section 23-1-57
Agreements and contracts with adjoining states and federal government relative to bridges.
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.
(Code 1923, §1320; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §17; Acts 1949, No. 410, p. 582.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-58 - Interest of Employees, etc., in Construction, etc., of Roads and Bridges Prohibited.

Section 23-1-58
Interest of employees, etc., in construction, etc., of roads and bridges prohibited.
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.
(Code 1923, §1321; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §18.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-59 - Rules and Regulations of Department.

Section 23-1-59
Rules and regulations of department.
(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.
(Code 1923, §1319; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §§16, 35; Acts 1969, No. 419, p. 820; Acts 1969, No. 475, p. 931.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-61 - State Highway Fund - Appropriations; Vehicle License Fees Deposited in Fund; Manner of Making Payments From Fund.

Section 23-1-61
State Highway Fund - Appropriations; vehicle license fees deposited in fund; manner of making payments from fund.
There is hereby appropriated to the State Department of Transportation for its use the entire net revenue derived by the state from the sale of motor vehicle, trailer, and tractor licenses, and such other appropriations or funds received by the State Department of Transportation shall be expended and accounted for as provided in this article. Said State Highway Fund shall be paid out of the Treasury on the Comptroller's warrant drawn upon presentation to him of the certificate of the department approved by the Governor.
(Code 1923, §1317; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §14.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-62 - State Highway Fund - Purposes for Which Used.

Section 23-1-62
State Highway Fund - Purposes for which used.
(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.
(Code 1923, §1318; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §15.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-63 - Limitation of Obligations, etc., Outstanding or Authorized on Inauguration Date of Incoming Governor.

Section 23-1-63
Limitation of obligations, etc., outstanding or authorized on inauguration date of incoming Governor.
The Director of Transportation shall not, on the inauguration date of an incoming Governor, have outstanding obligations, encumbrances, or commitments or shall have authorized the obligating, encumbering, or committing of, except for debt service, any more than seven twenty-fourths of the total estimated revenue available to the State Department of Transportation for the first fiscal year of an incoming state administration.
(Acts 1951, No. 609, p. 1053.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › 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.

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.
(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.
(Acts 1995, No. 95-397, p. 813, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 2 - Department of Transportation. › Section 23-1-65 - Disposal of Surplus Personal Property - Availability; List of Surplus Property.

Section 23-1-65
Disposal of surplus personal property - Availability; list of surplus property.
(a) Surplus personal property shall be made available at such times and places as determined to be appropriate by the State Department of Transportation for inspection and acquisition by the agencies determined to be eligible for the acquisition under criteria developed and published by the State Department of Transportation.
(b) The State Department of Transportation shall periodically publish a list of all surplus personal property held by it at the time of the publication.
(c) The published list shall be made available to all state departments, boards, bureaus, commissions, institutions, corporations, or agencies.
(d) The published list shall also be made available to all eligible counties, cities, boards of education, civil defense agencies, and volunteer fire departments.
(e) The State Department of Transportation shall determine the manner in which the list of surplus personal property shall be published.
(Acts 1995, No. 95-397, p. 813, §2.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 3 - Public Roads, Bridges and Ferries. › Section 23-1-80 - County Commissions - Powers and Duties Generally.

Section 23-1-80
County commissions - Powers and duties generally.
The county commissions of the several counties of this state have general superintendence of the public roads, bridges, and ferries within their respective counties so as to render travel over the same as safe and convenient as practicable. To this end, they have legislative and executive powers, except as limited in this chapter. They may establish, promulgate, and enforce rules and regulations, make and enter into such contracts as may be necessary or as may be deemed necessary or advisable by such commissions to build, construct, make, improve and maintain a good system of public roads, bridges, and ferries in their respective counties, and regulate the use thereof; but no contract for the construction or repair of any public roads, bridge, or bridges shall be made where the payment of the contract price for such work shall extend over a period of more than 20 years.
(Code 1923, §1347; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §43; Acts 1953, No. 729, p. 984.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 3 - Public Roads, Bridges and Ferries. › Section 23-1-81 - County Commissions - Authority to Establish, Operate, etc., Bridges, Ferries, Causeways, etc.; Licensing.

Section 23-1-81
County commissions - Authority to establish, operate, etc., bridges, ferries, causeways, etc.; licensing.
(a) The county commission of each county is invested with authority to purchase or establish toll bridges, free bridges, causeways, and ferries or free ferries within their respective jurisdictions as provided in this article and may levy a special tax to purchase or build the bridges and causeways when, in the opinion of the county commission, the public good requires it.
(b) The county commission of each county may also license any individual, group of individuals, partnership, corporation, association, or any other legal entity to establish or to operate toll roads, toll bridges, ferries, or causeways and authorize the licensee to establish and fix the rates of toll. Toll roads and toll bridges that are licensed by a county and which are on or over the line between any two counties shall be licensed by both counties.
(c) The State Department of Transportation may license any individual, groups of individuals, partnership, corporation, association, or any other legal entity to establish or operate toll roads, toll bridges, ferries, or causeways and authorize the licensee to establish and fix the rates of toll.
(d) After a license is issued pursuant to subsection (b) or (c) by a county commission or the State Department of Transportation, no further license of any type from any governmental body or agency, including, but not limited to, a business license, shall be required to construct, own, or operate the toll road or the toll bridge, ferry, or causeway and no further license, tax, or fee may be imposed by any governmental body or agency.
(e) No toll bridge shall be established over the same watercourse within two miles of any other toll bridge.
(f) Nothing contained in this section shall be deemed to limit the authority of the Department of Conservation and Natural Resources to grant easements and licenses with respect to the placement of bridges on state land.
(Code 1852, §1189; Code 1867, §1381; Code 1876, §1678; Code 1886, §1442; Code 1896, §2498; Code 1907, §3023; Code 1923, §6442; Code 1940, T. 23, §45; Acts 1996, 1st Ex. Sess., No. 96-30, p. 40, §1; Act 2000-216, p. 324, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 3 - Public Roads, Bridges and Ferries. › Section 23-1-82 - County Commissions - Eminent Domain.

Section 23-1-82
County commissions - Eminent domain.
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.
(Code 1907, §§5773-5776; Code 1923, §1352; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §44; Acts 1953, No. 595, p. 847.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 3 - Public Roads, Bridges and Ferries. › Section 23-1-83 - Transfer of General Fund Surplus to Road Fund by County.

Section 23-1-83
Transfer of general fund surplus to road fund by county.
The county commission of any county in this state may transfer to the road fund of the county any surplus of the general funds of the county in the county treasury or any part of such surplus whenever, in the judgment of such commission, it will promote the interest of the county to make such transfer. Any surplus of the general fund so transferred shall be used only for the working of the public roads or the building of bridges or otherwise improving the roads of such counties.
(Code 1907, §5766; Code 1923, §1351; Acts 1927, No. 347, p. 348; Code 1940, T. 23, §47.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 3 - Public Roads, Bridges and Ferries. › Section 23-1-84 - Authority of County to Expend Funds Derived From Fees, etc., Levied on Vehicles and Fuels.

Section 23-1-84
Authority of county to expend funds derived from fees, etc., levied on vehicles and fuels.
(a) The several counties of the state are hereby authorized to expend the funds derived from fees, excises, or license taxes levied by the state relating to the registration, operation, or use of motor vehicles upon the public highways, and also the money derived from any fees, excises, or license taxes levied by the state relating to fuels used for propelling such vehicles, for the cost of constructing, reconstructing, maintaining, and repairing of public roads and bridges.
(b) It is the intention of the Legislature by the passage of this section to implement the provisions of Amendment 93 to the Constitution of Alabama 1901.
(c) The provisions of this section are retroactive.
(Acts 1959, 1st Ex. Sess., No. 50, p. 95.)