reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally. › Section 23-1-376 - Authority to Conduct Public Hearings in Considering Application for Approval of Airport.

Section 23-1-376
Authority to conduct public hearings in considering application for approval of airport.
The director may conduct public hearings for the purpose of gathering information and public comment on the consideration of an application for approval of an airport or a restricted landing area, or an original license to use or operate an airport, restricted landing area, or other air navigation facility. Notice of any public hearing shall be published not less than 15 days prior to the date of any public hearing in a newspaper of general circulation in Montgomery County, Alabama, or county seat of the county in which the proposed airport, restricted landing area, or other air navigation facility is proposed to be situated. The notice of public hearing shall provide the date, time, and place of public hearing, a statement of the purpose of the public hearing and notice that any interested party shall be provided an opportunity to make comments, either for or against, the matters to be considered at the public hearing.
(Act 2000-220, p. 328, §29.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally. › Section 23-1-377 - Exceptions.

Section 23-1-377
Exceptions.
(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.
(Act 2000-220, p. 328, §30.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally. › Section 23-1-378 - Acquisition, Construction, Operation of Airports, Facilities, Power of Condemnation Generally.

Section 23-1-378
Acquisition, construction, operation of airports, facilities, power of condemnation generally.
(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.
(Act 2000-220, p. 328, §31.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally. › Section 23-1-379 - Acquisition of Easements and Other Airport Protection Privileges.

Section 23-1-379
Acquisition of easements and other airport protection privileges.
Where necessary, in order to provide unobstructed airspace for the landing and taking off of aircraft utilizing airports and restricted landing areas acquired or operated under this article, the department may acquire, in the same manner as provided in Section 23-1-378, easements through or interests in airspace over land or water, interests in airport hazard areas outside the boundaries of the airports or restricted landing areas, and other airport protection privileges as necessary to insure safe approaches to the landing areas of airports and restricted landing areas and the safe and efficient operation thereof. The department may acquire, in the same manner, the right or easement, for a term of years or perpetually, to place or maintain suitable marks for the daytime marking and suitable lights for the nighttime marking of airport hazards, including the right of ingress and egress to or from airport hazards for the purpose of maintaining and repairing lights or marks. The authority granted to the department shall not be construed to limit the right, power, or authority of the state or any municipality to zone property adjacent to any airport or restricted landing area pursuant to any law of this state now existing or hereafter enacted.
(Act 2000-220, p. 328, §32.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally. › Section 23-1-380 - Exercise of Power of Eminent Domain.

Section 23-1-380
Exercise of power of eminent domain.
For purposes of acquiring any property, the department may exercise the right of eminent domain, in the name of the state, pursuant to Chapter 1A, Title 18. The fact that the property needed has been acquired by the owner under the power of eminent domain shall not prevent the property's acquisition by the department by the exercise of the right of eminent domain herein conferred. For purposes of making surveys and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any land, doing no unnecessary damage. Notwithstanding the provisions of any other statute or the charter of any municipality, the department may take possession of any property to be acquired at any time after the filing of the petition describing the same in condemnation proceedings. It shall not be precluded from abandoning the condemnation of any property in any case where possession thereof has not been taken.
(Act 2000-220, p. 328, §33.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally. › Section 23-1-381 - Lease of Property, Airports or Space, Improvements, for Aeronautical Purposes; Airport Concessions.

Section 23-1-381
Lease of property, airports or space, improvements, for aeronautical purposes; airport concessions.
The department may lease for operation for a term not exceeding 30 years, state-owned airports or other air navigation facilities or real property acquired or set apart for airport purposes to any person, municipality, county, airport authority, state government agency or to the federal government or agency thereof. The department may lease or assign for a term not exceeding 30 years to a person, municipality, county, airport authority, state government body, or the federal government, or to any agency of either thereof, for operation or use consistent with this article, space, area, improvements or equipment on an airport; may sell any part of an airport or other air navigation facilities to a municipality or state government, or to the United States government or any agency or instrumentality thereof, for aeronautical purposes or purposes incidental thereto. The department may confer the privileges of concessions of supplying upon the airports goods, commodities, things, services, and facilities; provided, that in each case in so doing, the public is not deprived of its rightful, equal, and uniform use thereof.
(Act 2000-220, p. 328, §34.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally. › Section 23-1-383 - Jurisdiction of Crimes and Torts; State, Municipal, Immunity From Liability.

Section 23-1-383
Jurisdiction of crimes and torts; state, municipal, immunity from liability.
All crimes, torts, and other wrongs committed by or against an airman or passenger while in flight over the state and the question of whether damage occasioned by or to an aircraft while in flight over the state constitutes a tort, crime, or other wrong by or against the owner of an aircraft shall be determined by the laws of the state. No action or suit in tort shall be brought or maintained against the state, governmental entity, or any municipality thereof or the officers, agents, servants, or employees of the state, governmental entity or any municipality thereof, on account of any act done in or about the planning, construction, maintenance, expansion, operation, superintendence, or management of any airport or other navigation facility.
(Act 2000-220, p. 328, §36.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally. › Section 23-1-384 - Contracts Made During Flight.

Section 23-1-384
Contracts made during flight.
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.
(Act 2000-220, p. 328, §37.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally. › Section 23-1-385 - Domestic Animals or Fowl on Airports.

Section 23-1-385
Domestic animals or fowl on airports.
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.
(Act 2000-220, p. 328, §38.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally. › Section 23-1-386 - Trespass Upon and Operation of Vehicles on Airports.

Section 23-1-386
Trespass upon and operation of vehicles on airports.
(a) A person may not trespass upon the area within the boundaries of any airport or operate any vehicles upon or drive across any licensed airport, restricted landing area, or other aeronautical facility, unless the areas are used for administrative, inspection, and maintenance purposes and are operated by the municipalities, counties, airport authorities, department personnel, or municipal law enforcement officers having jurisdiction.
(b) A person may not willfully damage, deface, or extinguish any beacon, marker, navigational light, directional sign, or landing area lights provided or erected in the state for the guidance of aircraft.
(c) Violation of this section is a Class C misdemeanor.
(Act 2000-220, p. 328, §39.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally. › Section 23-1-387 - Use of Aircraft for Hunting, Prohibited.

Section 23-1-387
Use of aircraft for hunting, prohibited.
A person may not hunt, pursue, harass, wound, kill, or otherwise harm any wild waterfowl or other birds or animals by any means whatever during the time the person is on any kind of aircraft. Violation of this section is a Class C misdemeanor.
(Act 2000-220, p. 328, §40.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally. › Section 23-1-388 - Reckless Operation of Aircraft.

Section 23-1-388
Reckless operation of aircraft.
A person who operates any aircraft within the airspace over, above, or upon the lands and waters of the state, carelessly and heedlessly in willful or wanton disregard of the rights or safety of others or without due caution and circumspection or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of a Class C misdemeanor.
(Act 2000-220, p. 328, §41.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally. › Section 23-1-389 - Unauthorized Use, Possession, etc., of Aircraft.

Section 23-1-389
Unauthorized use, possession, etc., of aircraft.
A person who willfully and without authority takes possession of or uses an aircraft or unlawfully removes or takes any component parts of an aircraft and any person who shall assist in, or be a party to, the taking, illegal possession of, or use of an aircraft or component parts belonging to another shall be guilty of a Class C felony.
(Act 2000-220, p. 328, §42.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally. › Section 23-1-390 - Penalties for Violation of This Article.

Section 23-1-390
Penalties for violation of this article.
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.
(Act 2000-220, p. 328, §43.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally. › Section 23-1-391 - Effective Date of Transfer of Balances, Funds.

Section 23-1-391
Effective date of transfer of balances, funds.
All contractual rights, obligations of, and unexpended balances of appropriations and other funds or allocations of the Alabama Aeronautics Commission and the Alabama Department of Aeronautics shall be transferred to the Alabama Department of Transportation within 30 days after the passage of Act 2000-220 under the provisions of Act 2000-220 and as specified for those funds in any appropriations bill or as otherwise specified by law.
(Act 2000-220, p. 328, §45.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 13 - Airport Airspace Safety Act of 2009. › Section 23-1-410 - Short Title.

Section 23-1-410
Short title.
This article shall be known as the Airport Airspace Safety Act of 2009.
(Act 2009-579, p. 1701, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 13 - Airport Airspace Safety Act of 2009. › Section 23-1-412 - Airport Hazards - Permits for Construction, Alteration, etc.; Removal, Modification, etc..

Section 23-1-412
Airport hazards - Permits for construction, alteration, etc.; removal, modification, etc..
(a) In order to prevent airport hazards, a person shall secure a permit from the department for the construction, erection, alteration to a greater height, modification to a greater height, or replacement to a greater height of any structure within the state that qualifies as an airport hazard and meets any of the following criteria:
(1) The FAA issues a determination of presumed hazard or a determination of hazard.
(2) The person is required, but fails, to file a completed Form 7460-1 with the FAA.
(b) Notwithstanding subsection (a), a person shall not be required to obtain a permit from the department for the construction, erection, alteration, modification, or replacement of any structure if the FAA has issued a determination of no hazard to air navigation for that structure.
(c) This article shall not be construed to require the removal, lowering, or other change, modification, or alteration of any structure or object of natural growth which constitutes an airport hazard as of May 20, 2009. Notwithstanding, whenever a structure constituting an airport hazard has been abandoned for over six months, or whenever a structure or an object of natural growth is more than 50 percent down, destroyed, deteriorated, dead, or dying, persons desiring to restore to a greater height, rebuild to a greater height, or replace to a greater height such structure or object of natural growth shall be required, subject to the provisions of subsection (b), to obtain a permit in accordance with this article.
(d) This article shall not be construed to require the removal, lowering, or other change, modification, or alteration of any structure or object of natural growth which becomes an airport hazard after May 20, 2009, as a result of the expansion or modification of an airport or as a result of the construction of a new airport. In the event that an airport expands or modifies an existing airport or constructs a new airport after May 20, 2009, and the structure owner relocates or modifies its structure to accommodate the expansion, modification, or construction, then the structure owner shall be reimbursed for these costs.
(e) In determining whether to issue, deny, or condition a permit, the department may consider any information or circumstances it deems appropriate. In addition to other considerations, the department shall consider both of the following:
(1) Whether the applicant has complied with all applicable federal requirements concerning notification of a proposed structure.
(2) Whether the FAA has conducted an aeronautical evaluation.
(Act 2009-579, p. 1701, §3.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 13 - Airport Airspace Safety Act of 2009. › Section 23-1-414 - Zoning Laws or Ordinances Control.

Section 23-1-414
Zoning laws or ordinances control.
(a) In the event of conflict between the requirements of this article and zoning laws or ordinances that regulate the height and location of airport hazards, and that meet or exceed the standards contained in 14 C.F.R. Part 77, that have been duly adopted by political subdivisions where an airport is located, the local zoning laws and ordinances shall control. The department shall publish and maintain a list of all political subdivisions with zoning laws or ordinances that meet or exceed the standards contained in 14 C.F.R. Part 77.
(b) Nothing in this article shall be construed to authorize or expand the power of a political subdivision to establish local zoning laws or ordinances with respect to airport hazards, structures, groups of structures, or objects of natural growth.
(Act 2009-579, p. 1701, §6.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 13 - Airport Airspace Safety Act of 2009. › Section 23-1-415 - Enforcement.

Section 23-1-415
Enforcement.
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.
(Act 2009-579, p. 1701, §7.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 13 - Airport Airspace Safety Act of 2009. › Section 23-1-416 - Valuation of Property Acquired for Airport Expansion.

Section 23-1-416
Valuation of property acquired for airport expansion.
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.
(Act 2009-579, p. 1701, §8.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 13 - Airport Airspace Safety Act of 2009. › Section 23-1-417 - Severability.

Section 23-1-417
Severability.
Should any portion of this article be declared unconstitutional, void, or invalid by a final decision of any court of competent jurisdiction, this article, in its entirety, shall become null and void as of the date of that final decision of the court.
(Act 2009-579, p. 1701, §9.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 14 - Alabama Transportation Safety Fund. › Section 23-1-430 - Definitions. (This Section Terminates April 26, 2018, if No Revenue Is created.)

Section 23-1-430
Definitions. (This section terminates April 26, 2018, if no revenue is created.)
As used in this article, the following words have the following meanings:
(1) DEPARTMENT. The Department of Transportation.
(2) FUND. The Alabama Transportation Safety Fund.
(Act 2016-150, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 14 - Alabama Transportation Safety Fund. › Section 23-1-432 - (This Section Terminates April 26, 2018, if No Revenue Is created.) Use of Funds by Department; Reporting Requirements.

Section 23-1-432
(This section terminates April 26, 2018, if no revenue is created.) Use of funds by department; reporting requirements.
(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.
(Act 2016-150, §3.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 14 - Alabama Transportation Safety Fund. › Section 23-1-436 - (This Section Terminates April 26, 2018, if No Revenue Is created.) Termination of Article.

Section 23-1-436
(This section terminates April 26, 2018, if no revenue is created.) Termination of article.
The provisions of this article shall automatically terminate two years after the effective date of this article if no revenue is created.
(Act 2016-150, §7.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 4 - Toll Tunnels and Bridges Designated as Parts of Interstate Highway System. › Section 23-2-120 - Maintenance of Tolls; Prohibition Against Further Bonded Indebtedness.

Section 23-2-120
Maintenance of tolls; prohibition against further bonded indebtedness.
Repealed by Act 2009-769, §1, effective May 22, 2009.
(Acts 1957, No. 450, p. 612, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 4 - Toll Tunnels and Bridges Designated as Parts of Interstate Highway System. › Section 23-2-121 - When Newly Constructed Tunnel or Bridge Deemed Part of Existing Facility.

Section 23-2-121
When newly constructed tunnel or bridge deemed part of existing facility.
Repealed by Act 2009-769, p. 2364, §1, effective May 22, 2009.
(Acts 1957, No. 450, p. 612, §2.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 4 - Toll Tunnels and Bridges Designated as Parts of Interstate Highway System. › Section 23-2-122 - Toll Facilities to Be Operated as Free Facilities After Payment of Outstanding Indebtedness.

Section 23-2-122
Toll facilities to be operated as free facilities after payment of outstanding indebtedness.
Repealed by Act 2009-769, p. 2364, §1, effective May 22, 2009.
(Acts 1957, No. 450, p. 612, §3.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 5 - Alabama Toll Road, Bridge and Tunnel Authority. › Section 23-2-140 - Short Title.

Section 23-2-140
Short title.
This article shall be known, and may be cited, as the Toll Road, Bridge and Tunnel Authority Act.
(Acts 1980, No. 80-691, p. 1377, §25.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 5 - Alabama Toll Road, Bridge and Tunnel Authority. › Section 23-2-141 - Intent and Purpose of Article.

Section 23-2-141
Intent and purpose of article.
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.
(Acts 1980, No. 80-691, p. 1377, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 5 - Alabama Toll Road, Bridge and Tunnel Authority. › Section 23-2-148 - Refunding Bonds; Purposes.

Section 23-2-148
Refunding bonds; purposes.
The authority may provide by resolution for the issuance of refunding bonds for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this article, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the authority, for the additional purpose of constructing improvements, extensions or enlargements of the toll road, bridge or tunnel project or projects in connection with which the bonds to be refunded shall have been issued.
The authority is further authorized to provide by resolution for the issuance of its bonds for the combined purpose of:
(1) Refunding any bonds then outstanding which shall have been issued under the provisions of this article, including the payment of any redemption premium thereof and any interest accrued or to accrue to the date of redemption of such bonds; and
(2) Paying all or any part of the cost of any additional project or projects.
The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the authority in respect to the same, shall be governed by the provisions of this article insofar as the same may be applicable.
(Acts 1980, No. 80-691, p. 1377, §8.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 5 - Alabama Toll Road, Bridge and Tunnel Authority. › Section 23-2-150 - Authority to Collect Tolls, Revenues, etc.; to Lease to Utilities; Toll Rates Adjusted to Conform to Trust Agreement.

Section 23-2-150
Authority to collect tolls, revenues, etc.; to lease to utilities; toll rates adjusted to conform to trust agreement.
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.
(Acts 1980, No. 80-691, p. 1377, §10.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 5 - Alabama Toll Road, Bridge and Tunnel Authority. › Section 23-2-151 - Revenues Deemed Trust Funds; Depository Deemed Trustee.

Section 23-2-151
Revenues deemed trust funds; depository deemed trustee.
All moneys received pursuant to the authority of this article, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this article. The resolution authorizing the bonds of any issue or the trust agreement securing such bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this article and the resolution or trust agreement may provide.
(Acts 1980, No. 80-691, p. 1377, §11.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 5 - Alabama Toll Road, Bridge and Tunnel Authority. › Section 23-2-152 - Bondholder's and Trustee's Rights of Enforcement; Scope of Rights.

Section 23-2-152
Bondholder's and trustee's rights of enforcement; scope of rights.
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.
(Acts 1980, No. 80-691, p. 1377, §12.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 5 - Alabama Toll Road, Bridge and Tunnel Authority. › Section 23-2-154 - Bonds Legal Investments for All Purposes; Entitled to Be Deposited With State Officers or Agencies.

Section 23-2-154
Bonds legal investments for all purposes; entitled to be deposited with state officers or agencies.
Bonds issued by the authority under the provisions of this article are hereby made securities in which the state and all political subdivisions of this state, their officers, boards, commissioners, departments or other agencies; all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business; all insurance companies, insurance associations and other persons carrying on an insurance business; and all administrators, executors, guardians, trustees and other fiduciaries; and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the state may properly and legally invest any funds, including capital belonging to them or within their control. The bonds or other securities or obligations are hereby made securities which properly and legally may be deposited with and received by any state or municipal officer or agency of the state for any purpose for which the deposit of bonds or other obligations of the state is now or hereafter may be authorized by law.
(Acts 1980, No. 80-691, p. 1377, §14.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 5 - Alabama Toll Road, Bridge and Tunnel Authority. › Section 23-2-155 - Authority to Maintain Own Toll Roads, Bridges, and Tunnels.

Section 23-2-155
Authority to maintain own toll roads, bridges, and tunnels.
Each toll road, bridge and tunnel project when constructed and opened to traffic shall be maintained and kept in good condition and repair by the authority.
(Acts 1980, No. 80-691, p. 1377, §15.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 5 - Alabama Toll Road, Bridge and Tunnel Authority. › Section 23-2-157 - Lease, Grant, etc., of County, City, etc., Property to Authority.

Section 23-2-157
Lease, grant, etc., of county, city, etc., property to authority.
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.
(Acts 1980, No. 80-691, p. 1377, §17.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 5 - Alabama Toll Road, Bridge and Tunnel Authority. › Section 23-2-158 - Annual Report to Legislature; Contents; Annual Audit; Expense.

Section 23-2-158
Annual report to Legislature; contents; annual audit; expense.
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.
(Acts 1980, No. 80-691, p. 1377, §18.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 5 - Alabama Toll Road, Bridge and Tunnel Authority. › Section 23-2-159 - Conflict of Interest; Penalty.

Section 23-2-159
Conflict of interest; penalty.
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.
(Acts 1980, No. 80-691, p. 1377, §19.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 5 - Alabama Toll Road, Bridge and Tunnel Authority. › Section 23-2-160 - Transfer of Projects to State Highway System.

Section 23-2-160
Transfer of projects to state highway system.
When (1) all bonds issued under the provisions of this article and all other debt made or issued to finance any project or projects and the interest thereon and all other obligations related thereto shall have been paid, or a sufficient amount for the payment of all the bonds and debt and the interest thereon and all other obligations related thereto, to the maturity thereof shall have been set aside in trust for the benefit of the holders thereof, and (2) all leases, concessions, and similar agreements and arrangements relating to any project or projects have expired or terminated, then the project or projects, if then in good condition and repair, as determined by the department, shall be transferred by the authority to the state highway system and shall thereafter be owned, operated, and maintained by the department.
(Acts 1980, No. 80-691, p. 1377, §20; Act 2009-769, p. 2364, §2.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 5 - Alabama Toll Road, Bridge and Tunnel Authority. › Section 23-2-161 - Study of Proposed Projects; Reimbursement of Funds; Indebtedness.

Section 23-2-161
Study of proposed projects; reimbursement of funds; indebtedness.
The department is hereby authorized, subject to the approval of the Governor, to expend funds from any available source as may be necessary for the study of any proposed toll road, bridge, or tunnel project authorized under this article and to use its engineering and other forces, including consulting engineers and traffic engineers, for the purpose of effecting the study. All expenses incurred by the department prior to the issuance of revenue bonds under the provisions of this article shall be paid by the department and charged to the appropriate project or projects and the department shall keep proper records and accounts showing each amount so charged.
Upon the sale of toll road, bridge, or tunnel revenue bonds for a toll road, bridge, or tunnel project, the funds so expended by the department in connection with a project shall be reimbursed by the authority to the department from the proceeds of such bonds and thereafter all expenses incurred in carrying out the provisions of this article shall be payable solely from funds provided under the authority of this article.
Nothing in this article shall be construed so as to authorize the authority to incur indebtedness or liability on behalf of or payable by the state or by any of its political subdivisions.
(Acts 1980, No. 80-691, p. 1377, §21; Act 2009-769, p. 2364, §2.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 5 - Alabama Toll Road, Bridge and Tunnel Authority. › Section 23-2-162 - Advertisement of Plans; Public Hearing.

Section 23-2-162
Advertisement of plans; public hearing.
Prior to building a new toll road or expanding capacity on any existing public road for tolling purposes, the Department of Transportation shall advertise for three consecutive weeks in the county or counties where the toll road will be located its intent to build a new toll road or expand capacity on any existing public road for tolling purposes, and it shall conduct a public hearing in each affected county.
(Act 2009-769, p. 2364, §3.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 5 - Alabama Toll Road, Bridge and Tunnel Authority. › Section 23-2-163 - Applicability to Existing Roadway Capacity.

Section 23-2-163
Applicability to existing roadway capacity.
Repealed by Act 2017-375, § 2, effective May 24, 2017.
(Act 2009-769, p. 2364, §4.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 6 - Electronic Toll Collection Act. › Section 23-2-165 - Short Title.

Section 23-2-165
Short title.
This article shall be known as the Electronic Toll Collection Act.
(Act 2017-375, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 6 - Electronic Toll Collection Act. › Section 23-2-166 - Intent and Purpose of Article.

Section 23-2-166
Intent and purpose of Article.
The purpose of this article is to facilitate vehicular traffic and safety in the state by providing for the electronic collection of tolls.
(Act 2017-375, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 6 - Electronic Toll Collection Act. › Section 23-2-168 - Electronic Toll Collection.

Section 23-2-168
Electronic toll collection.
THIS SECTION WAS AMENDED BY ACT 2019-501 IN THE 2019 REGULAR SESSION, EFFECTIVE JANUARY 1, 2024. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
(a) The authority, department, private toll entity, or an agent or representative thereof may collect a toll fee by utilizing a system of collection that is capable of charging an account holder the required toll fee by transmission of information from an electronic toll collection device on a motor vehicle. In addition, for any motor vehicle that does not use an electronic toll collection device, the authority, department, private toll entity, or an agent or representative thereof may utilize a photo-monitoring or other electronic system for toll fee collection.
(b) Any person or entity desiring to pay tolls electronically shall apply to the authority, department, private toll entity, or an agent or representative thereof to become an account holder. The authority, department, private toll entity, or an agent or representative thereof, in its discretion, may deny the application of a person or entity. The denial and reason therefor shall be sent to the applicant by first-class mail or electronic transmission.
(c) A person or entity whose application is accepted shall execute an account holder's agreement. The terms of the account holder's agreement shall be established by the authority, department, private toll entity, or an agent or representative thereof.
(d) If a motor vehicle passes through a toll collection point and the toll fee is not paid through an electronic toll collection device or otherwise, the authority, department, private toll entity, or an agent or representative thereof shall first use the photo-monitoring or other electronic system for the toll road, bridge, causeway, or tunnel to determine if the registered owner of the motor vehicle has established an account for the payment of the toll. If an account has been established, the authority, department, private toll entity, or an agent or representative thereof shall charge the account holder the required toll fee. If an established account cannot be located, or if an established account cannot be charged the required toll, the authority, department, private toll entity, or an agent or representative thereof may attempt to collect the toll as provided in Section 23-2-169.
(Act 2017-375, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 2 - Toll Roads, Bridges and Ferries. › Article 6 - Electronic Toll Collection Act. › Section 23-2-170 - Civil Liability for Toll Violations.

Section 23-2-170
Civil liability for toll violations.
(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.
(Act 2017-375, §1.)