reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-314 - Bonds and Notes - Payment Generally.

Section 23-1-314
Bonds and notes - Payment generally.
THIS SECTION WAS AMENDED BY ACT 2022-122 IN THE 2022 REGULAR SESSION, EFFECTIVE MARCH 10, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) For the purpose of providing funds to enable the authority to pay at their respective maturities and due dates the principal of and interest on the obligations that may be issued by it under this article at any time after March 1, 2014, there hereby is irrevocably pledged and appropriated so much as shall be necessary for the purpose of the state's share of net gasoline tax proceeds.
(b) In addition, for the purpose of providing funds to enable the authority to pay at their respective maturities and due dates the principal of and interest on the obligations that may be issued by it under this article, there hereby is irrevocably pledged and appropriated each year all federal aid funds for federal aid projects to be received by the State Department of Transportation from the United States government to the extent that such funds may be required to pay the principal of and interest on such obligations. All federal aid funds for federal aid projects received by the State Department of Transportation from the United States government during each such federal fiscal year shall be held in trust by the state and applied to the extent required to the payment of the principal of and interest on the obligations authorized to be issued under this article.
(c) No later than the date for payment of the principal of and interest on the obligations issued by the authority during each fiscal year, all monies hereby appropriated and pledged shall be paid into the State Treasury and shall constitute a sinking fund which shall be held in trust to be used to pay the principal of and interest on the obligations; provided, however, that the pledge of the state’s share of net gasoline tax proceeds shall be on parity with the pledge contained in Section 23-1-181 to secure obligations issued by the Alabama Highway Finance Corporation. As security for the payment of the principal of and interest on the obligations issued under this article, the authority is authorized to pledge the proceeds of the appropriation and pledge provided for in this section. All pledges made by the authority shall take precedence among themselves in the order of the adoption of the resolutions making such pledges, except as may be otherwise provided in such resolutions.
(Acts 1976, No. 565, p. 764, §15; Acts 1978, No. 583, p. 663; Acts 1981, No. 81-387, p. 574, §10; Acts 1988, No. 88-652, p. 1041, §6; Acts 1992, No. 92-204, p. 495, §1; Act 2000-727, p. 1558, §8; Act 2014-105, p. 169, §1; Act 2022-122, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-315 - Investment of Funds; Pledge of Interest From Investments.

Section 23-1-315
Investment of funds; pledge of interest from investments.
Any funds held as the proceeds of obligations issued by the authority under this article and any funds held by the State Treasurer in the sinking fund provided for the payment of such obligations shall be invested in obligations of the United States of America or in certificates of deposit secured by a deposit of obligations of the United States of America to the full amount of such certificates of deposit, and in investment agreements, repurchase agreements, or other investment arrangements fully collateralized by any of the foregoing, and the interest to be earned on such investment of funds may be pledged by the authority to the payment of the principal of and interest on the obligations issued by the authority under this article.
(Acts 1976, No. 565, p. 764, §16; Act 2014-105, p. 169, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-316 - Payment by State Treasurer of Principal and Interest on Bonds and Notes; Maintenance of Records Pertaining Thereto.

Section 23-1-316
Payment by State Treasurer of principal and interest on bonds and notes; maintenance of records pertaining thereto.
Out of the revenues appropriated and pledged and the sinking fund provided pursuant to Sections 23-1-314 and 23-1-315, the State Treasurer is authorized and directed to pay the principal of and interest on the obligations issued by the authority under this article at the respective maturities or due dates of said principal or interest, and he is further authorized and directed to set up and maintain appropriate records pertaining thereto.
(Acts 1976, No. 565, p. 764, §18.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-317 - Expenditure of Proceeds; Contracts; Rules and Regulations; Conveyance of Property.

Section 23-1-317
Expenditure of proceeds; contracts; rules and regulations; conveyance of property.
(a) If such action shall be necessary in order to comply with any federal legislation relating to federal aid in construction of roads and highways, the authority may authorize the State Department of Transportation to expend directly any portion of proceeds from obligations issued under this article for constructing, reconstructing and relocating federal aid projects or work incidental or related thereto.
(b) All contracts of the authority for the construction, reconstruction and relocation of federal aid projects, and work incidental or related thereto and the acquisition of property necessary therefor, shall be in writing, shall be subject to the rules and regulations and shall be let under the supervision of the State Department of Transportation and shall be subject to approval by the Governor and by the State Department of Transportation. All work provided for in any such contract shall be supervised by the State Department of Transportation.
(c) All persons engaged in the supervision or performance of any such work of construction, reconstruction or relocation that may be done by the authority without the award of a contract therefor shall be employees of the State Department of Transportation.
(d) The authority shall make and enforce all reasonable rules and regulations not inconsistent with the terms of this article or the laws of the State of Alabama as may, in its opinion, be proper and suitable for the protection of said federal aid projects and approaches and appurtenances thereto and for the safety of the traveling public; provided, however, that the above provisions shall apply only to the extent that they are not in conflict with any federal legislation, regulation or requirement relating to federal aid in federal aid projects construction.
(e) Any property acquired by the authority by purchase, condemnation or otherwise shall be forthwith conveyed to the State of Alabama.
(f) All federal aid projects constructed by the corporation shall constitute part of the public highway system in the state.
(Acts 1976, No. 565, p. 764, §17; Acts 1981, No. 81-387, p. 574, §11; Acts 1988, No. 88-652, p. 1041, §7; Acts 1992, No. 92-204, p. 495, §1; Act 2000-727, p. 1558, §9.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 10 - Federal Aid Highway Finance Authority. › Section 23-1-318 - Dissolution.

Section 23-1-318
Dissolution.
At any time when no securities of any kind of the authority, whether issued under this article or under authorization contained in any other act, are outstanding, the authority may be dissolved upon the filing with the Secretary of State of an application for dissolution, which shall be subscribed by each of the members of the authority and which shall be sworn to by each such member before an officer authorized to take acknowledgments to deeds. Upon the filing of said application for dissolution, the authority shall cease and any property owned by it at the time of its dissolution shall pass to the State of Alabama. The Secretary of State shall file and record the application for dissolution in an appropriate book of record in his office and shall make and issue, under the Great Seal of the State, a certificate that the authority is dissolved and shall record the said certificate with the application for dissolution.
(Acts 1976, No. 565, p. 764, §19.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 11 - Rural Access Program. › Section 23-1-330 - Short Title.

Section 23-1-330
Short title.
This article shall be known as the Rural Access Program Act (RAP).
(Acts 1995, No. 95-396, p. 807, §1.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 11 - Rural Access Program. › Section 23-1-331 - Definitions.

Section 23-1-331
Definitions.
Where used in this article, the following words shall have the following meanings:
(1) BRIDGE REPLACEMENT. Bridge replacement includes the replacement of existing bridge structures and, if necessary, the realignment of the adjacent approaches. If the route is to be four-laned, it includes the construction of a new bridge for the two new lanes.
(2) CONSTRUCTION, CONSTRUCT, or CONSTRUCTING. The act of completing a project. The physical building of the roadway, bridges, and appendages thereto.
(3) COUNTY ROADS. All paved or unpaved public roads, including bridges, within a county on the county road system and continuing into or through the corporate limits of any city or town in a county which are not a part of the state highway system.
(4) DEPARTMENT OF TRANSPORTATION. That state department created by Section 23-1-20.
(5) OBLIGATION LIMIT. That point in obligating or budgeting funds for projects that the Transportation Director may not exceed by approving any additional funding for projects.
(6) PROJECT. An undertaking to construct a particular portion of a highway.
(7) RESURFACING, RESTORATION, and REHABILITATION (RRR). Work undertaken primarily to preserve an existing facility. Restoration and rehabilitation is considered to be work required to return the existing pavement or bridge deck, including shoulders, to a condition of adequate structural support or to a condition adequate for placement of an additional state of construction (bridge deck protective system or resurfacing). Resurfacing consists of the placement of additional surface material over the existing, restored, or rehabilitated roadway or bridge deck to improve service-ability or to provide additional strength. RRR work may include changes to geometric features, such as widening, flattening curves, or improving sight distances.
(8) TRANSPORTATION DIRECTOR. The chief executive officer of the Department of Transportation authorized by Section 23-1-21.
(9) UNOBLIGATED FUNDS. That portion of an appropriation which has not been encumbered by a project budget or a project budget overrun.
(Acts 1995, No. 95-396, p. 807, §2.)
2023 Code of Alabama › Title 23 - Highways, Roads, Bridges and Ferries. › Chapter 1 - Alabama Highways. › Article 11 - Rural Access Program. › Section 23-1-333 - County to Maintain Roads Constructed With Funds.

Section 23-1-333
County to maintain roads constructed with funds.
Any county road constructed with Rural Access Program funds under this article shall be maintained by the county in which the road is located. At the time that an application for Rural Access Program funds in the construction of any county road or county roads is approved, the county shall make provisions for the maintenance of the road or roads thereafter in accordance with standards established by the Department of Transportation and shall enter into an agreement with the Department of Transportation pertaining thereto. In the event any county shall fail to maintain to the satisfaction of the Department of Transportation any county road constructed pursuant to this article, the Department of Transportation may thereafter decline to enter into further contracts pursuant to this article with the county so long as such failure on the part of the county continues.
(Acts 1995, No. 95-396, p. 807, §4.)
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 23-1-350 - Purpose of Article.

Section 23-1-350
Purpose of article.
It is the purpose of this article to facilitate the development of aeronautics, promote safety in aeronautics, and provide a uniform mechanism for overseeing and regulating aeronautics within the state by repealing existing statutes establishing the Alabama Department of Aeronautics and the Alabama Aeronautics Commission and transferring their functions, authority, and organization to the Alabama State Department of Transportation.
(Act 2000-220, p. 328, §3.)
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 23-1-351 - Transfer of Property, Funds, Authority, and Jurisdiction to the State Department of Transportation.

Section 23-1-351
Transfer of property, funds, authority, and jurisdiction to the State Department of Transportation.
All matters of any nature whatsoever which have heretofore come under the authority, jurisdiction, or purview of, or have been administered, overseen, or executed by the Alabama Department of Aeronautics or the Alabama Aeronautics Commission, as well as all physical properties and funds allocated to or in the possession of the Alabama Department of Aeronautics or the Alabama Aeronautics Commission, are hereby transferred to the Alabama Department of Transportation. All real and personal properties and funds transferred pursuant to this article shall be used solely and exclusively for the purpose of executing the operations, functions, programs, and responsibilities of aeronautics as provided for in this article and for the general promotion of aeronautics in this state.
(Act 2000-220, p. 328, §4.)
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 23-1-353 - Transfer of Personnel.

Section 23-1-353
Transfer of personnel.
The current Director of the Alabama Department of Aeronautics shall be transferred to the Alabama State Department of Transportation into a Merit System position classified as Aeronautics Administrator, which position shall be assigned an appropriate pay range by the State Personnel Board as set forth in the Merit System Act and personnel board regulations, but in no event shall compensation be less than at salary range 86. The current Executive Assistant of the Alabama Department of Aeronautics shall be transferred to the Alabama State Department of Transportation into a Merit System position classified as Aeronautics Specialist, which position shall be assigned an appropriate pay range by the State Personnel Board as set forth in the Merit System Act and personnel board regulations, but in no event shall compensation be less than at salary range 75. The State Personnel Department shall take all necessary action to create and establish the positions within the state merit classification system. All other full-time personnel of the Alabama Department of Aeronautics and the Alabama Aeronautics Commission created pursuant to Section 4-2-30, shall be transferred to the Alabama State Department of Transportation in their current classifications. All transferred personnel shall be covered by the state Merit System and entitled to all privileges and responsibilities as other Merit System employees, and their service and removal shall be subject to the state Merit System rules and regulations.
(Act 2000-220, p. 328, §6.)
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 23-1-354 - Aeronautics Commission - Composition; Qualifications; Appointment; Terms of Office; Compensation; Removal.

Section 23-1-354
Aeronautics Commission - Composition; qualifications; appointment; terms of office; compensation; removal.
The Alabama Aeronautics Commission, previously created pursuant to Section 4-2-30, shall serve in an advisory capacity to the Director of the Alabama State Department of Transportation. The commission shall consist of the Director of Public Safety, the Director of the Alabama Development Office, and 12 members representing each congressional district appointed by the Governor. The Governor shall appoint the remaining five additional members, for a term of four years, a representative from the air carrier airport boards. The 12 members of the commission serving on May 13, 2000, shall continue to serve for the remainder of their terms of office as designated by the Governor at the time of their original appointment. Successor appointees shall serve for terms of four years in the same manner as their predecessors, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Each member shall serve until the appointment of his or her successor. The members of the commission appointed by the Governor shall be citizens and bona fide residents of Alabama qualified by their knowledge of, and experience and interest in, aeronautics. At least two of the members shall be or shall have been experienced private, commercial, civil, or military aircraft pilots having had not less than 200 hours of solo flying. Members of the commission appointed by the Governor shall be paid in the amount of fifty dollars ($50) per day for each day they are engaged in the performance of their duties as commission members, but no member of the commission may receive more than twelve hundred dollars ($1,200) for such services in any one fiscal year. Reimbursement for mileage expenses shall be in accordance with state law and the rules and regulations of the department. The members of the commission serve at the pleasure of the Governor and may be removed by the Governor for inefficiency, neglect of duty, misuse of office or malfeasance in office, or for other good and just cause.
(Act 2000-220, p. 328, §7.)
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 23-1-355 - Aeronautics Commission - Responsibilities.

Section 23-1-355
Aeronautics Commission - Responsibilities.
The commission shall serve in an advisory capacity to the Director of the Alabama State Department of Transportation and shall have the responsibility to advise the director in all phases of aeronautics and other matters that seriously affect aeronautical interests within the state.
(Act 2000-220, p. 328, §8.)
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 23-1-356 - Aeronautics Commission - Meetings; Election of Officers.

Section 23-1-356
Aeronautics Commission - Meetings; election of officers.
(a) The commission shall hold a regular annual meeting on the second Tuesday in June at a time and place designated by the director. Additional meetings of the commission may be held as the needs of aeronautics may require at a time and place specified by the director. The director shall give written notice of all regular and special meetings to each commission member by mailing a notice seven days prior to the meeting date to each commission member at his or her known address. At all regular and special meetings of the commission, no action shall be taken by less than a majority of the commission. All regular and special meetings of the commission shall be open to the public and seven days' notice thereof shall be made to all persons who have signified in writing to the director their desire to receive notices by mailing to their last known address a written notice of meetings.
(b) At the regular annual meeting, the commission shall elect from among its members, a chair, vice-chair, and a secretary, each to serve for one year.
(Act 2000-220, p. 328, §9.)
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 23-1-357 - Department - General Supervision Over Aeronautics; Cooperation With Federal Government and Political Subdivisions of the State; Promulgation of Rules and Regulations.

Section 23-1-357
Department - General supervision over aeronautics; cooperation with federal government and political subdivisions of the state; promulgation of rules and regulations.
(a) The department shall have general supervision over all phases of aeronautics within the state pertaining to the planning and development of the state airport system plan and the inspection, acquisition, establishment, construction, expansion, improvement, maintenance, management, and operation of airports, restricted landing areas, and other air navigation facilities.
(b) The department shall cooperate with and assist the federal government, the political subdivisions of this state, and others engaged in aeronautics or in the promotion of safe aeronautical practices and shall seek to coordinate the aeronautical activities of these bodies. It shall assist in the development of aeronautics and aeronautical facilities within the state for the purpose of safeguarding the interest of the general public and those engaged in all phases of aeronautics.
(c) The department may perform such acts, issue and amend such orders, and make, promulgate, or amend general or special rules, regulations, and procedures and establish minimum standards, consistent with the provisions of this article as it shall deem necessary to carry out the provisions of this article and to perform its duties hereunder, all commensurate with and for the purpose of protecting and insuring the general public interest, health, welfare, and safety.
(Act 2000-220, p. 328, §10.)
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 23-1-359 - Authority and Procedure for Adoption of Rules and Regulations.

Section 23-1-359
Authority and procedure for adoption of rules and regulations.
(a) The department may adopt all reasonable and necessary rules and regulations to carry out the provisions of this article.
(b) The rules and regulations previously promulgated by the Alabama Department of Aeronautics and the Alabama Aeronautics Commission pursuant to authority granted under Section 4-2-37, shall upon May 13, 2000 become a part of the administrative regulations of the Department of Transportation with such amendments as necessary to comply with the provisions of this article.
(Act 2000-220, p. 328, §12.)
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 23-1-360 - Financial and Technical Assistance to Municipalities in Connection With Acquisition, Construction of Airports, Landing Fields, or Other Navigational Facilities.

Section 23-1-360
Financial and technical assistance to municipalities in connection with acquisition, construction of airports, landing fields, or other navigational facilities.
The department pursuant to appropriations made for aeronautics and aeronautical activities, may render financial assistance, and, insofar as is reasonably possible, may offer engineering or other technical services of the department to any municipality or airport authority in connection with the acquisition, construction, expansion, maintenance, or operation, or proposed acquisition, construction, expansion, maintenance, or operation, of any public airport, restricted landing area, or other air navigation facilities.
(Act 2000-220, p. 328, §13.)
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 23-1-361 - Authority to Accept and Receive Federal Funds for State Acquisition, Construction, etc., of Airports and Other Navigational Facilities; Authority to Act as Agent of Municipalities for Same Purpose; Terms and Conditions for Disbursement of Federal Funds.

Section 23-1-361
Authority to accept and receive federal funds for state acquisition, construction, etc., of airports and other navigational facilities; authority to act as agent of municipalities for same purpose; terms and conditions for disbursement of federal funds.
(a) The department may accept, receive, and receipt for federal and other monies, for and on behalf of the state, any municipality, county, or airport authority thereof, for the acquisition, construction, expansion, improvement, maintenance, or operation of airports and other air navigation facilities, whether the work is done by the state, or by municipalities, counties, or airport authorities, or jointly, aided by grants of aid from the United States, upon the terms and conditions prescribed by the United States and any rules or regulations made thereunder.
(b) The department shall act as the agent for each municipality, county, and airport authority for the purpose of applying for, receiving, and disbursing federal funds made available pursuant to the provisions of the Airport and Airway Development Act of 1970, 49 U.S.C. § 1701 et seq., as amended, unless a municipality, county, or airport authority owns an airport having a minimum of 10,000 originating enplanements in a calendar year on regularly scheduled airline carriers as certified by the Federal Aviation Administration, in which event the municipality, county, or airport authority may act as principal with respect to any airport owned by it, or it may designate the department as its agent for the purpose aforementioned.
(c) All funds received by the department from the United States government shall be deposited in the State Treasury to be kept and disbursed in a manner consistent with the provisions of this article and with federal requirements.
(d) All monies accepted for disbursement by the department pursuant to this section shall be deposited in the State Treasury, and, unless otherwise prescribed by the authority from which it is received, shall be kept in separate funds, designated according to the purposes for which monies were made available and held by the state in trust for such purposes. All monies are hereby appropriated for the purposes for which the same were made available, to be expended in accordance with applicable laws and regulations and with this article. The department may, whether acting for the state or as the agent of any of its municipalities, counties, or airport authorities, or when requested by the United States government or any agency or department thereof, disburse monies for the designated purposes, but this shall not preclude any other authorized method of disbursement.
(Act 2000-220, p. 328, §14.)
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 23-1-362 - Authority to Audit Financial Records of Municipality, County, and Airport Authority Receiving Funds.

Section 23-1-362
Authority to audit financial records of municipality, county, and airport authority receiving funds.
The department may audit the financial records of any municipality, county, and airport authority which receives any of the funds appropriated or allocated by the state insofar as may be necessary to determine that the funds are used solely and exclusively for the purpose of improving, maintaining, or preserving the state airport system in the state and for no other purpose. In the event any municipality, county, or airport authority refuses the department or its representative's right to make an audit, or in the event any municipality, county, or airport authority has misused funds, the department may direct the withholding of any further distribution of state funds to a municipality, county, or airport authority until a time as it has reimbursed and restored to the state the amount misused. The State Treasurer, Director of Finance, and the Commissioner of Revenue shall comply with any withholding orders issued by the department under this section.
(Act 2000-220, p. 328, §15.)
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 23-1-363 - Authority to Receive Grants, Donations, Loans, etc., Disposition of Same for General Promotion, Advancement, of Aeronautics.

Section 23-1-363
Authority to receive grants, donations, loans, etc., disposition of same for general promotion, advancement, of aeronautics.
The department may receive grants, donations, gifts, and loans of funds, monies, equipment, materials, and services from any state, county, or municipal governments or any agencies thereof, or from any other person, and the department shall keep a record of all grants and donations. The department may expend the funds solely and exclusively for the general promotion, advancement, and safety of aeronautics and for the construction, improvement, expansion, or maintenance of public use airports or other air navigation facilities or services in the state, which shall include the joint establishment or provision of aeronautical facilities in cooperation with other state or federal departments or with other political subdivisions of the state, separately or together.
(Act 2000-220, p. 328, §16.)
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 23-1-364 - State Airports Development Fund.

Section 23-1-364
State Airports Development Fund.
A fund known as the State Airports Development Fund is hereby created. The following shall be deposited in the fund to the credit of the department:
(1) The revenue received from all taxes levied on aircraft fuel and other aeronautical facilities or services or persons engaged in aeronautical activities.
(2) All other funds appropriated or allocated by the state specifically for the engineering, construction, expansion, improvement, maintenance, and operation of airports either alone or jointly with municipalities, counties, or airport authorities of the state or with the federal government, or both.
(3) The proceeds from the sale of all bonds which may be issued for the aforementioned purposes.
(4) Any grants and donations received pursuant to Section 23-1-361.
(Act 2000-220, p. 328, §17.)
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 23-1-365 - Disposition and Disbursement of State Airports Development Fund and Other Funds.

Section 23-1-365
Disposition and disbursement of State Airports Development Fund and other funds.
All monies deposited into the State Airports Development Fund shall be expended for the purposes for which the monies are allocated in accordance with this article. In addition to the State Airports Development Fund, other special funds shall be created into which shall be deposited any and all federal grants-in-aid funds which may be allocated to the state for airport development or other aeronautical purposes, which funds shall be handled and accounted for in the manner prescribed by the United States government and its appropriate agencies.
(Act 2000-220, § 18.)
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 23-1-366 - Disbursement of State Appropriated Funds; Exception as to Funds Deposited in Surplus Military Fields Fund.

Section 23-1-366
Disbursement of state appropriated funds; exception as to funds deposited in Surplus Military Fields Fund.
(a) The distributions, expenditures, withdrawals, and disbursements of any state appropriated funds in the State Treasury to the credit of, or under the supervision and control of, the department as specified by this article shall be only in the amounts and for the purpose as provided in the general appropriation bill, and any and all expenses incurred by the department in the administration of laws, rules, and regulations pertaining to aeronautics shall be budgeted, allotted, and expended pursuant to Article 4 of Chapter 4 of Title 41.
(b) Subsection (a) shall not be construed to apply to any funds deposited into the Surplus Military Fields Fund pursuant to any sale or lease of property deeded to the state by the United States of America. The use of funds shall be governed by any restrictions or agreements imposed by the government of the United States or its appropriate agencies. The director shall determine the amounts and in which depositaries to invest the funds. All interest or revenues accruing from investments shall be used only for acquiring, constructing, expanding, improving, or maintaining the state airport system but within the restrictions imposed by the United States government. Any income or revenues from the sale or lease of any real property of any military airport surplus land shall be deposited into the Surplus Military Fields Fund.
(c) The sale or lease of any real property of any military airport surplus land shall be accomplished in compliance with any restrictions imposed by, or agreements with, the United States government, and the laws of this state.
(Act 2000-220, p. 328, §19.)
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 23-1-367 - Enforcement of Aeronautics Law; Enforcement Powers Generally.

Section 23-1-367
Enforcement of aeronautics law; enforcement powers generally.
It shall be the duty of the director, and every state, county, and municipal officer charged with the enforcement of state and municipal laws to enforce and assist in the enforcement of this article and of all rules and regulations issued pursuant thereto and of all other laws of this state relating to aeronautics. The director may, in the name of the state, enforce the provisions of this article and the rules and regulations issued pursuant thereto by injunction in the courts of the state. The director may use the facilities and services of other agencies of the state to the utmost extent possible, and agencies are authorized and directed to make available the facilities and services.
(Act 2000-220, p. 328, §20.)
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 23-1-368 - Investigations; Administration of Oaths; Subpoena of Witnesses; Enforcement of Subpoena.

Section 23-1-368
Investigations; administration of oaths; subpoena of witnesses; enforcement of subpoena.
The director may conduct investigations and hold inquiries relating to this article. All investigations conducted shall be open to the public. The director may administer oaths and affirmations, certify official acts, issue subpoenas, and compel the attendance and testimony of witnesses and the production of papers, books, and documents. In case of failure to comply with any subpoena or order issued under the authority granted by this article, the director may invoke the aid of any circuit court of the state. The court may order the witness to comply with the requirements of the subpoena or order or to give evidence relating to the matter in question. Any failure to obey the order of the court may be punished by the court as contempt thereof.
(Act 2000-220; p. 328, §21.)
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 23-1-369 - Reports of Investigations; Limitations on Use; Prohibitions Against Compulsion of Testimony.

Section 23-1-369
Reports of investigations; limitations on use; prohibitions against compulsion of testimony.
Notwithstanding any other provision of law to the contrary, in order to facilitate the making of investigations by the director in the interest of public safety and promotion of aeronautics, the public interest requires, and it is therefore provided, that the reports of investigations or hearings or any part thereof shall not be admitted in evidence or used for any purpose in any suit, action, or proceeding growing out of any matter referred to in the investigation, hearing, or report thereof, except in case of criminal proceedings instituted on behalf of the department or of the state under this article and other laws of the state relating to aeronautics, nor shall the director or any officer or employee of the department be required to testify to any facts ascertained in, or information gained by reason of, his or her official capacity, or be required to testify as an expert witness in any suit, action, or proceeding involving any aircraft or air navigation facility. Subject to the foregoing provisions, the director may make available to appropriate federal and state agencies information and material developed in the course of hearings and investigations.
(Act 2000-220, p. 328, §22.)
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 23-1-370 - Intervention in Certain Controversies.

Section 23-1-370
Intervention in certain controversies.
The department may participate as a party plaintiff or defendant, or as an intervener on behalf of the state or any municipality or citizen thereof, in any controversy concerning any claimed encroachment by the federal government or any foreign state upon any state or individual rights pertaining to aeronautics.
(Act 2000-220, p. 328, §23.)
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 23-1-371 - Formulation, Adoption, of Aircraft Approach Plans; Airspace Reservations.

Section 23-1-371
Formulation, adoption, of aircraft approach plans; airspace reservations.
(a) The Legislature finds that an airport hazard endangers the lives and property of the general public, the users of airports, and the occupants of land in their vicinity, and reduces the size of the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, the creation, establishment, or maintenance of an airport hazard is a public nuisance and harms the community served by the affected airport; it is therefore necessary in the interest of the public health and safety and general welfare that the creation or establishment of airport hazards be prevented and both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, abatement, or marking or lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property rights therein.
(b) The department shall formulate, adopt, and revise airport approach plans for each public use airport in this state. Each airport approach plan shall determine and indicate the circumstances in which structures and trees are airport hazards, the airport hazard area within which measures for the protection of the airport's aerial approaches should be taken, and what the height limits and other objectives of measures should be taken. In adopting or revising a plan, the department shall consider, among other factors, the character of the flying operations to be conducted at the airport, the nature of the terrain, the height of existing structures and trees above the elevation of the airport, and the possibility of lowering or removing existing structures that create an airport hazard. The department may obtain and consider the views or findings of the agency of the federal government charged with the fostering of civil aeronautics, as to the aerial approaches necessary to the safe flying operations at the airport.
(c) In the interest of protecting the public health and safety and general welfare, the department may declare or set aside airspace reservations over specific land and water areas.
(Act 2000-220, p. 328, §24.)
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 23-1-372 - Approval of Sites and Licensing of Airports.

Section 23-1-372
Approval of sites and licensing of airports.
(a) The Legislature finds that airports, restricted landing areas, and other air navigation facilities shall be suitable for the purposes for which they are designated and licensed, and the advantages of uniform regulation make it desirable that airports, restricted landing areas, and other air navigation facilities shall be constructed and maintained in conformity, as nearly as may be, with current federal laws, rules, and regulations governing civil aeronautics in the United States.
(b) The department shall approve sites for airports and restricted landing areas, and shall license airports, restricted landing areas, and air navigation facilities in accordance with this article and the rules and regulations promulgated by the department at the recommendation of the commission. The licenses issued shall be renewed annually by the department. Licenses granted to airports, restricted landing areas, and other air navigation facilities prior May 13, 2000, and pursuant to Section 4-2-72 and Section 4-2-73, shall remain in force, subject to renewal by the department. Licenses shall be granted for airports and restricted landing areas which were being actively operated on July 9, 1945, without the requirement of a certificate of approval, unless the department determines that the operation of an airport or restricted landing area is hazardous to persons operating, using, or traveling in aircraft, or to persons and property on the ground. The department shall not charge a fee for site approval certificates of proposed property acquisitions for airport or restricted landing area purposes or for the issuance of original licenses or renewals thereof for airports or restricted landing areas.
(Act 2000-220, p. 328, §25.)
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 23-1-373 - Certificate of Approval or License for Airport, Landing Field - Standards for Issuance.

Section 23-1-373
Certificate of approval or license for airport, landing field - Standards for issuance.
In determining whether to issue a certificate of approval or license for any proposed airport or restricted landing area, the director may consider proposed location, size, and layout, the relationship of the proposed airport or restricted landing area to other airports that may exist in the area and to a comprehensive plan for statewide and nationwide airport development, whether there are safe areas available for expansion purposes, whether the adjoining area is free from obstructions or airport hazards based upon appropriate aircraft performance characteristics, and the nature of the terrain, the estimated cost of preparation of the land and the airport's approach and departure paths, and the nature of the uses to which the proposed airport or restricted landing area will be put subject to the possibilities for other future aeronautical development.
(Act 2000-220, p. 328, §26.)
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 23-1-374 - Revocation, Refusal to Issue or Renew License; Procedure for Review Under the Alabama Administrative Procedure Act.

Section 23-1-374
Revocation, refusal to issue or renew license; procedure for review under the Alabama Administrative Procedure Act.
In any case where the director refuses to issue a certificate of approval, license, or renewal of license for an airport, restricted landing area, or other air navigation facility, or refuses to allow any aircraft to be operated, or in any case where the director shall issue any order requiring certain things to be done, or revoking any license or certificate, the director shall set forth the reasons therefor and shall state the requirements to be met before approval will be given, license granted, or order modified or changed. Any order made by the director pursuant to this article shall be delivered either in person or by certified mail, return receipt requested, to the interested persons. Any person aggrieved by an order of the director may request a hearing pursuant to the Alabama Administrative Procedure Act, Section 41-22-1, et seq. A hearing shall be requested within 30 days after receipt of the order. If no timely request for a hearing is made, the order of the director shall be final. Any appeal from a final order of the director shall be made to the Circuit Court of Montgomery County and shall be governed by the provisions of the Alabama Administrative Procedure Act.
(Act 2000-220, p. 328, §27.)
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 23-1-375 - Operation of Airport, Landing Field, Without License Prohibited; Application for Certificate of Approval of Proposed Airport or Landing Field; Limitation of Operations Conducted on Licensed Airport.

Section 23-1-375
Operation of airport, landing field, without license prohibited; application for certificate of approval of proposed airport or landing field; limitation of operations conducted on licensed airport.
(a) Except as otherwise provided in this article, a person or a municipality, officer, or employee of a municipality may not operate an airport, restricted landing area, or other air navigation facility without a license issued by the department. All proposed airports, restricted landing areas, and other air navigation facilities shall be licensed by the department prior to use and operation. Any municipality, county, airport authority, or person acquiring property for the purpose of constructing or establishing an airport or restricted landing area shall, prior to acquisition, apply to the department for a certificate of approval of the site selected and the general purpose or purposes for which the property is to be acquired, to insure that the property and its use conform to minimum standards of safety and serve the public interest. The operations conducted on a licensed airport may be limited by the department to an extent consistent with the public interest, health, safety and welfare, and any other factors deemed relevant by the director.
(b) Airport licenses issued in accordance with this article shall be prominently displayed in the principal administrative office, hangar, or other building at the airport at all times.
(Act 2000-220, p. 328, §28.)