SB155ENROLLED
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SB155
LREFYWW-2
By Senator Chambliss
RFD: Transportation and Energy
First Read: 27-Feb-24
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First Read: 27-Feb-24
Enrolled, An Act,
Relating to transportation; to amend Section 29-2-4,
Code of Alabama 1975, as last amended by Act 2023-534 of the
2023 Regular Session, to require the Department of Revenue
rather than the Department of Transportation to annually
report to the Joint Transportation Committee the total amount
of local motor fuel excise tax revenues collected for the
immediately preceding fiscal year and the total amount of the
revenues expended on road and bridge maintenance and
improvement during that same fiscal year; and to require the
Department of Examiners of Public Accounts rather than the
Joint Transportation Committee to complete an annual report of
the performance of the Department of Transportation in terms
of highway construction, maintenance, and costs of the same.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 29-2-4, Code of Alabama 1975, as
last amended by Act 2023-534 of the 2023 Regular Session, is
amended as follows:
"ยง29-2-4
(a) On or before January 31 of each year, any county or
city required to report local motor fuel excise tax rate
information to the Department of Revenue pursuant to Act
1998-192 shall provide a similar report to the transportation
departmentDepartment of Revenue regarding the total amount of
local motor fuel excise tax revenues collected by the county
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local motor fuel excise tax revenues collected by the county
or city for the immediately preceding fiscal year and the
total amount of the revenues expended on road and bridge
maintenance and improvement during that same fiscal year. The
transportation department Department of Revenue shall collect
the information and deliver a report to the Joint
Transportation Committee on or before March 31 of each year.
(b) The powers and duties of the Joint Transportation
Committee shall be as follows:
(1) It shall review and shall consider concurring with
the long-range plan of the transportation department as such
plan exists at the date of the meeting called for the purpose
of reviewing the plan. The long-range plan referred to herein
is the Statewide Transportation Improvement Program (STIP)
maintained by ALDOT for the purpose of complying with
requirements of the Federal Highway Administration, which plan
is amended multiple times each year for administrative as well
as substantive reasons, and which plan shall be constantly
available on the ALDOT website. A member of the committee may
propose an amendment to the STIP, provided that the proposed
amendment is delivered in writing to the transportation
department by the close of business of the fourth Wednesday
after the draft plan is presented to the committee. The
proposed amendment shall be fiscally constrained within the
funding category shown in the draft STIP. The transportation
department shall prepare and deliver the amendment to each
member of the committee no later than the fourth Wednesday of
the month prior to the next quarterly meeting. Should the
committee, by majority vote, accept the proposed amendment,
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committee, by majority vote, accept the proposed amendment,
the amendment shall be delivered by the chair of the committee
to the Governor for consideration of changing the STIP as
presented by the transportation department.
(2) The update of the transportation department's
annual fund allocation plan shall be presented to the Joint
Transportation Committee at the third quarterly meeting of
each year. The review and consideration of concurrence in the
annual update of the plan shall be accomplished by the Joint
Transportation Committee no later than the last quarterly
meeting of each year. Failure of the Joint Transportation
Committee to concur in the annual update shall not prevent the
transportation department from proceeding with any project.
(3) The transportation department's requested budget
for the following fiscal year shall be presented to the Joint
Transportation Committee at the last quarterly meeting of the
year. It shall review the budget proposed by the
transportation department on an annual basis, which review
shall be completed not later than the first quarterly meeting
of each year. The Joint Transportation Committee shall report
on the budget requests of the transportation department to the
House Ways and Means General Fund Committee and the Senate
Finance and Taxation General Fund Committee and may make
recommendations about the budget to the committees.
(4) An in-progress draft of the annual report outlined
in Section 23-1-35 shall be presented to the Joint
Transportation Committee at the first quarterly meeting of
each year. All comments and input from members of the Joint
Transportation Committee shall be delivered to the
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Transportation Committee shall be delivered to the
transportation department within 30 days of the first
quarterly meeting to allow consideration by the transportation
department prior to publishing.
(5) The transportation department shall prepare and
submit for review by the Joint Transportation Committee a
long-range plan for the transportation department utilizing
objective prioritization criteria consistent with the factors
described in subdivision (11) at the first quarterly meeting
of the year. The plan shall include a narrative of the
condition of the transportation department as well as forward
looking challenges and opportunities. The intent of this
requirement is to allow the Joint Transportation Committee to
assist in avoiding future problems and challenges and to
assist in the development of goals for the transportation
department. This plan may be incorporated into the annual
report as required by Section 23-1-35 or be prepared as a
separate document.
(6) Upon request of the chair, or by a majority vote of
the members of the Joint Transportation Committee, the
Department of Examiners of Public Accounts It shall issue a
report to the Governor, Lieutenant Governor, House of
Representatives, and Senate within 60 days of the second
quarterly meeting, comparing actual performance of the
transportation department in terms of highway construction,
maintenance, and costs of the same, to the original plan for
the immediate preceding fiscal year as well as the five
preceding fiscal years. It shall also make this report
available to the public within 70 days of the second quarterly
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available to the public within 70 days of the second quarterly
meeting.
(7) It shall recommend to the Governor necessary
funding for future transportation department budgets to the
extent necessary beyond funds already provided by law.
(8) It may retain the services of consultants, if
necessary, and consult with other groups and individuals,
including public interest groups, interested individuals, and
appropriate state educational institutions.
(9) It may hold public hearings, shall make diligent
inquiry and a full examination of the long-range future
highway needs of the state, and shall file all reports of its
findings and recommendations with both houses of the
Legislature and with the Governor.
(10) It may call witnesses and do all things necessary
or convenient in connection with and all things incidental to
performance of the foregoing duties and powers.
(11) In performing its functions, the Joint
Transportation Committee shall take into consideration, in
reviewing plans for highway construction and maintenance,
among other factors all of the following:
a. Commuter benefits in the total amount of direct
savings to working men and women traveling to and from their
jobs in the state.
b. Industrial and agricultural growth.
c. Transportation safety.
d. Ecological impacts of transportation projects.
e. Recreation and tourism.
f. Traffic density.
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f. Traffic density.
g. Implications on the routing of school buses.
h. Implications on the operation of public safety and
first responder vehicles.
i. Priority to projects in a location with an
independent local assessment.
j. Priority to projects that provide a county with its
first four-lane access to an interstate."
Section 2. This act shall become effective on June 1,
2024.
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2024.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB155
Senate 04-Apr-24
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Passed: 02-May-24
By: Senator Chambliss
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