1 HB15
2 207782-4
3 By Representatives Reynolds and Whitt
4 RFD: Ways and Means General Fund
5 First Read: 02-FEB-21
6 PFD: 10/22/2020
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1
2 ENROLLED, An Act,
3 Relating to the disbursement of certain license
4 taxes and registration fees; to amend Section 40-12-270, Code
5 of Alabama 1975, to provide for an annual distribution to the
6 Alabama Law Enforcement Agency.
7 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
8 Section 1. Section 40-12-270, Code of Alabama 1975
9 is hereby amended to read as follows:
10 "40-12-270.
11 "(a) The moneys collected each month by the judge of
12 probate from motor vehicle license taxes and registration
13 fees, after deducting therefrom the amounts referred to in
14 subdivisions (1) and (2) of subsection (a) of Section
15 40-12-269, the moneys remaining after making the said
16 deductions being referred to in this section as "the net
17 proceeds," shall be disbursed by the judge of probate as
18 follows:
19 "(1) That portion of the net proceeds that consists
20 of additional amounts paid under the schedule of additional
21 amounts set forth in subsection (b) of Section 40-12-248 shall
22 be remitted by the judge of probate to the State Treasurer who
23 shall distribute said amounts as follows:
24 "a. 64.75 percent of said amounts shall be
25 distributed by the State Treasurer to the State of Alabama;
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1 "b. 35.25 percent of said amounts shall be
2 apportioned and distributed by the State Treasurer among the
3 67 counties as follows:
4 "1. A portion of the counties' share of the net tax
5 proceeds that is equal to 42.16 percent of the total net tax
6 proceeds distributed to counties under paragraph (a)(1)b of
7 this section, shall be allocated equally among the 67 counties
8 of the state.
9 "2. The entire residue of the counties' share of the
10 net tax proceeds, being an amount equal to 57.84 percent of
11 the total net tax proceeds distributed to counties under
12 paragraph (a)(1)b of this section, shall be allocated among
13 the 67 counties of the state on the basis of the ratio of the
14 population of each county to the total population of the state
15 according to the then next preceding federal decennial census,
16 or any special federal census heretofore held in any county
17 subsequent to the effective date of the 1980 federal decennial
18 census.
19 "(2) The entire residue of the net proceeds
20 remaining after compliance with subdivision (1) of this
21 subsection shall be distributed as follows:
22 "a. Seventy-two percent of the said residue,
23 referred to in this subdivision, shall be distributed to the
24 State of Alabama and shall be remitted by the judge of probate
25 to the State Treasurer;
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1 "b. Twenty-one percent of the said residue, referred
2 to in this subdivision, shall be remitted by the judge of
3 probate to the municipality in which the owner of the motor
4 vehicle resides or with respect to which it is registered as
5 required by law, or, if the said owner does not reside in, or
6 the motor vehicle is not required by law to be registered with
7 respect to, an incorporated municipality, then to the county
8 in which the license tax or registration fee with respect to
9 the said motor vehicle is paid; and
10 "c. Seven percent of the said residue, referred to
11 in this subdivision, shall be remitted by the judge of probate
12 to the State Treasurer and shall be apportioned by the State
13 Treasurer among the several counties of the state in an amount
14 for each county that bears the same relation to, and
15 constitutes the same proportion of, the total of the said
16 seven percent that the total number of motor vehicles
17 registered in such county bears to the total number of motor
18 vehicles registered in the entire state. The amounts so
19 apportioned to each county shall be distributed by the State
20 Treasurer as follows:
21 "1. Ten percent of the amount so apportioned to each
22 county shall be distributed among the municipalities in the
23 county with respect to which the apportionment is made, each
24 such distribution to be on the basis of the ratio of the
25 population of each such municipality to the total population
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1 of all municipalities in the applicable county according to
2 the then next preceding federal decennial census; and
3 "2. The remaining portion of the amount so
4 apportioned to each county shall be distributed to the county
5 to which such apportionment is made.
6 "(b) Payment of the amounts herein provided to be
7 distributed by the State Treasurer to counties and
8 municipalities shall be made monthly by state warrant and
9 shall be mailed, in the case of such distribution to a county,
10 to the county treasurer (or other officer or entity having the
11 functions of a county treasurer) of that county and, in the
12 case of a distribution to a municipality, to the treasurer of
13 that municipality.
14 "(c) Any municipality incorporated after September
15 30, 1967, shall not participate in the distribution provided
16 for in this section until the fiscal year next succeeding the
17 fiscal year during which it is incorporated. The population of
18 any municipality incorporated subsequent to the taking of the
19 then next preceding federal decennial census shall, until the
20 effective date of the then next succeeding federal decennial
21 census, be deemed to be the population shown by the census for
22 that municipality taken pursuant to the requirements of
23 Section 11-41-4. For the purposes of this section, each
24 federal decennial census shall be deemed to be effective on
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1 October 1 next following the publication of the results of
2 such decennial census.
3 "(d) The amounts remitted to the State Treasurer
4 pursuant to subdivision (2) of subsection (a) of Section
5 40-12-269 and all moneys provided in this section to be
6 distributed to the State of Alabama shall be covered into the
7 Treasury to the credit of the Public Road and Bridge Fund and
8 disbursed as follows:
9 "(1) (1) Paid out of the portion of the motor
10 vehicle license taxes and registration fees that is remitted
11 to the State Treasurer pursuant to subdivision (2) of
12 subsection (a) of Section 40-12-269:
13 "a. One million two hundred thousand ($1,200,000)
14 shall be distributed to the Alabama Law Enforcement Agency
15 (ALEA) each fiscal year to the credit of the Public Safety
16 Fund to be used for the enforcement of state traffic and motor
17 vehicle laws; and
18 "b. The remaining amounts appropriated by the
19 Legislature out of the motor vehicle license taxes and
20 registration fees for the payment of expenses of the state
21 Department of Revenue in the collection of the said taxes and
22 fees, including salaries, cost of tags and other costs of
23 collection, shall be paid out of the portion of said taxes and
24 fees that is remitted to the State Treasurer pursuant to
25 subdivision (2) of subsection (a) of Section 40-12-269;
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1 "(2) So much of the net proceeds distributed to the
2 State of Alabama pursuant to the provisions of this section as
3 shall be necessary for such purpose shall be used for the
4 following purposes in the following order:
5 "a. Payment at their respective maturities of the
6 principal of and interest on bonds, other than refunding
7 bonds, issued by Alabama Highway Authority under the
8 provisions of Acts 1967, Ex. Sess., No. 225, p. 302;
9 "b. Payment at their respective maturities of the
10 principal of and interest on bonds, other than refunding
11 bonds, issued by the said Alabama Highway Authority under the
12 provisions of Acts 1969, No. 781, p. 1398;
13 "c. Payment at their respective maturities of the
14 principal of and interest on bonds, other than refunding
15 bonds, issued by the said Alabama Highway Authority under the
16 provisions of Acts 1971, No. 1416, p. 2414; and
17 "d. Payment at their respective maturities of the
18 principal of and interest on any bonds or other obligations,
19 including refunding obligations, issued after December 1,
20 1977, by a public corporation existing at the time of issuance
21 under the laws of Alabama pursuant to then existing statutory
22 or constitutional authorization, or by the State of Alabama
23 pursuant to authorization, effective at the time of issuance,
24 under the Constitution and laws of the said state, and for
25 which the said net proceeds referred to in this subdivision
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1 (2) shall have been appropriated and pledged in a then
2 effective statute or constitutional provision (including any
3 enabling act under a constitutional provision), all in the
4 manner and to the extent and subject to such priorities in
5 rank as may be provided in such statute or constitutional
6 provision or in an authorizing resolution thereunder; and
7 "(3) The balance of the moneys referred to in
8 subdivisions (1) and (2) of this subsection remaining after
9 compliance with the said subdivisions shall be used by the
10 state Department of Transportation for construction and
11 maintenance of public roads and bridges in the state and for
12 any other purpose for which moneys in the Public Road and
13 Bridge Fund may be lawfully used.
14 "(e)(1) All moneys received by a municipality or
15 county under this section, except that portion of the said
16 moneys that constitute collections from additional amounts
17 paid under the schedule of additional amounts set forth in
18 subsection (b) of Section 40-12-248 and distributed under
19 subdivision (a)(1) of this section, shall be used by such
20 municipality or county exclusively for the construction,
21 improvement, and maintenance of public highways or public
22 streets, including administrative expenses in connection
23 therewith and retirement of securities evidencing obligations
24 incurred for payment of costs of such construction,
25 improvement and maintenance.
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1 "(2) All moneys received by a county under this
2 section which constitute collections from additional amounts
3 paid under the schedule of additional amounts set forth in
4 subsection (b) of Section 40-12-248 and distributed under
5 subdivision (a)(1) of this section shall be used by such
6 county for the construction, including draining, grading,
7 basing, paving, signing, and erosion items, of certain high
8 density unpaved roads as herein provided and for the
9 construction or reconstruction of bridges on such high density
10 roads. The use may also be for the reconstruction,
11 resurfacing, restoration, and rehabilitation of the paved
12 county roads and bridges or bridge replacement on the county
13 road system. The use may also be for the construction,
14 including draining, grading, basing, and paving of certain
15 unpaved roads, and reconstruction of certain paved roads
16 accessing certain public and private recreational facilities
17 and areas.
18 "There is hereby created a committee to be referred
19 to as the Secondary Road Committee comprised of the Chief of
20 the Bureau of Secondary Roads of the state Department of
21 Transportation, two county engineers appointed by the state
22 Director of Transportation and two county commission members
23 appointed by the Governor. The committee members shall serve
24 at the pleasure of the appointing authority. The committee
25 shall elect one of its members to serve as chairman. A quorum
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1 of the committee shall consist of no less than three members.
2 Committee members shall serve without compensation.
3 "The Secondary Road Committee shall develop and
4 publish criteria for the designation of high density roads and
5 bridges and for the designation of eligible recreational
6 access roads. The committee may in its discretion provide
7 different criteria for counties according to population,
8 topography, and road mileage. The committee shall also develop
9 and publish minimum design standards, including allowable cost
10 items, for the construction, reconstruction, surfacing,
11 resurfacing, restoration, and rehabilitation of such high
12 density roads and bridges and recreational access roads.
13 Criteria and standards developed by the committee shall be
14 published by distributing printed copies thereof to the
15 chairman of each county commission in Alabama no later than 90
16 days after June 1, 1984. The committee may from time to time
17 amend the criteria and standards developed provided that at
18 least 60 days' notice is provided in writing to the chairman
19 of each county commission before the effective date of such
20 amendment. The state Department of Transportation shall
21 provide all supplies and clerical help necessary for the
22 committee to execute its responsibilities.
23 "County commissions are hereby required to submit
24 all plans for the use of such proceeds to the Director of
25 Transportation or his designee for approval. The Director of
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1 Transportation or his designee shall review all plans and
2 approve them or disapprove them, based on the criteria and
3 standards developed by the committee.
4 "The funds distributed to the counties under this
5 subsection shall not be commingled with other funds of the
6 county except the counties' portion of the inspection fee
7 distributed under Section 8-17-91, and shall be kept and
8 disbursed by such county from a special fund only for the
9 purposes hereinabove provided.
10 "The provisions of this section notwithstanding, any
11 county may at any time deposit all or any portion of such
12 proceeds into the county's special RRR fund as provided for in
13 Section 40-17-224 and may use the proceeds so deposited for
14 any purpose authorized under said section."
15 Section 2. This act shall become effective beginning
16 with the fiscal year ending September 30, 2021 2022, following
17 its passage and approval by the Governor, or upon its
18 otherwise becoming law.
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1
2
3
4 Speaker of the House of Representatives
5
6 President and Presiding Officer of the Senate
7 House of Representatives
8 I hereby certify that the within Act originated in
9 and was passed by the House 09-FEB-21, as amended.
10
11 Jeff Woodard
12 Clerk
13
14
15
16 Senate 29-APR-21 Passed
17
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Statutes affected:
Introduced: 40-12-270
Engrossed: 40-12-270, 40-12-270
Enrolled: 40-12-270, 40-12-270