AL Code § 23-1-431 (2021)
2021 Code of Alabama|Title 23 - Highways, Roads, Bridges and Ferries.|Chapter 1 - Alabama Highways.|Article 14 - Alabama Transportation Safety Fund.|Section 23-1-431 - (This Section Terminates April 26, 2018, if No Revenue Is created.) Alabama Transportation Safety Fund.

Section 23-1-431(This section terminates April 26, 2018, if no revenue is created.) Alabama Transportation Safety Fund. There is hereby created the Alabama Transportation Safety Fund in the State Treasury. All proceeds from the revenues designated to the fund less the cost of collection authorized by law shall be deposited into the fund to be expended only as provided in this article. The provisions of this article shall not be superseded, amended, altered, violated, or overridden by any provision of the state General Fund appropriation act or any other annual or supplemental appropriation act, administrative rule, inter-agency transfer, or executive order or directive. The monies allocated to counties and municipalities from the fund shall be in addition to and shall not diminish any other revenues allocated or distributed from other sources. Proceeds deposited into the fund shall be distributed as follows: (1) The first thirty-two million dollars ($32,000,000) of the proceeds paid into the fund annually that is derived from an excise tax levied on diesel fuel and designated as a revenue source for the fund shall be set aside and allocated no later than the end of the first quarter in each fiscal year for use on county infrastructure projects. If the excise tax levied on diesel fuel and designated as a revenue source for the fund is not sufficient to produce thirty-two million dollars ($32,000,000) of proceeds, other proceeds paid into the fund shall be allocated to ensure a total of thirty-two million ($32,000,000) of proceeds is set aside and allocated annually for use on county infrastructure projects. In the event the provisions for the revenue sources designated to the fund include factors for growth in the rate of tax levied and the implementation of these factors for growth results in an increase of at least one cent per gallon of both an excise tax levied on gasoline and an excise tax levied on diesel fuel that are designated as revenue sources to the fund or additional revenue is designated to the fund by the enactment of further legislation after January 1, 2016, an additional thirty-two million dollars ($32,000,000) of proceeds paid into the fund each year shall be set aside and allocated for use on county infrastructure projects. The funds allocated in this subdivision shall be expended only for projects authorized pursuant to procedures developed and adopted by the Alabama Transportation Rehabilitation and Improvement Program (ATRIP) Advisory Committee as established in Section 23-1-435. Following the repayment of loan or debt commitments related to any tax exempt debt issued in accordance with Section 23-1-435, the thirty-two million dollars ($32,000,000) of the proceeds to be paid pursuant to this subdivision shall either be used for an additional issue of tax exempt debt or split between the counties equally. All county infrastructure projects authorized pursuant to this subdivision shall be let to contract rather than be performed by county forces and shall be subject to the reporting requirements in Section 23-1-433. (2) Five hundred thousand dollars ($500,000) shall be distributed annually to each county commission of the state, with quarterly distributions of one hundred twenty-five thousand dollars ($125,000) made to each county commission beginning on January 1, 2017. This allocation shall be in lieu of the established distribution of approximately five hundred thirty-three thousand dollars ($533,000) in federal funds being distributed annually to each county of the state by the Department of Transportation prior to April 26, 2016. However, the department may continue to allocate additional federal funds to county projects at its discretion and, if required by federal law, shall also allocate such future federal revenues to future projects on bridges and roads under the maintenance and control of the county commissions of Alabama. All funds distributed pursuant to this subdivision shall be used only for county infrastructure projects. All county infrastructure projects authorized pursuant to this subdivision shall be let to contract by each county utilizing contractors and material suppliers on the department's list of approved contractors and suppliers rather than be performed by county forces and shall be subject to the provisions of Section 23-1-433. The department's list of approved contractors and material suppliers shall include the department's Certified Disadvantaged Business Enterprise List. The county shall provide a list of all contractors who have been awarded projects under this section to the Senate President Pro Tempore and the Speaker of the House every other year, beginning on October 1, 2018. The provisions of this subdivision shall only take effect at such time as a sufficient funding mechanism for the fund also takes effect. (3) 65.9 percent of the remainder of the proceeds after the allocation in subdivisions (1) and (2) shall be allocated and appropriated to the department as the ALDOT share of funds to be used as prescribed in Section 23-1-432. (4) 34.1 percent of the remainder of the proceeds after the allocation in subdivisions (1) and (2) shall be allocated and appropriated as the local share of funds to be used as prescribed in Section 23-1-433. 45.45 percent of the local share shall be allocated equally among the 67 counties of the state and the remaining 54.55 percent of the local share shall be allocated among the 67 counties of the state on the basis of the ratio of the population of each county to the total population of the state according to the then next preceding federal decennial census. Ten percent of the amount paid to each county shall be distributed by the county commission among the municipalities in the county on the basis of the ratio of the population of each municipality to the total population of all municipalities in the applicable county according to the then next preceding federal decennial census. The allocation provided for in this subdivision shall be made on or prior to the tenth day of each month with respect to receipts designated to the fund during the preceding month. (Act 2016-150, §2.)