HB70 Alabama 2010 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsor

Mac McCutcheon

Session

Regular Session 2010

Title

Transportation Commission, established, members, terms, compensation, appointment of Director of Transportation Department, Secs. 23-1A-1, 23-1A-2, 23-1A-3 added; Secs. 23-1-21, 23-1-21.2, 23-1-22, 23-1-30, 23-1-34, 23-1-39, 23-1-42, 23-1-50, 23-1-54, 23-1-55, 23-1-58, 23-1-59, 23-1-60, 23-1-61, 23-1-249, 23-1-286 am'd.; Secs. 23-1-41, 23-1-63 repealed

Summary

HB70 creates the Alabama Transportation Commission to oversee the Department of Transportation, appoint a director and chief engineer, manage contracts and funds, and shift certain regulatory powers to the commission.

What This Bill Does

The bill establishes a five-member Alabama Transportation Commission appointed by the Governor with six-year terms (initial terms are staggered) and sets qualifications, diversity goals, and per-diem compensation for members. It creates the Director of Transportation as the department head with duties, bonding, and a compensation cap, and it requires the director to appoint a chief engineer with the Governor’s approval. The commission and the director gain authority over planning, policy, and procurement for highways and related transportation projects, and the commission takes over certain rulemaking powers (junkyard controls and outdoor advertising) from the director. The bill also consolidates legal, budgeting, and administrative functions within the department, allows local entities to participate in public transportation planning, and repeals certain existing provisions (self-insurance for employees and inauguration date limitations) while expanding road-related authority and funding mechanisms.

Who It Affects

• Members of the Alabama Transportation Commission, the Director of Transportation, and the Chief Engineer, through new appointment methods, terms, compensation rules, duties, bonding, and oversight structures.
• Contractors, private firms, and local government entities involved in road construction, repair, and maintenance, due to new contract approval processes, procurement rules, conflict-of-interest prohibitions, and targeted goals for participation (e.g., 35% black contractor goal).

Key Provisions

• Creates a five-member Alabama Transportation Commission appointed by the Governor for initial six-year to two-year terms, with staggered start and diversity requirements; members serve part-time and cannot hold certain other public positions.
• Commission responsibilities include establishing planning programs, transportation policies (general aviation, railways, waterways), periodic system reviews, and adopting rules for the act; the commission oversees funding and the letting of highway-related contracts.
• Establishes the Director of Transportation as the chief executive officer, appointed by the Governor with the commission’s input, with a compensation cap not to exceed 15,000 dollars above the highest DOT Merit System salary; requires bonding and qualifications; the director appoints the Chief Engineer with Governor approval.
• Creates the Chief Engineer as a DOT position, subject to merit system regulations, with salary and travel provisions similar to other DOT employees; the Chief Engineer serves under the Director.
• Transfers or broadens authority for the department’s legal division to advise the commission and director, handle rights-of-way contracts, and represent the state in legal matters related to transportation.
• Requires contract letting for highways, bridges, or culverts to be approved by the Governor and the Commission; imposes conflict-of-interest prohibitions on commission members and DOT personnel; and sets procurement procedures, including supplemental agreements and force account work where bidding is not feasible.
• Shifts certain rulemaking authority from the director to the commission (junkyard rules and outdoor advertising rules), and allows the commission to promulgate rules necessary to carry out the act, with some exceptions from the Administrative Procedure Act for design and construction rules.
• Expands DOT funding authority, including administration of state and federal funds for public transportation, and clarifies use of the State Highway Fund and related revenue sources; updates record-keeping, data access, and public inspections of DOT plans and records.
• Repeals: Section 23-1-41 (self-insurance for department employees) and Section 23-1-63 (inauguration date obligations for the incoming Governor); expands road-related authority such as roads on state institutions being part of the state highway system.
• Authorizes local agreements for public transportation planning and funding administration, and directs the DOT to work with local entities to obtain federal funds and perform transportation planning necessary for federal assistance.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Transportation Commission