Section 29-2-1
Section 29-2-1 Legislative findings and intent; liberal construction of article.
The Legislature hereby finds and declares as follows: A long-range program of highway development in Alabama (herein called 'the state') is vital to the industrial and agricultural growth and to the present and future well-being of the citizens of the state; the highway system in the state must be adequate to meet such expanding needs; the highway construction, modification, maintenance, and administration to support such a system must include long-range planning, soundness in scope of the highway program, efficient performance, and fiscal responsibility in both policy and planning; the enactment of a long-range highway program will further the judicious expenditure of highway funds, will promote the public convenience and public safety, will enhance public confidence in the responsible expenditure of public funds, and will result in tangible benefits to the public by providing a sound program to facilitate vehicular traffic and safety; such a long-range program will establish continuity in highway construction, modification, and maintenance programs, thereby enabling the State of Alabama Department of Transportation (herein called 'the Transportation Department') to operate at maximum efficiency with a greater return in highway benefits for the amount of public funds expended; all citizens and interested parties should be aware of how their highway dollars will be expended well in advance of such expenditures, and because changing of routes affect property values, all plans for such changes should be made known to all citizens simultaneously; such a long-range program requires advance consideration of priority of highway construction and modification projects and of adequate budgets for highway construction, modification, maintenance, and administration; and, to the foregoing ends, it is desirable to create a permanent joint transportation committee of the Legislature which will develop expertise pertaining to highway matters within both legislative bodies and which will insure geographical balance in highway decision making.
This article shall be liberally construed in order to effect the purposes.
(Acts 1975, No. 1218, p. 2540, §1; Acts 1994, 1st Ex. Sess., No. 94-785, p. 76, §1.)Section 29-2-100
Section 29-2-100 Definitions.
The following words shall have the following meanings:
(1) CHILDREN IN STATE CARE. A child who is described by any of the following circumstances:
a. The child's foster care placement is primarily the financial responsibility of the state.
b. The child is under the legal or physical custody of a state agency, including, but not limited to, the Department of Human Resources, the Department of Mental Health and Mental Retardation, and the Department of Youth Services.
c. The Department of Human Resources, the Department of Mental Health and Mental Retardation, the Department of Youth Services, or any other agency is providing out of home services to the child.
d. Children not included under this definition are children whose care is furnished by a child care center, group day care home, or family day care home.
(2) COMMITTEE. The Permanent Joint Legislative Oversight Committee of Children in State Care.
(3) COUNCIL. Interdepartmental Coordination Council on Children in State Care.
(Act 98–612, §1.)Section 29-2-101
Section 29-2-101 Oversight Committee - Created; members; meetings.
There is created a Permanent Joint Legislative Oversight Committee of Children in State Care. The committee shall consist of three members of the House of Representatives appointed by the Speaker of the House and three members of the Senate appointed by the Lieutenant Governor. The committee shall hold its organizational meeting within 30 days after August 1, 1998. The committee shall meet at the call of the chair or any majority of the members thereof; provided, that the committee shall meet at least once each four months. The committee shall have a continuing existence and may meet, act, and conduct its business at any place within this state during the sessions of the Legislature or any recess thereof, and in the interim period between sessions.
(Act 98–612, §2.)Section 29-2-102
Section 29-2-102 Oversight Committee - Assistance; compensation; expenses.
The Secretary of the Senate, the Clerk of the House of Representatives, the Legislative Reference Service, the Legislative Fiscal Office, the Examiners of Public Accounts and the council created pursuant to Section 29–2–105 shall provide any assistance as may be necessary at the committee's request. Each member of the committee shall be entitled to his or her regular legislative compensation, his or her per diem, and travel expenses for each day he or she attends a meeting of the committee which shall be paid out of any funds appropriated for the use of the Legislature, upon warrants drawn on the State Comptroller, upon requisitions signed by the committee's chair; provided however, that members shall not receive additional legislative compensation or per diem when the Legislature is in session but they shall receive their travel expenses for all meetings attended. Annual expenses and compensation of the committee shall not exceed the amount of $10,000.
(Act 98-612, p. 1347, §3.)Section 29-2-103
Section 29-2-103 Oversight committee - Duties.
It shall be the duty of the committee to study and review the criteria for placing and keeping children in state care, to review the criteria for selection of child care providers by state agencies, to review the minimum base pay and distribution of funds for providers, to identify an accountability process for providers, to review the quality of care provided to children by state agencies, to identify an accountability process for state agencies involved in children's services, to review the availability of special services to meet the individual needs of children in state care, to gather input from service providers, state agencies, and children receiving state services concerning their experiences, concerns, and recommendations, and to coordinate the activities of the council.
(Act 98-612, p. 1347, §4.)Section 29-2-104
Section 29-2-104 Report to Legislature.
The committee shall report any findings and recommendations to the Legislature no later than the seventh legislative day of each regular session.
(Act 98-612, p. 1347, §5.)Section 29-2-105
Section 29-2-105 Coordination council - Composition; meetings; duties.
(a) The committee shall convene a council composed of the chair of the committee or his or her designee and the commissioner or the commissioner's designee of each department of state government that administers services to children, youth, and their families, including, but not limited to, the Department of Education, the Department of Human Resources, the Department of Mental Health and Mental Retardation, the Department of Public Health, the Medicaid Agency, the Department of Youth Services, the Department of Rehabilitation Services, one member from the Alabama Association of County Directors of Human Resources appointed by that organization, one member from the Alabama Residential Child Care Association appointed by that organization, two members from the Alabama Foster Parent Association appointed by that organization, one member from the Juvenile Court Judges Association appointed by that organization, one guardian ad litem appointed by the Alabama State Bar, and three additional members appointed by the committee, who diversely represent children in state care, one of whom shall be a parent of a child in state care. Each non-departmental head member of the council shall serve for a term of three years until his or her successor is appointed.
(b) The council shall meet at least once each quarter. The chair of the committee or his or her designee shall serve as chair. The council shall meet at such other times as the chair deems necessary or expedient for the performance of duties and responsibilities. The members of the council shall receive mileage and per diem as provided by Article 2 of Chapter 7 of Title 36, while attending meetings or while performing the official duties of the council from appropriations made by the Legislature to the council. Those members present at meetings of the council shall constitute a quorum.
(c) The council has the following duties and responsibilities:
(1) Provide input on the issues that affect the care of and the services received by children who are in the care of a state agency.
(2) Identify, analyze, and recommend solutions to any issue concerning children's services.
(3) Interpret to the general public the need for foster care and the important service that foster parents provide.
(4) Promote the statewide exchange and pooling of information in the area of children in state care.
(5) Review and make recommendations to the committee concerning state care and child service delivery policies, guidelines, and procedures.
(6) Develop recommendations concerning training to improve the quality of services to children in state care.
(7) Review and advise the committee on pending or enacted legislation, primarily as it concerns children's services, and on agencies' responses or positions regarding that legislation.
(8) Assist in the design and implementation of a data collection system.
(9) Provide budget and program information to the committee on children in state care.
(10) Prepare an annual report on children in state care to be submitted to the committee.
(Act 98-612, p. 1347, §6.)Section 29-2-106
Section 29-2-106 State Case Registry of Children in State Care.
(a) The Department of Human Resources, the Department of Mental Health and Mental Retardation, and the Department of Youth Services shall create a joint project team to develop a requirements analysis and conceptual design for maintaining a central repository of case information within 12 months of May 6, 1998, which shall be known as the State Case Registry of Children in State Care and shall contain records with respect to the following:
(1) The number of children in state care.
(2) The amount of funds expended by federal, state, and local governments for maintenance payments on behalf of children in state care.
(3) The amount of funds expended by federal, state, and local governments for payments on behalf of each child in state care and their natural parents or guardians.
(4) The types of services being offered to parents and their children in order to keep the family together.
(5) The number of children in foster care eligible for adoption, the number of such children adopted, and the number of foster children determined not to be adoptable and the reasons therefor.
(6) The number of children in state care placed in permanent or long-term state care or guardianship.
(7) The size of caseloads of probation officers and social workers, the effect the caseloads have on the services offered to parents or their children, and the effectiveness of such services.
(8) The movement of children in state care from placement to placement and the shifting or sharing of responsibility, or both, from agency to agency.
(9) The agency related qualifications, education, and in-service training of workers providing services to children.
(10) Any other matter relating to children in state care which the departments, in consultation with the council, deem appropriate to be included in the registry.
(b) Information in the registry shall be used to carry out the responsibilities of the council or any agency with jurisdiction over children in state care.
(c) All information and records obtained pursuant to this section shall be confidential and may not be disclosed in a way which may identify any individual, adult, or child.
(d) Any person who violates this section shall be guilty of a Class C felony.
(Act 98-612, p. 1347, §7.)Section 29-2-107
Section 29-2-107 Disclosure of information; violation.
(a) All records, reports, permanency plans, reviews, and reports of children in state care or any material prepared in connection with the planning, placement, or care of a child in the care or custody of a state agency shall not be a public record and shall be disclosed only for the purposes directly related to the administration of this article or as otherwise determined by the agency having jurisdiction of the child in state care to be reasonably necessary or reasonably required and as directly related to the provisions of any services needed by the child.
(b) A violation of this section is a Class C felony.
(Act 98-612, p. 1347, §8.)Section 29-2-120
Section 29-2-120 Legislative findings.
The Legislature hereby finds as follows: the Legislature has the constitutional duty to appropriate and safeguard taxpayers' money; the Legislature has recognized the need for community services programs; and the Legislature has recognized the purposes for which Alabama community services grants may be made in Section 41-24-3, specifically as follows:
(1) To enhance the education of the citizenry through activities, expenditures for capital improvements or equipment, that promote literacy, learning, arts appreciation, public health and mental health.
(2) To promote activities that provide human and social services which reduce the hardships of old age, poor health or poverty.
(3) To promote the marketability, yield or quality of Alabama-produced agricultural commodities.
(4) To promote the preservation, restoration, development and propagation of Alabama's natural resources, recreational facilities, environment, history, culture, transportation lanes, tourism, public safety, and historic landmarks and buildings.
(Act 98–677, §1.)Section 29-2-121
Section 29-2-121 Joint Legislative Oversight Committee - Created; members; meetings.
There is hereby created a permanent Joint Legislative Oversight Committee on Community Services Grants. The committee shall consist of the Chair of the House Ways and Means Committee; the Chair of the Senate Finance and Taxation-Education Committee; the Chair of the Senate Committee on Economic Expansion and Trade; three members of the House Ways and Means Committee appointed by the Chair of the House Ways and Means Committee; one member of the Senate Finance and Taxation-Education Committee appointed by the Chair of the Senate Finance and Taxation-Education Committee; and one member of the Senate Committee on Economic Expansion and Trade appointed by the Chair of the Senate Committee on Economic Expansion and Trade. The State Superintendent of Education and State Finance Director shall serve in advisory capacities. The committee shall hold its organizational meeting within 30 days after the adjournment of any session of the Legislature in which an appropriation has been made to the committee for community services grants. The committee shall meet at the call of the chair or any majority of members thereof; provided, that the committee shall meet at least once each four months in years which grant appropriations have been made to the committee. The committee may meet, act, and conduct its business during the sessions of the Legislature or any recess thereof, and in the interim period between sessions.
(Act 98–677, §2.)Section 29-2-122
Section 29-2-122 Joint Legislative Oversight committee - Assistance; compensation of members; expenses.
The Secretary of the Senate, the Clerk of the House of Representatives, the Legislative Reference Service, the Legislative Fiscal Office, and the Examiners of Public Accounts shall provide any assistance as may be necessary at the committee's request. Each member of the committee shall be entitled to his or her regular legislative compensation, his or her per diem and travel expenses for each day he or she attends a meeting of the committee which shall be paid out of any funds appropriated for the use of the Legislature, upon warrants drawn on the State Comptroller upon requisitions signed by the committee's chair; provided, however, that members shall not receive additional legislative compensation or per diem when the Legislature is in session but they shall receive their travel expenses for all meetings attended. The maximum amount expended for the expenses of members of the committee under the provisions of this article shall not exceed $10,000 annually.
(Act 98-677, p. 1490, §3.)Section 29-2-123
Section 29-2-123 Joint Legislative Oversight Committee - Duties.
It shall be the duty of the committee to review applications and approve any community services grants made from any funds appropriated to the committee by the Legislature for the purpose of awarding community services grants. The committee may become a grant-making agency and receive and distribute any appropriations made by the Legislature to the committee for the community services grant program pursuant to Chapter 24 of Title 41. The committee shall evaluate grant proposals based on the relevance of such proposals to the purposes for which such grants shall be made; the extent to which such grant proposal advances the program objectives of the grant-making agency; the ability of the grant recipient to fulfill the objectives of the grant proposal; and the extent to which the grant proposal can benefit the greatest number of citizens, without excluding any geographic regions of the state. All of the above information may be ascertained by appropriate measures, which shall include interviews, audits, public hearings, and recommendations by members of the Legislature. It shall also be the duty of the committee to ensure that, of any appropriations received by the committee, a minimum of the equivalent of 0.4% of such appropriations shall be distributed to each House district and 1.2% of such appropriations shall be distributed to each Senate district.
(Act 98-677, p. 1490, §4.)Section 29-2-124
Section 29-2-124 Joint Legislative Oversight Committee - Annual report.
The committee shall make an annual report to members of the Legislature no later than the seventh legislative day of regular sessions detailing any and all community services grants awarded.
(Act 98-677, p. 1490, §5.)Section 29-2-150
Section 29-2-150 Legislative intent.
The Legislature intends that this article shall serve as the method of compensating certain innocent persons who have been wrongfully incarcerated by the State of Alabama.
(Act 2001-659, p. 1359, §1.)Section 29-2-151
Section 29-2-151 Committee created.
There is hereby created the Committee on Compensation for Wrongful Incarceration. The Committee on Compensation for Wrongful Incarceration may hereinafter be referred to as the 'committee.' The committee shall certify applicants who have met the eligibility criteria for payment pursuant to this article and may recommend to the Legislature an amount of additional compensation to be paid by the state as authorized by subsection (b) of Section 29-2-159.
(Act 2001-659, p. 1359, §2.)Section 29-2-152
Section 29-2-152 Composition; meetings; duties of Division of Risk Management.
(a) The committee shall consist of the following nine voting members:
(1) The Chair of the House Ways and Means General Fund Committee.
(2) The Chair of the Senate Finance and Taxation General Fund Committee.
(3) The Chair of the House Judiciary Committee.
(4) The Chair of the Senate Judiciary Committee.
(5) The Speaker of the House of Representatives or his or her designee.
(6) The Speaker Pro Tempore of the House of Representatives or his or her designee.
(7) The President Pro Tempore of the Senate or his or her designee.
(8) The Lieutenant Governor or his or her designee.
(9) The Director of Finance.
(b) Each year the committee shall elect a chair and vice chair from its membership.
(c) Any four members of the committee shall be required to be in attendance for the purpose of transacting the business of the committee and a vote of four members in favor of a motion shall be necessary for any decision regarding certification of compensation pursuant to this article or a recommendation for additional compensation pursuant to Section 29-2-159. The term for service on this committee shall be the same as the quadrennium of the Legislature.
(d) The committee shall meet as often as necessary but at least quarterly if an applicant's eligibility for compensation has been verified by the Division of Risk Management of the Department of Finance.
(e) The Division of Risk Management shall make a record of and file in such office a history of each case, together with the findings of the division and any certification of awards by the committee. The division shall also provide necessary administrative and legal support to the committee.
(Act 2001-659, p. 1359, §3.)Section 29-2-153
Section 29-2-153 Compensation; expenses.
(a) Members of the committee shall serve without compensation.
(b) Members of the committee are entitled to reimbursement for expenses while on official business of the committee or attending its meetings. Expenses shall be paid as follows:
(1) The expenses of members who are legislators may be paid out of any funds appropriated to the Legislature or out of any funds appropriated for joint interim committees of the Legislature, but in the amounts as if they were performing legislative duties.
(2) The expenses of the Director of Finance may be paid out of any funds available to the office of the Director of Finance.
(Act 2001-659, p. 1359, §4.)Section 29-2-154
Section 29-2-154 Rules and regulations.
From time to time the committee shall establish rules and regulations for the administration of its duties and responsibilities as well as those of the Division of Risk Management as relates to this article.
(Act 2001-659, p. 1359, §5.)Section 29-2-155
Section 29-2-155 Civil liability.
No civil action may be brought against the committee or any of its members, for providing any reports, records, opinions, or any actions or recommendations pursuant to this article. In addition, any persons acting in good faith and without negligence or malicious intent in providing information to the committee in furtherance of this article shall have the immunity from civil liability that might otherwise be incurred or imposed.
(Act 2001-659, p. 1359, §6.)Section 29-2-156
Section 29-2-156 Eligibility for compensation.
In order to be eligible to receive compensation for wrongful incarceration a person must:
(1) Have been convicted by the state of one or more felony offenses, all of which the person was innocent, and have served time in prison as a result of the conviction or convictions; or
(2) Have been incarcerated pretrial on a state felony charge, for at least two years through no fault of his or her own, before having charges dismissed based on innocence.
(Act 2001-659, p. 1359, §7.)Section 29-2-157
Section 29-2-157 Evidence of innocence.
For purposes of determination of eligibility for compensation for wrongful incarceration, innocence shall be evidenced by at least one of the following:
(1) The conviction vacated or reversed and the accusatory instrument dismissed on grounds of innocence; or
(2) The accusatory instrument dismissed on a ground consistent with innocence.
(Act 2001-659, p. 1359, §8.)Section 29-2-158
Section 29-2-158 Application and notice.
(a) Any individual who meets the eligibility criteria established in this article and desires compensation shall submit such application to the Division of Risk Management which shall immediately provide notice to the members of the committee.
(b) An application for compensation must include a full statement of the facts upon which the claim is based, which shall be verified by the Division of Risk Management in the manner provided for verifying complaints in civil actions, and may be supported by affidavits substantiating such claim. If the Division of Risk Management verifies that an individual is eligible for compensation under this article, notification of that fact shall be made to the committee within 10 days of such verification. The committee shall within 90 days of such notification meet to certify the award. If after receiving verification of eligibility from the Division of Risk Management an eligible applicant seeks additional compensation over that amount designated in subsection (a) of Section 29-2-159 the committee shall fix a time and a place for a hearing, and shall mail notice to the applicant, and shall notify the Attorney General and the appropriate district attorney, at least 30 days before the time fixed therefor.
(Act 2001-659, p. 1359, §9.)Section 29-2-159
Section 29-2-159 Base and discretionary amounts of compensation; hearing; certification and payment.
(a) If an applicant's eligibility is verified by the Division of Risk Management, the committee shall certify to the applicant an amount equal to fifty thousand dollars ($50,000) for each year or the pro rata amount for the portion of each year of incarceration.
(b) The committee, after hearing testimony, shall have the authority to recommend some discretionary amount in addition to the base amount if circumstances warrant such a supplemental award. Any such supplemental amount shall be in the form of a bill to be presented to the Legislature.
(c) At the hearing on additional compensation the applicant may introduce evidence in the form of affidavits or testimony to support the additional compensation as provided in subsection (b) and the Attorney General or the local prosecutor's office under whose jurisdiction the case was prosecuted may introduce counter affidavits or testimony in refutation. If the committee finds from the evidence that the applicant warrants additional compensation, it shall recommend the amount the applicant is eligible to be paid for over the base amount and shall make a recommendation to the Legislature.
(d) The Comptroller upon proper certification from the committee shall pay the amount of the base award to the applicant out of any available state funds appropriated by the Legislature for such purposes. Any amounts for additional compensation passed by the Legislature will be paid as provided for in such legislation.
(e) The committee shall give written notice of its certifications within 10 days to all parties involved in the process as well as the appropriate state officials charged with processing the compensation. The determination of the committee shall not be subject to review upon appeal of the claimant or the state.
(Act 2001-659, p. 1359, §10.)Section 29-2-160
Section 29-2-160 Methods of payment; eligibility of estate to receive compensation.
(a) The committee in its discretion may direct that payment of compensation claims be in a lump sum or in such installments as it deems appropriate, but no part of such claim shall be directed by the committee to any person other than the person so pardoned or exonerated, nor shall the person so pardoned or exonerated pay any part of the sum received to any person for services rendered in connection with its collection. Notwithstanding the above, in the event that a person awarded compensation dies prior to receiving the full amount of his or her compensation, the person's estate shall be eligible to receive any remaining compensation.
(b) Any right to apply for compensation under this article shall cease upon the death of the claimant.
(c) If a person has submitted an application for compensation to the Division of Risk Management, but dies prior to the application being certified for compensation, the estate of the person shall be eligible to receive said compensation.
(d) In awarding compensation under this section, the committee shall not offset the award by any expenses incurred by the state or any political subdivision of the state in connection with the arrest, prosecution, and imprisonment of the individual, including, but not limited to, expenses for food, clothing, shelter, and medical care.
(Act 2001-659, p. 1359, §11.)Section 29-2-161
Section 29-2-161 Eligibility exceptions.
(a) A person serving a term of imprisonment for a crime other than a crime for which the person was wrongfully incarcerated shall not be eligible to receive compensation pursuant to this article.
(b) A person shall not be eligible to receive compensation pursuant to this article if the sentence for the crime of which the person was mistakenly convicted was served concurrently with the sentence for the conviction of another crime.
(c) A person shall not be eligible for compensation if he or she was convicted of any of the acts charged with in conjunction with the charge which resulted in the wrongful conviction or his or her acts or omissions constituted a felony or misdemeanor against the state.
(d) To be eligible to recover a sum of money as described by this article because of his or her wrongful incarceration, an individual shall not have been the subject of an act of the Legislature that authorized an award of compensation for his or her wrongful incarceration.
(e) A person awarded compensation and subsequently convicted of a felony crime will not be eligible to receive any unpaid amounts from any compensation authorized by this article.
(Act 2001-659, p. 1359, §12.)Section 29-2-162
Section 29-2-162 Application based on exoneration or dismissal of accusatory instrument.
Any person applying for compensation under this article based on exoneration that was granted before May 21, 2001, or the dismissal of an accusatory instrument that occurred before May 21, 2001, shall file his or her application within two years after May 21, 2001. Any persons applying for compensation under this article based on an exoneration that was granted on or after May 21, 2001, or the dismissal of any accusatory instrument that occurred on or after May 21, 2001, shall file his or her application within two years after the exoneration or dismissal.
(Act 2001-659, p. 1359, §13.)Section 29-2-163
Section 29-2-163 Verification of information by Division of Risk Management.
The Division of Risk Management shall be responsible for verifying all information submitted by an applicant meeting the criteria established in Section 29-2-156 and verifying that the applicant is not ineligible due to any of the exceptions provided for in Sections 29-2-161 and 29-2-162.
(Act 2001-659, p. 1359, §14.)Section 29-2-164
Section 29-2-164 Cooperation by state agencies and departments.
Agencies of state government shall cooperate with the committee and the staff of the Division of Risk Management as necessary for the committee and the division to carry out its responsibilities. Upon the request of the committee or the division, each agency and department of the state shall make its services, equipment, personnel, facilities, and information available to the greatest practicable extent to the committee in the execution of its functions without cost to the committee.
(Act 2001-659, p. 1359, §15.)Section 29-2-165
Section 29-2-165 Appropriation of funds.
Notwithstanding any other provisions of this article, payment and receipt of any base or supplemental compensation as provided by subsections (a), (b), (c), or (d) of Section 29-2-159 is contingent upon the Legislature appropriating funds for that purpose. This article does not provide for an entitlement to compensation to persons determined to have been wrongfully incarcerated, does not require that the Legislature appropriate funds for payment of either base or supplemental compensation, and does not require or authorize the Comptroller to pay any such compensation until funds have been appropriated by the Legislature for that purpose.
(Act 2001-659, p. 1359, §16.)Section 29-2-190
Section 29-2-190 Continuation and termination; functions.
At the start of each quadrennium the Legislature shall provide by joint resolution for a Joint Legislative Committee on Civic Education. The Joint Legislative Committee on Civic Education, created pursuant to Act 2000-547, 2000 Regular Session, is hereby continued for the balance of the current quadrennium at which time it shall terminate. The purpose of the continuing joint committee shall be to provide annual oversight and recommendations with respect to the civic education initiatives provided in Article 2 of Chapter 44A of Title 16. The continuing joint committee shall annually provide a report on the state of civic education not later than the 10th legislative day of each regular session.
(Act 2001-970, 3rd Sp. Sess., p. 868, §4.)Section 29-2-2
Section 29-2-2 Created; membership; appointment, qualifications and terms of members; vacancies.
There is hereby created a continuing permanent joint transportation committee of the Legislature to be known as the 'Joint Transportation Committee.' The committee shall consist of seven members of the Senate appointed by the President of the Senate and seven members of the House of Representatives appointed by the Speaker of the House of Representatives, one senator and one house member to be a resident of each present United States congressional district in the state. Members of the Joint Transportation Committee shall be appointed within five legislative days after the convening of the first regular session after the election of each Legislature. Members shall hold office during their terms as legislators and until their successors are appointed. Vacancies shall be filled by appointment by the respective presiding officer. Appointees shall be residents of the congressional district where the vacancy exists.
(Acts 1975, No. 1218, p. 2540, §2; Acts 1994, 1st Ex. Sess., No. 94-785, p. 76, §1.)Section 29-2-20
Section 29-2-20 Creation; membership; chairman; purpose; duties; reports to Legislature.
A permanent legislative committee which shall be composed of eight members, two of whom shall be ex officio members and six of whom shall be appointed members, three each to be appointed by the President of the Senate and Speaker of the House, who shall both serve as the ex officio members, shall be formed to assist in realizing the recommendations of the legislative prison task force and examine all aspects of the operations of the Department of Corrections. The chairman of the committee shall be selected by and from among the membership. The committee shall make diligent inquiry and a full examination of Alabama's present and long term prison needs and they shall file reports of their findings and recommendations to the Alabama Legislature not later than the fifteenth legislative day of each regular session that the committee continues to exist.
(Acts 1976, No. 84, p. 84; Acts 1979, Ex. Sess., No. 79-52, p. 70.)Section 29-2-21
Section 29-2-21 Employment of consultants, advisors, etc.
Repealed by Acts 1997, No. 97-658, p. 1249, §4, effective October 1, 1997.
(Acts 1976, No. 84, p. 84.)Section 29-2-22
Section 29-2-22 Compensation and expenses of members.
Each legislative member of the committee shall be entitled to his or her regular legislative compensation, his or her per diem and travel expenses incurred within the state for each day he or she attends a meeting of the committee when the Legislature is not in session or when the Legislature is in recess without pay. Each legislative member shall further be entitled to actual expenses for travel outside the State of Alabama which is deemed necessary by the chair and in accordance with the objectives of the committee. Such sums shall be paid out of any funds appropriated to the use of the Legislature on warrants drawn on the State Comptroller upon requisition signed by the committee's chair.
(Acts 1976, No. 84, p. 84; Acts 1997, No. 97-658, p. 1249, §1.)Section 29-2-3
Section 29-2-3 Meetings; chairman and vice-chairman; quorum.
Within 10 days after members of the Joint Transportation Committee are appointed as provided in this article, the committee shall convene at a place and time designated by the President of the Senate in written notice given to each member at least five days in advance or without notice upon unanimous consent of the members of the Joint Transportation Committee. At the meeting, and at the initial meeting during each session of the Legislature, the Joint Transportation Committee shall elect from its membership a chair and vice-chair. The Joint Transportation Committee shall meet, at the request of its chair or as its members shall determine, in both cases upon written notice at least five days in advance or without notice upon unanimous consent of its membership; provided, that the committee shall meet at least once each three months. Decisions of the Joint Transportation Committee may be made by a majority of the members present and voting at any meeting as long as a quorum is in attendance. A quorum shall consist of any eight members. If less than a quorum is present at any meeting or any adjournment thereof, those members who are present may adjourn the meeting from time to time and a majority vote of the members present shall be sufficient, without any notice other than by announcement at the meeting, to adjourn the meeting from time to time until a quorum is in attendance. At any adjourned meeting, any business may be transacted that might have been transacted at the meeting as originally called.
(Acts 1975, No. 1218, p. 2540, §2; Acts 1994, 1st Ex. Sess., No. 94-785, p. 76, §1.)Section 29-2-4
Section 29-2-4 Powers and duties.
The powers and duties of the Joint Transportation Committee shall be the following:
(1) It shall review and concur in a long-range (five-year) federal-aid highway plan for proposed highway construction of all highways on the state highway system, which long-range plan shall commence with the fiscal year of the state beginning October 1, 1989. Prior to any deviation from the intent of the five-year plan, the Joint Transportation Committee shall review and concur in the deviation, except commitments for highway projects necessary for new or expanded industry. Commitments for these industry projects shall be included in the next quarterly report by the Department of Transportation. The plan shall be updated annually. The plans in appropriate form shall be made available to all government agencies and all members of the public and news media.
(2) The review and concurrence in annual update of the five-year highway plan shall be accomplished by the Joint Transportation Committee prior to September 1 each year. Failure of the Joint Transportation Committee to concur in the annual update will not prevent the Department of Transportation from proceeding with any project.
(3) It shall review the budget for highway construction, maintenance, operation, and administration of the Department of Transportation on an annual basis, which budget shall be reviewed not later than the fifteenth legislative day of each annual session of the Legislature.
(4) It shall issue a report to the Governor, Lieutenant Governor, House of Representatives, Senate, and public within the first 10 legislative days of each annual regular legislative session, comparing actual performance of the Department of Transportation in terms of highway construction, maintenance, and costs of the same, to the original plan for the immediate preceding fiscal year.
(5) It shall recommend to the Governor necessary funding for Department of Transportation budgets to the extent necessary beyond funds already provided by law.
(6) It may retain the services of outside consultants, if necessary, and consult with other groups and individuals, including public interest groups, interested individuals, and appropriate departments of the University of Alabama, Auburn University, and other state institutions.
(7) 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.
(8) 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.
(9) In performing its functions, the Joint Transportation Committee shall take into consideration, in determining plans for highway construction and maintenance, among other factors all of the following:
a. Commuter benefits in the form 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.
(Acts 1975, No. 1218, p. 2540, §3; Acts 1989, No. 89-524, p. 1071, §1; Acts 1994, 1st Ex. Sess., No. 94-785, p. 76, §1.)Section 29-2-40
Section 29-2-40 Creation; membership.
There is hereby created the Contract Review Permanent Legislative Oversight Committee. Said committee shall be composed of the Chairman of the Senate Finance and Taxation Committee and the Chairman of the House Ways and Means Committee, and three additional members of the Senate, to be appointed by the President of the Senate, and three additional members of the House, to be appointed by the Speaker of the House.
(Acts 1984, No. 84-277, p. 464.)Section 29-2-41.1
Section 29-2-41.1 Emergency provisions.
In case of an emergency adversely affecting public health, safety, security, or the economic welfare of the state, so declared in writing to the Governor by the head of the institution or agency involved, setting forth the nature of the danger to public health, safety, security or the economic welfare of the state, contracts may be let to the extent necessary to meet the emergency without review by the committee. Any contract let pursuant to this section involving an emergency adversely affecting the economic welfare of the state shall be let for a period of not more than 60 days during which time the committee shall review a contract for a longer period of time if such services are required beyond the 60-day limit hereby imposed.
(Acts 1988, 1st Sp. Sess., No. 88-856, p. 336, §2.)Section 29-2-41.2
Section 29-2-41.2 Personal and professional service agreements.
(a) For the purposes of this article the term personal and professional services specifically includes independent contractor agreements as well as individual employment agreements.
(b) Notwithstanding any other provisions of this article, all contracts for employment of an attorney to provide legal services, including contracts involving an attorney providing legal services under an agreement with the Attorney General, shall be reviewed by the committee. Provided, however, contracts for appointment of attorneys for the Department of Transportation for right of way condemnation cases are exempt from the provisions of this article.
(Acts 1988, 1st Sp. Sess., No. 88-856, p. 336, §3; Acts 1995, No. 95-652, p. 1364, §1.)Section 29-2-41.3
Section 29-2-41.3 Personal and professional service agreements - Exclusions.
The following personal and/or professional services contracts shall be excluded from the terms of this article:
(1) Contracts for insurance;
(2) Contracts let by competitive bid;
(3) Contracts entered into by public corporations and authorities;
(4) Any contract the total amount of which does not exceed $1,500.00, said total amount to include both compensation and reimbursement of expenses.
(Acts 1988, 1st Sp. Sess., No. 88-856, p. 336, §4.)Section 29-2-41
Section 29-2-41 Expenses for members; assistance of Department of Examiners of Public Accounts; responsibilities, powers, etc.; examination of proposed contract or letter of intent; effect of failure to review; witnesses and evidence; organization; meetings.
Each member of the committee shall be entitled to regular legislative compensation, per diem, and travel expenses for each day he or she attends a meeting of the committee, which shall be paid out of the funds appropriated to the use of the Legislature, on warrants drawn on the State Comptroller upon requisition signed by the committee's chair. Members shall not receive additional compensation or per diem when the Legislature is in session. The Department of Examiners of Public Accounts shall furnish assistance and any relevant information to the committee. The committee shall have the responsibility of reviewing contracts for personal or professional services with private entities or individuals to be paid out of appropriated funds, federal or state, on a state warrant issued as recompense for those services. Each state department entering into a contract to be paid out of appropriated funds, federal or state, on a state warrant which is notified by the committee is required to submit to the committee any proposed contract for personal or professional services. Each contract shall be accompanied by an itemization of the total cost estimate of the contract. The department may, in lieu of the proposed contract, submit to the committee a letter of intent to contract. Such letter of intent to contract shall indicate the contracting parties, the services to be performed, an itemization of the total cost estimate of the contract, and such other information as the department may deem pertinent to the committee review of the contract. The committee shall review and comment where necessary on any such contract or letter of intent to contract within a reasonable time not to exceed 45 days after the department has submitted the contract or letter of intent to contract to the committee. Any contract made by the state or any of its agencies or departments in violation of this section and without prior review by the committee of either the contract or the letter of intent to contract shall be void ab initio. If the committee fails to review and comment upon any contract or letter of intent to contract within the aforementioned 45-day time period, such contract shall be deemed to have been reviewed in compliance with this section.
Should the department elect to submit a letter of intent to contract in lieu of a proposed contract, as authorized in the preceding paragraph, the department shall be required to submit to the committee for its information the contract described in the letter of intent upon the execution of the contract.
The committee shall have the power to issue subpoenas for any witnesses and to require the production of any documents or contracts it feels it needs to examine in the conduct of its duties.
The committee shall organize itself at the first meeting and elect from among its membership a chair and a vice-chair. The committee shall hold regular meetings at least once each month, the regular meetings to be held during the first week of each month.
(Acts 1984, No. 84-277, p. 464; Acts 1988, 1st Sp. Sess., No. 88-856, p. 336, §1; Acts 1989, No. 89-654, p. 1296; Acts 1997, No. 97-658, p. 1249, §1.)Section 29-2-5
Section 29-2-5 Compensation of committee members.
Each member of the Joint Transportation Committee shall be entitled to his or her regular legislative compensation and his or her per diem and travel expenses for each day he or she attends a meeting thereof when the Legislature is not in session or when the Legislature is in recess without pay. These sums shall be paid out of any funds appropriated to use of the Legislature on warrants drawn by the State Comptroller upon requisition by the chair of the Joint Transportation Committee.
(Acts 1975, No. 1218, p. 2540, §5; Acts 1994, 1st Ex. Sess., No. 94-785, p. 76, §1.)Section 29-2-50
Section 29-2-50 Legislative findings and intent.
The Legislature hereby finds and declares that:
(1) There exists a continuing need for comprehensive study, research and planning by the Legislature in the area of reapportionment; and,
(2) It is necessary, therefore, that a permanent legislative committee on reapportionment be created to prepare for and develop a reapportionment plan for the state.
(Acts 1990, No. 90-388, p. 530, §1.)Section 29-2-51
Section 29-2-51 Creation; members; chairman; expanded membership in certain quadrenniums.
(a) There is hereby created a permanent legislative committee to be known as the Permanent Legislative Committee on Reapportionment, hereinafter referred to as the 'committee.'
(b) Except during the quadrennium in which the United States census is released and the Legislature is actually involved with the reapportionment process, the committee shall be composed of six members appointed during the organizational session of each quadrennium to serve each quadrennium as follows: Three members of the Senate to be appointed by the Lieutenant Governor and three members of the House to be appointed by the Speaker of the House.
The committee members shall select from among its numbers a Senator and a member of the House of Representatives to serve as co-chairpersons for the quadrennium to preside over meetings of the committee. Whenever the Legislature is not in regular or special session, each member of the committee shall be entitled to his usual legislative pay, travel expenses and per diem for each day he spends in attending any such meeting or conducting business of the committee within or without the state.
(c) In those quadrenniums in which the United States official decennial census is released and while the Legislature is actually involved in the reapportionment process, the committee shall be composed of 22 members as follows: One member of the House of Representatives from each congressional district, four members of the House of Representatives at-large to be appointed by the Speaker of the House and one member of the Senate from each congressional district, four members of the Senate at-large, to be appointed by the Lieutenant Governor. Upon the completion of the reapportionment process, the committee composition shall revert to the six member committee provided in subsection (b) hereof.
(Acts 1990, No. 90-388, p. 530, §2; Acts 1991, No. 91-347, p. 645, §1.)Section 29-2-52
Section 29-2-52 Duties; employment of consultants, etc.; expenses; contracts; meetings.
(a) The committee shall make a continuous study of the reapportionment problems in Alabama seeking solutions thereto, and shall seek expertise, when deemed necessary, from among knowledgeable state officials and employees, academic personnel and others involved in demographic studies and other census matters.
(b) The committee shall make such reports of its investigations, findings and recommendations to the Legislature at any time, during any regular or special session of the Legislature, as it may deem necessary.
(c) The committee shall engage in such activities as it deems necessary for the preparation and formulation of a reapportionment plan for the next ensuing reapportionment and each reapportionment thereafter, and readjustment or alteration of Senate and House districts and of congressional districts of the state.
(d) The committee shall have authority to employ consultants, technicians, attorneys and any other experts needed to prepare maps and make professional appearances to support any plan of reapportionment adopted by the Legislature. Such expenses of the committee shall be paid out of any funds appropriated by the Legislature for the use of the committee.
(e) The committee is hereby authorized and empowered to make and sign any agreements and to do and perform any acts that may be necessary, desirable or proper to carry out the purposes and objectives of the provisions herein set forth.
(f) The committee may complete any contract executed and conduct any business undertaken or commenced by the Legislature pertaining to or connected with the reapportionment and readjustment or alteration of Senate and House and congressional districts prior to the enactment of this article, and the same shall be completed and conducted in the same manner and under the same terms and conditions and with the same effect as if completed and conducted by the Legislature.
(g) The committee may meet within and without the state, hold public hearings and otherwise have all of the powers of a legislative committee under the legislative law.
(h) The committee may request and receive from any court, department, division, board or bureau, commission or agency of the state or any political subdivision thereof such assistance and data as will enable it to properly carry out its powers and duties hereunder.
(Acts 1990, No. 90-388, p. 530, §3.)Section 29-2-53
Section 29-2-53 Staff, equipment and facilities.
Repealed by Acts 1997, No. 97–658, p. 1249, §4, effective October 1, 1997.
(Acts 1990, No. 90-388, p. 530, §4.)Section 29-2-6
Section 29-2-6 Duties of Department of Transportation.
The Department of Transportation shall cooperate with the Joint Transportation Committee and shall prepare or cause to be prepared and furnished to the Joint Transportation Committee, by July 1 each year, the long-range five-year federal-aid highway plan, for proposed highway construction and the Department of Transportation's annual budgets, all as referred to in Section 29-2-4. The Department of Transportation shall include in its current annual work program sufficient projects to insure the complete utilization of all federal and state funds. It shall make available the books and records of the Department of Transportation necessary for the Joint Transportation Committee to perform its functions and shall report to it quarterly on the performance of the Department of Transportation for the preceding fiscal quarter of the state and its proposed projects and plans for the current fiscal year thereof.
(Acts 1975, No. 1218, p. 2540, §4; Acts 1989, No. 89-524, p. 1071, §1; Acts 1994, 1st Ex. Sess., No. 94-785, p. 76, §1.)Section 29-2-60
Section 29-2-60 Creation; members; terms; vacancies.
There is hereby created a continuing permanent Municipal Government Committee of the Legislature. The committee shall be composed of eight members of the Legislature, four members from the House of Representatives to be appointed by the Speaker of the House, and four members from the Senate to be appointed by the Lieutenant Governor. Members shall be appointed within five legislative days after the convening of the first regular session after the election of each Legislature. Members shall hold office for the duration of the legislative term and until their successors are appointed. Members shall serve at the pleasure of the appointing authority. Members may serve more than one term of office on the committee. Vacancies shall be filled by the original appointing authority. Initial members of the committee shall be appointed immediately after April 18, 1990 and shall serve a term equal in length to the remaining legislative term of office.
(Acts 1990, No. 90-478, p. 699, §1.)Section 29-2-61
Section 29-2-61 Duties; subjects for consideration; recommendations.
(a) It shall be the duty and function of the committee to analyze the status of municipal government in Alabama and to make recommendations for legislation and constitutional revision which it considers necessary or desirable to enable the municipal governments of this state to more adequately meet and furnish the services and requirements of their citizens.
(b) In reviewing the status and the laws of municipal governments in Alabama, the committee shall consider and make studies of, but shall not limit its consideration, to the following items:
(1) An assessment and study of the impact of reduced federal funds and the problems to municipalities created thereby; the study to suggest methods whereby municipalities may continue furnishing services notwithstanding the reduction of federal assistance; the study also to include a review of the block grant delivery system of federal assistance.
(2) A study and assessment of the problems faced by municipalities because of the mounting problems connected with sanitary sewage (waste water) disposal and a suggested avenue of meeting the tremendous expenses connected with such disposal; and a suggested funding mechanism to cover the cost of disposal.
(3) A study of hazardous waste disposal and suggested solutions of the problems created by hazardous wastes.
(4) A study of the infrastructure needs of Alabama towns and cities with particular emphasis on the study of road and street systems and their maintenance and repair.
(5) A review with recommendations as to how municipalities can best improve the delivery of services of all types to their citizens.
(c) The committee shall submit its recommendations by the fifth legislative day of each regular session of the Legislature. The committee may make additional recommendations and submit studies and reports to the Legislature at any time.
(Acts 1990, No. 90-478, p. 699, §2.)Section 29-2-62
Section 29-2-62 Meetings; funds; compensation; chairman and vice-chairman; ex officio members.
As far as practical all meetings of the committee shall be held in the State House building or in the State Capitol and be opened to the public. The committee may expend funds for the purpose of correspondence with prospective witnesses, in preparation of reports, and in general expenses incident to the work of the committee. Each member of the committee shall receive the regular legislative compensation, per diem, and travel expenses for each day he or she attends the meeting of the committee which shall be paid out of the funds appropriated to the use of the Legislature on warrants drawn on the State Comptroller upon requisition signed by the committee's chair. Notwithstanding the foregoing, members shall not receive additional legislative compensation or per diem when the Legislature is in session. The sum of at least $7,000.00 shall be appropriated to the Legislature on an annual basis to fund the operation of the committee.
The Lieutenant Governor and the Speaker of the House shall jointly designate one of the members of the committee as chair and one member to be vice-chair. The Lieutenant Governor and the Speaker of the House shall be ex officio members of the committee and shall receive compensation at the rate paid to members for each day that they sit with the committee in its work on the subjects and problems listed in this article, or in handling any other matters agreed upon by the committee in line with the general purpose of the committee.
(Acts 1990, No. 90-478, p. 699, §3; Acts 1997, No. 97-658, p. 1249, §1.)Section 29-2-7
Section 29-2-7 Repealed effective October 1, 1997.
Repealed by Acts 1997, No. 97–658, p. 1249, §4, effective October 1, 1997.
(Acts 1975, No. 1218, p. 2540, §6; Acts 1994, 1st Ex. Sess., No. 94-785, p. 76, §1.)Section 29-2-8
Section 29-2-8 Reference of highway legislation to committee.
All bills originating in either house pertaining to highway projects under the jurisdiction of the Department of Transportation, its budget, and all other matters of highway planning, construction, modification, maintenance, operation, or administration shall be referred to the Joint Transportation Committee for its recommendations and approval, which recommendations and approval shall be given due consideration by the committees of each house of the Legislature in acting on any related legislation.
(Acts 1975, No. 1218, p. 2540, §7; Acts 1994, 1st Ex. Sess., No. 94-785, p. 76, §1.)Section 29-2-80
Section 29-2-80 Creation; duties and responsibilities; clerical and expert assistance; cooperation required of agencies, boards, bureaus, etc.
There is hereby created a Permanent Joint Legislative Committee on Finances and Budgets. The committee shall meet during the interim periods between the regular sessions of the Legislature. It shall be the duty of the committee to make a careful investigation and study of the financial condition of the state, hold budget hearings, inquire into ways and means of financing state government and its programs, and report its findings and recommendations as herein provided. The Secretary of the Senate, the Clerk of the House of Representatives and the Director of the Legislative Fiscal Office shall provide the committee with such clerical and expert assistance from among their respective staffs as may be necessary. All departments, boards, bureaus, commissions, agencies, offices and institutions of the state shall and are hereby directed to cooperate fully with the committee and its staff and shall furnish any and all information that may be requested by the committee or its staff.
(Acts 1991, No. 91-652, p. 1229, §1.)Section 29-2-81
Section 29-2-81 Composition of committee; co-chairs; vice co-chairs; sub-committees; compensation of members of sub-committees.
The committee shall be composed of the Lieutenant Governor, the members of the Senate Committee on Finance and Taxation and such other members of the Senate as appointed by the Lieutenant Governor. The committee shall further be composed of the Speaker of the House of Representatives, the members of the House Committee on Ways and Means and such other members of the House of Representatives to be appointed by the Speaker of the House; provided, however, that the total committee membership from the House of Representatives shall not exceed 36 members. The Chairman of the Senate Committee on Finance and Taxation and the Chairman of the House Ways and Means Committee shall be co-chairmen. The said co-chairmen shall each appoint one vice co-chairman and shall set the schedule and program for committee work. The said co-chairmen shall fix the days and hours of meetings and conduct hearings and examine witnesses who appear before the committee. Each co-chairman may appoint sub-committees and invest them with such authority as may be deemed necessary to conduct the committee's business and expedite its work. Members appointed to any sub-committee shall each be entitled to, and shall receive compensation as is provided for below for members of the Permanent Joint Legislative Committee on Finances and Budgets for each day said members attend a sub-committee meeting that is not also a meeting day of the committee. Said sub-committee members shall not be paid for more than 30 additional calendar days in any single calendar year for work of said sub-committee.
(Acts 1991, No. 91-652, p. 1229, §2.)Section 29-2-82
Section 29-2-82 Compensation, expenses, etc., of committee members.
The committee members shall be entitled to, and shall receive, the same daily legislative compensation, expense allowances, per diem and other compensation which they receive while in legislative session for each weekday, Monday through Friday, during any week in which the committee actually meets. It is provided however, that members must be present each scheduled meeting day during such week in order to receive the full five days compensation. Otherwise, committee members will receive compensation only for those days in which committee meetings are attended. Said committee shall not be paid for more than 30 calendar days in any single interim period. The compensation of committee employees shall be paid as provided in Sections 29-1-9 and 29-1-10.
(Acts 1991, No. 91-652, p. 1229, §3.)Section 29-2-83
Section 29-2-83 Report of findings and recommendations to Legislature.
The committee shall report its findings and recommendations to the Legislature no later than the seventh legislative day of each regular session.
(Acts 1991, No. 91-652, p. 1229, §4.)
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