IN THE LEGISLATURE OF ALABAMA

REGULAR SESSION, 1927

No. 347)

AN ACT

(H. 391. Poole

To provide a general system of legislation pertaining to public roads, highways and bridges, including therein the establishment of a State Highway Department and State Highway Commission; to create the office of Alabama Highway Director in Alabama; to define and regulate the powers, duties and authority of the State Highway Commission and of local authorities, boards of revenue, courts of county Commissioners, municipalities or like governing bodies; to provide authority and empower the Board of Administration to make agreements and contracts with the State Highway Commission for convict labor and let contracts for signs, advertising, etc., on highways; to define and provide rules of the road, including traffic regulations, penal violations, duties of owners and drivers and the regulation as to size, weight and equipment of motor vehicles moving over, along, or upon such roads; to provide for the establishment, discontinuance, working and maintenance of public roads, bridges and ferries; to provide for the establishment and maintenance of private roads; to provide for State Bonds for construction and maintenance of roads, issue and sale of; Good Roads Day established; Offenses concerning toll bridges, turnpikes and causeways; protecting bridges from floating logs and to provide against injury to mill dams, bridges, canals and road gates; to provide for working of public roads, persons liable and persons exempt from road duty; to provide for railroad tracks, bridges, viaducts and tunnels; and the repeal of all laws and parts of laws in conflict with the provisions of this Act, except such laws pertaining to revenue.

Be it Enacted by the Legislature of Alabama:

ARTICLE I

Section 1. (a) This act shall be known, and when cited or amended may be designated as, "The Alabama Highway Code"

(b) (1298) STATE HIGHWAY DEPARTMENT ESTABLISHED. There is created a State Highway Department in the State of Alabama which shall consist of a State Highway Commission of three members. One member shall be designated as Highway Director, and the other two members shall be Associate members of the Commission.

All members of the commission shall be bona fide residents and qualified voters of the state of Alabama, but no two members of said highway commission shall be from the same county within the state; provided, however, that whenever a member of the commission is appointed by the Governor, he shall be a bona fide resident and a qualified voter of the county from which he is appointed.

Section 2. (1299). TERM OF OFFICE OF COMMISSION.— Unless otherwise removed from office as is provided for in this article, the highway director of the commission shall serve for six years from date of appointment; and the other associate members shall serve for two years from date of appointment, after which the term of each member shall be four years unless sooner removed as is provided for in this article.

Section 3. (1300). REMOVAL, VACANCIES; QUORUM.— The governor may remove any member as is now provided for by law for the removal of appointive officers by the Governor. All vacancies in the commission shall be filled by appointment of the governor for the unexpired term. Two members of the commission shall constitute a quorum for the transaction of business of the state highway department.

Section 4. (1301). NOTICE OF MEETINGS OF COMMISSION.-Notices of all meetings of the commission shall be given by the secretary of the commission in such manner and under such rules and regulations as may be prescribed by the commis⚫ sion.

Section 5. (1302). BOND OF COMMISSIONERS-Each of the commissioners shall execute a bond in such amount as the governor may require, payable to the state, in some guaranty company doing business in Alabama.

Section 6. (1303).DUTIES AND POWERS OF COMMISSION. The state highway commission shall consider and determine all questions relating to the general policy of the state highway department and the conduct of its work and in the performance of its duties. It shall be the duty of the department to designate the roads to be constructed, repaired and maintained and to construct, standardize, repair and maintain roads and bridges of this state; and shall have authority to make contracts, or agreements, to construct, or pave the roadway only of the street or streets, which will serve to connect the State Highways constructed or repaired by the State Highway Department, within any town, or municipality, the population of which shall not exceed five thousand inhabitants, as given by the last Federal census; and may also cooperate or contract with any municipality, or county authorities in the paving or improving the roadway only, of any street or highway upon which a State Educational or Eleemosvnary Institution may front or abut, provided that, where such State Educational or Eleemosynary institution, or the property thereof, fronts or abuts on both sides of the street or highway, the roadway of which is to be paved or improved, the State Highway Department is hereby authorized to,