Executive Director's Report - Legislative Wrap-Up Issue 2000

Bond Issue and Omnibus Bill Highlight Productive Session

The first regular session of the new millennium will be remembered as one of the most successful for county governments in Alabama. The Association of County Commissions of Alabama went to the legislature on February 1 with a 10-item legislative agenda in hand and at session's end 7 had been passed into law. Several other new laws that will have positive impacts on county government were enacted during the session.

The 2000 regular session ended at midnight on May 15. There were 982 bills introduced in the House and 589 in the Senate. The staff read about 600 of the bills introduced and tracked the progress of about 400. Additionally, the staff prepared more than 80 substitutes or amendments to various bills.

The staff appreciates the effort put forth during the session by county officials and employees. The calls to legislators and trips to Montgomery always make the difference when trying to pass or defeat legislation. The association's legislative successes are the result of the combined efforts of the staff and the members.

ACCA LEGISLATION

Act 2000-108 Provides for compensation of county commissioners, sheriffs, judges of probate and taxing officials (Omnibus Compensation Act). The bill was sponsored by Rep. Steve McMillan and Sen. Gerald Dial.

Act 2000-152 Authorizes county commissions to adopt regulations governing the use of county public rights-of-way by water and sewer authorities. The bill was sponsored by Rep. Billy Beasley and Sen. Larry Means.

Act 2000-153 Authorizes two or more counties, whether adjoining or not, to enter into joint purchasing agreements. The bill was sponsored by Rep. Skippy White and Sen. Jimmy Holley.

Act 2000-154 Authorizes a county or municipal office, department, agency, board or commission to accept a credit card payment for an amount due under certain circumstances. The bill was sponsored by Rep. Joe Carothers and Sen. Tommy Ed Roberts.

Act 2000-314 Authorizes a state, county or municipal office, department, agency, board or commission to accept a credit card payment for an amount due under certain circumstances. When this bill was introduced, it was identical to House Bill 103 (Act 2000-154), reported above. It was amended during the legislative process to include authority for state government to also accept credit card payments. The provisions applicable to counties are identical in both acts. The bill was sponsored by Sen. Tommy Ed Roberts and Rep. Joe Carothers.

Act 2000-554 This new law amends the 1999 Act that required operators of vehicles to purchase liability insurance. The act, among other things, provides that enforcement of mandatory liability insurance will be at the law enforcement level instead of by probate judges and other officials who issue vehicle tags. The bill was sponsored by Rep. Mike Hubbard and handled in the Senate by Sen. George Clay.

Act 2000-727 Authorizes the Alabama Federal Aid Highway Finance Authority to issue bonds in anticipation of the receipt of future federal funds, the proceeds from which to be used to fund county bridge and road projects. The legislation was sponsored by Sen. Bobby Denton and Rep. Nelson Starkey.

Act 2000-491 This law proposes a constitutional amendment that would, among other things, provide about $50 million to match county bridge and road projects funded by the bond issue proposed by Act 2000-727, mentioned above. The legislation was sponsored by Rep. John Knight and Sen. Roger Bedford. Appreciation is expressed to the House and Senate members who were willing to sponsor the legislation described above.

DANGER LEGISLATION The ACCA staff identified about 40 bills during the session that were designated as "Danger Bills." Most of the danger bills either died during the session or were amended in such a manner as to render them no longer dangerous. The following are summaries of the few danger bills that became law. The summary includes information on amendments or substitutes that were offered by the ACCA staff to make changes in these “Danger Bills.”

Act 2000-762 By Page This law prohibits a county or municipality from filing a lawsuit against manufacturers, trade associations and dealers of firearms or ammunition. It also prohibits counties and municipalities, with some exceptions, from regulating gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, registration or use of firearms, ammunition, components of firearms, firearm dealers or dealers in firearm components.

Act 2000-696 By Kennedy Under prior law, the maximum annual compensation a tax official (tax assessor, tax collector or revenue commissioner) could receive was $49,600. As introduced, the bill would have removed the cap. The association was successful in amending the bill to retain the cap and provide that a county commission could elect to remove the cap for any person who assumes supernumerary status after the effective date of this act.

Act 2000-669 By Poole This act provides hazardous duty time for firefighters, law enforcement officers and correctional officers who are members of the Employees and Teachers Retirement Systems. The act will cause each county's employer contribution to the retirement systems to increase beginning in October of 2000.

Act 2000-736 By Waggoner Under prior law, a certain percentage of state-levied gasoline tax proceeds were distributed to the State Department of Conservation and Natural Resources. As introduced, the bill would have increased the percentage to be distributed to the department, thereby reducing proceeds distributed to counties. The ACCA staff had the bill amended to provide that the increased distribution to the department will come from the proceeds to be distributed to the state and not from proceeds to be distributed to counties.

NEW GENERAL LAWS The following are summaries of miscellaneous new general laws that have some impact on counties.

Act 2000-326 By Hill Many counties and municipalities adopt and enforce building codes. This act provides that counties and municipalities may only adopt and enforce certain model codes.

Act 2000-596 By Fuller This act creates the Alabama Sentencing Commission. The commission will study sentencing laws of the state and make recommendations to the legislature for changes. The ACCA staff was successful in adding amendments to the bill that require the commission to review the overcrowding problem in county jails and that ensures a county commissioner will serve as a member of the commission.

Act 2000-699 By Laird Under prior law, tags for vehicles owned by counties and municipalities were purchased for $1 each. This new act provides that such tags will be purchased for an amount equivalent to the actual cost of producing and issuing the tag. The ACCA staff was successful in adding an amendment to the bill that provides that the cost of the tag as determined by the Department of Revenue must be approved by the Legislative Council before it goes into effect.

Act 2000-671 By Hamilton Under prior law, poll workers were paid $50 per day. This new law raises that amount to $70. The act does provide, however, that the additional amount necessary to raise the pay to $70 will be paid by the state.

Act 2000-760 By L. Hall This act requires emergency medical services providers (as defined) to take possession of a child who is 72 hours old or younger if the child is voluntarily delivered to the provider. The act would only apply to counties that operate a public hospital.

Act 2000-242 By Laird Proposes a constitutional amendment to repeal the provisions that no school district ad valorem tax shall be voted on or collected except in those counties that are levying and collecting a special (3 mill) countywide school ad valorem tax.

Act 2000-565 By Page Legislation was passed during a recent legislative session that provides that ad valorem taxes on motor vehicles be paid in advance rather than retroactively. This new law provides for certain credits and vouchers for ad valorem taxes paid for periods of time the motor vehicle is no longer owned by the person who paid the taxes. The act also provides that a fee in the amount of $2 shall be collected to defray the cost of issuing the credit or voucher. One-half of the fee is to be retained by the issuing official and paid into the county general fund.

Act 2000-615 By Galliher Establishes the crimes of cruelty to a dog or cat and intentional extreme cruelty to a domesticated dog or cat. The act provides that a county or municipality may appoint one or more trained agents to inspect alleged violations of the act. Specific duties and authority of such agents are provided in the act. The ACCA staff was successful in having the bill amended to limit the liability of any county or municipal employee performing activities pursuant to the act and to make the hiring of the "trained agents" permissive, rather than mandatory.

Act 2000-611 By Knight Provides that at the beginning of the next two fiscal years state employees shall receive a 2% salary increase. The act specifically provides that any salary increase granted will in no way apply to any local supplement provided to any judge or any other employee of the state, and that the act shall not apply to or increase the salary of any local employee whose salary is tied to that of any state employee.

Act 2000-216 By M. Black This act amends existing law relating to the authority of counties to license privately owned toll bridges. The act authorizes the State Department of Transportation to also license such toll bridges. The act further restricts the authority of counties or the Department of Transportation to tax such toll bridges. Act 2000-454 By Schmitz This new law relates to the Retirement Systems of Alabama and changes the process for designating a beneficiary and for the payment of unused sick leave at the death of a ERS retiree.

Act 2000-803 By Oden This act amends existing law relating to the operation of the Surplus Property Division of the Alabama Department of Economic and Community Affairs.

Act 2000-693 By Penry Amends existing law relating to E-911 Emergency Communication Districts. Among other things, the act provides that in the case of county communication districts, there shall be at least one member on the district's board from each county commission district. The act also authorizes a communication district to contract with local governing bodies for the provision of dispatch services.

Acts 2000-705, -702 By Knight and Hawk These two new acts make technical changes in the state's Corporate Income Tax, Shares and Franchise Tax statutes to complete the 1999 "fix" of the state's Franchise Tax crisis. The acts do not reduce county revenue, nor do they repeal or amend the counties' existing exemption from paying the state corporate income tax.

Act 2000-691 By Page Amends the existing law relating to competitive bidding on certain public works contracts to exempt contracts entered into by the Department of Transportation from the provisions governing retainage. The act also provides procedures for return of overpayments made by the department and counties to contractors.

Act 2000-684 By Payne Provides that the gross proceeds of the sale of certain personal property to a contractor, which property is to be incorporated into realty pursuant to a contract with the federal, state or local governments, shall be exempt from all state and local sales and use taxes.

Act 2000-781 By Lindsey This new law authorizes counties, municipalities and public corporations to cooperate in the acquisition, construction, operation and financing of any capital improvement that any one of them might acquire, construct, operate or finance through a public corporation to be called a district.

Act 2000-233 By Butler This new act grants broad powers to the "Taxpayer Advocate" appointed by the Commissioner of the Alabama Department of Revenue. This employee will hear taxpayer complaints and has authority to issue rulings and resolve disputes concerning which governmental entity is due the proceeds of taxes on a retail transaction. ACCA amendments make it clear that the Advocate CANNOT issue rulings or give advice on taxes that are due counties that collect or contract for the collection of their taxes. The Advocate can, however, issue rulings on local taxes that are collected by the Alabama Department of Revenue.

Act 2000-99 By Barron This act amends existing law relating to the issuance of building permits or certificates of occupancy by counties and municipalities. Specifically, it provides that a builder cannot be required to pay license fees for subcontractors who will be or were involved in the construction.

Act 2000-774 By Enfinger This act provides municipalities with a procedure for the abatement of weeds. The act does not directly affect county commissions. It does, however, add additional duties to the county tax assessor or revenue commissioner.

Act 2000-716 By McClain Article 9 of Title 11, Chapter 47 authorizes counties and municipalities to form authorities for the purposes of providing recreational facilities. This act makes it clear that all tangible personal property sold by an authority is exempt from all state and local sales and use taxes.

Act 2000-729 By Clay Prohibits the personal automobile insurance carrier of a full-time law enforcement officer or firefighter from considering motor vehicle accidents in government vehicles that occur while such individuals are enroute or in the performance of their duties.

Act 2000-722 By Enfinger This act sets the minimum compensation to be paid the absentee election manager at $50 per day.

Act 2000-715 By Sanders This act creates the Office of Information technology as a department of the executive branch of government. The purpose for the act is to coordinate information management on behalf of the state government and public schools and public institutions of higher education. The office will be in complete control of all purchases of computer hardware and software made by state agencies and schools. While the act does not affect counties, county officials should be aware that county offices of state agencies will no longer be able to make independent decisions concerning the purchase of computers and other technology related equipment and services.

Act 2000-809 By Mitchem Provides for a cost-of-living increase to certain retirees and beneficiaries of the Employees Retirement System. The act specifically provides that the COLA provided will not be granted to retirees and beneficiaries of local governments unless approved by the employing entity.

Act 2000-220 By Dixon This act places the Alabama Department of Aeronautics under the Alabama Department of Transportation.

Act 2000-589 By Mitchell Provides for the Alabama Scenic Byways program. The act does not specifically mention county roads; therefore, its application to county roads is simply not clear.

Act 2000-713 By Sanders Provides further for the conditions under which a person retired under the Teachers and Employees Retirement Systems may be employed by an employer participating in the system without having his or her retirement allowance suspended. Special attention should be paid to new provisions relating to elected officials who are retired from either of the systems. An association amendment was added to ensure that the current ability of retirees to hold office for compensation is not negatively impacted.

Act 2000-748 By Denton This new law establishes a new method or system for pledging of collateral to secure all public deposits. The act will take affect January 1, 2001.

Act 2000-769 By Preuitt Authorizes county industrial development authorities to establish debt service funds to be used in connection with debt obligations. More information on the legislative session is available on the web at “http://www.acca-online.org”