The 2001 regular session of the Alabama legislature ended at midnight on May 21st. There were 956 bills introduced in the House and 630 in the Senate. The staff read about 628 of the bills introduced and tracked the progress of about 450. Additionally, the staff prepared substitutes or amendment to more than 50 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, defeat, or affect legislation. The association's legislative successes are the result of the combined efforts of the staff and the members.

In terms of number of new laws passed, the legislature was not as productive as it has been in recent years. This was primarily the result of protracted debate and/or filibuster in both houses during the final days of the session. While the general fund and education budgets were passed, several special appropriation bills were not. The legislature will have to return in special session to finish this unfinished business.

The association's legislative program consisted of about a dozen bills. Seven association House bills died in the Senate on the last night and three Senate bills suffered the same fate in the House. One association bill (S 84) did become law. The staff plans to have some of the association's bills reintroduced during any special session that may be held later this year.

There were however, in addition to the one ACCA bill, several others passed having some impact on counties. Summaries of these new laws are provided below.

The ACCA Legislative Program

Act 2001-697 (S 84)
Amends the Omnibus Compensation Act passed during the 2000 regular session. It allows those counties that opted out to come back under the law's provisions and makes the law apply to Madison and Montgomery counties. The new law also corrects a technical error created when the 2000 act was added to the code. The bill was sponsored by Senator Gerald Dial and handled in the House by Representative Steve McMillan.

Miscellaneous New General Laws

Act 2001-458 (H 170) By Guin
Creates the Uniform Electronic Transaction Act. It provides for the use and legal recognition of electronic records, electronic signatures, and electronic contracts. The act is rather confusing. There is general agreement, among the staff that the act does not require local governments to conduct business by electronic means. What the staff is unable to determine is whether or not the act authorizes local governments to do so. We have asked the Examiners of Public Accounts to review the act.

Act 2001-484 (H 468) By Warren
Under prior law a supernumerary tax official with 18 or more years of service could receive no more than $49,600 per year. The law was amended in 2000 to provide that the county governing body could remove the monetary limit for any such official who retired after August 1, 2000. This new law provides that county governing bodies can remove the limitation for any such official who retired after September 30, 1993.

Act 2001-383 (H 583) By Houston
Several counties are authorized, by local act, to impose an occupational tax. There has been considerable debate and litigation over whether or not such occupational taxes can be assessed against individuals engaged in certain professions (engineers, lawyers, architects, etc.) This act provides that the legislature may impose occupational taxes on such individuals by local act.

Act 2001-469 (H 241) By Lindsey
Exempts from the criminal littering statutes the unintentional depositing on public roads of agricultural products in their natural state.

Act 2001-470 (H 430) By Galliher
Provides for the regulation under certain circumstances of sport shooting ranges. The act only applies to noise and lead ordinances. The ACCA staff added an amendment that protects existing roads from any of the act's provisions.

Act 2001-635 (S 5) By Smitherman
Establishes the Alabama Land Recycling and Economic Redevelopment Act. Provides for the creation and operation of a program of voluntary assessment and/or clean up of potentially contaminated property in rural and urban areas of the state. The act does not place any requirements on counties. It could affect counties and municipalities in that they may be owners of contaminated property eligible to be cleaned up under the provisions of the act.

Act 2001-693 (S 35) By Waggoner
Allows the governing body of a class 6 municipality (population of 12,000-24,999) to contract to provide law enforcement services beyond its corporate limits but within its police jurisdiction. The act specifically provides that such municipalities may enter into contracts for such services with a county or county board.

Act 2001-637 (S 63) By Means
Amends the public works law to provide a preference in bidding to resident Alabama contractors based upon any preferences out-of-state contractors enjoy in their home states.

Act 2001-312 (S 144) By Barron
Provides for the crime of identity theft. The ACCA staff was successful in having the legislation amended to provide that persons convicted of this crime shall be assessed an amount of $25.00 per day and medical expenses for time spent in county or municipal jails. A copy of this act should be provided to the county official charged with the responsibility of issuing drivers licenses or other identifying documents.

Act 2001-309 (H 113) By D. Newton
Act 2001-306 (S 154) By Clay
These two acts are identical. Among other things, they provide that counties and municipalities will no longer receive free copies of the Alabama Administrative Monthly. The publication will, however, be available.

Act 2002-636 (S 383) By Callahan
Under existing law the state and many local governments levy taxes on the leasing of personal property. This act makes it clear that such lease taxes can be passed on to private lessees by adding the tax to the lease price. The ACCA staff was successful in having the legislation amended to provide that the lease tax cannot be passed on to the state, a county or municipality.

Act 2001-704 (S 496) By Bedford
Currently state employees, teachers, and local government employees participate in the State Retirement Systems, which are commonly referred to as "defined benefit plans". Many such employees also contribute to deferred compensation plans which are commonly referred to as "457 defined contribution plans," (commonly known as the PEBSC program). Federal statutes that authorize deferred compensation plans do not allow employers to contribute to such plans on behalf of participating employees. This act clears the way for employers (including counties) to make "matching" contributions on behalf of employees participating in "457 defined contribution plans".

Act 2001-642 (S 578) By Butler
Authorizes counties and municipalities to form public corporations for the purpose of acquiring real and personal property for lease to the United States of America.

Act 2001-472 (H 21) By Curry
Requires the displaying of the Alabama State Flag at certain public buildings, beginning in August of 2004.