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Executive Director's
Report - Spring Issue 2006
Counties enjoy successful legislative quadrennium
The Alabama Legislature ended its 2006 Regular Session about 2:30 a.m., April 18, 2006. That early morning adjournment also brought to an end a legislative quadrennium. A legislative quadrennium is a four-year period corresponding to the terms of members of the legislature. A new legislature will be elected this year and a new quadrennium will begin in early 2007.
The Association of County Commissions of Alabama (ACCA) has a procedure in place through which it develops a legislative agenda to be presented to the legislature each year. The subject matter of items selected by the ACCA membership for inclusion on the legislative agendas range from matters relating to the exercise of general powers of government to the performance of specific duties and compensation of individual office holders. The ACCA staff prepares the agenda items into bill form, has them introduced by members of the legislature, and with the help of Association members, spends several months lobbying the bills through the legislative process.
Every item that appears on the ACCA legislative agenda does not get passed into law. The Association's success rates, however, are pretty good. During the legislative quadrennium that is now ending, the ACCA was successful in influencing the enactment of 22 new laws, most of which originated as items on its legislative agendas. Occasionally, the Association will influence the passage of new laws that, while not originally a part of one of its legislative agendas, has a positive impact on county government.
Listed below are summaries of the 22 new laws affecting county government, the passing of which was influenced by the ACCA. Most originated as part of the Association's legislative agendas.
Not listed below are dozens of new laws which while traveling through the legislative process were impacted by the ACCA through the inclusion of amendments offered by the Association staff. Such amendments may have headed off anticipated problems or improved the ability of new laws to be implemented. Also not listed below are the many proposed new laws that died because of ACCA opposition.
No matter how you complete the score card, the ACCA had a very successful legislative quadrennium. Of course, the Association would not have enjoyed these successes if it were not for the members of the legislature who were willing to introduce the various items and work them through the process. Association members should remember these individuals as elections are conducted this year.
2003 Regular Session
Act 2003-55 by Senator Hinton Mitchem and Representative John Knight
Provided additional funding for the State of Alabama Department of Corrections. The additional funding was used in part to help reduce the number of state inmates housed in county jails.
Act 2003-344 by Representative Skippy White and Senator Tom Butler
Provided for double fines against motorists that violate traffic laws in construction zones on county roads.
Act 2003-369 By Representative Ron Johnson and Senator Hinton Mitchem
Provided that certain county officials and employees who are required to post performance bonds to be covered by the state blanket bond under certain circumstances.
Act 2003-390 by Representative Betty Carol Graham and Senator Hank Sanders
Required Alabama retailers that also have internet sites to collect the state and local sales taxes on internet and catalog sales delivered into the state.
2004 Regular Session
Act 2004-323 by Senator Bobby Denton and Representative Mac Gipson
Amended Alabama law relating to the procedure for vacating county roads.
Act 2004-519 by Senator Myron Penn and Representative Skippy White
Clarified existing law relating to the procedure through which county officials seek reimbursement for official travel expenses.
Act 2004-384 by Senator Myron Penn and Representative Neal Morrison
Rewrote Alabama law relating to the procedure through which county commissions establish their regular and special meeting dates.
Act 2004-362 by Senator Charles Steel and Representative Jack Venable
Amended Alabama law relating to the State Employees Retirement System to clarify the time limit within which county officials must purchase service credit.
Act 2004-504 by Senator Hap Myers
Clarified existing law relating to the responsibility of municipalities for the maintenance of streets and roads annexed into a municipality.
Act 2004-629 by Representative Johnny Mack Morrow and Senator Roger Bedford
Established a statewide tax on many minerals severed in the state and provided that the tax proceeds to be distributed to the counties from which the minerals were severed.
Act 2004-636 by Representative Greg Albritton
Increased filing fees accessed in state courts and provided that counties receive a proportionate share of the increases.
Act 2004-94 by Representative Nelson Starkey and Senator Bobby Denton
Provided for a constitutional amendment relating to the authority of counties to expend funds for promotion of economic development.
Act 2004-545 by Representative John Knight
Increased the state tax on cigarettes and other tobacco products. Preserved all county taxes on tobacco products, required the use of tobacco tax stamps and provided funding to counties for the expense associated with the use of tax stamps.
2005 Regular Session
Act 2005-200 by Senator Lowell Barron and Representative Jack Venable
Created the Alabama Limited Self-Governance Act which authorizes county commissions to, under certain circumstances exercise powers relating to public welfare, health and safety.
Act 2005-111 by Senator Gary Tanner and Representative Marcel Black
Amended existing law relating to 911 districts to clarify provisions relating to service fees. Specifically provided that 911 service fees are collected on internet telephone services.
2005 Special Session
Act 2005-299 by Senator Hank Sanders
Amended existing law relating to the Retirement Systems of Alabama to provide that elected officials may, with limitations, continue to receive retirement benefits from the teachers and employees retirement systems while also receiving compensation for serving in elected office.
2006 Regular Session
Act 2006-533 by Representative Locy Baker and Senator Myron Penn
Required municipalities to assume financial responsibility for all costs associated with the detention of juveniles held in a county facility for violation of a municipal ordinance.
Act 2006-249 by Representative Sue Schmitz and Senator Gerald Dial
Required municipalities to provide the Legislative Office of Reapportionment with a notice of all annexations within seven days of the annexation.
Act 2006-534 by Representative Neal Morrison and Senator Ted Little
Authorized counties to charge entities applying for host government approval of a landfill up to 20 percent of the application fee charged by the Alabama Department of Environmental Management. Also allows counties to increase the fee if an application is filed by the same entity within 18 months of the county rejecting the initial application.
Act 2006-537 by Representative Joe Carothers and Senator Zeb Little
Amended existing law by authorizing counties to comply with the requirement to publish the voter list prior to elections by submitting to newspapers a "pre-printed" insert.
Act 2006-522 by Representative Greg Albritton and Senator Gary Tanner
Amended the Emergency Management Act to, among other things, grant county commission authority to close county offices in case of emergencies created by natural disasters or under other extraordinary circumstances and to establish curfews and procedures necessary under the circumstances of the emergency.
Act 2006-227 by Senator Bobby Denton and Representative Mac Gibson
Amended existing law relating to the regulation of subdivision development by requiring developers to obtain a permit before beginning construction on a subdivision and by improving enforcement provisions.
Act 2006-279 by Representative Bradley Byrne and Representative Randy Wood
Amended the Alabama bid law to authorize counties to participate fully in the US Communities joint bid program sponsored by the National Association of Counties.
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