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ACCA's Priority Legislation for 2008 Session
All of ACCA’s priority bills for the 2008 Regular Session have now been introduced. Additionally, a couple of bills on the longer “wish list” of ACCA bills have been introduced by legislators interested in the issue. An overview of all of ACCA's bills — and their status — is set out below.
Act No. 2008-25
Litter Enforcement Study Commission
In an effort to emphasize this important issue and generate interest from other state and local groups to make litter enforcement a priority, this resolution establishes a litter enforcement study commission to offer suggested legislative or administrative changes and/or community-based programs to strengthen Alabama’s litter laws and enforcement efforts. The commission will begin its work shortly after the close of this Legislative Session, and make its initial report to the Legislature during the 2009 Legislative Session.
STATUS: This resolution has been enacted. Much appreciation is given to all members of the Alabama Legislature for making this a priority in the 2008 Session.
HB100 by Rep. Warren
SB53 by Sen. Denton
Bid Law Amendments
This bill makes three simple changes in the portion of Alabama’s bid law that applies to local governments: (1) increase the local preference from 3 to 5 percent; (2) eliminate any requirement for a bid bond; and (3) allow counties to move to the second-lowest bidder meeting bid specs when the original successful bidder refuses to comply with the requirements of the bid award. This bill was passed by the Legislature in the 2007 Session but vetoed by the Governor on the last night of the session.
STATUS: Both bills are ready for Senate floor action. Please contact Senate members to ask that they SUPPORT this legislation when it reaches the floor.
HB110 by Rep. Lindsey
SB211 by Sen. Sanders
County Modernization-Part II (Click here for overview of bills)
Continuing with the Association’s long range plans to “modernize” Alabama’s general law relating to county government, this legislation would repeal several obsolete provisions of the Code, rewrite the law regarding official bonds for county officials and employees, and revise current law related to a variety of issues, such as processing claims, moving the county seat, appointing county surveyors, and procedures for codifying or publishing local laws.
STATUS: HB110 is ready for final passage by the Senate. SB211 is out of committee and awaiting floor action. Please contact Senate members to ask that they SUPPORT this legislation when it reaches the floor.
HB481 by Rep. Dukes
SB380 by Sen. Penn
Employee Benefits Trust Fund (Click here for overview of bills)
This legislation would authorize, but not require, county commissions to establish trust funds to finance the cost of providing post-employment benefits – such as health care and other insurance, allowing counties an alternative method to comply with GASB’s requirement to include such expenditures on all financial statements.
STATUS: Both bills are out of committee and awaiting Senate floor action. County officials are encouraged to ask their Senate members to SUPPORT these bills.
HB349 by Rep. Newton
SB378 by Sen. Barron
10 Mil School Tax Amendment
The amendment ratified in 2006 to require all school districts to have a minimum of 10 mils in ad valorem tax for public education prohibits the county from retaining administrative costs related to any millage levied to comply with the amendment. This legislation proposes an amendment to provide that the language prohibiting counties from retaining administrative costs only applies to levies set under the original amendment.
STATUS: SB378 has received a favorable report from the Senate Constitution and Elections Committee and is awaiting floor action. HB349 is ready for final passage on the Senate floor. County officials are encouraged to contact their Senate members to ask that they vote IN FAVOR of this proposed constitutional amendment.
HB332 by Rep. Galliher
SB110 by Sen. Penn
Sex Offender Notification Statute (Click here for overview of amendments)
Under Alabama’s current sex offender notification statute, if the offender fails to provide a proper address to live upon release from prison, he or she is “re-arrested” and held in the county jail on the new charges. This legislation proposes changes to the current statute to provide adequate time, notice, and procedures allowing the offender to secure an appropriate residence following release from prison to avoid “re-arrest” and placement in the county jail.
STATUS: HB332 is awaiting action on the Senate floor. County officials are encouraged to contact their Senate members to ask that they SUPPORT this legislation when it reaches the Senate floor.
HB253 by Rep. Curtis
SB220 by Sen. Little (T)
ACJIS Network Sharing (Click here for overview of bill)
This legislation proposes to amend Alabama’s Criminal Justice Information System statute to allow that agency to enter into contracts with and share its systems with local 911 boards and Homeland Security for better utilization of all systems. This change would greatly improve the ability of local 911 systems to better interact with and support each other during a disaster or other emergency limiting the local system’s capabilities.
STATUS: HB253 is currently assigned to Government Appropriations Committee. The Association is nearing an agreement on the bill with AT&T. It is important that county officials and 911 directors contact the committee members to ask that they SUPPORT the bill in committee. A committee vote is expected soon. SB220 is out of committee and awaiting floor action.
HB470 by Rep. Gipson
Local Option Gasoline and Motor Fuel Fees (Click here for overview of bill)
This bill would authorize counties to levy a local gasoline and/or motor fuel tax in an amount not to exceed 5¢ per gallon, with the proceeds from the tax earmarked for road and bridge construction contracts.
STATUS: The bill has been assigned to the House Government Appropriations Committee. Many members of the House Government Appropriations Committee have indicated that they had not yet been contacted by their county officials and employees. If this package is to move forward, it is important that members of this committee be contacted "back home."
HB471 by Rep. Gipson
Indexing of Statewide Gasoline and Motor Fuel Fees (Click here for overview of bill)
This legislation links the rate of gasoline and motor fuel fees to a ratio between the amount of gasoline sold in Alabama and the cost of road construction. Using 1993 as the base year, the rate of the statewide fees would be adjusted over a five-year period in order to reach the present-day levels.
STATUS: This bill is pending committee action in House the Government Appropriations Committee. Many members of the House Government Appropriations Committee have indicated that they had not yet been contacted by their county officials and employees. If this package is to move forward, it is important that members of this committee be contacted "back home."
HB466 by Rep. Hill
SB357 by Sen. Means
County Bridge Bond Issue (Click here for overview of bills)
This bill authorizes a county bridge bond issue similar to the successful project begun in 2000. Under this proposal, the revenue from the bond issue would be distributed in the same manner as in 2000, and the same guidelines and time restrictions for the utilization of the funds would apply.
STATUS: HB466 is currently assigned to the House Government Appropriations Committee. Many members of the House Government Appropriations Committee have indicated that they had not yet been contacted by their county officials and employees. If this package is to move forward, it is important that members of this committee be contacted "back home." SB357 was approved by the Senate Economic Expansion and Trade Committee and is awaiting floor action.
HB537 by Rep. Newton (D)
SB43 by Sen. Coleman
Local Constitutional Amendments
Alabama’s current constitutional provision for enacting “local” constitutional amendments allows a single member of either the House or Senate to force a statewide referendum by casting a “No” vote on final passage. This bill proposes a constitutional amendment that would allow for the statewide referendum only if 15 House members or five Senate members cast “No” votes on the proposed amendment.
STATUS: Both bills are out of committee and awaiting floor action.
HB722 by Rep. Morrow
Collection Point of Gasoline and Motor Fuel Fees (Click here for overview of bill)
Due to several technical problems with the original bill introduced, the bill aimed at shifting the collection of statewide motorfuel taxes from the wholesale point to the refinery has been refiled with corrections. As noted in the previous Legislative Report, this proposed change in procedure will greatly improve collection efforts by reducing the number of businesses from which to collect the motor fuel taxes.
STATUS: This bill is also assigned to the House Government Appropriations Committee and awaiting committee action.
HB726 by Rep. Gipson
Funding for EMA Activities
This bill, which is similar to one introduce in 2005, would create the local Emergency Response and Relief Program to assist local areas with emergency management, both in preparedness and mitigation efforts and in after-disaster relief efforts. The bill provides funding with a $3 per year fee on insurance premiums, and creates a statewide committee to establish guidelines and procedures for distribution of the proceeds to locals areas through grant programs and disaster relief applications.
STATUS: HB726 has been assigned to the House Government Appropriations Committee and is awaiting committee action.
SB76 by Sen. Means
Contractor’s Exemption
Several years ago, the Legislature repealed the tax exemption for contractors engaged in government contracts. The repeal was intended to be temporary and the exemption was to be restored after two years. However, the attorney general ruled that, as drafted, the repeal was permanent. This bill would restore the exemption for contractors making purchases for government contracts and establish procedures for receiving for the exemption.
STATUS: This bill is pending action in the Senate Finance and Taxation Education Committee.
SB203 by Sen. Little (T)
Criminal Littering
This legislation would authorize the county license inspector and the solid waste officer to issue citations under the existing criminal littering law, and would provide for all proceeds to be paid to the county general fund when the case is made by the license inspector or solid waste officer.
STATUS: This bill is out of committee and awaiting floor action.
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