ACCA's Legislation from the 2011 Regular Session

Jailer Liability Protection
Act No. 2011-685 (SB 90 by Sen. Taylor)
This new law restores some of the liability protection enjoyed by corrections officers in the
county jails prior to the recent Supreme Court ruling that these persons were not entitled to the same immunity as sheriffs and deputies. Under this law, corrections officers are protected
against liability provided they are acting within the line and scope of their employment and are in compliance with the law. Similar protections are granted to reserve deputies.

This legislation was the Association’s top priority this year and passage of this important
legislation is the result of the hard work of county officials and employees, along with county
sheriffs from around the state. And of course, this legislation would not have become law without the determined and diligent efforts of our sponsors, Sen. Bryan Taylor and Rep. John Merrill.

This law took effect June 14, 2011.

Reimbursement of Election Expenses
Act No. 2011-147 (SB 139 by Sen. Pittman)
This law clarifies the definition of certain election expenses which are due to be reimbursed to counties by the state comptroller’s office. Additionally, the law creates an Election Expenses Reimbursement Committee to identify other election expenses incurred by counties that will be reimbursed following a statewide election. The committee, which is comprised of specific
legislative office holders, the Director of the Finance Department, and the Secretary of State shall meet at least 90 days prior to the primary election to develop and approve the list of
reimbursable expenses for the upcoming election cycle. The expenses approved will apply until and unless changed by the Committee. This Committee will meet for the first time prior to the March 2012 primary.

Great thanks are extended to the Association’s sponsors of this legislation, Sen. Pittman and Rep. Wood, who made this legislation one of their priorities ensuring passage of this bill early in the session.

This law took effect April 19, 2011.

Streamlined Sales Tax Commission
Act No. 2011-563 (HB 355 by Rep. Hill)
This act establishes the Alabama Streamlined Sales and Use Tax Commission to identify and
develop the programs necessary for Alabama to come into compliance with the Streamlined
Sales and Use Tax Agreement in the event the state becomes a participating member of the
agreement. The Commission is also charged with identifying what changes in existing law will be necessary in order to bring Alabama in compliance with the agreement in the event that
federal legislation adopting the agreement becomes law. The Commission will be made up of
representatives of county and municipal government, representatives from the Department of Revenue, and representatives from the business community. The recommendations of the
Commission will be reported to the Alabama Legislature no later than the fifth day of the 2012
Legislative Session and if approved by the Legislative Council, the recommendations shall be
implemented if federal law adopts the Streamlined Sales and Use Tax Commission.

Special thanks to House sponsor, Rep. Hill and Senate sponsor, Sen. Ward. Many thanks are also extended to Sen. Smitherman and Sen. Sanders who pushed to have the bill considered on the Senate floor during one of the final days of the session.

This law took effect June 9, 2011.

Tax at the Rack
Act No. 2011-565 (HB 399 by Rep. McCutcheon)
This law revises the motor fuel tax collection and enforcement system by requiring all terminals in Alabama to collect the tax on all fuel that is the destination for sale inside the state of Alabama, whether the fuel is sold to an Alabama distributor or one from another state. The law also provides for enforcement of the motor fuel tax by the Alabama Department of Transportation. Other states which have moved the collection site for motor fuel taxes have seen a significant increase in tax revenues and compliance. This, coupled with allowing the
Department of Transportation to enforce compliance, should improve motor fuel tax revenues received for the benefit of state and county highway departments without increasing tax rates.

The Association extends its appreciation to Rep. McCutcheon who worked tirelessly to move this legislation through the process, and to Sen. Williams who handled this legislation on the Senate floor.

This law takes effect on October 1, 2012, which will allow sufficient time to implement the changes necessary for this new collection and enforcement process.


The real-time status of all ACCA, Danger and local bills can be found by going to and following the steps under Legislative News. Please make copies of this report for all county officials and employees. And remember, the ACCA staff will update the Association's web site with the latest information on the activities in Montgomery.

Questions? Please contact the ACCA staff at .

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