Final Report of the 2011 Regular Session

Download a printer friendly version of the 2011 Final Report.

The 2011 Regular Session of the Alabama Legislature concluded for the year at midnight on
June 9, 2011, with final passage of both the state general fund and education trust fund
budgets. Redistricting of Alabama’s Congressional Districts and State Board of Education
were also given final approval on the last night. The final day was dominated by delaying
tactics in the Senate which prevented passage of many bills scheduled for consideration,
including the Association-supported bill to address the responsibility for regulating
subdivision regulations in municipal planning commission areas. However, at the conclusion
of this year’s session, four of the Association’s priority bills were passed into law, including
limited liability protection for correction officers and reserve deputies.

It was a successful year for counties in other ways as well. While the list of bills identified
by Association staff as potentially dangerous to county government during the legislative
session was probably longer than in past years, the diligent efforts of county officials and
employees both in Montgomery and back home succeeded in limiting the number of
dangerous bills which actually became law. Several bills were amended during the session to
eliminate or temper the concerns of counties. However, many bills, such as those moving
to a four-year reappraisal process or increasing ad valorem tax exemptions, did not become
law. It is likely that many of the bills counties opposed during this session will reappear in
2012, and it will be necessary to again call on counties to help keep bad legislation from
becoming law. However, counties should be proud of their success in preventing passage of
dangerous legislation in 2011. The one Danger Bill which did become law, HB 56 by Rep.
Hammon
dealing with illegal immigration, is outlined below.

As is the case every year, the Association staff monitored hundreds of bills throughout the
2011 Legislative Session to determine whether passage would impact the county
commission or any of the other local entities operating at the county level. Over 30 bills
were amended throughout the session to clarify language, benefit counties, or remove
language that would negatively impact Alabama’s counties. And the Association staff
negotiated on dozens of other bills to prevent damaging language from being included in
pending legislation. In the end, almost 300 bills became law by the end of the session,
including local legislation. Of those 300 bills, there are approximately 55 that are of interest
to counties in one way or another. A brief overview of those legislative items is also set
out below.

Also included in this report is a listing of local bills which were passed into law during the
session.

ACCA BILLS

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.

DANGER BILLS

Illegal Immigration Law
Act No. 2011-535 (HB 56 by Rep. Hammon)

This comprehensive law is aimed at strong regulation of illegal immigration in the state of Alabama. The law requires most employers, including local governments, to use
the federal E-verify system for checking whether job applicants are legally present in the country. There are stiff penalties for noncompliance including, in someinstances, the suspension or repeal of business licenses. The law also requires all law enforcement
officers to check the legal status of persons stopped for driving violations or arrested for any other purposes if there is reason to believe the persons may be unlawfully in the country. Persons detained in county jails cannot be released in many instances until and unless the person’s lawful status is established. In addition to the many other provisions requiring law
enforcement, governmental agencies, and state business to police for the presence of illegal
immigrants, this law allows private citizens to bring action against governmental officials believed to be in noncompliance with procedures required by the law. The Association staff continues to study this new law and will provide counties with much more detailed
information regarding local government and law enforcement responsibilities under this law.

Most provisions of this law take effect September 1, 2011. Some provisions take effect January 1, 2012.

OTHER BILLS OF INTEREST

Contracting and Competitive Bidding


Life Cycle and Cooperative Purchasing
Act No. 2011-530 (HB 13 by Rep. Jack Williams)

This new law makes several changes to Alabama’s public works and competitive bid law. The law allows awarding authorities to utilize life cycle costs when awarding public works projects provided notice of intent to consider life cycle costs and the criteria that will be used are included in the invitation to bid. The law also allows county and municipal governmental entities to purchase from Government Services Administration contracts without bidding and to purchase from certain purchasing cooperative programs where bidding is conducted by a governmental entity provided the bidding process is approved by the Department of Examiners of Public Accounts. More details on this new law are available on the Association’s website.

This law took effect June 9, 2011.

Public Officials Contracts
Act No. 2011-583 (HB 514 by Rep. Galliher)

This new law amends Code of Alabama 1975, § 41-16-60, which prohibited local governmental officials from being financially interested in or having any personal benefit in
contracts with the entity on which they serve. The new law allows local school board members to be financially interested in contracts executed prior to their election or appointment if the official does not participate in the decision-making process either by discussion or vote.
The changes in this law remove all references to county commissions or other county governing boards or instrumentalities, so this law does not apply to county government. And
while it removes a specific prohibition against county commissioners being financially
interested in purchases or contracts of the governing body, there are other provisions in the law prohibiting such activity, so there will be no affect on what county commissioners can and cannot do.

This law took effect June 9, 2011.

Contracts for Recovery Audits
Act No. 2011- 703 (SB 409 by Sen. Marsh)

This act authorizes the Chief Examiner of the Department of Examiners of Public Accounts to
contract with recovery auditors to conduct audits of payments made by state agencies to individuals, vendors, or others to determine whether there has been any overpayment of
state funds. The law sets up a special fund for deposit of any overpayments and provides that any funds earmarked by the constitution will be paid in accordance those provisions. The law does not address recovery audits of local governmental entities.

This law took effect June 14, 2011.

Retainage on Private Contracts
Act No. 2011-647 (SB 437 by Sen. Smitherman)

This law addresses retainage requirements and payments for private construction projects. The law defines retainage and establishes rules and limitations on withholding retainage payments on a private construction project. The new law does not amend the retainage law for public works projects covered by Alabama’s Public Works Law and, therefore, will not apply to county government construction projects.

The new law takes effect Sept. 1, 2011.

Election Issues


Photo ID for Voting
Act No. 2011-673 (HB 19 by Rep. Rich)

This law requires all voters to show a valid photo ID prior to voting in any election in Alabama. The law sets out the list of photo identification that will be accepted and provides a process to obtain such identification from the Secretary of State’s office at no charge for persons who do not have a photo ID meeting the requirements of the statute. The new photo ID requirements will apply beginning with the first election in 2014. Current identification requirements in the
law will apply until the first election in 2014.

This law took effect June 15, 2011.

Secret Ballots
Act No. 2011-656 (HB 64 by Rep. Wallace)

This act proposes a constitutional amendment to ensure that persons will be guaranteed the right to vote by secret ballot in all elections including designations or authorizations of employee representation, such as establishing or determining representation in unions.
This issue will be on the statewide ballot in 2012.

Presidential Primary Dates
Act No. 2011-566 (HB 425 by Rep. Clouse)

As has already been reported by Association staff separately, this new law moves all primaries in the state to the second Tuesday in March during years in which the presidential preference primary is held. This means that the primary for all county commission seats on the ballot in 2012 will be held in March instead of June. The primary will remain on the first Tuesday in
June for years in which the presidential election is not on the ballot. Language was added at the request of Association staff to ensure that all references in the law to the “June primary” will mean the March primary in presidential election years.

This law took effect June 9, 2011.

Electronic Overseas Voting Advisory Committee
Act No. 2011-619 (SB 55 by Sen. Dial)

This act establishes a committee to research and advise the secretary of state regarding implementation of an electronic means for persons overseas to vote in Alabama by absentee ballot. Counties have an appointment on the committee. The law sets out certain procedures and requirements to be included in the adopted system and specifically provides that all costs
associated with the committee and the implementation of a new program are to be paid from state or federal monies available to the secretary of state.

This law took effect June 9, 2011.

Ethics and Campaign Finance

Reporting State Employment and Contracts
Act No. 2011-674 (HB 58 by Rep. Ball)

This law requires all public officials, candidates, and spouses of public officials or candidates to report employment or contracts with the state or federal government to the Alabama Ethics
Commission within 30 days of accepting such employment or contract. Employment or
contracts currently in place shall be reported within 30 days of the effective date of the act. The law sets out what information must be reported.

The law takes effect August 14, 2011.

Campaign Finance Disclosure Reports
Act No. 2011-687 (SB 136 by Sen. Orr)

This law amends current law relating to the filing of campaign finance disclosure reports to
require that reports be filed more often, to require Section 527 political organizations to file
campaign finance disclosure reports, to provide for the reporting of large contributions, and to require electronic reporting beginning with the 2014 election cycle. The law requires the secretary of state to establish and maintain an electronic, searchable, public database of all
campaign contributions and expenditures required to be filed in that office, and it allows the
secretary of state to promulgate rules for implementing and administering the act.

This law takes effect Sept. 1, 2011.

Corruptly Influencing Action
Act No. 2011-632 (SB 222 by Sen. Marsh)

Legislation passed during the special session on ethics reform held in December 2010 prohibits the offer or receipt of anything for the purpose of influencing official action. This new law amends that provision by clarifying that a public official or employee is prohibited from
receiving or soliciting anything for the purpose of corruptly influencing official action. The act
provides that the term “corruptly” means “to act voluntarily, deliberately, and dishonestly to either accomplish an unlawful end or result or to use an unlawful method or means to accomplish an otherwise lawful end or result”. This new language will need to be interpreted by the Alabama Ethics Commission to determine what, if anything, county officials and employees will be allowed to accept from vendors, lobbyists, or others with whom the county may do business. Association staff will monitor this issue carefully and keep counties informed of any developments or clarifications as they occur.

This law took effect June 5, 2011.

Political Advertising Disclosure
Act No. 2011-697 (SB 284 by Sen. Orr)

This act requires disclosure of the names of an organization or entity paying for electioneering
communications and political advertising in the same form and manner as disclosure required of political action committees. There are certain exemptions included in the law, such as an exemption for churches unless such expenses are used to influence the outcome of
an election.

This law takes effect July 1, 2011.

Employee Benefits

Health Insurance Premium Deduction
Act No. 2011-155 (HB 61 by Rep. Weaver)

This law grants employers with less than 25 employees a 100 percent state income tax deduction on any health insurance premiums paid for their employees. The law also allows
employees making no more than $50,000 to deduct 100 percent of health insurance premiums paid if their total reported income is no more than $75,000 or $150,000 for
joint returns. Current law allows for a 50 percent deduction. This law applies for tax years beginning after December 31, 2010.

This law took effect April 21, 2011.

Repeal of DROP
Act No. 2011-27 (SB 72 by Sen. Marsh)

This law, passed early in the session, repeals the DROP program, prohibiting any new applications after April 1, 2011. The law also decreases interest payments for persons who
remain employed after completing the DROP. The final version of this law includes the establishment of a committee to look at other methods to encourage experienced education
employees to continue working after reaching eligibility for retirement.

This law took effect March 24, 2011.

State Employees Health Insurance Plan
Act No. 2011-698 (SB 309 by Sen. Marsh)

This law requires that all state employees retiring after December 31, 2011 must have at least 10 years of service in the state employees’ health insurance plan to be eligible for retiree coverage. It also subjects employees retiring after December 31, 2011 to a sliding scale for
premium calculation based on years of creditable coverage in the state employees’ health insurance plan. This law does not affect county employees or the local government health insurance plan.

This law took effect June 14, 2011.

Taxes, Fees, and Licenses

Tow Truck Licensing Fees
Act No. 2011-540 (HB 105 by Rep. McClendon)

This law alters the method for calculating the weight of a motor vehicle wrecker for the purpose of license and registration fees by including the weight of the vehicle only and not the maximum weight that may be towed by the vehicle. This law will mean a small reduction in vehicle registration revenues, including those paid to the Department of Transportation and to
counties.

This law took effect June 9, 2011.

Construction Property Ad Valorem Taxes
Act No. 2011-544 (HB 179 by Rep. Jack Williams)

This law allows developers and other persons or entities involved in residential homebuilding to qualify the construction property and lots for ad valorem tax purposes as Class III property for a period not to exceed 24 months. This will result in such property being taxed at 10 percent
rather than the current 20 percent rate. This law also provides that a person whose property is damaged or destroyed by a storm may continue to classify the property as residential while
it is being repaired or rebuilt.

The final version of this law includes language negotiated by Association staff to ensure that the reduced tax rate for construction property is limited to two years, that eligibility is limited to certain properties meeting criteria set out in the law, and that the entity seeking the lower tax rate be required to provide proof that all qualifying criteria are met.

This law takes effect Sept. 1, 2011.

Secondary Metals Recyclers
Act No. 2011-633 (SB 224 by Sen. Marsh)

Existing law requires a scrap metal processor who acquires a motor vehicle for the purpose of recycling the metal to surrender the title to the Department of Revenue. This act amends the current law to provide procedures for the owner of the vehicle to transfer the motor vehicle to an
automotive dismantler and parts recycler or a secondary metals recycler without a title if certain conditions are met and the owner issues a statement regarding the ownership, value, and
identifying characteristics of the motor vehicle. The law requires licensing of a dismantler or recycler to and provides procedures for the dismantler or recycler to follow including providing
the owner’s statement to the Department of Revenue and maintaining records of vehicles purchased for recycling or remelting. The law allows law enforcement to confiscate vehicles
or tools used in illegal sales and provides criminal penalties for violations of the act.

Some portions of this law take effect Oct. 1, 2011. The remainder takes effect Jan. 1, 2012.

Low Speed Vehicles
Act No. 2011-205 (SB 253 by Sen. Keahey)

This law will allow mini-trucks to operate on public roads and streets where the posted minimum speed limit is 25 miles per hour or less. Qualifying vehicles will not be required to have a title but will be required to register the vehicle and receive a “restricted for low speed use” license plate. A mini-truck is defined as a four-wheeled reduced dimension truck not less than 48 inches wide, with a weight, including fuels and fluids, of not less than 1,500 pounds,
equipped with a fully enclosed metal cab, and an installed speed governor to prevent the truck from exceeding 25 miles per hour.

This law takes effect Jan. 1, 2012.

Liability Insurance Verification Law
Act No. 2011-688 (SB 137 by Sen. Orr)

This law makes several changes to the current motor vehicle liability insurance law, including making provision for online verification of such insurance and clarifying required liability policy amounts. The law will require the verification of motor vehicle liability insurance prior to
motor vehicle registration and reregistration and will allow the Department of Revenue and law
enforcement to electronically verify motor vehicle liability insurance. The online verification provisions of this law take effect January. 1, 2013. The other changes in the law became
effective June 14, 2011.

Health and Public Safety

EMA Agreements with Indian Tribes
Act No. 2011-546 (HB 182 by Rep. Baker)

Current Alabama law authorizes the governor to enter into mutual aid agreements with other states and the federal government to assist in emergency situations. This act amends current law to also allow the governor to enter into such mutual aid agreements with recognized Indian
tribes located in the state. Additionally, this law allows directors of local emergency management agencies to develop mutual aid agreements with federally recognized Indian tribes located within the state.

This law takes effect Sept. 1, 2011.

Firefighters Annuity and Benefit Fund
Act No. 2011-552 (HB 243 by Rep. Merrill)

This law creates an income tax refund check-off allowing a taxpayer to make a contribution to the Alabama Firefighters Annuity and Benefit Fund.

The law takes effect for tax years beginning after Dec. 31, 2012.

Radio Notification Communication Districts
Act No. 2011-675 (HB 389 by Rep. Boyd)

This new law allows one or more counties to establish, by resolution, a radio/alert notification
communications district comprised of the territory wholly within the respective counties. The law allows for a board of directors with representatives from the counties comprising the district to oversee operations, provides for establishing the powers and duties of the board,
and allows the board to assess a fee to fund the cost of providing radio/alert notification
communications within the district. This law was enacted to provide for a joint project by Calhoun and Talladega counties, but as a statewide law would allow for similar projects in other areas.

This law takes effect Sept. 1, 2011.

Good Samaritan Law
Act No. 2011-510 (HB 510 by Rep. Collins)

This law amends the existing law which grants some liability protection for persons who assist in an emergency. The new law extends these liability protections to persons acting in good faith who render emergency care at the scene of an accident or emergency without
charge. These persons are also protected against civil damages for any act or omission in rendering the emergency care or for any act or failure to act to provide or arrange for further medical treatment if they act as a reasonably prudent person would have acted under the same or similar circumstances.

This law takes effect Sept. 1, 2011.

Animal Euthanasia
Act No. 2011-626 (SB 172 by Sen. Marsh)

This law establishes the procedures for euthanasia of cats and dogs held in animal shelters and prohibits the use of gas chambers for such euthanasia.

This law takes effect Dec. 31, 2011.

Highway and Land Issues


Agricultural Tourist Attractions
Act No. 2011-547 (HB 188 by Rep. Thomas)

This act provides for roadside signs identifying agricultural tourist attractions as approved by the Department of Agriculture and Industries. The Department of Transportation shall approve all signage along state roads, and the county engineer shall approve signage on county roads. All costs of signage, including maintenance, shall be paid for by the agricultural tourist attraction requesting the signs.

This law takes effect Sept.1, 2011.

Deaf or Blind Child Warning Signs
Act No. 2011-561 (HB 335 by Rep. Joe Hubbard)

This new law allows a city or county to post signs warning drivers of a deaf or blind child in the area. The cost of the sign may be paid by the requesting party, a private individual, or a neighborhood association. The city or county shall annually review the placement of signs to ensure they are still applicable.

This law takes effect Sept. 1, 2011.

Fertilizer Ordinances
Act No. 2011-624 (SB 123 by Sen. Whatley)

This law prohibits counties and municipalities from adopting any ordinances pertaining to the
registration, packaging, labeling, sale, distribution, transportation, storage, or application of fertilizers, reserving such regulation to the Department of Agriculture and Industries exclusively. The law does not prevent local governments from adopting zoning ordinances or business licenses provided such ordinances are not aimed at regulation of fertilizer.

This law takes effect Sept. 1, 2011.

Road and Bridge Fund Transfer
Act No. 2011-635 (SB 252 by Sen. Orr)

Prior to passage of this act, funds transferred from the Public Road and Bridge Fund of the Department of Transportation to the Department of Public Safety could only be expended
for the purchase of equipment for traffic law enforcement. This act amends current law to provide that such funds may be expended for the operations of the Department of Public Safety for fiscal years ending September 30, 2012, 2013, and 2014.

This law took effect June 9, 2011.

Forever Wild Land Trust
Act No. 2011-315 (SB 369 by Sen. Brewbaker)

This act proposes a constitutional amendment reauthorizing the Forever Wild Land Trust fund in its current form. The question will be presented to Alabama voters on the general election ballot in November 2012.

Economic Incentives, Business, and Tourism


Tax Credit for Employers Creating Jobs
Act No. 2011-551 (HB 230 by Rep. Galliher)

This law allows a $1000 state income or financial institution excise tax credit for small businesses that create new jobs paying more than $10 per hour. The credit is available in the tax year during which the employee has completed 12 months of consecutive employment. This legislation was originally written to provide for an income tax credit only, but was amended during the process to include credits from the financial institution excise tax. The new law, which could result in a small reduction of income counties receive from the financial institution excise tax, applies to tax years beginning on and after Jan.1, 2011.

Economic Development Contracts
Act No. 2011-216 (SB 77 by Sen. Marsh)

This law provides that no commitment made by the state to provide economic development funds as an incentive for a company to build or expand in this state shall be valid unless a mutually acceptable written contract outlining the conditions of the project is executed within five years of the date of the commitment. The law also provides that any commitment in place on the effective date of the act will be void five years after the commitment or the effective
date of the act, whichever is later, unless the parties have entered into a mutually acceptable written contract outlining the conditions of the project within that time period.

This law took effect May 4, 2011.

Brewpubs
Act No. 2011-630 (SB 192 by Sen. Holtzclaw)

This act amends current law related to brewpubs by eliminating provisions limiting the circumstances under which a brewpub may be established and operated. The law also allows
such establishments to offer tours and free samples and levies excise taxes and licensing fees for such operations.

This law took effect June 9, 2011.

Local Authorities to Promote Tourism
Act No. 2011-692 (SB 231 by Sen. Brooks)

This act authorizes one or more municipalities and/or counties to establish a public authority for the purpose of tourism promotion and development in the geographic area served by the
authority. The public authority would be governed by a board of directors comprised of representatives from the geographic area served by the authority. The duties and powers of the board are set out in the law.

This law took effect June 14, 2011.

Entertainment Industry Incentive Act
Act No. 2011-695 (SB 255 by Sen. Dial)

This law amends the existing law granting state sales, use, and lodging tax exemptions for film industry projects to provide that the exemption is available for a television series, miniseries, or single commercial. It also makes some changes regarding when the credits
are available. These amendments retain language ensuring that these tax exemptions do not apply to local sales, use, and lodging taxes.

The law takes effect Sept. 1, 2011.

Environmental Issues

Landfill Moratorium
Act No. 2011-297 (HB 406 by Rep. Baker)

This law places a 24-month moratorium on the issuance of permits for certain new public solid waste landfills to allow ADEM and the Department of Public Health adequate time review their responsibilities pursuant to the existing solid waste management act and to update the state’s comprehensive solid waste management plan to identify the state’s solid waste management needs. The law, which is similar to an executive order issued by the governor earlier this year, does provide for waivers and exceptions under circumstances set out
in the law.

This law took effect May 31, 2011.

ADEM Penalties
Act No. 2011-612 (HB 106 by Rep. Clouse)

This new law removes the minimum penalty amounts which can be assessed for violations of ADEM regulations or orders.

This law took effect June 9, 2011.

Crimes and Penalties

Seizure of Fighting Dogs
Act No. 2011-542 (HB 115 by Rep. Ison)

This act amends current law related to confiscation of dogs which have been involved in dog fighting to allow the entity holding a dog pending the outcome of criminal proceedings to
require the dog owner to post bond sufficient to cover the costs of keeping the dog. The law sets out due process procedures for the owner to contest the posting and amount of bond and to recover any unused funds at the conclusion of the case.

This law takes effect Sept. 1, 2011.

Assaulting Off-Duty Officers
Act No. 2011-550 (HB 219 by Rep. Wood)

Under current Alabama law, it is a crime to assault a law enforcement officer. This act amends that law to include the assault of an off-duty law enforcement officer in uniform as a crime if the off-duty officer is employed or working under contract for a private or public entity.

This law took effect June 9, 2011.

Domestic Violence Penalties
Act No. 2011-581 (HB 512 by Rep. Givan)

This law adds 12 crimes to the definitions of domestic violence with increased penalties, including mandatory jail time for some offenses. It is unclear what the full impact of these changes will be, but it is believed that this law will increase the obligations of the courts, the local jails and the Department of Corrections. However, the law may also increase fine monies paid to the state, counties, and municipalities.

This law will take effect Sept. 1, 2011.

Ignition Interlock for DUIs
Act No. 2011-613 (HB 361 by Rep. Hill)

This law requires persons who have been convicted of driving under the influence to obtain an ignition interlock device for their vehicles to prevent such persons from driving while intoxicated. The law sets out procedures for obtaining the devices and requires nonindigents
to pay the cost of installation. The law also requires the payment of fines and fees and provides for a portion of such fees to be paid to the county general fund.

This law takes effect Sept. 1, 2011.

DUI Penalties
Act No. 2011-621 (SB 67 by Sen. Glover)

This law increases penalties for DUI repeat offenders including the doubling of certain fines and mandatory incarceration in the county jail. The sponsor of this legislation had agreed to language providing that the defendant would be required to pay a portion of the costs of incarceration, but the House Judiciary Committee removed this language after the bill had passed the Senate.

This law takes effect Sept.1, 2011.

Falsifying Boat Identification
Act No. 2011-294 (SB 170 by Sen. Waggoner)

This law makes it a crime to alter or remove the identification numbers or registration information on boats, outboard motors, or boat trailers. It also provides that it is illegal to possess such altered property. The law sets out procedures for law enforcement to seize property which appears to be altered to investigate and for the return or disposal of property
determined to have been altered or stolen.

This law takes effect Jan. 1, 2012.

Electronic Ticketing for Nontraffic Violations
Act No. 2011-628 (SB 185 by Sen. Fielding)

This law allows for the use of electronic ticketing for non-traffic motor vehicle offenses. The law sets out procedures for issuing such tickets and requirements for ticketed persons to appear in court and/or pay the fines for cited violations. This law will take effect Sept. 1, 2011.

Sex Offender Notification
Act No. 2011-296 (SB 296 by Sen. Ward)

This act rewrites the sex offender notification act. The existing law is repealed. The revised version of this law still requires that persons convicted of any of the sex offenses set out in the
law shall be required to register as a sex offender and report residency and employment information to local law enforcement prior to and following release from prison. It is not as yet
clear what substantive changes have been made that will impact county government and local law enforcement differently from current law. More information regarding the new law will be provided to counties in the coming weeks.

The new law takes effect July 1, 2011.

Courts, Prisons, and Sentencing Reform

Victims Notification Act
Act No. 2011-681 (SB 47 by Sen. Ward)

This act makes substantial changes to the process utilized to notify victims and their family members of the possible parole or release of the person who committed the crime against the
victim. This law, which is one of the few items from the chief justice’s sentencing reform package which passed during this session, is intended to streamline and modernize the notification process to better ensure victims are properly notified where they have requested
such notification. The final version of this law is the result of extensive negotiations among the Administrative Office of Courts, the Department of Pardons and Paroles, and victim advocacy groups.

This law takes effect Jan. 1, 2012.

Medication for Prisons
Act No. 2011-686 (SB 113 by Sen. Orr)

This law will allow the Department of Corrections or a company with whom they contract to redispense certain unused medications. The law sets out the criteria which must be met for redispensing. The law does not apply to the county jail.

This law took effect June 14, 2011.

Technical Probation Violations
Act No. 2011-696 (SB 267 by Sen. Ward)

This act, which was part of the Chief Justice’s Sentencing Reform Package, amends existing law regarding penalties for technical violations of probation – violations that are not in themselves crimes but violate the conditions of a person’s probation. The changes in the law are intended to broaden administrative penalties for violation to reduce the possibility that a person violating probation will be incarcerated. The changes do include the possibility of shortterm confinement in the county jail so it is unclear at this time exactly what impact this law will have on the population of county jails.

This law takes effect June 14, 2011.

Indigent Defense Services
Act No. 2011-618 (SB 440 by Sen. Ward)

This new law amends current law related to providing legal services to indigents by creating an Office of Indigent Defense Services within the Department of Finance. This office will oversee the provision of and payment for indigent defense services throughout the state. The
law also creates advisory boards in each judicial circuit to make recommendations about the best approach to providing such services within the circuit. The law contemplates that, as with current law, the state will be responsible for the payment of expenses for indigent legal representation. However, it does retain language in current law providing that counties
contributing to such services pursuant to a revenue source created by local law will continue
to make contributions.

This law takes effect Sept.1, 2011.

Miscellaneous

Sudden Infant Death Investigation Team
Act No. 2011-705 (SB 427 by Sen. Figures)

This law creates the Alabama Sudden Unexplained Death Investigation Team to provide for
the development and maintenance of training programs for infant death scene protocol and
investigation. The team will be comprised of members of the State Child Death Review Team. Law enforcement and coroners will be required to obtain training on investigation protocol and reporting requirements.

This law takes effect Dec. 1, 2011.

Notaries Public
Act No. 2011-619 (SB 54 by Sen. Irons)

This law rewrites the law on notaries public to remove distinctions in the law between county and state notaries. The revision includes slight increases in the fees charged by probate judges for notary applications and the fees that notaries can charge for services.

This law takes effect Jan.1, 2012.

Limitation of Actions against Engineers
Act No. 2011-519 (SB 59 by Sen. Ward)

This law reduces the time frame for bringing civil action against architects, engineers, or builders for any defects in work performed on projects from 11 years to seven years. This was part of the tort reform package supported by the leadership in the House and Senate.

This law takes effect Sept. 1, 2011.

LOCAL BILLS

Baldwin County

Act No. 2011-240 (HB276)
Foley, corp. limits alt.

Act No. 2011-241 (HB280)
Foley, corp. Limits alt.

Act No. 2011-323 (HB493)
Baldwin Co., county personnel merit system, appointment of budget director and communication and information systems director as contract employees, Sec. 45-2- 120.12am’d.

Act No. 2011-316(HB588)
Baldwin Co., Stockton Landmark District, boundaries defined, annexation by local law prohibited, const. amend. (2011-20886)

Act No. 2011-268
(SB99)

Baldwin Co., occupational tax, levy prohibited, const. amend.

Act No. 2011-313 (SB377)
Baldwin Co., court costs in circuit and district court, deposit in Law Library and Judicial Administration Fund, expiration extended, Sec. 45- 2-80.87 am’d.

Act No. 2011-652 (SB482)
Gulf Shores, corp. limits alt.

Bibb County

Act No. 2011-592 (HB581)
Bibb Co., tax assessor/collector, expenses financed on pro rata share basis from state, county, and municipal ad valorem tax.

Act No. 2011-593 (HB586)
Bibb Co., county commission may expend certain amount of funds from County Government Capital Improvement Fund for operation of county highway department.

Calhoun County

Act No. 2011-334 (HB590)
Calhoun Co., court costs, circuit, district, and municipal courts, additional in certain cases, distrib. for drug courts

Act No. 2011-266 (SB322)
Piedmont, corp. limits alt.

Chilton County

Act No. 2011-324 (HB559)
Chilton Co., court costs, additional authorized in certain cases, distrib.

Clarke County

Act No. 2011-594 (HB594)
Clarke Co., solicitor’s fee authorized equal to fee for Fair Trial Tax Fund, distrib. to circuit clerk and district attorney

Act No. 2011-596 (HB599)
Clarke Co., lodging tax, increased, Act 2004-264, 2004 Reg. Sess. am’d.; Sec. 45-13-243 am’d.

Act No. 2011-314 (SB421)
Thomasville, corp. limits alt.

Clay County

Act No. 2011-325 (HB570)

Clay Co., coroner, expense allowance increased, retroactive effect, Sec. 45- 14-60 am’d.; Act 2010-197, 2010 Reg. Sess. am’d.

Act No. 2011-326 (HB571)
Clay Co., sheriff, pistol permits, fee increased, Sec. 45-14-232 am’d.

Cleburne County

Act No. 2011-609 (HB668)
Cleburne Co., court costs in traffic cases, county commission authorized to levy additional in circuit, district, or municipal court, distrib.

Coffee County

Act No. 2011-603 (HB628)
Coffee Co., sheriff, Sheriff ’s Work Release Fund, established, use of funds for law enforcement, audit.

Colbert County

Act No. 2011-320 (HB470)
Colbert Co., solicitor’s fee, levy continued pursuant to Sec. 12-19-182, Code of Alabama 1975, Act 2009-733, 2009 Reg. Sess. repealed; Sec. 45-17- 80.03 repealed.

Act No. 2011-610 (HB670)
Colbert Co., sheriff, pistol permit, fee, Sec. 45-17-233 am’d. (2011-20936).

Conecuh County

Act No. 2011-597 (HB603)
Conecuh Co., board of education, authorized to insure school buildings and property in State Insurance Fund or in an insurance company.

Coosa County

Act No. 2011-150 (SB221)
Coosa Co., water systems, private, water furnished by municipality, regulated by municipality rather than Public Service Commission

Dale County

Act No. 2011-119 (HB72)
Daleville, alcoholic beverages, sale of draft or keg beer or malt beverages authorized, referendum

Act No. 2011-118(HB73)
Ozark, alcoholic beverages, sale of draft or keg beer or malt beverages authorized, referendum, Act 2008-423, 2008 Reg. Sess. Repealed

DeKalb County


Act No. 2011-242(HB282)
Jackson Co. and DeKalb Co., Industrial Development Authority, established to promote property near Northeast Alabama Community College, members, Act 2010-728, 2010
Reg. Sess. am’d.

Elmore County

Act No. 2011-595(HB595)
Elmore Co., court costs, additional in certain circuit and district court cases, distrib. of proceeds to circuit clerk and for operation of judicial complex.

Escambia County

Act No. 2011-239 (HB187)
Escambia Co., sheriff, service of process, fee increased, distrib. for law enforcement purposes.

Etowah County

Act No. 2011-253 (HB529)
Etowah Co., alcoholic beverages, beer tax pursuant to Section 28-3-190, Code of Alabama 1975, distribution further provided for.

Act No. 2011-601 (HB622)
Etowah Co., sales and use tax, portion of proceeds distributed to capital projects, use for salary of certified personnel of school systems and Gadsden State Community College
authorized during proration, Act 95- 284, 1995 Reg. Sess.; Act 2009-591, 2009 Reg. Sess. am’d.

Act No. 2011-606 (HB654)
Etowah Co. (16th Judicial Circuit), pretrial diversion program, established

Greene County

Act No. 2011-135 (HB1)
Greene Co., sheriff may operate jail store, distrib. for law enforcement purposes, audit, prior actions ratified and confirmed.

Hale County

Act No. 2011-256 (HB148)
Hale Co., ad valorem tax, additional authorized, pursuant to Act 92-565, 1992 Reg. Sess., for new county jail, excess amount collected to be used for law enforcement purposes,
continuation of tax collection, retroactive effect, const. amend.

Act No. 2011-310 (SB512)
Hale Co., ad valorem tax, additional authorized, pursuant to Act 92-565, 1992 Reg. Sess., for new county jail, excess amount collected to be used for law enforcement purposes,
continuation of tax collection, retroactive effect, Act 2011-256, 2011 Reg. Sess. repealed, const. amend.

Henry County

Act No. 2011-335 (HB592)
Henry Co., Sheriff ’s Work Release Fund, use for law enforcement.

Houston County

Act No. 2011-246 (HB397)
Dothan, ad valorem tax, increased, referendum, distrib. to city board of education and Houston-Love Memorial Library Board.

Jackson County

Act No. 2011-242 (HB282)
Jackson Co. and DeKalb Co., Industrial Development Authority, established to promote property near Northeast Alabama Community College, members, Act 2010-728, 2010
Reg. Sess. am’d.

Act No. 2011-333 (HB589)

Hollywood, corp. limits alt.

Act No. 2011-611 (HB676)
Jackson Co., Tennessee Valley Authority, payments in-lieu-of-taxes, distrib. to legislative delegation office, schools, municipalities, Discretionary Fund Committee, Act 79-473, 1979
Reg. Sess.; Act 88-292, 1988 Reg. Sess.; Act 99-550, 1999 Reg. Sess. repealed (2011-21016
.
Act No. 2011-654 (SB503)
Jackson Co., Tennessee Valley Authority, payments in-lieu-of-taxes, distrib. to legislative delegation office, schools, municipalities, Discretionary Fund.

Jefferson County

Act No. 2011-69 (HB159)
Jefferson Co., county manager, county commission required to hire, employment in non-merit (at-will) position, qualifications, term, benefits, duties, filling vacancies.

Act No.2011-70 (HB160)
Jefferson Co., county employees, certain positions to be employees at-will, transfer from classified to unclassified, return of unclassified employee to classified service, compensation, benefits.

Act No.2011-569 (HB442)
Midfield, motor vehicles, automated traffic infraction device, use for red light enforcement authorized, procedures, posting of informational signs, civil fines, record keeping by Criminal Justice Information Center, appeals, tampering with photographic traffic signal enforcement system, prohibited, Midfield Red Light Safety Act.

Act No. 2011-580 (HB511)
Center Point, motor vehicles, photographic red light traffic signal enforcement system, camera
automated civil enforcement of violations of red lights, stop signs, and speeding, authorized, enforcement by sheriff, procedures, notices of violations, civil fines, traffic safety fund account established, appeals, hearings.

Act No. 2011-584 (HB515)
Birmingham, firefighters and police officers, pension system, supplemental, investments, Act 556, 1959 Reg. Sess. am’d.

Act No. 2011-585 (HB521)

Birmingham, firefighters and police officers, pension system, supplemental, investments further provided for to comply with the Internal Revenue Code, Act 929, 1951 Reg. Sess.; Act
2006-339, 2006 Reg. Sess. am’d.

Act No. 2011-662 (HB664)
Jefferson Co., business license tax, county commission authorized to levy, exceptions and limits, distrib. to county general fund.

Act No. 2011-336 (SB342)
Class 1 municipalities, waterworks board, interest on deposits, rate provided for, Act 80-327, 1980 Reg. Sess. am’d.

Act No. 2011-711 (SB511)
Jefferson Co., (Birmingham Division and Bessemer Division), solicitor’s fee equal to fee for Fair Trial Tax Fund, distrib. for circuit court clerk, municipal court clerk, and district attorney’s office, Act 2009-612, 2009 Reg. Sess. am’d.

Lauderdale County

Act No. 2011-663 (HB587)
St. Florian, alcoholic beverages, sale of draft or keg beer authorized, Sunday sales authorized

Act No. 2011-604 (HB629)
Killen, corp. limits alt.

Act No. 2011-649 (SB479)
Lauderdale Co., solicitor’s fee, levy continued pursuant to 12-19-182, Code of Alabama 1975, Sec. Act 2009- 611, 2009 Reg. Sess. Repealed

Act No. 2011-650 (SB480)

Lauderdale Co., court costs, additional in circuit and district court and municipal court of Florence, distrib. to City of Florence for Lauderdale County Drug Task Force.

Act No. 2011-651 (SB481)
Lauderdale Co. (11th Judicial Circuit), pretrial diversion program, established

Lawrence County

Act No. 2011-321 (HB490)
Lawrence Co., sheriff, authorized to provide retiring officer with badge and pistol, retroactive effect.

Lee County

Act No. 2011-588 (HB540)
Lee Co., sales and use tax, county commission authorized to levy outside corporate limits of Auburn, Opelika, and Phenix City.

Act No. 2011-202 (SB292)
Lee Co., coroner, vehicle allowance provided for, Act 2001-638, 2001 Reg. Sess. am’d.

Act No. 2011-203 (SB293)
Lee Co., sheriff, authorized to sell certain abandoned, unclaimed, or stolen firearms, Act 98-577, 1998 Reg. Sess. am’d.

Act No.2011-204 (SB294)
Lee Co., constable, office abolished.

Act No. 2011-523 (SB378)
Lee Co., sales and use tax, county commission authorized to levy outside corporate limits of Auburn, Opelika, and Phenix City, Act 1254, 1969 Sp. Sess.; Act 89-629, 1989 Reg. Sess. am’d.

Act No.2011-524 (SB411)
Opelika, motor vehicles, automated traffic infraction device, use for red light enforcement authorized, procedures, posting of informational signs, civil fines and court costs, additional court costs for record keeping by Criminal Justice Information Center, appeals, penalties
for intentional tampering with device, Opelika Red Light Safety Act.

Act No. 2011-526 (SB451)
Lee Co., fire districts, definition of dwelling, rates, emergency medical services, employment of paid firefighters, ballots, Act 89-390, 1989 Reg. Sess. am’d.

Limestone County

Act No. 2011-262 (HB458)
Athens, sale of draft or keg beer or malt beverages authorized, city council to approve and regulate.

Act No. 2011-292 (SB405)
Athens, sale of draft or keg beer or malt beverages authorized, city council to approve and regulate.

Macon County

Act No. 2011-598 (HB604)
Macon Co., business licenses, county commission authorized to set fees.

Act No. 2011-599 (HB605)
Macon Co., county commission, county roads, duties further provided for.

Madison County


Act No. 2011-352 (HB439)
Madison Co., dogs, dangerous dogs in unincorporated areas of county, county commission by resolution may establish procedure for determining, dog required to be kept in fenced
enclosure, civil penalties, const. amend.

Act No. 2011-591 (HB575)
Madison Co., sheriff, pistol permits, fee increased, Act 489, 1975 Reg. Sess. am’d.

Act No. 2011-658 (HB624)
Madison Co., alcoholic beverages, licensure and regulation, county commission authorized by resolution to levy privilege or license fee, collection, distrib.

Act No. 2011-608
(HB662)
Madison Co., district attorney, fee assessed in municipal court, distrib. to circuit and municipal clerks and district attorney, Act 2007-471, 2007 Reg. Sess. am’d.

Marengo County


Act No. 2011-237 (HB30)
Marengo Co., probate court, property instruments, additional recording fee, use for probate office.

Act No. 2011-238 (HB31)

Marengo Co., judge of probate, special court filing fee authorized.

Marion County

Act No. 2011-322(HB491)
Winfield, city council authorized to establish a theater board for maintenance and operation of Pastime Theater, members, terms, duties, funding.

Act No. 2011-301(SB344)
Marion Co., court costs, Legislature authorized to provide by general or local law, prior local laws ratified, const. amend.

Act No. 2011-653(SB490)

Marion Co., court costs, additional in domestic violence cases in circuit, district, and municipal courts, distrib. to Coalition Against Domestic Violence, effective subject to constitutional amendment.

Marshall County

Act No. 2011-602 (HB613)
Marshall Co., Tennessee Valley Authority, payments in-lieu-of-taxes, portion distrib. to local boards of education.

Act No. 2011-527 (SB473)
Marshall Co., Tennessee Valley Authority, payments in-lieu-of-taxes, portion distrib. to local boards of education.

Mobile County

Act No. 2011-543 (SB466)
Prichard, Water Works and Sewer Board, merger with Mobile Area Water and Sewer System, assumption of assets and debt, const. amend.

Monroe County

Act No. 2011-243 (HB287)
Monroe Co., sheriff, service of process, fee, distrib. to county commission for law enforcement
purposes.

Act No.2011-244 (HB288)
Monroe Co., county revenue commissioner, property tax paid through Internet, convenience fee per transaction authorized.

Act No. 2011-245 (HB289)
Monroe Co., motor vehicles, license tag renewal paid through Internet or by mail, convenience fee or mailing fee per transaction authorized.

Montgomery County

Act No. 2011-298 (HB476)
Montgomery, motor vehicles, automated photographic speeding enforcement, authorized, procedures, posting of informational signs, adoption of municipal ordinances, civil fines, record keeping, municipal court jurisdiction, appeals, notice of violations, Montgomery Speed Limit Safety Act, Act 2009-740, 2009 Reg. Sess. am’d.

Act No. 2011-586 (HB538)
Montgomery Co., court costs, criminal cases in circuit and district courts, booking fee for convicted defendants booked or incarcerated in county jail, distrib. of revenue to county general fund

Act No. 2011-587 (HB539)

Montgomery Co., sheriff, fees authorized for services such as fingerprinting, criminal history
investigations and reports, distrib. to county general fund (2011-20958)

Act No. 2011-337 (SB356)
Montgomery, motor vehicles, automated photographic speeding enforcement, authorized, procedures, posting of informational signs, adoption of municipal ordinances, civil fines, record keeping, municipal court jurisdiction, appeals, notice of violations, Montgomery Speed Limit Safety Act, Act 2009-740, 2009 Reg. Sess. am’d.

Perry County

Act No. 2011-265 (SB208)
Perry Co., lodging tax levied, collection, distrib.

Act No. 2011-525 (SB422)
Perry Co., sheriff, additional expense allowance and salary.

Randolph County

Act No. 2011-327 (HB572)
Randolph Co., sheriff, pistol permits, fee increased, Act 89-446, 1989 Reg. Sess. am’d.

Russell County

Act No. 2011-590 (HB563)
Phenix City, police chief, authorized to sell certain abandoned, unclaimed, or stolen property, and firearms, distrib., Act 2000-777, 2000 Reg. Sess. Repealed.

Act No. 2011-659 (HB593)
Russell Co., alcoholic beverages, sale of draft or keg beer in unincorporated area of the county, county commission may authorize, Sunday sales authorized.

Shelby County

Act No. 2011-319 (HB452)
Shelby Co., property tax commissioner, business personal property tax, electronic filing of
returns provided for.

Act No. 2011-328 (HB574)
Shelby Co., county commission, ordinances relating to county property, adoption, criminal
penalties.

Act No.2011-330 (HB583)

Shelby Co., court costs, additional in certain civil and criminal cases, distrib. to district attorney, community corrections, and Judicial Administration Fund.

Act No. 2011-331 (HB584)
Shelby Co., solicitor’s fee equal to fee for Fair Trial Tax Fund, distrib. for circuit clerk and district attorney’s office.

Act No. 2011-332
(HB585)
Shelby Co., solicitor’s fee, portion distrib. to municipal court clerk when case originates in municipal court, Act 2007-306, 2007 Reg. Sess. am’d.

Talladega County

Act No. 2011-329 (HB580)
Talladega Co., E-911 Board, appointment of additional member (2011-20824).

Act No. 2011-217 (SB339)
Talladega Co., solicitor’s fee equal to fee for Fair Trial Tax Fund, distrib. for circuit clerk and district attorney’s office (2011-20405)

Tuscaloosa County


Act No. 2011-120 (HB66)
Northport, alcoholic beverages, Sunday sales authorized under certain conditions, referendum.

Act No.2011-600 (HB627)
Tuscaloosa Co., alcoholic beverages, Sunday sales authorized under certain conditions outside the city limits of Tuscaloosa and Northport, referendum.

Act No.2011-660 (HB634)
Tuscaloosa, pretrial diversion program, established.

Act No. 2011-607 (HB661)
Tuscaloosa Co., court costs, additional in circuit and district court cases, distrib. for clerks and law library (2011-20972).

Act No. 2011-661 (HB663)
Tuscaloosa Co., pretrial diversion program, district attorney authorized to establish, fees, costs, restitution, Act 2009-735, 2009 Reg. Sess. am’d.

Act No. 2011-269 (SB100)
Tuscaloosa Co., occupational tax, levy prohibited, const. amend.

Walker County

Act No. 2011-251 (HB430)
Jasper, alcoholic beverages, sale of draft or keg beer authorized if approved by city council.

Washington County

Act No. 2011-299 (HB562)
Washington Co., solicitor’s fee authorized equal to fee for Fair Trial Tax Fund, distrib. to circuit clerk and district attorney.

Act No. 2011-605 (HB630)
Washington Co., county commission, compensation, operation and supervision of county
roads and bridges, employment of county engineer, Act 84-535, 1984 Reg. Sess.; Act 91-282, 1991 Reg. Sess. repealed

Winston County

Act No. 2011-576 (HB492)
Twenty-fifth Judicial Circuit, (Marion and Winston Counties), public defender office, funding, Act 720, 1978 Reg. Sess. repealed


 

 

 


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