This Week in the Alabama Legislature…Feb. 29, 2008

Download a printer friendly version of the Feb. 29 Weekly Report.

As the Legislature neared the one-third mark in this year’s regular session, the House of Representatives passed a second ACCA bill this week and is poised to consider another when both chambers return to work next week. The House and Senate adjourned Thursday and will return to work on Tuesday, which will be the 10th work day of this year’s session.

Delaying tactics continue to dominate in the Senate, making it more difficult to move ACCA legislation to the floor. However, several bills have gained committee approval and are ready for floor consideration when the opportunity presents itself. On Tuesday, the Senate rules will require the floor activity to turn to the so-called “Sunset” legislation dealing with state agencies.

The Association staff has prepared overviews of many of the bills in the ACCA legislative package. Copies of the summaries, which will assist county officials in making contacts with their legislators, can be found on the ACCA Bills link.

County Modernization — The House of Representatives passed the 2008 version of the County Modernization Act during its work day on Tuesday. The bill, HB 110 by Rep. Richard Lindsey, makes changes to the process for establishing performance bonds for county officials and technical improvements in statutes that have not been updated for decades.

Because of scheduling conflicts, the bill was handled on the floor of the House by Rep. Marcel Black. Appreciation is expressed to Rep. Black who did a masterful job of explaining the legislation and responding to questions on the floor. The bill passed on a 79-5 vote and now goes to the Senate, where it will be sponsored by Sen. Hank Sanders.

Amendments to Sex Offender Notification Act — Tuesday, March 4, the House is expected to consider the bill (HB 332 by Rep. Blaine Galliher) that amends the Sex Offender Notification Act. The changes in the bill are aimed at reducing the number of “released” sex offenders who are immediately re-arrested and placed in county jails.

County officials are encouraged to contact their House members before Tuesday to ask that they support this legislation on the House floor. It is important that all House members hear from their local officials on this important legislation.

Administrative Fee for Educational Taxes — The Senate version of the bill designed to correct a problem with the so-called 10-mil constitutional amendment for education (SB 378 by Sen. Lowell Barron) gained committee approval this week and is ready for floor action.

The House version (HB 349 by Rep. Charles Newton) is expected on the agenda of the House Education Appropriations Committee on Wednesday. Without this legislation, many counties stand to pay a larger share of the costs of collecting the ad valorem taxes. County officials should contact the members of the House Education Appropriations Committee before Wednesday to ask that they vote to give the bill a favorable report: Chairman Rep. Richard Lindsey; Reps. Rogers, Gipson, Bentley, Boothe, Buskey, Graham, Greeson, Kennedy, McClurkin, McLaughlin, Oden, Schmitz, Spicer and J. Thomas.

Road and Bridge Funding — The Association staff spent much of its time this week seeking commitments from the members of the House Government Appropriations Committee. Many members indicated that they had NOT been contacted by their county officials and employees. If this package is to move forward, it is important that the members of the House Government Appropriations Committee be contacted “back home.”

The Association is asking each committee members to vote “yes” on the bills. The legislative package includes HB 518 by Rep. Johnny Mac Morrow, which alters the collection method for gasoline and motor fuel taxes; HB 470 and HB 471 by Rep. Mac Gipson, which increase the statewide gas tax and allow county commissions to levy a local gasoline and diesel fuel tax; and HB 466 by Rep. Mike Hill, which clears the way for a second County Bridge Bond Issue.

A target date for committee action is March 12. It is important that county officials and engineers use this time to contact each member to secure a commitment to vote to give the bills a “favorable report.” House Government Appropriations Committee: Chairman Rep. John Knight; Reps. Page, Gaston, Allen, Baker, Beasley, Canfield, Grantland, L. Hall, Letson, C. Newton, Salaam and E. Thomas.

9-1-1 Communication — The House version of the bill that would allow local 9-1-1 districts to contract with the Alabama Criminal Justice Information Center for network communication access, HB 253 by Rep. Mike Curtis, was delayed by the House Government Appropriations Committee because of opposition from AT&T. It is important that county officials and 9-1-1 directors contact the committee members (listed above) to ask that they support the bill in committee. A committee vote is expected soon.

Bid Law Amendments — The House version of the bill that expands the local bid preference to 5 percent (HB 100 by Rep. Pebblin Warren) remains poised for consideration on the Senate floor. Please contact Senate members to ask that they support this legislation when it reaches the floor. The sponsor in the upper chamber is the Dean of the Senate, Bobby Denton.

Trust Funds — The measure that would allow counties to establish trust funds to finance the cost of providing benefits to retirees (SB 380 by Sen. Myron Penn) was approved by the Senate Governmental Affairs Committee this week. The bill is also ready for action on the Senate floor at the first opportunity. The House version, HB 481 by Rep. Bill Dukes, is awaiting action in the House Government Appropriations Committee.

A bill proposing to increase the threshold for the competitive bid requirement to $15,000 for all local governments will be the subject of a public hearing in the House Government Operations Committee on Wednesday. This bill (HB 442 by Rep. Jeremy Oden) would also allow for consideration of “life cycle” in the determination of the lowest responsible bidder. The Association has great concerns that these changes would significantly weaken Alabama’s bid law, resulting in higher costs for county purchases and new auditing issues. Counties should contact the following members of this committee about concerns with this legislation. Chairman Rep. Oliver Robinson; Reps. Fite, Payne, Boyd, Coleman, Gaston, Hill, Howard, Hubbard, Letson, P. Moore, Morrow, Shiver, Taylor.

Internet Voting — A public hearing on three different bills aimed at providing an easier alternative for American citizens and military personnel to vote while overseas was held in the Constitution and Elections Committee this week. At the conclusion of the hearing, Chairman Jimmy Martin requested that counties, probate judges, and the Secretary of State’s office work together on compromise legislation to address concerns of military voting. It is hoped that a meeting of all interested parties will be held next week. Stay tuned for updates.

County Presence in Montgomery — The next County Commission Days are scheduled for Tuesday, March 11, for Colbert, Fayette, Franklin, Lamar, Lauderdale, Limestone, Madison, Marion, Walker and Winston Counties and Thursday, March 13, for Blount, Cherokee, Cullman, DeKalb, Etowah, Jackson, Lawrence, Marshall, Morgan and St. Clair Counties. The County Commission days scheduled for March 18 and 20 will likely be rescheduled because of the Legislature’s spring recess. Details on that will be provided in a few days.

Registration materials for County Day at the Legislature, April 16 and 17, have been sent to all counties. It is important that all counties be represented at this event.

The real-time status of all ACCA, Danger and local bills can be found by going to acca-online.org 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.


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