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This Week in the Alabama Legislature...March 14, 2008
Download a printer friendly version of the March 14 Weekly Report.
With a week’s recess for Spring Break dead ahead, activity slowed to a snail’s pace on Thursday with both House and Senate adjourning by 1:30 p.m. Computer problems on the House floor and myriad of disagreements in the Senate produced filibusters in both chambers this week. The Legislature has now recessed until Tuesday, March 25.
The Association staff will use the weekly-long legislative break to work on revisions to many bills impacting counties, negotiate with some organizations on matters that have not yet been resolved, and provide county officials the information needed to have a successful 2008 session. There are 17 work days remaining before the session concludes. County officials are asked to watch their traditional and e-mail boxes and the ACCA web site for the latest information and to use this week to make personal contacts with both House and Senate members.
Legislation to Override County Budget — On Tuesday, the Senate Governmental Affairs Committee took testimony from the Jefferson County Sheriff regarding a bill that would authorize all sheriffs to ignore the county commission-adopted budget and spend county funds as they see fit. SB 242 by Sen. Steve French weakens the provision in Alabama law that ensures expenditures above and beyond the budgeted amounts do not constitute an “obligation” of the county, which would render the county budget almost meaningless.
A vote on the bill was delayed until Tuesday, March 25. It is very important that county officials make contacts with the members of the committee to confirm their opposition to this legislation. Sheriffs all over the state are expected to use the recess period as an opportunity to change the position of some Senators.
Senate Governmental Affairs Committee: Chairman Sen. Wendell Mitchell; Sens. Zeb Little, Jabo Waggoner, Scott Beason, Kim Benefield, Linda Coleman, Bobby Denton, Larry Dixon, Vivian Figures, Pat Lindsey, Larry Means, Myron Penn, Jim Preuitt, Quinton Ross and Harri Anne Smith.
Two ACCA Bills Next Up on the House Floor…
Administrative Fee for Educational Taxes — The House version of the bill designed to correct a problem with the so-called 10-mil constitutional amendment for education (HB 349 by Rep. Charles Newton) has been approved for the House Special Order calendar following the recess. Without this legislation, many counties stand to pay a larger share of the costs of collecting the ad valorem taxes. County officials are encouraged to contact their House members to ask that they vote in favor of this proposed constitutional amendment.
Amendments to Sex Offender Notification Act — This legislation did not reach the floor again this week in the House, but is also expected on a Special Order Calendar after the break. HB 332 by Rep. Blaine Galliher amends the Sex Offender Notification Act 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 to ask that they support this important legislation. A special “thank you” is extended to Bullock County Commission Chairman Ron Smith who has made THREE trips to Montgomery hoping to see this bill pass – only to sit and watch delaying tactics on the floor!
Other ACCA Bills…
County Modernization — The House of Representatives has passed the 2008 version of the County Modernization Act. 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. The bill, sponsored in the Senate by Hank Sanders, is pending action in the Senate Governmental Affairs Committee. The members of that committee are listed above.
Road and Bridge Funding — Movement of the legislation increasing the gasoline and motor fuel taxes (HB 470 and HB 471 by Rep. Mac Gipson, which levy a statewide gas tax and allow county commissions to levy a local gasoline and diesel fuel tax) continues to be stymied by a lack of commitments from the committee members who must approve the bills before they can reach the House floor. County officials and employees are strongly encouraged to contact the members of the House Government Appropriations Committee: Chairman, Rep. John Knight; members: Reps. Jack Page, Victor Gaston, Gerald Allen, Alan Baker, Billy Beasley, Greg Canfield, Ronald Grantland, Laura Hall, Jody Letson, Charles Newton, Yusuf Salaam and Elwyn Thomas.
There is strong committee support for the bill altering the collection method for gasoline and motor fuel taxes. This bill (HB 722 by Rep. Johnny Mac Morrow) was reintroduced this week with language that should remove the objections of the convenience store operators. The passage of the bill that clears the way for a second County Bridge Bond Issue, HB 466 by Rep. Mike Hill, hinges on the identification of a source of revenue to repay the bonds.
9-1-1 Communication — The Association is nearing an agreement on 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 and SB 220 by Sen. Ted Little. The staff is confident the remaining problems with this legislation can be resolved during the recess.
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 House version of the bill allowing counties to establish trust funds to finance the cost of providing benefits to retirees (HB 481 by Rep. Bill Dukes) is expected on the agenda for the House Government Appropriations Committee after the break. The Senate bill (SB 380 by Sen. Myron Penn) has already gained committee approval and is awaiting an opportunity on the Senate floor.
Funding for EMA Activities — Legislation to establish a fund to finance clean-up, preparation and recovery activities following natural disasters was introduced in the House this week. HB 726 by Rep. Mac Gipson levies a $3 per year fee on all property and casualty insurance policies to fund these important expenditures. The bill was assigned to the House Government Appropriations Committee, whose members are listed above.
Danger Bills…
More than 60 bills have been identified as “Danger Bills” by the ACCA staff because of their significantly-negative impact on county government. Certainly many additional bills could pose a threat to counties, but those tagged as “Danger Bills” would have an immediate impact at the local level. Almost all such legislation remains in committee, but below is an overview the seven “Danger Bills” that have gained committee approval thus far.
TVA in Lieu of Tax Payments — Three bills designed to repeal the TVA revenue now received by “dry” counties were narrowly approved by the House County and Municipal Government Committee (HB 572 by Rep. Ball, HB 573 by Rep. McLaughlin and HB 574 by Rep. McDaniel). The bills are not as of yet scheduled for a floor vote in the House.
Tag Exemptions — Three bills that would provide exemptions from the costs of automobile tags for various groups have been approved by committees in both the House and Senate. If passed, the bills would reduce county, municipal and state revenue for road and bridge construction. The bills are HB 438 by Rep. Wood, SB 86 by Sen. Holley and SB 119 by Sen. Butler.
Rewrite of Bid Law — The House overwhelmingly passed the school board-backed legislation (HB 442 by Rep. Jeremy Oden) that makes massive changes to the bid process for local governments. In addition to raising the bid threshold to $15,000, the bill would allow for the use of a non-defined, life-cycle approach in determining the low bidder and for the unregulated purchase of goods through “reverse auction” procedures. The Association will continue to express its concerns in the Senate.
Don’t Sleep During the Break!
Continue to Make Contacts. County officials should continue to make contacts on these – and other bills – during the 10-day recess. Updates will be posted on the web site and forwarded to county officials. Registration materials for County Day at the Legislature, April 16 and 17, have been sent to all counties. It is imperative 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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