This Week in the Alabama Legislature…March 28, 2008

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An up-and-down week in the Alabama Legislature ended on a very positive note for counties Thursday with the House passing two ACCA-supported bills. Progress was also made toward resolving a session-long deadlock in the Senate. The session has now reached the half-way point, with 15 work days remaining before the constitutionally-mandated close of the session at midnight on May 19.

On the negative side, the very dangerous legislation that would allow sheriffs to sidestep the county budget (SB 242) was approved by a Senate committee, moving it one step closer to floor consideration. It is important that county officials remain consistent in their OPPOSITION to this legislation.

Both chambers will have a “normal” work schedule next week with floor sessions set for Tuesday and Thursday. Wednesday will be reserved for committee activities. The House work agenda for Tuesday includes a list of bills that do not directly impact counties. The Senate is expected to begin work on legislation related to authorizing “bingo-style” gambling throughout the state.

TWO ACCA BILLS PASS ON 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) was approved with little discussion on the House floor Thursday. This proposed constitutional amendment will ensure that counties will not be required to pay a larger share of the costs of collecting the ad valorem taxes. If approved in the Senate, the proposal would be on the November general election ballot.

Amendments to Sex Offender Notification Act — After three appearances on the House Special Order Calendar, HB 332 by Rep. Blaine Galliher, was overwhelmingly approved on Thursday. In fact, more than 40 members of the House signed up as “co-sponsors” after the passage of the legislation. The bill 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.

Because the Senate had adjourned before the passage of these two bills, they are not expected on committee agendas in the Senate until the week of April 8. Information on committee assignments will be provided to county officials.

Sheriffs’ Legislation Squeezes out of Committee — On Tuesday, a Senate Committee gave approval to the dangerous legislation (SB 242 by Sen. Steve French) designed to allow the sheriffs to sidestep the county budget. The affirmative vote came only after the bill’s sponsor pledged to resolve county opposition to the legislation before moving it to the floor for consideration.

A special “thank you” is expressed to the many county commissioners and employees who made the trip to Montgomery on Tuesday. It was “standing-room only” in the committee room with county officials and sheriffs on hand for the testimony. Sens. Vivian Figures, Kim Benefield and Jim Preuitt voted against the legislation.

Attention now turns to the Senate Rules Committee, which must approve the bill if it is to reach the Senate floor. County officials should contact the members immediately to express OPPOSITION to the bill. It is important that all Senators, even those not on the Rules Committee, be asked to block the consideration of the bill on the Senate floor.

Senate Rules Committee: Chairman Sen. Lowell Barron, members: Sens. Pat Lindsey, Ted Little, Roger Bedford, Tom Butler, Bobby Denton, Vivian Figures, Steve French, Parker Griffith, Hinton Mitchem, Quinton Ross, Harri Anne Smith, Rodger Smitherman, Wendell Mitchell, Zeb Little and Charles Bishop.

OTHER ACCA BILLS …
County Modernization — The House-passed version of the 2008 County Modernization Act, HB 110 by Rep. Richard Lindsey, is on the Tuesday agenda for the Senate Governmental Affairs Committee. The bill makes changes to the process for establishing performance bonds for county officials and technical improvements in statutes that have not been updated for decades. County officials are encouraged to contact the members of the committee to ask that they SUPPORT this legislation: 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.

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) gained committee approval this week and could reach the House floor as early as Thursday. The Senate version, SB 380 by Sen. Myron Penn, is expected on the Senate floor following the Senate’s consideration of legislation related to gambling.

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.

Road and Bridge Funding — The House Government Appropriations Committee is expected to spend this week on the General Fund Budget, meaning 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) will be delayed until April 9. 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, Locy Baker, Billy Beasley, Greg Canfield, Ronald Grantland, Laura Hall, Jody Letson, Charles Newton, Yusuf Salaam and Elwyn Thomas.

The Senate version of the County Bond Issue legislation, SB 357 by Sen. Larry Means, is expected to gain committee approval this week.

Solid Waste Tipping Fee — Thursday’s calendar in the House included legislation proposing a $1 per ton tipping fee on all waste disposed of in Alabama landfills. The bill, HB 395 by Rep. Frank McDaniel, included many changes requested by ACCA staff. The proceeds of the fee will be used by the Alabama Department of Environmental Management to provide inspection activities and to enhance recycling programs throughout the state. The bill was passed by the House and goes to the Senate, but not before an ACCA amendment was added to ensure a consistent statewide method of passing the fee on to the citizens in the form of increased collection fees.

Rewrite of Bid Law — This week the Senate Fiscal Responsibility Committee approved the ACCA’s amendments to the school board-backed legislation 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. ACCA’s amendments establish review by the Examiners of Public Accounts.

Illegal Aliens — Several bills establishing programs for the identification of illegal aliens are expected on the House floor this week. ACCA has expressed concern with several of the bills because of the additional costs to county AND the possible liability that would fall on the county commission AND its employees if illegal aliens were improperly identified.

County Presence in Montgomery Registration materials for County Day at the Legislature, April 16-17, have been sent to all counties. It is important that all counties be represented! The final County Commission Day of the session is scheduled for Tuesday, April 1. County officials from Barbour, Coffee, Covington, Crenshaw, Dale, Geneva, Henry, Houston and Pike are encouraged to participate by gathering at the ACCA office on Tuesday at 11 a.m.

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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