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This Week in the Alabama Legislature…Jan. 22, 2010
Download a printer friendly version of the Jan. 22 Weekly Report.
The second week of the 2010 Legislative Session is complete. ACCA staff is continuing to read the 413 House bills and 302 Senate bills that have been introduced so far. Continue to monitor www.acca-online.org for any action on legislation that impacts county government.
ACCA staff, with your assistance, was able to move some of our priority legislation closer to passage. We will review this in more detail later in this report. Please continue to contact your local delegation and encourage them to support our legislative program.
IN THE SENATE
Road and Bridge Funding from the Alabama Trust Fund – The second week of the Senate was consumed by debate on SB121 by Sen. Barron. This bill proposes a constitutional amendment to provide for road and bridge projects for 10 years with principal from the Alabama Trust Fund. The Senate will continue discussing an amendment to this bill offered by Sen. Bedford when they return next week. The Bedford amendment will have a negative impact on county revenue down the road. Please contact your local delegation and encourage them to OPPOSE the Bedford amendment to SB121.
Three ACCA bills have received a favorable report from Senate committees and are now in position to be considered by the full Senate. Please encourage your Senators to SUPPORT the following legislation that could possibly be before the full Senate next week.
Board of Adjustment Appeals – SB174 by Sen. Benefield would require the Board of Adjustment to pay county claims unless the agency denying the claim has procedures on timely filings. This legislation is important for counties to get reimbursed for certain expenses, such as jail or election expenses.
Litter Enforcement – SB195 by Sen. Ted Little, which amends Alabama law to authorize the county license inspector or solid waste officer to enforce Alabama’s litter laws and to issue citations against violators of those laws, passed the Senate Judiciary Committee this week. We appreciate the work of Sen. Little in moving this bill forward.
Autopsy Transportation Costs – SB232 by Sen. Denton amends Alabama law related to the autopsy transportation costs to provide that the person, agency, or governmental entity requesting the autopsy shall be responsible for the cost of transporting the body to the forensic lab that will perform the autopsy. Sen. Denton was very helpful in steering this bill through the Government Affairs Committee this week. ACCA staff will discuss this legislation with other stakeholders and work to move this important piece of legislation forward.
THE FOLLOWING ARE IN SENATE COMMITTEES
Government Tags and Registration – SB261 by Sen. Smith: This bill provides that governmental entities will not pay more for vehicle tag and registration fees than the fees charged for standard passenger vehicles. This legislation will actually decrease the cost paid by state and local governments. This bill is pending action in the Senate Finance and Taxation Education Committee.
Exemptions on Real Property – SB132 by Sen. Sanders: This bill would amend Alabama law to make clear that, when a person eligible for an age or disability exemption owns property jointly with persons not eligible for the exemption, the exemption shall only apply to his or her proportionate share of the homestead. This bill is pending action in the Senate Finance and Taxation Education Committee.
Pay-As-You-Go Road Funding – SB229 by Sen. Marsh: This bill would authorize counties to hold local referendum on the question of levying a gasoline and diesel fuel taxes for specified local road and bridge projects. The legislation includes several provisions designed to ensure the revenue will only be utilized for the projects identified before the referendum. The bill’s sponsor, Sen. Marsh, spent much of this week on the Senate floor advocating the passage of this bill as an alternative to the SB121 mentioned above.
For this reason, it is urgent that you contact the following committee members and encourage them to ask Sen. Bedford to put this bill on the Finance and Taxation General Fund Committee Agenda: Chair Roger Bedford, Sens. Butler, Singleton, Barron, Benefield, Dunn, French, Glover, Keahey, Mitchem, Orr, Penn, Pittman, Preuitt, Sanders, Beason.
Local Constitutional Amendment Votes – SB88 by Sen. Coleman: Current law requires a statewide vote on a proposed local constitutional amendment if there is one dissenting vote in either chamber of the Legislature. This is a proposed constitutional amendment to increase the number of negative votes from the membership of the House of Representatives or Senate necessary to require a statewide vote on a local amendment. This bill is pending action in the Senate Constitution, Campaign Finance and Ethics Committee.
Release of 9-1-1 Audio Tapes – SB186 by Sen. Mitchem would require a court order for release of 9-1-1 audio tapes except for law enforcement investigations, although 9-1-1 records on the call would be available for public inspection. This bill is pending action in the Senate Judiciary Committee
IN THE HOUSE
The House worked from the regular order calendar this week but will possibly start adopting special order calendars for next week. ACCA staff successfully amended bills to make them more favorable to county government as the house churned out several bills this week.
With your help and the hard work by Rep. Wood, HB62, which saves governmental entities money on vehicle tag and registration fees, passed the House by a vote of 101-0.
TWO ACCA BILLS OUT OF HOUSE COMMITTEES THIS WEEK
Litter Enforcement – HB211 by Rep. Ward amends Alabama law to authorize the county license inspector or solid waste officer to enforce Alabama’s litter laws and to issue citation against violators of those laws passed the Senate Judiciary Committee this week. We appreciate the work of Rep. Ward in moving this bill forward. This bill will be before the full House on Tuesday, so please call your Representatives and encourage them to support HB211 by Rep. Ward.
Release of 9-1-1 Audio Tapes – HB159 by Rep. Johnson would require a court order for release of 9-1-1 audio tapes except for law enforcement investigations, although 9-1-1 records on the call would be available for public inspection. Rep. Johnson skillfully answered many questions the committee had on this legislation. We are beginning to learn of some opposition to this bill and will work in the coming days to resolve any issues of concern so that this important bill can move forward.
THE FOLLOWING ARE IN HOUSE COMMITTEES
Board of Adjustment Appeals – HB146 by Rep. Laird would require the Board of Adjustment to pay county claims unless the agency denying the claim has procedures on timely filings. This legislation is important for counties to get reimbursed for certain expenses, such as jail or election expenses. This bill will be on the House Government Appropriations Committee Agenda on Wednesday at 1:30 p.m.
Please contact the following committee members and encourage them to SUPPORT HB146 by Rep. Laird: Chair John Knight and Reps. Page, Gaston, Allen, Baker, Beasley, Canfield, Grantland, Hall, Letson, Love, Newton, Salaam, Sherer and Thomas.
Exemptions on Real Property – HB162 by Rep. Lindsey would amend Alabama law to make clear that, when a person eligible for an age or disability exemption owns property jointly with persons not eligible for the exemption, the exemption shall only apply to his or her proportionate share of the homestead. This bill will be on the House Government Appropriations Committee Agenda on Wednesday at 1:30 p.m.
Please contact the following committee members and encourage them to support HB162 by Rep. Lindsey: Chair John Knight and Reps. Page, Gaston, Allen, Baker, Beasley, Canfield, Grantland, Hall, Letson, Love, Newton, Salaam, Sherer and Thomas.
Autopsy Transportation Costs – HB312 by Rep. Vance amends Alabama law related to the autopsy transportation costs to provide that the person, agency, or governmental entity requesting the autopsy shall be responsible for the cost of transporting the body to the forensic lab that will perform the autopsy. This bill is pending action in the House Government Appropriations Committee.
Shared Cost of Collecting Ad Valorem Taxes – HB383 by Rep. Jack Williams. Another ACCA priority bill was introduced this week. This bill would amend Alabama law on ad valorem tax collection to apportion the costs of collection between all non-education and non-state entities to a portion of the proceeds of the tax. This bill is pending action in the House Education Appropriations Committee.
DANGER BILLS
There are a few bills before House Committees that will be to the detriment of county government.
HB86 by Rep. Collier will be on the House Government Operations Committee Agenda on Wednesday at 9 a.m. This bill requires written procedures for internal investigations in the sheriff departments. This bill could lead to more costs and liability exposure for counties.
It is urgent you contact the following committee members and encourage them to OPPOSE HB86: Chair Oliver Robinson, Reps. Letson, Payne, Beech, Boyd, Coleman, Fields, Gaston, Hill, Howard, Hubbard, McCutcheon, Moore, Morrow and Shiver.
The real-time status of all ACCA, Danger and local bills can be found by following the steps under “Legislative News.” Please make copies of this report for all county officials and employees. And remember, ACCA staff will update the Association’s Web site — acca-online.org — with the latest information on the activities in Montgomery.
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