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This Week in the Alabama Legislature…Feb. 5, 2010
Download a printer friendly version of the Feb. 5 Weekly Report.
The passage of two ACCA bills by the Alabama House of Representatives and a major set-back for the plan to utilize $1 billion from the Alabama Trust Fund for road and bridge projects highlighted this week’s activities at the Alabama State House. County officials are encouraged to continue to contact their legislators in support of ACCA positions as the legislative session nears the one-third mark.
On Tuesday the House passed the ACCA-supported legislation, HB159 by Rep. Ron Johnson, that establishes a constitutional test for the release of the audio recordings of 9-1-1 calls. Special appreciation is expressed to Rep. Johnson for his sponsorship of this legislation and his leadership on the House floor.
Thursday’s floor action in the House included the passage of another ACCA bill, HB146 by Rep. Richard Laird. The bill prohibits state agencies from denying the reimbursement of county expenses based on the failure to comply with a filing deadline that was not established through the administrative procedures act. This bill is very important to counties, especially when applying for reimbursement for election expenses.
With financial challenges and the growing unrest over the controversy related to electronic bingo in Alabama, the opportunities to move ACCA-sponsored legislation may be dwindling. Four ACCA-sponsored bills have now passed the House, but must still be approved in the Senate and signed by Gov. Bob Riley. It is important that counties continue to push forward to request priority treatment of ACCA legislation before the movement of legislation comes to a halt.
Both the House and Senate will return to work on Tuesday for an expected three-day work week that would include a rare Wednesday work session.
AD VALOREM EXEMPTIONS
Legislation correcting the application of exemptions from ad valorem taxes for those who are disabled and/or over age 65 is now awaiting action on the House floor. Sponsored by Rep. Richard Lindsey, HB162 would apply the exemption based on the person’s percentage of ownership of the property. This change would restore lost revenue counties have experienced since the issuance of an Attorney General’s opinion in 2007.
The bill is expected to reach the HOUSE floor as early as Wednesday. County officials are encouraged to contact their House members to ask that they SUPPORT the passage of HB162.
PAY-AS-YOU-GO ROAD PROGRAM
The legislation allowing for county-by-county referendum on the levy of a local gasoline and/or diesel fuel tax for the purpose of repairing county roads and bridges has now been introduced in both chambers. The House version, HB501 by Rep. Craig Ford, was introduced Thursday and assigned to the House County and Municipal Government Committee.
The Senate version, SB229 by Sen. Del Marsh, is still awaiting action in the Senate Finance and Taxation General Fund Committee. It is important that all committee members be contacted by county officials and asked to vote to give the legislation a “FAVORABLE REPORT.”
Senate Finance and Taxation General Fund Committee: Chair Roger Bedford; Sens. Butler, Singleton, Barron, Benefield, Dunn, French, Glover, Keahey, Mitchem, Orr, Penn, Pittman, Preuitt, Sanders and Beason.
County and Municipal Government Committee: Chair Bill Dukes; Reps. Wood, McMillian, Curtis, Drake, England, Laird, McClendon, McDaniel, McLaughlin, Oden, Scott, Taylor, Warren and Williams.
RECORDINGS OF 9-1-1 CALLS
Both the House and Senate versions of the bill restricting the release of copies of the recordings of 9-1-1 tapes, HB159 by Rep. Ron Johnson and SB186 by Sen. Hinton Mitchem, are pending before the Senate Judiciary Committee. Because the Alabama Broadcast Association and other groups are opposing this legislation, it is important that county officials and 9-1-1 directors contact the committee members as soon as possible to urge their SUPPORT of this legislation. The passage of this legislation will depend on “personal” contacts made by county officials and 9-1-1 personnel.
Senate Judiciary Committee: Chair Myron Penn; Sens. Bedford, Benefield, Brooks, Figures, Keahey, Ted Little, Marsh, Pittman, Sanders, Singleton, Smitherman, Zeb Little and Orr.
OTHER ACCA BILLS
This week the ACCA staff reached agreements with the coroners association on legislation addressing the expense of transporting bodies for the conduct of autopsy. Legislators should be encouraged to SUPPORT the House version, HB312 by Rep. Leslie Vance, and Senate bill, SB232 by Sen. Bobby Denton. The Senate version is ready for floor action as early as Tuesday.
SB174 by Sen. Kim Benefield – The Senate version of the bill that would require the Board of Adjustment to pay county claims unless the agency denying the claim has procedures on timely filings is ready for floor in the Senate action. As mentioned above, the House version passed and should be assigned to a Senate Committee this week.
County officials are encouraged to contact their Senators to seek PRIORITY TREATMENT for SB232 by Sen. Denton and SB174 by Sen. Benefield.
ALABAMA TRUST FUND LEGISLATION
Legislation proposing the utilization of $1 billion from the Alabama Trust Fund to finance road and bridge construction projects, including $225 million for county roads, hit a road block this week when it failed to receive enough support on a procedural vote. The legislation, SB121 by Sen. Lowell Barron, was carried over and is not expected back on the Senate floor for several weeks.
Attention now turns to the House version, HB237 by Rep. Billy Beasley, which is awaiting action in the House Government Appropriations Committee. ACCA staff is working closely with those supporting this legislation to ensure the proposal will not reduce counties’ interest income from the Alabama Trust Fund and that at least 22.5 percent of the new revenue is expended on county roads and bridges. County officials are encouraged to ask their House members to SUPPORT the bill ONLY IF county revenue is “held harmless.”
DANGER BILLS
Legislation requiring Sheriff’s Departments to formalize hearing procedures for items as trivial as violating sick leave policy or taking excessively long lunch breaks is expected back on the agenda of House Government Operations Committee this week. ACCA is encouraging committee members to OPPOSE HB86 by Rep. Collier unless compromise language can be prepared in advance of the committee meeting. Special thanks is expressed to Lee County Sheriff Jay Jones and Administrator Roger Rendleman for traveling to Montgomery for the initial hearing on this dangerous legislation.
It is very important county officials and administrators contact members of the committee to ask that they OPPOSE this legislation that will be harmful to county government and the sheriff’s office.
Committee members are: Chair Oliver Robinson; Reps. Letson, Payne, Beech, Boyd, Coleman, Fields, Gaston, Hill, Howard, Hubbard, McCutcheon, Pat Moore, Morrow and Shiver.
More than two dozen bills have been introduced to exempt groups and organizations from the payment of sales and other taxes. In addition, several other bills providing for free or reduced-price automobile tags are also pending. ACCA has expressed opposition to all these bills, but it is important that county officials outline their opposition to such measures – especially considering the financial condition of both state and local governments.
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, the ACCA staff will update the Association's Web site with the latest information on the activities in Montgomery. Questions? Please call the ACCA staff at (334) 263-7594.
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