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This Week in the Alabama Legislature…Feb. 12, 2010
Download a printer friendly version of the Feb. 12 Weekly Report.
One-third of this year’s Regular Legislative Session was completed when the House and Senate adjourned last Thursday afternoon, and everyone in Montgomery braced for the gambling face-off and a threatened snow storm. The week was rather uneventful for the Association, but a number of issues are expected to be on the front burner this week.
When the Senate returns to Montgomery on Tuesday, Feb. 16, the proposed constitutional amendment to regulate bingo gaming in Alabama is expected to the considered on the Senate floor. Both sides are scrambling for the last two or three votes needed to reach the constitutional-threshold of 21 affirmative votes in the Senate.
The House will again focus on a short list of bills while the members wait on the development of both the education and general fund budget. ACCA staff will be working this week to seek consideration of another Association-sponsored bill on House floor.
The controversy surrounding legislation relating to gaming in Alabama continues to loom as a road block to the passage of other legislation. For this reason, it is important that county officials continue to contact their legislators in SUPPORT of ACCA legislation. Below is an overview of the issues important to county government.
This week’s committee action…
Vote Set on Pay-As-You-Go Bill (HB501)
The House Committee on County and Municipal Government has set a Wednesday vote on the ACCA bill to allow 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. It is important that county officials and employees contact the members of the committee to urge their SUPPORT of HB501 by Rep. Craig Ford. Please advise the ACCA staff if any members express opposition to the legislation.
County and Municipal Government Committee: Chair Bill Dukes; Reps. Wood, McMillan, Curtis, Drake, England, Laird, McClendon, McDaniel, McLaughlin, Oden, Scott, Taylor, Warren and Williams
Feeding of Prisoners Surfaces Again
Legislation has again been introduced to address questions surrounding the feeding of prisoners in county jails. HB407 by Rep. Allen Treadaway will be considered in House County and Municipal Government Committee this week. As introduced, the bill represents the compromise forged last year between ACCA and sheriffs.
Although ACCA is not “supporting” the legislation, committee members should be encouraged to OPPOSE any amendments that would require county commissions to provide funding for the feeding of prisoners. Should any such amendments be added, the Association will oppose the passage of HB407. This week the Association also began discussions with sheriffs concerning other alternatives to address this issue, which will likely require the introduction of separate legislation.
Vote Nears on Trust Fund Legislation
The House version of the bill allowing the use of $1 billion from the Alabama Trust Fund to finance road and bridge construction projects, including $225 million for county roads, is expected on committee agenda this week. HB237 by Rep. Billy Beasley is awaiting action in the House Government Appropriations Committee. County officials are encouraged to push for SUPPORT of this bill ONLY IF counties are “held harmless” for the interest income that would be lost by the withdrawal of the revenue from the Trust Fund, and county revenue is not reduce below $225 million.
House Government Appropriations Committee: Chair John Knight; Reps. Page, Gaston, Allen, Baker, Beasley, Canfield, Grantland, Hall, Letson, Love, C. Newton, Salaam, Sherer and E. Thomas.
ACCA LEGISLATION
Ad Valorem Exemptions
ACCA staff is hopeful the House will this week consider the bill correcting the application of exemptions from ad valorem taxes for those who are disabled and/or over age 65. The passage of this legislation will restore the ad valorem revenue that has been lost because of the misapplication of the exemptions since 2007. County officials should contact their House members to encourage their SUPPORT of HB162 by Rep. Richard Lindsey.
Local Constitutional Amendments
A Senate committee gave approval last week to the ACCA bill that would increase the number of negative votes needed in the legislature in order to force a statewide vote on local constitutional amendments. The passage of this proposal, SB88 by Sen. Linda Coleman, would help reduce the occasions when local amendments must face a statewide referendum. This bill could reach the Senate floor following the consideration of the gaming legislation.
9-1-1 Legislation
Work continues on the legislation restricting the release of copies of the recordings of 9-1-1 tapes, HB159 by Rep. Ron Johnson and SB186 by Sen. Hinton Mitchem. County officials and 9-1-1 directors are encouraged to contact the members of the committee below to ask that they SUPPORT this legislation. A committee vote is expected as early as Feb. 24.
Senate Judiciary Committee: Chair Myron Penn; Sens. Bedford, Benefield, Brooks, Figures, Keahey, Ted Little, Marsh, Pittman, Sanders, Singleton, Smitherman, Zeb Little and Orr.
Autopsy Legislation
The Association continues to work on finalizing wording in the legislation addressing the expense of transporting bodies for the conduct of autopsy. Legislators should be encouraged to SUPPORT both the House version, HB312 by Rep. Leslie Vance, and Senate bill, SB232 by Sen. Bobby Denton. The Senate version is ready for floor action.
Board of Adjustments
County administrators and commissioners are encouraged to contact their Senators to seek their SUPPORT 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 action. This bill, HB146 by Rep. Richard Laird, has passed the House and is now awaiting committee action in the Senate.
Overview of HB507/SB380 and the Association’s Policy Statement on Public Gaming
Establishes State Gaming Commission
• Composed of five members
• Appointed by Governor, Attorney General, Lt. Governor, Speaker of House, Chief Justice Supreme Court
• Confirmed by Senate
• Commission oversees operation of gaming sites, regulates operation, issues new franchises
Authorizes 10 gaming sites (known as “Points of Destination”)
• Mobile race track
• Houston County (Country Crossing)
• White Hall (Two sites)
• Macon County track
• Birmingham race track
• Greene County race track
New sites:
• One in Congressional District 4
• One in Congressional District 5
• One additional site in Congressional District 6
Establishes definitions of
• Acceptable bingo operations
• Acceptable equipment
• Requirements for the 10 “Points of Destination”
Levies tax on all bingo operations
• Tax levied on the proceeds after payouts to participants in the gaming activities
• 20 percent tax to the state, divided among education and general fund
• 5 percent tax to the county commissions in those counties without amendments authorizing bingo, divided solely on population basis
Counties where bingo activities are authorized, authorized to levy a local bingo equipment license fee:
• Fee capped at the following rates:
• $1.5 million per year
• Fee in Greene County limited to $750,000
• No fee in Lowndes or Houston Counties (counties already have agreements)
• Locals cannot expend the equipment license fee until authorized by local law
Exempts the operations from all other “state and local taxes or license fees”
• Operations are required to pay and collect sales and use taxes
• Limits local lodgings taxes to a rate not to exceed the average lodging tax rates in the applicable Congressional District
Proposed Constitutional Amendment
• Requires 21 votes in Senate and 63 votes in House
• Does not go to Governor for signature
• Would be on the ballot in November 2010
CURRENT ACCA POLICY STATEMENT ON PUBLIC GAMING
Any legislation calling for the legalization of a statewide lottery or casino gambling in Alabama should provide that an equitable portion of the resulting tax revenue be distributed to counties.
Additionally, any legislation leveling a statewide tax on currently-legalized gambling should include language to allocate a portion of the resulting revenue to the county governing body where the facility is located.
The Association opposes any provision of such legislation which would repeal the existing constitutional amendments related to public gaming without separate votes in the impacted counties.
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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