News & Updates

June 22, 2011

New Laws

List of Bills (by category) Passed and Signed Into Law from the 2011 Legislative Session:

* = “Handshake With Alabama” bills


Education

* HB 57 - Education Trust Fund Rolling Reserve Act, appropriations in education budget act capped, Budget Stabilization Fund, Capital Fund, established, transfer of certain funds to Education Trust Fund Rainy Day Account, transfer of funds from Budget Stabilization Fund under certain conditions, Sec. 40-1-32.1 repealed.

HB 321 - Schools, courses of instruction, definitions of profit and nonprofit clarified, additional nonprofit schools authorized to apply for exemption from licensure, Secs. 16-46-1, 16-46-3 am’d. (2011-20416).

HB 455 - Education, local superintendent of education, time period for filling position extended, appointment of interim superintendent provided for, Secs. 16-9-11, 16-12-1 am’d.; Act 2010-210, 2010 Reg. Sess. am’d.

SB 43 - Public School Fund, local boards of education authorized to use certain monies for debt payments and insurance on public school facilities, Sec. 16-13-234 am’d.

SB 52 - Foundation Program, combining of fractional teacher units to make whole units authorized, units not combined to be used for salaries and benefits, Sec. 16-13-232 am’d.; Act 2010-556, 2010 Reg. Sess. am’d.

SB 78 - Public School and College Authority, bonds authorized by Act 99-348, 1999 Reg. Sess. and Act 2002-240, 2002 Reg. Sess., certain unused proceeds, premium income, and investment income of bonds, expenditure for additional public education purposes and administrative costs authorized.

SB 219 - Education, local boards of education authorized to issue interest-bearing warrants for educational purposes, State Superintendent of Education to approve, warrants to be sold at public or private sale, warrants and interest are tax exempt (2011-20215).

SB 310 - Education employees, procedures regarding employment actions of revised, Teacher Tenure Law and Fair Dismissal Act repealed, Students First Act, Sec. 16-24B-7, 16-24-1 to 16-24-22, inclusive, 36-26-100 to 36-26-116, inclusive, repealed (2011-20831).


Business / Economic Development

* HB 61 - Income tax, qualifying employers and qualifying employees authorized tax deductions for 100 percent of amounts paid for health insurance premiums, Sec. 40-18-15.3 am’d.

HB 230 - Income tax credit authorized for employers creating jobs, under certain conditions, Full Employment Act.

HB 434 - Taxation, Multistate Tax Compact, determination of state and local tax liability of multistate business taxpayers, business income, apportionment, sales, other than tangible personal property, apportionment based taxpayers market for sale, Sec. 40-27-1 am’d.

SB 76 - Industrial Development Authority, requirement that fair market value must be received for transfers of land owned by authority, removed, Sec. 41-10-27 am’d.

SB 77 - Economic development, financial commitments to build or expand in Alabama, written contracts required within certain time period, existing commitments without written contract void after certain period of time.

SB 192 - Alcoholic beverages, certain manufacturers authorized to conduct tastings or samplings, sale of beer including draft beer from other manufacturers authorized, purchase of beer brewed by other manufacturers in original, unopened containers from any licensed wholesaler for resale of the beer by the brewpub for consumption on its premises authorized, collection of certain taxes, location of brewpubs, Secs. 28-3A-6, 28-4A-2, 28-4A-3, 28-4A-4, 28-4A-6 am’d. (2011-20847).

SB 255 - Entertainment Industry Incentive Act of 2009, qualified production companies, tax rebates further provided for, tax exemptions limited to state portion of sales, use, and lodging tax, Secs. 41-7A-43, 41-7A-45 am’d.

SB 277 - Recreational vehicles, franchise agreements by dealers and manufacturers and distributors, designated area of sales responsibility required, procedures for termination, cancellations, non-renewal, or alteration of agreements specified, repurchase of inventory, warranty service agreements, Motor Vehicle Franchise Act not to apply to any recreational vehicle manufacturer and dealer agreement, Sec. 8-20-2 am’d.

SB 477 - Economic development, tariff tax credits of capital investment costs for qualifying projects, job creation a qualifying factor, Tariff Credit Act (2011-21034).

 

 

Budgets / Appropriations

HB 123 - Education budget, appropriations for the support, maintenance, and development of public education for Fiscal Year 2011-2012.

HB 383 - Nursing facilities, Medicaid reimbursement, supplement assessment extended, supplemental provider privilege assessment increased, inflation factor moved to zero, Medicaid Agency authorized to create reimbursement formula for ventilator care units, Secs. 40-26B-21, 40-26B-22, 40-26B-23, 40-26B-24, 40-26B-25, 40-26B-26 am’d.; Act 2010-520, 2010 Reg. Sess. am’d.

HB 392 - Hospital Funding Program, private hospital assessment and Medicaid funding program extended for fiscal years 2012 and 2013, assessment rate changed, Secs. 40-26B-71, 40-26B-73, 40-26B-75, 40-26B-76, 40-26B-77, 40-26B-79, 40-26B-80, 40-26B-81, 40-26B-82, 40-26B-84, 40-26B-88 am’d. (2011-20394).

HB 412 - Lyman Ward Military Academy, appropriation.

HB 413 - Tuskegee University, appropriation.

HB 415 - Children First Trust Fund, receipts allocated for State Board of Education transferred to General Fund during fiscal year ending 2011.

HB 416 - Talladega College, appropriation.

HB 432 - Public Service Commission, transfer of certain amount of funds from Dual Party Relay Fund to Education Trust Fund before certain designated dates, Sec. 37-1-80.2 am’d.

HB 433 - Child Nutrition Program, funds allocated for may be redirected for other current expenses for local boards of education for current fiscal year, State Superintendent of Education to approve.

SB 133 - General fund budget, appropriations for ordinary expenses of executive, legislative, and judicial departments.

SB 162 – Corrections Department, appropriations from State General Fund in General Appropriations Act for 2010-2011 reduced, supplemental appropriations to Corrections Department from DOC Miscellaneous and Federal Funds (Bonus), Estimated, and from State General Fund to Medicaid Agency, Senior Services Department, Human Resources Department, Mental Health Department, Health Department, Rehabilitation Services Department, Youth Services Department, Pardons and Paroles Board, Ethics Commission, State Auditor, Military Department, Departmental Emergency Fund for fiscal year ending September 30, 2011, Act 2010-553, 2010 Reg. Sess. am’d.

SB 240 - Coalition Against Domestic Violence, appropriation, operations plan and audited financial statement required, quarterly and end-of-year reports required.

SB 242 - Children First Trust Fund, appropriations from for fiscal year ending September 30, 2011, use of allocation pursuant to Section 41-15B-2.2 and this act, tobacco settlement revenues deposited in fund within 30 days of receipt, Finance Director to notify each agency of allocation, appropriations conditional on tobacco revenues, appropriation of additional tobacco settlement funds, audit, Children’s Affairs Department to report to Legislature and Children’s Policy Council.

SB 251 - Garrett Coliseum, appropriation to Agricultural Center Board for renovation, beginning fiscal year ending September 30, 2012, changed to year 2013, Sec. 2-6-12 am’d. (2011-20949).

SB 252 - Transportation Department, Public Road and Bridge Fund, funds transferred from to Public Safety Department, use for operation of Public Safety Department, time period extended to fiscal years ending September 30, 2012, 2013, and 2014, funds for purchase of motor vehicles for traffic law enforcement may be expended effective October 1, 2014, Sec. 32-2-84 am’d.

SB 290 - Senate, President Pro Tempore, unexpended funds for fiscal year ending September 30, 2011, may be spent without restrictions, has effect of amending Act 2010-553, 2010 Reg. Sess.

SB 364 - Indian Affairs Commission, appropriation from Indian Children’s Scholarship Fund for fiscal year ending September 30, 2012.

SB 450 - John L. Buskey Trust Fund Matching Act of 1993, providing for transfer of matching funds from Education Trust Fund and General Fund to the Penny Trust Fund for health care, repealed, Secs. 41-15A-10, 41-15A-11, 41-15A-12 repealed.

 

 


State Employee Retirement / Pension / Health Insurance Reform

HB 414 - Retirement, judges, education employees, including teachers, state employees, firefighter, law enforcement officer, correctional officer, retirement contributions increased, Pension Accumulation Fund, Secs. 12-18-5, 12-18-52, 12-18-82, 16-25-21, 36-27-24, 36-27-59 am’d.

SB 72 - Retirement, Deferred Retirement Option Plan, new participation prohibited, limits on interest paid on DROP accounts, Secs. 16-25-150, 36-27-170 am’d.

SB 309 - State Employees’ Health Insurance Plan, employees retiring after December 31, 2011, required to have at least 10 years creditable service for retiree coverage, premiums subject to sliding scale calculation, based on years of service and difference between the age of the employee at retirement and the Medicare entitlement age, false information basis for disqualification of coverage, employer contribution for non-Medicare retiree not to exceed contribution for active employee, Secs. 36-29-1, 36-29-7, 36-29-8, 36-29-10, 36-29-19.4, 36-29-19.7 am’d. (2011-20786).

SB 419 - Public Education Employees’ Health Insurance Plan (PEEHIP), employees retiring after December 31, 2011, subject to sliding scale premium calculation based on years of service and difference between age of employee at retirement and Medicare entitlement age, limit on employer contribution based on other health insurance of spouse, false information basis for disqualification of coverage, employer contribution for non-Medicare retiree not to exceed contribution for active employee, Secs. 16-25A-1, 16-25A-8.1, 16-25A-17.1, 16-25A-20, 16-25A-22 am’d. (2011-20825).

 

 

 

Public Safety

* HB 56 - Immigration laws, enforcement on state and local level, unauthorized aliens, presence and employment of prohibited, verification by law enforcement officers, penalties, participation in federal E-Verify program, impoundment of certain vehicles, voter registration fraud, penalties, proof of citizenship for public benefits, Homeland Security Department, powers, duties (2011-20200).

HB 93 - District attorneys, investigators, appointment authorized, duties, powers and authority of other law enforcement officers.

HB 219 - Law enforcement officers, assaults of while performing lawful duty, classified as assault in the second degree, to include off-duty officers employed by a private entity, Sec. 13A-6-21 am’d.; Act 2010-565, 2010 Reg. Sess. am’d.

HB 361 - Motor vehicles, driving under the influence, penalties to include mandatory use of ignition interlock device under certain conditions, Forensic Sciences Department to approve devices, Public Safety Department to issue restricted driver’s license, fee, provisions for indigent defendants, Sec. 32-5A-191.4 added; Sec. 32-5A-191 am’d.

HB 463 - Attorney General, makes permissive issuance of opinions, expenses, attorneys licensed outside Alabama authorized to be appointed deputy attorneys general, certain private law offices prohibited, nonmerit employee appointments increased, issuance of subpoenas, criminal prosecutions, official opinions, false statement by Attorney General in investigations, prohibited, penalties, Sec. 36-15-62.1 added; Secs. 36-15-1, 36-15-4.2, 36-15-5.1, 36-15-6, 36-15-9, 36-15-10, 36-15-11.1, 36-15-13, 36-15-14, 36-15-16, 36-15-17, 36-15-21.1, 36-15-60, 36-15-62 am’d.

SB 47 - Pardons and Paroles Board, notification of victims, procedures changed, supplying contact information for notification, victims authorized to choose not to be notified, Implementation Task Force established for statewide automated victim notification system, Sec. 15-22-36.2 added; Secs. 15-22-23, 15-22-36 am’d. (2011-20727).

SB 67 - Driving under the influence, and driving under the influence with child present in vehicle, penalties for offenders with .15 percent alcohol increased, revocation of driver’s license under certain conditions, Sec. 32-5A-191 am’d.

SB 90 - Sheriff, employees, immunity, Sec. 14-6-1, 36-22-3 am’d.

SB 185 - Misdemeanor non-traffic violations, issuance of electronic uniform non-traffic citation and complaint (eUNTCC), summons and complaint process or notice to appear in court.

 

 


Judicial / Legal

HB 28 - Real and personal property, rule against perpetuities, duration of interests prior to vesting, Uniform Statutory Rule Against Perpetuities adopted, common law rule repealed, real and personal property to vest in 100 years, trust up to 360 years, Secs. 35-4A-421 to 35-4A-428, inclusive, added; Sec. 35-4-4 repealed.

HB 29 - Civil practice, Uniform Unsworn Foreign Declarations Act, adopted, use of unsworn declarations under certain conditions if declarant is outside of United States.

HB 51 - Indecent exposure, third or subsequent conviction, penalties increased, Sec. 13A-6-68 am’d.

HB 97 - Grandparent visitation, one petition per grandparent per 24-month period, parent authorized to petition for amendment or revocation once in 24-month period with respect to each petition awarding visitation, Sec. 30-3-4.1 am’d.

HB 180 - Asbestos claims, damages of successor corporations limited to fair market value of total gross assets at time of merger or consolidation.

HB 261 - Capital offenses, sex crimes, certain against children included, sentencing to life imprisonment without parole, Sec. 13A-5-6 am’d. (2011-20458).

HB 348 - Grandparents, definition to include parent of a parent of a minor child, including an adopted child, visitation with minor child, considerations of court in determining best interests of child, Sec. 30-3-4.1 am’d.

HB 450 - Firearms, soliciting or encouraging a licensed dealer or private seller of firearms or ammunition to transfer a firearm or ammunition if the person knows the transfer violates state and federal law and providing false information to dealer or seller of firearms or ammunition with intent to deceive, crimes established, exceptions, penalties.

HB 492 - Twenty-fifth Judicial Circuit, (Marion and Winston Counties), public defender office, funding, Act 720, 1978 Reg. Sess. Repealed.

HB 510 - Good Samaritan Law, civil immunity granted to certain persons, in good faith, without compensation, for participation in emergency response activities, Sec. 6-5-332 am’d.

HB 512 - Domestic violence in the first, second, and third degrees, additional crimes added to definitions of, subsequent convictions of domestic violence in the third degree, penalties increased, crimes of interference with a domestic violence emergency call and domestic violence by strangulation or suffocation, provided for, no court costs to any victim of domestic violence, stalking, or sexual assault in connection with the prosecution or warrant recall Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-133, 13A-6-134 am’d.

SB 48 - Probate court, estates, trusts, and guardianships or conservatorships, transfer to circuit court, procedures to transfer back to probate court from circuit court under certain circumstances, Secs. 12-11-41.1, 12-11-41.2, 26-2-2.1 added.

SB 53 - Infants and incompetents, power of attorney, Uniform Power of Attorney Act, Sec. 26-1A-101 to 26-1A-123, inclusive, 26-1A-201 to 26-1A-217, inclusive, 26-1A-301, 26-1A-302, 26-1A-401 to 26-1A-404, inclusive, added; Sec. 26-1-2 am’d.

SB 170 - Boats, including outboard motors and parts, vessel trailer, identification numbers and registration, altering prohibited, penalties including illegal possession, forfeiture.

SB 211 - Domectic violence, protection orders, violations, mandatory term of imprisonment increased, jurisdiction extended to orders issued by Indian tribes and U. S. territories, domestic Violence Protection Order Enforcement Act, Secs. 30-5A-1, 30-5A-2, 30-5A-3, 30-5A-4 amended and renumbered as 13A-6-140, 13A-6-141, 13A-6-142, 13A-6-143.

SB 267 - Probation, revocation and suspension, technical violations classified on administrative violations, eligible offender and nonviolent offender defined, Secs. 15-22-54, 15-22-54.1 am’d.; Act 2010-753, 2010 Reg. Sess. am’d.

SB 296 - Sex offenders, notification and registration, comprehensive procedure for registration by adult and juvenile sex offenders, notification by law enforcement, employment and residency limited, registration fees authorized, Sex Offender Registration and Community Notification Act, Secs. 13A-11-200, 13A-11-201, 13A-11-202, 15-20-1 to 15-20-38, inclusive, repealed (2011-20360).

SB 316 - Uniform Residential Landlord and Tenant Act, definitions, unenforceable provisions in a rental agreement, access to rental property by a landlord for repairs, attorney fees, noncompliance by landlord or tenant, noncurable default, a landlord’s remedy for abandonment of rental property by a tenant, further provided for, Secs. 35-9A-141, 35-9A-163, 35-9A-303, 35-9A-401, 35-9A-421, 35-9A-423, 35-9A-426 am’d.

SB 440 - Indigent Defense Services Office, established as division of Finance Department, director, staff, duties, advisory board in each judicial circuit, compensation of appointed counsel, contract counsel system, public defender office, Secs. 12-19-252, 15-12-1, 15-12-4, 15-12-5, 15-12-6, 15-12-20, 15-12-21, 15-12-22, 15-12-23, 15-12-26, 15-12-27, 15-12-29, 15-12-40, 15-12-41, 15-12-42, 15-12-43, 15-12-44, 15-12-45, 15-12-46 am’d.; Secs. 15-12-2, 15-12-3, 15-12-24, 15-12-24.1 repealed (2011-21181).

 

 

Tort Reform

SB 59 - Civil actions against architects, engineers, or builders, statute of repose decreased, Secs. 6-5-221, 6-5-222, 6-5-225, 6-5-227 am’d. (2011-20271).

SB 84 - Property owners, liability limited for leasing property for hunting or fishing, Landowners Protection Act.

SB 184 - Product liability action for relief against sellers that are not manufacturers, prohibited, Secs. 6-5-501, 6-5-521 am’d. (2011-20347).

SB 187 - Civil procedure, admissibility of expert witness opinions further provided for, Sec. 12-21-160 am’d. (2011-20553).

SB 207 - Money judgments not based on a contract action, computation of interest further regulated, Sec. 8-8-10 am’d. (2011-20350).

SB 212 - Wrongful Death Act, venue by personal representative of deceased, in county where the suit could be filed if deceased were still living, Sec. 6-5-410 am’d. (2011-20341).

 

 


Constitutional Reform / Code of Alabama

SB 112 - Poll taxes and segregation of schools by race, constitutional provisions regarding deleted, portions of Section 256 and Section 256 as amended by Amendment 111, Constitution of Alabama of 1901, (Section 256, Recompiled Constitution of Alabama of 1901, as amended), am’d., Section 259, (Section 259, Recompiled Constitution of Alabama of 1901, as amended), Amendment 90, and Amendment 109, Constitution of Alabama of 1901, repealed, const. amend.

SB 206 - Code of Alabama 1975, Acts of 2009 First Special Session and 2010 Regular Session as contained in 2010 supplements and replacement volumes, codified with certain corrections, local permanent laws of certain counties codified, duties of Secretary of State.

 

 

 

 

Ethics / Campaign Finance / Transparency

HB 25 - Finance Department, monthly financial reports regarding General Fund and Education Trust Fund, required, to be published on Finance Department’s website.

* HB 58 - Public officials or spouses of public officials, public disclosure required of names and compensation of those who are employed by or have contracts with a municipality, a county, or the state, filing with Ethics Commission, Sec. 36-25-5.1 added.

* HB 62 - Ethics Commission, annual appropriation to be certain percentage of General Fund Appropriations Act, reduction only by approval of House and Senate.

HB 514 - Public contracts, competitive bids, potential conflict of interest, members and officers of public entities may have financial interest in public contract if contract existed before public service begins or member or officer does not participate in decision process, Sec. 41-16-60 am’d.

SB 136 - Elections, campaign finance disclosure reports, electronic filing, frequency increased, Section 527 organization filing requirements, filing of large contributions required, Secretary of State to establish and maintain electronic database, Sec. 17-5-8 am’d. (2011-20439).

SB 222 - Ethics, public officers and employees and family members, clarification that prohibited offer, gift, solicitation, or receipt of anything pursuant to Section 36-25-7, Code of Alabama 1975, must be for corruptly influencing official action, Sec. 36-25-7 am’d.; Act 2010-764, 2010 1st Sp. Sess. am’d.

SB 284 - Electioneering communications and paid political advertising, disclosure of source of funding required, exceptions, contributions by political committees further provided for, Secs. 17-5-2, 17-5-8, 17-5-12 am’d. (2011-20676).

 

 


Elections

HB 19 - Elections, photo identification required to register to vote, Secretary of State required to issue identification cards to persons without photo identification at no cost, Sec. 17-9-30 am’d.; Act 2010-687, 2010 Reg. Sess. am’d. (2011-20004).

* HB 64 - Elections, right of individuals to vote by secret ballot for public office, referenda, employee representation, guaranteed, Amendment 579 (Section 177, Recompiled Constitution of Alabama of 1901, as amended), am’d., const. amend.

HB 425 - Presidential preference primary election, date changed, provisions relating to when election day same day as Mardi Gras deleted, Secs. 17-13-3, 17-13-100 am’d. (2011-20382).

SB 55 - Elections, overseas absentee voting, Electronic Overseas Voting Advisory Committee, established to advise whether secure electronic means of voting available, duties of absentee election manager, overseas voter certificate required, Secretary of State to implement rules.

SB 139 - Elections, expenses reimbursable by state, Election Expense Reimbursement Committee, established, Sec. 17-16-2.1 added; Secs. 17-16-2, 17-16-4 am’d.

 

 

 

Tornado Relief Package

HB 179 - Ad valorem tax, definition of residential property expanded to include single family dwellings and lots under construction, homestead exemption for those whose homes are destroyed or severely damaged by natural disasters maintained, Sec. 40-8-1 am’d.

SB 271 - Public schools, K-12 instructional days, local board of education with approval of State Superintendent of Education authorized to make up cancelled instructional days by adjusting the hours of actual instruction, Sec. 16-13-231 am’d.

SB 493 - Tornado Recovery Tax Incentive Protection Act, grants and extensions of tax incentives and abatements for properties damaged or destroyed by April 2011 tornadoes, protected.

SB 506 - Ad valorem tax, property classified as residential or a homestead not affected under certain conditions when property damaged by natural disasters such as tornadoes, Secs. 40-8-1, 40-9-19 am’d.

 

 


Emergency Management

HB 182 - Emergency management, Governor and local emergency management agencies, mutual aid agreements with federally recognized Indian tribes, authorized, Secs. 31-9-6, 31-9-9 am’d.

 

 

 

Abortion

HB 18 - Abortion, prohibited on or after 20 weeks postfertilization, exceptions for health of mother, Legislative findings regarding pain felt by unborn child, reports to Office of Vital Statistics, civil and criminal penalties, Alabama Pain-Capable Unborn Child Protection Act, Sec. 22-9A-13 am’d. (2011-20570).

 

 

 

Health / Health Care

* HB 60 - Health care, persons, employers, or health care providers, mandatory participation in any health care system prohibited, const. amend.

HB 108 - Sports, youth athletes, concussions and head injuries, each sport or recreational organization governing body to develop guidelines regarding medical evaluation, removal from practice or game, written clearance from health care provider to return to play, athletic head injury safety training required (2011-20301).

HB 195 - Food nutrition labeling, restaurants and vending machines, regulation reserved to the Legislature, not to affect federal regulations.

HB 513 - Mental Health Department, licensure for care or treatment for mental or emotional illness or intellectual disability or individuals with a substance related disorder, physician, psychologist, social worker, Christian Science practitioner, or church providing religious services excepted, mental illness and substance abuse treatment defined, Secs. 22-50-1, 22-50-17 am’d. (2011-20502).

SB 429 - Vital statistics, stillborn child, parent listed on report of fetal death authorized to request Certificate of Birth Resulting in Stillbirth from State Registrar, procedures for issuance, State Board of Health to administer.

 

 


Redistricting

HB 621 - State Board of Education, redistricting pursuant to 2010 federal census, Sec. 16-3-1.1 repealed and reenacted.

SB 484 - Congressional redistricting, pursuant to 2010 federal census, Sec. 17-14-70 repealed and reenacted.

 

 

 

Banking and Insurance

HB 3 - Mini-Code, consumer credit transactions, late charge increased under certain conditions, Sec. 5-19-4 am’d. (2011-20001).

HB 75 - Interstate Insurance Product Regulation Compact, adopted.

HB 76 - Surplus Lines Insurance Multi-State Compliance Compact Commission, established, Surplus Lines Insurance Multi-State Compliance Compact Act.

HB 267 - Title insurers, closing or settlement insurance for settlement agents, issuance authorized, Sec. 27-3-6.1 added.

HB 544 - Banking Department, bank holding companies regulated, confidential reports, incorporation of a bank, notification requirements when change of voting shares through inheritance, Secs. 5-2A-12, 5-3A-1, 5-3A-3, 5-3A-4, 5-3A-6, 5-3A-11, 5-5A-1, 5-5A-22, 5-5A-44, 5-13B-11 am’d.

SB 269 - Insurance adjusters, licensing and regulation by Insurance Department, Secs. 27-9A-1 to 27-9A-18, inclusive, added; Sec. 27-4-2 am’d.; Secs. 27-9-1 to 29-9-8, inclusive, repealed.

SB 389 - Strengthen Alabama Homes Program, established within Insurance Department, funding for retrofitting insurable property to resist future loss due to hurricanes or windstorms.

SB 395 - Property, income tax deduction the lesser of 50 percent of costs or $3,000 for retrofit improvements to homes to help withstand hurricane and windstorm damages, rate filings and related actuarial information for homeowners insurance coverage to be public information available on Internet (2011-21133).

SB 404 - Motor vehicles, stolen vehicles, issuance of certificate of title to insurance company where settlement has occurred, Sec. 32-8-84 am’d.

 

 

 

Unemployment Compensation

HB 305 - Unemployment compensation, special assessments used to fund Employment Security Enhancement Fund, expiration date extended, Secs. 25-4-40.1, 25-4-54 am’d.; Act 2010-505, 2010 Reg. Sess. am’d.

HB 473 - Unemployment compensation, benefit period extended, Sec. 25-4-75 am’d.

 

 

 

Transportation

HB 105 - Motor vehicles, licensing and registration of trucks and truck tractors, motor vehicle wreckers (tow trucks), licensing and registration based on gross vehicle weight not to include vehicle towed, Sec. 40-12-248 am’d.

HB 256 - Motor vehicles, dealer license plates, number and use limited, transit plates provided for, Sec. 40-12-264 am’d.

HB 399 - Motor fuel tax, point of taxation moved from wholesaler to withdrawal from terminal, licensing and fees, distrib. of proceeds, penalties, Terminal Excise Tax Act, Secs. 40-17-171, 40-17-220, 40-17-221, 40-17-223 am’d.; Secs. 40-12-190 to 40-12-202, incl., 40-12-204 to 40-12-206, incl., 40-17-1, 40-17-2, 40-17-5 to 40-17-9, incl., 40-17-13, 40-17-14, 40-17-18 to 40-17-20, incl., 40-17-22, 40-17-30 to 40-17-40, incl., 40-17-43, 40-17-45, 40-17-49 to 40-17-52, incl., 40-17-70 to 40-17-74, incl., 40-17-74.1, 40-17-75 to 40-17-82, incl., 40-17-100 to 40-17-108, incl., 40-17-120 to 40-17-122, incl., 40-17-124, 40-17-125, 40-17-174, 40-17-200, 40-17-201, 40-17-203, 40-17-222, 40-17-240, 40-17-250, 40-17-290, 40-17-291 repealed (2011-20461).

SB 253 - Motor vehicles, low speed vehicles and mini trucks, licensure, restrictions, safety equipment, title not required, Sec. 32-6-59 added; Secs. 32-8-31, 40-12-240 am’d.; Act 2010-519, 2010 Reg. Sess. am’d.

SB 289 - Commercial motor vehicles, load securement certification, metal coils, operator not required to carry certification in vehicle or produce on demand, Sec. 32-9A-2 am’d.

 

 

 

Revenue

HB 243 - Alabama Firefighters Annuity and Benefit Fund, income tax refund check-off for a contribution to, provided, Sec. 40-18-140 am’d.

SB 65 - Historic Preservation Fund, Alabama State, income tax refund check-off for a contribution to, provided, Sec. 40-18-140 am’d.

SB 129 - Firefighters Annuity and Benefit Fund, voluntary contribution by state income tax check-off provided for, Act 2010-726, 2010 Reg. Sess. am’d.; Sec. 36-21-186 am’d.

SB 137 - Motor vehicles, liability insurance, verification prior to registration, online insurance verification system established, Revenue Department and law enforcement to electronically verify, Secs. 32-7A-9, 32-7A-10, 32-7A-11, 32-7A-12, 32-7A-13, 32-7A-14, 32-7A-15, 32-7A-16, 32-7A-17, 32-7A-18, 32-7A-19, 32-7A-20, 32-7A-21, 32-7A-22, 32-7A-23, 32-7A-24, 32-7A-25, 32-7B-1, 32-7B-2, 32-7B-3, 32-7B-4, 32-7B-5, 32-7B-6 added; Secs. 32-7-19, 32-7-20, 32-7-22, 32-7-24, 32-7A-2, 32-7A-3, 32-7A-4, 32-7A-5, 32-7A-6, 32-7A-7, 32-7A-8 am’d.; Secs. 32-7A-9, 32-7A-10, 32-7A-11, 32-7A-12, 32-7A-13, 32-7A-14, 32-7A-15, 32-7A-16, 32-7A-17, 32-7A-18, 32-7A-19, 32-7A-20, 32-7A-21, 32-7A-22 repealed and reenacted (2011-21169).

SB 224 - Salvage vehicles, secondary metals recyclers may acquire without title under certain conditions, statement of ownership, value, and identifying characteristics required, lien verification system provided by Revenue Department, penalties, Sec. 32-8-64.2 added; Sec. 32-8-87, 40-12-412, 40-12-116 am’d.; Act 2010-748, 2010 Reg. Sess. am’d. (2011-20542).

SB 337 - Tax revenue, distribution altered, sales tax discount and use tax discount, distribution altered, Secs. 40-23-35, 40-23-77 am’d.

 

 

 

Environmental

HB 50 - Environment, coal combustion by-products, fly ash waste, bottom ash waste, boiler slag waste, and flue gas emission control wastes, exemption from regulation as solid wastes, removed, Secs. 22-27-2, 22-27-3 am’d.

HB 106 - Environmental Management Department, civil penalties for violations, certain actions not subject to civil fines, Sec. 22-22A-5 am’d.

HB 406 - Environmental Management Department, issuance of permits to certain solid waste landfills, 24-month moratorium on issuance, duties to Environmental Management Department and Health Department (2011-20385).

 

 

 

Conservation / Natural Resources

HB 333 - Live saltwater bait license, regulation of shrimping areas for bait and the number of shrimp baskets licensee may have in his or her possession, license fees increased, expiration of licenses, regulation of bull minnow traps, Secs. 9-12-54.1, 9-12-54.2, 9-12-54.3, 9-12-54.4 am’d.

SB 49 - Game and fish, yellow perch raised in farm ponds, excluded from sale prohibition, Sec. 9-11-84 am’d.

SB 369 - Forever Wild Land Trust, reauthorized for certain number of years, const. amend. (2011-20924).

 

 

 

 

Agriculture

HB 188 - Agricultural tourist attractions, to be defined by rule and approved by Agriculture and Industries Department, application and renewal fees, directional signs under certain conditions.

HB 197 - Pesticides and pesticide devices, registration biennially, new fee schedule, Sec. 2-27-9 am’d. (2011-20170).

HB 486 - Agricultural Center Board and Agricultural Center Corporation, members revised, powers, management, development, improvement of Garrett Coliseum, issuance of revenue bonds, designated use of proceeds, dissolution procedures, Secs. 2-6-1, 2-6-24, 2-6-25 am’d.; Secs. 2-6-26, 2-6-38 repealed (2011-20541).

SB 123 - Fertilizers, local ordinance, rule, or regulation pertaining to prohibited, entire subject matter of Agriculture and Industries Department, exception.

SB 433 - Honeybees, regulated by Agriculture and Industries Department, bringing hives across state lines without certification by department, fine increased, destruction of hives under certain conditions, Sec. 2-14-4 am’d.

 

 

 

Human Resources / Children

HB 297 - Children, subsidized adoption, subsidy payments provided for, termination of payments, annual reporting and hearing procedures, definitions, Secs. 26-10-22, 26-10-24, 26-10-25, 26-10-26, 26-10-29 am’d.

SB 295 - Individual Development Account Program, established in Human Resources Department, created for individuals with low income.

SB 427 - Infants, sudden unexplained infant death, Sudden Unexplained Infant Death Investigation Team, established, duties, coordination of county officials, law enforcement, medical or emergency personnel, immunity, Sudden Unexplained Infant Death Investigation Act.

 

 

 


Military / Veterans’ Affairs

SB 143 - Veterans’ Affairs, State Department of, veterans organizations making nominations, Alabama Alliance of the Military Officers Association of America, Inc., added to nominating organizations, Sec. 31-5-3 am’d.

 

 

 

Animals

HB 115 - Animals, fighting dogs, procedures for seizing, disposition process expedited, bond required under certain conditions, forfeiture of dog under certain conditions, Sec. 3-1-29 am’d.

HB 502 - Disabled, including persons blind and hearing impaired or person diagnosed with autism spectrum, use of service animal in public places, including public or private schools, training authorized of service animal, Sec. 21-7-4 am’d.

SB 172 - Euthanasia of cats and dogs in animal shelters, gas chambers prohibited, delayed effective date, Beckham’s Act, Sec. 34-29-131 am’d.

 

 

 


Boards, Agencies, and Commissions

HB 2 - Alabama Agricultural and Mechanical University, board of trustees, members, nominating committee process established, when appointment becomes effective clarified, Secs. 16-49-20, 16-49-21 am’d.; Sec. 16-49-25 repealed.

HB 255 - Prosthetics and Orthotics Act, terms redefined, licensure or registration, application requirements, duties of board updated, maximum fees exceeded under certain conditions, Secs. 34-25A-3, 34-25A-5, 34-25A-7, 34-25A-12 am’d.; Act 2010-145, 2010 Reg. Sess. am’d.

HB 308 - Elevator Safety Review Board, administration by Labor Department, funds, use for operation of Labor Department, Sec. 25-13-6 am’d.; Act 2010-597, 2010 Reg. Sess. am’d.

HB 355 - Streamlined Sales and Use Tax Commission, established to develop, implement, and administer programs for compliance with federal Streamlined Sales and Use Tax Agreement (2011-20802).

HB 437 - Governor’s Mansion Authority, established, members, duties, funding, employees, Governor’s Mansion Advisory Board abolished, Secs. 41-9-530 to 41-9-532, inclusive, repealed.

HB 451 - Entities with tax exempt status operating dental clinics, exempt from Dental Practice Act, required to register with State Board of Dental Examiners, professional employees of clinics to comply with dental licensing law, Sec. 34-9-7.2 added.

HB 453 - Senior Services Department, board of directors, at-large members, requirement limiting certain number of members having same faith, deleted, Sec. 38-3-1 am’d.

HB 494 - Medicaid Agency, procurement procedures, exempt for health professionals for task forces, boards, committees, Sec. 41-16-72 am’d.

SB 94 - Funeral Service, Board of, substantially revised relating to board and operation of funeral establishments and mortuary service, application, renewal, and inspection fees increased, fines for violations increased, Secs. 34-13-1, 34-13-7, 34-13-9, 34-13-11, 34-13-12, 34-13-20, 34-13-22, 34-13-23, 34-13-26, 34-13-50, 34-13-51, 34-13-52, 34-13-53, 34-13-55, 34-13-56, 34-13-70, 34-13-72, 34-13-73, 34-13-74, 34-13-90, 34-13-94, 34-13-111, 34-13-113, 34-13-114, 34-13-115, 34-13-116, 34-13-120, 34-13-130 am’d.; Secs. 34-13-28, 34-13-150, 34-13-151, 34-13-152 repealed (2011-20128).

SB 155 - Pharmacy, Alabama State Board of, prescription drugs for patients in residential care facilities such as nursing homes and assisted living facilities, repackaging and storing of noncontrolled legend drugs, board may provide by rule.

SB 179 - Industrial Development Authority, Director of Alabama Development Office substituted as a member for Director of Industrial Development Advisory Board, Secs. 41-10-22, 41-10-25 am’d.

SB 320 - Real Estate Appraisal Management Companies, licensing and regulation by Real Estate Appraisers Board, Real Estate Appraisers Act, renamed the Alabama Real Estate Appraisers and Appraisal Management Company Registration and Regulation Act, Secs. 34-27A-50 to 34-27A-63, inclusive, added; Secs. 34-27A-1, 34-27A-2, 34-27A-4 am’d. (2011-20503).

SB 458 - Elevator Safety Review Board, regulation of elevators and inspection of elevators in private residences, authority to place elevators out of service, local regulation preempted, Sec. 25-13-18 am’d.

 

 

 

Counties and Municipalities

HB 335 - Children, deaf or blind, county or municipality authorized to place warning signs on residential roads or streets.

HB 389 - Radio/alert notification communications districts, counties authorized to establish, board of directors, members, powers, duties, opt out provision (2011-21180).

HB 431 - Class 5 municipalities, with mayor/commission/city manager form of government, election, qualifying date for candidates for mayor and city commission, Secs. 11-44E-41, 11-44E-71 am’d.

SB 20 - Municipalities, ordinances, planning, zoning, or licensing of businesses, publication or posting further provided for, Sec. 11-45-8 am’d.

SB 22 - Municipalities, municipal ordinances, fines in certain cases designated and recodified, Sec. 11-45-9 am’d.; Sec. 13A-5-12.1 repealed.

SB 71 - Municipal annexations, validated and ratified under certain conditions, Sec. 11-42-5 am’d.

SB 158 - Municipalities, neighborhood infrastructure authorities, establishment by homeowners and business owners authorized, to manage and coordinate financing for neighborhood projects, tax credits, Neighborhood Infrastructure Incentive Plan Act (2011-20524).

SB 231 - Counties and municipalities authorized to establish public authority for promoting tourism, members, duties, powers.

SB 315 - Class 2 municipalities, approval or denial of liquor licenses, appeals to circuit court, requirement for de novo review deleted, Sec. 28-1-6 am’d.

SB 342 - Class 1 municipality, waterworks board, interest on deposits, rate provided for, Act 80-327, 1980 Reg. Sess. am’d.

 

 

 

Sunset Bills

17 Sunset Bills were signed into law extending the existence and operation of the:

Alabama Athletic Commission
Alabama Board of Examiners of Landscape Architects
Alabama Historical Commission
Alabama State Board of Occupational Therapy
Athlete Agents Commission
Board of Athletic Trainers
Board of Examiners on Admission to the State Bar
Board of Massage Therapy
Board of Polygraph Examiners
Onsite Wastewater Board
Plumbers and Gas Fitters Examining Board
Security Regulatory Board
Sickle Cell and Regulatory Commission
State Board for Registration of Architects
State Board of Licensure for Professional Engineers and Land Surveyors
State Board of Prosthetists and Orthotists
State Licensing Board for General Contractors

 

 

Local Bills

A total of 108 local bills affecting only one county or municipality were signed into law.

 

 

 

Other

HB 13 - Competitive bids, public works projects, life cycle costs may be considered in determining lowest responsible bid, life cycle costs, public works, and personal property further defined, local governments authorized to purchase goods and services through vendors with current contract with Government Services Administration without further competitive bidding, Secs. 39-2-1, 39-2-6, 41-16-51, 41-16-57 am’d.

HB 184 - Real property, deeds and other instruments, transfer fee obligations prohibited, enforcement, procedures related to prior transfer fee obligations, Secs. 35-4-431 to 35-4-436, inclusive, added.

SB 54 - Notaries public, distinction between county and at large removed, Secs. 36-20-70 to 36-20-75, inclusive, added; Secs. 36-20-1 to 36-20-11, inclusive, 36-20-30 to 36-20-32, inclusive, repealed.

SB 81 - Public contracts, awarding authority to issue secondary award to certain companies owned and operated by individuals certified under federal HUBZone Program or small business enterprise, not to exceed certain percent of original contract value, exceptions, Sec. 41-16-27 am’d.

SB 87 - Telephone service, basic, obligation of carrier of last resort, exceptions based on arrangements with alternative carriers by property owner or developer, Sec. 37-2A-8 am’d.

SB 113 - Corrections Department, prescription medication, unused, redispensing authorized under certain conditions.

SB 409 - Recovery audits of overpayments of state funds, Examiners of Public Accounts Department, Chief Examiner authorized to contract for (2011-21172).

SB 437 - Construction contracts, retainage requirements, defined, Sec. 8-29-3 am’d.

 

 

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