County Chat with ACEA on Thursday
There’s a webinar for ACEA members on Thursday from 9 to 9:30 a.m. to go over:

• Preview of ACCA Convention presentations geared for engineers;
• A “listening post” segment for engineers to weigh in on the realities of improving safety in county road and bridge departments;
• An update on the Joint Bid Program.

Contact Sallie Gowan for the registration link. 

County constitutional revision hopes still alive
Mary Pons represented counties at a meeting of the Alabama Constitutional Revision Commission last week, where the commission decided to likely consider issues related to local constitutional amendments and notice and procedures for local legislation at its next meeting. That meeting will be 10 a.m. to 2 p.m. on July 1 at the State House in Montgomery. County officials are encouraged to join the ACCA staff that day.

Federal PILT payments on rise
Despite sequestration, Alabama counties will see a nearly $100,000 combined increase in the federal payments in lieu of taxes, known as PILT. (See this chart  for county-specific figures.) The program seeks to compensate local government for non-taxable federal lands, and the U.S. Department of the Interior released the funds last Thursday. (This news release contains additional information about the program.)

Proposed new sales tax rule regarding local nexus
Counties have struggled for years to collect sales tax on purchases that are delivered from one jurisdiction to another, and a proposed new rule   from the Alabama Department of Revenue would clarify questions of when and where such taxes are due. Some changes to the proposed rule are being considered, but still the new rule could be a very positive step for counties. The soonest the rule could become effective would be early September. Questions? Contact Mary Pons.

CDBG $ announced
The federal government has announced funding for Community Development Block Grants in Alabama, and so ADECA has asked us to relay the information to you. The ceilings, minimums and deadlines (noon on Aug. 1 for most programs) have not changed since last month’s preliminary announcement. Please see this memo for more info. 

Committee focuses on voting
The Minority Issues Steering Committee met last week with Ed Packard, from the office of Secretary of State Beth Chapman, and Sarah Still of the Alabama Department of Pardons and Paroles. The committee’s focus was on voting issues, including the impending implementation of the new state law requiring photo identification at Alabama voting polls and the process for restoring the voting rights of felons who have completed their sentences. The group will hold its next meeting in conjunction with the ACCA convention in August. 

Lots of professional learning and networking this week
Two of ACCA’s affiliate groups are meeting for conferences this week. The Alabama Association of Emergency Managers will gather Tuesday-Thursday in Guntersville, and the Alabama City/County Management Association is convening in Orange Beach Wednesday-Friday.

Honoring service and excellence
There’s still time to get your application in for the 2013 ACCA Awards! The deadline is June 28, and there are categories for Outstanding Contribution to County Government and Excellence in County Government (urban and rural categories), as well as Tenure in Office and Memorials. Take a look at this awards info to learn more.

Below you will find brief summaries of bills that have become law followed by a complete county-by-county list of local bills that became law. As always, if you have any questions, please don’t hesitate to contact the ACCA legislative team – Sonny Brasfield, Mary Pons, Sallie Gowan, John Hamm and Brandy Perry – at 334-263-7594.

ACCA BILLS

A number of priority bills for counties became law this session, including three that passed on the session’s last night.

Redemption of property
Act 2013-370 (HB 47 by Rep. Steve Clouse & Sen. Cam Ward/Sen. Jerry Fielding)
Corrects technical problems in the statute addressing tax sales and redemption of property to provide that any excess paid at the time of the tax sale may only be paid to a person or entity who has legally redeemed the property, but allowing the county commission to issue a voucher in the amount of the excess which can be presented to the probate judge in lieu of the amount equal to the excess bid by a person or entity who has paid all other costs of redemption. Effective Aug. 1, 2013, and only applies to redemptions on or after that date.

Reusing prescription drugs in county jails
Act 2013-396 (HB 54 by Rep. Todd Greeson & Sen. Rusty Glover)
In the past when an inmate left a county jail, all the inmate’s remaining county-purchased prescription drugs were destroyed. This act allows unused drugs to go back to the pharmacy for a credit or to be redispensed, resulting in cost savings for counties. Effective May 22, 2013.

Alabama Trust Fund repayment
Act 2013-6 (HB 94 by Rep. Jay Love & Sen. Bryan Taylor)
One county revenue stream for capital projects comes from the Alabama Trust Fund, created with the state’s royalties from oil and gas drilling. Last September, voters approved borrowing $437 million from the trust fund to prop up the state’s General Fund budget. This act requires the Legislature to gradually repay the trust fund by 2026. Effective Feb. 20, 2013. 

Credit card use for counties
Act 2013-211 (HB 247 by Rep. Alan Harper & Sen. Jimmy Holley)
Allows counties, through their chief administrative officers, limited use of credit, debit or procurement cards for purchases of goods and supplies. ACCA is developing guidance for counties on how to best implement this new law. Effective May 10, 2013. 

4-cent gas tax for vegetation management
Act 2013-402 (HB 514 by Rep. Dexter Grimsley & Sen. Roger Bedford)
Counties have only been able to use funds from the 4-cent excise tax on gasoline and lubricating oil on resurfacing, restoring and rehabilitating paved roads and bridges or on replacing bridges. This act allows counties to use these funds for vegetation management on the county rights of way, though the funds cannot be used to purchase herbicides. Effective Aug. 1, 2013. 

Funding for ATRIP/RAMP Projects
Act 2013-80 (SB 192 by Sen. Paul Bussman & Rep. Mac McCutcheon)
Allows the state to borrow money needed for the 22 counties participating in the Rural Assistance Match Program (RAMP) portion of the Alabama Transportation Rehabilitation and Improvement Program (ATRIP). Effective April 9, 2013.

ACCA WAS THERE: Bills that were modified to address county concerns

Liability protection for engineers
Act 2013-401 (HB 335 by Rep. Jamie Ison)
Added to the code existing civil liability protections for any person or firm that contracts with an awarding authority (i.e. a county) to perform construction monitoring services on public or private infrastructure projects. Effective May 23, 2013. 

Contractor’s exemption from sales and use tax on certain public projects
Act 2013-205 (HB 419 by Rep. Paul DeMarco)
Reinstates an old provision that allowed contractors to purchase materials for public projects without paying sales or use taxes. The exemption will be available for projects let by the state, a city, a county, public K-12 schools, public colleges or universities as well as an industrial or economic development board or authority. However, the exemption does not apply to road or bridge projects. The Alabama Department of Revenue will issue a certificate of exemption to the governmental entity for each tax-exempt project. Effective Oct. 1, 2013, for contracts entered into on or after Jan. 1, 2014.

State public safety agency consolidation
Act 2013-67 (SB 108 by Sen. Del Marsh)
This act creates the Alabama State Law Enforcement Agency to take over for the Alabama Department of Public Safety, the Alabama Department of Homeland Security and certain functions of other agencies. It does not change the Alabama Emergency Management Agency or the enforcement officers attached to the Alabama Department of Transportation. Portions effective March 19, 2013, and other portions effective Jan. 1, 2015.

Guns
Act 2013-283 (SB 286 by Sen. Scott Beason & Rep. Ed Henry)
Rewrites laws about when and where guns can be carried. Key provisions for counties:

1. It will be unlawful to carry a gun into a courthouse, a courthouse annex, a building where a district attorney’s office is located or a building where a county commission is currently meeting.
2. Sheriffs will retain some discretion on issuing pistol permits, though a new appeals process would be available for denials.
3. Pistol permits will be available for as long as five years at a time at the current per-year cost.
4. Though employees will be allowed to have a firearm in their private vehicles at work, there are many restrictions such as the firearm must be unloaded, kept out of sight and locked up.
5. Employers, property owners and lawful property possessors (a renter, for example) are protected from lawsuits stemming from guns brought to the property.

Effective Aug. 1, 2013. ACCA will provide guidance to counties before the effective date.

Tax credit for work on historic structures

Act 2013-241 (HB 140 by Rep. Victor Gaston)
As introduced, the bill would have allowed tax credits against a list of taxes, including  some state taxes, such as the financial institutions excise tax, that flow to counties. As it became law, the act only allows tax credits against the state portion of affected taxes. Effective May 15, 2013. 

Absentee voting for emergency responders
Act 2013-202 (HB 373 by Rep. Barry Moore)
Allows the secretary of state to create an emergency rule to allow emergency responders to vote by absentee ballot in certain situations. Amended so that all costs will be paid by the state. Effective Aug. 1, 2013.  

Pre-trial diversion programs
Act 2013-361 (HB 494 by Rep. Mike Hill)
Provides for optional creation of pretrial diversion programs in jurisdictions without local acts and set basic operating standards. Amended to ensure counties and sheriffs have no responsibilities or liabilities unless under contract. Existing programs may comply with part or all of the new law in part or in its entirety, or they may continue operating “as is.” Effective May 23, 2013.

DANGER BILLS

National Guard bond issue
Act 2013-266 (SB 260 by Sen. Tom Whatley)
This act sets up a statewide referendum on a $50 million bond issue for National Guard armories to be paid with money that would otherwise be deposited into the Alabama Trust Fund. Counties get 10 percent of the Alabama Trust Fund’s earnings income every year, and it would cost the trust fund $70 million to pay back the debt. Every dollar diverted reduces the fund’s power to earn interest – and shrinks county funding.

Homestead property tax exemptions for elderly and disabled
Act 2013-295 (HB 19 by Rep. Jack Williams)
Largely restored local property tax exemptions for the elderly and disabled to their status before ACCA’s HB  120 passed in 2012. The 2012 legislation was an effort to rein in abuse while also raising the income threshold for one exemption. The higher threshold for the exemption for the elderly survived the 2013 rewrite, which is intended to apply to the current tax year (taxes due Oct. 1, 2013). The bill restored the exemption for the disabled to 2011 levels, which effectively repeals ACCA’s accomplishments from 2012. The new law does include some penalty provisions for providing false information to get the exemption. Effective May 21, 2013.

EXEMPTIONS

Tax exemption for Lurleen B. Wallace Community College Foundation and Calhoun Community College Foundation
Act 2013-170 (HB 4 by Rep. Mike Jones)
Exempts these two community college foundations from state, county or local sales, use or property taxes. Effective April 30, 2013.

Tax exemption for food pantries in Talladega County
Act 2013-442 (HB 37 by Rep. Ron Johnson)
Exempts food pantries in Talladega County that meet certain definitions of charitable from all state and local sales and use taxes under certain conditions. Effective Aug. 1, 2013.

Use tax exemption for aircraft industry
Act 2013-196 (By Rep. Paul Lee)
For a period ending in 2022, this act exempts parts, components and systems which become part of a military aircraft or transport aircraft from the state use tax in certain situations. Exemption does not apply to local use taxes unless previously exempted by local law or approved by resolution of the local governing body. Effective retroactive to Oct. 1, 2012.

Sales and use tax exemption on certain medical equipment and supplies
Act 2013-443  SB 240 by Sen. Billy Beasley)
Exempts providers of certain durable medical equipment and supplies from paying sales and use taxes levied by state, city or county on transactions with a third-party payer (Medicare, private insurance, etc.). Effective Oct. 1, 2014.

OTHER BILLS OF INTEREST (grouped by subject)

♦ Criminal justice and public safety

Escaped inmate notification
Act 2013-305 (HB 14 by Rep. Paul Beckman)
Sets out procedures for officials from county, city or state correctional facilities to notify authorities within 12 hours of an inmate’s escape. Sheriffs and county jails must give notification of escapes and are in position to receive notification of escapees with connections to that particular county. Effective Aug. 1, 2013.

Cruelty to animals
Act 2013-369 (HB 27 by Rep. Joe Faust)
Doubles the maximum time served in the county jail for animal cruelty to one year. Effective Aug. 1, 2013. 

Code red emergencies at schools
Act 2013-329 (HB 91 by Rep. Alan Baker)
Creates a new category of school emergency called “code red” for acts or threats of violence. Schools must have safety plans for code red emergencies, and the plans should be developed in consultation with local law enforcement and emergency management officials. Code red drills must be practiced during the school year. Effective May 23, 2013. 

Alabama First Responder Wireless Commission
Act 2013-330 (HB 92 by Rep. Mac McCutcheon)
Creates in statute (rather than merely by order of the governor) the Alabama First Responder Wireless Commission to operate a statewide wireless communications system for first responders. The commission will include representatives of the Alabama Association of Emergency Managers, the Association of County Commissions of Alabama, the Alabama Association of 9-1-1 Districts and the Alabama chapter of the National Emergency Number Association. Effective Aug. 1, 2013. 

Search and rescue squads
Act 2013-413 (HB 97 by Rep. John Merrill)
Expands the kinds of squads that can receive public donations to include search and air. Effective Aug. 1, 2013.

Protecting personal information of certain public employees
Act 2013-172 (SB 268 by Sen. Clay Scofield)
Gives criminal justice employees including sheriffs, deputy sheriffs and jailors protection against release of personal information by state agencies. Effective Aug. 1, 2013.  

Guns for school resource officers
Act 2013-288 (SB 383 by Sen. Dick Brewbaker)
School systems may contract with a sheriff to employ school resource officers who can carry a gun on duty if they are certified by the Alabama Peace Officers’ Standard and Training Commission, have successfully completed an approved active shooter training and carry a non-lethal weapon, among other requirements. The Alabama Department of Education was tasked with creating rules to govern school resource officers. Effective May 21, 2013. 

Fire protection authorities
Act 2013-334 (HB 251 by Rep. Mac McCutcheon)
Expands the definition of fire protection services to include specific activities related to water access for county-created authorities. Effective May 23, 2013. 

♦ Economic development

Improvement districts
Act 2013-373 (HB 232 by Rep. Mike Hill)
Amended existing law on Improvement Districts relating to terms of office for the board of directors, procedure for the assessment of lands, remedies for nonpayment of assessments and temporary construction financing. Effective May 23, 2013, though with some retroactive provisions.

Major 21^st Century Manufacturing Zones
►Act 2013-424 (HB 455 by Rep. Randy Davis)
For the purpose of attracting business to the area, Authorizes counties to designate certain land parcels as Major 21^st Century Manufacturing Zones, which are distressed or blighted properties of 250 acres or larger that are suitable for development. Effective May 23, 2013.
►Act 2013-51 (SB 96 by Sen. Arthur Orr)
Among other changes, this act authorizes counties to finance a Major 21^st Century Manufacturing Zone using a tax increment district. Effective March 6, 2013, with certain retroactive provisions. 

Public funds to support federal facilities
Act 2013-78 (SB 142 by Sen. Arthur Orr)
Authorizes county and municipal corporations to expend funds in support of federal facilities located within the state. Appears designed to help with a project in north Alabama. Effective July 1, 2013.

♦ Etc.

Alabama Land Bank Authority
Act 2013-249 (SB 38 by Sen. Linda Coleman)
Among many changes to the powers and duties of this authority, this act establishes that an intergovernmental cooperation agreement to transfer property can be made between the Alabama Land Bank Authority and a local land bank authority created by a city or county. Effective Aug. 1, 2013

Alarm installers and locksmiths in small counties
Act 2013-221 (SB 52 by Sen. Tom Whatley)
The Electronic Security Board of Licensure, which regulates alarm installers and locksmiths, has not had jurisdiction in counties with populations of 30,000 or less unless the county commission opted in. The act gives the board jurisdiction statewide, though it grandfathers in certain existing businesses in those small counties.  Effective Aug. 1, 2013.

Information technology
Act 2013-68 (SB 117 by Sen. Phil Williams)
Created the cabinet-level Office of Secretary of Information Technology within state government. The person in this position does not have authority over counties, but counties could choose to enter into cooperative agreements or contracts related to the state IT system. Effective March 19, 2013.

Campaign finance disclosures
Act 2013-311 (SB 445 by Sen. Bryan Taylor)
Makes numerous changes to laws regarding campaign finance filings. Key provisions of importance for county commission candidates include:

• Candidates that have filed their reports with the probate judge may choose to file electronically with the secretary of state instead beginning with the 2014 election cycle after notifying the probate judge;
• New procedures for refunding in full within 10 days an illegal contribution to allow a candidate to avoid prosecution.

Effective Aug. 1, 2013, and subject to pre-clearance by the U.S. Justice Department.

Administrative procedures, aka “Red Tape Reduction Act”
Act 2013-88 (HB 101 by Rep. April Weaver)
Sets up a process for businesses to show state agencies how proposed rules negatively affect them. This business input will happen early enough in the process to impact the final rules adopted by the agencies. Does not apply to county governments. Effective July 1, 2013. 

State sales tax applies to certain ophthalmic materials
Act 2013-333 (HB 175 by Rep. Jim McClendon)
Applies state and local sales tax to sales of ophthalmic materials (such as lenses, frames, eyeglasses or contacts) dispensed by a licensed ophthalmologist, and made technical changes to collections on these transactions. Effective May 23, 2013.

Car tags
Act 2013-398 (HB 215 by Rep. Paul DeMarco)
Authorizes distinctive license plates for out-of-state universities and makes technical changes to the specialty tag process. Parts effective May 23, 2013, and parts effective Jan. 1, 2014.

Homebrewing of beer and wine
Act 2013-204  (HB 9 by Rep. Mac McCutcheon)
Authorizes Alabamians at least 21 years old to produce home-brewed beer, mead, cider and wine for personal use. No license, tax or fee may be required or collected from the producer. Effective May 9, 2013.

LOCAL BILLS

Baldwin County
Act 2013-324 (HB 406 by Rep. Joe Faust)
Baldwin Co., co. commission or municipal governing body may designate fire station as free polling place

Act 2013-363 (HB 504 by Rep. Joe Faust)
Baldwin Co., municipal judges and magistrates for municipal courts authorized to issue warrant recall fee for failure to appear for municipal ordinance or traffic violation, distrib. to municipal corrections fund 

Act 2013-391( HB 568 by Rep. Randy Davis)
Baldwin Co., revenue commissioner, judge of probate and sheriff, shall not be assessed for monetary losses from official duties, liability limited

Act 2013-327 (HB 609 by Rep. Steve McMillan)
Baldwin Co., leasing tax, distrib. to Historic Blakeley Authority, further provided for, Sec. 45-2-244.183 am’d.

Act 2013-227 (SB 312 by Sen. Trip Pittman)
Baldwin Co., sheriffs, additional qualifications, continuing education

Act 2013-230 (SB 357 by Sen. Trip Pittman)
Foley, City of, corp. limits alt.

Act 2013-231 (SB 358 by Sen. Trip Pittman)
Foley, City of, corp. limits alt.

Act 2013-232 (SB 359 by Sen. Trip Pittman)
Foley, City of, corp. limits alt.

Act 2013-234 (SB 394 by Sen. Trip Pittman)
Foley, City of, corp. limits alt.

Act 2013-235 (SB 395 by Sen. Trip Pittman)
Fairhope, City of, corp. limits, alt.

Act 2013-254 (SB 396 by Sen. Trip Pittman)
Baldwin Co., judge of probate and tax collector, co. comm. auth. to reimburse for good faith errors and worthless checks

Act 2013-236 (SB 398 by Sen. Trip Pittman)
Baldwin Co., court costs in circuit and district court, deposit in Law Library and Judicial Administration Fund, expiration date altered, Sec. 45-2-80.87 am’d.

Act 2013-243 (SB 420 Sen. Trip Pittman)Baldwin Co., leasing tax, distrib. to Historic Blakeley Authority, further provided for, Sec. 45-2-244.183 am’d.

Bibb County
Act 2013-407 ( HB 623 by Rep. April Weaver)
Bibb Co., sheriff, jail store, operation, proceeds earmarked for co. general fund for salaries

Butler County
Act 2013-379 ( HB 545 by Rep. Charles O. Newton)
Butler Co., sheriff authorized to sell certain abandoned, unclaimed, or stolen property, and firearms, notice, record keeping requirement, distribution of funds for law enforcement purposes

Calhoun County
Act 2013-340 ( HB 445 by Rep. K.L. Brown)
Jacksonville, civil service board, vacation of office for failure to attend meetings under certain conditions, Sec. 45-8A-71.04 am’d

Act 2013-341 (HB 446 by Rep. K.L. Brown)
Calhoun County; Jacksonville; civil service system; employees exempt; professional librarian removed from exemptions, Sec. 45-8A-71.02 am’d.

Act 2013-377 (HB 532 by Rep. Randy Wood)
Calhoun Co., license commissioner, auto allowance, license issuance fee provided, business licensee, door-to-door commercial sales required, penalties provided, Secs. 45-8-70.01, 45-8-241 am’d.

Act 2013-378 (HB 534 by Rep Barbara B. Boyd)
Calhoun Co., repeal provision that allows the proceeds from the gasoline tax to be distrib. to certain municipalities, Act 393, 1971 Reg. Sess., repealed

Act 2013-434 (HB 654 by Rep. Randy Wood)
Calhoun Co., East Alabama Community Development Corporation exempt from county and municipal sales and use taxes 

Act 2013-166 (SB 182 by Sen. Del Marsh)
Anniston, City of, alcoholic beverages, sale for off-premise consumption each day of the week

Act 2013-313 (SB 311 by Sen. Del Marsh)
Weaver, City of, alcoholic beverages, Sunday sales, off-premises sales

Act 2013-314 (SB 338 by Sen. Del Marsh)
Weaver, City of, corp. limits alt.

Cherokee County
Act 2013-418 (HB 579 by Rep. Richard J. Lindsey)
Cherokee Co., sheriff, deputies, retired with 10 years’ service, authorized to receive badge, commission card, and pistol without cost

Act 2013-315 (SB 456 by Sen. Phil Williams)
Ninth Judicial Circuit, DeKalb and Cherokee Counties, investigator, pistol and badge upon retirement after 10 or more years of service, investigators, employment pursuant to general law, relating to arrest and service powers of investigators repealed, Sec. 45-10-80 repealed

Chilton County
Act 2013-319 (SB 476 by Sen. Cam Ward)
Chilton Co., sheriff, transaction fee increased on computer generated business in certain county offices, Sec. 45-11-12 am’d.

Crenshaw County
Act 2013-344 (HB 497 by Rep. Charles O. Newton)
Crenshaw County, sales tax, county commission authorized to levy additional sales tax for certain time period, distribution for Crenshaw County Association of Volunteer Fire Departments and for public safety, referendum

Act 2013-362 (HB 498 by Rep. Charles O. Newton)
Crenshaw Co., Superintendent of Education to be appointed by the county board of education, Sec. 45-21-100 repealed

Clay County
Act 2013-358 (HB 479 by Rep. Richard J. Laird)
Clay County, volunteer fire departments and rescue squads, county commission authorized to sell fuel to

Act 2013-233 (SB 369 by Sen. Gerald Dial)
Clay Co., court costs, Clay Co. Commission no longer authorized to impose fee on municipal court cases, municipality authorized to assess fee on cases filed in municipal court, municipal court fee collected by municipality to be retained by municipality where collected, fee to be distrib. to municipality’s general fund, Sec. 45-14-80.03 am’d.

Coffee County
Act 2013-110 (HB 294 by Rep. Barry Moore)
New Brockton, alcoholic beverages, draft or keg beer or malt beverages, sale authorized, city council to regulate

Conecuh County
Act 2013-302 (HB 432 by Rep. Harry Shiver)
Thirty-Fifth Judicial Circuit, Monroe and Conecuh Co., official court reporter, salary supplement, Sec. 45-18-80 repealed

Covington County
Act 2013- 291 (HB 5 by Rep. Mike Jones)
Covington Co., sheriff, deputies with 10 years of service, authorized to receive badge, commission card, and pistol without cost

Cullman County
Act 2013-300 (HB 379 by Rep. Mac Buttram)
Cullman Co., co. roads and bridges on unit system, Sec. 45-22-70 am’d.; Sec. 45-22-71 added; Sec. 45-22-130 repealed

Act 2013-301 (HB 381 by Rep. Mac Buttram)
Cullman Co., municipalities, contracting with sheriff for police services authorized, funding by municipality

Act 2013-439 (HB 669 by Rep. Mac Buttram)
Cullman Co., appointment of superintendent of education, Acts 13, 18, 1955 Reg. Sess., Act 309, 1969 Reg. Sess., Act 529, 1973 Reg. Sess., repealed

Dallas County
Act 2013-393 (HB 571 by Rep. Darrio Melton)
Dallas Co., alcoholic beverages, sales tax, add’l. levied, penalties

Act 2013-426 (HB 601 by Rep. David Colston)
Dallas Co., judge of probate, salary increased

DeKalb County
Act 2013-296 (HB 235 by Rep. Todd Greeson)
Fort Payne, corp. limits alt.

Act 2013-405 (HB 621 by Rep. Todd Greeson)
DeKalb Co., TVA in lieu of taxes, Economic Development Authority, share increased, fiscal years 2013, 2014, 2015, Sec. 45-25-160.03 am’d.

Act 2013-315 (HB by Rep. Phil Williams)
Ninth Judicial Circuit, DeKalb and Cherokee Counties, investigator, pistol and badge upon retirement after 10 or more years of service, investigators, employment pursuant to general law, relating to arrest and service powers of investigators repealed, Sec. 45-10-80 repealed

Elmore County
Act 2013-412 (HB 681 by Rep. Mark Tuggle)
Elmore Co., and Tallapoosa Co., formation of districts for fire protection and emergency medical services near Lake Martin authorized, formation fee

Etowah County
Act 2013-417 (HB 577 by Rep. Kerry Rich)
Marshall Co. and Etowah Co., alcoholic beverages, authorizing sale of draft or keg beer or malt beverages

Act 2013-425 (HB 600 by Rep. Craig Ford)
Etowah Co., school resource officers, retired law enforcement officers allowed to serve on part-time basis, part-time reserve school resource officers to be certified by Alabama Peace Officers’ Standards and Training Commission

Fayette County
Act 2013-408 (HB 630 by Rep. Daniel Boman)
Fayette Co., increase special recording and indexing fees, judge of probate shall collect fee, Sec. 45-29-83.47 am’d.

Franklin County
Act 2013-268 (HB 404 by Rep. Johnny Morrow)
Franklin Co., creation of volunteer security forces at schools, role of sheriff and co. board of education

Geneva County
Act 2013-343 (HB 495 by Rep. Donnie Chesteen)
Geneva Co., pretrial diversion program, certain municipalities authorized

Act 2013-410 (HB 634 by Rep. Donnie Chesteen)
Geneva Co., sheriff, exp. allow. and comp., retroactive effect

Houston County
Act 2013-294 (HB 187 by Rep. Paul Lee)
Houston Co., sheriff, authorized to provide retiring officer with badge and pistol, retroactive effect

Act 2013-238 (SB 425 by Sen. Harri Anne Smith)
City of Dothan, Sunday sales of alcoholic beverages, referendum

Jackson County
Act 2013-435 (HB 656 by Rep. Wayne Johnson)
Jackson Co., Tennessee Valley Authority payments in lieu of taxes, further provided for, Act 79-473, 1979 Reg. Sess. amended and reenacted

Act 2013-318 (SB 468 by Sen. Shadrack McGill)
Jackson Co., Tennessee Valley Authority payments in lieu of taxes, further provided for, Act 79-473, 1979 Reg. Sess. amended and reenacted

Jefferson County
Act 2013-415 (HB 482 by Rep. Oliver Robinson)
Jefferson Co., General Retirement System for employees of Jefferson Co. restated, numerous acts repealed

Act 2013-376 (HB 523 by Rep. Juandalyn Givan)
Class 1 municipality, (Birmingham), city council, authorization for ordinance to permit October 1 to September 30 fiscal year, establish deadlines for submission of budget proposal and adoption of general fund budget, budget hearing, publication of notice of meeting, paper not required to be a daily paper, Act 452, 1955 Reg. Sess.; Act 792, 1973 Reg. Sess., am’d.

Act 2013-380 (HB 627 by Rep. Rod Scott)
Jefferson County, allowing the creation of a public transit system, counties with population of not less than 600,000, legislative findings, Act 87-449, 1987 Reg. Sess., Act 204, 1971 Third Sp. Sess., Act 329, 1973 Reg. Sess., Act 508, 1973 Reg. Sess., Act 993, 1971 Reg. Sess., Act 2004-500, 2004 Reg. Sess. Repealed

Act 2013-411 (HB 636 by Rep. Patricia Todd)
Jefferson Co., Irondale, prisoner transport fee authorized for transporting defendants on misdemeanor warrants from another municipal jail

Act 2013-429 (HB 638 by Rep. Patricia Todd)
Irondale, City of, pretrial diversion program, city authorized to establish, set basic operating standards

Act 2013-431 (HB 645 by Rep. Jack Williams)
Hoover, City of, pretrial diversion program, city authorized to establish, set basic operating standards

Act 2013-438 (HB 663 by Rep. Allen Treadaway)
Birmingham Firemen’s and Policemen’s Supplemental Pension System, Act 556, 2011 Reg. Sess., am’d.

Act 2013-441 (HB 683 by Rep. Merika Coleman-Evans)
Jefferson Co., Midfield, City of, authorizing city governing body to levy additional ad valorem tax, referendum

Act 2013-228 (SB 325 by Sen. Linda Coleman)
Center Point, City of, camera enforcement of traffic speed and red light

Lauderdale County
Act 2013-244 (SB 434 by Sen. Tammy Irons)
Florence, corp. limits alt.

Lee County
Act 2013-321 (HB 266 by Rep. Pebblin Warren)
Auburn, City of, authorized to increase ad valorem tax for educational use, subject to referendum

Act 2013-325 (HB 435 by Rep. Pebblin Warren)
Lee Co., additional sales tax outside of Auburn, Opelika, and Phenix City collection and distribution, referendum

Act 2013-229 (SB 327 by Sen. Tom Whatley)
Lee Co., county commission, purchasing, use of procurement cards, rebates authorized

Act 2013-237 (SB 410 by Sen. Gerald Dial)
Lee Co., Lake Harding, no-wake speed required within specified distance of dock or pier

Limestone County
Act 2013-293 ( HB 138 by Rep. Dan Williams)
Athens, municipal court, court costs, warrant recall fee authorized, assessment by judge or magistrate

Act 2013-226 (SB 295 by Sen. Bill Holtzclaw)
Limestone Co., relating to the adoption of ordinances relating to the conservation and usage of water, Act 2008-76, 2008 Reg. Sess., repealed

Macon County
Act 2013-406 (HB 622 by Rep. Pebblin Warren)
Tuskegee, boundary altered, annexations of certain tract not to extend the police jurisdiction, etc., Act 79-132, 1979 Reg. Sess. am’d

Madison County
Act 2013-322 (HB 344 by Rep. Wayne Johnson)
Madison Co., lodging tax, termination date deleted, Act 2004-418, 2004 Reg. Sess., am’d.

Act 2013-342 (HB 451 by Rep. Wayne Johnson)
Madison Co., law enforcement, delivery of currency seized as evidence to circuit clerk, deposit, forfeiture proceedings

Act 2013-356 (HB 452 by Rep. Mac McCutcheon)
Huntsville, pretrial diversion program, city authorized to establish

Act 2013-416 (HB 576 by Rep. Jim Patterson)
Burial or burning of dead animals provided for, Madison Co. Commission

Act 2013-427 (HB 616 by Rep. Mike Ball)
Madison Co., revenue commissioner, office estab., tax assessor and tax collector abolished, referendum

Marshall County
Act 2013-417 (HB 577 by Rep. Kerry Rich)
Marshall Co. and Etowah Co., alcoholic beverages, authorizing sale of draft or keg beer or malt beverages

Act 2013-403 (HB 582 by Rep. Kerry Rich)
Marshall Co., volunteer fire district, co. commission may establish volunteer fire districts, electors of district may call referendum specifying funding by meter fee or service fee

Act 2013-428 (HB 625 by Rep. Kerry Rich)
Albertville, Municipal Utilities Board, local act creating repealed, Act 1943-287, 1943 Reg. Sess., repealed

Mobile County
Act 2013-292 (HB 117 by Rep. Chad Fincher)
Mobile Co., license commissioner, issuance fee, additional, distrib. for office of license commissioner

Act 2013-339 (HB 440 by Rep. Napoleon Bracy)
Mobile Co., municipal judges and magistrates for municipal courts authorized to issue warrant recall fee for failure to appear for municipal ordinance or traffic violation, distrib. to municipal corrections fund

Act 2013-262 (SB 473 by Sen. Vivian Davis Figures)
Mobile Co., alcoholic beverages, reasonable quantity purchased from military liquor or package stores, for active duty, active reserve status or retired Armed Forces allowed

Act 2013-253 (SB 475 by Sen. Vivian Davis Figures)
Class 2 municipalities (Mobile), zoning board of adjustment, members increased to same as number of members of council, member of concurring votes provided for

Monroe County
Act 2013-302 (HB 432 by Rep. Harry Shiver)
Thirty-Fifth Judicial Circuit, Monroe and Conecuh Co., official court reporter, salary supplement, Sec. 45-18-80 repealed 

Act 2013-303 (HB 433 by Rep. Harry Shiver)
Monroe Co., probate office, motor vehicles, license tag renewal paid through Internet or by mail, convenience fee or mailing fee per transaction authorized, distrib. to county general fund

Act 2013-404 (HB 597 by Rep. Harry Shiver)
Monroe Co., sheriff, providing expense allowance, compensation

Montgomery County
Act 2013-326 (HB 439 by Rep. Alvin Holmes)
Montgomery, City of, housing authority, creating a personnel merit system, estab. a Personnel Appeals Board, providing for its membership, duties, and powers

Act 2013-385 (HB 533 by Rep. Greg Wren)
Montgomery, City of, change the requirements for retirement from the City of Montgomery, Act 2009-473, 2009 Reg. Sess., am’d.

Morgan County
Act 2013-199 (HB 271 by Rep. Ed Henry)
Morgan County, TVA lieu of taxes payments; distribute to certain school systems altered, additional payments to Calhoun Community College and Athens State University for Phase II fine arts buildings, 2011-267, 2011 Reg. Sess., repealed

Act 2013-419 (HB 591 by Rep. Terri Collins)
Morgan Co., license inspector, authorized to enforce all state laws, access to Law Enforcement Tactical System (LETS) authorized

Act 2013-328 (HB 666 by Rep. Terri Collins)
Morgan Co., additional TVA in lieu of tax payments, disbursement for capital improvements, parks and senior centers and Pre-K programs

Act 2013-320 (SB 477 by Sen. Arthur Orr)
Morgan Co., sex offenders, residency, prohibited within 100 yards of another sex offender, civil penalties against landlord

Pike County
Act 2013-390 (HB 564 by Rep. Alan C. Boothe)
Pike Co., voter center, additional centers established

Randolph County
Act 2013-323 (HB 398 by Rep. Richard J. Laird)
Randolph Co., sheriff’s pistol permit fee, waiver for active or retired law enforcement officers, Act 89-446, 1989 Reg. Sess., am’d.

Act 2013-389 (HB 558 by Rep. Richard J. Laird)
Randolph Co., tobacco tax, collection and distribution, Act 2003-213, 2003 Reg. Sess. am’d.

Act 2013-392 (HB 569 by Rep. Richard J. Laird)
Woodland, corp. limits alt.

Russell County
Act 2013-364 (HB 508 by Rep. Lesley Vance)
Russell Co., judge of probate, compensation increased

Act 2013-304 (HB 509 by Rep. Lesley Vance)
Russell Co., revenue commissioner, expense allowance, compensation, payment of expense allowance prorated

Act 2013-365 (HB 510 by Rep. Lesley Vance)
Russell Co., judge of probate, recording fees, deposit in bank instead of co. depository, Act 2006-360, 2006 Reg. Sess., am’d.

St. Clair County
Act 2013-394 (HB 572 by Rep. Jim McClendon)
St. Clair Co., judge of probate, marriage ceremony, additional fee

Act 2013-395 (HB 573 by Rep. Jim McClendon)
St. Clair Co., judge of probate, expense allowance, Act 80-195, 1980 Reg. Sess., am’d.

Act 2013-432 (HB 649 by Rep. Jim McClendon)
St. Clair Co., pretrial diversion program, city authorized to establish

Act 2013-433 (HB 650 by Rep. Jim McClendon)
Springville, City of, corp. limits alt.

Shelby County

Act 2013-260 (HB 205 by Rep. Mike Hill)
Shelby Co., judge of probate, required to be an attorney, const. amend.

Act 2013-359 (HB 480 by Rep. Mike Hill)
Shelby Co., probate court, recording fees, additional, for legislative delegation office, Act 248, 1975 Reg. Sess. am’d.

 
Act 2013-225 (SB 249 by Sen. Cam Ward)
Alabaster, City of, corp. limits, alt.

Act 2013-316 (SB 465 by Sen. Cam Ward)
Alabaster, civil service system for municipal employees established, duties and powers of personnel board, appellate process, penalties, Act 93-493, 1993 Reg. Sess., Act 96-504, 1996 Reg. Sess., repealed

Act 2013-317 (SB 467 by Sen. Cam Ward)
Alabaster, pretrial diversion program, city authorized to establish

Tallapoosa County
Act 2013-412 ( HB 681 by Rep. Mark Tuggle)
Elmore Co., and Tallapoosa Co., formation of districts for fire protection and emergency medical services near Lake Martin authorized, formation fee

Tuscaloosa County
Act 2013-298 (HB 341 by Rep. Chris England)
Certain property deannexed from Tuscaloosa and added to Northport

Act 2013-436 (HB 661 by Rep. Bill Poole)
Tuscaloosa, police and firemen retirement system, duties of board, investments, Section 7.04, Act 99-568, 1999 Reg. Sess., am’d.

Act 2013-437 (HB 662 by Rep. Chris England)
Tuscaloosa Co., boards of education, qualifications for membership revised, Act 97-616, 1997 Reg Sess., am’d.; Act 873, 1973 Reg. Sess., and Sections 8, 9, 10, 12 of Act 97-616, 1997 Reg. Sess., repealed

Washington County
Act 2013-299 (HB 359 by Rep. Elaine Beech)
Washington County, sheriff, impoundment of motor vehicle used to transport drugs, fee, deposit, expenditure

Wilcox County
Act 2013-387 (HB 553 by Rep. David Colston)
Wilcox Co., sheriff authorized to sell certain abandoned, unclaimed, or stolen property, and firearms, notice, record keeping requirement, distribution of funds for law enforcement purposes

Act 2013-388 (HB 556 by Rep. David Colston)
Wilcox Co., sheriff, authorized to provide retiring officer with badge and pistol, retroactive effect

Don’t forget your credentials
All counties are encouraged to attend this year’s NACo conference in Ft. Worth and urged to follow the new credentials process that was provided to each county from NACo and from the Association. Counties should NOT mark the box that prohibits the ACCA from picking up their voting credentials on-site in Texas. If you have any questions, please contact Sonny Brasfield.

A quiz about safe driving habits
To  test your knowledge about distracted driving, here are a few “true or false” statements for you: (Find the answers – and more info – online.) 

• Drivers can multitask.
• Talking on a cell phone is just like talking to a passenger.
• It’s safe to talk on a cell phone while driving as long as you use a hands-free device.
• Drivers talking on cell phones are safer on the road than drunk drivers.

Thank you to all the survey participants!
Many thanks to everyone who completed the online survey about ACCA’s legislative communications. Your input is important, and ACCA staff members are busy figuring out how to best use this information. Much of the feedback is positive, and your staff appreciates your support. Among the survey’s findings, respondents have a strong track record of contacting their legislators during the session, and they also have a keen interest in visiting the State House, with especially strong interest in county teams (elected officials and key staff leaders) doing legislative work together. The new ACCA webinars proved popular, and several tips were offered to improve “action alert” emails. If you have further feedback, please email Sallie Gowan.

2 days left for Overview of County Government class
Wednesday is the last day to register for the County Government Education Institute’s Overview of County Government class, scheduled for June 19 and 20 in Prattville. This is a basic-level class for all certification programs, and county staff leaders who complete their certificates by August will be recognized at the ACCA Convention. Use the link above to register, or contact Brandy Perry if you need to verify how many credits you have earned.

Save $ on purchasing … for every county department
U.S. Communities is a purchasing alliance provided through NACo that allows counties to buy thousands of items — from maintenance and hardware supplies at Home Depot, to office supplies from Independent Stationers to auto parts from Carquest or public safety supplies from Safeware/Mallory – all without going through your own bidding process. This new U.S. Communities Flyer lists all the companies that are part of a new E-Commerce Marketplace that lets you shop from 28 vendors using a single “shopping cart.”

Congrats!
At its recent conference, the Association of County Administrators of Alabama named Coosa County’s Sherrie Kelley the Administrator of the Year and recognized Cleburne County with the Excellence in County Administration Award for a program called Creative Solutions Through Partnerships and Innovative Thinking.

Well done!
At its recent conference, the Association of County Engineers of Alabama named Butler County’s Dennis McCall the Engineer of the Year and recognized Coffee County with the John F. Courson Excellence in County Engineering Award for a project called Landfill Gas Collection and Carbon Credits.

ACCA will be open on Monday
Despite the state holiday, the ACCA office will open regular hours (8:30 a.m. to 4:30 p.m.) on Monday, June 3.

Many, many thanks to all the county leaders who worked with their hometown legislators to make sure they understand the county impact of their actions. Special thanks too to the members of the ACCA Board of Directors and Legislative Committee who spent the day – and much of the night – in the State House on Monday.

The detailed final legislative report will have to come later, because the governor has 10 days to sign measures that passed yesterday. In the meantime, here is a quick status update on ACCA priorities.

Local bills

The Senate alone gave final passage to more than 80 local bills yesterday. If you want to check on the status of local legislation affecting your county, follow these directions. If you are unsure about the information you find in the Legislature’s web database, please call the ACCA office at 334-263-7594 and ask for Sonny, Mary, Sallie or John.

Gone to the governor

3 ACCA bills won final passage last night and now await the governor’s signature:
►HB 47 by Rep. Steve Clouse/Sen. Jerry Fielding & Sen. Cam Ward – reforms process of redeeming property that is sold for unpaid taxes.
►HB 54 by Rep. Todd Greeson/Sen. Rusty Glover – allows re-dispensing of unused prescription drugs in county jails.
►HB 514 by Rep. Dexter Grimsley/Sen. Roger Bedford – allows money from the 4-cent gas tax to be used on certain right-of-way maintenance activities.

Danger Bills

►SB 237, which would have required “prompt payment” on government construction projects, died without coming up on the House floor.
►The bill establishing a new process for sealing court records, which would have increased county liability exposure, died without coming up on the House floor.
►SB 260, which sets up on statewide referendum on a $50 million bond issue for National Guard armories, passed without an ACCA-backed amendment to shield county income from the Alabama Trust Fund.

Get ready for next year

Two ACCA proposals died without action in the Senate yesterday. HB 603 would have saved $1 million in taxpayer dollars every election year by shifting publication of the voter list from newspapers to the web. HB 46 would have allowed a portion of a state income tax refund to be set off to cover a debt to county government.

Got your ATRIP applications ready?
Counties that are still competing for ATRIP dollars have just a few days left to finalize their project information for ALDOT. Applications for funding in the third and final round of ATRIP are due Friday, May 31.

Last chance
The Alabama Legislature will go home at midnight tonight, and that is also the deadline to speak up about how ACCA communicates with you during the session. Please take a couple minutes to complete this brief online survey – especially if you are a commissioner. And many thanks to those of you who have already completed the survey – your input is means a lot!

Check out Colbert
Colbert County has unveiled an impressive new web presence at www.colbertcounty.org The project is a joint venture between the county and students at the University of North Alabama. The Association has also provided web assistance to counties looking for a basic web identity. For more information, contact Sallie Gowan.

CDBG grant time
ADECA is opening up the process for the next round of Community Development Block Grants, with a deadline of Aug. 1. See this memo for details.

One important development this week is that Gov. Robert Bentley signed ACCA’s credit card bill into law. Act 2013-211, which was effectively immediately, allows counties greater but still limited use of credit, debit and procurement cards. Many thanks to Rep. Alan Harper and Sen. Jimmy Holley for their hard work on this legislation!

Despite the apparent calm, county leaders have been busy reaching out to legislators this week. If you haven’t talked to your senator or House member yet, there’s a little time left. Both chambers will go into session at 9 a.m. Monday, and lawmakers are expected to work until midnight.

IN THE SENATE (Senate roster)

These 5 bills are ready for final passage in the Senate, so please make sure each and every senator is ready to vote “yes” on these bills!

1. Income tax refund set off (HB 46 by Rep. Steve Clouse/Sen. Jerry Fielding)
►The bill would allow counties and cities to “set-off” a person’s state income tax refund in order to pay any judgments or other debts owed local governments.
►Similar measures have been extremely successful for counties in North and South Carolina.
►Many state agencies in Alabama already use this process.

 2. Redemption of property (HB 47 by Rep. Steve Clouse/Sen. Jerry Fielding)
►This measure reforms the use and distribution of the so-called “overbid” on tax sales for properties with unpaid property taxes.
►It would resolve many questions that exist for counties that hold and distribute the payments for these sales.
►Last year the Senate passed a similar bill that did not become law.

3. Reusing prescription drugs in county jails (HB 54 by Rep. Todd Greeson/Sen. Rusty Glover)
► When an inmate leaves a county jail today, all the inmate’s remaining county-purchased prescription drugs are destroyed.
► This legislation would allow for unused drugs to go back to the pharmacy and be repackaged for another inmate with the same prescription, resulting in cost savings for counties.
► A similar provision has been very successful in the state prison system. 

 4. Gas tax for vegetation management (HB 514 by Rep. Dexter Grimsley/Sen. Roger Bedford)
►This bill makes technical changes to the so-called 4-cent gasoline tax to allow proceeds to be used on right-of-way maintenance on county roads.
►This would eliminate red tape that exists under current law because 4-cent spending must be tracked separately from other gas taxes, which can be used on right-of-way upkeep.
►The state of the right of way is an important factor when road condition is rated, which is often a requirement for federal funds.

5. Publishing the voter list online (HB 603 by Rep. Howard Sanderford/Sen. Paul Sanford)
►The goal of this bill is to save $1 million taxpayer dollars per election cycle by lifting the requirement to publish a complete voter list in the newspaper and shifting the list to the web.
►Counties would be required to publish two half-page newspaper ads indicating: (1) where the voter list is available online, (2) how to get the voter list at the courthouse, and (3) a phone number for citizens who want to call and verify their registration.
►Alabama is the only state where the complete voter list must be published in a newspaper for state or county elections. Publication is not required for city elections.
►This bill makes no changes to compensation for probate judges or circuit clerks.

IN THE HOUSE (House roster)

In the Legislature’s lower chamber, the county “to-do” list for the last day is all defense.

Protecting county revenue (SB 260 by Sen. Tom Whatley/Rep. Mark Tuggle)
►The bill would let the state borrow money for improvements at Alabama National Guard armories, with the debt to be repaid from the Alabama Trust Fund.
►Counties get 10 percent of the Alabama Trust Fund’s interest income every year, and it would cost the trust fund $70 million to pay back the debt.
►Every dollar withdrawn reduces the fund’s power to earn interest – and cuts county funding forever.
►An amendment will be offered on the House floor that will protect county revenue WITHOUT CUTTING FUNDING TO THE ARMORIES.
►Urge your House members to SUPPORT the county amendment to SB 260. Without the amendment, ask them to oppose the bill.

Protecting grant projects from unreasonable “prompt pay” requirements (SB 237 by Sen. Del Marsh/Rep. Bill Roberts)
►This bill tightens existing timelines for payment on many public construction projects.
► The bill currently contains a critical provision to shield grant-funded projects from the payment clock until the county receives the grant money.
►Many times grants require the work to be completed before the money will be transferred to the county, so it works as a reimbursement.
► We expect an attempt on the House floor to strip this critical provision. Ask your House members NOT TO MAKE ANY CHANGES to SB 237 on the floor.

Attn: Commissioners – ACCA needs your help!

Though overall response has been good to ACCA’s online survey, we are short on input from commissioners. In fact, more than twice as many county staff members as commissioners have responded!

We want to know how well our legislative communication tools work for you — from email newsletters to bill tracking lists to webinars. Please take a couple minutes to answer this brief online survey.

Thank you for your time – your input will help us serve you better!

P.S. If you have already completed the survey, thanks!!!

How are we doing?
ACCA needs to hear from you! We want to know how well our legislative communication tools work for you, from email newsletters to bill tracking lists to webinars. Please take a couple minutes to answer this brief online survey. Thank you for your time – your input will help us serve you better!

Leading NACo, part I
Incoming NACo President Linda Langston has announced her appointment process and schedule for certain NACo committees.  This information and the application are available online at Presidential Appointment Application.

Leading NACo, part II
You’ve got almost a month to submit your application to serve on one of NACo’s 11 Steering Committees. To learn more about the work of specific steering committees, please visit this page on the NACo website. If you already serve on a committee and would like to be reappointed, you must apply for a new term. Please see this form for additional details, and contact Marcia Collier if you have questions.

Engineer earns national honor
Shelby County Engineer Randy Cole was recently named 2012 Urban County Engineer of the Year by the National Association of County Engineers. (See news coverage at this link) Congrats! 

Several positive things happened this week. ACCA House bills relating to publishing voter lists and using 4-cent gas tax money for right-of-way work moved through a Senate committee at their very last opportunity, keeping these proposals “alive” for the last day. In addition, two Danger bills that threatened to come up in the House yesterday were avoided, giving counties much-needed time to communicate with legislators on these two issues.

The session’s last day will be Monday, May 20, and both chambers will begin work at 9 a.m. And, as you will read below, county leaders have work to do with every single legislator to prepare for the day.

In the Senate, there are four ACCA bills awaiting final passage, which will compete with a crowded field of more than 100 local bills and countless other statewide bills for consideration on the Senate floor. At the same time, there is no reason to believe that the Senate’s minority caucus won’t continue to slow movement with varying stalling tactics.

Meanwhile, the House faces a relatively short “to do” list, meaning that the pair of Danger bills still pending will likely be considered on the floor. This makes your communication with House members even more important than ever. In the lower chamber, ACCA will be working to amend SB 260 to protect counties from the diversion of more than $70 million from the Alabama Trust Fund and to prevent changes to SB 237 that would require counties to pay on public work contracts within 45 days.

After communicating with your legislators, please share any feedback you get that might be useful to the ACCA staff. It is helpful to know a particular legislator’s position, whether the lawmaker is with us, against us or undecided.

Protecting county revenue
The biggest threat to counties that is still pending this session is SB 260 by Sen. Tom Whatley/Rep. Mark Tuggle. The bill would let the state borrow money for improvements at Alabama National Guard armories, with the debt to be repaid from the Alabama Trust Fund.

Counties get 10 percent of the Alabama Trust Fund’s interest income every year, and it would cost the trust fund $70 million to pay back the debt. Every dollar withdrawn reduces the fund’s power to earn interest – and cuts county funding forever.

An amendment will be offered on the House floor that will protect county revenue WITHOUT CUTTING FUNDING TO THE ARMORIES.

Urge your House members to SUPPORT the county amendment to SB 260. Without the amendment, ask them to oppose the bill.

Protecting grant projects from unreasonable prompt payment requirements

The “prompt pay” bill for construction projects (SB 237 by Sen. Del Marsh/Rep. Bill Roberts) is expected on the House floor on the last day as well, and there is evidence that counties have been contacting their House members on this measure. The bill currently contains a provision to shield grant-funded projects from the payment clock until the county receives the grant money. We expect an attempt on the House floor to strip this critical provision. Ask your House members NOT TO MAKE ANY CHANGES to SB 237 on the floor.

Ready for Senate floor action

These four ACCA bills are ready for floor debates in the Senate, so please make sure each and every senator is ready to vote “yes” on these bills!

►Income tax refund set off:  HB 46 by Rep. Steve Clouse would allow counties and cities to “set-off” a person’s state income tax refund in order to pay any judgments or other debts owed the local governments. Similar measures have been extremely successful in North and South Carolina. The measure is sponsored in the Senate by Sen. Jerry Fielding.

►Redemption of property: Passed by the Senate last session, this measure reforms the existing law regarding the use and distribution of the so-called “overbid” on tax sales for those properties involved in non-payment of ad valorem taxes. The legislation (HB 47 by Rep. Steve Clouse) would resolve many questions that exist for counties that must hold and distribute the payments for these sales. The measure is sponsored in the Senate by Sen. Cam Ward.

►Gas tax for vegetation management: HB 514 by Rep. Dexter Grimsley makes technical changes in the so-called 4-cent gasoline tax levy to allow proceeds to be used on right-of-way maintenance. The Senate sponsor is Sen. Roger Bedford.

►Publishing the voter list online: ACCA’s bill to save taxpayer dollars – both state and county – on elections (HB 603 by Rep. Sanderford) is downsized from proposals earlier in the year and only changes requirements for election-related newspaper advertising. The biggest savings – some $1 million statewide – would come from lifting the requirement to publish a complete voter list in the newspaper and shifting the list to the web. Sen. Paul Sanford is the Senate sponsor.

Guns

The House still has to agree to the compromise gun bill developed in conference committee (SB 286 by Sen. Scott Beason/Rep. Ed Henry), but the agreement is expected to hold. Many thanks to the conference committee members and others who worked to ensure county interests were protected! Among the key provisions:

1) It will be unlawful to carry a gun into a courthouse, a courthouse annex, a building where a district attorney’s office is located or a building where a county commission is currently meeting.

2) Sheriffs will retain some discretion on issuing pistol permits, though a new appeals process would be available for denials.

3) Pistol permits will be available for as long as five years at a time at the current per-year cost.

4) Though employees will be allowed to have a firearm in their private vehicles at work, there are many restrictions such as the firearm must be unloaded, kept out of sight and locked up.

Property tax homestead exemptions

The Senate still has to agree to the compromise developed in conference committee, but no further changes are expected to the bill to repeal last year’s fix for the homestead exemption for the disabled (HB 19  by Rep. Jack Williams). The conference committee stripped the ACCA-supported provision that would have reined in abuse of an exemption that was originally targeted for low-income disabled homeowners.  As expected to pass the Legislature, the exemption would continue to benefit those with home values as high as $7 million, homeowners who clearly have significant means.

How are we doing?

ACCA needs to hear from you! We want to know how well our legislative communication tools work for you, from these email newsletters to bill tracking lists to webinars. Please take a couple minutes to answer this brief online survey. Thank you for your time – your input will help us serve you better!