2011 Alabama House Bills

Greene Co., sheriff may operate jail store, distrib. for law enforcement purposes, audit, prior actions ratified and confirmed

Alabama A & M University, board of trustees, nominating committee established, development of training program, at-large appointment may be from outside of Alabama, powers expanded, Secs. 16-49-20, 16-49-21, 16-49-23 am'd.; Sec. 16-49-25 repealed (2011-20426)

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

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.

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)

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)

Finance Department, monthly financial reports regarding General Fund and Education Trust Fund, required, to be published on Finance Department's website

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duration of interests prior to vesting, Uniform Statutory Rule Against Perpetuities adopted, common law rule repealed, real and personal property to vest in 100 years, trust up to 360 years, Secs. 35-4A-421 to 35-4A-428, inclusive, added; Sec. 35-4-4 repealed

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

Marengo Co., probate court, property instruments, additional recording fee, use for probate office

Marengo Co., judge of probate, special court filing fee authorized

Alabama Athletic Commission, Sunset Law review, continued with modifications until October 1, 2013, amateur and professional mixed martial arts regulated, board members required to be citizens of this state, applicants for licensure required to be United States citizens or legally present in the United States, Secs. 41-9-1021, 41-9-1023, 41-9-1024, 41-9-1029, 41-9-1030 am'd., Secs. 41-9-90.1, 41-9-96, relating to State Athletic Commission, repealed; Act 2010-222, 2010 Reg. Sess. am'd. (2011-20581)

Sickle Cell Oversight and Regulatory Commission, Sunset Law review, continued until October 1, 2014

General Contractors, State Licensing Board for, Sunset Law review, continued with modifications, Secs. 34-8-2, 34-8-7, 34-8-28 am'd. (2011-20317)

Plumbers and Gas Fitters Examining Board, Sunset Law review, continued with modifications until October 1, 2012, plumbing work performed by property owner on own property exempt from board certification, Sec. 34-37-15 am'd. (2011-20187)

Prosthetists and Orthotists, State Board of, Sunset Law review, continued until October 1, 2014

Onsite Wastewater Board, Sunset Law review, continued with modifications, applicants for licensure required to be United States citizens or legally present in the United States, Sec. 34-21A-14 am'd.; Act 2010-258, 2010 Reg. Sess. am'd. (2011-20319)

Athlete Agents Commission, Sunset Law review, continued with modifications, applicants for registration required to be United States citizens or legally present in the United States, Sec. 8-26A-5 am'd. (2011-20320)

Historical Commission, Sunset Law review, continued

Landscape Architects, Alabama Board of Examiners of, Sunset Law review, continued with modifications until October 1, 2013, board members required to be citizens of this state; applicants for licensure required to be United States citizens or legally present in the United States, Secs. 34-17-2, 34-17-21 am'd. (2011-20321)

Engineers and Land Surveyors, State Board of Licensure for Professional, Sunset Law review, continued (2011-20680)

Architects, State Board for Registration of, Sunset Law review, continued (2011-20681)

Polygraph Examiners, Board of, Sunset Law review, continued with modifications, board authorized to establish the qualifications of consultants by rule, applicants for licensure required to be United States citizens or legally present in the United States, Sec. 34-25-4, 34-25-21 am'd. (2011-20324)

Occupational Therapy, Alabama State Board of, Sunset Law review, continued with modifications, board members required to be citizens of this state, applicants for licensure required to be United States citizens or legally present in the United States, Secs. 34-39-6, 34-39-8 am'd. (2011-20325)

Massage Therapy, Board of, Sunset Law review, continued with modifications to require representation on board from congressional districts and to delete requirement of accreditation by Education Department, Secs. 34-43-3, 34-43-6 am'd.

State Bar, Board of Examiners on Admission to the, Sunset Law review, continued with modifications, board members required to be citizens of this state, applicants for licensure to practice law in this state required to be a United States citizen or legally present in the United States, Secs. 34-3-2, 34-3-6 am'd. (2011-20327)

Athletic Trainers, Board of, Sunset Law review, continued with modifications until October 1, 2013, notice to licensees of meeting for election of new board members, clarification of expiration of licenses annually, Secs. 34-40-3, 34-40-8 am'd.

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.

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

Illegal immigrants, presence, employment, and benefits regulated, concealing, or protecting illegal aliens, prohibited, verification of legal status, penalties, Alabama Department of Homeland Security to establish E-Verify employer agent service, citizenship status of students required, eligibility and requirements for voter registration, certain business transactions prohibited, Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Sec. 32-6-9 am'd. (2011-21101)

Education Trust Fund, 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, Education Trust Fund Rolling Reserve Act, Sec. 40-1-32.1 repealed

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

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

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.

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

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.

Northport, alcoholic beverages, Sunday sales authorized under certain conditions, referendum

Daleville, alcoholic beverages, sale of draft or keg beer or malt beverages authorized, referendum

Ozark, alcoholic beverages, sale of draft or keg beer or malt beverages, authorized, referendum, Act 2008-423, 2008 Reg. Sess. repealed

Interstate Insurance Product Regulation Compact, adopted

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

District attorneys, investigators, appointment authorized, duties, powers and authority of other law enforcement officers

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.

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.

Environmental Management Department, civil penalties for violations, certain minimum penalties removed, Sec. 22-22A-5 am'd. (2011-20079)

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)

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.

Security Regulatory Board, Sunset Law review, continued with modifications, board members required to be citizens of this state, applicants for licensure required to be United States citizens or legally present in the United States, Secs. 34-27C-2, 34-27C-4 am'd. (2011-20329)

Education budget, appropriations for the support, maintenance, and development of public education

Hale Co., ad valorem tax, additional authorized, pursuant to Act 92-565, 1992 Reg. Sess., for new county jail, excess amount collected to be used for law enforcement purposes, continuation of tax collection, retroactive effect, const. amend.

Jefferson Co., county manager, county commission required to hire, employment in non-merit (at-will) position, qualifications, term, benefits, duties, filling vacancies, Act 2009-662, 2009 Reg. Sess.; Act 2009-812, 2009 1st Sp. Sess. am'd.

Jefferson Co., county employees, certain positions to be employees at-will, transfer from classified to unclassified, return of unclassified employee to classified service, compensation, benefits

Ad valorem tax, definition of residential property expanded to include single family dwellings and lots under construction, Sec. 40-8-1 am'd.

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

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.

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

Escambia Co., service of process, fee increased, distrib. for law enforcement purposes

Agricultural tourist attractions, to be defined by rule and approved by Agriculture and Industries Department, application and renewal fees, directional signs under certain conditions (2011-20698)

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

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

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.

Income tax credit authorized for employers creating jobs, under certain conditions, Full Employment Act, Secs. 40-18-270, 40-18-271, 40-18-272 repealed; Act 2010-557, 2010 Reg. Sess. repealed

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

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.

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

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

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

Foley, corp. limits alt.

Foley, corp. limits alt.

Jackson Co. and DeKalb Co., Industrial Development Authority, established to promote property near Northeast Alabama Community College, members, Act 2010-728, 2010 Reg. Sess. am'd.

Monroe Co., sheriff, service of process, fee, distrib. to county commission for law enforcement purposes

Monroe Co., county revenue commissioner, property tax paid through Internet, convenience fee per transaction authorized

Monroe Co., motor vehicles, license tag renewal paid through Internet or by mail, convenience fee or mailing fee per transaction authorized

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.

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.

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.

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)

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.

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

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.

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)

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.

Montgomery Co., board of education, members, elected for four-year terms of office, const. amend.

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.

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

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)

Dothan, ad valorem tax, increased, referendum, distrib. to city board of education and Houston-Love Memorial Library Board

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)

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)

Lyman Ward Military Academy, appropriation

Tuskegee University, appropriation

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.

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

Talladega College, appropriation

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)

Jasper, alcoholic beverages, draft or keg beer, sales authorized if approved by city council

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.

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.

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

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.

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

Madison Co., dogs, dangerous dogs in unincorporated areas of county, county commission by resolution may establish procedure for determining, dog required to be kept in fenced enclosure, civil penalties, const. amend.

Midfield, motor vehicles, automated traffic infraction device, use for red light enforcement authorized, procedures, posting of informational signs, civil fines, record keeping by Criminal Justice Information Center, appeals, tampering with photographic traffic signal enforcement system, prohibited, Midfield Red Light Safety Act

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

Dental Examiners of Alabama, Board of, dentists and dental hygienists, regulation and licensure, substantially revised, Sec. 34-9-7.2 added; Secs. 34-9-2, 34-9-3, 34-9-5, 34-9-6, 34-9-6.1, 34-9-7, 34-9-8, 34-9-9, 34-9-10, 34-9-13, 34-9-15, 34-9-15.1, 34-9-16, 34-9-18, 34-9-20, 34-9-21, 34-9-22, 34-9-24, 34-9-26, 34-9-27, 34-9-28, 34-9-40, 34-9-41, 34-9-43, 34-9-44, 34-9-60, 34-9-63, 34-9-82, 34-9-89 am'd. (2011-20608)

Shelby Co., property tax commissioner, business personal property tax, electronic filing of returns provided for

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.

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.

Athens, sale of draft or keg beer or malt beverages, authorized, city council to approve and regulate

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.

Colbert Co., solicitor's fee, levy continued pursuant to Sec. 12-19-182, Code of Alabama 1975, Act 2009-733, 2009 Reg. Sess. repealed; Sec. 45-17-80.03 repealed

Unemployment compensation, benefit period extended, Sec. 25-4-75 am'd.

Montgomery, motor vehicles, automated photographic speeding enforcement, authorized, procedures, posting of informational signs, adoption of municipal ordinances, civil fines, record keeping, municipal court jurisdiction, appeals, notice of violations, Montgomery Speed Limit Safety Act, Act 2009-740, 2009 Reg. Sess. am'd.

Agricultural Center Board, members revised, Garrett Coliseum Redevelopment Corporation, established, powers, duties, issuance of revenue bonds, designated use of proceeds, dissolution procedures, Sec. 2-6-1 am'd.; Secs. 2-6-20 to 2-6-38, inclusive, repealed (2011-21098)

Lawrence Co., sheriff, authorized to provide retiring officer with badge and pistol, retroactive effect

Winfield, city council authorized to establish a theater board for maintenance and operation of Pastime Theater, members, terms, duties, funding

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

Baldwin Co., county personnel merit system, appointment of budget director and communication and information systems director as contract employees, Sec. 45-2-120.12 am'd.

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

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.