2012 Alabama House Bills

Motor vehicles, text messaging or operating a handheld wireless telecommunication device while operating a motor vehicle on public street, road, or highway prohibited, penalties, law enforcement agencies to report statistical information to Public Safety Department

Firefighters, death or disability benefits for occupational diseases, established, special procedure for cancer, heart disease, hypertension, or respiratory disease

Persons covered by State Employees' Insurance Board (SEIB) killed in line of duty, surviving spouse and dependent authorized to continue insurance coverage paid from State Treasury (2012-20070)

Circuit courts, civil matters, presiding circuit judge may authorize certain hearings to be held by audio-video telecommunications, requirements

Consumer credit reports, security freezes, procedure for placing, removing, and temporarily lifting, fees, notice, fines

Motor vehicles, private high school driver education instructor certified by the Department of Public Safety, authorized to be third party testing agents for driver education students, Sec. 32-6-3 am'd.

Entertainment districts, Class 1, 2, 3, 4, and 5 municipalities authorized to establish, regulation of sale and consumption of alcoholic beverages, retail liquor license issued by Alcoholic Beverage Control Board

Aircraft, certain, any parts, components, and systems used in the conversion, reconfiguration, or maintenance of, exempt from sales tax, not applicable to local sales tax unless approved, Sec. 40-23-4 am'd.

United Ways of Alabama, authorized to participate in state health insurance coverage, Sec. 36-29-14 am'd.

Property owners, limited immunity from civil liability in defense of self, others, and property from person unlawfully on property and engaging in criminal conduct, exceptions

Morgan Co., license commissioner, boat registrations, collection of voluntary contribution for Morgan County Rescue Squad, Inc.

Washington Co., circuit clerk, expense allowance, Act 84-549, 1984 Reg. Sess. repealed

Funeral Service, Board of, to provide further for the requirement of a funeral director, Sec. 34-13-50 am'd

Contracts, payment of state contractors, state may not increase time for payment for completing work beyond 30 days, interest added to late payments, certification and proof of certification that state has funds available to pay contractors, attorney fees, costs and reasonable expenses recoverable, Secs. 39-2-12, 41-16-3 am'd.

Unemployment compensation, fraudulent misrepresentation claims, 52-week disqualification until overpayment paid in cash, federal and state income intercepts used to satisfy overpayment deemed cash payments, interest on unpaid overpayment balances, Sec. 25-4-145 am'd.

Victims of Crime and Leniency, Inc., (VOCAL) contributions, income tax refund check-off established, Sec. 40-18-140 am'd.

Stalking in the first and second degree, aggravated stalking in the first and second degree, crimes further provided for, Tracy's Law, Secs. 13A-6-90.1, 13A-6-91.1 added; Secs. 13A-6-90, 13A-6-91 am'd.

Stored wire and electronic communications, transactional location records, pen registers, and trap and trace devices, federal law to be followed regarding these devices, use of such devices authorized in emergency situations relating to missing persons

E-911 services, statewide board established to replace Commercial Radio Service Board, service charge, collect and deposited into E-911 fund and distribute to local E-911 district to implement enhanced E-911, procedures and requirements provided, Secs. 11-98-1, 11-98-2, 11-98-4, 11-98-5, 11-98-6, 11-98-7, 11-98-9 am'd; Secs. 11-98-4.1, 11-98-5.2, 11-98-5.3, 11-98-13, 11-98-13.1, 11-98-14, 11-98-15 added; Secs. 11-98-5.1, 11-98-7.1, 11-98-8 repealed (2012-20150)

Utility and other underground facilities, One-Call Notification System or Call Before You Dig, all underground facility operators required to be members, responsibility of operators conducting in-house program regarding notifications, further provided for, person further defined, Secs. 37-15-2, 37-15-5 am'd. (2012-20143)

Retirement accounts, Uniform Probate Code, Roth Individual Retirement Accounts, included as qualified trust for purposes of limitation on assignment and alienation, Sec. 19-3B-508 am'd.

Law enforcement officers, death and disability benefits for municipal police officers, state troopers and certain other state law enforcement officers, extended to all law enforcement officers, definition of occupational disease to include cancer, AIDS, and hepatitis, Secs. 36-30-20, 36-30-21, 36-30-22, 36-30-23 am'd.

Higher education, National Guard classified as residents for purposes of in-state tuition, Sec. 16-64-2 am'd.

Impersonating state or local official or law enforcement officer, false assertion of authority, acting as a judge or other official with authority to adjudicate disputes, and falsely asserting authority of law to intimidate, harass, threaten, or hinder a state or local official or law enforcement officer, crimes established, penalties, Sec. 13A-10-132 added

Juvenile court, jurisdiction relating to adoption, visitation, custody, child support, and spousal support, retention of jurisdiction and concurrent jurisdiction in certain circumstances, retroactive application, Secs. 12-15-115, 12-15-117, 38-10-7 am'd.

Alcoholic Beverage Control Board, prohibition against licensee, agent, or employee from being employed by another licensee, deleted, Sec. 28-3A-25 am'd.

Housing Trust Fund and Housing Trust Fund Advisory Committee, established to provide housing opportunities for low to moderate income households, members, duties, Economic and Community Affairs Department to administer, Affordable Housing Act

Insurance Department, insurance producers licensure further provided for, require licensees notification of changes in addresses, Secs. 27-7-1, 27-7-5, 27-7-14.1, 27-7-17, 27-7-37, 27-8A-1, 27-8A-6 am'd; 27-7-4.4, 27-22A-1 to 27-22A-7, inclusive, added; 27-7-20, 27-7-21 repealed

Homestead exemptions, process for claiming an exemption from ad valorem taxes due to age or disability clarifed, income eligibility increased, uniform procedure for applying for the exemption, Department of Revenue establish rules and procedures, Sec. 40-9-19, 40-9-21 am'd (2012-20073)

Unemployment compensation, benefits for active duty military dependent spouses who quit work in order to relocate due to spouse's change of station orders, activation orders, or unit deployment orders, authorized, Sec. 25-4-78 am'd.

State Parks, active or retired member of Armed Forces, free admission on state or federal holidays.

Montgomery Co., judge of probate, recording fee, use for improvement of record system, distrib. to Judge of Probate Fund, Act 591, 1965 Reg. Sess. repealed

Insurance, Unclaimed Life Insurance Benefits Act, death master file, notification to State Treasurer, submit unclaimed benefits or unclaimed retained asset account plus interest to State Treasurer

Fort Payne, corp. limits alt. to deannex certain property

Ethics, exempt public employees earning certain amounts from filing statement of economic interests and may accept gifts, Secs. 36-25-1, 36-25-14 am'd; Act 2010-764, 2010 First Special Session am'd (2012-20415)

Income tax credit for qualifying projects or new or expanding businesses creating new jobs, tax credits claimed authorized to be carried over up to four tax years, Sec. 40-18-194 am'd.

Taxation, existing tax incentives expanded to include coal mining industry companies, Secs. 40-9B-3, 40-18-190 am'd

Coal, excise tax and privilege tax, termination date extended, tax proceeds further distributed, Secs. 40-13-2, 40-13-6, 40-13-8 am'd.

Alabama Development Office and Director of Development changed to Commerce Department and Secretary of Commerce, assistant secretaries of commerce, employment of certain persons outside of Merit System, authorized, Secs. 41-9-201, 41-9-202, 41-9-202.1, 41-9-203, 41-9-204 am'd.

Veterans, additional tax credits for previously unemployed veterans who became employed or began a business, "Heroes for Hire " Act

Data processing centers and warehousing and storage facilities locating in Alabama, certain ad valorem tax and construction related transaction tax abatements authorized, requirements, Data Processing Center Economic Incentive Enhancement Act, Secs. 40-9B-3, 40-9B-4, 40-18-190, 40-18-193 am'd.

University of South Alabama, president authorized to employ police officers, duties

Physical therapists, referral by licensed health care providers, Sec. 34-24-210.1 added; Secs. 34-24-191, 34-24-217 am'd.

Board of Physical Therapy, impaired professional wellness committee and program created; executive director appointment, licensing in lieu of registration of physical therapists assistants, Secs. 34-24-191, 34-24-193, 34-24-194, 34-24-195, 34-24-210, 34-24-211, 34-24-212, 34-24-213, 34-24-217 am'd

Homeowners insurance, homeowner policyholders provided certain information and rights regarding homeowners policies, violations under Unfair Trade Practices Act, Homeowners Bill of Rights Act

Bar pilots, bond requirements, liability limited to $5,000 unless bar pilot grossly negligent, Sec. 33-4-40 am'd.

Dale Co., sheriff, pistol permit, fee, distrib., Act 85-608, 1985 Reg. Sess. repealed

Dale Co., sheriff, additional expense allowance and salary

Dale Co., sheriff, authorized to operate jail store, distrib. for law enforcement purposes, audit

Alabama Association of Volunteer Fire Departments, certain county volunteer fire associations, Alabama Association of Rescue Squads, Inc., member rescue squads, county volunteer rescue associations, and local fire districts, exempt from state, county, and municipal sales and use tax and ad valorem tax, exception

Volunteer fire departments or rescue squads, state, counties, municipalities, donation of property, disposal after donation further provided for, Sec. 9-3-18 am'd.

Alabama Association of Rescue Squads, contributions, income tax refund check-off

University of Montevallo, use of nonfederally granted lands for benefit of university, Sec. 16-54-17 am'd

Motor vehicles, Insurance, discount for seniors (55 and over) who complete motor vehicle accident prevention course, Sec 27-13-121 am'd

Telephone service, basic telephone service, defined to be consistent with federal regulation and include cell phone service, etc., obligation to provide service removed, exception for certain time, Secs. 37-2A-2, 37-2A-8 am'd

Limestone County (39th Judicial Circuit), pretrial diversion program, district attorney authorized to establish

Used motor vehicle dealer, licensing of, definition to include credit unions and licensees of State Banking Department, Sec. 40-12-390 am'd.

Madison County, (Twenty-Third Judicial Circuit) of Alabama, Pretrial Diversion Program, fees further provided for, Act 94-392, 1994 Reg. Sess., am'd

Trusts, Principal and Income Act, Uniform Law, amend to update, distribution of trusts further provided for, Sec. 19-3A-409, 19-3A-505 am'd; Sec. 19-3A-607 added

County jails, grand jury to review inspection reports, presentation of certain findings to county commission, sheriffs, and district attorney, Sec. 12-16-191 am'd (2012-20241)

Immigration law, provision barring unlawfully present aliens from attending a public postsecondary school clarified, crime of criminal harboring of unlawfully present alien modified to exclude rentals to aliens, crime of conspiracy to transport alien eliminated, bail for certain detained aliens allowed under certain circumstances, collection of information related to attempts to register to vote by noncitizens required, employment, use of valid driver's license or nondriver identification card to verify citizenship or lawful presence for employment eligibility, authorized; Act 2011-535, 2011 Reg. Sess., am'd; Secs. 31-13-8, 31-13-9, 31-13-13, 31-13-15, 31-13-18, 31-13-19, 31-13-26, 31-13-28, 31-13-29, 32-6-9 am'd; Secs. 31-13-5, 31-13-6, 31-13-10, 31-13-27 repealed

Mobile Co., dangerous dogs, procedures for declaring dog dangerous or a nuisance in unincorporated areas of county, registration requirement, penalties, Act 2008-127, 2008 Reg. Sess. repealed

Mobile Co., municipalities, contracting with sheriff for police services authorized, funding by municipality

Funerals, disrupting, crime further provided for, distance of protest from property line of funeral facility further provided for, Sec. 13A-11-17 am'd.

Industrial Development Authority, members, composition altered to include President Pro Tempore of Senate or designee and Speaker of the House or designee, Sec. 41-10-25 am'd.

Civil actions, obesity or weight gain, suits prohibited, limited exceptions, Commonsense Consumption Act

Alabama Marine Corps League exempt from state, county, and municipal sales and use tax

Employees' Retirement System, benefits, earnable compensation for determination to include overtime pay with limitation, Sec. 36-27-1 am'd.

Class 2 municipalities (Mobile), city council, vacancies filled by a special election, setting of date, Sec. 11-44C-22 am'd.

Taxation, state income tax credit for investments, businesses in impoverished and low income communities.

Crimes and Offenses, prisoners, prohibition against use of social networks

Dallas Co., alcoholic beverages, Sunday sales authorized under certain conditions, referendum

Licenses and licensing, Social Security number for license renewal repealed, Sec. 30-3-194 am'd

Legislature, basic compensation for members, median annual household income in Alabama, legislators submit signed vouchers for reimbursement, proposed const. amend.

Taxation, tobacco products, tax on cigar wrappers, require business license, monthly reports, penalties, Secs. 40-25B-1 to 40-25B-11, inclusive, added

Secondary metals recycler, additional records to be maintained, purchases of specified metal property limited, registration with ACJIC, required, database of metal property sales created, criminal penalties, purchase of specified metal property prohibited, Secs. 13A-8-30 to 13A-8-37, inclusive, 13A-8-39 am'd; Secs. 13A-8-31.1, 13A-8-31.2, 13A-8-35.1, 13A-8-37.1, 13A-8-37.2 added

Partnerships and limited liability companies, Subchapter K entities and Alabama S corporations, owners and resident beneficiaries of estates or trusts provided a proportionate tax credit for taxes paid to a foreign country, Secs. 40-18-14, 40-18-21 am'd. (2011-20801)

Sylacauga, corp. limits alt.

Talladega Co., sheriff, deputies with 10 years service, authorized to receive badge and commission card and pistol without cost

Insulin, insulin syringes, and related items to treat diabetes, exempt from state, county, and municipal sales and use tax, retroactive applications under certain conditions

Sports, local boards of education to develop policy regarding concussion, youth athlete with concussions or head injuries, participation in practice or athletic games prohibited for certain number of days, Act 2011-541, 2011 Reg. Sess., am'd; Sec. 22-11E-2 am'd

Prattville, corp. limits alt. to deannex certain property

Cullman Co., legislative authority to transfer sixteenth section lands and income to county board of education, const. amend.

Timber and forest products, crime of willful removal of timber and other forest products by deception, Class A misdemeanor, Sec. 9-13-60 am'd.

Insurance fraud, defined, investigations by Insurance Department, civil immunity for reporting fraud, Insurance Fraud Unit and fund created in Insurance Department, civil and criminal penalties, six year filing limit, Secs. 27-12A-1 to 27-12A-9, incl., 27-12A-20 to 27-12A-24, incl., 27-12A-40 to 27-12A-42, incl., added; Secs. 10A-20-6.16, 27-21A-23 am'd.

Alcoholic beverages, wine, bottle opened on premises of licensee, recorking or resealing, patron may transport in vehicle, not considered an open container, Sec. 28-3A-20.1 added

Taxation, income tax credit for purchase and installation of irrigation systems, water wells and reservoirs by agricultural entities

Drivers' licenses, veterans, eligible veteran to receive veteran's driver license, Sec. 32-6-1.2 added

Motor carrier transportation contracts, contracts by motor carriers and entities shipping may not limit liability for each party for their own negligence, exception, Sec. 37-3-23.1 added

Crime of Looting, established, penalties, violation would be Class C felony

Alabama Uniform Environmental Covenants Act, exempt underground and aboveground storage tanks storing motor fuel from requirements of, Sec. 35-19-2 am'd

Woodland, corp. limits alt., referendum

Class 3 municipalities, tax sale properties acquired from State Land Commissioner, procedure to quiet title in lieu of procedures in Title 40, Chapter 10, Code of Alabama 1975

Transportation Department, deputy directors, appointment by director of department with approval of Governor

Private corporations, railroads, canals, constitutional provisions in Article XII, Constitution of Alabama of 1901, amended and repealed, Sections 229, 240 (Recompiled Constitution of Alabama of 1901 as amended), am'd., Sections 230, 231, 232, 233, 234, 236, 237, 243, 244, 245, 246 (Recompiled Constitution of Alabama of 1901, as amended), repealed, const. amend.

Banks and banking, Section 247, (Recompiled Constitution of Alabama of 1901, as amended), am'd. to prohibit establishment of a bank except by general banking law, to provide for unlimited duration, to prohibit political subdivisions from owning stock or lending credit, and to provide for examination requirements; Sections 248, 249, 251, 252, 253, 254 (Recompiled Constitution of Alabama of 1901, as amended), repealed upon certain contingency, const. amend.

Corporations, Foreign, provided with same obligations, rights, and consequences as other foreign entities doing business unregistered, Sec. 10A-1-7.21 am'd; Secs. 10A-2-15.01, 10A-2-15.02 repealed

Foundation Program Fund, local boards of education authorized to establish local school calendar providing 180 instructional days for computation of benefits, Flexible School Calendar Act, Sec. 16-13-231 am'd.; Act 2011-235, 2011 Reg. Sess. am'd.

Code of Alabama 1975, Acts of 2010 First Special Session and 2011 Regular Session as contained in 2011 supplements and replacement volumes, codified with certain corrections, local laws of certain counties codified, duties of Secretary of State, Secs. 17-14-70, 22-9A-13 am'd

Methamphetamines, further regulation of the sale of ephedrine and pseudoephedrine products, licensed pharmacies solely authorized to sell, criminal penalties enhanced, membership of Alabama Drug Abuse Task Force revised, Alabama Criminal Justice Information Center to create an electronic drug offender tracking system, Secs. 13A-12-260, 20-2-190 am'd; Sec. 20-2-190.2 added

Severance tax on sand, gravel, etc., Revenue Department to provide county commissions with information regarding levy, collection, and distribution, audits authorized, civil penalties, counties authorized to collect, Secs. 40-13-51, 40-13-53, 40-13-54, 40-13-55, 40-13-56, 40-13-57, 40-13-58 am'd

Certificate of need application, fees, assessment of costs, direct appeals to Court of Civil Appeals, Secs. 22-21-265, 22-21-270, 22-21-271, 22-21-275 am'd (2012-20248R1)

Wilcox County, additional court costs assessed in circuit and district court, proceeds deposited in Circuit Clerk's Special Account

Landscape architects, registered landscape architects, licensing, examination, and education requirements, payment of annual license fee, date due and date of mailing of delinquency notice altered, Secs. 34-17-20, 34-17-21, 34-17-22, 34-17-24, 34-17-25 am'd.

Controlled substances, crime of possession of a controlled substance with intent to distribute, created, penalties, Sec. 13A-12-211 am'd (2012-20422)

Insurance, State Employees' Insurance Board to include one year of hazardous duty time for every five years as a correctional officer awarded to correctional officers under Employees' Retirement System and Teachers' Retirement System, Sec. 36-29-19.7 am'd; Act 2011-698, 2011 Regular Sesssion am'd (2012-20347)

Pharmacies and Pharmacists, pharmacy services defined and Board of Pharmacy authorized to provide for pharmacy services permit, Sec. 34-23-1, 34-23-30 am'd

Uniform Interstate Depositions and Discovery Act, allows litigants to depose individuals and conduct discovery in a state other than the trial state

Digital Crime Act, computer crimes, cyberstalking, electronic harassment, phishing, data fraud, and computer tampering, criminal penalties, jurisdiction for prosecution, forfeiture of equipment, Secs. 13A-8-100, 13A-8-101, 13A-8-102, 13A-8-103 repealed

Taxation, exemption from sales and use tax for metal sold for investment purposes, Secs. 40-23-4, 40-23-62 am'd (2012-20369)

Transportation Dept, chief engineer, appointment by Director of Transportation as an exempt position under the state Merit System, Sec. 23-1-22, 23-1-23, 23-1-24 am'd

Insurance, Alabama Life and Disability Insurance Guaranty Association scope and purpose, specify limits for certain policies, to conform Alabama law to model law, Secs. 27-44-2, 27-44-3, 27-44-5, 27-44-8, 27-44-9, 27-44-11, 27-44-18 am'd

Lawrence Co., municipality located entirely outside of Lawrence County prohibited from imposing municipal ordinance or regulation in its police jurisdiction located in Lawrence County, reglatory functions and police or fire protection services in its police jurisdiction prohibited, except public safety mutual aid, const. amend.

Insurance, residential roofing contract cancellation prior to midnight of 5th business day, exceptions

Public School and College Authorities, change baseline date, increase average salary, allow schools affected by closure of bases to receive proceeds from the authority, Secs. 16-16A-2, 16-16A-7, 16-16A-8 am'd

Military museum, Baldwin County designated as site for museum, Military Department authorized to cooperate with (2012-20417)

Colleges and Universities, new construction of building containing classrooms and dorm rooms at 2-year and 4-year institutions of higher education required to have Alabama Building Commission approved safe place

School Board Governance Improvement Act, to require public affirmation of board members to certain principles of educational governance, to require training and continuing education of city and county boards of education, Secs. 16-8-1, 16-11-2 am'd

General fund budget, appropriations for ordinary expenses of executive, legislative, and judicial departments

Taxation, sales and use tax "holiday," last weekend in April 2012 and last weekend in February thereafter; authorizing counties and cities to participate, items exempted from sales and use taxes

Wilcox Co., sheriff, additional expense allowance and salary

Environmental Management Department, entities requesting permit for processing or treatment of toxic substances or hazardous waste, performance bond required

Pickens County, court costs in criminal cases in district, circuit, and municipal court, drug enforcement fee increased, distribution, Act 2010-590, 2010 Reg. Sess., am'd

Counties, Twenty-fourth Judicial Circuit (Fayette, Lamar, and Pickens), investigators for district attorneys to receive badge and pistol at D.A.'s discretion and to be hired pursuant to general law, Act 88-324, 1988 Reg. Sess., repealed

Probation and parole, supervision fee raised, requirement that employer submit by fifth of month eliminated, Sec. 15-22-2 am'd

Tourism, limit the liability of an agritourism professional under certain circumstances

Insurance, title insurance agents, qualifications and procedures for licensing, written examination, continuing education requirements, Commissioner of Insurance promulgate rules, exceptions, Secs. 27-25-3, 27-25-4 am'd; Secs. 27-25-4.1, 27-25-4.2, 27-25-4.3, 27-25-4.4, 27-25-4.5, 27-25-4.6, 27-25-4.7, 27-25-4.8 added

Recreational park trailers, defined, construction standards, third party inspection required of manufacturer, inspection by manufacturer's association or third party inspection program, approval by State Fire Marshal

Jefferson County, Legislative Delegation Office, employees, participation in Retirement Systems of Alabama allowed, Merit System benefits and protections

Ethics, define the term de minimis, Sec. 36-25-1 am'd; Act 2010-764, 2010 First Sp. Sess., am'd

Gaylesville, corp. limits alt.

Cleburne Co., judge of probate, marriage licenses and petitions for adoption, additional fee, portion distrib. to county commission for Calhoun/Cleburne Children's Center

Cleburne Co., court costs, additional in domestic relations cases in circuit court, distrib. to circuit clerk and Calhoun/Cleburne Children's Center

Marengo Co., judge of probate, compensation determined based on population of county as provided by general law, Amendment 609 (Section 10, Local Amendments, Marengo County, Recompiled Constitution of Alabama of 1901, as amended), am'd., const. amend.

Lee Co., court costs, additional in circuit and district court cases, distrib. to circuit clerk and district attorney

Lincoln, corp. limits alt.

Marshall Co., Tennessee Valley Authority, additional payments in lieu of taxes, portion distrib. to local boards of education

Limestone Co., Tennessee Valley Authority, additional payments in-lieu-of-taxes, distrib. further provided for, Act 79-501, 1979 Reg. Sess. am'd. (2010-20886)

Counties required to pay cost of services provided by Department of Forensic Sciences

Abortions, ectopic pregnancies excluded from definition of "abortion" when used in Code of Alabama 1975 and the Alabama Administrative Code, certain requirements relating to probable post-fertilization age clarified

Class 6 municipalities (Auburn), overgrown grass and weeds, nuisance and abatement procedures provided, assessment of costs for abatement, notice, appeals process

Jefferson County, motor vehicle license plates, renewal, cities authorized to renew, bonding, audits