Final Report on the 2006 Regular Session
The Alabama Legislature completed its 2006 Regular Session on Monday, April 17. This
year, 1439 bills were introduced and 367 received final passage. By comparison, in 2005, 1237
bills were introduced and only 139 received final passage. In 2004, a total of 1397 bills were
introduced and 317 bills received final passage. In 2003, a total of 1322 bills were introduced of
which 268 received final passage. Both the general fund budget and the education budget
received final passage before the last day of the session.
It was a very good session for municipalities. In addition to League bills receiving final
passage, a number of other beneficial bills were also enacted.
Final Status of the League Legislative Package
Seven proposals in the League’s 2006 Legislative Package were enacted during this
session. The League bills that passed this session are:
Employees of Separately Incorporated Municipal Boards (HB156, Act 2006-548): This League
bill relates to municipalities; to specifically provide that employees of any separately incorporated
public corporation authorized to be created by a municipality are employees of that entity and not
employees of the municipality authorizing its creation.
Municipal Elections – Provisional Voting (HB479, Act 2006-281): To amend Sections 11-46-24,
11-46-28, 11-46-38, 11-46-46, 11-46-52, 11-46-55, 11-46-95, 11-46-123, 17-7-5.1, 17-9-33, 17-10-
12, 17-10A-2, and 17-11A-1, Code of Alabama 1975, relating to elections; to provide for provisional
voting; to provide further for information provided to voters; to provide further for the absentee
ballot process; to provide further for canvassing of votes; to provide that polling places located in
areas of the state operating on eastern time may open according to eastern time; and to repeal
Sections 11-46-41 and 17-10-22, Code of Alabama 1975.
Reverse Auction Bidding (SB89, Act 2006-107): To amend Sections 41-16-24, 41-16-27, and
41-16-54, Code of Alabama 1975, relating to the Competitive Bid Law, to provide that public
contracts for the purchase of goods or services may be entered into using a bidding process
known as reverse auction and to provide for certain exceptions and to provide for the length of
time certain contracts may be let.
Abandoned Motor Vehicles – Titles (SB373, Act 2006-414). To amend Sections 32-13-3, 32-13-
4, and 32-13-6, Code of Alabama 1975, relating to abandoned motor vehicles, to provide for
procedures related to the sale of abandoned motor vehicles; and to repeal Sections 12-19-76 and 32-
13-7, Code of Alabama 1975.
Absentee Balloting – Overseas & Military Personnel (SB529, Act 2006-354). Relating to
elections; to amend Sections 17-10-10, 17-10-23, 17-16-6, and 17-16-36, Code of Alabama 1975,
relating to absentee balloting; to provide procedures for overseas citizens and military personnel to
cast absentee ballots; and to amend Sections 11-43-44, 11-46-21, 11-46-55, and 17-10-12, Code of
Alabama 1975, as last amended by Act 2006-281 of the 2006 Regular Session, to provide for runoffs
in municipal elections to take place six weeks following the general municipal election and to
provide further that municipal officials elected at the regular municipal election pursuant to Section
11-46-21 shall assume the duties of their respective offices on the first Monday in November
following the election.
Appropriation for Wastewater Treatment SRF (SB75, Act 2006-335). Many years ago, the
Alabama Legislature established a State Revolving Loan Fund for Wastewater Treatment (SRF).
The purpose of the SRF was to take state funds and match them with federal dollars to create a
loan fund to offer low interest loans to governmental entities for wastewater treatment projects.
The General Fund Budget contained additional matching funds from the legislature to continue
Alabama’s nationally recognized Wastewater Treatment SRF program.
Appropriation for Drinking Water SRF (SB75, Act 2006-335). The Alabama Legislature
established Alabama Drinking Water Finance Authority for the purpose of taking state funds and
matching them with federal dollars to create a loan fund to offer low interest loans to
governmental entities for drinking water projects. This program is very similar to the
wastewater SRF discussed above. The League will seek funds from the legislature to match
federal dollars available for Alabama’s drinking water SRF program.
League bills that failed to pass this session included bills to clarify the voting powers of a
mayor in municipalities of less than 12,000 population, to authorize municipalities to pre-zone
territory proposed to be annexed, to authorize the mayor to appoint two alternates to the
municipal planning commission, to clarify the jurisdiction of a municipal planning commission,
to authorized additional expenditures from the corrections fund, to expand municipal authority to
apply building codes to state and local buildings, to allow collection of full local sales taxes on
sales made at state ABC stores, and to authorize municipal courts to assess the same maximum
fines as the state when such fines exceed the current limits. Many of the measures in the package
which failed to pass will likely be reintroduced in a future session.
The League wishes to thank the following persons for sponsoring League issues this
session: Representatives Steve McMillan, Bill Dukes, Ron Johnson, Warren Beck, Marcel
Black, Randy Wood, Jack Williams, Mike Ball, John Robinson, Richard Lindsey, Randy
Hinshaw, John Knight, and Senators Tommy Ed Roberts, Pat Lindsey, Zeb Little, Hari Ann
Smith, Jabo Waggoner, E.B. McClain, Larry Means, Bobby Denton, Bobby Singleton, Hinton
Mitchem, Wendell Mitchell, and Hap Myers.
Status of Dangerous Legislation
We are happy to report that no statewide legislation deemed dangerous to the interests of
our municipalities was enacted this session. A number of bills adverse to municipalities were
defeated this session including a proposed constitutional amendment to significantly erode
eminent domain powers. The legislature also failed to pass bills that would have:
limited municipal licenses on real estate firms
required municipalities to pay costs of housing juveniles in all instances where the
juvenile was convicted of violating a municipal ordinance
raised the population requirement to establish a municipal school system from 5,000
inhabitants to 15,000 inhabitants
stopped annual reappraisals of property for ad valorem tax purposes
required many municipalities to adopt a model statewide building code
proposed a constitutional amendment to provide for the process of initiative and
referendum at the state and local level
to prohibit all municipal ordinances relating to fertilizer
to exempt sales of food items from state sales and use tax
General Bills of Interest to Municipalities that Passed
Presidential Preferential Primary Date Altered (HB51, Act 2006-634 ): To amend Sections 17-
16-1, 17-16-6, 17-16A-1, and 17-16A-3, Code of Alabama 1975, relating to the presidential
preference primary election; to change the date of the presidential preference primary election to the
first Tuesday in February beginning in the year 2008; to include the separate and special presidential
preference primary election in the definition of primary election; and to change the qualification date
to coincide with the change of primary date.
Alabama Law Institute Training for Public Officials (HB72, Act 2006-532): Relating to the
Alabama Law Institute; to amend Section 29-8-4 of the Code of Alabama 1975, to expressly provide
that its duties include conducting periodic training and continuing education programs for public
officials, including providing educational material.
Cost of Juveniles in County Facility for Municipal Ordinance Violation (HB73, Act 2006-533):
To amend Section 12-15-10, Code of Alabama 1975, relating to juveniles; to provide for a
municipality to be responsible for the expenses of maintenance and care of any juvenile placed in a
facility utilized by the county for housing juveniles for violations of a municipal ordinance that is
not based on a state criminal statute adopted by the municipality as a municipal ordinance.
LRS Notification of Municipal Annexations or Deannexations (HB74, Act 2006-249): To require
that municipalities notify the Legislative Reapportionment Office of any annexation or deannexation
of property to or from the corporate limits of the municipality.
Solid Waste Disposal Plans – Approval Process (HB75, Act 2006-534): To amend Section 22-27-
48, Code of Alabama 1975, relating to local governmental approval of solid waste disposal sites; to
provide for certain local application and renewal fees and to further provide for the exemption for
certain industrial landfills.
Voter Registration List (HB81, Act 2006-537): To amend Section 17-4-129, Code of Alabama
1975, relating to the publishing of voter registration lists, to provide further for the method of
publication.
State Election Laws Revision (HB100, Act 2006-570): This bill would make substantial revisions
to Title 17 of the Code of Alabama 1975, which contains the provisions of law generally relating to
the conduct of elections. The bill would repeal obsolete provisions; revise, reorder, and recast other
provisions to make nonsubstantive technical changes; add provisions currently contained in
administrative rules; and make other changes in other provisions to reflect judicial decisions and
interpretations.
Employment Security Enhancement Fund (HB105, Act 2006-519): To amend Sections 25-4-40.1
and 25-4-54, Code of Alabama 1975, as amended by Act No. 2004-110, HB166, 2004 Regular
Session, relating to the expiration date of the special assessment used to fund the Employment
Security Enhancement Fund, to extend the expiration date of the special assessment to March 31,
2008.
Emergency Management & Preparedness (HB107, Act 2006-522): To amend Sections 31-9-3,
31-9-4, 31-9-8, and 31-9-10, Code of Alabama 1975, relating to state emergencies and the
Emergency Management Agency; to provide for the Governor's authority to proclaim an emergency;
to expand the authority of state and local responders regarding emergency preparedness and
response; to establish degrees of emergency classifications; and to further provide for the powers of
political subdivisions with respect to emergency management.
Increase Maximum State Fines for Felonies, Misdemeanors & Violations (HB118, Act 2006-
197): To amend Sections 13A-5-11 and 13A-5-12 of the Code of Alabama 1975, to increase the
maximum amount of fines authorized to be assessed upon conviction for a felony, misdemeanor, or
violation.
Time-off to Vote (HB141, Act 2006-545): To provide that each employee in the state shall be
permitted to take any necessary time off to vote in any election.
Execution of Warrants in Another County (HB145, Act 2006-547): Relating to the execution
of warrants or writs of arrest; to amend Section 15-10-10, Code of Alabama 1975, to provide that
an arrest warrant from another county may be executed by any law enforcement officer in this
state; and to repeal Section 15-10-13, Code of Alabama 1975, relating to the endorsement of
warrants by judges or magistrates in another county.
Electronic Traffic Tickets (HB146, Act 2006-579): Relating to the issuance of a complaint and
summons or notice to appear for persons arrested for misdemeanor traffic violations; to amend
Sections 12-12-53, 12-12-54, 12-14-51, and 32-1-4, Code of Alabama 1975, to provide for the
establishment, definition of, and use of an electronic traffic ticket (e-ticket).
Trucks Registered Under IRP – Tag & Registration Fees (HB154, Act 2006-276): Relating
to motor vehicles; to amend Sections 32-6-62, 40-12-248, and 40-12-252 of the Code of
Alabama 1975; to authorize the issuance of multi-year truck and truck tractor license plates for
vehicles registered under the International Registration Plan; to authorize permanent trailer
license plates upon payment of a one-time fee per license plate issued; to increase the
registration fees for any truck or truck tractor with gross weights exceeding a certain weight; to
provide penalties for violations.
Extending Termination Date of Coal Tax (HB172, Act 2006-386): To amend Sections 40-13-
6 and 40-13-8, Code of Alabama 1975; to provide that the excise and privilege tax on coal shall
terminate on October 1, 2011, unless extended by the Legislature of the State of Alabama; and
provide further for the distribution of tax receipts.
Tax Returns – Confidentiality of Information (HB184, Act 2006-577): To amend Section 40-2A-
10, Code of Alabama 1975, relating to the confidentiality, disclosure, and exchange of tax returns
and tax information, to clarify the law concerning the maintenance of taxpayer confidentiality and
compliance by counties and municipalities.
Tax Abatements – Private Use Industrial Property (HB185, Act 2006-578): To amend Section
40-9B-5, Code of Alabama 1975, relating to certain tax abatements, to provide that tax abatements
for private use industrial property shall not be valid for 13 days following mailing of appropriate
notification to the county commission of the county in which the property is located and to clarify
the effective date of the abatements.
Validation of School Elections (HB207, Act 2006-516): To amend Section 16-13-190, Code of
Alabama 1975, relating to the ratification of certain elections held for school purposes, to include
certain previously held municipal elections which were irregular.
Distinctive License Plates for Firefighters (HB209, Act 2006-422): To amend Section 32-6-
272 of the Code of Alabama 1975, relating to distinctive license plates for firefighters; to allow
firefighters to present proof of their membership to the judge of probate or the license issuing
official; to provide for penalties.
Licensing and Registration of Pick-up Trucks (HB222, Act 2006-356): Relating to motor
vehicles; to amend Section 40-12-248 of the Code of Alabama 1975, relating to the licensing and
registration of trucks and truck tractors, to provide for the licensing and registration of pick-up
trucks which are used for personal or agricultural use without regard to the heaviest load to be
carried including the heaviest load carried in combination on any trailer.
Sales Tax Holiday (HB228, Act 2006-574): To exempt certain covered items from the state sales
and use tax during the first full weekend in August of each year, authorize any county or city to
exempt certain covered items from local sales and use taxes, and prohibit a county or municipality
from providing for a sales and use tax exemption during any period other than the first full weekend
in August.
TVA In-lieu-of-tax Payments (HB231, Act 2006-655): To amend Section 40-28-2, Code of
Alabama 1975, relating to the distribution of in-lieu-of-taxes payments made by the Tennessee
Valley Authority, to provide for the redistribution of the payments.
Obstruction of Volunteer Firefighters (HB247, Act 2006-423): To amend Section 13A-10-1,
Code of Alabama 1975, relating to the definitions for criminal offenses relating to the
obstruction of public administration; to include volunteer firefighters in the definition of
"firemen" and the fire control activities of volunteer fire departments in the definition of
"governmental function" in order to prohibit certain actions obstructing volunteer firefighters
and volunteer fire departments and provide penalties.
Electronic Funds Transfers – Threshold Lowered (HB249, Act 2006-552): To amend Section 41-
1-20, Code of Alabama 1975, to lower the electronic funds transfer threshold for use in making
payments of taxes, fees, and other obligations collected from certain business entities by the
Department of Revenue, to include local government taxes and fees collected or administered by the
department.
Animal Sterilization (HB252, Act 2006-627): Relating to animals; to provide for the sterilization of
certain dogs and cats and penalties for violations.
Issuance of Drivers Licenses, Learners Licenses and Nondriver ID Cards (HB260, Act 2006-
554): To amend Sections 32-6-3, 32-6-4, 32-6-4.1, 32-6-5, and 32-6-8 of the Code of Alabama 1975,
to provide for the issuance of initial driver's licenses, learner's licenses, and nondriver identification
cards by a driver's license office of the Department of Public Safety; and to provide for distribution
of the fees.
Education Budget (HB272, Act 2006-282): To make appropriations for the support,
maintenance and development of public education in Alabama, for debt service, and for capital
outlay for the fiscal year ending September 30, 2007.
Home Builders Licensure Board (HB280, Act 2006-105): To amend Sections 34-14A-2, 34-
14A-4, 34-14A-5, 34-14A-6, 34-14A-7, 34-14A-8, 34-14A-12, 34-14A-14, and 34-14A-15,
Code of Alabama 1975, to repeal Section 34-14A-16, Code of Alabama 1975, and to add
Sections 34-14A-8.1 and 34-14A-18 to the Code of Alabama 1975, relating to the home building
profession, to provide further for the duties and responsibilities of the Home Builders Licensure
Board, the fees for licensure, remove certain exemptions from the licensure requirements, and
establish the property acquisition fund.
Uniform Residential Landlord and Tenant Act (HB287, Act 2006-316): Adopting the
Uniform Residential Landlord and Tenant Act; regulating landlord-tenant relationships under
residential rental agreements; providing for general provisions and definitions; landlord
obligations; tenant obligations; remedies; and prohibitions against retaliatory conduct; amending
Section 6-6-350 of the Code of Alabama 1975, relating to appeals from district court to circuit
court and Section 35-9-60 of the Code of Alabama 1975, relating to liens for the rent of
buildings, to remove references to dwelling houses; repealing Section 35-9-4, Code of Alabama
1975, relating to the hiring of lodging for an indefinite term and Article 3, commencing with
Section 35-9-80, of Chapter 9 of Title 35, Code of Alabama 1975, relating to possession
wrongfully withheld and specifying a prospective effective date.
Workers Compensation – Structured Settlements (HB288, Act 2006-628): Relating to transfers
of structured settlement payment rights; to provide definitions of terms used in this act, including a
definition of the term "structured settlement" that excludes workers' compensation settlements; to
provide for required disclosures to the payee; to require a disclosure statement be provided to the
payee by the transferee not less than three days prior to the date on which a payee signs a transfer
agreement; to prescribe the style of and what shall be set forth in the disclosure statement from the
transferee to the payee; to provide that the payee has the right to cancel the transfer agreement
within three business days after the date the agreement was signed; to provide for the approval of
transfers of structured settlement payment rights; to require advance authorization by a court or
administrative authority based on express findings made after a factual hearing by the court or
administrative authority in order for a transfer of structured settlement payment rights to be
effective; to prescribe the express findings on which the court or administrative authority shall base
the advance authorization; to provide for the effects of transfer of structured settlement payment
rights; to provide that the structured settlement obligor and the annuity issuer have no liability for
the transferred payments as to all parties except the transferee; to provide the circumstances when
the transferee will be liable to the structured settlement obligor and the annuity issuer; to provide
that the structured settlement obligor and the annuity issuer may not be required to divide periodic
payments between the payee and transferee; to prescribe the procedure for approval of transfers of
structured settlement payment rights; to provide where an application for approval of a transfer of
structured settlement payment rights may be brought; to require the transferee to file with the court
or administrative authority and serve all interested parties with a notice of the proposed transfer and
application not less than 20 days prior to the hearing; to provide what shall be set forth and provided
with the notice; to provide that the provisions of this act may not be waived by a payee; to provide
that a transfer agreement entered into on or after the effective date of this act by a payee who resides
in this state shall provide that disputes under the transfer agreement shall be governed by the laws of
this state; to provide the procedures the transferee shall establish and maintain to allow payments of
structured settlement payment rights that are life-contingent; to protect a payee from liability to a
proposed transferee or assignee based on any failure of the transfer to satisfy the conditions of this
act; to prohibit transfers in contravention of any law; to not imply that any transfer under a transfer
agreement prior to the effective date of this act is valid or invalid; to provide that certain compliance
requirements and the fulfillment of certain conditions in this act are the responsibility of the
transferee and not the structured settlement obligor or the annuity issuer; to provide that nothing in
the act shall require or allow the disclosure of the terms of a confidential settlement; and to provide
for an effective date of this act.
Sales & Lease Taxes – Sales or Leases to State Agencies (HB321, Act 2006-557): To add a new
Section 41-4-116 to the Code of Alabama 1975, to provide that vendors or contractors and each
affiliate selling or leasing tangible personal property to a state agency shall be subject to state and
local taxation on its sales or leases into the state.
Peace Officer/Firefighter Death Benefits – Exempt from State Income Tax (HB323, Act
2006-424): To exempt certain death benefit payments received by the designated beneficiary of
a peace officer or fireman killed in the line of duty from state income tax.
Airport Authorities (HB330, Act 2006-558): To amend Section 4-3-45, Code of Alabama 1975,
relating to the boards of directors of airport authorities, to provide that directors shall be
compensated in an amount authorized by the bylaws, that directors shall serve until their successors
are appointed and qualified, and that directors, officers, and employees of the authority are not
personally liable for debts, obligations, or liabilities of the authority.
Scrap Tires (HB346, Act 2006-559): To amend Sections 22-40A-3, 22-40A-6, 22-40A-7, 22-40A-
8, 22-40A-9, 22-40A-11, 22-40A-14, 22-40A-15, 22-40A-18, and 22-40A-21, Code of Alabama
1975, relating to the regulation of the receiving, transportation, and processing of scrap tires; to
provide further for exemptions for Class 2 receivers; to further regulate transporters and processors;
to require manifests to accompany scrap tire hauling; to allow ADEM to further grant variances or
provide additional requirements; to allow information sharing between the Department of Insurance;
to clarify a reference to the ADEM director; to further penalize violators of processors and violators
of ADEM compliance orders.
Reinstatement of a Motor Vehicle Registration (HB365, Act 2006-221): To amend Section
32-7A-9, Code of Alabama 1975, relating to the fees for reinstatement of a motor vehicle
registration that has been suspended, to provide further for the payment of the fees to the
Department of Revenue or the county in which the license plate was issued.
UC Benefit (HB369, Act 2006-521): To amend Section 25-4-72, Code of Alabama 1975, as
amended by Act 2004-111, relating to unemployment compensation weekly benefits, to increase the
maximum unemployment benefits by $10 per week for benefit years which begin on or after July 2,
2006, and to increase the maximum unemployment benefits by an additional $5 per week for benefit
years which begin on or after July 1, 2007.
ADECA – Disposal of Surplus Property (HB374, Act 2006-562): To amend Sections 41-16-120
and 41-16-123, Code of Alabama 1975, relating to the disposal of surplus property by the Alabama
Department of Economic and Community Affairs, providing for electronic or print publication,
providing for payment plans, clarifying the removal time for property, and allowing for an increase
in administrative fees.
Charitable Purposes Relief Act of 2006 (HB397, Act 2006-583): To create the Inventory
Reduction for Charitable Purposes Relief Act of 2006; to amend Section 40-23-1, Code of Alabama
1975, relating to the state sales tax, to provide that a gift by a retailer of a product or products where
the aggregate retail value of any single gift is equal to or less than ten thousand dollars ($10,000),
withdrawn from the retailer's inventory, to a qualified charitable entity is not a sale and is not subject
to the state sales tax.
Auto Insurance – Volunteer Firefighters, Rescue Squad Members or EMS Personnel
(HB408, Act 2006-425): To amend Section 27-1-23, Code of Alabama 1975, which prohibits an
automobile insurance carrier of a full-time law enforcement officer or firefighter from
considering motor vehicle accidents that occur while they are in the performance of their duties,
to further provide that the law would apply to members of a volunteer fire department or
volunteer rescue squad or volunteer emergency medical service.
Peace Officer & Firefighter Benefits (HB409, Act 2006-426): To amend Sections 36-30-1 and
36-30-2, Code of Alabama 1975, relating to death and disability benefits for certain peace
officers and firefighters; to provide further for benefits for certain illnesses resulting in death.
Arson – Death of Firefighter or Peace Officer (HB413, Act 2006-427): To amend Section
13A-6-2 of the Code of Alabama 1975, relating to the crime of murder, to include the death of a
firefighter or other public safety officer who dies while performing his or her duty as a
consequence of the crime of arson.
Volunteer Firefighters – Termination from Regular Employment (HB437, Act 2006-428):
To prohibit an employer from terminating an employee who is a volunteer firefighter or
emergency medical services provider who responds to an emergency which results in loss of
work; to provide for reinstatement after termination; to provide for a statute of limitations for
commencing an action; and to provide for venue of the action.
Peace Officer & Firefighter Death Benefits (HB447, Act 2006-429): To amend Section 36-
30-2, Code of Alabama 1975, to provide further for the amount of compensation for
compensable deaths of peace officers, firefighters, or certain volunteer firefighters.
Public Employees' Defined Contribution Savings Plan (HB449, Act 2006-625): To amend
Sections 36-27C-4 and 36-27C-7, Code of Alabama 1975, relating to the Public Employees' Defined
Contribution Savings Plan, to allow the board of control to establish an interest bearing account for
employer contributions and to revise the allocation formula for contribution of the employer match.
Alarm System Licensure – Locksmiths (HB537, Act 2006-541): To amend Sections 34-1A-1, 34-
1A-2, and 34-1A-3, as amended by Act 2004-103, 2004 Regular Session (Acts 2004, p. 137), and
Section 34-1A-6, Code of Alabama 1975, relating to alarm system Licensure.
Tax Exemption – Private School Athletic Events (HB564, Act 2006-602): To amend Section 40-
23-2, Code of Alabama 1975, as amended by Act 2004-638, 2004 Regular Session (Acts 2004, p.
1461), relating to exemptions from the state sales tax, to provide that athletic events held by
nonpublic schools would be exempt from the state sales tax and to remove the tax exemption for the
Alabama High School Athletic Association.
Motor Bus License and Registration (HB566, Act 2006-632): Relating to motor bus passenger
carrier vehicles; to exempt any motor bus passenger carrier vehicle registered in this state from the
payment of state, county, municipal or other local ad valorem taxes; and to establish a special motor
bus passenger carrier business operating license.
Pardons (HB592, Act 2006-544): Relating to pardons; to provide that a person convicted of
violating a state law or municipal ordinance whose purpose was to maintain or enforce racial
segregation or discrimination would be granted a pardon of the conviction upon application; and to
provide for a hearing if the state objects to the granting of the pardon; to provide for expungement of
the record of conviction; to provide for transfer of the record of conviction to the Alabama
Department of Archives and History; and to provide for access to the record of convictions.
Eminent Domain (HB654, Act 2006-584): To amend Section 24-2-2, Code of Alabama 1975,
relating to redevelopment projects of municipalities; and to amend Section 24-3-2, Code of
Alabama 1975, relating to urban renewal projects; to further provide for the definition of
blighted property and blighted areas and to limit the exercise of the power of eminent domain to
blighted property for the purposes of these statutes.
Municipal Business License Reform (HB754, Act 2006-586): To amend Sections 6-2-35, 11-51-90
to 11-51-93, inclusive, and 11-51-95, 11-51-122, 11-51-150 to 11-51-155, inclusive, Code of
Alabama 1975, to add Sections 11-51-90A, 11-51-90B, 11-51-186, 11-51-187, 11-51-188, 11-51-
189, 11-51-190, 11-51-191, 11-51-192, 11-51-193, 11-51-194, 11-51-195 and 11-51-196; to provide
a statewide uniform system for the issuance and calculation of the cost of municipal business
licenses; to promulgate a common business license application form for use by all municipalities; to
provide a uniform definition of "gross receipts" and "delivery license"; to provide for a uniform
system for the municipal business license audit process and the taxpayer's appeal of municipal
business license assessments and for the filing of claims for and payment of refunds; to provide
uniform statutes of limitation for assessments and refunds that substantially conform with their
counterparts for municipal sales and use taxes; to allow municipalities to lawfully exchange tax
information related to business license taxpayers; and to provide delayed effective dates and
transition rules.
School Boards – Joint Purchasing (HB817, Act 2006-621): To amend Section 41-16-50, Code of
Alabama 1975, relating to competitive bids, to authorize two or more city or county boards of
education that are not adjoining to enter into joint purchasing agreements subject to the competitive
bid law.
Commercial Drivers License Holders – Charged with Traffic Violation (HB824, Act 2006-
622): To provide that a holder of a commercial driver's license, the operator of a commercial
motor vehicle, or a commercial driver learner permit holder who is charged with a violation of a
traffic law in this state would not be eligible for a deferred prosecution program, diversion
program, or any deferred imposition of judgment program.
Code Update (SB53, Act 2006-291): To adopt and incorporate into the Code of Alabama 1975,
those general and permanent laws of the state enacted during the 2003 Second Special Session
and the 2004 Regular Session as contained in the 2004 Cumulative Supplement to certain
volumes of the code and the 2004 First Special Session, the 2005 Regular Session, and the 2005
First Special Session as contained in the 2005 Cumulative Supplement and 2005 Replacement
Volume to certain volumes of the code; to specify that this adoption and incorporation constitute
a continuous systematic codification of the entire Code of Alabama 1975 and that this act is a
law that adopts a code; to declare that the Code Publisher has certified it has discharged its duties
regarding the replacement volume; to expressly provide that this act does not affect any 2006
session statutes; and to specify the duties of the Secretary of State regarding the custody of these
cumulative supplements and replacement volume.
County Subdivision Regulations (SB61, Act 2006-227): To amend Sections 11-24-2 and 11-24-3,
Code of Alabama 1975, relating to county subdivision regulations and the approval of plats by the
county commission; to further provide for the enforcement of violations; to further provide for
notices required under the law; to provide for a permit to develop subdivisions; and to provide a
cause of action by the county commission to compel repairs by the owner or developer of a
subdivision.
General Fund Budget (SB75, Act 2006-335): To make appropriations for the ordinary
expenses of the executive, legislative and judicial agencies of the State, for other functions of
government, for debt service, and for capital outlay for the fiscal year ending September 30,
2007.
Regional Jail Authority (SB83, Act 2006-185): To allow two or more municipalities to establish a
regional jail authority to maintain and operate a regional jail facility, which would serve as the
municipal jail for each municipality participating in the regional jail authority; and to provide for the
composition, terms, and powers of the board of directors of the regional jail authority, including the
issuance of bonds by the authority.
Energy Cost Savings Contracts (SB86, Act 2006-93): To amend Section 41-16-143 of the Code of
Alabama 1975, authorizing governmental units to enter into guaranteed energy cost savings
contracts, to further provide for the time over which the contracts may be required to guarantee that
the cost savings measures from the contracts will exceed the cost of the contracts and the time period
over which payments may be made under the contracts.
Water and Sewer Systems – Voluntary Checkoff for Volunteer Fire Departments (SB91,
Act 2006-203): Relating to county water systems incorporated pursuant to Chapter 88 or other
portions of Title 11, Code of Alabama 1975, and municipal water systems incorporated pursuant
to Chapter 50 or other portions of Title 11, Code of Alabama 1975; to authorize such systems to
solicit their customers, through their periodic billings, for voluntary contributions for local
volunteer fire departments; to require prior authorization of the board of directors to participate;
to provide for the distributions of such contributions; and to require volunteer fire departments to
provide monthly estimates of water used to the water system providing water.
Municipal and County Housing Authority Bonds (SB146, Act 2006-188): Relating to municipal
and county housing authorities; to amend Sections 24-1-32 and 24-1-71, Code of Alabama 1975, to
authorize municipal and county housing authorities to sell bonds at a private sale to a government
sponsored enterprise.
Compensation of Supernumerary Tax Officials (SB191, Act 2006-108): To amend Section 40-6-
3, Code of Alabama 1975, relating to the compensation of supernumerary ad valorem tax officials, to
provide for future cost-of-living increases in compensation equal to and on the same terms and
conditions as increases in compensation of other county retirees, when granted by the county
commissions.
Competitive Bids – National Cooperative Bidding Program (SB193, Act 2006-279): To
amend Sections 16-51, as amended by Act No. 2004-487, 2004 Regular Session, and 41-16-54,
Code of Alabama 1975, pertaining to the competitive bidding on public contracts; to exempt
purchases of goods available to a county commission as a result of competitive bidding by a
national cooperative bidding program; to provide further for notification of proposed purchases.
Court Ordered Methods of Election (SB219, Act 2006-252): To require that the method of
election and the number to be elected ordered by a federal court be retained by the boards of
education, county commissions, and municipal governing bodies until such time as changes may
be made in accordance with general or local law.
DUI – Prior Convictions in Other States (SB230, Act 2006-298): To amend Section 32-5A-
191, Code of Alabama 1975, relating to driving while under the influence of alcohol or a
controlled substance; to provide that a prior conviction for driving under the influence of alcohol
or drugs from this state, a municipality within this state, or another state or territory or a
municipality of another state or territory could be considered by a court for enhancement of the
sentence of a person who is convicted for driving under the influence.
State Employees – Cost-of-Living Increase (SB250, Act 2006-421): To provide for a five
percent cost-of-living salary increase for certain state employees for the fiscal year beginning
October 1, 2006.
Duties of Municipal Court Magistrates (SB279, Act 2006-412): To amend Section 12-14-51,
Code of Alabama 1975, to expand the duties of municipal court magistrates under certain
conditions.
ERS – Cost-of-living Increase (SB284, Act 2006-510): To provide for a cost-of-living increase
to certain retirees and beneficiaries of the Employees' Retirement System.
Terrorism – Endangering Food and Water Supply (SB308, Act 2006-508): To create the
crime of endangering the food supply and endangering the water supply; to provide penalties; to
amend Section 13A-10-151, Code of Alabama 1975, to make endangering the food supply and
endangering the water supply specified offenses.
Utility Taxes – Telephone and Telegraph Companies (SB316, Act 2006-292): To amend
Sections 40-21-80, 40-21-82, 40-21-100, and 40-21-102, Code of Alabama 1975, relating to the
taxation of public utilities that provide telegraph service or telephone service; to provide
definitions relating to the sourcing of telegraph or telephone services; to provide rules
concerning the sourcing of gross receipts and gross sales for public utilities that furnish telegraph
or telephone services in the State of Alabama.
Sale of Abandoned Motor Vehicles (SB373, Act 2006-414): To amend Sections 32-13-3, 32-
13-4, and 32-13-6, Code of Alabama 1975, relating to abandoned motor vehicles, to provide for
procedures related to the sale of abandoned motor vehicles; and to repeal Sections 12-19-76 and
32-13-7, Code of Alabama 1975.
Industrial Development Authority (SB451, Act 2006-417): To amend Act 91-635, 1991
Regular Session (Acts 1991, p. 1193), as amended by Act 97-645, 1997 Regular Session (Acts
1997, p. 1188), and Act 99-590 and Act 99-591, 1999 Regular Session (Acts 1999, pp. 1349,
1352), relating to grants by the State Industrial Authority, to alter the amounts of the grants and
to amend Section 40-25-23, Code of Alabama 1975, relating to the distribution of the tax on
tobacco products, to provide that a certain amount be distributed to the State Industrial
Development Authority for a funding source for the grants.
Proposed Constitutional Amendments
HB623, Act 2006-304 – Cleburne County Sheriff to authorized to participate in Employees’
Retirement System
HB624, Act 2006-308 – Cleburne County Sheriff to authorized to participate in Employees’
Retirement System
HB683, Act 2006-305 – Mayors who serve as utility superintendent authorized to participate in
Employees’ Retirement System
HB725, Act 2006-318 – Shelby County voter registration list
HB729, Act 2006-313 – Tuscaloosa County court costs
HB775, Act 2006-512 – Macon County Board of Education
HB783, Act 2006-314 – Baldwin County ad valorem rates frozen for those over 65 years old
HB821, Act 2006-317 – Baldwin County Commission limited home rule powers
HB828, Act 2006-457 – Butler County officials authorized to participate in ERS
SB92, Act 2006-111 – DeKalb County elected officials authorized to participate in the
Employers’ Retirement System
SB340, Act 2006-110 – Autauga County court costs
SB459, Act 2006-232 – Escambia County elected officials authorized to participate in
Employers’ Retirement System
SB466, Act 2006-514 – Tuscaloosa County court costs
SB471, Act 2006-280 – Baldwin County Judicial Commission
SB483, Act 2006-307 – Baldwin County wastewater utilities – Sewer service
SB586, Act 2006-513 – Sumter County ad valorem tax
These bills will be presented to the voters for ratification at an upcoming election.
Local Bills
HB45, Act 2006-337 – Calhoun County court costs
HB65, Act 2006-239 – Jefferson County court costs
HB85, Act 2006-217 – Prichard Mayor and Council compensation and expenses
HB144, Act 2006-250 – Big Oak Ranch in Springville exempt from state and local sales taxes
HB230, Act 2006-338 – Limestone County Sheriff – pistol and badge
HB233, Act 2006-220 – Macon County officials compensation
HB273, Act 2006-90 – Covington County Commission compensation
HB274, Act 2006-91 – Covington County Commission contingent fund increased
HB286, Act 2006-115 – Jackson County transfer of water from Tennessee River Basin
HB309, Act 2006-556 – Barber Vintage Motorsports Museum tax exemption
HB322, Act 2006-92 – Macon County Sheriff or Police Chiefs authorized to sell abandoned
property
HB357, Act 2006-357 – Mobile County election laws
HB379, Act 2006-339 – Birmingham Retirement System
HB387, Act 2006-340 – Mobile County election officers
HB421, Act 2006-241 – Houston County fire protection fee for volunteer fire departments
HB460, Act 2006-341 – Madison County Tennessee River Preservation Act
HB474, Act 2006-223 – Autauga County Sheriff Service of Process Fund
HB522, Act 2006-342 – Mobile County Commission Vacancies filled by Special Election
HB539, Act 2006-233 – Civil Service Board in Certain Class 4 cities
HB579, Act 2006-391 – Chilton County lodging tax
HB583, Act 2006-343 – Limestone County Revenue Commissioner & License Commissioner
expenses
HB620, Act 2006-603 – Morgan County transfer of water from Tennessee River Basin
HB628, Act 2006-243 – Sylacauga Civil Service Board compensation
HB638, Act 2006-392 – Daphne Municipal Judges and Magistrates warrant recall fee
HB645, Act 2006-393 – Wilcox County Ad Valorem Taxes
HB674, Act 2006-606 – Lawrence County transfer of water from Tennessee River Basin
HB679, Act 2006-345 – Wilcox County additional property tax for hospital
HB680, Act 2006-615 – Christian Service Centers of the Covington Baptist Association, Inc.
sales and use tax exemption
HB682, Act 2006-389 – BayFest, Inc. exempt from municipal sales and use taxes
HB686, Act 2006-346 – Marshall County TVA payments
HB696, Act 2006-347 – Madison County TVA payments
HB698, Act 2006-244 – Lauderdale County fire protection districts
HB699, Act 2006-348 – Class 5 cities (Dothan) elections
HB700, Act 2006-349 – Dothan Board of Education
HB703, Act 2006-390 – Dale County Fire Protection and Emergency Medical Services
HB704, Act 2006-328 – Montgomery Water Works and Sanitary Sewer Board Retirement
HB709, Act 2006-359 – Russell County Motor Vehicles Issuance Fee
HB710, Act 2006-360 – Russell County Probate Judge recording fees
HB721, Act 2006-351 – Macon County lodging tax
HB722, Act 2006-505 – Macon County draft or keg beer
HB723, Act 2006-361 – Limestone County Tennessee River Preservation Act
HB737, Act 2006-330 – Butler County Board of Registrars compensation
HB740, Act 2006-363 – Houston County draft or keg beer
HB743, Act 2006-395 – Tuscaloosa County solicitor’s fee
HB744, Act 2006-364 – Baldwin County Board of Equalization mileage expense
HB745, Act 2006-365 – Baldwin County Board of Education mileage expense
HB747, Act 2006-396 – Chambers County sales and use tax
HB749, Act 2006-506 – Monroeville sale of draft beer
HB752, Act 2006-397 – Cullman County sales and use tax
HB762, Act 2006-367 – Hoover employees called into military service – Health benefits
HB768, Act 2006-399 – Dallas County Probate Judge compensation
HB790, Act 2006-368 – Cullman County juvenile court cases
HB800, Act 2006-331 – Coffee County election officials expense allowance
HB804, Act 2006-370 – Wilcox County Judge of Probate recording fees
HB806, Act 2006-372 – Geneva County court costs
HB807, Act 2006-373 – Colbert County Tennessee River Preservation Act
HB812, Act 2006-375 – Clay County Economic Development Zone
HB815, Act 2006-377 – Lauderdale County lodging tax
HB816, Act 2006-378 – Limestone County TVA Payments
HB819, Act 2006-379 – Monroe County Judge of Probate and Chief Clerk compensation
HB822, Act 2006-380 – Clarke County municipal option elections for alcoholic beverages
HB825, Act 2006-381 – Houston County manufactured home sales
HB827, Act 2006-382 – Cherokee County Judge of Probate duties
HB830, Act 2006-383 – Russell county Historical Commission exempt from certain county and
municipal sales and use taxes
HB835, Act 2006-609 – Baldwin County planning and zoning
SB39, Act 2006-201 – Baldwin County court costs applicable to juvenile cases clarified
SB96, Act 2006-187 – Jackson County Sheriff – pistol and badge
SB169, Act 2006-401 – Class 1 & 2 cities ABC licenses
SB296, Act 2006-300 – Baldwin County and municipalities impact fees on new development
SB374, Act 2006-194 – Elmore County sales tax for jails
SB457, Act 2006-247 – Perry County revenue commissioner
SB465, Act 2006-592 – Tuscaloosa County Fire Protection Districts
SB468, Act 2006-253 – Lauderdale County election officer compensation
SB488, Act 2006-626 – Russellville Personnel Board
SB491, Act 2006-593 – Limestone County transfer from Tennessee River Basin
SB505, Act 2006-594 – Class 1 City Firefighters physical requirements
SB513, Act 2006-403 – Tuscaloosa County solicitor’s fee
SB520, Act 2006-385 – Houston and Henry County additional Circuit Judge
SB538, Act 2006-567 – Hoover city employees called into military service
SB549, Act 2006-568 – Jefferson County poll workers
SB550, Act 2006-404 – DeKalb County TVA payments
SB556, Act 2006-355 – Talladega County additional judgeship
Annexation Bills
HB187, Act 2006-88 – Lincoln
HB204, Act 2006-635 – Irondale
HB477, Act 2006-242 – Alabaster
HB635, Act 2006-225 – Florence
HB690, Act 2006-394 – Satsuma
HB692, Act 2006-616 – Helena
HB693, Act 2006-358 – Helena
HB761, Act 2006-366 – Bay Minette
HB799, Act 2006-369 – Foley
HB810, Act 2006-374 – Foley
HB836, Act 2006-610 – Elberta
SB498, Act 2006-278 – South Vinemont
SB570, Act 2006-569 – Vance
SB571, Act 2006-653 – Woodstock
Joint Resolutions Enacted of Interest to Municipalities
HJR 479, Act 2006-476 – Task Force to Study Alabama’s Procurement Laws
HJR 653, Act 2006-500 – Alabama Building Code Study Commission