SUMMARIES OF GENERAL LAWS ENACTED
AND CONSTITUTIONAL AMENDMENTS PROPOSED

By the Legislature of Alabama

at the
2002 REGULAR SESSION
JANUARY 8 through APRIL 17, 2002

 

Prepared by
LEGISLATIVE REFERENCE SERVICE
Alabama State House
Montgomery, Alabama 36130

(LRS 2002-20072)

INDEX TO SUMMARIES OF GENERAL LAWS ENACTED AND CONSTITUTIONAL

AMENDMENTS PROPOSED BY THE LEGISLATURE OF ALABAMA

AT THE 2002 REGULAR SESSION


ACTS | HOUSE BILLS | SENATE BILLS | SUMMARIES


ACTS

2002 REGULAR SESSION

ACT

BILL

2002-23

SB82

2002-57

SB22

2002-58

SB84

2002-59

SB29

2002-72

SB56

2002-73

SB187

2002-74

HB53

2002-76

HB68

2002-78

SB192

2002-79

SB193

2002-80

SB194

2002-81

SB195

2002-82

SB196

2002-83

SB197

2002-84

SB199

2002-85

SB200

2002-94

HB79

2002-95

SB198

2002-140

HB221

2002-141

HB60

2002-143

HB398

2002-144

HB390

2002-152

HB65

2002-153

HB379

2002-187

HB463

2002-188

HB347

2002-239

HB361

2002-240

SB517

2002-254

HB52

2002-255

SB433

2002-256

HB192

2002-265

HB29

2002-266

HB171

2002-273

SB66

2002-274

SB393

2002-275

SB437

2002-276

SB500

2002-277

HB457

2002-278

HB458

2002-279

HB597

2002-280

HB645

2002-281

HB666

2002-282

HB348

2002-294

HB414

2002-295

HB190

2002-296

HB140

2002-297

HB411

2002-305

HB285

2002-306

SB449

2002-307

HB72

2002-342

HB358

2002-345

SB445

2002-346

SB530

2002-347

HB298

2002-348

HB173

2002-349

HB541

2002-350

HB188

ACT

BILL

2002-351

HB174

2002-352

HB141

2002-353

HB175

2002-354

HB177

2002-355

HB178

2002-356

HB179

2002-357

HB182

2002-358

HB540

2002-359

HB186

2002-360

HB159

2002-361

HB162

2002-362

HB164

2002-363

HB167

2002-364

HB176

2002-365

HB180

2002-366

HB181

2002-367

HB184

2002-368

HB147

2002-369

HB148

2002-370

HB156

2002-371

HB151

2002-372

HB158

2002-373

HB185

2002-374

HB187

2002-375

HB165

2002-376

HB161

2002-377

HB142

2002-378

HB143

2002-379

HB157

2002-380

HB152

2002-381

HB150

2002-382

HB153

2002-383

HB146

2002-384

HB144

2002-385

HB145

2002-386

HB149

2002-387

HB155

2002-388

HB163

2002-389

HB154

2002-390

HB24

2002-391

HB313

2002-392

HB673

2002-393

HB227

2002-394

HB340

2002-395

HB672

2002-396

SB102

2002-397

SB 456

2002-398

SB547

2002-399

HB229

2002-400

HB658

2002-401

HB701

2002-402

HB410

2002-403

SB65

2002-404

SB241

2002-405

SB295

2002-406

SB499

2002-407

SB14

ACT

BILL

2002-408

SB124

2002-409

HB169

2002-410

HB585

2002-411

HB282

2002-412

HB357

2002-413

HB231

2002-414

HB35

2002-415

HB95

2002-416

HB254

2002-417

SB299

2002-418

SB185

2002-419

SB333

2002-420

HB183

2002-424

HB20

2002-425

HB551

2002-426

HB41

2002-429

HB627

2002-430

HB464

2002-431

HB38

2002-432

HB341

2002-454

HB353

2002-457

SB21

2002-492

SB240

2002-493

HB223

2002-494

HB581

2002-495

HB493

2002-496

HB355

2002-497

HB30

2002-498

HB61

2002-499

HB273

2002-500

HB289

2002-501

HB170

2002-502

HB15

2002-503

SB263

2002-504

HB12

2002-505

SB271

2002-506

HB160

2002-507

HB166

2002-508

HB86

2002-510

SB235

2002-511

SB293

2002-512

SB312

2002-513

SB516

2002-514

HB85

2002-515

HB96

2002-516

HB575

2002-517

HB216

2002-518

HB376

2002-519

HB57

2002-521

HB456

2002-522

HB42

2002-523

HB228

2002-524

HB450

2002-525

HB681

2002-526

HB301

2002-527

HB478

2002-528

HB465


HOUSE BILLS

2002 REGULAR SESSION

HOUSE BILL

ACT

HB12

2002-504

HB15

2002-502

HB20

2002-424

HB24

2002-390

HB29

2002-265

HB30

2002-497

HB35

2002-414

HB38

2002-431

HB41

2002-426

HB42

2002-522

HB52

2002-254

HB53

2002-74

HB57

2002-519

HB60

2002-141

HB61

2002-498

HB65

2002-152

HB68

2002-76

HB72

2002-307

HB79

2002-94

HB85

2002-514

HB86

2002-508

HB95

2002-415

HB96

2002-515

HB140

2002-296

HB141

2002-352

HB142

2002-377

HB143

2002-378

HB144

2002-384

HB145

2002-385

HB146

2002-383

HB147

2002-368

HB148

2002-369

HB149

2002-386

HB150

2002-381

HB151

2002-371

HB152

2002-380

HB153

2002-382

HB154

2002-389

HB155

2002-387

HB156

2002-370

HB157

2002-379

HB158

2002-372

HB159

2002-360

HOUSE BILL ACT

HB160

2002-506

HB161

2002-376

HB162

2002-361

HB163

2002-388

HB164

2002-362

HB165

2002-375

HB166

2002-507

HB167

2002-363

HB169

2002-409

HB170

2002-501

HB171

2002-266

HB173

2002-348

HB174

2002-351

HB175

2002-353

HB176

2002-364

HB177

2002-354

HB178

2002-355

HB179

2002-356

HB180

2002-365

HB181

2002-366

HB182

2002-357

HB183

2002-420

HB184

2002-367

HB185

2002-373

HB186

2002-359

HB187

2002-374

HB188

2002-350

HB190

2002-295

HB192

2002-256

HB216

2002-517

HB221

2002-140

HB223

2002-493

HB227

2002-393

HB228

2002-523

HB229

2002-399

HB231

2002-413

HB254

2002-416

HB273

2002-499

HB282

2002-411

HB285

2002-305

HB289

2002-500

HB298

2002-347

HOUSE BILL

ACT

HB301

2002-526

HB313

2002-391

HB340

2002-394

HB341

2002-432

HB347

2002-188

HB348

2002-282

HB353

2002-454

HB355

2002-496

HB357

2002-412

HB358

2002-342

HB361

2002-239

HB376

2002-518

HB379

2002-153

HB390

2002-144

HB398

2002-143

HB410

2002-402

HB411

2002-297

HB414

2002-294

HB450

2002-524

HB456

2002-521

HB457

2002-277

HB458

2002-278

HB463

2002-187

HB464

2002-430

HB465

2002-528

HB478

2002-527

HB493

2002-495

HB540

2002-358

HB541

2002-349

HB551

2002-425

HB575

2002-516

HB581

2002-494

HB585

2002-410

HB597

2002-279

HB627

2002-429

HB645

2002-280

HB658

2002-400

HB666

2002-281

HB672

2002-395

HB673

2002-392

HB681

2002-525

HB701

2002-401


 SENATE BILLS

2002 REGULAR SESSION


SENATE BILL

ACT

SB14

2002-407

SB21

2002-457

SB22

2002-57

SB29

2002-59

SB56

2002-72

SB65

2002-403

SB66

2002-273

SB82

2002-23

SB84

2002-58

SB102

2002-396

SB124

2002-408

SB185

2002-418

SB187

2002-73

SB192

2002-78

SB193

2002-79

SENATE BILL

ACT

SB194

2002-80

SB195

2002-81

SB196

2002-82

SB197

2002-83

SB198

2002-95

SB199

2002-84

SB200

2002-85

SB235

2002-510

SB240

2002-492

SB241

2002-404

SB263

2002-503

SB271

2002-505

SB293

2002-511

SB295

2002-405

SB299

2002-417

SENATE BILL

ACT

SB312

2002-512

SB333

2002-419

SB393

2002-274

SB433

2002-255

SB437

2002-275

SB445

2002-345

SB449

2002-306

SB 456

2002-397

SB499

2002-406

SB500

2002-276

SB516

2002-513

SB517

2002-240

SB530

2002-346

SB547

2002-398



SUMMARIES

2002 REGULAR SESSION


ACT 2002-23, SB82,provides for the Deferred Retirement Option Plan, known as “DROP,” for active and contributing members of the Teachers’ Retirement System and the Employees’ Retirement System.  The act adds a new Article 9 to Chapter 25, Title 16, and a new Article 9 to Chapter 27, Title 36, Code of Alabama 1975.  DROP allows employees, instead of immediate withdrawal from service and receipt of a retirement allowance, to continue employment for a specified time, coupled with deferral of a retirement allowance until the end of the period of participation, at which time the employee withdraws from service.

EFFECTIVE DATE: June 1, 2002.

ACT 2002-57, SB22, redistricts the state’s congressional districts based upon the 2000 Federal Census.  The act repeals and reenacts Section 17-20-1, Code of Alabama 1975.

EFFECTIVE DATE: January 31, 2002.

ACT 2002-58, SB84,amends Section 34-23-8, Code of Alabama 1975, relating to the dispensing of drugs, to authorize a pharmacist to dispense equivalent drugs containing the same ingredients and dosage for a prescription written by an out-of-state licensed physician or practitioner if the physician or practitioner does not expressly prohibit a substitution.

EFFECTIVE DATE: January 31, 2002.

ACT 2002-59, SB29, provides for the regulation of recreational vessel or residence boat sewage discharges and marine sanitation devices and designates the Department of Conservation and Natural Resources as the state agency responsible for regulating the devices.  The act repeals Sections 33-6-4, 33-6-5, 33-6-6, 33-6-8, and 33-6-9, Code of Alabama 1975.

EFFECTIVE DATE: October 1, 2003.

ACT 2002-72, SB56,amends Sections 34-14A-2, 34-14A-5, 34-14A-6, 34-14A-7, 34-14A-8, 34-14A-12, 34-14A-14, 34-14A-15, and 34-14A-16, Code of Alabama 1975, relating to the Home Builders Licensure Board, to provide further for the licensing and regulation of home building and the home improvement industry.

EFFECTIVE DATE: May 1, 2002.

ACT 2002-73, SB187, redistricts the state into State Board of Education districts based upon the 2000 Federal Census.  The act amends Section 16-3-1, Code of Alabama 1975.

EFFECTIVE DATE: February 7, 2002.

ACT 2002-74, HB53, is the “Alabama Preneed Funeral and Cemetery Act.”  The act authorizes the Commissioner of Insurance to provide for the certification process and regulation of the sale of preneed funeral or cemetery merchandise and services.  The act provides for the establishment and administration of certain trust funds and for violations and criminal punishment for violations.  The act adds Chapter 17A to Title 27, Code of Alabama 1975.

EFFECTIVE DATE: May 1, 2002.

ACT 2002-76, HB68, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Chilton County, to authorize a local law providing for a civil service merit system for deputy sheriffs, county law enforcement officers, radio operators, jailers, and law enforcement support personnel who work for the Sheriff of Chilton County, except for the chief deputy.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-78, SB192, continues the existence and functioning of the Alabama Sickle Cell Oversight and Regulatory Commission pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: February 22, 2002.

ACT 2002-79, SB193, continues the existence and functioning of the Alabama Surface Mining Commission pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: February 22, 2002.

ACT 2002-80, SB194, continues the existence and functioning of the Alabama Licensure Board for Interpreters and Transliterators pursuant to the Alabama Sunset Law.  The act also amends Sections 34-16-4, 34-16-5, and 34-16-6, Code of Alabama 1975, to reduce the number of board members required for a quorum from 6 to 5 and to authorize the board to provide for the reinstatement of lapsed licenses and late renewal penalties.

EFFECTIVE DATE: February 22, 2002.

ACT 2002-81, SB195, continues the existence and functioning of the State Oil and Gas Board pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: February 22, 2002.

ACT 2002-82, SB196, continues the existence and functioning of the State Radiation Control Agency pursuant to the Alabama Sunset Law.  The act amends Section 22-14-5, Code of Alabama 1975, creating the Radiation Advisory Board of Health, to conform the section with the name change of the Associated Industries of Alabama to the Business Council of Alabama.

EFFECTIVE DATE: February 22, 2002.

ACT 2002-83, SB197, continues the existence and functioning of the State Board of Registration for Foresters pursuant to the Alabama Sunset Law.  The act also amends Section 34-12-35, Code of Alabama 1975, to limit review of board contracts and agreements to appropriate review by the Contract Review Permanent Legislative Oversight Committee.

EFFECTIVE DATE: February 22, 2002.

ACT 2002-84, SB199, continues the existence and functioning of the Department of Insurance pursuant to the Alabama Sunset Law until October 1, 2003.  The act limits the audit and Sunset Committee review of the department for the 2003 Regular Session of the Legislature.

EFFECTIVE DATE: February 22, 2002.

ACT 2002-85, SB200, continues the existence and functioning of the Alabama State Board of Registration for Interior Design pursuant to the Alabama Sunset Law. EFFECTIVE DATE: February 22, 2002.

ACT 2002-94, HB79, amends Sections 25-4-8, 25-4-10, 25-4-51, and 25-4-70, Code of Alabama 1975, relating to unemployment compensation, to provide that Indian tribes be offered the reimbursement option for payment of unemployment compensation contributions and to extend unemployment compensation benefits based on services performed in the employ of Indian tribes who no longer qualify for the federal sharing of 50 percent of the costs of the benefits.

EFFECTIVE DATE: January 1, 2002.

ACT 2002-95, SB198, continues the existence and functioning of the Board of Home Medical Equipment Services Providers pursuant to the Alabama Sunset Law until October 1, 2004.  The act also authorizes the board to collect inspection fees and provides for an appropriation from the Home Medical Equipment Services Fund to the board for the fiscal year ending September 30, 2002.

EFFECTIVE DATE: February 27, 2002.

ACT 2002-140, HB221, amends Sections 34-24-59, 34-24-70, 34-24-334, and 34-24-336, Code of Alabama 1975, adds new Sections 34-24-50.1, 34-24-60, and 34-24-61 to Chapter 24 of Title 34, Code of Alabama 1975, amends Sections 20-2-53, 34-24-360, 34-24-361, 34-24-366, 34-24-380, 34-24-381, 34-24-382, and 34-24-405, Code of Alabama 1975, and adds new Sections 34-24-304, 34-24-305, and 34-24-361.1 to Title 34, Code of Alabama 1975, relating to the licensing and regulation of physicians and osteopaths licensed to practice medicine and the conduct of hearings and appeals before the State Board of Medical Examiners and the Medical Licensure Commission. 

EFFECTIVE DATE: Sections 34-24-70(a) (2), 34-24-380, 34-24-381, 34-24-382, 34-24-304, and 34-24-305–March 12, 2002; Section 34-24-70(a) (3)–September 1, 2002; Remaining Sections–June 1, 2002.

ACT 2002-141, HB60            , establishes the Office of Women’s Health within the Alabama Department of Public Health.  The act specifies the purposes of the office and requires the State Health Officer to appoint personnel to staff the Office of Women’s Health.  The act provides for membership of the Steering Committee on Women’s Health to serve in an advisory capacity to the State Health Officer and the Director of the Office of Women’s Health.

EFFECTIVE DATE: March 12, 2002.

ACT 2002-143, HB398, proposes an amendment to the Constitution of Alabama of 1901, to authorize Butler County and any municipality therein to perform certain actions for the purpose of economic and industrial development.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-144, HB390, proposes an amendment to the Constitution of Alabama of 1901, to allow the governing body of Coosa County to levy and collect certain fees on residences and businesses to be used for fire protection and emergency medical services.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-152, HB65, amends Section 2-8-199, Code of Alabama 1975, relating to the amount of assessment that may be levied on the sale of cotton for the promotion of cotton, to change the maximum from .3 percent of the bale value to $1 per bale.

EFFECTIVE DATE: March 19, 2002.

ACT 2002-153, HB379, amends Section 40-17-31, Code of Alabama 1975, relating to excise tax on gasoline, to exempt from state taxes fuel used to propel jet or turbine aircraft destined for a foreign port or engaged in international flights or commerce.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-187, HB463, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Wilcox County, to prohibit the participation of certain elected or appointed county officials in the supernumerary program and to allow those officials to participate in the Employees’ Retirement System.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-188, HB347, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Fayette County, to provide that the Legislature, by general or local law, may fix, alter, and regulate court costs in Fayette County.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-239, HB361, amends Section 13A-11-13, Code of Alabama 1975, relating to the crime of abuse of a corpse, and Sections 34-13-1 and 34-13-53, Code of Alabama 1975, relating to the licensing and regulation of funeral services, and adds Sections 34-13-120 to 34-13-124, inclusive, to Title 34, Code of Alabama 1975, to require the practice of cremation to be conducted by trained cremationists.  The act requires crematories to be part of funeral establishments and provides for the regulation of crematories by the Alabama Board of Funeral Service.

EFFECTIVE DATE: June 1, 2002.

ACT 2002-240, SB517, authorizes the Alabama Public School and College Authority to sell and issue $75,000,000 aggregate principal amount of bonds, in addition to all other bonds previously issued by the Authority.  The act also changes the purposes for which a portion of the unspent proceeds of bonds issued under the 1999 Act may be spent to provide funds to pay the costs of workforce development, education, and training and the acquisition and construction of training facilities and equipment for the benefit of companies that engage in the business of manufacturing or assembling complete passenger automobiles, trucks, trailers, buses, and parts and accessories.  In addition, the act will provide for the issuance of up to $43,500,000 aggregate principal amount of bonds plus issuance expenses during fiscal year 2003, for the purpose of paying for the annual costs of operating and maintaining a worker training facility in Tuscaloosa County.

EFFECTIVE DATE: March 21, 2002.

ACT 2002-254, HB52, amends Section 11-88-6, Code of Alabama 1975, relating to boards of directors of water, sewer, and fire protection authorities, to increase the compensation of members and chairs of the boards.

EFFECTIVE DATE: April 3, 2002.

ACT 2002-255, SB433, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Jackson County, to prohibit the participation of certain elected or appointed county officials in the supernumerary program and to allow those officials to participate in the Employees’ Retirement System.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-256, HB192, amends Sections 40-12-62 and 40-12-264, Code of Alabama 1975, relating to the issuance and use of motor vehicle dealer license tags or plates, to revise various provisions relating to the acquisition, purchase, and use of motor vehicle dealer license tags or plates and motorcycle dealer tags or plates and the payment of certain registration fees.

EFFECTIVE DATE: Section 40-12-264(a) became effective April 4, 2002.  All other provisions become effective on October 1, 2003.

ACT 2002-265, HB29, amends Sections 40-9B-5 and 40-9B-8, Code of Alabama 1975, to require municipalities and public industrial authorities to obtain the written consent of the governing body of a county prior to granting an abatement of any county taxes.

EFFECTIVE DATE: April 4, 2002.

ACT 2002-266, HB171, requires that a pharmacist dispensing medication to a patient covered by the Public Education Employees’ Health Insurance Programs or an insurance policy of the State Employees’ Insurance Board prescribe a generic equivalent medication when available unless the physician indicates otherwise.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-273, SB66, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to DeKalb County, to amend Amendment No. 637, to revise the disposition of the proceeds from the ad valorem tax levied for fire protection purposes in DeKalb County pursuant to Amendment 637.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-274, SB393, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Wilcox County, to prohibit the participation of certain elected or appointed officials in the supernumerary program and to authorize the participation of those officials in the Employees’ Retirement System.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-275, SB437, proposes an amendment to the Constitution of Alabama of 1901, to authorize Tallapoosa County and any municipality therein to perform certain actions for the purpose of economic and industrial development.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-276, SB500, proposes an amendment to the Constitution of Alabama of 1901, to provide for the City of Talladega in Talladega County to operate under the council-manager form of government.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-277, HB457, proposes an amendment to the Constitution of Alabama of 1901, to allow the assessment of an additional fee on civil and criminal cases in Crenshaw County with the proceeds to be used for financing a county jail.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-278, HB458, proposes an amendment to the Constitution of 1901, pertaining only to Crenshaw County, to prohibit the participation of certain elected or appointed county officials in the supernumerary program and to allow those officials to participate in the Employees’ Retirement System.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-279, HB597, proposes an amendment to the Constitution of Alabama of 1901, to authorize Coffee County and the municipalities therein to perform certain actions for the purpose of economic and industrial development.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-280, HB645, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Barbour County, to be known as “A Better Barbour County Amendment,” to levy additional taxes, either an additional ad valorem tax or an additional ad valorem tax and an additional sales and use tax for public schools or for the county general fund, or both.  The amendment provides for a referendum to provide choices of the tax or taxes to be levied.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-281, HB666, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Lawrence County, to amend Amendment No. 691 to include the sheriff within the elected public officials in Lawrence County who participate in the Employees’ Retirement System in lieu of participating in a supernumerary program.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-282, HB348, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Blount County, to prohibit the participation of certain elected or appointed officials in the supernumerary program and to authorize the participation of those officials in the Employees’ Retirement System.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-294, HB414, proposes an amendment to the Constitution of Alabama of 1901, to establish the General Fund Rainy Day Account.  The amendment would credit to the General Fund Rainy Day Account within the Alabama Trust Fund an amount not to exceed six percent of the 2003 General Fund appropriations.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-295, HB190, is the General Fund Budget.  The act makes 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, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-296, HB140, is the Education Trust Fund Budget.  The act makes appropriations for the support, maintenance, and development of public education, for debt service, and for capital outlay for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-297, HB411, appropriates $3,000,000 from the Alcoholic Beverage Control Board Fund to the Alabama Alcoholic Beverage Control Board for the fiscal year ending September 30, 2002; appropriates $4,500,000 from the Land Management Fund to the State Lands Division of the Department of Conservation and Natural Resources for the fiscal year ending September 30, 2002; appropriates $329,662 from the Bureau of Tourism and Travel Fund to the Alabama Bureau of Tourism and Travel for the fiscal year ending September 30, 2002; appropriates $100,000 from the General Fund to the Legislature, $50,000 to the Military Department, $80,000 to Court Assessed Costs not Provided For-Legal Advice and Legal Services Program, $50,000 to the Emergency Management Agency, $200,000 to the Alabama Bureau of Tourism and Travel, $35,000 to the Office of Prosecution Services, and $75,000 to the Soil and Water Conservation Committee for the fiscal year ending September 30, 2002; appropriates $32,041,413 from the Capital Improvement Trust Fund for capital improvement as defined in Amendment No. 666 to the Constitution of Alabama of 1901, for the fiscal year ending September 30, 2002; appropriates $30,000,000 from the Medicaid Trust Fund to the Alabama Medicaid Agency for the fiscal year ending September 30, 2002; conditionally appropriates $10,000,000, as estimated, from the Special Mental Health Trust Fund to the Department of Mental Health and Mental Retardation for the fiscal year ending September 30, 2002; conditionally appropriates the balance of funds in the School Indemnity Land Sale Fund and the Sixteenth Section Land Sale Fund to the Education Trust Fund for the fiscal year  ending September 30, 2002; conditionally appropriates $18,000,000 from the Data Center Revolving Fund to the State General Fund or the Education Trust Fund for the fiscal year ending September 30, 2002; conditionally appropriates $2,000,000 from the Telecommunications Revolving Fund to the State General Fund or the Education Trust Fund for the fiscal year ending September 30, 2002; appropriates $200,000 from the Alabama College Education Savings Administrative Fund to the State Treasurer for the fiscal year ending September 30, 2002; re-appropriates funds appropriated for the Farmers’ Market Authority in the 2002 General Appropriations Act; appropriates $350,000 from the State Historical Preservation Fund to the Alabama Historical Commission for the fiscal year ending September 30, 2002; appropriates $2,500,000 from the Highway Traffic Safety Fund to the Department of Public Safety for the fiscal year ending September 30, 2002; and appropriates certain federal funds for the expenses incurred for the administration of the state’s unemployment compensation law and public employment offices.

EFFECTIVE DATE: April 11, 2002.

ACT 2002-305, HB285, amends Sections 5-18-4, 5-18-5, 5-18-10, 5-18-13, 5-18-15, and 5-18-18, Code of Alabama 1975, relating to consumer loans and known as the “Alabama Small Loan Act.”  The act increases the application of the Alabama Small Loan Act from loans of less than $749 to loans of less than $1,000, increases the annual license fee paid by licensees to $500, and allows for an account maintenance fee of $3 for each month of the scheduled period of repayment of the loan when the monthly repayment amount equals or exceeds $30.

EFFECTIVE DATE: April 15, 2002.

ACT 2002-306, SB449, amends Section 41-4-143, Code of Alabama 1975, relating to the Acts of Alabama, to require the Secretary of State, upon the request of the primary sponsors, to indicate on each act the primary sponsors in both houses of the Legislature.

EFFECTIVE DATE: April 16, 2002.

ACT2002-307, HB72, amends Section 5-19-31, Code of Alabama 1975, to specify that municipal pension systems are exempt from the Mini-Code.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-342, HB358, amends Section 33-4-48, Code of Alabama 1975, to increase the fees of bar pilots in Mobile Bay or Harbor.

EFFECTIVE DATE: April 17, 2002.

ACT 2002-345, SB445, proposes an amendment to Amendment 592 of the Constitution of Alabama of 1901, to include the sheriff within the elected officials of Morgan County who are authorized to participate in the Employees’ Retirement System in lieu of a supernumerary program.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-346, SB530, proposes an amendment to the Constitution of Alabama of 1901, pertaining to the Town of White Hall in Lowndes County, to legalize the operation of bingo games for charitable or educational purposes.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-347, HB298, appropriates $96,500 from the State General Fund to the Montgomery Minority Business Development Center located at Trenholm State Technical College for a program to provide entrepreneurial support to new and expanding minority businesses in the Montgomery area for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-348, HB173, appropriates $48,250 from the State General Fund to the Autism Society of Alabama in Birmingham, for a program to promote acceptance, independence, productivity, and opportunity for inclusion for persons with autism and autism spectrum disorders and their families and to foster development of individualized, lifelong community-based support and services through Alabama, for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-349, HB541, appropriates $54,375 from the State General Fund to the America’s Junior Miss Pageant for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-350, HB188, appropriates $2,802,000 from the State General Fund to the Children’s Advocacy Programs in Alabama for the support and operation of the Children’s Advocacy Centers and the Alabama Network of Children’s Advocacy Center, Inc., for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-351, HB174, appropriates $100,000 from the State General Fund to the Parkinson Association of Alabama for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-352, HB141, appropriates $318,671 from the Education Trust Fund to the Helen Keller Eye Research Foundation in Birmingham for the support and maintenance of a program to conduct eye research, education, and related services for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-353, HB175, appropriates $33,823 from the State General Fund to the Beacon House – Jasper for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-354, HB177, appropriates $185,859 from the State General Fund to Prevent Child Abuse Alabama in Montgomery, for a program to promote the development of programs and services for abused and neglected adults and children and to provide training and networking capabilities to local organizations statewide which provide services to dysfunctional families, for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-355, HB178, appropriates $361,875 from the State General Fund to the Alabama Kidney Foundation, Inc. for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-356, HB179, appropriates $96,500 from the State General Fund to the Shoals Entrepreneurial Center, Inc. in Florence for a program to help new, small businesses become self-sustaining and to provide for the operation and maintenance of a small business incubator facility for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-357, HB182, appropriates $90,172 from the State General Fund to the Coosa-Alabama River Improvement Association for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-358, HB540, appropriates $12,585 from the State General Fund to the Alabama’s Junior Miss Pageant for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-359, HB186, appropriates $67,485 from the State General Fund to the Warrior-Tombigbee Development Association for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-360, HB159, appropriates $485,009 from the Education Trust Fund to Talladega College in Talladega for the support and maintenance of the educational program of the institution for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-361, HB162, appropriates $8,404 from the Education Trust Fund to the Law Institute for the support and maintenance for a program promoting youth in government for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-362, HB164, appropriates $3,911,326 from the Education Trust Fund to the Public Health Services Program of the Department of Public Health for the support and maintenance of the Emergency Medical Services Program for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-363, HB167, appropriates $308,930 from the Education Trust Fund to the Department of Archives and History for the support and maintenance for a program promoting the better understanding of Alabama’s history for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-364, HB176, appropriates $281,387 from the General Fund to the Retired Senior Volunteer Program for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-365, HB180, appropriates $96,500 from the General Fund to the Alabama Travel Council in Montgomery for a program to develop and promote the tourist and travel industry in Alabama for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-366, HB181, appropriates $814,332 from the General Fund to the Coalition Against Domestic Violence for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-367, HB184, appropriates $28,950 from the General Fund to the Lighthouse Counseling Center for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-368, HB147, appropriates $89,110 from the Education Trust Fund to the Epilepsy programs in Alabama for the support and maintenance of programs to educate the general public about epilepsy and its treatment and to provide medical, legal, insurance, and employment services to individuals afflicted with epilepsy for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-369, HB148, appropriates $490,105 from the Education Trust Fund to Camp ASCCA in Jackson Gap for the support and maintenance of a program to provide year-round camping, recreation, and outdoor educational services in a barrier-free environment for physically and mentally disabled children and adults for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-370, HB156, appropriates $36,954,376 from the Education Trust Fund and $2,005,660 from federal and local funds to the Department of Youth Services for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-371, HB151, appropriates $59,410 from the Education Trust Fund to the Kate Duncan Smith DAR School in Marshall County for the support and maintenance of the school physical plant and education programs for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-372, HB158, appropriates $414,278 from the Education Trust Fund to Marion Military Institute in Marion for the support and maintenance of the educational program of the institution for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-373, HB185, appropriates $60,564 from the General Fund to the Tri-Rivers Waterway Development Authority for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-374, HB187, appropriates $75,000 from the General Fund to the Waste Reduction and Technology Transfer Foundation for waste reduction, pollution prevention, and technology transfer education services for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-375, HB165, appropriates $31,673 from the Education Trust Fund to the Department of Human Resources for the support and maintenance for a program promoting services for children at the Adam Bishop Center, Walker County, and at Children’s Village, Inc., Jefferson County, for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-376, HB161, appropriates $219,650 from the Education Trust Fund to the Governor’s Commission on Physical Fitness for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-377, HB142, appropriates $76,687 from the Education Trust Fund to the Alabama League for the Advancement of Education in Montgomery for the support and maintenance of a program to provide tutorial assistance, career exploration, and positive role models for public school students who are failing in two or more subjects for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-378, HB143, appropriates $4,753 from the Education Trust Fund to the State Department of Education for the Macon County YMCA for a tutorial program for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-379, HB157, appropriates $193,328 from the Education Trust Fund to Lyman Ward Military Academy in Camp Hill for the support and maintenance of the educational program of the institution for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-380, HB152, appropriates $1,051,673 from the Education Trust Fund to the East Alabama Regional Planning and Development Commission for the East Alabama Child Development Center in Anniston for the support and maintenance for a program of child care, educational, health, and nutritional services for pre-school children in 14 east central Alabama counties for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-381, HB150, appropriates $608,437 from the Education Trust Fund to the Children’s and Women’s Hospital in Mobile for the support and maintenance of a program for health care and education in a specialized hospital and for training of physicians for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-382, HB153, appropriates $267,330 from the Education Trust Fund and $50,662 from the General Fund to the AIDS Alabama in Birmingham for the support and maintenance of educational programs and services to help prevent the spread of HIV/AIDS and to provide services to individuals living with AIDS, for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-383, HB146, appropriates $71,292 from the Education Trust Fund to the Alabama Sports Festival in Montgomery for the support and maintenance of a program providing academic scholarships and promoting Olympic-style competition, for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-384, HB144, appropriates $110,051 from the Education Trust Fund to the Central Alabama Opportunities Industrialization Center in Montgomery for the support and maintenance of a non-profit, comprehensive manpower training program providing basic education, job development, job placement, follow-up, individual and group counseling, and referral services for individuals between the ages of 16 and 21 years, for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-385, HB145, appropriates $723,952 from the Education Trust Fund to the State Board of Education for the support and maintenance of special programs, schools, and services for special education for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-386, HB149, appropriates $846,545 from the Education Trust Fund to Children’s Hospital in Birmingham for the support and maintenance of a program for health care and education in a specialized hospital and for training of pediatric physicians for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-387, HB155, appropriates $338,618 from the Education Trust fund to the Space Science Exhibit Commission for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-388, HB163, appropriates $10,306,767 from the Education Trust Fund to the Public Health Services Program in the Department of Public Health for educational purposes for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-389, HB154, appropriates $28,017,708 from the Education Trust Fund, $2,104,876 from the Impaired Drivers Trust Fund, and  $104,316,699 from federal and local funds to the Department of Rehabilitation Services for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-390, HB24, amends Section 1-3-8, Code of Alabama 1975, relating to state holidays, to require public schools, grades K to 12, and all public two-year institutions of higher learning to be closed on National Memorial Day.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-391, HB313, amends Sections 36-26-35.2 and 36-26-36.2, Code of Alabama 1975, relating to donation by state employees of annual leave to other state employees for catastrophic illnesses, to provide for the donation of sick and compensatory leave for catastrophic illness or pregnancies.

EFFECTIVE DATE: April 17, 2002.

ACT 2002-392, HB673, provides for a cost-of-living increase for certain state employees for the fiscal year beginning October 1, 2002.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-393, HB227, provides a three percent cost-of-living adjustment for certain retirees and beneficiaries of the Employees’ Retirement System and the Teachers’ Retirement System to become effective on October 1, 2002.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-394, HB340, provides public education employees a pay increase of three percent beginning with the fiscal year 2002-2003.  The act gives support employees a three percent cost-of-living adjustment and provides for an across-the-board salary increase of all two-year postsecondary salary schedules.

EFFECTIVE DATE: April 17, 2002.

ACT 2002-395, HB672, proposes an amendment to the Constitution of Alabama of 1901, pertaining to only Russell County, to authorize the Russell County Commission and any municipality therein to take certain actions for the promotion of local economic and industrial development in the county.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-396, SB102, proposes an amendment to the Constitution of Alabama of 1901, pertaining to only Perry County, to authorize the Legislature to fix, alter, and regulate court costs in the county.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-397, SB456, proposes an amendment to the Constitution of Alabama of 1901, pertaining to only Butler County, to authorize Butler County and any municipality in the county to take certain actions for the promotion of local economic and industrial development in the county.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-398, SB547, proposes an amendment to the Constitution of Alabama of 1901, pertaining to only Russell County, to authorize Russell County and any municipality therein to take certain actions for the promotion of local economic and industrial development in the county.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-399, HB229, proposes an amendment to the Constitution of Alabama of 1901, to promote the production, marketing, use, and sale of sheep and goats and their products.  The act also provides a means of levying assessments for financing the promotional programs.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-400, HB658, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Baldwin County, to grant the Baldwin County Commission certain home rule powers but not the power to tax or raise revenue or to enable pari-mutuel betting or any pari-mutuel betting facility, gaming or gaming devices, or any gambling.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-401, HB701, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Baldwin County, to provide for the Baldwin County Sheriff’s Personnel Board.

EFFECTIVE DATE: Contingent upon ratification.

ACT 2002-402, HB410, appropriates $55,000,000 from the Children First Trust Fund to the entities and for the purposes designated in Section 41-15B-2.2, Code of Alabama 1975, for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: April 17, 2002.

ACT 2002-403, SB65, adopts and incorporates into the Code of Alabama 1975, the general and permanent laws enacted during the 2001 Regular Session of the Legislature.

EFFECTIVE DATE: April 17, 2002.

ACT 2002-404, SB241, relates to the Medical Support Health Care Access Act and adds Section 27-21B-10 to the Code of Alabama 1975,  to provide for the enforcement of health care coverage of certain employers through the use of a federally required medical support notice for enrollment in employer-based health care coverage.

EFFECTIVE DATE: April 17, 2002.

ACT 2002-405, SB295, amends Section 41-7-3, Code of Alabama 1975, to restructure the advisory board to the Director of the Bureau of Tourism and Travel.  The act provides for the membership, meetings, and duties of the board.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-406, SB499, amends Sections 2-8-128, 2-8-129, 2-8-130, 2-8-133, 2-8-134, and 2-8-135, Code of Alabama 1975, relating to the promotion of nuts, bulbs, fruits, and vegetables and the levy of assessments on the producers of any particular commodities to, among other things, increase from one-third of those voting to a majority of those voting in a referendum authorizing the levy of assessment to prohibit an assessment.

EFFECTIVE DATE: April 17, 2002.

ACT 2002-407, SB14, allows certain active and contributing members of the Employees’ Retirement System to purchase credit for certain prior service as an employee of the Dauphin Island Park and Beach Board of Mobile County, Inc.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-408, SB124, is the graduated drivers’ license act.  The act provides for certain restrictions on the issuance of drivers’ licenses for persons under 18 year of age.  The act amends Section 32-6-8, Code of Alabama 1975, to provide further for a 15-year old with a learner’s permit to drive accompanied by a licensed driver under certain conditions.  The act also adds Section 32-6-7.2 to the Code of Alabama 1975, to prohibit a person under the age of 18 from applying for a regular drivers’ license until the person has held a learner’s license for at least six months. The act was named the “John Hawkins Act” by Act 2002-468, SJR 137, 2002 Regular Session.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-409, HB169, reopens the Teachers’ Retirement System for purchase of certain prior service credit by active and contributing members who were either on approved medical leave, employed full-time with the Legislature, or employed full-time with a subsidiary organization of an employer which has participated in the system since its inception.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-410, HB585, is the “Medicaid Revenue Use Act.”  The act requires hospitals or hospital systems that transfer funds to the Medicaid Agency to comply with this act; requires hospitals or hospital systems to transfer to the Medicaid Agency funds which are comprised of revenues received from payors other than the Medicaid Agency or partnership hospital program; requires that revenues received by hospitals or hospital systems from the Medicaid Agency or a partnership hospital program be used only for the provision of healthcare services; and requires hospitals or hospital systems to provide an annual certification of compliance with the act to the Medicaid Agency.

EFFECTIVE DATE: April 17, 2002.

ACT 2002-411, HB282, amends Section 28-3A-25, Code of Alabama 1975, relating to unlawful acts, offenses, and penalties concerning alcoholic beverages, to remove the requirement that vehicles delivering alcoholic beverages have specified identification on each side and instead to require that the vehicles display the information required by the Alabama Alcoholic Beverage Control Board.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-412, HB357, amends Sections 1 and 2 of Act 2001-1130, 2001 Fourth Special Session, relating to election officials being excused from employment on election day, to provide that the officials may be excused from employment without penalty of loss of time.  The act applies to any employee working for an employer with 25 or fewer employees and does not require an employer to compensate an employee while performing election day duties.

EFFECTIVE DATE: April 17, 2002.

ACT 2002-413, HB231, establishes and provides for the Interstate Compact for Adult Offender Supervision.  The compact provides the framework for the promotion of public safety and protects the rights of victims through the control and regulation of the interstate movement of offenders in the community, provides for the effective tracking, supervision, and rehabilitation of offenders by the sending and receiving states, and provides for the equitable distribution of the costs, benefits, and obligations of the compact among the compacting states.  The act authorizes the Governor to execute the compact on behalf of the state.  The act repeals Section 15-22-1, Code of Alabama 1975, relating to compacts with other states on the supervision of parolees and probationers upon this compact being operative in the state.

EFFECTIVE DATE: Later of July 1, 2002, or upon enactment into law by the 35th state.

ACT 2002-414, HB35, amends Sections 40-26B-2 and 40-26B-4, Code of Alabama 1975,  relating to the levy of a privilege tax on prescriptions with a retail price of $3 or more, to impose the privilege tax on all prescriptions regardless of retail price.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-415, HB95, amends Section 15-18-62, Code of Alabama 1975, to revise the schedule for imprisonment in the county jail or hard labor for failure to pay assessed fines and costs.  The act also repeals Section 15-18-63, Code of Alabama 1975, relating to imprisonment in the county jail or hard labor for failure to pay assessed costs.

EFFECTIVE DATE: April 17, 2002.

ACT 2002-416, HB254, includes the director and employees of the Alabama State Council on the Arts in the Employees’ Retirement System on October 1, 2002, under certain conditions.

EFFECTIVE DATE: April 17, 2002.

ACT 2002-417, SB299, amends Sections 26-10A-7, 26-10A-9, 26-10A-14, 26-10A-17, 26-10A-18, and 26-10C-1, Code of Alabama 1975, relating to adoption.  The act provides for implied consent and withdrawal of implied consent for adoption, service and notice of adoption proceedings, and provides that registration with the putative father registry is the exclusive method for a putative father of a child born out of wedlock to receive notice to contest an adoption. The act has retroactive effect to January 1, 1997.

EFFECTIVE DATE: April 17, 2002.

ACT 2002-418, SB185, provides for the appointment of a delegation to participate in multistate discussions to consider whether the state should enter into an agreement with one or more states to simplify and modernize tax administration in order to substantially reduce the burden of tax compliance for sellers and for all types of commerce and provide a means by which sales and use taxes may be collected from remote sellers.  The act also amends Section 40-23-68, Code of Alabama 1975, relating to the payment of use taxes, to clarify that contracting for certain call center services does not subject a seller to the state use tax.

EFFECTIVE DATE: April 17, 2002.

ACT 2002-419, SB333, is the “Woman’s Right to Know Act.”  The act prohibits an abortion without voluntary and informed consent.  The act provides for what constitutes informed consent and states that the purpose of this act is to ensure that every woman considering an abortion receive complete information on the procedure, risks, and her alternatives. The act prohibits a person from coercing a minor to have an abortion.  The act also provides penalties for violations of the act.

EFFECTIVE DATE: October 14, 2002.

ACT 2002-420, HB183, appropriates $59,688 from the General Fund to the Elyton Recovery Center and $2,000,000 from the Alabama Veterans’ Assistance Fund to the Alabama Department of Veterans’ Affairs for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-424, HB20, amends Sections 12-14-53, 22-18-8, 22-25-16, and 36-21-7, Code of Alabama 1975, relating to reimbursement of training costs when one entity hires certain employees from another entity within 24 months of the employee’s completion of mandated training, to require reimbursement of transportation costs and other expenses related to training.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-425, HB551, amends Section 9-17-24, Code of Alabama 1975, relating to the State Oil and Gas Board, to require notice to the State Oil and Gas Supervisor and a fee prior to a proposal to fracture a coal group. The act is retroactive to September 1, 2001, as to any fee collected after September 1, 2001.

EFFECTIVE DATE: April 18, 2002.

ACT 2002-426, HB41, amends Sections 40-10-83, 40-10-122, and 40-10-132, Code of Alabama 1975, relating to the redemption of property sold for taxes.  The act provides for the ascertainment of the value of insurance and improvements plus interest to be included in the lien on land within an urban renewal or redevelopment area.  The act provides for the payment of the value of insurance and permanent improvement to a purchaser of land upon redemption and provides a method of demand for the payment and a process for resolving any disagreement.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-429, HB627, authorizes credit against the premium-tax liability of insurance companies for investments in qualified technology businesses.  The act authorizes the Alabama Development Office to administer the act.

EFFECTIVE DATE: April 18, 2002.

ACT 2002-430, HB464, extends active duty military protections and rights to members of the Alabama National Guard called or ordered by the Governor to state active duty for 30 consecutive days or more for emergencies or federally funded duty, other than training, for homeland security. 

EFFECTIVE DATE: July 1, 2002.

ACT 2002-431, HB38, is “The Anti-Terrorism Act of 2002.” The act creates the crimes of terrorism, soliciting or providing support for an act of terrorism, and hindering the prosecution of terrorism.  The act provides penalties for persons convicted of a crime pursuant to this act.

EFFECTIVE DATE: April 21, 2002.

ACT 2002-432, HB341, amends Section 25-4-72, Code of Alabama 1975, relating to unemployment compensation weekly benefits, to increase the maximum unemployment benefits by $20 per week for benefit years which began on or after July 1, 2002.

EFFECTIVE DATE: April 23, 2002.

ACT 2002-454, HB353, amends Section 17-4-156, Code of Alabama 1975, relating to working days of the members of the board of registrars in certain counties, to change the number of meeting days in several counties.

EFFECTIVE DATE: April 24, 2002.

ACT 2002-457, SB21, amends Sections 16-22A-1, 16-22A-2, 16-22A-3, 16-22A-5, 16-22A-6, 16-22A-7, 16-22A-8, 16-22A-9, 16-22A-10, 16-22A-12, 16-22A-13, 16-22A-14, 16-22A-15, 16-22A-16, and 16-22A-18, Code of Alabama 1975; designates Sections 16-22A-1 to 16-22A-18, inclusive, Code of Alabama 1975, as Article 1, Chapter 22A, Title 16, Code of Alabama 1975; adds Article 2, Chapter 22A, Title 16, Code of Alabama 1975, consisting of Sections 16-22A-30 to 16-22A-34, inclusive, relating to the Child Protection Act of 1999.  The act adds all current certified and noncertified employees of public educational facilities and current employees of nonpublic educational facilities who have or will have unsupervised access to any child, to individuals who are required to have a criminal history background information check.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-492, SB240, provides for execution of the death sentence by lethal injection unless the person elects to be executed by electrocution.  The act amends Sections 15-18-1 and 15-18-82, Code of Alabama 1975, to provide for execution by lethal injection.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-493, HB223, amends Section 25-4-10, Code of Alabama 1975, relating to employment recognized for unemployment compensation, to provide that certain employment under the Javits Wagner O’Day Act or a similar federal set-aside program qualifies as employment for purposes of the unemployment compensation law.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-494, HB581, authorizes the State Health Officer to implement a program to negotiate the purchase of pharmaceuticals for the Department of Mental Health and Mental Retardation, Department of Corrections, Department of Public Health, Department of Youth Services, and the Department of Rehabilitation Services.  The act requires that all purchase contracts for pharmaceuticals for the state agencies pursuant to this act shall be subject to the state competitive bid laws.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-495, HB493, amends Sections 22-35-1, 22-35-3, 22-35-4, 22-35-5, and 22-35-8, Code of Alabama 1975, relating to the Alabama Underground and Aboveground Storage Tank Trust Fund, to provide for the role of the fund when a release occurs. The act limits the liabilities of the fund in any given release to $1,000,000 per occurrence and prohibits the payment of moneys from the fund for punitive damages.

EFFECTIVE DATE: April 26, 2002.

 

ACT 2002-496, HB355, amends Sections 8-19-4, 8-19-5, 8-19-10, 8-19-12, and 40-25-14, Code of Alabama 1975, relating to the deceptive trade practices act and stamping of tobacco products, to include the possession, sale, or distribution of cigarettes that do not comply with federal regulations or law within the acts prohibited by the unlawful trade practices act.  The act also amends Section 40-2A-10, Code of Alabama 1975, relating to the confidentiality of tax returns under the Taxpayers’ Bill of Rights, to exempt returns and information governing the issuing or affixing of tobacco stamps from the prohibitions on disclosure.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-497, HB30, amends Section 14-8-40, Code of Alabama 1975, to provide that any inmate participating in a work release program does not have a cause of action against a county or community correction agency unless the county or community correction agent was willfully negligent.

EFFECTIVE DATE: April 26, 2002.

ACT 2002-498, HB61, is the “John G. Page, Jr., Act.”  The act allows certain health care facilities and hospice programs to transfer unused prescription medication to charitable clinics for use at the clinics under certain conditions.  The drugs distributed under the authority of this act may be dispensed only on the order of a licensed physician or other authorized licensed medical practitioner.

EFFECTIVE DATE: July1, 2002.

 

ACT 2002-499, HB273, amends Section 11-41-1, Code of Alabama 1975, relating to the incorporation of municipalities, to allow the unincorporated communities of Cahaba Heights and Pinson to incorporate even though they contain territory located closer than three miles to a Class 1 municipality if the total population of each of the unincorporated communities is at least 5,000.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-500, HB289, amends Section 16-26A-4, Code of Alabama 1975, relating to the membership of the Board of Trustees of the Alabama High School of Mathematics and Science, to allow various members of the board to designate a person to serve on the board in his or her stead.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-501, HB170, amends Section 39-7-17, Code of Alabama 1975, relating to municipal improvement authorities, to delete the limitation on the amount of compensation members of the boards of trustees may be paid.  The act allows the board to fix the compensation of each member of the board and deletes the authority of the board to provide fringe benefits for their members.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-502, HB15, amends Section 32-5A-191, Code of Alabama 1975, relating to driving while under the influence of alcohol or controlled substances, to provide for the distribution of fines for offenses charged as municipal ordinance violation where the fine is paid on an installment basis.  The act also provides for the release of a DUI record to an employer of a person under the age of 21.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-503, SB263, amends Sections 12-25-10 and 12-25-11, Code of Alabama 1975, relating to the Sentencing Commission, to extend the date of the report of the commission to the Legislature to before or during the 2003 Regular Session of the Legislature.  The act requires state agencies to provide access to offender information under certain conditions and makes the offender information received by the commission subject to the confidentiality requirements of the department or agency furnishing the information.

EFFECTIVE DATE: April 26, 2002.

ACT 2002-504, HB12, amends Section 16-25-11.16, Code of Alabama 1975, relating to credit in the Teachers’ Retirement System, to provide for purchase of credit for prior service with the Southeastern Educational Laboratory Program and for certain prior service in a certain nursing program at Walker College.

EFFECTIVE DATE: April 26, 2002.

ACT 2002-505, SB271, is the “Farm Animal, Crop, and Research Facilities Protection Act.”  The act prohibits the unauthorized possession, alteration, or destruction of any property at any animal or crop facility engaging in scientific research, education, or agricultural production of or involving animals and crops.  The act prescribes penalties for violations and charges the Commissioner of Agriculture and Industries with enforcing the act. The act specifically repeals Sections 13A-11-151 to 13A-11-154, Code of Alabama 1975.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-506, HB160, appropriates $4,726,461 from the Education Trust Fund to Tuskegee University in Tuskegee for the support and maintenance of the educational program of the institution for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-507, HB166, appropriates $1,336,661 from the Education Trust Fund to the State Council on the Arts for the support and maintenance of programs promoting the arts and related cultural resources throughout the state for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: October 1, 2002.

ACT 2002-508, HB86, amends Section 36-26-100, Code of Alabama 1975, relating to the Fair Dismissal Act, to include production workers at the Alabama Industries for the Blind and full-time instructors in the definition of employees for purposes of this act.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-510, SB235, amends Section 9-2-13, Code of Alabama 1975, that allows the Commissioner of Conservation and Natural Resources to prohibit the importation of certain animals, birds, reptiles, amphibians, and fish, to increase penalties for unlawful importation in violation of regulations adopted by the commissioner.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-511, SB293, amends Sections 10-4-115 and 27-21A-23, Code of Alabama 1975, to make certain health care service plans and health maintenance organizations subject to the statutes which require group health benefit plans to offer coverage for mental illness.

EFFECTIVE DATE: January 1, 2001.

ACT 2002-512, SB312, amends Section 34-9-10, Code of Alabama 1975, relating to dentists, dental hygienists, and the practice of dentistry, to clarify the process for the licensing of out-of-state dentists by credentials.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-513, SB516, authorizes the State Fire Marshal to enforce fire protection and prevention laws, regulations, and ordinances at the University of Montevallo.  The act allows the State Fire Marshal to appoint the Chief of Police and the Director of the Physical Plant at the University of Montevallo as deputies.

EFFECTIVE DATE: April 26, 2002.

ACT 2002-514, HB85, amends Section 34-11-1, Code of Alabama 1975,  relating to the licensing requirements of professional engineers and land surveyors by the State Board of Licensure for Professional Engineers and Land Surveyors, to eliminate the requirement that faculty members of institutions of higher education who are teaching upper level design engineering courses be licensed by the state board.

EFFECTIVE DATE: July 1, 2002.

ACT 2002-515, HB96, amends Sections 16-61A-1 to 16-61A-8, inclusive, Code of Alabama 1975, relating to the Uniform Management of Institutional Funds Act, to expand the application from educational institutions to institutions for educational, religious, or charitable purposes.

EFFECTIVE DATE: September 1, 2002.

ACT 2002-516, HB575, amends Section 40-15-13, Code of Alabama 1975 relating to estate and inheritance tax and the affidavit required to be filed by a personal representative regarding taxation of an estate. The act removes the requirement that the affidavit contain the value of the estate and the acknowledgment by the personal representative of the personal liability for any tax later determined to be due by the estate.

EFFECTIVE DATE: April 26, 2002.

ACT 2002-517, HB216, amends Sections 34-14B-2 to 34-14B-6, inclusive, 34-14B-8 and 34-14B-9, Code of Alabama 1975, relating to the Alabama Home Inspectors Registration Act.  The act provides for licensing by the Building Commission rather than registration with the Secretary of State and authorizes the Building Commission to promulgate an Alabama Home Inspectors Code of Ethics and an Alabama Home Inspectors Standards of Practice.  The act also provides penalties for violation of the Alabama Home Inspectors Registration Act.

EFFECTIVE DATE: April 26, 2002.

ACT 2002-518, HB376, amends Sections 7-9A-320, 7-9A-523, 7-9A-210, and 7-9A-516, Code of Alabama 1975, relating to secured transactions.  The act allows a security interest in farm products bought and sold in the ordinary course of business under specified conditions.  The act requires the Secretary of State to implement a central indexing system and develop a list of buyers of farm products, commission merchants, and selling agents.  The act creates the Alabama Farmers Credit Protection Fund in the State Treasury and provides that all funds, fees, charges, costs, and collections collected by the Secretary of State relating to security interest in farm products are to be deposited to the credit of the fund.

EFFECTIVE DATE: August 1, 2002.

ACT 2002-519, HB57, amends Sections 36-21-8 and 36-21-40, 36-30-1, Code of Alabama 1975, relating to the powers, duties, and benefits of law enforcement officers, to include within the definition of law enforcement officers, enforcement officers of the Public Service Commission.  The act also adds enforcement officers of the Public Service Commission, campus police at a state institution, or any other state agency that requires its officers to be certified by the Peace Officers’ Standards and Training Commission to the list of persons required to be given, as part of his or her retirement benefits, without cost, his or her badge and pistol.

EFFECTIVE DATE: April 26, 2002.

ACT 2002-521, HB456, amends Sections 34-21A-2 and 34-21A-12, Code of Alabama 1975, relating to the regulation of onsite wastewater systems, to delete from the definition of onsite wastewater system the requirement that the sewage be on the property where it originates or on adjacent property.  The act requires a pumper license for those involved in pumping, cleaning, servicing or maintenance, or both, of onsite wastewater systems and receptacles.

EFFECTIVE DATE: April 26, 2002.

ACT 2002-522, HB42, authorizes any incorporated municipality to demolish or repair an unsafe structure that has become a public nuisance and to collect an assessment lien on the property for the cost of work involved in demolishing or repairing the structure.  The act prescribes the procedures for sale of property upon the failure of the owner to pay an assessment and interest on the property. 

EFFECTIVE DATE: July 1, 2002.

ACT 2002-523, HB228, provides for the promotion of the production, marketing, use, and sale of sheep and goats and their products.  The act authorizes referendums for members of the sheep and goat industry to organize and levy upon themselves assessments for financing the promotion programs and prescribes penalties for violations of the act.

EFFECTIVE DATE: Contingent upon the ratification of a constitutional amendment authorizing the Legislature to provide for the promotion of the sheep and goat industry.

ACT 2002-524, HB450, amends Section 41-23-22, Code of Alabama 1975, to remove the 15-year limit on the life of enterprise zones.

EFFECTIVE DATE: April 26, 2002.

 

ACT 2002-525, HB681, amends Section 40-23-68, Code of Alabama 1975,  relating to the payment of use taxes, to clarify that contracting for certain call center services does not subject a seller to the state use tax.

EFFECTIVE DATE: April 26, 2002.

ACT 2002-526, HB301, amends Section 5-25-5, Code of Alabama 1975, relating to the regulation and licensing of persons engaged in the business of mortgage banking, to add the National Minority Bankers Association, Incorporated, and the Alabama Bankers Association to those organizations allowed to approve courses of continuing education in primary and subordinated financing transactions.

EFFECTIVE DATE: April 26, 2002.

ACT 2002-527, HB478, is the Prosthetics and Orthotics Act.  The act provides for the regulation and licensing of persons administering prosthetic and orthotic care and orthotic suppliers.  The act creates the Alabama State Board of Prosthetists and Orthotists and provides for its powers, duties, and responsibilities and creates the Alabama State Board of Prosthetists and Orthotists Fund to receive funds collected by the board.  The act prescribes penalties for violations of the act. 

EFFECTIVE DATE: July 1, 2002.

ACT 2002-528, HB465, transfers all the personnel, funding, duties, powers, and functions of the Adult Education program and services, the State Approving Agency program and services, and the Private School Licensure program and services for postsecondary proprietary schools from the State Department of Education to the Postsecondary Education Department.

EFFECTIVE DATE: April 26, 2002.