SUMMARIES OF GENERAL LAWS ENACTED
AND CONSTITUTIONAL AMENDMENTS PROPOSED

By the Legislature of Alabama

at the
2003 SECOND SPECIAL SESSION
September 15 to September 26, 2003

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

INDEX TO SUMMARIES OF GENERAL LAWS ENACTED AND CONSTITUTIONAL

AMENDMENTS PROPOSED BY THE LEGISLATURE OF ALABAMA

AT THE 2003 SECOND SPECIAL SESSION

ACT

BILL

2003-408

HB14

2003-409

HB28

2003-413

SB38

2003-414

SB1

2003-415

HB3

2003-430

SB39

2003-432

HB73

2003-433

SB9

2003-436

HB11

2003-437

HB1

2003-438

SB8

2003-473

SB11

2003-474

SB90

2003-475

SB98

2003-476

SB99

2003-477

SB100

2003-478

SB22

2003-479

SB101

2003-480

SB102

2003-482

HB77

2003-483

SB10

ACT

BILL

2003-484

SB59

2003-485

SB63

2003-486

SB85

2003-487

SB88

2003-488

SB89

2003-489

SB91

2003-490

SB96

2003-491

SB97

2003-492

SB103

2003-493

SB82

2003-494

SB86

2003-495

SB87

2003-496

SB92

2003-497

SB93

2003-498

SB94

2003-499

SB95

2003-501

SB27

2003-502

SB58

2003-503

SB26

2003-504

HB97

2003-505

HB98

ACT

BILL

2003-506

HB99

2003-507

HB100

2003-508

HB101

2003-509

HB103

2003-510

HB104

2003-511

HB105

2003-512

HB106

2003-513

HB107

2003-516

SB41

2003-517

HB2

2003-518

HB94

2003-519

HB95

2003-520

HB96

2003-521

HB102

2003-522

HB110

2003-523

HB111

2003-524

HB113

2003-526

HB109

2003-529

HB108


HOUSE BILLS

 

Act 2003-408, HB14, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Etowah County, to authorize Etowah County and any municipality located 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 2003-409, HB28, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Baldwin County, to authorize Baldwin County and any municipality located 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 2003-413, SB38, proposes an amendment to Amendment 538 to the Constitution of Alabama of 1901, pertaining only to Fayette County, to authorize the Tom Bevill Reservoir Management Area Authority to enter into contracts and accept grants from other authorities organized pursuant to the laws of this state. This act is identical to Act 2003-432.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-414, SB1, proposes an amendment to Amendment 648 to the Constitution of Alabama of 1901, pertaining only to Mobile County, to specifically include the sheriff within the group of certain elected and appointed county officials prohibited from participating in the supernumerary program and allowed to participate in the Employees' Retirement System.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-415, HB3, amends Sections 15-22-20, 15-22-23, and 17-3-10, Code of Alabama 1975, relating to the Pardons and Paroles Board, to provide for the appointment of four special members to the board, to serve from October 1, 2003, to September 30, 2006, to allow the board to sit in two panels of three members for the purpose of conducting hearings and making decisions concerning pardons, paroles, restoration of political and civil rights, remission of fines and forfeitures, and revocations. The act adds Section 15-22-36.1 to the Code of Alabama 1975, to provide a procedure for the restoration of eligibility to register to vote of former probationers, parolees, and inmates who have satisfactorily completed conditions of their sentence. The act also creates a temporary Joint Legislative Oversight Committee on Pardons and Paroles.

EFFECTIVE DATE: September 25, 2003.

 

2003-430, SB39, amends Section 32-6-17, Code of Alabama 1975, relating to the Department of Public Safety, to delete the requirement that the department use certified mail to notify a person that their drivers license has been suspended, cancelled, or revoked.

EFFECTIVE DATE: September 26, 2003.

 

Act 2003-432, HB73, proposes an amendment to Amendment 538 to the Constitution of Alabama of 1901, pertaining only to Fayette County, to authorize the Tom Bevill Reservoir Management Area Authority to enter into contracts and accept grants from other authorities organized pursuant to the laws of this state. This act is identical to Act 2003-413.

EFFECTIVE DATE: Contingent upon ratification.

 


Act 2003-433, SB9, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Greene Co., to authorize the operation of bingo games by nonprofit organizations for charitable, educational, and other lawful purposes.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-436, HB11, authorizes the Alabama Public School and College Authority to sell and issue additional bonds in the amount of $15,400,000 for rebuilding certain destroyed schools in Etowah County, Henry County, and Walker County, and for replacing coal and wood-burning furnaces at certain schools in Lowndes County.

EFFECTIVE DATE: September 29, 2003.

 

Act 2003-437, HB1, is the General Fund Budget. The act makes appropriations for the ordinary expenses of the executive, legislative, and judicial agencies of the state for capital outlay for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-438, SB8, 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, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-473, SB11, amends Section 16-25A-8, Code of Alabama 1975, relating to the Public Education Employees' Health Insurance Board, to require nonparticipating universities to pay the cost of insuring retired employees who elect to participate in the Public Education Employees’ Health Insurance Plan.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-474, SB90, appropriates $152,109 from the Education Trust Fund to the Children's and Women's Hospital in Mobile for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-475, SB98, appropriates $66,833 from the Education Trust Fund and $12,666 from the State General Fund to AIDS Alabama in Birmingham for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-476, SB99, appropriates $977,833 from the Education Trust Fund to the Department of Postsecondary Education, to be used for the support and maintenance of emergency medical services programs, for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: September 30, 2003.

 

Act 2003-477, SB100, appropriates $22,278 from the Education Trust Fund to the Epilepsy Foundation of North and Central Alabama in Birmingham ($13,300) and the Epilepsy Chapter of Mobile and Gulf Coast ($8,978) for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-478, SB22, amends Section 32-9A-2, Code of Alabama 1975, relating to commercial motor vehicles and the application in this state of the United States Department of Transportation motor carrier safety regulations, to exempt certain utility service vehicles, other motor vehicles engaged solely in intrastate commerce, and vehicles responding to emergency situations from hours of service requirements unless the exemption would result in the loss of federal Motor Carrier Safety Assistance Program funding.

EFFECTIVE DATE: September 30, 2003.


Act 2003-479, SB101, appropriates $96,662 from the Education Trust Fund to the State Board of Education for special programs, schools, and services for special education for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-480, SB102, appropriates $79,668 from the Education Trust Fund to the Helen Keller Eye Research Foundation in Birmingham for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-482, HB77, amends Section 34-36-7, Code of Alabama 1975, relating to the Board of Electrical Contractors, to authorize the board to recognize licenses issued by another state if that state has standards of practice equal to or higher than those of this state.

EFFECTIVE DATE: September 30, 2003.

 

Act 2003-483, SB10, amends Sections 22-35-4 to 22-35-7, inclusive, and Section 22-35-9, Code of Alabama 1975, relating to the Alabama Underground and Aboveground Storage Tank Trust Fund, to replace the advisory board with a nine-member management board, to bar the collection of delinquent tank fees after two years of delinquency, to revise the per gallon fee on the withdrawal of motor fuel from bulk, to provide a time frame for the submission and approval of proposals for response action services, to set the financial responsibility of third-party claims at $5,000, and to authorize the appropriation of additional monies from the fund to the Department of Environmental Management.

EFFECTIVE DATE: September 30, 2003.

 

Act 2003-484, SB59, appropriates $2,363,230 from the Education Trust Fund to Tuskegee University for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-485, SB63, appropriates $242,504 from the Education Trust Fund to Talladega College for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-486, SB85, appropriates $19,172 from the Education Trust Fund to the Alabama League for the Advancement of Education in Montgomery for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-487, SB88, appropriates $7,919 from the Education Trust Fund to the Department of Human Resources for distribution to the Adam Bishop Center in Walker County ($3,760) and Children’s Village, Inc., in Jefferson County ($4,159) for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-488, SB89, appropriates $27,513 from the Education Trust Fund to the Central Alabama Opportunities Industrialization Center in Montgomery for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-489, SB91, appropriates $17,823 from the Education Trust Fund to the Alabama Sports Festival in Montgomery for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 


Act 2003-490, SB96, appropriates $262,918 from the Education Trust Fund to the Childcare Resource Network for the East Alabama Child Development Program for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-491, SB97, appropriates $334,166 from the Education Trust Fund to the State Council on the Arts for distribution to the Children's Theatre of Birmingham ($47,528 with $5,941 of that amount being further distributed to the Summerfest Children's Theatre), Children's Hands on Museum in Tuscaloosa County ($77,233), Gulf Coast Exploreum Science Center ($74,262), McWane Center in Jefferson County ($74,262), Humanities Foundation ($37,131), and the North Alabama Science Center ($23,750) for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-492, SB103, appropriates $211,636 from the Education Trust Fund to Children's Hospital in Birmingham for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-493, SB82, appropriates $207,139 from the Education Trust Fund to the Marion Military Institute for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003

 

Act 2003-494, SB86, appropriates $77,233 from the Education Trust Fund to the Department of Archives and History for distribution to the Birmingham Civil Rights Museum ($29,705), Constitution Village in Madison County ($29,705), and the National Voting Rights Museum and Institution in Dallas County ($17,823) for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-495, SB87, appropriates $2,101 from the Education Trust Fund to the Alabama Law Institute for the YMCA Youth in Government program for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-496, SB92, appropriates $96,664 from the Education Trust Fund to the Lyman Ward Military Academy in Camp Hill for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-497, SB93, appropriates $122,526 from the Education Trust Fund to Camp ASCCA in Jackson Gap for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-498, SB94, appropriates $1,188 from the Education Trust Fund to the State Department of Education for the Macon County YMCA for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-499, SB95, appropriates $14,853 from the Education Trust Fund to the Kate Duncan Smith DAR School in Marshall County for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 


Act 2003-501, SB27, amends Section 36-26-26, Code of Alabama 1975, relating to state employees, to prohibit state agencies from laying off State Merit System employees before contract employees in similar positions and to require that vacant Merit System positions be filled first by any laid off State Merit System employee before a contract or nonmerit employee may be placed in the position. This act terminates on October 1, 2005.

EFFECTIVE DATE: September 30, 2003.

 

Act 2003-502, SB58, repeals Act 2003-125, 2003 Regular Session, proposing an amendment to the Constitution of Alabama of 1901, pertaining only to Walker County, providing for the creation of the Corridor X Parkway Authority.

EFFECTIVE DATE: September 30, 2003.

 

Act 2003-503, SB26, classifies any trade or business operating in a county with a population under 30,000, that is engaged in the postharvest processing of peanuts as described in the 1987 Standard Industrial Classification Manual, as an industrial or research enterprise for purposes of the Tax Incentive Reform Act of 1992, and provides for the abatement of state and local taxes, excluding education taxes, pursuant to that act.

EFFECTIVE DATE: September 30, 2003, retroactive to April 1, 2003.

 

Act 2003-504, HB97, appropriates $15,141 from the State General Fund to the Tri-Rivers Waterway Development Authority for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-505, HB98, appropriates $24,125 from the State General Fund to the Alabama Travel Council in Montgomery for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-506, HB99, appropriates $24,125 from the State General Fund to the Shoals Entrepreneurial Center, Inc., in Florence for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-507, HB100, appropriates $70,347 from the State General Fund to the Retired Senior Volunteer Program for distribution to the Foster Grandparent and Senior Companions Programs ($7,738) and the Retired Senior Volunteer Programs ($62,609) for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-508, HB101, appropriates $46,465 from the State General Fund to Prevent Child Abuse Alabama in Montgomery for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-509, HB103, appropriates $24,125 from the State General Fund to the Montgomery Minority Business Development Center at Trenholm State Technical College for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-510, HB104, appropriates $7,238 from the State General Fund to the Lighthouse Counseling Center for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 


Act 2003-511, HB105, appropriates $90,469 from the State General Fund to the Alabama Kidney Foundation, Inc., for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-512, HB106, appropriates $14,922 from the State General Fund to the Elyton Recovery Center for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-513, HB107, appropriates $22,543 from the State General Fund to the Coosa-Alabama River Improvement Association for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-516, SB41, provides a procedure for the owner of a manufactured dwelling community to declare a manufactured dwelling, and certain personal property, as abandoned property when a tenant fails to make payment pursuant to agreement with the owner.

EFFECTIVE DATE: December 1, 2003.

 

Act 2003-517, HB2, appropriates $77,259,924 from the Children First Trust Fund for distribution to those entities specified in Section 41-15B-2.2, Code of Alabama 1975, for the fiscal year ending September 30, 2004; appropriates $52,766,851 from additional tobacco settlements funds to the Department of Children's Affairs ($227,348), 21st Century Debt Service ($13,000,000), the Senior Services Trust Fund ($5,024,503), the Department of Senior Services – CASA ($15,000), the Alabama Medicaid Agency ($32,000,000), and the Department of Senior Services - Medicaid Waiver ($2,500,000) for the fiscal year ending September 30, 2004; and conditionally appropriates any additional tobacco revenues received for the fiscal year ending September 30, 2004, subject to certain notification, operational reporting, and audit procedures.

EFFECTIVE DATE: September 30, 2003.

 

Act 2003-518, HB94, appropriates $3,146 from the State General Fund to the Alabama's Junior Miss Pageant for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-519, HB95, appropriates $18,750 from the State General Fund to the Waste Reduction and Technology Transfer Foundation for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-520, HB96, appropriates $16,871 from the State General Fund to the Warrior-Tombigbee Development Association for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-521, HB102, appropriates $25,000 from the State General Fund to the Parkinson Association of Alabama for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-522, HB110, appropriates $8,456 from the State General Fund to the Beacon House-Jasper for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 


Act 2003-523, HB111, appropriates $12,063 from the State General Fund to the Autism Society of Alabama in Birmingham for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-524, HB113, appropriates $13,594 from the State General Fund to the America's Junior Miss Pageant for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-526, HB109, appropriates $840,600 from the State General Fund to the Children's Advocacy Programs in Alabama for the Children's Advocacy Centers and the Alabama Network of Children's Advocacy Centers, Inc., for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-529, HB108, appropriates $503,583 from the State General Fund to the Coalition Against Domestic Violence for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: October 1, 2003.