SUMMARIES OF GENERAL LAWS ENACTED
AND CONSTITUTIONAL AMENDMENTS PROPOSED

By the Legislature of Alabama

at the
2003 REGULAR SESSION
March 4 through June 16, 2003

and the

FIRST SPECIAL SESSION, 2003
May 19 through June 7, 2003

 

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

(LRS 2003-3576)

REGULAR SESSION: ACTS | HOUSE BILLS | SENATE BILLS | SUMMARIES

SPECIAL SESSION: ACTS | HOUSE BILLS | SENATE BILLS


INDEX TO SUMMARIES OF GENERAL LAWS ENACTED AND CONSTITUTIONAL

AMENDMENTS PROPOSED BY THE LEGISLATURE OF ALABAMA

AT THE 2003 REGULAR SESSION


ACTS

2003 REGULAR SESSION

ACT

BILL

2003-55

SB38

2003-57

HB93

2003-58

HB92

2003-59

HB90

2003-60

HB89

2003-61

HB87

2003-62

HB88

2003-65

HB85

2003-66

HB86

2003-120

HB514

2003-121

HB506

2003-122

HB361

2003-123

HB585

2003-124

HB660

2003-125

HB457

2003-126

HB124

2003-127

HB720

2003-128

HB599

2003-129

HB666

2003-139

HB82

2003-140

HB83

2003-141

HB84

2003-142

HB91

2003-150

HB20

2003-186

SB221

2003-187

SB321

2003-188

SB479

2003-189

SB499

2003-203

HB587

2003-204

HB740

2003-205

HB680

2003-249

HB518

2003-271

HB56

2003-272

HB262

2003-273

HB199

2003-275

HB254

ACT

BILL

2003-276

HB335

2003-277

HB345

2003-297

HB603

2003-298

HB34

2003-299

HB388

2003-300

SB49

2003-302

SB87

2003-303

SB376

2003-304

SB320

2003-305

HB336

2003-311

HB127

2003-312

HB60

2003-313

HB419

2003-314

SB126

2003-331

HB322

2003-332

HB186

2003-334

HB70

2003-336

SB218

2003-337

HB59

2003-338

HB534

2003-339

HB113

2003-340

HB37

2003-341

HB654

2003-342

HB128

2003-344

HB47

2003-345

HB187

2003-346

HB312

2003-347

HB28

2003-348

HB196

2003-349

HB197

2003-350

SB101

2003-352

SB23

2003-353

HB490

2003-354

HB489

2003-355

HB491

2003-356

SB441

ACT

BILL

2003-358

HB772

2003-359

HB178

2003-363

HB579

2003-364

HB157

2003-369

HB110

2003-370

HB705

2003-371

HB537

2003-372

HB536

2003-375

SB225

2003-376

SB519

2003-378

HB418

2003-380

SB6

2003-381

HB193

2003-382

SB522

2003-383

SB121

2003-384

SB292

2003-385

SB383

2003-386

HB765

2003-387

HB776

2003-388

HB329

2003-389

HB314

2003-390

HB650

2003-391

HB43

2003-392

HB143

2003-393

HB134

2003-394

HB375

2003-395

SB392

2003-396

HB440

2003-397

HB434

2003-398

HB115

2003-399

SB430

2003-400

HB174

2003-401

HB188

2003-402

HB555

2003-403

HB629

HOUSE BILLS

2003 REGULAR SESSION

HOUSE
BILL

ACT

HB20

2003-150

HB26

2003-71

HB28

2003-347

HB34

2003-298

HB37

2003-340

HB43

2003-391

HB47

2003-344

HB56

2003-271

HB59

2003-337

HB60

2003-312

HB70

2003-334

HB82

2003-139

HB83

2003-140

HB84

2003-141

HB85

2003-65

HB86

2003-66

HB87

2003-61

HB88

2003-62

HB89

2003-60

HB90

2003-59

HB91

2003-142

HB92

2003-58

HB93

2003-57

HB110

2003-369

HB113

2003-339

HB115

2003-398

HB124

2003-126

HB127

2003-311

HB128

2003-342

HOUSE
BILL

ACT

HB134

2003-393

HB143

2003-392

HB157

2003-364

HB174

2003-400

HB178

2003-359

HB186

2003-332

HB187

2003-345

HB188

2003-401

HB193

2003-381

HB196

2003-348

HB197

2003-349

HB199

2003-273

HB254

2003-275

HB262

2003-272

HB312

2003-346

HB314

2003-389

HB322

2003-331

HB329

2003-388

HB335

2003-276

HB336

2003-305

HB345

2003-277

HB361

2003-122

HB375

2003-394

HB388

2003-299

HB418

2003-378

HB419

2003-313

HB434

2003-397

HB440

2003-396

HB457

2003-125

HOUSE
BILL

ACT

HB489

2003-354

HB490

2003-353

HB491

2003-355

HB506

2003-121

HB514

2003-120

HB518

2003-249

HB534

2003-338

HB536

2003-372

HB537

2003-371

HB555

2003-402

HB579

2003-363

HB585

2003-123

HB587

2003-203

HB599

2003-128

HB603

2003-297

HB629

2003-403

HB650

2003-390

HB654

2003-341

HB660

2003-124

HB666

2003-129

HB680

2003-205

HB705

2003-370

HB720

2003-127

HB740

2003-204

HB765

2003-386

HB772

2003-358

HB776

2003-387

SENATE BILLS

2003 REGULAR SESSION

SENATE
BILL

ACT

SB6

2003-380

SB23

2003-352

SB38

2003-55

SB49

2003-300

SB87

2003-302

SB101

2003-350

SB121

2003-383

SB126

2003-314

SENATE
BILL

ACT

SB218

2003-336

SB221

2003-186

SB225

2003-375

SB292

2003-384

SB320

2003-304

SB321

2003-187

SB376

2003-303

SB383

2003-385

SENATE
BILL

ACT

SB392

2003-395

SB430

2003-399

SB441

2003-356

SB479

2003-188

SB499

2003-189

SB519

2003-376

SB522

2003-382

INDEX TO

SUMMARIES OF GENERAL LAWS ENACTED AND CONSTITUTIONAL

AMENDMENTS PROPOSED BY THE LEGISLATURE OF ALABAMA

AT THE 2003 FIRST SPECIAL SESSION 

 

ACTS

2003 FIRST SPECIAL SESSION


ACT

BILL

2003-71

HB26

2003-74

HB10

2003-75

HB37

2003-76

HB48

2003-77

SB8

2003-78

HB1

2003-101

HB13

2003-102

HB14

2003-103

SB2

ACT

BILL

2003-104

SB1

2003-105

SB7

2003-106

SB3

2003-107

HB7

2003-108

HB4

2003-109

HB2

2003-110

HB40

2003-111

SB4

2003-112

SB10

ACT

BILL

2003-113

SB16

2003-114

SB24

2003-115

HB25

2003-116

HB19

2003-117

HB9

2003-118

HB11

2003-119

HB3

2003-191

SB5

2003-192

SB18

HOUSE BILLS

2003 FIRST SPECIAL SESSION

HOUSE
BILL

ACT

HB1

2003-78

HB2

2003-109

HB3

2003-119

HB4

2003-108

HB7

2003-107

HB9

2003-117

HOUSE
BILL

ACT

HB10

2003-74

HB11

2003-118

HB13

2003-101

HB14

2003-102

HB19

2003-116

HB25

2003-115

HOUSE
BILL

ACT

HB26

2003-71

HB37

2003-75

HB40

2003-110

HB48

2003-76

SENATE BILLS

2003 FIRST SPECIAL SESSION

SENATE
BILL

ACT

SB1

2003-104

SB2

2003-103

SB3

2003-106

SB4

2003-111

SENATE
BILL

ACT

SB5

2003-191

SB7

2003-105

SB8

2003-77

SB10

2003-112

SENATE
BILL

ACT

SB16

2003-113

SB18

2003-192

SB20

2003-193

SB24

2003-114

 

2003 REGULAR SESSION AND 1ST SPECIAL SESSION SUMMARIES

 

Act 2003-55, SB38, Reg. Sess., appropriates $1,875,000 from the Corrections Land Sale Proceeds Fund of the State General Fund to the Department of Corrections for the fiscal year ending September 30, 2003, and appropriates $2,700,000 from the State General Fund to the Department of Corrections for the fiscal year ending September 30, 2003.

EFFECTIVE DATE: April 9, 2003.

 

Act 2003-57, HB93, Reg. Sess., continues the existence and functioning of the Alabama Board of Cosmetology pursuant to the Alabama Sunset Law until October 1, 2004.

EFFECTIVE DATE: April 30, 2003.

 

Act 2003-58, HB92, Reg. Sess., continues the existence and functioning of the Alabama Onsite Wastewater Board pursuant to the Alabama Sunset Law.  The act also amends Sections 34-21A-2 and 34-21A-3, Code of Alabama 1975, to delete the act of pumping from the definition of the term servicing and to specify that members of the board shall serve four-year terms.

EFFECTIVE DATE: April 30, 2003.

 

Act 2003-59, HB90, Reg. Sess., continues the existence and functioning of the Alabama Athlete Agents Commission pursuant to the Alabama Sunset Law.  The act also amends Section 8-26A-30, Code of Alabama 1975, to provide for diversity in the membership of the commission and to provide further for the compensation and reimbursement of expenses of commission members.

EFFECTIVE DATE: May 1, 2003.

 

Act 2003-60, HB89, Reg. Sess., continues the existence and functioning of the Alabama Board of Examiners of Landscape Architects pursuant to the Alabama Sunset Law.  The act also amends Sections 34-17-2 and 34-17-25, Code of Alabama 1975, to provide for diversity in the membership of the board and to equalize the annual license fee for residents and nonresidents.

EFFECTIVE DATE: May 12, 2003.

 

Act 2003-61, HB87, Reg. Sess., continues the existence and functioning of the Polygraph Examiners Board pursuant to the Alabama Sunset Law.  The act also amends Sections 34-25-4 and 34-25-29, Code of Alabama 1975, to provide for diversity in the membership of the board, increase the membership of the board, and provide a grace period and penalty for late renewal of licenses.

EFFECTIVE DATE: May 12, 2003.

 

Act 2003-62, HB88, Reg. Sess., continues the existence and functioning of the Alabama State Board of Occupational Therapy pursuant to the Alabama Sunset Law.  The act amends Sections 34-39-3 and 34-39-6, Code of Alabama 1975, to authorize optometrists to refer patients for occupational therapy services and to provide for diversity in the membership of the board.

EFFECTIVE DATE: May 13, 2003.

 

Act 2003-65, HB85, Reg. Sess., continues the existence and functioning of the Department of Insurance pursuant to the Alabama Sunset Law until October 1, 2004.

EFFECTIVE DATE: May 19, 2003.

 

Act 2003-66, HB86, Reg. Sess., 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 and 34-16-5, Code of Alabama 1975, to provide for diversity in the membership of the board and for the lapse and expiration of licenses.

EFFECTIVE DATE: May 19, 2003.

 

Act 2003-71, HB26, 1st Sp. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Walker County, to create the Corridor X Parkway Authority in Walker County.  The act authorizes the authority to exercise zoning authority outside the state’s right-of-way within one mile of any interchange on a limited access highway and within one-half mile of the state’s right-of-way along any limited access highway in the county.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-74, HB10, 1st Sp. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Walker 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 2003-75, HB37, 1st Sp. Sess., proposes an amendment to Amendment 634 to the Constitution of Alabama of 1901, to revise the purposes for which additional court costs on each civil and criminal case filed in Conecuh County and additional fees for the service of all pleadings and other documents in connection with any of the cases as a result of Amendment 634 may be expended.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-76, HB48, 1st Sp. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Pickens 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 2003-77, SB8, 1st Sp. Sess., proposes an amendment to the Constitution of Alabama of 1901, to levy additional court costs in the 24th Judicial Circuit consisting of Fayette, Lamar, and Pickens Counties and to provide that the additional revenue be distributed to the West Alabama Children’s Advocacy Center for abuse victims.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-78, HB1, 1st Sp. Sess., proposes an amendment to the Constitution of Alabama of 1901, to create the Alabama Excellence Initiative Fund as a separate fund in the State Treasury to receive additional revenues generated by the amendment that would otherwise be dedicated to particular purposes or “earmarked” and by other legislation contingent upon adoption of the amendment. The amendment amends Sections 214, 217, and 260 of the Constitution of Alabama of 1901.  The amendment provides for adjustments to ad valorem and income tax rates and eliminates certain deductions from corporate and individual income taxation.  The amendment also establishes the General Fund Rainy Day Account and provides a repayment method for the Education Fund Rainy Day Account and the General Fund Rainy Day Account.  The implementation of all tax and accountability measures passed at the 2003 First Special Session, except Act 2003-104, is contingent upon approval of this amendment by the voters of the state.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-101, HB13, 1st Sp. Sess., amends Section 27-4A-3, Code of Alabama 1975, relating to insurance premium tax, to limit the amount a property and casualty insurer may reduce the 3.6 percent premium tax rate due to economic development activities in the state to two percent.  The act eliminates the examination expense credit against the insurance premium tax liability and reduces the 60 percent credit of the business privilege tax paid to each insurance company to a 30 percent credit allowed against its insurance premium tax liability.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-102, HB14, 1st Sp. Sess., amends Sections 40-14A-1, 40-14A-22, 40-14A-23, 40-14A-24, 40-14A-25, 40-14A-26, and 40-14A-29, Code of Alabama 1975, to clarify the definition of taxable income.  The act also reduces the business privilege tax on banks and alters minimum and maximum tax rates.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-103, SB2, 1st Sp. Sess., amends Sections 16-24-5, 16-24-6, 16-24-7, 16-24-9, and 16-24-10, Code of Alabama 1975, and adds new Sections 16-24-14 to 16-24-21, inclusive, to Chapter 24 of Title 16 of the Code of Alabama 1975, relating to the Teacher Tenure Act.  The act streamlines the contest and appeal processes for teachers and clarifies the procedures to be followed when a teacher is suspended.  The act provides that teachers will have contract cancellations, transfers, and suspension contests heard by a hearing officer from the United States Federal Mediation and Conciliation Service and provides that the hearing officer’s decision in cancellations and suspensions for greater than seven days without pay may be appealed by either party to the Court of Civil Appeals.  The act also repeals Sections 16-24-30 to 16-24-38, inclusive, Code of Alabama 1975.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-104, SB1, 1st Sp. Sess., establishes the Foundation Program funding divisors for the state allocation of teacher units for the fiscal year ending September 30, 2004.  The act requires that local boards of education, the Department of Youth Services School District, and the Alabama Institute for Deaf and Blind employ the same number of instructional support and classified staff in the 2004 Fiscal Year as employed in the current year unless there is a decline in average daily membership.  The act also requires the education budget act to be enacted no later than September 30, 2003.

EFFECTIVE DATE: June 11, 2003.  EXPIRATION DATE: September 30, 2004.

 

Act 2003-105, SB7, 1st Sp. Sess., creates financial incentive programs for certified teachers and certified student teachers in approved teacher education programs who agree to teach for a three-year period in underserved geographical areas or underserved subject matter areas.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-106, SB3, 1st Sp. Sess., amends Sections 36-26-103 to 36-26-108, inclusive, Code of Alabama 1975, and adds Sections 36-26-109 to 36-26-115, inclusive, to the Code of Alabama 1975, relating to the Fair Dismissal Act for public school employees.  The act revises the contest and appeal processes for employees of local boards of education, two-year colleges, the Alabama Institute for Deaf and Blind, and non-merit employees of the Department of Youth Services.  The act provides that employees have termination, transfer, and suspension contests heard by a hearing officer appointed by the United States Federal Mediation and Conciliation Service and that the hearing officer’s decision in termination and suspensions for over seven days without pay may be appealed by either party to the Court of Civil Appeals.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-107, HB7, 1st Sp. Sess., amends Sections 40-22-1 and 40-22-2, Code of Alabama 1975, relating to the deed recording tax and the mortgage recording tax.  The act increases the deed recording tax from $.50 to $1.00 per $500 or fraction thereof in value of property conveyed and increases the mortgage recording tax from $.15 to $.30 per $100 or fraction thereof on secured indebtedness.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-108, HB4, 1st Sp. Sess., amends Sections 11-50A-7, 40-21-64, 40-21-82, 40-21-85, 40-21-87, 40-21-102, 40-21-107, and 40-28-2 and repeals Sections 40-21-50, 40-21-51, 40-21-53, 40-21-54, and 40-21-55, Code of Alabama 1975, relating to the utility gross receipts tax.  The act increases the tax on utility gross receipts and utility service and repeals the public utility license tax.  The act eliminates the distribution of five percent of the T.V.A. in-lieu-of-taxes payments to the dry counties and municipalities not served by the T.V.A. and redistributes those payments to counties and municipalities that are served by the T.V.A.  The act also provides for the replenishment of the T.V.A. funds to the dry counties from ad valorem tax collections prior to sending those collections to the state.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-109, HB2, 1st Sp. Sess., amends Sections 40-25-2 and 40-25-23, Code of Alabama 1975, to increase the state tax on cigarettes from $.165 to $.31 per pack and to double the tax on other tobacco products.  The act also prohibits local governments from increasing local cigarette taxes after the effective date of the act.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-110, HB40, 1st Sp. Sess., authorizes the state to pay the tuition of any qualified student pursuing a degree at any public state college, university, two-year college, or two-year technical or community college.  The act provides for the administration of the tuition assistance plan by the Alabama Commission on Higher Education.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-111, SB4, 1st Sp. Sess., amends Sections 16-13-230, 16-13-231, 16-13-231.1, and 16-13-231.2, Code of Alabama 1975, relating to the Foundation Program Fund for the public schools. The act provides for increasing the instructional year for schools from 175 days to 180 days by one day per year through 2008 and changes funding calculations from the first 40 days of average daily membership to the first 20 days following Labor Day.  The act provides for pupil-teacher ratios and other instructional support unit ratios at the most current Southern Association of Colleges and Schools standards.  The act also establishes a new category of teacher units for professional development teachers at one for each 30 teacher units earned; provides for the State Board of Education to conduct a quadrennial cost study on actual local board costs for operations and maintenance; and provides a funding formula adjustment for the salary of principals.  The act is contingent upon funding being appropriated by the Legislature.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-112, SB10, 1st Sp. Sess., amends Sections 16-24B-1, 16-24B-2, 16-24B-3, 16-24B-5, and 16-24B-6, Code of Alabama 1975, relating to the Teacher Accountability Act.  The act changes the name of the chapter to the “Administrator Accountability Act.” The act allows current administrators to elect to become contract administrators and receive a one-time payment of $5,000 to give up tenure.  The term “contract administrator” includes assistant principals, financial officers, and instructional supervisors.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-113, SB16, 1st Sp. Sess., prohibits pass-through appropriations by the Legislature from one agency to another.  The act prescribes disciplinary action for any agency director who violates the pass-through prohibition.

EFFECTIVE DATE: Thirty days after ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-114, SB24, 1st Sp. Sess., adds Chapter 13A to Title 16 of the Code of Alabama 1975, commencing with Section 16-13A-1, to provide for the “School Fiscal Management and Responsibility Act” to deal with local schools and financial management practices.  The act requires the State Superintendent of Education to employ a chief education financial officer and necessary auditors for internal audits of the local boards of education.  The act requires school boards to adopt fiscal management policies and produce required reports; requires local superintendents of education to appoint chief school financial officers; requires the State Superintendent of Education to develop and conduct programs for the instruction and testing of local superintendents of education in finance, instruction, and legal requirements; requires the purchase of necessary financial software to monitor the financial conditions of the local school systems; requires that city and county boards of education be audited annually by the Examiners of Public Accounts, except that Class 6, 7, and 8 municipalities may hire an outside auditing firm; requires local boards of education to maintain a reserve of one month’s operating expenses; and establishes penalties for providing inaccurate financial information.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-115, HB25, 1st Sp. Sess., amends Sections 40-16-1, 40-16-4, 40-16-6, and 40-16-8, Code of Alabama 1975, to reduce the financial institution excise tax rate from 6.5 percent to 6 percent, repeal the deduction for federal income taxes paid by financial institutions, and phase out the credits allowed by the financial institutions to be taken against the financial institution excise tax.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-116, HB19, 1st Sp. Sess., amends Sections 40-2A-17, 40-18-1, 40-18-1.1, 40-18-2, 40-18-5, 40-18-13, 40-18-15, 40-18-15.2, 40-18-21, 40-18-22, 40-18-24, 40-18-25, 40-18-26, 40-18-27, 40-18-29, 40-18-31, 40-18-32, 40-18-33, 40-18-34, 40-18-35, 40-18-35.1, 40-18-42, 40-18-58, 40-18-71, 40-18-73, 40-18-80, 40-18-80.1, 40-18-140, 40-18-160, and Articles III and IV of Section 40-27-1, Code of Alabama 1975.  The act adds Sections 40-18-12, 40-18-31.1, 40-18-80.2, and 40-18-110 to the Code of Alabama 1975.  Sections 26-16-31, 40-18-2.1, 40-18-3, 40-18-4, 40-18-6 to 40-18-9, inclusive, 40-18-11, 40-18-14 to 40-18-14.3, inclusive,  40-18-15.1, 40-18-16, 40-18-17, 40-18-19, 40-18-19.1, 40-18-20, 40-18-28, 40-18-37, 40-18-59, 40-18-81, 40-18-82, 40-18-83, 40-18-83.1, 40-18-85, 40-18-141 to  40-18-145, 40-18-147 to 40-18-152, inclusive, 40-18-161 to 40-18-175, inclusive, 40-27-1.1, 41-15A-4 and 41-23-102,  Code of Alabama  1975, are repealed by the act.  The act lowers the deduction for federal income tax deductions for both individuals and corporations to 75 percent in tax year 2003 and eliminates the deduction in all subsequent years.  The act increases rates for individuals from a maximum of five percent to a maximum of six percent and lowers corporate tax rates from 6.5 percent to 6 percent.  The act also increases the standard deduction for single taxpayers from $2,000 to $4,750 in tax year 2004 and ties that standard deduction to federal law in subsequent tax years; increases the personal exemption from $1,500 to 70 percent of that allowed under federal law; increases the dependent exemption from $300 to 70 percent of that allowed under federal law; allows itemized deductions in lieu of the standard deduction to include mortgage interest, charitable contributions, medical expenses, and adoption expenses; disallows other itemized deductions including taxes paid and casualty losses; and provides for a phase-in of an exemption for defined contribution retirement benefits beginning in tax year 2006 at $7,000 and fully phased-in in tax year 2011 at $40,000.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-117, HB9, 1st Sp. Sess., requires employees and retirees of the State Employees’ Health Insurance Plan and the Public Education Employees’ Health Insurance Plan to participate in a portion of the costs of health insurance beginning in fiscal year 2005, but contingent upon cost-of-living raises being provided.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-118, HB11, 1st Sp. Sess., amends Sections 40-17-200, 40-17-201, 40-17-220, 40-17-221, 40-17-223, 40-17-224, 40-23-4, and 40-23-62, Code of Alabama 1975, to eliminate the lubricating oil excise tax and lubricating oil exemption from the sales and use tax; amends Sections 40-23-1, 40-23-2, 40-23-4, 40-23-9, 40-23-35, 40-23-60, 40-23-61, 40-23-62, 40-23-83, 40-23-85, 40-23-101, 40-23-102, and 40-23-108, Code of Alabama 1975, to increase the sales and use tax on automobiles and redistribute the revenue and to levy a sales and use tax on certain services and on warranty contracts; amends Section 40-23-101, Code of Alabama 1975, to increase the tax on casual sales of automobiles, boats, and manufactured homes; amends Sections 40-12-222 and 40-12-227, Code of Alabama 1975, to redistribute receipts from the leasing and renting of tangible personal property; and repeals Sections 40-17-171 to 40-17-173, inclusive, Sections 40-17-175 to 40-17-180, inclusive, Sections 40-17-182, 40-17-185, and 40-17-186, Code of Alabama 1975.  The act increases the state rental and leasing tax on automobiles from 1.5 percent to 3 percent; increases the sales and use tax on automotive vehicles from 2 percent to 2.5 percent; levies a 4 percent sales and use tax on installation of tangible personal property and repair services and the sale of warranty service contracts; increases the casual sales and use tax on motorboats from 2 percent to 2.5 percent; and allows counties with a sales and use tax to expand their tax bases to include the newly taxable items.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-119, HB3, 1st Sp. Sess., amends Sections 31-8-19, 38-4-12, 38-4-12.1, 40-7-25.1, 40-8-1, 40-8-2, 40-8-3, 40-9-19, 40-9-24, Code of Alabama 1975; adds Sections 40-21-35 and 40-7-25.4 to the Code of Alabama 1975; and repeals Section 40-8-4, Code of Alabama 1975, relating to ad valorem taxation.  The act increases the valuation for current use property by 22 percent phased in over four years; phases in a 2,000 acre cap on the number of acres that a person may have assessed at current use value; increases the assessment of property for state taxes to 100 percent of its fair market value phased in over a four-year period; increases the homestead exemption for state taxes from $40,000 of fair market value to $50,000 and provides that the state homestead exemption will apply to 200 acres; and creates a farmstead exemption for state tax purposes phased in over four years.  The act also provides that for local taxes, Class II property will be assessed at 22 percent of its fair market value and reclassifies Class I motor vehicles as Class II property for state and local tax purposes.  The act provides that Class III property will be assessed at 30 percent of its fair market value as of October 1, 2001, until the year when the current assessed value of Class III property at 22 percent of value exceeds the assessed value at 30 percent of value as of October 1, 2001, or fiscal year 2011, whichever comes first, and that thereafter, Class III property will be assessed  at 100 percent of its fair market value for state taxes and 22 percent of its fair market value for local taxes.  The act lowers the rate of state taxes from 6.5 mills to 3.5 mills.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2003-78.

 

Act 2003-120, HB514, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Tuscaloosa County, to prohibit the participation of 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 2003-121, HB506, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Shelby County, to authorize the Legislature by local law to provide for the enforcement of traffic laws on private roads in private gated communities in the county.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-122, HB361, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Barbour County, to authorize the county and any municipality located therein to perform certain actions to promote economic and industrial development in the county.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-123, HB585, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Shelby County, to allow the Judge of Probate of Shelby County to exercise equity jurisdiction concurrent with that of the circuit court in cases originally filed in the probate court if the judge of probate is licensed to practice law.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-124, HB660, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Macon County, to legalize the operation of bingo games for prizes or money by nonprofit organizations for charitable or educational purposes in the county.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-125, HB457, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Walker County, to create and provide for the Corridor X Parkway Authority in Walker County.  The act authorizes the authority to exercise zoning authority outside the state’s right-of-way within one mile of any interchange on a limited access highway and within one-half mile of the state’s right-of-way along any limited access highway in the county.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-126, HB124, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Calhoun County, to authorize the Legislature to fix, alter, and regulate court costs, including booking fees, in the county.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-127, HB720, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, to require the Marshall County Commission to levy an additional ad valorem tax of three mills on each dollar of taxable property located outside the corporate limits of municipalities to be used for fire protection and emergency services in the county.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-128, HB599, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Calhoun County, to ratify and validate the levy and collection of each ad valorem tax presently being levied and collected for public school or educational purposes on any property in Calhoun County and in each municipality and school tax district therein.  The amendment repeals Amendment No. 720 to the Constitution of Alabama of 1901.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-129, HB666, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Crenshaw County, to authorize Crenshaw 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 2003-139, HB82, Reg. Sess., continues the existence and functioning of the State Board for Registration of Architects pursuant to the Alabama Sunset Law.  The act amends Section 34-2-38, Code of Alabama 1975, to provide for diversity in the membership of the board.

EFFECTIVE DATE: June 13, 2003.

 

Act 2003-140, HB83, Reg. Sess., continues the existence and functioning of the Board of Bar Examiners pursuant to the Alabama Sunset Law.  The act amends Section 34-3-2, Code of Alabama 1975, to provide for diversity in the membership of the board.

EFFECTIVE DATE: June 13, 2003.

 

Act 2003-141, HB84, Reg. Sess., continues the existence and functioning of the State Board of Licensure for Professional Engineers and Land Surveyors pursuant to the Alabama Sunset Law.  The act amends Section 34-11-30, Code of Alabama 1975, to provide for diversity in the membership of the board.

EFFECTIVE DATE: June 13, 2003.

Act 2003-142, HB91, Reg. Sess., continues the existence and functioning of the State Licensing Board for General Contractors pursuant to the Alabama Sunset Law until October 1, 2004.  The act amends Sections 34-8-1, 34-8-20, and 34-8-28, Code of Alabama 1975, to further provide for the functioning of the board and to provide for diversity in the membership of the board.

EFFECTIVE DATE: June 13, 2003.

Act 2003-150, HB20, Reg. Sess., amends Sections 30-1-4 and 30-1-5, Code of Alabama 1975, relating to the minimum age for contracting marriage, to provide that a person under the age of 16 years is incapable of contracting marriage.  The act requires the consent of the parent or guardian of a person under the age of 18 years who applies for a marriage license.

EFFECTIVE DATE: June 13, 2003.

Act 2003-186, SB221, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Crenshaw County, to authorize Crenshaw 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 2003-187, SB321, Reg. Sess., proposes an amendment to Amendment 429 to the Constitution of Alabama of 1901, pertaining only to Baldwin County, to authorize Baldwin County and any governmental entities in the county to have certain powers for the promotion of economic and industrial development in the county and the municipalities therein.

EFFECTIVE DATE: Contingent upon ratification.

Act 2003-188, SB479, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Russell County, to provide for the election of the Russell County Board of Education from six single-member districts and the election of an additional member from the county at-large.  The proposed amendment authorizes the Legislature to provide, by local law, for the election of the members of the Russell County Board of Education and for the operation of the board.

EFFECTIVE DATE: Contingent upon ratification.

Act 2003-189, SB499, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Marshall County, to require the Marshall County Commission to levy an additional ad valorem tax in the amount of three mills on each dollar of taxable property located outside the corporate limits of municipalities to be used for fire protection and emergency services in the county.

EFFECTIVE DATE: Contingent upon ratification.

Act 2003-191, SB5, 1st Sp. Sess., amends Section 7-9A-515, Code of Alabama 1975, relating to secured transactions, to limit the five-year effectiveness of a financing statement for consumer loan transactions made pursuant to the Alabama Small Loan Act to make the effectiveness of a Uniform Commercial Code filing consistent with the limitations of the Alabama Small Loan Act.

EFFECTIVE DATE: June 16, 2003.

Act 2003-192, SB18, 1st Sp. Sess., amends Section 41-22-7, Code of Alabama 1975, relating to the Alabama Administrative Procedure Act, to authorize the Legislative Reference Service to charge a per page rate to cover all publishing costs for publication in the Alabama Administrative Code.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-193, SB20, 1st Sp. Sess., amends Sections 29-6-2 and 29-6-4, Code of Alabama 1975, relating to the Legislative Council, to provide that the terms of certain ex officio members who are reelected will continue until the service of new ex officio members commences and to provide for payment of compensation, expenses, and allowances of members of the council.

EFFECTIVE DATE: June 16, 2003.

 

Act 2003-203, HB587, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, to amend Section 256 and Section 256 as amended by Amendment 111, to remove references to segregation of schools by race, and to repeal Section 259 and Amendments 90 and 109, relating to poll taxes.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-204, HB740, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Hale 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 2003-205, HB680, Reg. Sess., proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Russell County, to provide for the election of the Russell County Board of Education from six single-member districts and the election of an additional member from the county at-large.  The proposed amendment authorizes the Legislature to provide, by local law, for the election of the members of the Russell County Board of Education and for the operation of the board.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2003-249, HB518, Reg. Sess., amends Sections 22-21-311 to 22-21-314, inclusive, 22-21-336, 22-21-339, 22-21-343, 22-21-350, 22-21-351, and 22-21-357, Code of Alabama 1975, relating to health care authorities, to enable Alabama public colleges and universities that operate a school of medicine to create health care authorities.

EFFECTIVE DATE: June 17, 2003.

 

Act 2003-271, HB56, Reg. Sess., provides that each local board of education and the governing body of each nonpublic school shall permit the self-administration of asthma medication by students upon written parental and medical authorization.

EFFECTIVE DATE: July 1, 2003.

 

Act 2003-272, HB262, Reg. Sess., amends Section 26-14-3, Code of Alabama 1975, relating to mandatory reporting of known or suspected child abuse or neglect, to provide for the expungement of records of information relating to reports which do not result in a conviction and to require reporting by members of the clergy unless the information was specifically obtained in a confidential communication.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-273, HB199, Reg. Sess., amends Section 22-19-73, Code of Alabama 1975, relating to motor vehicle driver’s licenses and nondriver identification cards and the designation by the person that he or she desires to be an organ donor, to provide for the electronic transfer of information to the federally certified Alabama Organ Procurement Organization.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-275, HB254, Reg. Sess., amends Sections 3, 5, 8, and 12 of Act 2002-527,  2002 Regular Session, now appearing as Sections 34-25A-3, 34-25A-5, 34-25A-8, and 34-25A-12, Code of Alabama 1975, relating to the regulation of persons administering prosthetic and orthotic care.  The act clarifies certain defined terms under the Prosthetics and Orthotics Act, provides further for the appointment of the members of the Alabama State Board of Prosthetists and Orthotists, and provides further for fees for accreditation of facilities and licensing.

EFFECTIVE DATE: June18, 2003.

 

Act 2003-276, HB335, Reg. Sess., is the “Alabama Homeland Security Act of 2003.”  The act creates the Department of Homeland Security and provides for the Director and Deputy Director of Homeland Security and the powers and duties of the department.  The act also creates and provides for a Homeland Security Task Force and a joint legislative oversight committee.

EFFECTIVE DATE: June 18, 2003.

 

Act 2003-277, HB345, Reg. Sess., provides that the governing body of any Class 1, 2, or 3 municipality, or any municipality having a population of 18,500 or more, which is legally wet and which has previously annexed or hereafter annexes territory into the municipality which lies in a county which is legally dry, shall pass an ordinance calling for a city-wide referendum to determine whether the annexed portions of the municipality shall be wet or dry.  If the referendum fails, the annexed portions of the municipality shall remain legally dry, but the vote will not affect the wet status of the portions of the municipality which were legally wet before the referendum.

EFFECTIVE DATE: June 18, 2003.

 

Act 2003-297, HB603, Reg. Sess., authorizes the Alabama Medicaid Agency to establish a preferred drug plan and to utilize a Medicaid Pharmacy and Therapeutics Committee within the agency to advise and assist Medicaid in the development of the plan.

EFFECTIVE DATE: June 18, 2003.

 

Act 2003-298, HB34, Reg. Sess., amends Sections 34-27-2, 34-27-32, 34-27-35, 34-27-36, Code of Alabama 1975, relating to the licensing of real estate brokers and salesmen by the Real Estate Commission, to allow a limited liability corporation or other lawful business organization owned by a broker or salesman to receive a payment or commission on a sale. The act removes the prohibition concerning certain continuing education course work. The act repeals Section 34-27-35.1, Code of Alabama 1975, requiring errors and omissions insurance.

EFFECTIVE DATE: June 18, 2003.

 

Act 2003-299, HB388, Reg. Sess., appropriates $3,000,000 from the General Fund to the Unified Judicial System for the fiscal year ending September 30, 2003; appropriates $25,000,000 from the General Fund to the Department of Corrections for the fiscal year ending September 30, 2003; appropriates $4,700,000 from the General Fund to the Department of Human Resources; appropriates $640,350 from the General Fund to the Office of the Secretary of State for the fiscal year ending September 30, 2003; appropriates $46,000 from the General Fund to the Tennessee Valley Exhibit Commission for the fiscal year ending September 30, 2003; appropriates $225,000 from the Tennessee Valley Exhibit Commission Fund to the Tennessee Valley Exhibit Commission for the fiscal year ending September 30, 2003; appropriates $20,000 from the Public Health Management Entity Fund to the Department of Public Health for the fiscal year ending September 30, 2003; appropriates $750,000 from the Alabama Veterans’ Assistance Fund to the Alabama Department of Veterans Affairs for the fiscal year ending September 30, 2003; appropriates $90,000 from the Board of Examiners of Assisted Living Administrators Fund to the Alabama Board of Examiners of Assisted Living Administrators for the fiscal year ending September 30, 2003; appropriates $26,000 from the Agricultural Museum Fund to the Agricultural Museum Board for the fiscal year ending September 30, 2003; appropriates $2,000,000 from the Education Trust Fund to the Finance-Telephone Revolving Fund for the fiscal year ending September 30, 2003; appropriates $537,570 from a subfund in the State Parks Fund to the Alabama Historical Commission for the fiscal year ending September 30, 2003; appropriates $2,500,000 from the Alabama Alcoholic Beverage Control Board Fund to the Alcohol Beverage Control Board for the fiscal year ending September 30, 2003; and transfers any remaining balance in the Rainy Day Fund-General Fund to the General Fund to fund the above appropriations.

EFFECTIVE DATE: June 18, 2003.

 

Act 2003-300, SB49, Reg. Sess., amends Section 15-22-27, Code of Alabama 1975, relating to the pardon or parole of a person having a death sentence commuted to life imprisonment, to provide that a person whose sentence to death has been commuted by the Governor would not be eligible for a pardon or parole.

EFFECTIVE DATE: September 1, 2003.  The operation of this act is retroactive to September 1, 1998.

 

Act 2003-302, SB87, Reg. Sess., amends Section 31-1-1, Code of Alabama 1975, relating to the filing of military discharge records with the judge of probate, to provide for confidentiality of a DD Form 214 by specifying certain persons who may examine the discharge record in the office of the judge of probate.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-303, SB376, Reg. Sess., amends Section 30-1-7, Code of Alabama 1975, relating to persons authorized to solemnize marriages, to authorize federal judges to solemnize marriages.

EFFECTIVE DATE: June 18, 2003.

 

Act 2003-304, SB320, Reg. Sess., amends Sections 5-21-4 and 5-21-11, Code of Alabama 1975, relating to the Wallace Plan for Linked Deposits, to extend the termination date of the plan until September 30, 2006.

EFFECTIVE DATE: June 18, 2003.

 

Act 2003-305, HB336, Reg. Sess., amends Section 41-14-35, Code of Alabama 1975, relating to security for the obligations of state depositories, to modify the list of securities and instruments that are eligible to be used as collateral for state moneys held in state depositories and to provide that Federal Home Loan Bank letters of credit provided as collateral for public deposits shall be held by the State Treasurer rather than by a third-party custodian and may be drawn by the State Treasurer when necessary to cover losses to public depositors. The act provides that collateral eligible to secure state money held in state depositories shall be eligible collateral for public deposits under the SAFE Program, subject to the disapproval of the State Treasurer.  The act clarifies that the State Treasurer has the right to disapprove any collateral for public deposits in any circumstance in which the State Treasurer determines that the collateral is not sufficiently marketable.

EFFECTIVE DATE: June 19, 2003.

 

Act 2003-311, HB127, Reg. Sess., amends Section 17-19-2, Code of Alabama 1975, relating to the certification of names of candidates nominated for President and Vice President of the United States, to change the date for filing the certification of nominating petitions to the sixth of September preceding the date of the presidential election.

EFFECTIVE DATE: June 19, 2003.

 

Act 2003-312, HB60, Reg. Sess., directs the Code Commissioner to prepare and publish an official recompilation of the Constitution of Alabama of 1901.

EFFECTIVE DATE: June 19, 2003.

 

Act 2003-313, HB419, Reg. Sess., amends Sections 17-4-127, 17-4-129, 17-4-130, 17-4-136, 17-4-138, 17-4-150, 17-4-151, 17-4-187, 17-4-210 to 17-4-214, inclusive, 17-4-230, 17-4-231, 17-4-250, 17-4-252 to 17-4-255, inclusive, 17-5A-4 to 17-5A-6, inclusive, 17-7-13, 17-8-43, 17-9-23, 17-10-4, 17-10-5, as last amended by Act 2001-1097 of the 2001 Fourth Special Session, 17-10-9, 17-10-10, 17-10-23, 17-14-1, 17-14-20, 17-16-31, 17-16-35, 17-16-36, and 17-20-4, Code of Alabama 1975, relating to elections.  The act provides that the Secretary of State shall be the chief elections official in the state and authorizes the Secretary of State to implement the “Help America Vote Act of 2002” in the state and provides for the appointment of a committee to assist the Secretary of State in the implementation. The act provides for statewide voter registration and for reidentification of voters.  The act provides for the qualifications and duties of registrars and for the list of qualified voters in the precincts.  The act places the Office of Voter Registration under the Secretary of State.  The act also provides for coordination of the state driver’s license database with the state voter registration list and the federal Social Security Administration.  The act provides for provisional voting and for absentee balloting and voting by military and overseas voters.  The act requires certain voter identification. The act establishes a Help America Vote Fund in the State Treasury and makes an appropriation from the fund to the Secretary of State for the fiscal year ending September 30, 2003.  The act repeals Sections 17-11-1 to 17-11-4, inclusive, 17-12-1 to 17-12-8, inclusive, 17-16-23, and 17-16-24, Code of Alabama 1975.

EFFECTIVE DATE: June 19, 2003.

 

Act 2003-314, SB126, Reg. Sess., establishes the “Alabama Clean Indoor Air Act.”  The act prohibits smoking in certain public places and provides that employers adopt a smoking policy and provide smoke-free areas in places of employment. The Department of Public Health is charged with implementing and enforcing the act.  The act provides penalties for violations.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-331, HB322, Reg. Sess., amends Sections 22-21-260, 22-21-263, and 22-21-265, Code of Alabama 1975, relating to the State Health Plan and the issuance of certificates of need by the State Health Planning and Development Agency.  The act increases the monetary threshold for major medical equipment and other capital expenditures which are to be indexed annually for inflation; requires the State Health Coordinating Council to meet at least annually and specifies that the State Health Plan is to be revised and updated as needed; provides that if the State Health Coordinating Council fails to act there will be no fees required for certificate of need applications until the State Health Plan is updated; and removes magnetic resonance imaging, extracorporeal lithotripsy, and positron emission tomography from the State Health Plan.  The act also provides that the construction of buildings, parking decks, or other capital items which are located on a health care facility campus shall not be subject to review if the construction does not enable the health care facility to provide any new institutional health care services subject to review.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-332, HB186, Reg. Sess., establishes and provides for “The Alabama Scrap Tire Environmental Quality Act” to comprehensively regulate scrap tire accumulations and provide for cleanup and remediation of all scrap tire accumulations.  The act authorizes the Alabama Department of Environmental Management, the Alabama Department of Economic and Community Affairs, the Alabama Department of Revenue, and the Scrap Tire Commission to administer and enforce the act. The act provides for the collection of a Scrap Tire Environmental Fee at the point of sale on replacement tires in the amount of one dollar ($1). The act repeals Section 22-40-1 to 22-40-11, inclusive, Code of Alabama 1975, providing for the Scrap Tire Study Commission, effective October 1, 2004.

EFFECTIVE DATE: September 1, 2003

 

Act 2003-334, HB70, Reg. Sess., is the “Department of Youth Services Capital Improvement Act.”  The act creates the Department of Youth Services Capital Improvement Trust Fund in the State Treasury to be managed by the State Treasurer.  The act provides for deposits to the fund of proceeds from the sale, lease, or ownership of lands of the Department of Youth Services.  The act provides for the establishment of a Youth Services Capital Improvement Trust Fund Income Account and authorizes appropriations to the Department of Youth Services from the trust fund income when there is a fund balance equal to or exceeding $1,000,000.

EFFECTIVE DATE: October 1, 2003, only if the total appropriations from the State General Fund for the fiscal year beginning October 1, 2003, equal or exceed the total appropriations from the State General Fund for the fiscal year ending September 30, 2003.

 

Act 2003-336, SB218, Reg. Sess., amends Sections 8-31-2 and 8-31-4, Code of Alabama 1975, relating to the Alabama Unconscionable Pricing Act, to provide that it is unlawful for any person to impose unconscionable prices for any services offered or provided or work performed or offered to be performed as an occupation or business to consumers.

EFFECTIVE DATE: June 20, 2003.

 

Act 2003-337, HB59, Reg. Sess., amends Section 17-7-5.1, Code of Alabama 1975, relating to the hours of holding elections, to require each polling place to open at 7:00 A.M. and close at 7:00 P.M. with certain exceptions for the Eastern Time Zone.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-338, HB534, Reg. Sess., adds Section 13A-6-28 to the Code of Alabama 1975, to establish the crime of cross burning or the burning of the American flag and to prescribe penalties for the crime.

EFFECTIVE DATE: June 20, 2003.

 

Act 2003-339, HB113, Reg. Sess., amends Sections 17-13-6 and 17-16-31, Code of Alabama 1975, relating to reporting results of primary and general elections.  The act requires that election results be posted at the county courthouse no later than two hours after the polls are closed. The act also provides for an automatic recount of votes in a general election for any public office if a candidate is defeated by a difference of not more than one half of one percent of the total votes cast for the office.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-340, HB37, Reg. Sess., requires that any greyhound used for greyhound racing which is to be put to death be euthanized by lethal injection and prohibits the removal of a greyhound from this state for the purpose of being destroyed.  The act prescribes penalties for violations.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-341, HB654, Reg. Sess., provides for an income tax refund check-off for a contribution to the Alabama 4-H Club Foundation, Incorporated.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-342, HB128, Reg. Sess., amends Sections 32-1-1.1 and 40-12-240, Code of Alabama 1975, relating to motor vehicles, to provide for electric personal assistive mobility devices. The act adds Section 32-19-1 to the Code of Alabama 1975, to provide for the operation of electric personal assistive mobility devices on public highways, sidewalks, and bikeways, to provide that neither a license plate nor proof of financial responsibility will be required for operation, and to provide that an electric personal assistive mobility device may be used at night under certain conditions  The act allows municipalities to prohibit the operation of electric personal assistive mobility devices on public highways where the speed limit is over 25 miles per hour.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-344, HB47, Reg. Sess., amends Section 32-5A-176.1, Code of Alabama 1975, to authorize a county to set speed limits in construction zones along a county road or highway when construction personnel are present and appropriate signs are posted.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-345, HB187, Reg. Sess., amends Sections 32-8-2, 32-8-3, 32-8-31, 32-8-34, 32-8-35, 32-8-42, 32-8-43, and 32-8-60, Code of Alabama 1975, relating to the Alabama Uniform Certificate of Title and Antitheft Act, and adds Section 32-8-64.1 to the Code of Alabama 1975.  The act exempts certain utility trailers from the title requirement and prohibits the titling of any vehicle prior to the 1975 model year and a vehicle that does not meet federal and state regulations governing safety, emissions, and antitheft standards.  The act provides further for bond requirements for designated agents and the revocation of the license of any designated agent convicted of a felony tax violation.  The act also authorizes the Department of Revenue, in certain instances, to make information available concerning the status of a title on a vehicle.  The act provides that a replacement title shall not be issued until 15 calendar days after the issuance date of the title that is being replaced and provides further for liens on certain motor vehicles and manufactured homes.

EFFECTIVE DATE: January 1, 2004.

 

Act 2003-346, HB312, Reg. Sess., amends Sections 27-5-12 and 27-32-39, Code of Alabama 1975, relating to insurance.  The act revises the circumstances in which a domestic insurer may receive credit for reinsurance and provides that certain reinsurance contracts may allow the reinsurer to pay claims directly to the policyholder when the original insurer becomes insolvent. 

EFFECTIVE DATE: June 20, 2003.

 

Act 2003-347, HB28, Reg. Sess., is the “Alabama Uniform Anatomical Gift Act.”  The act amends Section 22-19-40, Code of Alabama 1975, and adds Article 3A to Chapter 19 of Title 22 of the Code of Alabama 1975, commencing with Section 22-19-50.  The act provides for making, amending, revoking, and refusing to make provisions for anatomical gifts.  The act requires the State Board of Health to adopt rules pursuant to the Administrative Procedure Act to implement the new Article 3A.  The act provides that the Legislature will honor the memory of individuals each year who have made a “gift of life” donation to another individual pursuant to the Alabama Uniform Anatomical Gift Act.

EFFECTIVE DATE: January 1, 2004.

Act 2003-348, HB196, Reg. Sess., amends Section 27-1-17, Code of Alabama 1975, relating to the payment of insurance claims, to prohibit insurers, health service corporations, and health benefit plans from requiring refunds of paid claims after 12 months from the date the health care claim was paid or after the expiration of the same period of time that the health care provider was required to submit claims pursuant to a contract between the health care provider and the insurer, health service corporation, or health benefit plan, whichever date occurs first.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-349, HB197, Reg. Sess., regulates the ownership and use of elevators, escalators, platform and stairway chairlifts, dumbwaiters, moving sidewalks, automated people movers, and other conveyances by the Alabama Department of Labor.  The act prohibits the installation of any of the conveyances without a permit.  The act creates the Elevator Safety Review Board and provides for its powers and duties. The act requires persons who erect, construct, wire, alter, replace, maintain, remove, or dismantle any elevator to be licensed.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-350, SB101, Reg. Sess., provides for the offenses of fraudulent repair of an airbag and fraudulent sale of a motor vehicle without an airbag.  Both offenses are Class A misdemeanors.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-352, SB23, Reg. Sess., amends Sections 34-24-140, 34-24-141, 34-24-142, 34-24-144, 34-24-161, 34-24-165, 34-24-166, 34-24-170, 34-24-172, and 34-24-176, Code of Alabama 1975, relating to the State Board of Chiropractic Examiners, to provide for board districts and for the election of board members, the number of members required for a quorum, and the compensation of the members.  The act also provides that the board may invoke disciplinary action against a licensee.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-353, HB490, Reg. Sess., amends Sections 15-18-170, 15-18-171, 15-18-172, 15-18-174, 15-18-175, 15-18-176, 15-18-178, 15-18-179, 15-18-180, 15-18-182, and 15-18-183, Code of Alabama 1975, relating to the Community Punishment and Corrections Act.  The act further provides for the operation by a county or group of counties of community punishment and corrections programs for state and county inmates or youthful offenders.  A Community Corrections Division in the Department of Corrections is established to administer the act. A State-County Community Corrections Partnership Fund to be used to establish or expand community-based punishment programs for eligible felony offenders is established by the act.

EFFECTIVE DATE: July 20, 2003.

 

Act 2003-354, HB489, Reg. Sess., creates and establishes the “Alabama Sentencing Reform Act of 2003.”  The act requires the Alabama Sentencing Commission to develop and maintain a system of statewide voluntary sentencing standards for use in felony cases.

EFFECTIVE DATE: June 20, 2003.

Act 2003-355, HB491, Reg. Sess., amends Sections 13A-7-21, 13A-7-22, 13A-7-23, 13A-8-1, 13A-8-2, 13A-8-3, 13A-8-4, 13A-8-5, 13A-8-7, 13A-8-8, 13A-8-9, 13A-8-10.1, 13A-8-10.2, 13A-8-10.3, 13A-8-17, 13A-8-18, 13A-8-19, 13A-8-23, 13A-8-72, 13A-8-102, 13A-8-144, 13A-8-192, 13A-9-73, 13A-9-74, 13A-9-75, and 13A-9-91, Code of Alabama 1975, relating to theft crimes and certain other crimes, to increase the monetary value involved in the crime before a person would be guilty of various crimes.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-356, SB441, Reg. Sess., amends Sections 8-21A-2, 8-21A-3, 8-21A-4, 8-21A-5, and 8-21A-10, Code of Alabama 1975, relating to the Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act, to further regulate franchise agreements with dealers primarily engaged in the farm equipment business.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-358, HB772, Reg. Sess., authorizes Class 5 municipalities that have adopted the mayor/commission/city manager form of government to provide for the abatement and removal of inoperable motor vehicles as public nuisances from private property.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-359, HB178, Reg. Sess., is the “Deferred Presentment Services Act.”  The act provides for the licensure and regulation of deferred presentment check-cashing services by the State Banking Department.  The act appropriates $50,000 from the Banking Assessments and Fees Fund in the State Treasury to the State Banking Department for the fiscal year ending September 30, 2003, to be used for the implementation of the act.

EFFECTIVE DATE: June 20, 2003.

 

Act 2003-363, HB579, Reg. Sess., amends Sections 36-21-8 and 41-4-180, Code of Alabama 1975, to transfer the state Capitol police officers from the responsibility of the Director of the Department of Finance to the Director of Public Safety.  The act also repeals Sections 36-26-66, 41-4-182, 41-4-184, and 41-4-185, Code of Alabama 1975.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-364, HB157, Reg. Sess., is the “Alabama Parent-Child Relationship Protection Act.”  The act requires that notification be provided to a parent when the principal residence of a person entitled to custody of or visitation with a child or of a child is to be changed and provides for procedures to object to the relocation of a child and to modify the custody of and visitation with a child when the principal residence of a child is changed.  The parent who is relocating has the initial burden of proof.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-369, HB110, Reg. Sess., amends Section 41-4-302, Code of Alabama 1975, to provide for certain elected county officials and their employees who are required to be bonded to be covered under the state blanket bond under certain conditions.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-370, HB705, Reg. Sess., adds Section 34-24-311.1 to the Code of Alabama 1975, to authorize the State Board of Medical Examiners to employ professional, managerial, and clerical staff under such terms, conditions, and personnel policies as the board deems necessary to carry out its duties and responsibilities.

EFFECTIVE DATE: June 23, 2003.

 

Act 2003-371, HB537, Reg. Sess., amends Section 6-12-3, Code of Alabama 1975, relating to the escrow fund for certain tobacco product manufacturers, to provide further for the amount of payments due from the manufacturers.

EFFECTIVE DATE: June 23, 2003.

 

Act 2003-372, HB536, Reg. Sess., adds a new Chapter 12A to Title 6 of the Code of Alabama 1975, commencing with Section 6-12A-1, to be known as the “Tobacco Master Settlement Complementary Legislation Act.”  The act will further protect the state’s interests in the tobacco Master Settlement Agreement and prevent violations by non-participating tobacco product manufacturers and distributors.  The act appropriates $51,000 to the Department of Revenue for the fiscal year ending September 30, 2003, and $48,000 to the Department of Revenue for the fiscal year ending September 30, 2004, to implement and administer the act.

EFFECTIVE DATE: August 1, 2003.

 

Act 2003-375, SB225, Reg. Sess., amends Section 40-18-194, Code of Alabama 1975, relating to capital income tax incentives, to allow nonresident members of an investing company investing within the state to elect to use their portion of the capital credit as a nonrefundable Alabama estimated income tax payment in lieu of using their portion as a credit against their Alabama income tax liability.

 EFFECTIVE DATE: September 1, 2003.

 

Act 2003-376, SB519, Reg. Sess., amends Section 36-27-71, Code of Alabama 1975, to revise the costs of purchase of prior service credit for certain persons eligible to purchase credit in the Employees’ Retirement System on December 28, 2001, for employment rendered to a municipality, county, or political subdivision.

EFFECTIVE DATE: June 24, 2003.

 

Act 2003-378, HB418, Reg. Sess., amends Sections 8-17-211, 8-17-216, 8-17-243, and 8-17-247, Code of Alabama 1975, and adds Section 8-17-216.1 to the Code of Alabama 1975, relating to the State Fire Marshal, to increase certain fees collected by the State Fire Marshal for performing certain tasks and issuing certain licenses and permits.  The act also requires a permit for the use of a pyrotechnic display before a proximate audience and authorizes the State Fire Marshal to promulgate rules and regulations necessary for the safety and protection of property and persons present where pyrotechnics are used at any event with a proximate audience.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-380, SB6, Reg. Sess., adds Chapter 5B to Title 30 of the Code of Alabama 1975, commencing with Section 30-5B-1, to provide for the “Alabama Uniform Interstate Enforcement of Domestic-Violence Protection Orders Act.”  The act specifies the process for the judicial enforcement of a foreign protection order and nonjudicial enforcement of an order.

EFFECTIVE DATE: January 1, 2004.

 

Act 2003-381, HB193, Reg. Sess., requires individual voters to present certain identification at the polls. The act provides an exception based on positive identification of a voter by two election officials. The act prescribes penalties for violations.

EFFECTIVE DATE: June 24, 2003.

 

Act 2003-382, SB522, Reg. Sess., relates to any Class 5 municipality organized under Act 71, 1977 Regular Session, (currently relates only to Phenix City), to provide for the election of the mayor and council and to provide further for the duties, compensation, and term limit of the mayor, the compensation of the city council, the appointment of an administrative assistant to the mayor, the appointment and dismissal of department heads, and the abolishment of the position of city manager.  The act requires a referendum for operation.

EFFECTIVE DATE: June 24, 2003.

 

Act 2003-383, SB121, Reg. Sess., amends Section 30-3-4.1, Code of Alabama 1975, relating to grandparent visitation, to require the courts to not grant visitation rights to a grandparent related to a parent who has given up legal custody or financially abandoned the child unless the grandparent has established a relationship with the child and the visitation is in the child’s best interest.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-384, SB292, Reg. Sess., amends Section 16-13-4, Code of Alabama 1975, relating to the penalty for diversion of funds by any official handling public school funds, to provide for satisfaction of certain debt payments by local boards of education.

EFFECTIVE DATE: June 24, 2003.

 

Act 2003-385, SB383, Reg. Sess., amends Section 30-5-5, Code of Alabama 1975, relating to the Protection from Abuse Act, to eliminate the requirement of a filing fee and certain other fees related to a proceeding seeking a protection order.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-386, HB765, Reg. Sess., relates to any Class 5 municipality organized under Act 71, 1977 Regular Session, (currently relates only to Phenix City), to provide for the election of the mayor and council and to provide further for the duties, compensation, and term limit of the mayor, the compensation of the city council, the appointment of an administrative assistant to the mayor, the appointment and dismissal of department heads, and the abolishment of the position of city manager.  The act requires a referendum for operation.

EFFECTIVE DATE: June 24, 2003.

 

Act 2003-387, HB776, Reg. Sess., amends Section 11-44E-74, Code of Alabama 1975, relating to Class 5 municipalities and providing for the adoption of the mayor/commission/city manager form of government (currently relates only to Dothan), to provide further for the temporary filling of vacancies in the office of mayor by providing that the senior member of the city commission serve as acting mayor until the commission selects an acting mayor.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-388, HB329, Reg. Sess., amends Section 11-40-10, Code of Alabama 1975, relating to the police jurisdiction of municipalities, to provide that the police jurisdiction of a municipality that extends to include part of an island adjacent to the boundary of Florida, upon approval of the council of the municipality, would extend to include all of the island including certain adjacent waters. 

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-389, HB314, Reg. Sess., regulates the practice of compounding of drugs and drug products by pharmacists licensed by the Alabama State Board of Pharmacy.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-390, HB650, Reg. Sess., adds Section 40-2A-50 to the Code of Alabama 1975, to establish the conditions under which foreign business entities with in-state affiliates have nexus in this state for the collection of state and local use taxes. 

EFFECTIVE DATE: August 1, 3002.

 

Act 2003-391, HB43, Reg. Sess., amends Sections 34-9-10, as amended by Act 2002-512, 2002 Regular Session, 34-9-15, 34-9-19, and 34-9-19.1, Code of Alabama 1975, relating to the practice of dentistry, to clarify certain terms in the credentialing requirements of dentists and dental hygienists licensed in another state; to further regulate  advertising of dental services and to provide further for violations for advertising in a false or fraudulent manner, and to authorize the board to promulgate rules concerning the types of advertising that would be considered false or fraudulent.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-392, HB143, Reg. Sess., provides for the joint purchase of information technology by educational institutions.

EFFECTIVE DATE: June 24, 2003.

 

Act 2003-393, HB134, Reg. Sess., amends Sections 34-1-1, 34-1-2, 34-1-3, 34-1-4, 34-1-6, 34-1-9, 34-1-11, 34-1-12, 34-1-16, 34-1-21, and 34-1-22, Code of Alabama 1975, relating to the “Public Accountancy Act of 2003.”  The act adopts selected provisions of the Uniform Accountancy Act and makes certain technical changes to the Public Accountancy Act of 1973.

EFFECTIVE DATE: October 1, 2003.

 

Act 2003-394, HB375, Reg. Sess., amends Section 36-30-1, Code of Alabama 1975, as amended by Act 2002-519, 2002 Regular Session, relating to death benefits for peace officers and firemen, to clarify that certain death or disability compensation is in the nature of workers’ compensation to comply with a specific exclusion in the Internal Revenue Code.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-395, SB392, Reg. Sess., amends Sections 41-6-3 and 41-6-4, Code of Alabama 1975, relating to the Board of Trustees of the Department of Archives and History, to increase the membership of the board and to establish a time for the selection and confirmation of new members.

EFFECTIVE DATE: June 25, 2003.

 

Act 2003-396, HB440, Reg. Sess., allows certain state employees to engage in employment in the private sector if the employment is not specifically prohibited by statute and there is no conflict with the state job of the state employee.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-397, HB434, Reg. Sess., amends Sections 22-22A-5 and 22-22A-7, Code of Alabama 1975, to provide further for administrative procedure for enforcement of orders by the Alabama Department of Environmental Management and to require certain notice and hearing procedure for appeals to the Environmental Management Commission.

EFFECTIVE DATE: June 26, 2003.

 

Act 2003-398, HB115, Reg. Sess., defines the legal methods for the disposal of waste cooking grease and animal by-products produced in commercial establishments consistent with methods approved by the appropriate agency and prescribes penalties for violations.

EFFECTIVE DATE: September 1, 2003.

 

Act 2003-399, SB430, Reg. Sess., imposes certain responsibilities for those involved in skateboarding and roller skating activities and those operating skateboard or roller skating parks or rinks.

EFFECTIVE DATE: September 1, 2003

 

Act 2003-400, HB174, Reg. Sess., amends Sections 11-46-22, 11-46-24, 11-46-27, 11-46-28, 11-46-31, 11-46-35, 11-46-46, 17-6-8, 17-9-4, 17-10-5, 17-10-10, 17-10-11, and 17-10-12, Code of Alabama 1975, relating to municipal elections, to provide further for polling places, voting machines, ballot boxes, absentee ballots, and election officials. The act adds Section 11-46-55.1 to the Code of Alabama 1975, to provide a method of petitioning for a recount in municipal elections.

EFFECTIVE DATE: September 1, 2003

 

Act 2003-401, HB188, Reg. Sess., amends Sections 41-9-251, 41-9-252, and 41-9-253, Code of Alabama 1975, relating to the Cahaba Advisory Committee under the jurisdiction and control of the Alabama Historical Commission, to change the name to the Cahawba Advisory Committee and provide for the powers, duties, and operation of the committee in developing, renovating, preserving, maintaining, operating, and publicizing the Old Cahawba Capital Site.

EFFECTIVE DATE: September 1, 2003

 

Act 2003-402, HB555, Reg. Sess., amends Sections 12-19-76, 32-13-1, 32-13-3, 32-13-4, and 32-13-6, Code of Alabama 1975, relating to abandoned motor vehicles, to require the Department of Revenue to furnish the name and address of the owners and lienholders of a motor vehicle when the vehicle has been towed.  The act requires that when an abandoned vehicle has been sold, a report of the sale is required to be filed, along with the fee, with the circuit clerk.  The act also provides an exemption from the fee.

EFFECTIVE DATE: September 1, 2003

 

Act 2003-403, HB629, Reg. Sess., adds Chapter 30F to Title 22 of the Code of Alabama 1975, commencing with Section 22-30F-1, the “Alabama Land Recycling Finance Authority.”  The act creates the Alabama Land Recycling Finance Authority to be administered by the Alabama Department of Environmental Management to establish a program to encourage and assist the voluntary remediation and redevelopment of contaminated property in rural and urban areas of the state.  The act establishes the State of Alabama Land Recycling Revolving Loan Fund to be operated by the Department of Environmental Management to receive revenue from appropriations, grants, interest, and other sources and make loans to public bodies including counties, municipalities, and other public entities for the remediation and redevelopment of contaminated properties.

EFFECTIVE DATE: September 1, 2003