SUMMARIES OF GENERAL LAWS ENACTED
AND CONSTITUTIONAL AMENDMENTS PROPOSED

By the Legislature of Alabama

at the
2004 REGULAR SESSION
February 3 through May 17, 2004

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 2004 REGULAR SESSION


ACTS

2004 REGULAR SESSION

ACT

BILL

2004-45

SB217

2004-67

SB102

2004-68

SB104

2004-69

SB106

2004-70

SB108

2004-71

SB109

2004-72

SB118

2004-73

SB110

2004-74

SB111

2004-75

SB103

2004-76

SB121

2004-77

SB125

2004-80

SB112

2004-81

SB113

2004-82

SB114

2004-83

SB115

2004-84

SB116

2004-85

SB117

2004-86

SB119

2004-87

SB120

2004-88

SB122

2004-89

SB123

2004-90

SB124

2004-91

SB126

2004-92

SB127

2004-93

HB21

2004-94

HB319

2004-98

HB167

2004-103

SB105

2004-104

SB107

2004-110

HB166

2004-111

HB169

2004-112

HB440

2004-231

HB431

2004-232

HB450

2004-239

HB368

2004-240

HB577

2004-241

HB599

2004-244

HB38

2004-245

HB116

2004-246

HB216

2004-257

SB228

2004-258

HB268

2004-259

HB591

2004-266

HB486

2004-282

HB196

2004-290

HB264

2004-291

HB705

2004-292

HB221

2004-296

HB39

2004-297

HB113

2004-298

HB4

2004-299

HB521

2004-300

HB544

2004-301

HB267

2004-311

HB735

ACT

BILL

2004-312

SB434

2004-313

SB58

2004-314

SB77

2004-315

SB168

2004-316

SB187

2004-323

SB47

2004-361

HB250

2004-362

SB200

2004-363

SB163

2004-367

SB198

2004-374

SB355

2004-382

SB146

2004-383

SB349

2004-384

SB51

2004-386

SB393

2004-389

HB775

2004-390

HB776

2004-391

HB680

2004-392

HB751

2004-393

HB576

2004-394

HB449

2004-395

HB706

2004-396

HB158

2004-397

HB529

2004-398

HB90

2004-399

SB315

2004-400

SB325

2004-401

SB510

2004-417

SB544

2004-419

SB160

2004-433

SB498

2004-438

HB76

2004-440

HB684

2004-441

SB80

2004-442

SB201

2004-443

SB35

2004-449

SB221

2004-450

SB233

2004-455

SB331

2004-456

SB223

2004-484

SB176

2004-485

SB142

2004-486

SB46

2004-487

SB205

2004-488

SB59

2004-489

SB155

2004-490

SB304

2004-501

SB326

2004-502

SB403

2004-504

SB470

2004-505

HB303

2004-507

HB710

2004-516

HB370

2004-517

SB66

2004-518

SB43

2004-519

SB50

ACT

BILL

2004-520

SB81

2004-521

SB218

2004-522 SB357

2004-523

SB41

2004-524

SB68

2004-525

SB266

2004-526

SB375

2004-528

SB245

2004-529

SB75

2004-530

SB154

2004-532

HB266

2004-533

HB817

2004-534

SB344

2004-535

HB721

2004-536

HB526

2004-537

HB657

2004-538

HB253

2004-539

SB502

2004-541

SB399

2004-542

HB840

2004-543

HB572

2004-545

HB716

2004-546

HB317

2004-547

HB60

2004-549

HB24

2004-550

HB658

2004-552

HB3

2004-553

HB22

2004-554

HB34

2004-555

HB405

2004-556

HB435

2004-557

HB478

2004-559

HB262

2004-560

HB290

2004-561

HB294

2004-562

HB270

2004-563

HB298

2004-564

SB385

2004-565

HB539

2004-566

HB42

2004-567

HB43

2004-623

HB210

2004-624

HB280

2004-625

SB337

2004-627

HB514

2004-628

HB534

2004-629

HB126

2004-630

SB219

2004-634

HB26

2004-635

HB815

2004-636

HB308

2004-637

HB248

2004-638

HB846

2004-640

HB387

2004-641

SB169


HOUSE BILLS

2004 REGULAR SESSION

HOUSE
BILL

ACT

HB3

2004-552

HB4

2004-298

HB21

2004-93

HB22

2004-553

HB24

2004-549

HB26

2004-634

HB34

2004-554

HB38

2004-244

HB39

2004-296

HB42

2004-566

HB43

2004-567

HB60

2004-547

HB76

2004-438

HB90

2004-398

HB113

2004-297

HB116

2004-245

HB126

2004-629

HB158

2004-396

HB166

2004-110

HB167

2004-98

HB169

2004-111

HB196

2004-282

HB210

2004-623

HB216

2004-246

HB221

2004-292

HB248

2004-637

HB250

2004-361

HB253

2004-538

HOUSE
BILL

ACT

HB262

2004-559

HB264

2004-290

HB266

2004-532

HB267

2004-301

HB268

2004-258

HB270

2004-562

HB280

2004-624

HB290

2004-560

HB294

2004-561

HB298

2004-563

HB303

2004-505

HB308

2004-636

HB317

2004-546

HB319

2004-94

HB368

2004-239

HB370

2004-516

HB387

2004-640

HB405

2004-555

HB431

2004-231

HB435

2004-556

HB440

2004-112

HB449

2004-394

HB450

2004-232

HB478

2004-557

HB486

2004-266

HB514

2004-627

HB521

2004-299

HB526

2004-536

HOUSE
BILL

ACT

HB529

2004-397

HB534

2004-628

HB539

2004-565

HB544

2004-300

HB572

2004-543

HB576

2004-393

HB577

2004-240

HB591

2004-259

HB599

2004-241

HB657

2004-537

HB658

2004-550

HB680

2004-391

HB684

2004-440

HB705

2004-291

HB706

2004-395

HB710

2004-507

HB716

2004-545

HB721

2004-535

HB735

2004-311

HB751

2004-392

HB775

2004-389

HB776

2004-390

HB815

2004-635

HB817

2004-533

HB840

2004-542

HB846

2004-638


SENATE BILLS

2004 REGULAR SESSION

SENATE
BILL

ACT

SB35

2004-443

SB41

2004-523

SB43

2004-518

SB46

2004-486

SB47

2004-323

SB50

2004-519

SB51

2004-384

SB58

2004-313

SB59

2004-488

SB66

2004-517

SB68

2004-524

SB75

2004-529

SB77

2004-314

SB80

2004-441

SB81

2004-520

SB102

2004-67

SB103

2004-75

SB104

2004-68

SB105

2004-103

SB106

2004-69

SB107

2004-104

SB108

2004-70

SB109

2004-71

SB110

2004-73

SB111

2004-74

SB112

2004-80

SB113

2004-81

SB114

2004-82

SB115

2004-83

SENATE
BILL

ACT

SB116

2004-84

SB117

2004-85

SB118

2004-72

SB119

2004-86

SB120

2004-87

SB121

2004-76

SB122

2004-88

SB123

2004-89

SB124

2004-90

SB125

2004-77

SB126

2004-91

SB127

2004-92

SB142

2004-485

SB146

2004-382

SB154

2004-530

SB155

2004-489

SB160

2004-419

SB163

2004-363

SB168

2004-315

SB169

2004-641

SB176

2004-484

SB187

2004-316

SB198

2004-367

SB200

2004-362

SB201

2004-442

SB205

2004-487

SB217

2004-45

SB218

2004-521

SB219

2004-630

SENATE
BILL

ACT

SB221

2004-449

SB223

2004-456

SB228

2004-257

SB233

2004-450

SB245

2004-528

SB266

2004-525

SB304

2004-490

SB315

2004-399

SB325

2004-400

SB326

2004-501

SB331

2004-455

SB337

2004-625

SB344

2004-534

SB349

2004-383

SB355

2004-374

SB357 2004-522

SB375

2004-526

SB385

2004-564

SB393

2004-386

SB399

2004-541

SB403

2004-502

SB434

2004-312

SB470

2004-504

SB498

2004-433

SB502

2004-539

SB510

2004-401

SB544

2004-417


2004 REGULAR SESSION SUMMARIES

 

Act 2004-45, SB217, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Limestone County, to provide for the election of the members of the Limestone County Board of Education by the qualified electors of the county residing outside of the corporate limits of any city with a separate city board of education.

EFFECTIVE DATE: Effective upon ratification.

 

Act 2004-67, SB102, continues the existence and functioning of the Board of Heating and Air Conditioning Contractors pursuant to the Alabama Sunset Law. The act also amends Sections 34-31-20 and 34-31-32, Code of Alabama 1975, to provide for the appointment of a registered professional engineer, in lieu of a mechanical engineer, to the board and to permit the board to impose more than one late penalty fee.

EFFECTIVE DATE: April 1, 2004.

 

Act 2004-68, SB104, continues the existence and functioning of the Alabama Board of Funeral Service pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 1, 2004.

 

Act 2004-69, SB106, continues the existence and functioning of the Alabama Board of Examiners in Counseling pursuant to the Alabama Sunset Law. The act also amends Section 34-8A-5, Code of Alabama 1975, to provide that each member of the board receive daily compensation as established by the board and the same travel expense allowance for travel in the service of the board as is paid to state employees.

EFFECTIVE DATE: April 1, 2004.

 

Act 2004-70, SB108, continues the existence and functioning of the Commercial Mobile Radio Service Board pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 1, 2004.

 

Act 2004-71, SB109, continues the existence and functioning of the Board of Boilers and Pressure Vessels pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 1, 2004.

 

Act 2004-72, SB118, continues the existence and functioning of the Board of Examiners of Mine Personnel pursuant to the Alabama Sunset Law. The act also amends Section 25-9-15, Code of Alabama 1975, to provide for the voluntary surrender of a fire boss or mine foreman certificate of competency.

EFFECTIVE DATE: April 1, 2004.

 

Act 2004-73, SB110, continues the existence and functioning of the Board of Examiners of Assisted Living Administrators pursuant to the Alabama Sunset Law. The act also amends Sections 34-2A-1 and 34-2A-3, Code of Alabama 1975, to change the title of executive secretary to executive director and to stagger the terms of board members.

EFFECTIVE DATE: April 1, 2004.

 

Act 2004-74, SB111, continues the existence and functioning of the State Board of Auctioneers pursuant to the Alabama Sunset Law. The act also amends Sections 34-4-21, 34-4-25, 34-4-50, 34-4-52, and 34-4-53, Code of Alabama 1975, to provide reciprocal licensing to residents of this state who are licensed in another state, to increase the membership of the board by adding a consumer member, increasing the number of members necessary to establish a quorum from three members to four members, and to specify that each board member receive compensation in an amount of $300 per day and the same travel allowance as is paid to state employees.

EFFECTIVE DATE: April 1, 2004.

 

Act 2004-75, SB103, continues the existence and functioning of the State Licensing Board for General Contractors pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 1, 2004.

 

Act 2004-76, SB121, continues the existence and functioning of the Alabama Board of Massage Therapy pursuant to the Alabama Sunset Law. The act also amends Section 34-43-21, Code of Alabama 1975, to specify October 1, 2007, and every four years thereafter, as the termination date of the board, unless continued pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 1, 2004.

 

Act 2004-77, SB125, continues the existence and functioning of the Alabama Board of Social Work Examiners pursuant to the Alabama Sunset Law. The act also amends Sections 34-30-50 and 34-30-51, Code of Alabama 1975, to stagger the terms of office of members of the board upon the expiration of terms of office in October 2004 and December 2005.

EFFECTIVE DATE: April 1, 2004.

 

Act 2004-80, SB112, continues the existence and functioning of the Board of Home Medical Equipment Services Providers pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 2, 2004.

 

Act 2004-81, SB113, continues the existence and functioning of the Alcoholic Beverage Control Board pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 2, 2004.

 

Act 2004-82, SB114, continues the existence and functioning of the Alabama Securities Commission pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 2, 2004.

 

Act 2004-83, SB115, continues the existence and functioning of the Alabama Real Estate Commission pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 2, 2004.

 

Act 2004-84, SB116, continues the existence and functioning of the Alabama Real Estate Appraisers Board pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 2, 2004.

 

Act 2004-85, SB117, continues the existence and functioning of the State Pilotage Commission until October 1, 2006, pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 2, 2004.

 

Act 2004-86, SB119, continues the existence and functioning of the Plumbers and Gas Fitters Examining Board pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 2, 2004.

 

Act 2004-87, SB120, continues the existence and functioning of the Alabama Liquefied Petroleum Gas Board pursuant to the Alabama Sunset Law. The act also amends Sections 9-17-101 and 9-17-106, Code of Alabama 1975, to increase the membership of the board by adding a consumer member, permit ex officio members of the board to appoint designees to represent the members at board meetings, and to eliminate the credit or refund provided to Class A or B-1 permit holders who sell liquefied petroleum gas to end users located outside of this state. Note: Act 2004-489 also amends Section 9-17-106, Code of Alabama 1975.

EFFECTIVE DATE: April 2, 2004.

 

Act 2004-88, SB122, continues the existence and functioning of the Public Service Commission pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 2, 2004.

 

Act 2004-89, SB123, continues the existence and functioning of the Alabama State Board of Public Accountancy pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 2, 2004.

 

Act 2004-90, SB124, continues the existence and functioning of the Alabama Board of Examiners in Psychology pursuant to the Alabama Sunset Law. The act also amends Section 34-26-21, Code of Alabama 1975, to provide that the Alabama Psychological Association, in lieu of the Alabama Association of Masters in Psychology, nominate candidates for the psychological technician position on the board.

EFFECTIVE DATE: April 2, 2004.

 

Act 2004-91, SB126, continues the existence and functioning of the Department of Insurance until October 1, 2006, pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 2, 2004.

 

Act 2004-92, SB127, continues the existence and functioning of the Office of Information Technology pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: April 2, 2004.

 

Act 2004-93, HB21, amends Section 23-1-5, Code of Alabama 1975, relating to the reimbursement to utilities of the costs of relocations of utility facilities pursuant to an order of the State Director of Transportation. The act provides for the reimbursement of the costs of the relocations by the state when the relocation of any utility facility is necessitated by the construction of any highway, road, or street, other than highways that are a part of the national system of interstate and defense highways, and the facility to be relocated is owned by any utility which had a gross income of $200,000,000 or less for the calendar year immediately preceding the relocation or, in the case of a utility which has been newly organized and created, if it had a gross income of $200,000,000 or less in its first complete year of operation or in the calendar year immediately preceding the relocation.

EFFECTIVE DATE: July 1, 2004.

 

Act 2004-94, HB319, proposes an amendment to the Constitution of Alabama of 1901, to authorize any county, and any municipality located within the county, to perform certain actions to promote economic and industrial development in the county, including, but not limited to, using public funds to purchase, improve, develop, lease, or sell real property, lending credit or public money to public or private corporations, becoming indebted, and issuing bonds.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-98, HB167, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Mobile County, to authorize the governing body of the City of Prichard to establish an Alabama Foreign Trade Investment Zone as a special tax district for the purpose of importing duty free and quota free articles eligible under the United States General System of Preferences and the Africa Growth and Opportunities Act, to authorize the special tax district to specify that the value of land and improvements on the land within the district shall be assessed and taxed for ad valorem tax purposes by county tax officials under a single site valuation system, and to provide further for the contractual powers of nonprofit organizations.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-103, SB105, continues the existence and functioning of the Alabama Electronic Security Board of Licensure pursuant to the Alabama Sunset Law. The act also amends Sections 34-1A-1, 34-1A-3, 34-1A-6, and 34-1A-7, Code of Alabama 1975, to include entities that monitor alarm systems within the definition of an alarm system installer, to provide for the licensing of monitoring entities, to authorize the board to investigate and conduct hearings on complaints, and to specify that the board is entitled to costs and attorney fees for any administrative action in which the board obtains relief.

EFFECTIVE DATE: April 8, 2004.

 

Act 2004-104, SB107, continues the existence and functioning of the Alabama Board of Cosmetology until October 1, 2005, pursuant to the Alabama Sunset Law. The act also amends Sections 34-7A-9 and 34-7A-20, Code of Alabama 1975, to clarify the qualifications for an applicant to receive a personal or business license, to specify the time period for imposing a penalty fee for late renewal, and to provide for the reinstatement of expired licenses.

EFFECTIVE DATE: April 8, 2004.

 

Act 2004-110, HB166, amends Sections 25-4-40.1 and 25-4-54, Code of Alabama 1975, to extend the expiration date of the special assessment used to fund the Employment Security Enhancement Fund from March 31, 2004, to March 31, 2006.

EFFECTIVE DATE: July 1, 2004.

 

Act 2004-111, HB169, amends Section 25-4-72, Code of Alabama 1975, relating to unemployment compensation weekly benefits, to increase the maximum unemployment benefits by $10 per week for benefit years which begin on or after July 4, 2004.

EFFECTIVE DATE: April 12, 2004.

 

Act 2004-112, HB440, effective October 1, 2003, exempts the gross proceeds from the sale or sales of materials or supplies to any person for the use in fulfilling a contract for the painting, repair, conversion, modification, or reconditioning of aircraft weighing 30,000 pounds gross weight or more if the materials and supplies enter into and become a component part of the aircraft from municipal sales and use tax in Class 2 municipalities.

EFFECTIVE DATE: July 1, 2004.

 

Act 2004-231, HB431, proposes an amendment to Amendment No. 718 to the Constitution of Alabama of 1901, pertaining only to Blount 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 2004-232, HB450, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Dallas County, to authorize the governing body of the City of Selma to establish an Alabama Foreign Trade Investment Zone as a special tax district for the purpose of importing duty free and quota free articles eligible under the United States General System of Preferences and the Africa Growth and Opportunities Act, and to authorize the special tax district to specify that the value of land and improvements on the land within the district shall be assessed and taxed for ad valorem tax purposes by county tax officials under a single site valuation system.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-239, HB368, amends Section 11-43-40, Code of Alabama 1975, relating to the election of city council members in municipalities with populations of 12,000 or more, to authorize the city council of any Class 6 municipality, with a population of 19,000 or more and operating under a mayor-council form of government, to provide staggered terms of office for elected members of the city council.

EFFECTIVE DATE: April 15, 2004.

 

Act 2004-240, HB577, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Monroe County, to specifically prohibit certain elected and appointed county officials from participating in the supernumerary program and to allow those officials to participate in the Employees' Retirement System.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-241, HB599, proposes an amendment to Amendment No. 649 to the Constitution of Alabama of 1901, pertaining only to Pickens County, to allow an administrative fee of not more than 3 percent to be withheld from the proceeds of the special ad valorem tax for fire protection.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-244, HB38, amends Section 27-15-28.1, Code of Alabama 1975, relating to the minimum interest rate for individual deferred annuities, to set the minimum interest rate at one and one-half percent until June 30, 2004. The act also adds Section 27-15-28.2 to the Code of Alabama 1975, to provide for the transition to a minimum interest rate for individual deferred annuities set at the lesser of three percent or a rate based on the five-year constant maturity treasury rate reported by the Federal Reserve, to allow the contract owner to request a paid-up annuity benefit on a plan stipulated in the contract, to allow companies offering individual deferred annuities the right to defer payment of a cash surrender benefit for a period of up to six months after making request and receiving written approval of the commissioner, to establish June 30, 2006, as the operative date of the act to become effective, and to permit the Commissioner of Insurance to promulgate regulations to implement these changes.

EFFECTIVE DATE: April 19, 2004.

 

Act 2004-245, HB116, is the Brownfield Development Tax Abatement Act. The act provides local tax abatement for brownfield development properties that are voluntarily cleaned up pursuant to Chapter 30E of Title 22, Code of Alabama 1975, the Alabama Land Recycling and Economic Redevelopment Act.

EFFECTIVE DATE: October 1, 2004.

 

Act 2004-246, HB216, amends Section 22-11A-16, Code of Alabama 1975, relating to the testing of pregnant women during gestation and women and newborns at delivery for syphilis, to require the attending physician, or other person authorized by law, to take serologic or other biologic samples of the women and newborns, as provided by the State Board of Health, for testing for sexually transmitted diseases for which there exists an effective vaccine or curative treatment approved by the federal Food and Drug Administration.

EFFECTIVE DATE: July 1, 2004.

 

Act 2004-257, SB228, is the Foster Parents' Bill of Rights Act. The act requires the Department of Human Resources to ensure that each foster parent have certain specified rights pertaining to foster children.

EFFECTIVE DATE: July 1, 2004.

 

Act 2004-258, HB268, proposes an amendment to the Constitution of Alabama of 1901, to promote the production, distribution, improvement, marketing, use, and sale of shrimp and seafood and shrimp and seafood products and to provide for the collection of assessments, fees, or other charges upon the sale of shrimp and seafood, or upon the sale of diesel fuel purchased for use in any commercial shrimp boat licensed to do business in this state, to finance the promotional programs and activities.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-259, HB591, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to the City of Trussville in Jefferson County, to authorize the city to annex certain property, to provide for the levy of an additional ad valorem tax for public school purposes in the city, and to provide for the rate of levy of the tax and the manner of conducting elections with respect to the tax.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-266, HB486, conditionally appropriates $2,000,000 from the Alcoholic Beverage Control Board Fund to the Alcoholic Beverage Control Board for a capital outlay program for the fiscal year ending September 30, 2004; appropriates $150,000 from the Alabama Underground and Aboveground Storage Tank Trust Fund to the Alabama Underground and Aboveground Storage Tank Trust Fund Management Board for the fiscal year ending September 30, 2004; and appropriates $1,000,000 from the Public Employees' Defined Contribution Savings Fund to the Board of Control of the Public Employees' Defined Contribution Savings Fund for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: April 21, 2004.

 

Act 2004-282, HB196, amends Sections 16-46-3, 16-46-5, 16-46-6, 16-46-7,

16-46-8, 16-46-9, and 16-46-10, Code of Alabama 1975, relating to education. The act provides for the licensing and regulation of correspondence and other schools offering courses of instruction by the State Department of Education and the Department of Postsecondary Education. The act specifies those schools exempt from licensing requirements, increases the maximum required surety for postsecondary proprietary institutions, permits the State Board of Education to promulgate a schedule of licensing fees, requires the formation of an advisory committee to the Chancellor of the Alabama Department of Postsecondary Education regarding private school licensing issues, and regulates advertising statements. The act requires that a permit to solicit students for such schools be renewed every two years on forms provided by the department and removes certain specific application and surety fee amounts for agents. The act also changes the appointing authority for the advisory committee to the Chancellor and removes references to the State Department of Education as applicable.

EFFECTIVE DATE: July 1, 2004.

 

Act 2004-290, HB264, amends Sections 5-18-13 and 5-18-15, Code of Alabama 1975, relating to the Alabama Small Loan Act, to provide for a loan charge on certain loans made by licensees under the act as an alternative to interest.

EFFECTIVE DATE: April 23, 2004.

 

Act 2004-291, HB705, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Crenshaw County, to repeal Amendment 496 to the Constitution of Alabama of 1901, which provides for the judge of probate to receive the same salary as the district judge in the county, beginning with the next term of office of the judge of probate.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-292, HB221, amends Sections 40-12-258 and 40-12-259, Code of Alabama 1975, relating to the registration of motor vehicles, to require the full payment of annual license taxes and registration fees for the reregistration of vehicles that have been stored and not used on the highways of this state and to provide exceptions for self-propelled campers or house cars, farm vehicles, and vintage vehicles, for which reregistration fees shall be prorated on a monthly basis. The act also provides for the proration of registration fees on a monthly basis for those vehicles acquired in or initially brought into Alabama.

EFFECTIVE DATE: January 1, 2005.

 

Act 2004-296, HB39, amends Section 19-3-328, Code of Alabama 1975, relating to fiduciaries and trusts, to clarify that certain statutory prohibitions concerning actions by trustees of express trusts who are also beneficiaries are not affected by the savings statute which states that nothing in the law shall be construed to abrogate any right, authority, or discretion which a trustee has under the terms of the trust instrument.

EFFECTIVE DATE: April 27, 2004.

 

Act 2004-297, HB113, amends Section 13A-8-2, Code of Alabama 1975, relating to theft of property, to specify that the taking of a donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization is theft of property.

EFFECTIVE DATE: April 27, 2004.

 

Act 2004-298, HB4, establishes the crime of custodial sexual misconduct as a Class C felony. The act provides that any employee of a governmental corrections facility who engages in sexual conduct with a person who is in custody of the Department of Corrections, the Department of Youth Services, a sheriff, a county, or a municipality shall, upon conviction, be guilty of custodial sexual misconduct. The act also provides that any probation or parole officer who engages in sexual conduct with a person who is under his or her custodial supervision, upon conviction, is guilty of custodial sexual misconduct.

EFFECTIVE DATE: July 1, 2004.

 

Act 2004-299, HB521, amends Section 34-24-333, Code of Alabama 1975, and adds Section 34-24-75.1 to the Code of Alabama 1975, relating to the Retired Senior Volunteer Program. The act permits the State Board of Medical Examiners to issue certificates of qualification to physicians meeting the requirement for participation in the program, without cost to the applicant, requires that the applicant perform no fewer than 100 hours of voluntary service annually, and limits the practice of the physician to an established free medical clinic or other nonprofit organization or facilities located in the state. The act provides for the qualifications for issuance of a certificate of qualification, authorizes the Medical Licensure Commission to issue a license to practice medicine to an applicant who has been issued a certificate of qualification, and authorizes the Medical Licensure Commission and the State Board of Medical Examiners to make rules and regulations necessary to implement the requirements of this act.

EFFECTIVE DATE: July 1, 2004.

 

Act 2004-300, HB544, authorizes certified public school teachers to contract with a local board of education to work less than full-time so long as their salaries on an hourly basis reflect employment for less than a full day, week, or contract year and are commensurate with the salary schedule hourly rate adopted by the Legislature based on their educational attainment and experience.

EFFECTIVE DATE: April 27, 2004.

 

Act 2004-301, HB267, provides for the promotion of the production, marketing, use, and sale of shrimp and seafood and their products and provides a means by which shrimpers and seafood fishermen, either singularly or jointly, may organize and by referendum levy upon themselves assessments for the purpose of financing promotion programs. The act provides a means of collecting, disbursing, and expending any assessments and provides for the promulgation of rules and procedures.

EFFECTIVE DATE: Contingent upon ratification of the constitutional amendment proposed by Act 2004-258.

 

Act 2004-311, HB735, amends Section 11-43-40, Code of Alabama 1975, relating to the election of the city council of municipalities having a population of 12,000 or more, to authorize the city council of a Class 8 municipality, having a population of 60,000 or more inhabitants, to provide that the city council be composed of seven members elected at large.

EFFECTIVE DATE: April 27, 2004.

 

Act 2004-312, SB434, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Limestone County, to provide for the equalization of the rate of ad valorem taxation levied for school purposes in that portion of the City of Madison located in Limestone County with that portion of the City of Madison located in Madison County.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-313, SB58, establishes the Interstate Compact for Juveniles. The act authorizes the Governor to execute the compact on behalf of the state, provides for the Interstate Commission and its powers and duties, provides for financing the commission, provides for dispute resolution by the commission, provides for a State Council for Interstate Juvenile Supervision and its membership, powers, and duties, and provides for withdrawal, default, and termination from the compact and judicial enforcement of the compact. The act also repeals Article 1, commencing with Section 44-2-1, Chapter 2, Title 44, Code of Alabama 1975, relating to compacts with other states on the supervision of juveniles, upon this compact becoming operative in at least 35 jurisdictions.

EFFECTIVE DATE: July 1, 2004. Operation is contingent upon the enactment of the compact in at least 35 jurisdictions.

 

Act 2004-314, SB77, subjects the Young Men's Christian Association of Mobile to the Alabama Nonprofit Corporations Act.

EFFECTIVE DATE: May 1, 2004.

 

Act 2004-315, SB168, relates to the Uniform Commercial Code. The act repeals and replaces Article 7, commencing with Section 7-7-101, of Title 7, Code of Alabama 1975, relating to Documents of Title. The act also amends Sections 7-1-201, 7-2-103, 7-2-104, 7-2-310, 7-2-323, 7-2-401, 7-2-503, 7-2-505, 7-2-506, 7-2-509, 7-2-605, 7-2-705, 7-2A-103, 7-2A-514, 7-2A-526, 7-4-104, 7-4-210, 7-8-103, 7-9A-102, 7-9A-203, 7-9A-207, 7-9A-208, 7-9A-301, 7-9A-310, 7-9A-312, 7-9A-313, 7-9A-314, 7-9A-317, 7-9A-338, and 7-9A-601, Code of Alabama 1975, and repeals Section 7-10-104, Code of Alabama 1975. The replaced Article 7 provides for all of the following: Short title; definitions; relation to treaty or statute; negotiable and nonnegotiable document of title; reissuance in alternative medium; control of electronic document of title; persons authorized to issue warehouse receipt and storage under bond; form of warehouse receipt and effect of omission; liability for nonreceipt or misdescription; duty of care and limit of liability; defeat of title; terminations of storage; goods kept separate and fungible goods; altered warehouse receipts; lien of warehouse; enforcement of lien; special provisions concerning bills of lading; general obligations concerning warehouse receipts and bills of lading; negotiation and transfer; and miscellaneous provisions. The amended sections relate to definitions; delivery of documents of sale; the form of a bill of lading; delivery of electronic document of title; tender of delivery; seller's shipment under reservation; rights of financing agency; risk of loss in absence of breach; waiver of buyer's objections; seller's stoppage of delivery; waiver of lessee's objection; lessor's stoppage of delivery in transit or otherwise; security interest of collecting bank; rules for determining certain obligations and interests or securities or financial assets; attachment and enforceability of security interest; rights and duties of secured party having possession or control of collateral; additional duties of secured party having control of collateral; law governing perfection and priority of security interests; required filing to perfect interest; perfection of various kinds; when possession or delivery perfects; perfection by control; interests taking priority; priority of security interest or agricultural lien; and rights after default and judicial enforcement. The repealed section provided for laws not repealed by the prior Article 7.

EFFECTIVE DATE: January 1, 2005.

 

Act 2004-316, SB187, amends Section 6-5-127, Code of Alabama 1975, which provides that certain agricultural, manufacturing, and industrial plants or establishments and farming operation facilities may not be deemed to be public nuisances due to changed circumstances if the establishments have been in existence for a period of at least one year, to include within the protection of the section any racetrack for automobiles or motorcycles, or both, operated in conjunction with a museum owned by a nonprofit corporation.

EFFECTIVE DATE: April 29, 2004.

 

Act 2004-323, SB47, amends Sections 23-4-2, 23-4-5, and 23-4-20, Code of Alabama 1975, relating to the vacation and closing of roads, streets, and alleys by local governing bodies and abutting landowners. The act revises the procedure to vacate roads, streets, or alleys and repeals Sections 23-4-3 and 23-4-4, Code of Alabama 1975.

EFFECTIVE DATE: July 1, 2004.

 

Act 2004-361, HB250, relates to Class 8 municipalities and municipal elections. The act authorizes the municipal governing body, for the purpose of designating voting places, to provide for the combination of districts in a ward and for the combination of wards.

EFFECTIVE DATE: April 30, 2004.

 

Act 2004-362, SB200, amends Section 36-27-6.1, Code of Alabama 1975, relating to purchasing service credit in the Employees' Retirement System of Alabama. The act removes the requirement that payment be received within one year of the ratification of local constitutional amendments authorizing the purchase.

EFFECTIVE DATE: July 1, 2004.

 

Act 2004-363, SB163, designates the blackberry as the official state fruit for Alabama.

EFFECTIVE DATE: April 30, 2004.

 

Act 2004-367, SB198, limits the civil liability of a farmer who permits an individual employed by, or an agent of, a nonprofit entity to enter property under the control of the farmer for the purpose of removing, or gleaning, remaining crops. The act provides that the farmer owes the individual the same duty of care that would be owed a trespasser.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-374, SB355, amends Section 34-24-70, Code of Alabama 1975, to allow the State Board of Medical Examiners to extend the period of time allowed for completion of certain steps of the United States Medical Licensing Examination for dual degree candidates from 10 to 15 years.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-382, SB146, relates to any Class 2 municipality. The act provides procedures for any Class 2 municipality to establish one or more self-help business improvement districts to provide supplemental services. The act provides for the management, operation, powers, and duties of the districts, including the creation of nonprofit corporations to manage the districts, and specifies what provisions are required in the articles of incorporation of district management corporations. The act provides for the dissolution of a district and withdrawal of a nonprofit corporation's designation as a district management corporation, and also provides that district management corporations shall have no power of eminent domain.

EFFECTIVE DATE: May 3, 2004.

 

Act 2004-383, SB349, appropriates $4,726,460 from the Education Trust Fund to Tuskegee University in Tuskegee, Alabama, for the fiscal year ending September 30, 2005.

EFFECTIVE DATE: October 1, 2004.

 

Act 2004-384, SB51, amends Section 11-3-8, Code of Alabama 1975, relating to county commission meeting days, to authorize a county commission to establish its regular meeting days at its organizational meeting, to authorize the scheduling of special meetings when necessary, and to further provide for the rescheduling of a regular meeting that falls on a legal holiday. The act also repeals Sections 11-3-8.1 and 11-3-9, Code of Alabama 1975.

EFFECTIVE DATE: May 3, 2004.

 

Act 2004-386, SB393, recognizes and establishes the Alabama Virtual Library as an educational entity for public school students which is eligible to receive funds from the Education Trust Fund Rainy Day Account.

EFFECTIVE DATE: May 4, 2004.

 

Act 2004-389, HB775, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Limestone 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. The act also proposes to allow employees of the Town of Ardmore in Limestone County to participate in the Employees' Retirement System.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-390, HB776, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Limestone County, to authorize the City of Athens to acquire, construct, own, develop, operate, lease, and dispose of certain projects for commercial development to be located within the corporate limits of the city and to provide for the issuance by the city of certain special or limited obligation securities.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-391, HB680, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Morgan County, to authorize the City of Hartselle to acquire, construct, own, develop, operate, lease, and dispose of certain projects for commercial development to be located within the corporate limits of the city and to provide for the issuance by the city of certain special or limited obligation securities.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-392, HB751, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Conecuh County, to authorize the establishment of the Conecuh County Reservoir Management Area Authority for the development of Murder Creek in Conecuh County.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-393, HB576, proposes an amendment to Amendment 631 to the Constitution of Alabama of 1901, pertaining only to Clarke County, to include the sheriff in the list of elected or 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 2004-394, HB449, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Macon County, to authorize the governing body of the City of Tuskegee in Macon County to establish an Alabama Foreign Trade Investment Zone as a special tax district for the purpose of importing duty free and quota free articles eligible under the United States General System of Preferences and the Africa Growth and Opportunities Act and to authorize the special tax district to specify that the value of land and improvements on the land within the district shall be assessed and taxed for ad valorem tax purposes by county tax officials under a single site valuation system.

EFFECTIVE DATE: Contingent upon ratification

 

Act 2004-395, HB706, proposes an amendment to Amendment 652 to the Constitution of Alabama of 1901, pertaining only to St. Clair County, to revise the distribution of the proceeds of the ad valorem tax for fire protection.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-396, HB158, amends Sections 22-13-31, 22-13-32, 22-13-33, and 22-13-35, Code of Alabama 1975, relating to the Alabama Statewide Cancer Registry, to include benign brain-related tumors in the cases required to be reported to the State Health Department.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-397, HB529, amends Sections 40-21-82 and 40-21-102, Code of Alabama 1975, relating to the taxation of telecommunications services, to provide for the taxation of only the taxable portion of a bundled telecommunications service.

EFFECTIVE DATE: May 5, 2004.

 

Act 2004-398, HB90, creates the status of senior judge for certain retired district court judges and circuit court judges who have served for 10 or more years in such capacity. The act requires the Chief Justice to appoint eligible judges as senior judges under certain specified circumstances. The act subjects senior judges to the same ethical standards and discipline as other judges and provides that senior judges receive the same per diem expenses and mileage as state employees.

EFFECTIVE DATE: May 5, 2004.

 

Act 2004-399, SB315, appropriates $144,996 from the Education Trust Fund to Lyman Ward Military Academy in Camp Hill, Alabama, for the fiscal year ending September 30, 2005.

EFFECTIVE DATE: October 1, 2004.

 

Act 2004-400, SB325, appropriates $363,756 from the Education Trust Fund to Talladega College in Talladega, Alabama, for the fiscal year ending September 30, 2005.

EFFECTIVE DATE: October 1, 2004.

 

Act 2004-401, SB510, appropriates $310,709 from the Education Trust Fund to Marion Military Institute in Marion, Alabama, for the fiscal year ending September 30, 2005.

EFFECTIVE DATE: October 1, 2004.

 

Act 2004-417, SB544, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Mobile County, to authorize the issuance of bonds for land and capital improvements and to continue the levy of the tax authorized by Amendment 18 to the Constitution of Alabama of 1901, as amended.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-419, SB160, amends Section 39-2-12, Code of Alabama 1975, relating to public works projects, to require prompt payment of contracts.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-433, SB498, amends Section 38-3-5, Code of Alabama 1975, relating to the Department of Senior Services, to allow the executive director of the department to contract for meals programs administered by the department for periods of up to five years with five additional one-year extension options.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-438, HB76, amends Section 11-40-18.2, Code of Alabama 1975, relating to the indemnification and liability under the firemen's and policemen's supplemental pension system in any Class 1 municipality, to limit the liability of the board of managers of the firemen's and policemen's supplemental pension plan and any officer, employee, or agent of the board for acts of negligence in relation to the plan or the fund.

EFFECTIVE DATE: May 12, 2004.

 

Act 2004-440, HB684, is the Uniform Disposition of Unclaimed Property Act. The act adds Article 2A, commencing with Section 35-12-70, to Chapter 12, Title 35, to the Code of Alabama 1975, to provide for the receipt and disposition by the State Treasurer of various unclaimed property, to specify the allocation of proceeds derived, and to specify certain penalties and enforcement provisions. The act also repeals Article 2, commencing with Section 35-12-20, of Chapter 12, Title 35, Code of Alabama 1975.

EFFECTIVE DATE: May 12, 2004.

 

Act 2004-441, SB80, amends Sections 34-14C-4, 34-14C-6, and 34-14C-7, Code of Alabama 1975, relating to the Alabama Board of Home Medical Equipment Services Providers, to provide further for the regulation and fees of out-of-state home medical equipment services providers.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-442, SB201, amends Section 34-24-123, Code of Alabama 1975, relating to the licensing of chiropractors, to prohibit any person not licensed by the board to own a chiropractic practice or office without first obtaining a valid permit for the practice or office.

EFFECTIVE DATE: May 13, 2004.

 

Act 2004-443, SB35, authorizes the Alabama Department of Public Health to establish, create, and maintain a controlled substances prescription database program and a controlled substances prescription database advisory committee. The act requires the reporting of controlled substance prescription data to the department by pharmacies, physicians, and other practitioners who are authorized to prescribe controlled substances and enumerates the data elements to be reported. The act lists persons and entities permitted access to the database, provides for the confidentiality of all information maintained in the database, and prescribes penalties for the unauthorized disclosure of information contained in the database. The act assesses a surcharge of $10 per year on the controlled substance registration certificate of each licensed medical, dental, podiatric, optometric, and veterinary medicine practitioner to be used by the Department of Public Health for the development, implementation, operation, and maintenance of the database. The act provides that the database will be operational within 12 months after the State Health Officer certifies that sufficient funds are available to implement and operate the database, and also provides that persons or entities required to report information to the database are not liable for any claim of damages as a result of such report.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-449, SB221, amends Sections 9-11-44, 9-11-44.1, 9-11-53, and 9-11-53.1, Code of Alabama 1975, relating to issuance of resident annual hunting licenses, freshwater fishing licenses, and saltwater fishing licenses by the Department of Conservation and Natural Resources. The act provides that U.S. military personnel stationed in Alabama on active duty be deemed residents for purposes of procuring a license, provides for the punishment of any person providing false information to obtain a license, and exempts active duty U.S. military personnel, Alabama residents who are active members of the National Guard, and certified law enforcement personnel from hunter safety education requirements. The act specifies that game, fish, and wildlife licenses and permits are not transferable and provides criminal penalties for the borrowing, lending, or altering of licenses and permits. The act also authorizes residents of this state on leave from active military duty to hunt or fish without a license.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-450, SB233, amends Sections 34-23-30, 34-23-32, 34-23-52, and 34-23-131, Code of Alabama 1975, relating to permits and licenses issued by the Alabama State Board of Pharmacy. The act provides for biennial licensing, permits the board to determine certain fees, and requires continuing education of pharmacists and pharmacy technicians.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-455, SB331, amends Section 11-3-6, Code of Alabama 1975, relating to county commissions, to authorize the Legislature by local law to provide for the filling of vacancies in the office of county commissioner.

EFFECTIVE DATE: May 14, 2004.

 

Act 2004-456, SB223, 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, 2005.

EFFECTIVE DATE: October 1, 2004.

 

Act 2004-484, SB176, adopts and incorporates into the Code of Alabama 1975, the general and permanent laws enacted during the 2001 Second, Third, and Fourth Special Sessions, 2002 Regular Session, 2003 Regular Session, and the 2003 First Special Session of the Legislature. The act makes certain corrections to Sections 9-16-74, 16-27-8, and 34-9-19, Code of Alabama 1975.

EFFECTIVE DATE: May 17, 2004.

 

Act 2004-485, SB142, amends Section 30-1-7, Code of Alabama 1975, to authorize an active or retired judge of probate to solemnize a marriage anywhere within the state.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-486, SB46, amends Sections 5-21-7, 18-1A-211, and 41-14-33, Code of Alabama 1975, relating to interest paid on state deposits and the interest rate paid on judgments in condemnation actions. The act provides that certain interest rates paid to the state be based on the one-year and two-year constant maturity yield rather than on the one-year treasury bill and the two-year treasury note, and provides that judgments in condemnation actions shall bear interest based upon the one-year constant maturity yield rather than on the one-year treasury bill.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-487, SB205, amends Sections 13A-14-2, 36-12-40, 39-2-2, and 41-16-51, Code of Alabama 1975, relating to the open records law, the sunshine law, the competitive bid law, and the public works law, to codify existing case law and to exempt records, information, or discussions concerning security plans, procedures, or other security related information from the purview of those laws.

EFFECTIVE DATE: May 17, 2004.

 

Act 2004-488, SB59, amends Section 31-1-1, Code of Alabama 1975, relating to the recordation in the probate office of honorable discharges from the United States Army, Navy, or Marine Corps. The act provides for the recording of releases from active duty from the United States Air Force and Coast Guard and permits inspection of the records by county veteran service officers.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-489, SB155, amends Section 9-17-106, Code of Alabama 1975, relating to permits and fees for persons engaged in the liquefied petroleum gas business. The act provides that the fee is based on gallons of liquefied petroleum gas and not the total cost of the invoice, provides that the fee is collected only once on the same gallon, and eliminates the option for permit holders to request a refund on the fee paid on gallons sold to end users outside of the state. Note: Act 2004-87 also amends Section 9-17-106, Code of Alabama 1975.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-490, SB304, amends Section 40-22-2, Code of Alabama 1975, to provide further for recording fees on mortgages securing revolving lines of credit.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-501, SB326, amends Sections 34-11-2, 34-11-4, 34-11-6 to 34-11-9, inclusive, 34-11-14, and 34-11-16, Code of Alabama 1975, relating to the regulation and licensure of engineers and land surveyors. The act provides for the rights and liabilities of professional land surveyors when entering upon the lands of others. The act provides for the different levels of practice as an engineer and land surveyor and specifies the qualifications, education, and examination requirements for obtaining licensure. The act requires each professional land surveyor to sign his or her name to any work product bearing his or her seal, provides for holders of certificates of authorization, provides for the filing of names and addresses of corporations and firms engaged in the practice, and specifically exempts certain engineering services provided by registered geologists from licensure and regulation.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-502, SB403, amends Sections 10-4-115 and 27-21A-23, Code of Alabama 1975, relating to the applicability of insurance laws to certain health service plans, to offer coverage for colorectal cancer examinations. The act requires insurance organizations providing protection, indemnity, or insurance or insurance contract service against hospital, medical, or surgical expenses, or health maintenance organizations, to offer coverage for all colorectal cancer examinations and laboratory tests specified in current American Cancer Society guidelines in group health benefit plans issued or renewed in this state.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-504, SB470, amends Sections 11-41-1 and 11-41-2, Code of Alabama 1975, to further provide for the incorporation of a municipality.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-505, HB303, amends Section 40-18-100, Code of Alabama 1975, relating to setoff debt collection, to allow the Unified Judicial System to setoff from income tax returns the fines and court costs that are owed from certain taxpayers as a result of any court or judicial proceeding.

EFFECTIVE DATE: May 17, 2004.

 

Act 2004-507, HB710, relates to Class 2 municipalities. The act exempts the Centre for the Living Arts, Inc., from all municipal ad valorem and sales and use taxes.

EFFECTIVE DATE: May 17, 2004.

 

Act 2004-516, HB370, amends Sections 2-14-3, 2-14-9, 2-14-13, 2-15-21, 2-15-23, 2-15-41, 2-15-62, 2-15-92, 2-15-132, 2-16-3, 2-19-61, 2-19-102, 2-19-106, 2-21-19, 2-21-24, 2-22-4, 2-22-5, 2-22-9, 2-22-20, 2-23-3, 2-23-5, 2-23-9, 2-25-6, 2-26-5, 2-27-8, 2-27-9, 2-27-10, 2-27-11, 2-27-53, 2-28-4, 2-28-6.1, 2-31-3, 8-15-3, 8-16-15, 8-16-51, 8-16-121, 8-16-122, 8-17-23, 8-17-91, 8-17-173, and 20-1-78, Code of Alabama 1975, to allow the Alabama Board of Agriculture and Industries to establish the amount of fees or permit fees for the enforcement of laws relating to animals, food, agriculture, pesticides, weights and measures, and petroleum products. The act also increases the distribution of certain proceeds received from fees and penalties collected by the Commissioner of Agriculture and Industries and deposited into the Agricultural Fund. The provisions of this act amending Section 8-17-91, Code of Alabama 1975, became null, void, and ineffective upon enactment of Act 2004-546.

EFFECTIVE DATE: May 17, 2004.

 

Act 2004-517, SB66, amends Section 36-17-18, Code of Alabama 1975, relating to the investment of state funds, to allow the State Treasurer to invest in obligations backed by the full faith and credit of the State of Israel in addition to other investments.

EFFECTIVE DATE: May 17, 2004.

 

Act 2004-518, SB43, creates the Alabama State Board of Respiratory Therapy to provide for the competency examination and licensing of persons administering respiratory therapy and to provide for waivers from examinations and licensing. The act provides for the membership, terms, meetings, powers, duties, and responsibilities of the board, mandatory continuing education, fees, and causes and procedures for disciplinary action. The act prohibits certain acts, including false representation of licensure, creates the Alabama State Board of Respiratory Therapy Fund, establishes penalties for violations, and subjects the board to the Alabama Sunset Law.

EFFECTIVE DATE: May 17, 2004.

 

Act 2004-519, SB50, amends Sections 11-3-4 and 11-3-4.1, Code of Alabama 1975, relating to the compensation and expenses of members of county commissions, to provide that members of a county commission, including a judge of probate who serves as chair, would be entitled to reimbursement of all actual travel expenses, other than mileage, and the same mileage rate as is allowed for federal income tax deduction for travel in their personal vehicles in the performance of their duties as a county commissioner, both within and outside of the county. The act also specifies that the stated minimum compensation provisions would no longer apply after the minimum compensation of a county commissioner has been calculated pursuant to the Omnibus Pay Act for County Officials.

EFFECTIVE DATE: November 9, 2004.

 

Act 2004-520, SB81, amends Sections 40-12-248 and 40-12-253, Code of Alabama 1975, relating to motor vehicle registration and taxation. The act creates a new motor vehicle registration weight bracket for trucks with a gross weight of 8,001 to 10,000 pounds and establishes a fee for the new weight bracket. The act provides that any credit voucher may be immediately presented for credit against ad valorem taxes payable on any other motor vehicle or vehicles, increases the period for claiming any credit due, requires that any credit voucher issued be used at the time of issuance, provides for a credit refund when credit is not applied at time of issuance, and authorizes the issuance of certain distinctive tags for certain trucks.

EFFECTIVE DATE: January 1, 2005.

 

Act 2004-521, SB218, amends Sections 32-6-49.7, 32-6-49.8, 32-6-49.9, 32-6-49.11, 32-6-49.19, and 32-6-49.22, Code of Alabama 1975, relating to the Department of Public Safety and commercial driver licenses, to require the issuance of commercial driver license learner's permits. The act provides for the process for applying for a commercial driver license learner's permit, increases the fee for application, and provides fees for the skills test and retests and for certain endorsements. The act provides further for disqualifications from driving a commercial motor vehicle, increases the fees for licenses, and adds a fee for commercial driver license learner's permits. The act provides that no person charged with a violation of the commercial driver license laws shall be eligible for any deferred prosecution programs, diversion programs, or deferred imposition of judgment program.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-522, SB357, relates to landlords and tenants. The act provides that any bill for sewer service received in the name of a tenant or tenants is the sole responsibility of the tenant and does not constitute a lien on the property where the sewer service was received.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-523, SB41, authorizes the Alabama State Board of Veterinary Medical Examiners to promulgate rules and regulations relating to the purchase, possession, storage, and use of certain controlled substances used for the purposes of euthanizing animals. The act specifies who may purchase, possess, store, and use the substances and provides for the revocation or suspension of those permitted. The act establishes the qualifications for persons permitted to euthanize animals and provides for a euthanasia technician certification course and licensure. The act provides for licensure and approval of facilities that employ euthanasia technicians, provides that law enforcement officers or veterinarians may euthanize certain animals in case of dangerous or emergency situations, authorizes the Attorney General to enjoin violations, and specifies that violations are Class B misdemeanors.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-524, SB68, repeals and replaces Article 1, Title 7, Code of Alabama 1975, relating to the general provisions of the Uniform Commercial Code. The act provides for short titles; scope; construction; severability; word usage; section captions; relation to Electronic Signatures in Global and National Commerce Act; definitions; notice and knowledge; lease distinguished from security interest; value; reasonable time and seasonableness; presumptions; territorial applicability; variation by agreement; course of performance; course of dealing and usage of trade; obligation of good faith; liberal administration of remedies; waiver or renunciation of claim or right after breach; prima facie evidence by third-party documents; performance or acceptance under reservation of rights; option to accelerate at will; and subordinated obligations. The act amends Sections 7-2-202, 7-2A-501, 7-2A-518, 7-2A-519, 7-2A-527, 7-2A-528, 7-3-103, 7-4A-105, 7-4A-106, 7-4A-204, and 7-5-103, Code of Alabama 1975, to conform references in those sections to the new Article 1, and repeals Sections 7-2-208 and 7-2A-207, Code of Alabama 1975, concerning course of performance or practical considerations concerning contracts for sales and leases.

EFFECTIVE DATE: January 1, 2005.

 

Act 2004-525, SB266, amends Sections 34-27A-2, 34-27A-4, 34-27A-5, 34-27A-7, 34-27A-11, 34-27A-20, and 34-27A-26, Code of Alabama 1975, relating to the licensing and regulation of real estate appraisers. The act requires diversity on the board and provides further for the removal and compensation of the members of the board. The act revises the qualifications of applicants for licensing, provides for the revocation and suspension of licenses, and provides for the retention of contracts and certain records by the board.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-526, SB375, relates to the retail sale of shellfish, wild fish, or farm-raised fish. The act prescribes penalties for knowingly offering for direct retail sale for human consumption any shellfish, wild fish, or farm-raised fish that has been processed with chloramphenicol, nitrofurans, or similar veterinary drugs used in processing some imported seafood and banned by the United States Food and Drug Administration.

EFFECTIVE DATE: May 17, 2004.

 

Act 2004-528, SB245, amends Section 26-10A-6, Code of Alabama 1975, relating to adoption, to permit the adoption of an adult, with the written consent of the adoptee, if the adoptee is related or is a stepchild by marriage or if the adopting individuals are husband and wife.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-529, SB75, amends Sections 32-6-61, 32-6-65, 40-12-242, 40-12-260, and 40-12-264, Code of Alabama 1975, relating to the licensing and registration of motor vehicles, to increase from 10 to 20 days the time in which a motor vehicle is to be registered after acquisition.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-530, SB154, amends Sections 34-3-40 and 34-3-41, Code of Alabama 1975, relating to the members of the Board of Commissioners of the Alabama State Bar, to provide for nine additional at-large members to serve staggered terms and to be selected to reflect the racial, ethnic, gender, age, and geographic diversity of the membership of the Alabama State Bar.

EFFECTIVE DATE: January 1, 2005.

 

Act 2004-532, HB266, amends Sections 40-26B-21 and 40-26B-26, Code of Alabama 1975, relating to the privilege tax on nursing facilities, to increase the supplemental privilege tax for each bed in a nursing facility from $200.04 to $900 and to increase the nursing facility provider's cap on actual allowable reported direct cost per patient day from cost plus 10 percent to cost plus 11 percent.

EFFECTIVE DATE: May 20, 2004.

 

Act 2004-533, HB817, relates to the Public School and College Authority, Corrections Institution Finance Authority, Mental Health Finance Authority, Judicial Building Authority, Building Renovation Finance Authority, Public Health Care Authority, and Incentives Finance Authority. The act defines certain terms, makes legislative findings and declarations, and allows for the issuance of refunding obligations by the State of Alabama and the authorities without regard to statutory debt service savings requirements if, at or prior to the issuance of the refunding obligations, the state or authority enters into one or more swap agreements to determine that the aggregate annual payment obligation is an amount not expected to exceed the aggregate annual amount payable on the refunded bonds. The act terminates and becomes null and void on September 30, 2005, except as to transactions entered into or committed to by the state or any of the authorities prior to that date.

EFFECTIVE DATE: May 17, 2004.

 

Act 2004-534, SB344, amends Sections 40-12-390, 40-12-395, and 40-12-400, Code of Alabama 1975, relating to the sales of new and used motor vehicles, to provide that dealers of new and used motor vehicles may conduct sales from locations off-site of their permanent location under certain circumstances and to provide for increased fines for certain violations.

EFFECTIVE DATE: May 17, 2004.

 

Act 2004-535, HB721, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Limestone County, to grant certain home rule powers, not including the power to tax or raise revenue, to the Limestone County Commission.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-536, HB526, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Macon County, to authorize the Legislature to enact a local law authorizing the Macon County Commission to levy a tax on the sale of all tobacco products and liquor or wine and to provide for the collection and distribution of the tax and the proceeds.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-537, HB657, proposes an amendment to Amendment 93, as amended by Amendment 354 to the Constitution of Alabama of 1901, to provide for an excise tax to be levied by the Legislature in lieu of an ad valorem tax on certain motor vehicles and to provide for the distribution of the proceeds.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-538, HB253, establishes the crime of administration of medication to a child by an owner, operator, or employee of a licensed or statutorily exempt child care facility with the intent to drug the child or alter the child's behavior, beyond what is medically prescribed or with reckless disregard for the health, safety, and welfare of the child. The act classifies violations as Class A, Class B, or Class C felonies, depending upon the degree of injury sustained by the child.

EFFECTIVE DATE: November 1, 2004.

 

Act 2004-539, SB502, creates the Alabama Prescription Cost Initiative and the Alabama Prescription Cost Initiative Board for the purpose of negotiating lower prescription costs for state programs. The act provides for the powers and duties of the board and allows the board, through its executive director, to negotiate for drug discounts and rebates or to enter into agreements with pharmacy benefits managers or cooperatives or manufacturers for drug discounts and rebates. The act provides rulemaking powers for the board and exempts board rules from the Alabama Administrative Procedure Act.

EFFECTIVE DATE: July 1, 2004.

 

Act 2004-541, SB399, amends Sections 35-8B-1, 35-8B-2, and 35-8B-3, Code of Alabama 1975, relating to community development districts, to revise the definition of a community development district and the manner of establishing a community development district and to authorize the sale of alcoholic beverages, for on-premises consumption, in the community development district.

EFFECTIVE DATE: May 17, 2004.

 

Act 2004-542, HB840, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Hale County, to levy an additional 30 mills on the net taxable value of all taxable property, excluding Class IV motor vehicles, to increase the homestead exemption from $2,000 to $5,000, and to provide for the specific distribution of the additional funds pursuant to local act. By its terms, the proposed amendment becomes null and void if a local act providing for the specific distribution is not enacted during the 2005 Regular Session, and any funds generated from the tax levies in effect prior to ratification will be distributed as provided by law in effect prior to ratification of this amendment.

EFFECTIVE DATE: Contingent upon ratification.

 

Act 2004-543, HB572, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Madison 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 2004-545, HB716, amends Sections 40-25-2 and 40-25-23, Code of Alabama 1975, relating to tax on cigarettes and other tobacco products. The act increases the rate of tax on all cigarettes and other tobacco products and provides that the increased tax is exclusive and in lieu of future local taxes on cigarettes and other tobacco products. The act requires local cigarette taxes to be collected through the use of stamps and provides for the distribution of the revenue.

EFFECTIVE DATE: May 18, 2004.

 

Act 2004-546, HB317, amends Sections 8-17-87, 8-17-91, 40-17-220, and 40-17-222, Code of Alabama 1975, relating to gasoline tax, to eliminate the inspection fee on diesel fuel, to increase the excise tax to a total of $.19 per gallon, and to provide for the distribution of revenues to counties, municipalities, and the Department of Transportation.

EFFECTIVE DATE: October 1, 2004.

 

Act 2004-547, HB60, adds Section 32-6-353 to the Code of Alabama 1975, to establish a new distinctive license plate category for United States military service members and civilian employees of the United States government who have served or are serving in an active status, either on active duty or within a National Guard or reserve component, in current or future conflicts in support of the global war on terrorism on or after September 11, 2001.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-549, HB24, amends Section 16-1-37, Code of Alabama 1975, relating to high school diplomas for honorably discharged veterans, to provide for the award of a high school diploma to any honorably discharged veteran who served in the United States Armed Forces at anytime between December 7, 1941, and January 31, 1946, and between June 27, 1950, and January 31, 1955, was a resident of Alabama prior to entry into the United States Armed Forces, and whose entry into the United States Armed Forces interrupted high school attendance and prevented graduation.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-550, HB658, amends Sections 40-9-1, 40-12-252, and 40-12-268, Code of Alabama 1975, relating to the registration and taxing of certain motor vehicles. The act revises the registration process for certain trucks and truck tractors based in Alabama and those vehicles registered under the International Registration Plan and for truck trailers, tractor trailers, and semitrailers to remove the ad valorem tax liability and substitute an excise tax applicable to certain vehicles, irrespective of base, that are doing business in Alabama. The act also provides for a permanent trailer registration plate in certain circumstances.

EFFECTIVE DATE: Contingent upon ratification of constitutional amendment proposed by Act 2004-537.

 

Act 2004-552, HB3, relates to child support payments. The act authorizes a court to provide for the rebate of interest entered on delinquent child support payments under certain conditions and provides that the rebate of interest applies to all child support orders entered before and after August 1, 2004.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-553, HB22, amends Section 11-50-393, Code of Alabama 1975, relating to the compensation of the members of the boards of directors of certain public water and sewer corporations and gas districts owned by municipalities, to increase the compensation for the members of the boards of directors for such corporations from $150 to $450 for each directors’ meeting attended and, for the chair, from $200 to $500 for each directors’ meeting attended.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-554, HB34, amends Section 32-6-61, Code of Alabama 1975, relating to the state motor vehicle staggered registration law, to shift the expiration date from the last day of the month preceding the designated renewal month to the last day of the designated renewal month.

EFFECTIVE DATE: January 1, 2005.

 

Act 2004-555, HB405, amends Section 35-4-26, Code of Alabama 1975, relating to officers authorized to take acknowledgments for conveyances and other recorded instruments in other states or foreign countries. The act alters the procedure for taking acknowledgments outside this state and provides the procedure for taking acknowledgments by members of the Armed Forces of the United States. The act provides that the acknowledgment is valid in this state if it is executed in compliance with the law of the place where executed.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-556, HB435, amends Section 8-21A-2, Code of Alabama 1975, to include lawn and garden dealers among the dealers protected under the Tractor, Lawn and Garden and Light Industrial Equipment Franchise Act.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-557, HB478, relates to motor vehicle driver’s licenses. The act specifies the procedures for a foreign national to obtain, and the expiration of, a motor vehicle driver's license, non-driver identification card, or vessel license.

EFFECTIVE DATE: May 19, 2004.

 

Act 2004-559, HB262, appropriates $503,583 from the State General Fund to the Coalition Against Domestic Violence for the fiscal year ending September 30, 2005.

EFFECTIVE DATE: October 1, 2004.

 

Act 2004-560, HB290, appropriates $62,814,896 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, 2005; appropriates $43,712,309 from additional tobacco settlement funds to the Department of Children's Affairs ($227,348), 21st Century Debt Service ($13,000,000), the Senior Services Trust Fund ($1,356,699), the Alabama Medicaid Agency ($26,628,262), and the Department of Senior Services - Medicaid Waiver ($2,500,000) for the fiscal year ending September 30, 2005; and conditionally appropriates any additional tobacco revenues received for the fiscal year ending September 30, 2005, subject to certain recommendations and notification, operational reporting, and audit procedures.

EFFECTIVE DATE: May 20, 2004.

 

Act 2004-561, HB294, appropriates $840,600 from the State General Fund to the Children's Advocacy Programs in Alabama for the fiscal year ending September 30, 2005.

EFFECTIVE DATE: October 1, 2004.

 

Act 2004-562, HB270, 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, 2005.

EFFECTIVE DATE: October 1, 2004.

 

Act 2004-563, HB298, makes a supplemental appropriation of $39,800,000 from the State General Fund to the Alabama Medicaid Agency for the fiscal year ending September 30, 2004; makes a supplemental appropriation of $6,104,700 from the Alabama Health Care Trust Fund to the Alabama Medicaid Agency for the fiscal year ending September 30, 2004; makes a supplemental appropriation of $250,000 from the Veterans' Assistance Fund to the Alabama Department of Veterans' Affairs for the fiscal year ending September 30, 2004; makes a supplemental appropriation of $80,000 from the Archival Service Fund to the Alabama Department of Archives and History for the fiscal year ending September 30, 2004; makes a conditional appropriation of $3,000,000 from the Alabama Capital Improvement Trust Fund to the Alabama Building Renovation Finance Authority for the fiscal year ending September 30, 2004; and makes a supplemental appropriation of $500,000 from the DNA Database Fund and $250,000 from the Alabama Forensic Services Trust Fund to the Alabama Department of Forensic Sciences for the fiscal year ending September 30, 2004.

EFFECTIVE DATE: May 20, 2004.

 

Act 2004-564, SB385, amends Section 20-2-190, Code of Alabama 1975, prohibiting the possession, sale, or transfer of precursor chemicals which may be used in the manufacture of controlled substances, to specify that the exception provided for prescription and over-the-counter products or products containing a precursor chemical does not apply if the product is possessed with knowledge or intent that the substance will be used in the unlawful manufacture of a controlled substance. The act also establishes the Methamphetamine Abuse Task Force and provides that the Alcoholic Beverage Control Board administer the training program.

EFFECTIVE DATE: May 20, 2004.

 

Act 2004-565, HB539, amends Section 15-22-36, Code of Alabama 1975, to require the Board of Pardons and Paroles to send notices of hearings to victims, the immediate family members of deceased victims, prosecutors and judges, and certain chiefs of police.

EFFECTIVE DATE: May 21, 2004.

 

Act 2004-566, HB42, amends Sections 16-24-5, 16-24-6, 16-24-7, 16-24-9, and 16-24-10, Code of Alabama 1975, and adds Sections 16-24-14 to 16-24-22, inclusive, to the Code of Alabama 1975, relating to the Teacher Tenure Law. The act streamlines the contest and appeal processes for teachers, clarifies the procedures to be followed when a teacher is suspended, and provides that teachers would have contract cancellation, transfer, and suspension contests heard by a hearing officer from the United States Federal Mediation and Conciliation Service. The act specifies that the decision of the hearing officer in cancellations and suspensions for greater than seven days without pay could 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, relating to the State Tenure Commission.

EFFECTIVE DATE: July 1, 2004.

 

Act 2004-567, HB43, amends Sections 36-26-103 to 36-26-108, inclusive, Code of Alabama 1975, and adds Sections 36-26-109 to 36-26-116, inclusive, to the Code of Alabama 1975, relating to the Fair Dismissal Act. The act streamlines the contest and appeal processes for education employees regarding transfers, terminations, and suspensions and provides for contests relating to terminations, transfers, and suspensions to be heard by a hearing officer from the United States Federal Mediation and Conciliation Service. The act also specifies that the decision of the hearing officer in terminations and suspensions for greater than seven days without pay could be appealed by either party to the Court of Civil Appeals.

EFFECTIVE DATE: July 1, 2004.


Act 2004-623, HB210, amends Section 28-1-6, Code of Alabama 1975, relating to the issuance of licenses for the sale of intoxicating beverages in Class 1 municipalities and Class 2 municipalities. The act removes the right to recovery of attorney fees from a Class 1 municipality when an applicant prevails in a judicial review of a denial of an ABC license and further defines "circumstances clearly detrimental to the adjacent residential neighborhoods" when such reason is used to deny a license to an applicant.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-624, HB280, amends Section 36-6-1, Code of Alabama 1975, relating to state employee paydays, to move the September 30, 2005, payday to October 1, 2005.

EFFECTIVE DATE: May 25, 2004.

 

Act 2004-625, SB337, relates to counties and municipalities. The act allows a county or an incorporated municipality to contract, without soliciting or obtaining competitive bids, for goods or services with any vendor or provider at a price which does not exceed the price which the state has established through the competitive bid process for the same goods or services.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-627, HB514, amends Sections 2-2-14.2, 2-7-2, 2-7-24, 2-15-4, 2-15-20, 2-15-60, 2-15-297, 2-15-298, 2-15-299, 2-15-317, 3-1-11.1, 3-1-27, 3-2-1, 3-4-2, 3-4-3, 3-5-1, 6-5-337, 6-9-95, 11-47-110, and 13A-8-4, Code of Alabama 1975, as those sections relate to horses and livestock, to include the terms "equine" and "equidae" for purposes of conformity and to make other technical corrections. The act also repeals Section 2-15-296, Code of Alabama 1975, relating to dipping of horses, mules, and asses kept in tick infested lots, pens, pastures, or ranges.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-628, HB534, amends Section 35-4-62, Code of Alabama 1975, relating to conveyances of real property, to allow for the recording of a deed, mortgage, certificate of judgment, tax lien, lis pendens, and certain financing statements in either division of counties divided into divisions, in any courthouse in counties with more than one courthouse, or in any annex in counties that maintain a courthouse annex, when those records are electronically stored.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-629, HB126, is the Alabama Uniform Severance Tax Act. The act levies a statewide severance tax on all natural minerals, provides for exemptions from the tax, provides for collection procedures, provides for distribution of the tax proceeds, and provides penalties for violation. The act also repeals or replaces conflicting local laws, including, but not limited to, Act 99-255, 1999 Regular Session, relating to Macon County; Act 94-478, 1994 Regular Session, as amended by Act 98-242, 1998 Regular Session, relating to Cleburne County; and Act 91-609, 1991 Regular Session, relating to Hale County.

EFFECTIVE DATE: October 1, 2004.

 

Act 2004-630, SB219, amends Sections 11-54A-1, 11-54A-2, 11-54A-5, 11-54A-9, 11-54A-13, and 11-54A-17, Code of Alabama 1975, relating to the incorporation in municipalities of downtown redevelopment authorities, to include any area of a city used predominantly for business and commercial purposes under certain conditions and to provide that the authorities shall be subject to the competitive bid laws. The act also adds Section 11-54A-25 to the Code of Alabama 1975, to provide for the reincorporation of authorities previously incorporated pursuant to Chapter 54A, Title 11, Code of Alabama 1975.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-634, HB26, amends Section 34-6-12, Code of Alabama 1975, to delete the provision prohibiting intoxicating liquor on the premises of a billiard room. The act also repeals Section 34-6-4, Code of Alabama 1975, relating to the hours when a billiard room may be operated.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-635, HB815, levies a temporary privilege tax on all persons in the business of producing or severing oil and gas, effective from July 1, 2004, to June 30, 2005. The act specifies the rate for off-shore and on-shore wells, provides for the administration and collection of the tax, and provides for the distribution of the additional revenue to the State General Fund.

EFFECTIVE DATE: May 26, 2004.

 

Act 2004-636, HB308, amends Sections 12-19-71, 12-19-72, 12-19-74 and

12-19-75, Code of Alabama 1975, relating to court costs in district and circuit court cases. The act increases court costs and other fees and provides for the distribution of the fees to the State General Fund with portions earmarked for judicial and public safety functions, the Advanced Technology and Data Exchange Fund, and the county general fund where the action is filed. The act provides further for the collection of court costs and fees in Madison County. The act exempts workers compensation cases from the increased filing fees and provides that no circuit judge, district judge, Supreme Court justice, or judge of the appellate courts shall have his or her salary increased for bench experience after the effective date of the act.

EFFECTIVE DATE: May 26, 2004.

 

Act 2004-637, HB248, amends Section 36-27-59, Code of Alabama 1975, to extend until August 1, 2005, eligibility for the purchase of certain hazardous duty prior service credit in the Employees' Retirement System by firefighters, law enforcement officers, and correctional officers participating in the system pursuant to Section 36-27-6, Code of Alabama 1975.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-638, HB846, temporarily amends Section 40-23-2, Code of Alabama 1975, relating to sales and use taxes, to distribute a greater portion of sales tax on automobiles to the State General Fund. The act also repeals Section 40-9-33, Code of Alabama 1975, relating to an exemption from sales and use tax for certain sales made to contractors in fulfilling contracts with tax exempt government entities. The amendatory provisions of the act terminate on October 1, 2006.

EFFECTIVE DATE: July 1, 2004.

 

Act 2004-640, HB387, amends Section 11-43-144, Code of Alabama 1975, relating to compensation for death or disability of municipal firefighters from occupational diseases. The act requires a municipality to prove by a preponderance of the evidence that the death or disability of a firefighter from cancer, heart disease, hypertension, or respiratory disease was caused by some means other than the occupation before denying benefits.

EFFECTIVE DATE: August 1, 2004.

 

Act 2004-641, SB169, relates to the National Instant Criminal Background Check System (NICS). The act requires all transfers or purchases of firearms conducted by a licensed importer, manufacturer, or dealer to be subject to the NICS. The act also requires involuntary commitment orders by a judge of probate involving the use of or threats of the use of firearms to be forwarded to the Criminal Justice Information Center for entry into the NICS.

EFFECTIVE DATE: May 27, 2004.