SUMMARIES
OF
GENERAL LAWS ENACTED AND
CONSTITUTIONAL AMENDMENTS PROPOSED
BY THE LEGISLATURE OF ALABAMA
AT THE
FIRST SPECIAL SESSION, 2005
JULY 19 THROUGH JULY 26, 2005

Prepared by:
Legislative Reference Service
613 Alabama State House
Montgomery, Alabama 36130


ACTS | HOUSE BILLS | SENATE BILLS | SUMMARIES
INDEX TO SUMMARIES OF GENERAL LAWS ENACTED AND CONSTITUTIONAL AMENDMENTS PROPOSED BY THE LEGISLATURE OF ALABAMA AT THE 2005 FIRST SPECIAL SESSION

ACTS
2005 FIRST SPECIAL SESSION

ACT
 BILL
ACT
BILL
2005-209 HB93 2005-311 SB87
2005-210 SB57 2005-312 SB94
2005-215 SB12 2005-313 SB68
2005-251 SB64 2005-314 SB17
2005-296 SB73 2005-315 SB1
2005-297 SB77 2005-316 SB9
2005-298 SB83 2005-317 SB10
2005-299 SB97 2005-318 SB86
2005-300 SB106 2005-319 SB13
2005-301 SB53 2005-320 SB21
2005-302 HB11 2005-321 SB22
2005-303 HB1 2005-322 SB75
2005-304 HB9 2005-323 SB95
2005-305 HB10 2005-324 HB12
2005-307 SB7 2005-325 HB7
2005-308 SB33 2005-326 HB8
2005-309 SB48 2005-327 SB88

HOUSE BILLS
2005 FIRST SPECIAL SESSION

HOUSE BILL
 ACT
HOUSE BILL
ACT
HB1 2005-303 HB10 2005-305
HB7 2005-325 HB11 2005-302
HB8 2005-326 HB12 2005-324
HB9 2005-304 HB93 2005-209

SENATE BILLS
2005 FIRST SPECIAL SESSION

SENATE BILL  ACT SENATE BILL ACT
SB1 2005-315 SB64 2005-251
SB7 2005-307 SB68 2005-313
SB9 2005-316 SB73 2005-296
SB10 2005-317 SB75 2005-322
SB12 2005-215 SB77 2005-297
SB13 2005-319 SB83 2005-298
SB17 2005-314 SB86 2005-318
SB21 2005-320 SB87 2005-311
SB22 2005-321 SB88 2005-327
SB33 2005-308 SB94 2005-312
SB48 2005-309 SB95 2005-323
SB53 2005-301 SB97 2005-299
SB57 2005-210 SB106 2005-300

SUMMARIES OF THE 2005 FIRST SPECIAL SESSION

Act 2005-209, HB93, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Lee County, to authorize the Lee County Commission to provide criminal penalties, in addition to those provided for by state law, for violations of the litter laws that occur within the county. Act 2005-209 is identical to Act 2005-210.

EFFECTIVE DATE: Contingent upon ratification.

Act 2005-210, SB57, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Lee County, to authorize the Lee County Commission to provide criminal penalties, in addition to those provided for by state law, for violations of the litter laws that occur within the county. Act 2005-210 is identical to Act 2005-209.

EFFECTIVE DATE: Contingent upon ratification.

Act 2005-215, SB12, proposes an amendment to the Constitution of Alabama of 1901, to require, commencing with the tax year beginning October 1, 2006, the levy of an additional local ad valorem property tax in those school districts of the state in which local ad valorem property taxes for general public school purposes total less than 10 mills, so as to ensure that taxes totaling at least at least 10 mills are levied in every school district in the state. The proposed amendment requires each county governing body to levy and collect, as pertaining to property located in each school district in the county, an additional ad valorem tax at the rate required for the levy in the respective school district of at least 10 mills of ad valorem tax, without restriction as to use other than for general public school purposes.

EFFECTIVE DATE: Contingent upon ratification.

Act 2005-251, SB64, amends Sections 36-7-20 and 36-7-21, Code of Alabama 1975, relating to traveling expenses of state officers and employees, to provide the same allowance for in-state travel conducted for purposes of attending or assisting in hosting national meetings held within the state as is provided for out-of state travel.

EFFECTIVE DATE: July 27, 2005.

Act 2005-296, SB73, amends Section 16-22-1, Code of Alabama 1975, relating to the appointment of police officers at certain educational institutions in the state, to grant that authority to the President of Miles College.

EFFECTIVE DATE: October 1, 2005.

Act 2005-297, SB77, amends Sections 34-24-54, 34-24-57, 34-24-61, and 34-24-361, Code of Alabama 1975, relating to the State Board of Medical Examiners. The act increases the maximum per diem rate paid to members of the State Board of Medical Examiners and the Medical Licensure Commission from $200 to $300. The act requires the board to review the record of a licensee who has two or more final judgments or settlements within the preceding three-year period, or a total of three or more malpractice judgments or settlements, and authorizes the board to order, for cause, that a physician or osteopath successfully complete a course of continuing medical education, not exceeding 50 credit hours of instruction, within the calendar year in which the order is entered. The act also provides that failure to comply with an order of the board relating to completing a course of continuing medical education constitutes grounds for the suspension of a license to practice medicine.

EFFECTIVE DATE: July 28, 2005.

Act 2005-298, SB83, relates to the Board of Dental Examiners. The act establishes procedures for licensing a dentist to use oral conscious sedation and regulates the use of oral conscious sedation. The act also provides for the employment of certain professionals by the board to aid in the administration and enforcement of the duties of the board and provides penalties for violations.

EFFECTIVE DATE: October 1, 2005.

Act 2005-299, SB97, amends Sections 16-25-26 and 36-27-8.2, Code of Alabama 1975, relating to the Employees' Retirement System and Teachers' Retirement System. The act authorizes retirees to serve in elected public office under certain conditions and establishes limits on their receipt of pension funds.

EFFECTIVE DATE: October 1, 2005.

Act 2005-300, SB106, amends Section 35-8A-410, Code of Alabama 1975, relating to the escrow of deposits under the Alabama Uniform Condominium Act, to authorize the withdrawal of amounts over 10 percent of the purchase price for use in construction purposes under certain conditions.

EFFECTIVE DATE: July 28, 2005.

Act 2005-301, SB53, amends Sections 13A-5-2, 13A-5-6, 13A-6-69, 13A-11-200, 13A-11-201, 13A-11-202, 14-9-41, 15-18-8, 15-20-20.1, 15-20-21, 15-20-22, 15-20-23, 15-20-24, 15-20-25.1, 15-20-25.2, 15-20-25.3, 15-20-26, 15-20-29, 15-20-31, and 15-20-35, Code of Alabama 1975, relating to adult and juvenile criminal sex offenders. The act requires the Alabama Criminal Justice Information Center to implement an electronic monitoring system and requires criminal sex offenders to verify their addresses on a biannual basis. The act imposes additional duties on the Department of Public Safety and local sheriffs, increases the penalties for criminal sex offenses involving a child under the age of 12, and prohibits loitering by criminal sex offenders. The act also adds Sections 15-20-23.1, 15-20-26.1, 15-20-26.2, and 15-22-27.3 to the Code of Alabama 1975, and repeals Section 13A-11-203, Code of Alabama 1975.

EFFECTIVE DATE: October 1, 2005, except Section 15-20-26.2, Code of Alabama 1975, which is effective September 1, 2006.

Act 2005-302, HB11, amends Section 22-27-2, Code of Alabama 1975, and adds Section 22-27-8 to the Code of Alabama 1975, relating to municipal solid waste landfills. The act adds definitions and establishes financial assurance requirements for closure care, post-closure care, and corrective action for municipal solid waste landfills.

EFFECTIVE DATE: August 1, 2005.

Act 2005-303, HB1, makes appropriations for the fiscal year ending September 30, 2005, as follows: a supplemental appropriation from the State General Fund in the amount of $22,471,201 to the Alabama Department of Corrections; a supplemental appropriation from the Respiratory Therapy Board Fund in the amount of $122,000 to the Alabama Respiratory Therapy Board; a conditional supplemental appropriation from the State General Fund in the amount of $1,500,000 and supplemental appropriations from the Chemical Testing Training and Equipment Trust Fund in the amount of $150,000 and from the Forensic Services Trust Fund in the amount of $500,000 to the Alabama Department of Forensic Sciences; a supplemental appropriation from the Attorney General Special Revenue Fund in the amount of $600,000 to the Alabama Office of Attorney General; a supplemental appropriation from the Veterans' Assistance Fund in the amount of $600,000 to the Alabama Department of Veterans' Affairs; a supplemental appropriation from the Board of Examiners in Counseling Fund in the amount of $60,000 to the Alabama Board of Examiners in Counseling; a supplemental appropriation from the State General Fund in the amount of $34,134, estimated, to the Alabama Commission on Uniform State Laws, Special Services Program; a supplemental appropriation from the Home Medical Equipment Services Fund in the amount of $10,000 to the Alabama Board of Home Medical Equipment Service Providers; a supplemental appropriation from cigarette tax receipts in the amount of $2,093,129, a supplemental appropriation from miscellaneous funds in the amount of $2,288,175, and a supplemental appropriation from the State General Fund in the amount of $50,000 to the Alabama Department of Public Health; a supplemental appropriation from cigarette tax receipts in the amount of $4,884,302 to the Alabama Department of Mental Health and Mental Retardation; a supplemental appropriation from the Department of Conservation and Natural Resources Marine Resources (Seafood) Fund in the amount of $100,000 to the Alabama Department of Conservation and Natural Resources; a supplemental appropriation from the State General Fund in the amount of $100,000 to the Alabama Department of Agriculture and Industries; a supplemental appropriation from the State General Fund in the amount of $25,000 to the Alabama Emergency Management Agency; a supplemental appropriation from the Voter Registration Fund in the amount of $130,000 to the Secretary of State; a conditional supplemental appropriation from the Education Trust Fund in the amount of $1,500,000 to the Alabama Department of Forensic Sciences; and a supplemental appropriation from the State General Fund in the amount of $100,000 to the Alabama Forestry Commission. The act amends Act 2004-562, the fiscal year 2005 General Appropriation Bill, to change the funding source of the debt service on the General Obligation Bonds, 1999, Series A and B, on the General Obligation Parks Bonds, Series 2001-C, and the General Obligation Historic Sites Bonds, Series 2001-D from the State General Fund to the Capital Improvement Trust Fund. The act adds funding for debt service on General Obligation Bonds Series 2005-A and for debt service on bonds issued by various state authorities from the Capital Improvement Trust Fund. The act reduces the fiscal year 2005 State General Fund appropriations to the Department of Public Health, the Unified Judicial System, the Department of Mental Health and Mental Retardation, the Department of Corrections, and the Department of Finance-Capitol Complex Revolving Fund. The act also clarifies that the fiscal year 2005 Education Trust Fund appropriation for general obligation debt service is from the Education Trust Fund and not the Capital Improvement Trust Fund.

EFFECTIVE DATE: August 2, 2005.

Act 2005-304, HB9, amends Sections 2-30-1, 2-30-2, 2-30-3, and 2-30-4, Code of Alabama 1975, relating to the Alabama Cooperative Extension Service. The act changes the name of the extension service to the Alabama Cooperative Extension System, provides for the system to be operated in connection with both Alabama Agricultural and Mechanical University and Auburn University, provides for state funding of the system through appropriations to those universities, and revises the scope and content of the information provided by the system throughout rural and urban Alabama.

EFFECTIVE DATE: November 1, 2005.

Act 2005-305, HB10, amends Section 7 of Act 2001-975, 2001 Third Special Session (Acts 2001, p. 908), relating to certain sales, use, and lodging tax exemptions for certain film production companies working in the state. The act extends those exemptions until September 30, 2006. The act also provides legislative findings regarding the biotechnology industry and its value to the state and its workforce, provides a tax exemption for the Hudson-Alpha Institute for Biotechnology and its property, requires a particular level of investment, employment, and property improvements in exchange for the tax exemptions, and provides for repayment of incentives if certain levels of investment are not achieved by September 30, 2008.

EFFECTIVE DATE: August 2, 2005.

Act 2005-307, SB7, amends Sections 11-50-396 and 11-50-397, Code of Alabama 1975, relating to gas districts. The act provides that gas districts may own and operate liquefied petroleum gas systems and may distribute and sell liquefied petroleum gas within and without the state. The act also provides further that gas districts may not exercise the power of eminent domain in order to acquire any properties which are to be used in the distribution of liquefied petroleum gas.

EFFECTIVE DATE: August 2, 2005.

Act 2005-308, SB33, amends Section 32-6-67, Code of Alabama 1975, relating to distinctive license plates, to allow the legislative oversight committee to approve applications for distinctive license plates for private K-12 schools.

EFFECTIVE DATE: November 1, 2005.

Act 2005-309, SB48, amends Section 16-13-232, Code of Alabama 1975, relating to the Foundation Program and the determination of the number of teacher units, to base the determination on the first 20 scholastic days following Labor Day.

EFFECTIVE DATE: August 2, 2005.

Act 2005-311, SB87, amends Sections 12-16-8, 12-16-8.1, 12-16-63, 12-16-70, 12-16-74, 12-16-76, and 12-16-82, Code of Alabama 1975, and adds Sections 12-16-63.1 and 12-16-75 to the Code of Alabama 1975, relating to jury service. The act provides for the postponement of jury service and for certain limits on jury service.

EFFECTIVE DATE: November 1, 2005.

Act 2005-312, SB94, amends Section 16-6B-2, Code of Alabama 1975, relating to courses of study in public schools. The act specifies that American Sign Language is a foreign language for purposes of satisfying certain curriculum requirements applicable to hearing-impaired students for the 2005-2006 school year and to all students beginning with the 2006-2007 school year.

EFFECTIVE DATE: November 1, 2005.

Act 2005-313, SB68, amends Sections 11-47-170 and 11-80-1, Code of Alabama 1975, relating to the powers of the state, a county, a municipality, or other governmental entity to acquire private property by condemnation. The act prohibits such entities, except as otherwise provided, from condemning property for nongovernmental retail, office, commercial, residential, or industrial development or use.

EFFECTIVE DATE: August 3, 2005.

Act 2005-314, SB17, amends Sections 34-27-35, 34-27-36, 34-27-37, and 34-27-84, Code of Alabama 1975, relating to the Alabama Real Estate Commission and its licensees. The act provides further for the fees, fines, and location of hearings of the commission, requires a licensee accepting a listing agreement to accept and present to the consumer, offers, counteroffers, and addenda, and requires a licensee to answer any questions of the consumer.

EFFECTIVE DATE: November 1, 2005.

Act 2005-315, SB1, 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, 2006.

EFFECTIVE DATE: October 1, 2005.

Act 2005-316, SB9, amends Sections 36-6-1 and 36-26-35, Code of Alabama 1975, relating to payment of salaries and annual leave of state employees. The act provides that state employees be paid and accrue leave semi-monthly rather than biweekly. The act also provides a six percent cost-of-living salary increase for certain state employees in the fiscal year beginning October 1, 2005, and a cost-of-living increase to certain retirees and beneficiaries under the Employees' Retirement System.

EFFECTIVE DATE: August 4, 2005.

Act 2005-317, SB10, appropriates $59,006,514 from the Children First Trust Fund to the entities and for the purposes designated in Section 41-15B-2.2, Code of Alabama 1975, for the fiscal year ending September 30, 2006. The act provides for the deposit of tobacco settlement revenues into the Children First Trust Fund, requires written notification of anticipated agency allocations by the State Director of Finance, requires quarterly allocations, and conditions allocations on the receipt of tobacco revenues. The act appropriates $49,629,882 from other tobacco settlement funds, in varying amounts to the Department of Children’s Affairs, 21st Century Debt Service, Senior Services Trust Fund, Alabama Medicaid Agency, and the Department of Senior Services-Medicaid Waiver, for the fiscal year ending September 30, 2006, and conditionally appropriates and allocates additional tobacco revenues upon the recommendation of the Director of Finance, the Chairman of the House Government Finance and Appropriations Committee, and the Chairman of the Senate Finance and Taxation-General Fund Committee, and the approval of the Governor.

EFFECTIVE DATE: August 4, 2005.

Act 2005-318, SB86, amends Sections 37-13-1 and 37-13-2, Code of Alabama 1975, relating to railroad authorities. The act removes the requirement that an operator, in an application to the governing body, has notified the Interstate Commerce Commission of an intention to abandon and further defines the term "authorizing subdivision."

EFFECTIVE DATE: November 1, 2005.

Act 2005-319, SB13, appropriates $503,583 from the State General Fund to the Coalition Against Domestic Violence for the fiscal year ending September 30, 2006.

EFFECTIVE DATE: October 1, 2005.

Act 2005-320, SB21, appropriates $840,600 from the State General Fund to the Children's Advocacy Programs in Alabama for the support and operations of the Children's Advocacy Centers and the Alabama Network of Children's Advocacy Center, Inc., for the fiscal year ending September 30, 2006.

EFFECTIVE DATE: October 1, 2005.

Act 2005-321, SB22, relates to the State General Fund. The act provides for the transfer of certain anticipated unexpended tobacco revenues to the State General Fund during fiscal year 2006. The act provides for the transfer from the State General Fund, or from any other fund the Finance Director may determine, of the amount necessary to provide a beginning year balance in the Children First Trust Fund each fiscal year after fiscal year 2006, that is equal to one-half of the appropriations from the Children First Trust Fund for that fiscal year and requires any funds transferred to be repaid from the Children First Trust Fund upon receipt of that fund's allocation from tobacco revenues for that fiscal year. The act also authorizes the Legislature to appropriate or allocate that portion of Children First Trust Fund receipts currently allocated for the State Board of Education to any other entity or fund for which Children First Trust Fund receipts may be appropriated.

EFFECTIVE DATE: August 4, 2005

Act 2005-322, SB75, amends Sections 32-8-6 and 32-8-35, Code of Alabama 1975, relating to the method of payment by designated agents for applications for certificate of title, to allow the Department of Revenue to prescribe the method of payment.

EFFECTIVE DATE: November 1, 2005

Act 2005-323, SB95, adds Section 32-9-20.1 to the Code of Alabama 1975, relating to motor vehicles. The act specifically provides that certain appurtenances attached to a motor home, travel trailer, self-propelled camper or house car, truck camper, or recreational vehicle commonly known as an R.V. may exceed the maximum width of motor vehicles if the appurtenance does not extend six inches beyond the sidewall of the vehicle.

EFFECTIVE DATE: November 1, 2005

Act 2005-324, HB12, amends Section 25-4-8, Code of Alabama 1975, relating to unemployment compensation. The act prohibits the creation of shell companies to achieve lower rates by providing that when the transfer of an employee is to an employer in which there is substantially common ownership, management, or control with the employer making the transfer, the rates of both employers shall be recalculated and made effective January 1st of the calendar year in which the transfer occurred.

EFFECTIVE DATE: August 5, 2005

Act 2005-325, HB7, amends Sections 32-6-49.10 and 32-10-8, Code of Alabama 1975, relating to commercial driver licenses and motor vehicle accident report forms. The act deletes the requirement that the social security number of a commercial driver licensee be included on his or her license, provides for an endorsement for a driver authorized to drive a school bus, and deletes the requirement that the Social Security number of the operator be listed on a vehicle accident report form.

EFFECTIVE DATE: August 5, 2005

Act 2005-326, HB8, amends Section 32-5A-191, Code of Alabama 1975, relating to driving under the influence of alcohol or drugs. The act prohibits any person from driving or being in actual physical control of a commercial motor vehicle with .04 percentage or greater by weight of alcohol in his or her blood, and provides for penalties.

EFFECTIVE DATE: August 5, 2005

Act 2005-327, SB88, amends Sections 2-5-4, 2-5-9, and 2-5-11, Code of Alabama 1975, relating to the Farmers' Market Authority, to provide for the appointment of a director in lieu of an administrator and to delete the five-year prior residency requirement for service.

EFFECTIVE DATE: November 1, 2005