SUMMARIES
OF
GENERAL LAWS ENACTED AND
CONSTITUTIONAL AMENDMENTS PROPOSED
BY THE LEGISLATURE OF ALABAMA
AT THE
REGULAR SESSION, 2006
JANUARY 10 TO APRIL 17, 2006

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 2006 REGULAR SESSION

ACTS
2006 REGULAR SESSION

ACT
BILL
ACT
BILL
ACT
BILL

SB1

HB5


HOUSE BILLS
2006 REGULAR SESSION
HOUSE BILL
ACT
HOUSE BILL
ACT
HOUSE BILL
ACT

HB5


SENATE BILLS
2006 REGULAR SESSION

SENATE BILL
ACT
SENATE BILL
ACT
SENATE BILL
ACT

SB1


2006 REGULAR SESSION SUMMARIES


Act 2006-62, HB62, amends Sections 16-33C-4, 16-33C-10, and 40-18-19, Code of Alabama 1975, relating to the Alabama College Education Savings Program, to authorize the Lieutenant Governor, the Executive Director of the Alabama Commission on Higher Education, and the Chancellor of the Department of Postsecondary Education to appoint designees to serve in their positions on the PACT and ACES Board; establish the ACES Opportunity Enhancement Fund to enhance and provide higher education opportunities and programs; and provide that all income, interest, dividends, gains, or benefits of any kind received from education savings accounts and tuition contracts under Chapter 33C of Title 16, Code of Alabama 1975, are exempt from state income tax if the amounts remain on deposit, are used to pay qualified higher education expenses, or are refunded.

EFFECTIVE DATE: May 1, 2006.

Act 2006-93, SB86, amends Section 41-16-143, Code of Alabama 1975, relating to guaranteed energy cost savings contracts, to increase the time period over which the cost savings from the contracts are measured, and the time period over which payments may be made under the contracts, from 10 years to the lesser of 20 years or the average useful life of the energy cost savings measures.

EFFECTIVE DATE: May 1, 2006

Act 2006-94, HB220, adds Section 6-12-4 to the Code of Alabama 1975, relating to the Tobacco Master Settlement Agreement, to limit the total amount of the supersedeas bond to stay the execution of judgment during appellate review to $125,000,000, for all appellants collectively, except the limit would be the total amount of the judgment for any appellant found to be dissipating assets outside the ordinary course of business to avoid payment of a judgment.

EFFECTIVE DATE: February 24, 2006.

Act 2006-104, HB68, amends Section 6-5-332, Code of Alabama 1975, also known as the Good Samaritan law, to grant civil immunity for 30 days after the declaration of an emergency to licensed engineers, architects, land surveyors, contractors, and subcontractors who participate without compensation in emergency response activities.

EFFECTIVE DATE: May 1, 2006.

Act 2006-105, HB280, amends Sections 34-14A-2, 34-14A-4, 34-14A-5, 34-14A-6, 34-14A-7, 34-14A-8, 34-14A-12, 34-14A-14, and 34-14A-15, Code of Alabama 1975, and adds Sections 34-14A-8.1 and 34-14A-18 to the Code of Alabama 1975, relating to the Home Builders Licensure Board. The act provides further for the definitions of homeowner, residential home builder, and transaction, provides for the compensation of board members, removes certain exemptions from the licensure requirements, and requires written contracts for all residential home building. The act authorizes the board to adopt standards of practice for licensees within the state and establishes the Property Acquisition Fund for use by the board in acquiring real property. The act also repeals Section 34-14A-16, Code of Alabama 1975, which exempts counties with populations of 30,000 or less from regulation under the chapter.

EFFECTIVE DATE: May 1, 2006.


Act 2006-106, SB35, establishes the Alabama Historical Records Advisory Board to serve as the state advisory body for historical records planning and provides for the membership, powers, and duties of the board.

EFFECTIVE DATE: February 28, 2006.

Act 2006-107, SB89, amends Sections 41-16-24, 41-16-27, and 41-16-54, Code of Alabama 1975, relating to the Competitive Bid Law, to permit the use of an Internet bidding process known as a reverse auction procedure for entering into public contracts for the purchase of goods or services; permit the extension of certain current contracts for an additional two years with 90 days’ notice to the Legislative Council; and specifically prohibit the use of the reverse auction procedure for professional service contracts and contracts for construction, repairs, renovation, or maintenance of public works.

EFFECTIVE DATE: February 28, 2006.

Act 2006-108, SB191, amends Section 40-6-3, Code of Alabama 1975, relating to the compensation of supernumerary ad valorem tax officials, to provide for future cost-of-living increases in compensation equal to and on the same terms and conditions as increases in compensation of other county retirees, when granted by the county commission.

EFFECTIVE DATE: February 28, 2006.

Act 2006-109, SB137, amends Sections 9-11-30 and 9-11-31, Code of Alabama 1975, and adds Section 9-11-31.1 to the Code of Alabama 1975, relating to hunting, to prohibit the hunting of native game animals and certain nonindigenous animals where the animal hunted does not have a reasonable opportunity to evade the hunter and prohibit the hunting of tame game animals or nonindigenous animals, excluding pen-raised birds. The act also provides penalties for violations and provides for the licensing and regulation of game breeders by the Department of Conservation and Natural Resources.

EFFECTIVE DATE: May 1, 2006.

Act 2006-110, SB340, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Autauga County, to authorize the Legislature to fix, alter, and regulate court costs in the county.

EFFECTIVE DATE: Contingent upon ratification.

Act 2006-111, SB92, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to DeKalb County, to prohibit any elected or appointed county official from participating in the supernumerary program and authorize those officials to participate in the Employees' Retirement System.

EFFECTIVE DATE: Contingent upon ratification.

Act 2006-112, SB118, amends Sections 13A-12-190, 13A-12-191, 13A-12-192, 13A-12-193, 13A-12-194, 13A-12-196, and 13A-12-197, Code of Alabama 1975, relating to obscene material depicting children, to expand the definition of matter to include video cassette, tape, record, digital video disc (DVD), video compilation, or items stored in a computer or any other electronic device or digital storage, define the terms visual depiction and separate offense, and replace the term visual reproduction with the term visual depiction throughout and provide that each visual depiction is a separate offense.

EFFECTIVE DATE: June 1, 2006.


Act 2006-114, HB31, is the Subchapter J and Business Trust Conformity Act. The act amends Sections 40-18-1, 40-18-2, 40-18-22, and 40-18-25, Code of Alabama 1975, and adds Sections 40-16-1.1 and 40-18-25.1 to the Code of Alabama 1975, to conform Alabama law to the federal income tax rules for the taxation of trusts, estates, and their beneficiaries. The act applies to entities taxed as a financial institution or under the income tax law, conforms Alabama law to the federal tax classification of business trusts, defines resident trust, and provides for transition rules. The act authorizes the Department of Revenue to promulgate rules interpreting the act and bars any refund claims or assessments that might otherwise be filed as a result of the act unless the claim or assessment could have been brought if the act had not been effective. The act also repeals Section 19-3-67, Code of Alabama 1975, providing that the income of a business trust be taxed as property held in trust pursuant to Section 40-18-25.

EFFECTIVE DATE: Effective for all taxable years beginning on or after January 1, 2005.

Act 2006-118, SB47, amends Section 34-27A-19, Code of Alabama 1975, relating to the Real Estate Appraisers Board, to authorize the board to adopt continuing education requirements consistent with federal law.

EFFECTIVE DATE: March 2, 2006.

Act 2006-148, SB68, amends Section 13A-8-192, Code of Alabama 1975, relating to the crime of identity theft, to reclassify the crime as a Class C felony, increase the statute of limitations from five to seven years after the commission of the offense, and authorize the court to correct any public or private records of the victim containing false information as a result of the crime.

EFFECTIVE DATE: April 5, 2006.

Act 2006-149, SB245, continues the existence and functioning of the State Oil and Gas Board pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: March 6, 2006.

Act 2006-150, SB252, continues the existence and functioning of the State Board of Registration for Foresters pursuant to the Alabama Sunset Law. The act also amends Sections 34-12-3 and 34-12-8, Code of Alabama 1975, to provide for the distribution of the roster of registered foresters via the Internet and to the public, upon request, for a fee and to exempt registered foresters age 65 and older from continuing education requirements.

EFFECTIVE DATE: March 6, 2006.

Act 2006-151, SB256, adds Section 41-9-263 to the Code of Alabama 1975, designating the Alabama Historical Commission as an enumerated agency subject to the Alabama Sunset Law and continuing the existence and functioning of the commission pursuant to the sunset law until October 1, 2007.

EFFECTIVE DATE: March 6, 2006.

Act 2006-152, SB261, continues the existence and functioning of the State Pilotage Commission pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: March 6, 2006.

Act 2006-153, SB262, continues the existence and functioning of the State Radiation Control Agency pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: March 6, 2006.


Act 2006-154, SB264, continues the existence and functioning of the Alabama Sickle Cell Oversight and Regulatory Commission pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: March 6, 2006.

Act 2006-155, SB265, continues the existence and functioning of the Board of Home Medical Equipment Services Providers pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: March 6, 2006.

Act 2006-156, SB266, continues the existence and functioning of the State Board of Podiatry pursuant to the Alabama Sunset Law until October 1, 2008.

EFFECTIVE DATE: March 6, 2006.

Act 2006-157, SB267, continues the existence and functioning of the Alabama Surface Mining Commission pursuant to the Alabama Sunset Law.

EFFECTIVE DATE: March 6, 2006.

Act 2006-158, SB273, continues the existence and functioning of the Alabama Board of Cosmetology pursuant to the Alabama Sunset Law until October 1, 2008. The act also amends Section 34-7A-22, Code of Alabama 1975, to require that applicants for licensure as managing cosmetologists, managing estheticians, or managing manicurists hold active licenses for one year in lieu of having practiced in those fields for one year prior to licensure.

EFFECTIVE DATE: March 6, 2006.

Act 2006-159, SB274, continues the existence and functioning of the Alabama State Board of Prosthetists and Orthotists pursuant to the Alabama Sunset Law. The act also amends Section 34-25A-7, Code of Alabama 1975, to delete reference to the nonexistent Uniform Disciplinary Act.

EFFECTIVE DATE: March 6, 2006.

Act 2006-160, SB275, continues the existence and functioning of the Department of Insurance pursuant to the Alabama Sunset Law until October 1, 2008.

EFFECTIVE DATE: March 6, 2006.

Act 2006-183, HB153, amends Section 20-2-58, Code of Alabama 1975, relating to the dispensing of controlled substances by pharmacists, to authorize pharmacists to dispense Class II controlled substances to residents in long-term care facilities, hospice patients, or home health patients pursuant to an emergency oral prescription and require that the practitioner provide a written prescription to the pharmacist within seven days after the oral prescription.

EFFECTIVE DATE: March 7, 2006.

Act 2006-184, SB1, amends Section 41-10-395, Code of Alabama 1975, relating to the Board of Directors of the Alabama Supercomputer Authority, to add the Chancellor of Postsecondary Education and the State Superintendent of Education as ex officio directors and require the Council of Presidents to select a representative from those four-year universities in the state that do not issue doctoral degrees to serve on the board.

EFFECTIVE DATE: March 7, 2006.


Act 2006-185, SB83, authorizes two or more municipalities to establish a regional jail authority to maintain and operate a regional jail facility to serve as the municipal jail for each participating municipality. The act also provides for the composition, terms, and powers of the board of directors of the regional jail authority, including the issuance of bonds by the authority.

EFFECTIVE DATE: June 1, 2006.

Act 2006-188, SB146, amends Sections 24-1-32 and 24-1-71, Code of Alabama 1975, relating to housing authorities, to authorize municipal and county housing authorities to sell bonds at a private sale to a government sponsored enterprise.

EFFECTIVE DATE: March 7, 2006.

Act 2006-189, SB165, relates to farm-raised catfish. The act requires the device used to weigh farm-raised catfish to conform to legal requirements and be capable of electronically printing, in exact duplicate, a ticket of the weight indicated. The act specifies the information to be included on the ticket and requires a separate electronic weighing of foreign materials with a printed ticket for calculating deductions.

EFFECTIVE DATE: June 1, 2006.

Act 2006-190, SB186, amends Section 41-9-370, Code of Alabama 1975, relating to the Commission on Uniform State Laws, to add to the commission any person who, while a member of the National Conference of Commissioners on Uniform State Laws, attended 10 or more annual meetings of the conference and any resident of the state who is serving or has served as executive director of the conference.

EFFECTIVE DATE: March 7, 2006.

Act 2006-191, SB226, amends Section 6-5-549.1, Code of Alabama 1975, relating to the Alabama Medical Liability Act of 1996, to include podiatrists within the definition of health care provider and podiatric corporations and associations within the definition of professional corporation for purposes of the act.

EFFECTIVE DATE: March 7, 2006.

Act 2006-195, HB67, amends Section 31-2-81, Code of Alabama 1975, relating to National Guard post exchanges and canteens, to specifically authorize active and retired members of the United States Armed Forces to make purchases at National Guard post exchanges and canteens.

EFFECTIVE DATE: March 9, 2006.

Act 2006-196, HB94, is the School Fiscal Accountability Act. The act adds a new Chapter 13A to Title 16, Code of Alabama 1975, to provide for the fiscal management of local boards of education. The act provides for the appointment by the State Superintendent of Education of a Chief Education Financial Officer, who is charged with overseeing the financial integrity of local boards; requires local boards to adopt fiscal management policies that comply with generally accepted accounting procedures; provides for the appointment, duties, and responsibilities of chief school financial officers as local custodians of funds for each school system; and requires monthly and annual reporting of financial transactions. The act also establishes audit procedures for local boards, authority relating to expenditures of funds, standards for reserve funds, criminal penalties for knowingly withholding or providing inaccurate financial information, and standards for local board liability for misappropriation of school system funds. The act requires bonding of employees who handle school funds. The act also amends Section 16-6B-4, Code of Alabama 1975, relating to the fiscal status of a local board of education, and repeals Sections 16-8-33, 16-9-3, 16-11-6, 16-11-7, 16-13-10, 16-13-11, and 16-13-12, Code of Alabama 1975, which provide for local custodians of school funds or which otherwise conflict with this act.

EFFECTIVE DATE: June 1, 2006.

Act 2006-197, HB118, amends Sections 13A-5-11 and 13A-5-12, Code of Alabama 1975, relating to criminal fines, to increase the maximum amount of fine authorized to be assessed upon conviction for a Class A felony from $20,000 to $60,000; for a Class B felony from $10,000 to $30,000; for a Class C felony from $5,000 to $15,000; for a Class A misdemeanor from $2,000 to $6,000; and for a Class B misdemeanor from $1,000 to $3,000.

EFFECTIVE DATE: June 1, 2006.

Act 2006-198, HB120, amends Sections 13A-7-5 and 13A-7-6, Code of Alabama 1975, relating to the crimes of burglary in the first degree and the second degree. The act includes within the crimes any participant in the burglary who possesses a deadly weapon or dangerous instrument upon entry of a dwelling, for first degree, or building, for second degree, or uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person while in or in flight from the dwelling or building. The act specifically provides that the mere acquisition of a deadly weapon or dangerous instrument during the burglary does not constitute the use of, or the threatened use of, the weapon.

EFFECTIVE DATE: June 1, 2006.

Act 2006-199, HB179, amends Section 32-3-1, Code of Alabama 1975, relating to the State Safety Coordinating Committee, to authorize the Governor, Director of Public Safety, Director of Transportation, Attorney General, Administrator of the Alcoholic Beverage Control Board, State Toxicologist, and Chief Justice of the Supreme Court to appoint designees for their position on the committee, clarify when terms of office terminate, provide state employee per diem and travel allowances for those on the committee not otherwise entitled, and require diversity of membership.

EFFECTIVE DATE: March 9, 2006.

Act 2006-200, HB201, relates to the practice of court reporting. The act creates the Alabama Board of Court Reporting and provides for the membership, terms, meetings, powers, duties, and responsibilities of the board in regulating the practice of court reporting. The act specifies requirements and fees for licensure, creates a separate fund in the State Treasury for the use of the board, provides penalties for violations, and subjects the board to the Alabama Sunset Law.

EFFECTIVE DATE: June 1, 2006.

Act 2006-203, SB91, relates to county water systems incorporated pursuant to Chapter 50, Chapter 88, or other portions of Title 11, Code of Alabama 1975. The act authorizes a water system, with approval of the board of directors, to solicit customers for voluntary contributions for local volunteer fire departments through a check-off on periodic billings. The act provides for the distribution of contributions and requires volunteer fire departments to provide monthly estimates of water used to the water system.

EFFECTIVE DATE: March 9, 2006.


Act 2006-204, SB133, amends Section 26-15-2, Code of Alabama 1975, and adds Section 26-15-3.2 to the Code of Alabama 1975, to provide for the crime of chemical endangerment of exposing a child to an environment in which controlled substances are produced or distributed. The act defines the terms chemical substance, controlled substance, drug paraphernalia, and serious physical injury and classifies the crime as a Class C, Class B, or Class A felony based upon the degree of injury caused.

EFFECTIVE DATE: June 1, 2006.

Act 2006-213, HB152, creates the designation "flood vehicle" to describe a motor vehicle declared by an insurance company to be a total loss due to water damage and requires that the designation be stated by separate written disclosure and on the title of the motor vehicle to alert prospective purchasers or recipients.

EFFECTIVE DATE: March 9, 2006.

Act 2006-216, HB49, is the Alabama Uniform Trust Code. The act adds Section 19-3A-606 and Chapter 3B, commencing with Section 19-3B-101, Title 19, to the Code of Alabama 1975, transfers Sections 35-4-255, 35-4-256, 35-4-258, 35-4-259, and 35-4-260 to Chapter 3B, amends Sections 19-3-120, 19-3-120.1, and 19-3-120.2, Code of Alabama 1975, to provide a comprehensive code relating to the law of trusts in Alabama. The act provides statutory rules for the following: Default and mandatory provisions for trusts; the principal place of administration of a trust; methods and waivers of notice for interested parties in trusts; nonjudicial settlement agreements relating to trusts; construction and operation of trusts; judicial proceedings in the administration of trusts, including subject matter jurisdiction, personal jurisdiction, and venue; virtual representation of beneficiaries of trusts; the creation, validity, purposes, modification, termination, and settlement of trusts; creditors' claims against settlors and beneficiaries of trusts; spendthrift and discretionary trusts; revocable trusts; the identity, succession, resignation, and removal of trustees; duties and powers of trustees; the prudent investor rule as the appropriate investment standard for trustees; liability of trustees and rights of persons dealing with trustees; and application to existing trusts. The act specifies governing provisions and clarifies that the Alabama Principal and Income Act applies to tenants and remaindermen as well as trusts. The act also repeals Sections 19-3-1 to 19-3-8, inclusive, 19-3-10, 19-3-100 to 19-3-107, inclusive, 19-3-129 to 19-3-132, inclusive, 19-3-171 to 19-3-173, inclusive, 19-3-190 to 19-3-192, inclusive, 19-3-210 to 19-3-212, inclusive, 19-3-230 to 19-3-234, inclusive, 19-3-250 to 19-3-253, inclusive, 19-3-320 to 19-3-328, inclusive, and 35-4-251 to 35-4-254, inclusive, Code of Alabama 1975, relating to the law of trusts.

EFFECTIVE DATE: January 1, 2007.

Act 2006-217, HB85, amends Section 11-43C-35, Code of Alabama 1975, relating to the compensation and expense allowance of the mayor of any Class 5 municipality, to increase the monthly expense allowance from $400 to $700 in 2006, to $1,400 in 2007, and to $1,800 in 2008, and, commencing with the next term of office, increase the annual compensation from $42,000 to $66,000 and provide a monthly expense allowance of $500.

EFFECTIVE DATE: Retroactive to January 1, 2006.

Act 2006-218, HB122, amends Section 13A-5-5, Code of Alabama 1975, relating to presentence investigation reports, to require that either a presentence or postsentence investigation report, in an electronic format, be completed and filed on every defendant convicted of a felony offense.

EFFECTIVE DATE: March 10, 2006.


Act 2006-219, HB131, amends Sections 34-24-400 to 34-24-406, inclusive, Code of Alabama 1975, relating to the rehabilitation of physicians and osteopaths, to change the name of the Alabama Impaired Physicians Committee to the Alabama Physician Wellness Committee.

EFFECTIVE DATE: March 10, 2006.

Act 2006-221, HB365, amends Section 32-7A-9, Code of Alabama 1975, relating mandatory motor vehicle liability insurance, to allow the payment and distribution of fees for reinstatement of a motor vehicle registration that has been suspended to be paid to the Department of Revenue or to the county license plate issuing official, who shall remit 90 percent of the fee to the department and retain 10 percent of the fee for equal distribution to the county general fund and to the issuing official. The act also provides for that portion of the fee distributed to the licensing official to be deposited into a special motor vehicle registration and titling technology fund in the county if the licensing official is salaried, and for $10 of each reinstatement fee to be deposited by the department into the Alabama Peace Officers’ Annuity and Benefit Fund.

EFFECTIVE DATE: July 1, 2006.

Act 2006-226, SB26, amends Sections 34-28A-3 and 34-28A-21, Code of Alabama 1975, relating to the Alabama Board of Examiners for Speech-Language Pathology and Audiology, to delete the reference to clinical fellowship experience, require a doctoral degree for licensure as an audiologist commencing January 1, 2007, and continue the licensure of audiologists possessing only a master’s degree before that date.

EFFECTIVE DATE: March 10, 2006.

Act 2006-227, SB61, amends Sections 11-24-2 and 11-24-3, Code of Alabama 1975, relating to county subdivision regulations and the approval of plats by the county commission, to require approval of a proposed plat, a permit from the county engineer at the time of approval, and the signature of the engineer upon completion of the subdivision and provide fines for violations and a cause of action for the county commission to compel repairs by the owner or developer of the subdivision.

EFFECTIVE DATE: March 10, 2006.

Act 2006-228, HB327, amends Sections 26-16-2, 26-16-3, 26-16-4, and 26-16-6, Code of Alabama 1975, relating to the State Child Abuse and Neglect Prevention Board, to create the Department of Child Abuse and Neglect Prevention to operate under the board, provide for the transfer of certain powers and duties of the board to the department, provide for the transfer of the rights, duties, and property of the board to the department, and authorize the Code Commissioner to replace the name of the board with the name of the department throughout the code.

EFFECTIVE DATE: June 1, 2006.

Act 2006-229, SB41, creates the Alabama Professional Employer Organization Registration Act to provide for the registration and responsibilities of professional employer organizations through the Department of Industrial Relations. The act provides for registration and annual renewal fees and authorizes the director of the department to establish requirements for the submission of securities or guarantees securing the payment of unemployment compensation taxes and workers' compensation for employees of professional employer organizations. The act provides for disciplinary actions against registrants and nonregistrants, establishes civil and criminal penalties for violations, and authorizes the director to perform any necessary investigations, audits, or reviews of registered professional employer organizations.

EFFECTIVE DATE: June 1, 2006.


Act 2006-230, SB364, relates to the Marion Military Institute. The act specifies that the institute is a state college under the control of the State Board of Education and the Department of Postsecondary Education and provides for the transfer of the assets and liabilities of the institute. The act provides for governance and administration, the discontinuance of state control, mission, general operation, location, and for the composition, appointment, and duties of the board of trustees. The act provides for the funding of the institute through the two-year college system of the State Board of Education, limits future enrollment to the college level, and specifies that the operative date of the act is conditioned on the affirmative vote of the board of trustees.

EFFECTIVE DATE: March 13, 2006.

Act 2006-231, SB85, provides salary increases of five to ten percent for state troopers, corporals, and other arresting officers employed by the Department of Public Safety.

EFFECTIVE DATE: March 14, 2006.

Act 2006-232, SB459, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Escambia County, to specifically include any mayor and 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 2006-233, HB539, relates to Class 4 municipalities organized under Chapter 44B of Title 11, Code of Alabama 1975, currently the City of Tuscaloosa. The act establishes a personnel system and board for those municipalities electing to have such a system and provides for municipal employment in the system. The act provides for the filling of vacancies in the personnel system, the appointment, term, and powers of board members, and procedures for disciplining employees.

EFFECTIVE DATE: March 15, 2006.

Act 2006-234, HB295, appropriates $10,142,502 from the Education Trust Fund to Tuskegee University in Tuskegee, Alabama, for the fiscal year ending September 30, 2007.

EFFECTIVE DATE: October 1, 2006.

Act 2006-235, HB573, appropriates $535,206 from the Education Trust Fund to Marion Military Institute in Marion, Alabama, for the fiscal year ending September 30, 2007.

EFFECTIVE DATE: October 1, 2006.

Act 2006-236, HB574, appropriates $249,760 from the Education Trust Fund to Lyman Ward Military Academy in Camp Hill, Alabama, for the fiscal year ending September 30, 2007.

EFFECTIVE DATE: October 1, 2006.

Act 2006-237, HB575, appropriates $885,009 from the Education Trust Fund to Talladega College in Talladega, Alabama, for the fiscal year ending September 30, 2007.

EFFECTIVE DATE: October 1, 2006.

Act 2006-238, HB77, adds Section 5-19-33 to the Code of Alabama 1975, relating to finance charges under the Mini-Code, to authorize certain licensed lenders to charge a monthly account maintenance fee of up to $3 during the repayment of a credit transaction, if the fees were stipulated in the contract.

EFFECTIVE DATE: March 15, 2006.


Act 2006-245, SB76, designates the Black Bear as the official state mammal.

EFFECTIVE DATE: March 15, 2006.

Act 2006-246, SB162, amends Section 9-17-109, Code of Alabama 1975, relating to liquefied petroleum gas, to require a consumer to notify and provide an opportunity for his or her regular LP-gas dealer to provide the service before employing another person to install, repair, maintain, adjust, or service an LP-gas appliance and limit legal action against the dealer if notice and opportunity are not provided. The act also requires dealers to document and maintain notices for five years and exempts dealers from awards of punitive and exemplary damages under certain circumstances.

EFFECTIVE DATE: March 15, 2006.

Act 2006-249, HB74, requires municipalities to notify the Legislative Reapportionment Office whenever property is annexed to or deannexed from the corporate limits of the municipality.

EFFECTIVE DATE: March 16, 2006.

Act 2006-250, HB144, exempts the Big Oak Ranch, Incorporated, Administrative Office in Springville, Alabama, from the payment of all state, county, and municipal sales and use taxes.

EFFECTIVE DATE: June 1, 2006.

Act 2006-251, HB333, amends Section 16-13-231, Code of Alabama 1975, relating to the public education Foundation Program Fund, to increase the required school term from 175 to 180 full instructional days for use in the computation of Foundation Program allowances to local boards of education and change the formula for calculating average daily membership from the first 40 scholastic days of the preceding school year to the first 20 scholastic days after Labor Day of the preceding school year.

EFFECTIVE DATE: June 1, 2006.

Act 2006-252, SB219, relates to the election of members of local boards of education, county commissions, and municipal governing bodies. The act requires each entity to retain the method of election and the number to be elected as ordered by a federal court until a change is made pursuant to general or local law.

EFFECTIVE DATE: March 16, 2006.

Act 2006-276, HB154, amends Sections 32-6-62, 40-12-248, and 40-12-252, Code of Alabama 1975, relating to motor vehicle registration, to authorize the issuance of multi-year truck and truck tractor license plates for vehicles registered under the International Registration Plan (IRP), to authorize permanent trailer license plates upon payment of a one-time fee per license plate issued, increase the registration fees for any truck or truck tractor with a gross weight exceeding 73,281 pounds, and provide penalties for violations.

EFFECTIVE DATE: October 1, 2006.

Act 2006-277, HB137, appropriates $1,234,310 from the Alabama Capital Improvement Trust Fund to the State Industrial Development Authority, for satisfying existing site development obligations of the authority, for the fiscal year ending September 30, 2006.

EFFECTIVE DATE: March 21, 2006.


Act 2006-279, SB193, amends Sections 41-16-51 and 41-16-54, Code of Alabama 1975, pertaining to competitive bidding on public contracts, to exempt purchases of goods available to a county commission as a result of competitive bidding by a national cooperative bidding program, permit notification of proposed purchases by electronic means, and require all original bids and related documents to be retained for a retention period established by the Local Government Records Commission, or at least seven years.

EFFECTIVE DATE: March 21, 2006.

Act 2006-280, SB471, proposes an amendment to Amendment 660 to the Constitution of Alabama of 1901, now appearing as Section 6, Local Amendments, Baldwin County, Official Recompilation of the Constitution of Alabama of 1901, pertaining only to Baldwin County, to clarify that the State Bar Association member of the Baldwin County Judicial Commission is selected by the members of the Baldwin County Bar Association.

EFFECTIVE DATE: Contingent upon ratification.

Act 2006-281, HB479, amends Sections 11-46-24, 11-46-28, 11-46-38, 11-46-46, 11-46-52, 11-46-55, 11-46-95, 11-46-123, 17-7-5.1, 17-9-33, 17-10-12, 17-10A-2, and 17-11A-1, Code of Alabama 1975, relating to elections, to provide for a system of provisional balloting by a voter when his or her name does not appear on the official voting list. The act also repeals Sections 11-46-41 and 17-10-22, Code of Alabama 1975, relating to oaths taken by challenged voters and administrative rules for challenged absentee ballots.

EFFECTIVE DATE: January 1, 2007.

Act 2006-282, HB272, 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, 2007.

EFFECTIVE DATE: October 1, 2006.

Act 2006-291, SB53, is the annual codification bill. The act adopts and incorporates into the Code of Alabama 1975, those general and permanent laws of the state enacted during the 2003 Second Special Session and the 2004 Regular Session as contained in the 2004 Cumulative Supplement to certain volumes of the code and the 2004 First Special Session, the 2005 Regular Session, and the 2005 First Special Session as contained in the 2005 Cumulative Supplement and 2005 Replacement Volume to certain volumes of the code. The act specifies that this adoption and incorporation constitute a continuous systematic codification of the entire Code of Alabama 1975 and that the act is a law that adopts a code, declares that the code publisher has discharged its duties regarding the replacement volume, and specifies the duties of the Secretary of State regarding the custody of the cumulative supplements and replacement volume. The act also adds Section 16-16-14 to the Code of Alabama 1975, relating to Act 98-373 and the Alabama Public School and College Authority, and corrects “biannual” to “biennial” in Section 34-27B-7, Code of Alabama 1975.

EFFECTIVE DATE: April 4, 2006.


Act 2006-292, SB316, amends Sections 40-21-80, 40-21-82, 40-21-100, and 40-21-102, Code of Alabama 1975, relating to the taxation of public utilities that provide telegraph service or telephone service, to provide definitions relating to the sourcing of telegraph or telephone services, including “call-by-call basis” and “post-paid calling service,” and provide rules concerning the sourcing of gross receipts and gross sales tax for public utilities that furnish telegraph or telephone services in the State of Alabama.

EFFECTIVE DATE: April 4, 2006.

Act 2006-294, SB417, amends Section 27-7-1, Code of Alabama 1975, relating to definitions used in the licensing of various insurance representatives, to include persons employed at an hourly rate by insurance producers within the definition of service representative.

EFFECTIVE DATE: July 1, 2006.

Act 2006-295, SB110, amends Sections 34-24-123, 34-24-140, 34-24-143, 34-24-144, and 34-24-160, Code of Alabama 1975, and adds Sections 34-24-124 and 34-24-177 to the Code of Alabama 1975, relating to the State Board of Chiropractic Examiners, to increase the membership of the board from eight to nine persons to include an African-American member elected from the state at-large, provide a grace period for the renewal of a permit to practice, limit the refunding of fees paid to the board, and require applicants for licensure after January 1, 2010, to possess a bachelor’s degree. The act also authorizes the board to bring an action for injunctive relief in the circuit court against violators and prohibits the board from renewing the certificate of registration of any licensee who owes an administrative fine.

EFFECTIVE DATE: July 1, 2006.

Act 2006-296, SB177, amends Section 34-23-4, Code of Alabama 1975, relating to the Alabama State Board of Pharmacy, to limit licensure to those graduates from schools of pharmacy which are approved by the board.

EFFECTIVE DATE: July 1, 2006.

Act 2006-297, SB229, amends Section 13A-8-4, Code of Alabama of 1975, relating to theft of property in the second degree, to increase the property value ranges for the offense and specify that the theft of property worth more than $500 but not more than $2,500 is theft of property in the second degree.

EFFECTIVE DATE: April 4, 2006.

Act 2006-298, SB230, amends Section 32-5A-191, Code of Alabama 1975, relating to driving under the influence of alcohol or a controlled substance, to authorize the court to consider prior convictions under the section for imposing an enhanced sentence. The act is repealed by Act 2006-654.

EFFECTIVE DATE: None.

Act 2006-299, SB251, amends Sections 27-4-2, 27-7-5, 27-8A-1, 27-8A-9, and 27-9-5, Code of Alabama 1975, and adds Section 27-2-17.1 to the Code of Alabama 1975, relating to insurance regulation, to provide for the biennial renewal of licenses for insurance producers, service representatives, and adjusters; require individuals to complete 20 hours of prelicensing education for each major line of authority before qualifying to take the insurance producer examination for those lines of authority; and require insurance producers and service representatives to complete 24 hours of continuing education on a biennial basis, a certain number of hours of which shall be on the topic of insurance producer ethics or business practices. The act authorizes the commissioner to promulgate rules to provide for the transition from annual renewal to biennial renewal of licenses for insurance producers, service representatives, and adjusters and provides an adjustment of licensing fees as necessary to accommodate biennial licensing.

EFFECTIVE DATE: January 1, 2007, except for Section 27-2-17.1, which is effective April 4, 2006.

Act 2006-301, HB181, amends Sections 16-47-78 and 16-47-79, Code of Alabama 1975, relating to the Alabama Board of Dental Scholarship Awards. The act increases the maximum scholarship amount from $3,000 to $6,000 per year and from $12,000 to $24,000 over a four-year period and authorizes the board to retain loan repayments for purposes of funding future scholarships.

EFFECTIVE DATE: April 4, 2006, retroactive to January 1, 2003.

Act 2006-302, HB245, amends Sections 34-25A-3, 34-25A-5, 34-25A-7, 34-25A-8, and 34-25A-12, Code of Alabama 1975, relating to the Alabama State Board of Prosthetists and Orthotists, to include persons engaged in the practice of pedorthics within the purview of the Prosthetics and Orthotics Act and provide that the required minimum hours of annual continuing education shall be as established by a nationally recognized accredited certifying board. The act increases the membership of the board from 11 to 12 members, alters the membership of the board to include one member who is certified by the Board for Certification in Pedorthics and one member who is a representative of the National Orthotics Manufacturers Association, and limits renewal fees to $350. The act also designates the board as an enumerated agency subject to the Alabama Sunset Law.

EFFECTIVE DATE: April 4, 2006.

Act 2006-303, SB283, amends Sections 13A-3-20 and 13A-3-23, Code of Alabama 1975, relating to the justifiable use of defensive force and defensive deadly physical force against an aggressor, to provide for the justified use of force and deadly physical force against a person who is intruding in a dwelling, residence, vehicle, or federally licensed nuclear power facility or who is in the process of sabotaging or attempting to sabotage a federally licensed nuclear power facility. The act removes the duty to retreat from an aggressor using force or deadly force under certain circumstances, provides legal presumptions concerning persons justified to use force and deadly physical force against intruders, and provides immunity from criminal and civil legal action for persons who are justified in using lawful force and deadly physical force in self-protection or the protection of others.

EFFECTIVE DATE: June 1, 2006.

Act 2006-304, HB623, proposes an amendment to Amendment 632 to the Constitution of Alabama of 1901, now appearing as Section 3, Local Amendments, Cleburne County, Official Recompilation of the Constitution of Alabama of 1901, as amended, pertaining only to Cleburne 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 and provide that the amendment is remedial and curative of actions taken on or after January 6, 1999.

EFFECTIVE DATE: Contingent upon ratification.


Act 2006-305, HB683, proposes an amendment to Amendment 691, as amended by Amendment 731 to the Constitution of Alabama of 1901, now appearing as Section 6, Local Amendments, Lawrence County, Official Recompilation of the Constitution of Alabama of 1901, as amended, pertaining only to Lawrence County, to specifically include any mayor who serves as superintendent of a utility system 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 2006-306, HB126, amends Sections 22-30B-2 and 22-30B-2.1, Code of Alabama 1975, relating to fees for disposal of hazardous waste, to exempt from the base fee of $41.60 per ton the disposal at commercial hazardous waste disposal facilities of dust/sludge from the primary production of steel in electric arc furnaces and hazardous waste that will be de-characterized and rendered nonhazardous and subject such disposal to a fee of $11.60 per ton. The act also provides for the distribution of half of the proceeds from the fee to counties with commercial sites for the disposal of hazardous waste and half to the State General Fund and provides for supplemental appropriations from the Environmental Management Fund, in such amounts as deemed necessary, to the Alabama Department of Environmental Management for the fiscal years ending on September 30 in 2006 and 2007.

EFFECTIVE DATE: May 1, 2006.

Act 2006-307, SB483, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Baldwin County, to authorize the Legislature, by general or local law, to provide for the regulation and operation of wastewater utilities in the unincorporated area of the county.

EFFECTIVE DATE: Contingent upon ratification.

Act 2006-308, HB624, proposes an amendment to Amendment 630 to the Constitution of Alabama of 1901, now appearing as Section 3, Local Amendments, Cherokee County, Official Recompilation of the Constitution of Alabama of 1901, as amended, pertaining only to Cherokee 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 and provide that the amendment is remedial and curative of actions taken on or after January 6, 1999.

EFFECTIVE DATE: Contingent upon ratification.

Act 2006-310, HB294, relates to public education employees and retirees under the Teachers' Retirement System. The act provides a five percent cost-of-living salary increase for certain public education employees and a five percent cost-of-living salary increase or $1,000, whichever is greater, for full-time support employees for the fiscal year beginning October 1, 2006, and provides for two steps to be added to the State Minimum Salary Schedule and applicable salary schedule by the State Board of Education and the Alabama Institute for Deaf and Blind Board. The act increases the base rate of pay for part-time public education support employees by five percent. The act also provides a seven percent cost-of-living increase to certain retirees and beneficiaries under the system.

EFFECTIVE DATE: April 5, 2006.

Act 2006-311, SB128, amends Section 32-5A-154, Code of Alabama 1975, relating to the rules of the road, to prescribe penalties for overtaking or passing a school bus or church bus when stopped to receive or discharge passengers on a highway, roadway, school property, or upon a private road, excluding divided four-lane highways. The act also provides an inference that the registered owner of a vehicle has committed a violation when the violation is witnessed by the school bus driver or a peace officer and the identity of the driver of the vehicle is not known.

EFFECTIVE DATE: October 1, 2006.

Act 2006-312, SB231, amends Section 12-25-34, Code of Alabama 1975, relating to the Alabama Sentencing Commission, to adopt the initial voluntary sentencing standards for certain felony offenses and extend the time for the presentation of additional truth-in-sentencing standards to the Legislature until the 2009 Regular Session.

EFFECTIVE DATE: October 1, 2006.

Act 2006-313, HB729, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Tuscaloosa County, to authorize the Legislature to fix, alter, and regulate court costs in the county and ratify and confirm any local law authorizing any additional court costs enacted prior to the adoption of this amendment.

EFFECTIVE DATE: Contingent upon ratification.

Act 2006-314, HB783, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Baldwin County, to allow certain qualified taxpayers, age 65 and older, to claim a senior discount on their ad valorem taxes.

EFFECTIVE DATE: Contingent upon ratification.

Act 2006-316, HB287, is the Uniform Residential Landlord and Tenant Act. The act adds a new Chapter 9A to Title 35, Code of Alabama 1975, providing for the regulation of landlord-tenant relationships under residential rental agreements. The act amends Section 6-6-350, Code of Alabama 1975, to decrease the time for filing an appeal of an unlawful detainer action from district to circuit court from 14 to 7 days and Section 35-9-60, Code of Alabama, to remove references to dwelling houses from the law relating to liens for the rent of buildings. The act also repeals Section 35-9-4, Code of Alabama 1975, relating to the hiring of lodging for an indefinite term, and Article 3, commencing with Section 35-9-80, of Chapter 9 of Title 35, Code of Alabama 1975, relating to possession wrongfully withheld.

EFFECTIVE DATE: January 1, 2007.

Act 2006-317, HB821, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Baldwin County, to grant certain limited home rule powers to the county commission, not including the power to tax or raise revenue or to enable pari-mutuel betting or any pari-mutuel betting facility, gaming or gaming devices, or any gambling.

EFFECTIVE DATE: Contingent upon ratification.

Act 2006-318, HB725, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Shelby County, to authorize the board of registrars to receive and distribute the voter registration list to the public and provide for a reasonable fee for the distribution.

EFFECTIVE DATE: Contingent upon ratification.


Act 2006-327, SB18, amends Section 17-6-13, Code of Alabama 1975, relating to election officers, to increase the compensation paid to each election clerk, returning officer, and election inspector to at least a certain minimum amount, provide that each election inspector receive an additional $25 per day upon completion of a local election school, and prohibit any election official who has not completed the school or been certified by the judge of probate, unless appointed to fill an election official vacancy, from serving in an election. The act also repeals Sections 17-9-19 and 17-9-20, Code of Alabama 1975.

EFFECTIVE DATE: April 11, 2006.

Act 2006-335, SB75, 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, 2007.

EFFECTIVE DATE: October 1, 2006.

Act 2006-344, HB601, amends Sections 33-4-48, Code of Alabama, 1975, to increase the fee paid to a bar pilot by the master, owner, agent, or operator of any ship or vessel crossing the outer bar of Mobile Bay from $27 to $29 per draft foot effective April 12, 2006, and to $31 per draft foot effective January 1, 2010, and thereafter, and increase the pilotage fees paid from three and three-quarter cents ($.0375) per ton to four cents ($.04) per ton for each of the vessel's maximum registered gross tons effective January 1, 2007, four and one-quarter cents ($0.0425) per ton effective January 1, 2008, and four and one-half cents ($.045) per ton effective January 1, 2009, and thereafter.

EFFECTIVE DATE: April 12, 2006.

Act 2006-348, HB699, amends Sections 11-44E-3 and 11-44E-40, Code of Alabama 1975, relating to the mayor/commission/city manager form of government in Class 5 municipalities, to remove the staggering of the terms of members of the city commission, beginning in 2011, and provide for the date of the election, beginning in 2013, of the mayor and city commission.

EFFECTIVE DATE: July 1, 2006.

Act 2006-352, HB292, amends Sections 40-18-15 and 40-18-19, Code of Alabama 1975, relating to income tax, to increase the personal and dependent exemptions and raise the optional standard deduction to increase the threshold at which the state imposes individual income taxation on taxpayers with adjusted gross income of $20,000 or less. The act increases the dependent exemption for taxpayers with adjusted gross income of $100,000 or less. The act also directs the State Treasurer to calculate and deposit interest income into the Education Trust Fund Proration Prevention Account pursuant to subsection (f) of Section 40-1-32.1, Code of Alabama 1975, and exempts, beginning January 1, 1998, all income, interest, dividends, gains, or benefits of any kind received from education accounts administered under Chapter 33C, Title 16, Code of Alabama 1975, from all income taxation under certain conditions.

EFFECTIVE DATE: April 12, 2006.

Act 2006-353, HB86, establishes the crime of hog and canine fighting, with certain limited exceptions, as a Class A misdemeanor for the first conviction and a Class C felony for any subsequent conviction.

EFFECTIVE DATE: July 1, 2006.


Act 2006-354, SB529, amends Sections 11-43-44, 11-46-21, 11-46-55, 17-10-10, 17-10-12, 17-10-23, 17-16-6, and 17-16-36, Code of Alabama 1975, relating to absentee balloting, to provide procedures for overseas citizens and military personnel to cast absentee ballots, provide that runoffs in municipal elections shall take place six weeks following the general municipal election, and provide that municipal officials elected at a regular municipal election shall assume the duties of their respective offices on the first Monday in November following the election. The act also provides that it will not be enforced until precleared pursuant to Section 5 of the Voting Rights Act.

EFFECTIVE DATE: April 13, 2006.

Act 2006-356, HB222, amends Section 40-12-248, Code of Alabama 1975, relating to the licensing and registration of trucks and truck tractors, to provide for the licensing and registration of pick-up trucks which are used for personal or agricultural use without regard to the heaviest load to be carried, including the heaviest load carried in combination on any trailer.

EFFECTIVE DATE: July 1, 2006.

Act 2006-384, SB286, amends Section 37-1-80.2, Code of Alabama 1975, relating to the Public Service Commission Dual Party Relay Fund, to provide for the management and operation of the fund to provide telephone services to the handicapped. The act provides for the collection of fees on access lines, authorizes the execution of contracts on behalf of the fund, requires annual audits and the publication of an annual report, and provides for limitations on the civil liability of trustees.

EFFECTIVE DATE: July 1, 2006.

Act 2006-386, HB172, amends Sections 40-13-6 and 40-13-8, Code of Alabama 1975, relating to the 1971 coal severance tax, to extend the excise and privilege tax on coal until October 1, 2011, and provide, beginning with the 2006-2007 fiscal year, for the transfer of $100,000 each to the Community Development Foundation, Inc., the Marion County Community Development Association, Inc., the West Alabama Development Association of Fayette County, the Jackson County Economic Development Association, and the West Alabama Economic Development Association.

EFFECTIVE DATE: April 14, 2006.

Act 2006-387, HB212, amends Section 32-6-350, Code of Alabama 1975, relating to distinctive license tags, to require the purchaser of a Vietnam veteran’s tag to pay an additional $6 fee for the initial issuance of the tag, $3 of which shall be distributed to the Vietnam Veterans of America, Inc., Alabama State Council.

EFFECTIVE DATE: July 1, 2006.

Act 2006-388, HB213, relates to personalized motor vehicle tags for certain veterans. The act provides for the inscription of special letters, figures, numbers, or other marks, emblems, symbols, or badges of distinction or personal prestige, or a combination of these, as are approved for and assigned to the application by the Department of Revenue on the tags, provides for the distribution of the fees for the tags, and provides that the extra fees spent on the personalized license tags constitute a charitable deduction.

EFFECTIVE DATE: July 1, 2006.


Act 2006-389, HB682, relates to Class 2 municipalities. The act exempts BayFest, Inc., from the payment of all municipal sales and use taxes and gross receipts taxes effective retroactive to October 1, 1999.

EFFECTIVE DATE: April 14, 2006, retroactive to October 1, 1999.

Act 2006-398, HB756, adds Section 33-6A-3.1 to the Code of Alabama 1975, to regulate the use of large boats on Lake Harris (Lake Wedowee), Lake Martin, and Weiss Lake. The act prohibits the use of houseboats, recreational vessels greater than 26 feet 11 inches in length with a top speed in excess of 60 miles an hour, and recreational vessels greater than 30 feet 6 inches in length on the lakes. The act also provides exceptions and authorizes the Department of Conservation and Natural Resources to issue permits for boats in use on July 1, 2006.

EFFECTIVE DATE: July 1, 2006.

Act 2006-401, SB169, amends Section 28-1-6, Code of Alabama 1975, relating to the issuance of licenses for the sale of alcohol in Class 1 and Class 2 municipalities, to provide additional grounds for a circuit court to uphold the denial of a license by the governing body of a Class 1municipality.

EFFECTIVE DATE: July 1, 2006.

Act 2006-405, SB66, amends Section 16-1-32, Code of Alabama 1975, relating to debit card programs of public institutions of higher education, to specify that the authority of an institution to create a program is in addition to other constitutional and statutory authority, permit the purchase of services as determined by the governing body, and permit additional merchants to participate in the program with a per transaction fee not exceeding five percent of the total purchase price.

EFFECTIVE DATE: April 14, 2006.

Act 2006-406, SB97, makes a supplemental appropriation of $2,600,000 from the Capitol Complex Maintenance and Repair Fund to the Alabama Department of Finance, $65,000 from the Alabama Board of Chiropractic Examiners Fund to the Alabama Board of Chiropractic Examiners, and an estimated $1,329,925 from the Alabama Capital Improvement Trust Fund for debt service on general obligation bonds, Series 2006-A, for the fiscal year ending September 30, 2006.

EFFECTIVE DATE: April 14, 2006.

Act 2006-407, SB98, transfers that portion of the Children First Trust Fund receipts currently allocated for the State Board of Education to the State General Fund during the fiscal year ending September 30, 2007.

EFFECTIVE DATE: April 14, 2006.

Act 2006-408, SB100, appropriates $965,600 from the State General Fund to the Children's Advocacy Programs in Alabama for the Children's Advocacy Centers and the Alabama Network of Children's Advocacy Center, Inc., for the fiscal year ending September 30, 2007.

EFFECTIVE DATE: October 1, 2006.

Act 2006-409, SB101, appropriates $42,446,675 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, 2007. 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 also appropriates $48,826,692 from additional 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, 2007. The act conditionally appropriates and allocates additional tobacco revenues upon the recommendation of the Director of Finance, the Chair of the House Government Finance and Appropriations Committee, and the Chair of the Senate Finance and Taxation-General Fund Committee and the approval of the Governor.

EFFECTIVE DATE: April 14, 2006.

Act 2006-410, SB112, appropriates $503,583 from the State General Fund to the Coalition Against Domestic Violence for the fiscal year ending September 30, 2007.

EFFECTIVE DATE: October 1, 2006.

Act 2006-411, SB120, establishes the Impaired Doctor of Optometry Treatment Program to identify and provide a course of treatment and follow-up care for any doctor of optometry who is not able to practice optometry with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs or other substances, or as a result of a physical or mental condition.

EFFECTIVE DATE: July 1, 2006.

Act 2006-412, SB279, amends Section 12-14-51, Code of Alabama 1975, relating to municipal court magistrates, to clarify that magistrates are the chief officers of the municipal court administrative agency and expand the duties of a magistrate to include, with the approval of a municipal judge, the approval of property, cash, and bonds for bail, screening substantial hardship affidavits and assigning attorneys, conducting arraignments and setting not guilty pleas for trial, opening court and calling the docket, and granting continuances in municipal ordinance violation cases. The act also authorizes a magistrate to dismiss no driver’s license, no mandatory liability insurance, and equipment violations upon proof of compliance.

EFFECTIVE DATE: July 1, 2006.

Act 2006-413, SB293, relates to living wills or advanced directives for health care. The act provides for the filing and recording of living wills in the office of the judge of probate in the county where the person resides, for a $5 recording fee, and for limited inspection and copying by certain medical personnel, immediate family members, and other legally authorized persons.

EFFECTIVE DATE: July 1, 2006.

Act 2006-414, SB373, amends Sections 32-13-3, 32-13-4, and 32-13-6, Code of Alabama 1975, relating to abandoned motor vehicles, to permit abandoned motor vehicles that are towed onto property owned by governmental entities to be sold at public auction and revise the procedures relating to the sale of abandoned motor vehicles and the registration of salvage abandoned motor vehicles. The act also repeals Sections 12-19-76 and 32-13-7, Code of Alabama 1975, providing a circuit court fee for filing a report of the sale of an abandoned motor vehicle and for the disposition of proceeds from the sale of an abandoned motor vehicle.

EFFECTIVE DATE: July 1, 2006.


Act 2006-415, SB429, relates to driver's licenses. The act permits active duty members of the National Guard or Armed Forces of the United States who are deployed outside of the United States to extend the validity of their driver’s licenses when in possession of valid military orders and authorizes the Department of Public Safety to establish procedures for the early renewal of driver's licenses for those members who are facing deployment outside of the United States.

EFFECTIVE DATE: July 1, 2006.

Act 2006-416, SB439, amends Sections 5-21-4 and 5-21-11, Code of Alabama 1975, relating to the Wallace Plan for Linked and Emergency Interim Deposits, to extend the termination date from September 30, 2006, to September 30, 2009.

EFFECTIVE DATE: April 14, 2006.

Act 2006-417, SB451, amends Act 91-635, 1991 Regular Session (Acts 1991, p. 1193), as amended by Act 97-645, 1997 Regular Session (Acts 1997, p. 1188), and Acts 99-590 and 99-591, 1999 Regular Session (Acts 1999, pp. 1349, 1352), relating to grants by the State Industrial Authority, to alter the amounts of site preparation grants and to require the Director of the State Industrial Development Authority to report annually to each member of the Legislature on the number, amount, and location of distributed grants. The act also annually appropriates $2,000,000 from the Capital Improvement Trust Fund to the Industrial Development Authority for the payment of site preparation grants.

EFFECTIVE DATE: April 14, 2006.

Act 2006-419, HB19, amends Section 13A-6-1, Code of Alabama 1975, to include an unborn child, at any stage of development, within the definition of a person for the crimes of homicide and assault. The act specifically exempts legal abortions and provides criminal immunity for licensed physicians and other licensed health care providers for mistakes or unintentional errors.

EFFECTIVE DATE: July 1, 2006.

Act 2006-420, SB248, amends Section 36-6-11, Code of Alabama 1975, relating to annual longevity bonuses for state employees, to provide an annual bonus of $700 for employees serving for 25 years or more and to increase all annual bonuses by $100 for each fiscal year that state employees do not receive a cost-of-living increase, with a maximum of $1,000 for 25 years of total service.

EFFECTIVE DATE: July 1, 2006.

Act 2006-421, SB250, provides a five percent cost-of-living salary increase for certain state employees for the fiscal year beginning October 1, 2006.

EFFECTIVE DATE: April 17, 2006.

Act 2006-422, HB209, amends Section 32-6-272, Code of Alabama 1975, relating to distinctive license plates for firefighters, to require firefighters to present proof of membership in a fire department to the judge of probate, license commissioner, or other license issuing official before a distinctive plate may be issued, require the Alabama Forestry Commission and the Firefighters’ Personnel Standards and Education Commission to prepare a list of all fire departments for use by the licensing officials, and provide that falsely obtaining or certifying an individual to obtain a distinctive plate is a Class C misdemeanor.

EFFECTIVE DATE: July 1, 2006.


Act 2006-423, HB247, amends Section 13A-10-1, Code of Alabama 1975, relating to the crime of obstructing governmental operations, to include volunteer firefighters within the definition of "fireman" and the fire control activities of volunteer fire departments within the definition of "governmental function" for purposes of the crime.

EFFECTIVE DATE: July 1, 2006.

Act 2006-424, HB323, is the Public Safety Officer Appreciation Act of 2006. The act exempts from state income tax certain death benefit payments received by the designated beneficiary of a peace officer or fireman killed in the line of duty.

EFFECTIVE DATE: April 17, 2006.

Act 2006-425, HB408, amends Section 27-1-23, Code of Alabama 1975, relating to personal automobile insurance. The act prohibits insurance carriers, for purposes of determining premium amounts, from considering certain motor vehicle accidents of members of volunteer fire departments, rescue squads, and emergency medical services in the same manner as is prohibited for full-time law enforcement officers and firefighters.

EFFECTIVE DATE: July 1, 2006.

Act 2006-426, HB409, amends Sections 36-30-1 and 36-30-2, Code of Alabama 1975, relating to death and disability benefits for peace officers, firefighters, and volunteer firefighters of the Alabama Forestry Commission, to extend the death benefit to include death as a direct result of a heart attack or stroke suffered not later than 24 hours after engaging in certain stressful activity while on duty.

EFFECTIVE DATE: July 1, 2006.

Act 2006-427, HB413, amends Section 13A-6-2, Code of Alabama 1975, relating to the crime of murder, to include the commission of the crime of arson resulting in the death of a firefighter or other public safety officer while performing his or her duty as a consequence of arson.

EFFECTIVE DATE: July 1, 2006.

Act 2006-428, HB437, prohibits an employer from terminating an employee who, as a volunteer firefighter or an emergency medical services provider, responds to an emergency call prior to the time he or she is scheduled to report to work, resulting in time lost from employment. The act also provides for reinstatement of an employee wrongfully terminated from employment and for a one year statute of limitations for commencing an action.

EFFECTIVE DATE: July 1, 2006.

Act 2006-429, HB447, amends Section 36-30-2, Code of Alabama 1975, relating to death and disability benefits for peace officers, firefighters, and volunteer firefighters of the Alabama Forestry Commission. The act increases the death benefit paid to dependents of peace officers, firefighters, and volunteer firefighters of the Alabama Forestry Commission from $50,000 to $100,000 and the disability compensation paid to a totally disabled volunteer firefighter of the Alabama Forestry Commission from $50,000 to $100,000.

EFFECTIVE DATE: Retroactive to January 1, 2006.


Act 2006-457, HB828, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Butler County, to prohibit the sheriff or any elected or appointed county official from participating in the supernumerary program and authorize those officials to participate in the Employees' Retirement System.

EFFECTIVE DATE: Contingent upon ratification.

Act 2006-503, HB510, amends Section 40-18-140, Code of Alabama 1975, relating to voluntary check-off designations on state income tax returns, to permit a taxpayer to designate and contribute any whole dollar amount of his or her tax refund to authorized check-off recipients in lieu of checking a specific dollar amount that is printed on the tax return. The act provides for new income tax refund check-offs for the Alabama Organ Center Donor Awareness Fund and the Alabama National Guard Foundation, Incorporated, consolidates check-off provisions under current Section 40-18-140, and provides for the termination of any check-off that fails to achieve annual gross contributions of $7,500 for a subsequent three-year period. The act also repeals Sections 26-16-31, 40-18-141 to 40-18-145, inclusive, 40-18-147 to 40-18-153, inclusive, 41-15A-4, and 41-23-102, Code of Alabama 1975, relating to current check-off provisions.

EFFECTIVE DATE: April 17, 2006, for tax years beginning after December 31, 2005.

Act 2006-504, HB254, authorizes the State Department of Agriculture and Industries to develop and implement an animal identification system consistent with the National Identification System of the United States Department of Agriculture and to request the voluntary submission of information to the department by persons subject to the program. The act specifies that participation in the program is voluntary until mandated by federal law and that all information collected is confidential. The act also authorizes the Commissioner of Agriculture and Industries, in the interest of public health, safety, and welfare, to collect information on subjects regulated by the department.

EFFECTIVE DATE: July 1, 2006.

Act 2006-507, SB49, relates to public elementary and secondary school counselors. The act provides the same annual stipend or supplement of $5,000 for counselors certified by the National Board for Certified Counselors (NBCC) prior to January 1, 2003, as is provided for counselors who are certified by the National Board for Professional Teaching Standards (NBPTS) and provides for the forfeiture of the annual stipend for those school counselors who do not obtain NBPTS certification by 2013. The act also appropriates an amount of up to $185,000 from the Education Trust Fund to the State Department of Education for the fiscal year ending September 30, 2007.

EFFECTIVE DATE: April 17, 2006.

Act 2006-508, SB308, amends Section 13A-10-151, Code of Alabama 1975, relating to the Anti-terrorism Act of 2002, to include as acts of terrorism endangering the food supply and endangering the water supply. The act also establishes the crimes of endangering the food supply and endangering the water supply as separate Class B felonies.

EFFECTIVE DATE: July 1, 2006.

Act 2006-509, SB305, amends Section 27-31A-4, Code of Alabama 1975, and adds Chapter 31B, Title 27, to the Code of Alabama 1975, relating to the Department of Insurance. The act provides for the regulation, licensure, taxation, operation, and merger and conversion of captive insurance companies.

EFFECTIVE DATE: April 17, 2006.


Act 2006-510, SB284, provides for payment of a two percent cost-of-living adjustment promised in 2005 and an additional five percent increase in the gross monthly benefit, equal to or greater than $25, to certain retirees and beneficiaries of the Employees' Retirement System.

EFFECTIVE DATE: October 1, 2006.

Act 2006-511, HB127, relates to Community Services Grants. The act creates and establishes the State Executive Commission on Community Services Grants, consisting of the State Superintendent of Education, the Lieutenant Governor, the State Treasurer, and the Commissioner of Agriculture and Industries, as the agency that receives and distributes appropriations from the Legislature for community services grants. The act amends Sections 29-2-121 and 29-2-123, Code of Alabama 1975, to redesignate the Joint Legislative Oversight Committee on Community Services Grants as the Joint Legislative Advisory Committee on Community Services Grants and to provide that the committee act in an advisory role to the commission in recommending the approval or rejection of grants. The act also appropriates from the Education Trust Fund to the commission, for the fiscal year ending September 30, 2006, $12,800,000 for grants promoting public education and $604,633 for distribution in legislative districts that did not receive their full designated amounts in the fiscal year ending September 30, 2005. The act also repeals the appropriation made in Section 3A.1 of Act 2005-173.

EFFECTIVE DATE: April 17, 2006.

Act 2006-512, HB775, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Macon County, to provide for the election of the five members of the board of education from four single-member districts and the county at large for staggered six-year terms of office.

EFFECTIVE DATE: Contingent upon ratification.

Act 2006-513, SB586, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Sumter County, to levy an additional ad valorem tax of 15 mills for distribution to the county board of education.

EFFECTIVE DATE: Contingent upon ratification.

Act 2006-514, SB466, proposes an amendment to the Constitution of Alabama of 1901, pertaining only to Tuscaloosa County, to authorize the Legislature, by local or general act, to fix, regulate, and alter the costs and charges of court in the county and to ratify and confirm any local law authorizing any additional court costs enacted prior to the adoption of the amendment.

EFFECTIVE DATE: Contingent upon ratification.

Act 2006-516, HB207, amends Section 16-13-190, Code of Alabama 1975, relating to the ratification and validation of county elections held for school purposes, to include certain irregular municipal elections.

EFFECTIVE DATE: April 18, 2006.

Act 2006-517, HB767, relates to the federal Interstate Motor Carriers Act of 2005. The act designates the Public Service Commission as the state agency responsible for the implementation and administration of the federal act in the state, for the collection of fees set by the federal Secretary of Transportation, and for the distribution of one-sixth of those fees into the Motor Carrier Fund in the State Treasury and five-sixths into the operating fund of the commission.

EFFECTIVE DATE: Date that Unified Carrier Registration Act of 2005 is operative in Alabama.


Act 2006-518, SB278, continues the existence and functioning of the Alabama State Board of Registration for Interior Design pursuant to the Alabama Sunset Law until October 1, 2007. The act also amends Section 34-15B-3, Code of Alabama, to specify that the section does not prohibit any person from charging and collecting a fee for consultation services, regardless of whether those services or a sale is consummated.

EFFECTIVE DATE: April 18, 2006.

Act 2006-519, HB105, amends Sections 25-4-40.1 and 25-4-54, Code of Alabama 1975, relating to the Employment Security Enhancement Fund, to extend the expiration date of the special assessment from March 31, 2006, to March 31, 2008.

EFFECTIVE DATE: April 18, 2006.

Act 2006-520, HB205, designates the peach as the official state tree fruit of Alabama.

EFFECTIVE DATE: April 18, 2006.

Act 2006-521, HB369, 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 beginning on or after July 2, 2006, and increase the maximum unemployment benefits by an additional $5 per week for benefit years which begin on or after July 1, 2007.

EFFECTIVE DATE: April 18, 2006.

Act 2006-522, HB107, amends Sections 31-9-3, 31-9-4, 31-9-8, and 31-9-10, Code of Alabama 1975, relating to state emergencies and the Emergency Management Agency, to define a state public health emergency, state of emergency, and state technological emergency and designate the Director of Emergency Management as the Assistant Director of Homeland Security for Emergency Preparedness and Response. The act provides that a state of emergency lasts 60 days, unless extended by the Governor or Legislature, and deletes the requirement that the Legislature convene in special session when a state of emergency is declared. The act also expands the authority of state and local responders regarding emergency preparedness and response, specifies the duties of the Department of Public Health when a state of public health emergency has been declared, and specifies the powers of political subdivisions with respect to emergency management.

EFFECTIVE DATE: April 20, 2006.

Act 2006-523, SB344, amends Sections 36-7-20 and 36-7-22, Code of Alabama 1975, relating to state employees, to set the travel allowance of state employees at not less than $75 per day and to provide that travel, except as applied to members of the Legislature, means a departure from the permanent place of employment.

EFFECTIVE DATE: April 20, 2006.

Act 2006-524, HB505, amends Section 16-49-20, Code of Alabama 1975, relating to the Board of Trustees for Alabama Agricultural and Mechanical University, to allow the three at-large members of the board to be appointed from outside of the state, add the president of the faculty senate as an ex officio nonvoting member of the board, and specify that at least one-third of the membership be appointed biennially.

EFFECTIVE DATE: July 1, 2006.


Act 2006-525, HB59, amends Section 40-12-49, Code of Alabama 1975, relating to the annual license tax paid by attorneys, to increase the amount of the tax from $250 to $300, commencing October 1, 2006.

EFFECTIVE DATE: April 20, 2006.

Act 2006-526, HB351, allows mothers to breastfeed their children in any public or private location.

EFFECTIVE DATE: July 1, 2006.

Act 2006-527, HB56, relates to the Judicial Inquiry Commission. The act authorizes the commission to employ and compensate an assistant executive director in lieu of filling an existing administrative position.

EFFECTIVE DATE: July 1, 2006.

Act 2006-528, HB12, amends Section 32-2-3, Code of Alabama 1975, relating to the Department of Public Safety, to specifically provide for the establishment of an investigative division named the Alabama Bureau of Investigation and require any law enforcement officer or trainee employed by the department to be 18 years of age or older.

EFFECTIVE DATE: July 1, 2006.

Act 2006-529, HB11, amends Section 26-2A-142, Code of Alabama 1975, relating to the Uniform Guardianship Act, to authorize the court in a conservatorship or guardianship proceeding to tax as court costs against the petitioner the reasonable compensation for services rendered by certain persons appointed by the court when the estate of the ward is not sufficient to pay for the services and court costs.

EFFECTIVE DATE: July 1, 2006.

Act 2006-530, HB34, amends Section 16-1-27, Code of Alabama 1975, relating to the use of electronic communication devices on school property, to authorize local boards of education to adopt policies pertaining to the possession and use of pagers, cellular telephones, and electronic communication devices on school property.

EFFECTIVE DATE: July 1, 2006.

Act 2006-531, HB47, amends Section 26-15-3, Code of Alabama 1975, relating to child abuse, to delete the language providing for a specific prison sentence upon conviction and provide that the offense of child abuse is a Class C felony.

EFFECTIVE DATE: July 1, 2006.

Act 2006-532, HB72, amends Section 29-8-4, Code of Alabama 1975, relating to the Alabama Law Institute, to require the institute to conduct periodic training and continuing education programs for public officials, including providing educational material.

EFFECTIVE DATE: July 1, 2006.

Act 2006-533, HB73, amends Section 12-15-10, Code of Alabama 1975, relating to juvenile court proceedings, to require a municipality to reimburse a county for the actual costs incurred by the county in housing, in a county facility, any juvenile alleged to have violated a municipal ordinance that is not based on a state criminal statute.

EFFECTIVE DATE: April 21, 2006.


Act 2006-534, HB75, amends Section 22-27-48, Code of Alabama 1975, relating to solid waste management plans, to provide for local application and renewal fees and exempt industrial landfills receiving wastes generated on site.

EFFECTIVE DATE: July 1, 2006.

Act 2006-535, HB78, amends Section 22-4A-4, Code of Alabama 1975, relating to Family Practice Rural Health Boards, to authorize the board to allocate funds for post-doctoral training that is accredited by the American Academy of Family Physicians or the American College of Osteopathic Family Physicians, or both, and approved by the American Osteopathic Association.

EFFECTIVE DATE: April 21, 2006.

Act 2006-536, HB80, amends Sections 22-19-51 to 22-19-54, inclusive, 22-19-58, 22-19-59.2, 22-19-73, and 22-19-100 to 22-19-103, inclusive, Code of Alabama 1975, relating to anatomical gifts, to replace references to enucleator with the phrase "a technician certified by the Alabama Eye Bank after completing training according to the medical standards of the Eye Bank Association of America," require the electronic transfer of donor information from the Department of Public Safety to appropriate Alabama eye and tissue procuring organizations, and authorize the eye bank to train employees in the proper procedures of eye tissue procurement according to the Eye Bank Association of America.

EFFECTIVE DATE: July 1, 2006.

Act 2006-537, HB81, amends Section 17-4-129, Code of Alabama 1975, relating to the publication of voter registration lists, to provide that the publication of the supplemental list of inadvertently omitted registered voters in a newspaper, at the discretion of the county commission, may be pursuant to a preprinted or inserted advertising supplement and that the publishing newspaper is not responsible for the content of the insertion unless prepared by the newspaper.

EFFECTIVE DATE: April 21, 2006.

Act 2006-538, HB99, amends Section 44-1-51, Code of Alabama 1975, relating to the Alabama Youth Services Board. The act requires that the seven public members appointed by the Governor be from different congressional districts of the state as comprised on January 1, 2006, and provides that the member representatives of the Council of Juvenile Court Judges, Chief Probation Officers Association, and public receive the same mileage and per diem as state employees unless otherwise reimbursed by public funds for services provided to the board.

EFFECTIVE DATE: April 21, 2006.

Act 2006-539, HB125, makes the act of shooting or discharging a firearm into an unoccupied school bus or school building a Class C felony and the act of shooting or discharging a firearm into an occupied school bus or school building a Class B felony.

EFFECTIVE DATE: July 1, 2006.

Act 2006-540, HB518, amends Sections 34-17A-3, 34-17A-5 to 34-17A-8, inclusive, 34-17A-10, 34-17A-11, 34-17A-13, and 34-17A-14, Code of Alabama 1975, relating to the Alabama Board of Examiners in Marriage and Family Therapy, to revise the definition of recognized educational institution to include an institution that grants degrees recognized by a regional educational accrediting body; designate a person completing a two-year postgraduate supervision as an associate; and exempt from licensure ministers and nurses practicing within the scope of their expertise. The act deletes antiquated language pertaining to the board; authorizes the Alabama Association for Marriage and Family Therapy to submit candidates to the Governor to fill vacancies for unexpired terms; provides that a quorum is a majority of the current appointed members of the board; and authorizes the board by rule to assess and collect fees, including administrative, examination, and license fees. The act requires applicants for licensure to pass an examination and authorizes the board to discipline and impose administrative fees on licensees for violations. The act also repeals Sections 34-17A-9 and 34-17A-24, Code of Alabama 1975, relating to educational requirements for prior applicants and annual reporting requirements of the board.

EFFECTIVE DATE: July 1, 2006.

Act 2006-541, HB537, amends Sections 34-1A-1 to 34-1A-3, inclusive, and 34-1A-6, Code of Alabama 1975, relating to the Alabama Electronic Security Board of Licensure, to include locksmith as a profession subject to regulation by the board, provide for a locksmith member on the board, authorize the board to license graduates of applicable technical school and community college programs and to work with the Attorney General and other law enforcement agencies in prohibiting violations, and exempt certain licensed electricians.

EFFECTIVE DATE: July 1, 2006.

Act 2006-542, HB707, establishes the Red Mountain Greenway and Recreational Area Commission as a state agency to preserve and maintain that area in Jefferson County located along Red Mountain. The act provides for the membership, duties, and powers of the commission and authorizes the commission to issue revenue bonds, adopt rules, and enter into cooperative agreements. The act also authorizes the commission to designate employees as law enforcement officers, exempts the commission from all taxation, and provides penalties for violations.

EFFECTIVE DATE: July 1, 2006.

Act 2006-543, SB108, amends Section 34-23-152, Code of Alabama 1975, relating to pharmacies, to delete the requirement that all surfaces in drug compounding areas, including walls, ceilings, and floors, be smooth.

EFFECTIVE DATE: April 21, 2006

Act 2006-544, HB592, is the Rosa Parks Act. The act grants, upon proper application, a pardon to any person convicted of violating a state law or a municipal ordinance that maintains or enforces racial segregation or discrimination. The act provides for a hearing if the state objects to the granting of the pardon, for the expungement of the record of conviction, and for the transfer of the record of conviction, with certain exceptions, to the Alabama Department of Archives and History.

EFFECTIVE DATE: July 1, 2006.

Act 2006-545, HB141, requires employers to grant employees necessary time off, not exceeding one hour, to vote in any election for which the employee is qualified and registered to vote. The act authorizes the employer to specify the hours during which an employee may take time off to vote and limits application to those employees who do not have sufficient time to vote before or after work hours.

EFFECTIVE DATE: April 25, 2006.


Act 2006-546, HB142, requires a motorist approaching a stationary authorized emergency vehicle in specified circumstances to yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle.

EFFECTIVE DATE: July 1, 2006.

Act 2006-547, HB145, amends Section 15-10-10, Code of Alabama 1975, relating to arrests before indictment, to provide that an arrest warrant from another county may be executed by any law enforcement officer in the state having a warrant or writ. The act also repeals Section 15-10-13, Code of Alabama 1975, relating to the endorsement of warrants by judges or magistrates in another county.

EFFECTIVE DATE: July 1, 2006.

Act 2006-548, HB156, relates to municipalities. The act provides that the employees of any separately incorporated public corporation authorized to be created by a municipality are employees of that corporation and not of the municipality authorizing its creation.

EFFECTIVE DATE: April 25, 2006.

Act 2006-549, HB176, amends Section 34-22-22, Code of Alabama 1975, relating to optometrists, to remove the requirement that licensees certify attendance at continuing education courses when making application for license renewal to the Board of Optometry, provide for the electronic verification of registration information, and authorize the board to promulgate rules for the administration of the section.

EFFECTIVE DATE: July 1, 2006.

Act 2006-550, HB206, provides that the annual license tax and registration fee for a vehicle designed and especially constructed to transport raw cotton from harvest to a cotton gin shall be two hundred fifty dollars ($250), exempts the vehicle from certain axle and gross weight requirements, and requires the Revenue Commissioner to design a license plate for the vehicle.

EFFECTIVE DATE: September 1, 2006.

Act 2006-551, HB214, amends Section 13A-11-75, Code of Alabama 1975, to require that a sheriff, before issuing a pistol permit, contact available local, state, and federal criminal history databases to determine if possession of a firearm by the applicant would be a violation of state or federal law.

EFFECTIVE DATE: April 25, 2006.

Act 2006-552, HB249, amends Section 41-1-20, Code of Alabama 1975, relating to the payment of obligations to the state, to lower the electronic funds transfer threshold for use in making payments of taxes, fees, and other obligations collected from certain business entities by the Department of Revenue from $100,000 to $25,000 for payments made during the calendar year, and from $50,000 to $750 for payments made by a business entity after October 1, 2006, and require certain payments to be made electronically. The act also provides that the payment of obligations to the state shall be made in funds which are immediately available on the first banking day following the due date of payment.

EFFECTIVE DATE: April 25, 2006.


Act 2006-553, HB255, amends Section 34-24-166, Code of Alabama 1975, relating to the State Board of Chiropractic Examiners, to remove dishonorable conduct, illegal distribution of intoxicating liquors or drugs, receipt of fees on assurance that incurable disease can be cured, participating in a criminal abortion, betrayal of a professional confidentiality, exploiting patients by overutilizing chiropractic services, and willful or repeated violation of professional rules or statutes from the grounds for which the board may invoke disciplinary action against a licensed chiropractor or permit holder and include a violation of any board order as grounds.

EFFECTIVE DATE: July 1, 2006.

Act 2006-554, HB260, amends Sections 32-6-3, 32-6-4, 32-6-4.1, 32-6-5, and 32-6-8, Code of Alabama 1975, relating to the issuance of driver's licenses, learner's licenses, and nondriver identification cards, to require the initial issuance of the licenses and identification cards be made by the Department of Public Safety, require the department to report the number of applicants monthly, and provide for the distribution of $1.50 of the fee collected to the applicable county general fund.

EFFECTIVE DATE: July 1, 2006.

Act 2006-555, HB306, amends Section 16-26B-3, Code of Alabama 1975, relating to the Alabama School of Fine Arts, to provide for the exemption of certain talented and gifted students from up to three units of study required by the State Department of Education for high school graduation and specify that the exemption does not apply to passage of the Alabama High School Graduation Exam.

EFFECTIVE DATE: April 25, 2006.

Act 2006-556, HB309, exempts the Barber Vintage Motorsports Museum from the payment of all state, county, and municipal sales and use and ad valorem taxes.

EFFECTIVE DATE: July 1, 2006.

Act 2006-557, HB321, adds Section 41-4-116 to the Code of Alabama 1975, to prohibit state agencies from contracting with any vendor or contractor, and any affiliate thereof, unless the vender collects all state and local sales, use, and lease taxes on all sales within the state.

EFFECTIVE DATE: Upon enactment of Act 2006-574. Act 2006-574 was signed by the Governor on April 25, 2006, and became effective on July 1, 2006.

Act 2006-558, HB330, amends Section 4-3-45, Code of Alabama 1975, relating to airport authorities, to specify that directors shall serve until their successors are appointed and qualified, that directors, officers, and employees are not personally liable for debts, obligations, or liabilities of the authority, and that directors shall be compensated in an amount authorized by the bylaws, subject to the rescission of any increase in compensation by the authorizing subdivision or subdivisions.

EFFECTIVE DATE: April 25, 2006.

Act 2006-559, HB346, amends Sections 22-40A-3, 22-40A-6 to 22-40A-9, inclusive, 22-40A-11, 22-40A-14, 22-40A-18, and 22-40A-21, Code of Alabama 1975, relating to the Alabama Scrap Tire Environmental Quality Act, to remove from the definition of processing the evaluating, transferring, or sorting of tires to determine their suitability for reuse, exclude an innocent landowner from the remediation of any accumulation of scrap tires on real property, and exempt receivers from the requirement of obtaining a permit as a transporter, except for class two receivers transporting scrap tires generated by other persons. The act deletes the requirement that class one receivers hold a processor permit to evaluate tires for reuse suitability, the requirement that the Department of Environmental Management distribute the manifest, and the requirement that a copy of the manifest be forwarded monthly to the receiver by the processor or landfill receiving tires. The act authorizes the department to grant, revoke, suspend, or deny an exemption or variance and authorizes the Department of Revenue to share fee information with the department. The act deletes the delivery of scrap tires to a non-approved facility as a violation and includes as a violation noncompliance with department regulations. The act authorizes, rather than requires, the commission to promulgate rules establishing procedures for operations and clarifies that the director of the department is responsible for approving and certifying reimbursement of commission members.

EFFECTIVE DATE: April 25, 2006.

Act 2006-560, HB348, amends Section 13A-12-281, Code of Alabama 1975, relating to the Demand Reduction Assessment Act, to remove juveniles adjudicated delinquent from the assessments imposed by the act for specific drug offenses.

EFFECTIVE DATE: April 25, 2006.

Act 2006-561, HB371, amends Section 13A-8-3, Code of Alabama 1975, relating to theft of property in the first degree, to expand the crime to include the theft of property with a cumulative value of not less than $1,000 within a 180-day period that results from a common plan or scheme by one or more persons where the object is to sell or transfer the property to another person or business that knows the property is stolen. The act also provides that venue for prosecution may be in a county in which the offense occurred or in which the property was disposed.

EFFECTIVE DATE: July 1, 2006.

Act 2006-562, HB374, amends Sections 41-16-120 and 41-16-123, Code of Alabama 1975, relating to the Alabama Department of Economic and Community Affairs and the disposal of surplus property, to provide for the publication of information by print or electronic means, change the title of the head of the surplus property division from chief to director, authorize the division director to enter into payment plans for the purchase of surplus property based upon guidelines established by the director of the department, remove the preference given municipalities in acquiring surplus motor vehicles, and increase the maximum administrative fee from 25 to 30 percent of the gross sale price.

EFFECTIVE DATE: July 1, 2006.

Act 2006-563, HB378, amends Sections 22-18-41 and 22-18-42, Code of Alabama 1975, relating to emergency medical services, to authorize licensed emergency services providers to maintain and administer fluids and drugs in accordance with Board of Health regulations and purchase authorized drugs and fluids from any reliable source, including wholesalers, distributors, and hospitals.

EFFECTIVE DATE: July 1, 2006.

Act 2006-564, HB380, is the Business Corporation Shareholder Voting Modernization Act of 2005. The act amends Sections 10-2B-1.40, 10-2B-7.22, and 10-2B-7.24, Code of Alabama 1975, to permit shareholders to vote and designate proxies by electronic means, including the Internet.

EFFECTIVE DATE: April 25, 2006.


Act 2006-565, HB390, amends Section 13A-6-21, Code of Alabama 1975, relating to the crime of assault in the second degree, to provide that a person commits the offense if the person, with the intent to cause physical injury to a health care worker or other person employed by or practicing at certain health care facilities, causes physical injury to any person. The act specifically exempts assaults committed by patients impaired by medication or committed on home health care workers while in a private residence.

EFFECTIVE DATE: July 1, 2006.

Act 2006-566, HB416, amends Sections 34-8A-2, 34-8A-3, 34-8A-5 to 34-8A-9, inclusive, 34-8A-11 to 34-8A-16, inclusive, 34-8A-18, and 34-8A-19, Code of Alabama 1975, relating to the Board of Examiners in Counseling, to provide for the issuance and extension of temporary provisional licenses, specifically exempt from licensure medical personnel employed by a clinic or hospital certified by the Department of Public Health or accredited by the Joint Commission on Accreditation of Health Care Organizations, and clarify that all licensed professional counselors and associate licensed counselors are subject to the regulations and disciplinary actions of the board. The act provides for additional compensation of board members who are requested to perform additional duties, provides for the employment of an executive director, authorizes the board to fix and collect reasonable fees, and requires any licensee whose license has lapsed for more than six years to reapply and satisfy initial licensure regulations. The act deletes the requirement that an applicant for licensure reside in Alabama, clarifies the qualifications for licensure as an associate licensed counselor, provides for the biennial renewal of licenses, and authorizes the one-year extension of a license suspension. The act also authorizes the board to assess legal costs against a licensee for any disciplinary action, to assess a civil penalty of not less than $500 nor more than $5,000 against any person practicing without a license, and to issue subpoenas.

EFFECTIVE DATE: July 1, 2006.

Act 2006-570, HB100, substantially revises, reorders, recasts, or repeals certain provisions of Title 17, Code of Alabama 1975, relating to elections, without making substantive changes; adds provisions contained in existing administrative rules reflecting judicial construction of existing provisions; and in this connection adds Sections 17-1-2, 17-3-53, 17-4-34, 17-6-26, 17-6-28, 17-12-4, 17-12-5, 17-14-7, 17-16-21, 17-17-4 to 17-17-6, inclusive, and 17-17-11 to 17-17-56, inclusive, to; adds headings to Article 1, Article 2, and Article 3 of Chapter 3, Article 1 and Article 2 of Chapter 6, Chapter 5, Article 1 and Article 2 of Chapter 7, Article 1, Article 2, and Article 3 of Chapter 9, Article 1, Article 2, Article 3, and Article 4 of Chapter 13, Article 3 of Chapter 14, and Article 3 of Chapter 16 of; amends and renumbers Sections 17-1-2 to 17-1-8, inclusive, 17-2-1 to 17-2-7, inclusive, 17-2-9 to 17-2-11, inclusive, 17-3-9 to 17-3-13, inclusive, 17-4-120 to 17-4-131, inclusive, 17-4-134 to 17-4-136, inclusive, 17-4-138, 17-4-150 to 17-4-157, inclusive, 17-4-159, 17-4-160, 17-4-180 to 17-4-188, inclusive, 17-4-191, 17-4-201 to 17-4-203, inclusive, 17-4-210 to 17-4-215, inclusive, 17-4-231, 17-4-250 to 17-4-256, inclusive, 17-5A-1, 17-5A-3 to 17-5A-10, inclusive, 17-6-1 to 17-6-4, inclusive, 17-6-6 to 17-6-8, inclusive, 17-6-10 to 17-6-13, inclusive, 17-6-17, 17-7-1, 17-7-2, 17-7-5, 17-7-5.1, 17-7-6, 17-7-7, 17-7-11, 17-7-13, 17-7-15 to 17-7-18, inclusive, 17-7-20, 17-7-21, 17-8-1, 17-8-2, 17-8-2.1, 17-8-3 to 17-8-11, inclusive, 17-8-15 to 17-8-20, inclusive, 17-8-22 to 17-8-26, inclusive, 17-8-29, 17-8-33, 17-8-43 to 17-8-45, inclusive, 17-9-8 to 17-9-14, inclusive, 17-9-19, 17-9-33 to 17-9-35, inclusive, 17-10-1 to 17-10-16, inclusive, 17-10-22 to 17-10-24, inclusive, 17-10A-1, 17-10A-2, 17-11A-1, 17-13-1, 17-13-2, 17-13-4 to 17-13-8, inclusive, 17-13-10 to 17-13-12, inclusive, 17-14-1, 17-14-2, 17-14-20 to 17-14-27, inclusive, 17-15-1 to 17-15-4, inclusive, 17-15-7, 17-15-20 to 17-15-35, inclusive, 17-15-50 to 17-15-63, inclusive, 17-16-1 to 17-16-15, inclusive, 17-16-17, 17-16-18, 17-16-20, 17-16-22, 17-16-25, 17-16-26, 17-16-30 to 17-16-43, inclusive, 17-16-45, 17-16-46, 17-16-49, 17-16-51, 17-16-52, 17-16-56, 17-16-70 to 17-16-89, inclusive, 17-16A-1 to 17-16A-6, inclusive, 17-17-1 to 17-17-6, inclusive, 17-18-1 to 17-18-7, inclusive, 17-19-1 to 17-19-8, inclusive, 17-21-1 to 17-21-6, inclusive, 17-22A-1 to 17-22A-14, inclusive, 17-22A-18 to 17-22A-21, inclusive, 17-22A-23, 17-24-2 to 17-24-7, inclusive, 17-24-11, 17-24-20 to 17-24-22, inclusive, 17-25-1 to 17-25-4, inclusive, and the heading of Chapter 5A of; amends the headings of Chapter 2, Chapter 3, Chapter 4, Article 1 of Chapter 4, Article 2 of Chapter 4, Article 3 of Chapter 4, Chapter 7, Chapter 8, Chapter 9, Chapter 10, Chapter 11, Chapter 12 (commencing with Section 17-12-1), Chapter 13 (commencing with Section 17-13-1), Chapter 14, Article 1 of Chapter 14, Article 2 of Chapter 14, Chapter 15, Chapter 16, Article 2 of Chapter 16, and Chapter 17 of; and repeals Sections 17-2-8, 17-4-132, 17-4-133, 17-4-137, 17-4-139, 17-4-158, 17-4-189, 17-4-190, 17-4-200, 17-4-204, 17-6-5, 17-6-9, 17-6-15, 17-6-16, 17-7-8, 17-7-12, 17-7-14, 17-7-17, 17-7-19, 17-8-12 to 17-8-14, inclusive, 17-8-21, 17-8-27, 17-8-32, 17-8-34 to 17-8-39, inclusive, 17-8-41, 17-8-42, 17-9-1 to 17-9-7, inclusive, 17-9-15 to 17-9-18, inclusive, 17-9-20 to 17-9-29, inclusive, 17-9-31, 17-9-32, 17-9-36 to 17-9-41, inclusive, 17-10-17, 17-10-18, 17-10-20, 17-10-25, 17-10-26, 17-13-3, 17-15-5, 17-16-16, 17-16-19, 17-16-21, 17-16-27 to 17-16-29, inclusive, 17-16-44, 17-16-47, 17-16-48, 17-16-50, 17-16-53 to 17-16-55, inclusive, 17-16-57, 17-22A-15 to 17-22A-17, inclusive, 17-22A-22, 17-23-1 to 17-23-8, inclusive, 17-23-10 to 17-23-12, inclusive, 17-24-1, 17-24-8 to 17-24-10, inclusive, of; repeals the headings of Articles 4, 5, 6, 7, 8, 9, and 10 of Chapter 4, Chapters 6, 10A, 11A, 16A, 18, 18A, 19, 21, 22A, 23, and 24, Articles 1, 2, and 3 of Chapter 15, and Articles 1 and 2 of Chapter 24 of Title 17 of the Code of Alabama 1975.

EFFECTIVE DATE: January 1, 2007.

Act 2006-571, HB5, adds Section 32-6-10 to the Code of Alabama 1975, relating to distinctive motor vehicle license plates or tags, to provide for the issuance of a new, distinctive "God Bless America" license plate as designed by the Department of Revenue.

EFFECTIVE DATE: October 1, 2006.

Act 2006-572, HB37, relates to criminal procedure and permits an alleged victim, or parent or guardian of a minor or incapacitated alleged victim, of rape, sodomy, or sexual misconduct to request sexually transmitted disease and HIV testing of the person charged with the offense. The act also provides for the confidentiality of test results, follow-up testing, and post-test counseling.

EFFECTIVE DATE: July 1, 2006.

Act 2006-573, HB170, amends Section 34-23-152, Code of Alabama 1975, relating to pharmacies, to delete the requirement that all surfaces in drug compounding areas, including walls, ceilings, and floors, be smooth.

EFFECTIVE DATE: April 25, 2006.

Act 2006-574, HB228, relates to a statewide sales and use tax holiday. The act exempts certain covered items from state sales and use tax during the period beginning at 12:01 a.m. on the first Friday in August and ending at 12 midnight the following Sunday, authorizes counties and municipalities, by resolution or ordinance, to provide for the same exemptions at the local level during the same period of time, and provides that the Commissioner of Revenue promulgate any necessary rules.

EFFECTIVE DATE: July 1, 2006.


Act 2006-575, HB541, increases the penalty for the crime of sexual abuse of a child less than 12 years old, involving sexual contact from a person 16 years of age or over, from a Class C felony to a Class B felony and makes conforming amendments to Section 13A-6-66, Code of Alabama 1975.

EFFECTIVE DATE: July 1, 2006.

Act 2006-576, HB640, amends Sections 16-53-1 to 16-53-4, inclusive, 16-53-6, 16-53-7, and 16-53-12, Code of Alabama 1975, relating to the University of West Alabama. The act exempts contracts or agreements for maintenance, repairs, and maintaining existing facilities from the requirement of board authorization and ratifies any acts of the university done prior to July 1, 2006. The act adds an additional at large member to the board of trustees, reduces the term of office of members from 12 to six years, provides that the Governor is the ex officio president instead of chair of the board, and removes the prohibition against the board meeting on a Monday that is a state holiday. The act provides for the election of the president of the university by the board and specifies his or her powers, including the power to employ police officers who may assist local authorities in the City of Livingston and Sumter County. The act also clarifies that the board retains control of all property transferred to the board by the State Board of Education on September 7, 1967, and repeals Sections 16-53-7.1, Code of Alabama 1975, relating to limits on the powers of the board of trustees, and Section 16-53-9, Code of Alabama 1975, relating to payment of expenses of members of the board.

EFFECTIVE DATE: July 1, 2006.

Act 2006-577, HB184, amends Section 40-2A-10, Code of Alabama 1975, relating to the confidentiality, disclosure, and exchange of tax returns and tax information, to clarify that the disclosure may be made when necessary for the proper administration of any matter administered by a county or municipality and specifically exempt the disclosure of the amount of local privilege license or franchise fees paid to counties and municipalities by any taxpayer possessing a franchise granted by the county or municipality.

EFFECTIVE DATE: April 25, 2006.

Act 2006-578, HB185, amends Section 40-9B-5, Code of Alabama 1975, relating to the Tax Incentive Reform Act of 1992, to provide that any county tax abatement granted by a municipality or municipal industrial authority for private use industrial property is not valid until the11th day following physical delivery of the resolution granting the abatement to the commission or the 14th day after the resolution granting the abatement is mailed to the county commission. The act also provides that the abatement is effective as of the date granted when procedures are properly followed.

EFFECTIVE DATE: April 25, 2006.

Act 2006-579, HB146, amends Sections 12-12-53, 12-12-54, 12-14-51, and 32-1-4, Code of Alabama 1975, relating to the issuance of a complaint and summons or notice to appear in court for persons arrested for misdemeanor traffic violations, to establish, define, and provide for the use of an electronic traffic ticket or e-ticket as an alternative method for issuing tickets and giving notice to appear in court.

EFFECTIVE DATE: July 1, 2006.

Act 2006-580, HB160, establishes the crime of home repair fraud as a Class A misdemeanor for the first conviction and as a Class C felony for any subsequent conviction. The act provides for the elements of the offense, for certain determinations of intent, knowledge, and substantial performance, and for monetary restitution for victims.

EFFECTIVE DATE: July 1, 2006.


Act 2006-581, HB202, creates the Alabama Coroner's Training Commission to establish and implement minimum levels of required training for newly elected or appointed county coroners in the state. The act provides for the membership and powers of the commission and minimum qualifications for the office of coroner. The act authorizes a coroner to appoint deputy coroners, with prior approval of the county commission, and specifies the powers of a deputy coroner. The act also exempts from the training doctors of medicine and doctors of osteopathy who are elected or appointed to serve as coroner or deputy coroner.

EFFECTIVE DATE: April 25, 2006.

Act 2006-582, HB302, amends Sections 9-15-38 and 41-16-123, Code of Alabama 1975, relating to the sale of property by the Department of Conservation and Natural Resources, to authorize the sale of timber from lands under the jurisdiction of the State Lands Division and increase from $25,000 to $50,000 the maximum dollar amount of damaged or diseased timber, as determined by the division, that may be sold from school lands, swamp and overflowed lands, or lands under the jurisdiction of the division or other timber that may be sold as necessary for rights-of-way, construction, or mining purposes. The act also exempts from disposal procedures for state surplus property the sale of timber cut for safety, maintenance, or construction purposes at state parks or state-owned public fishing lakes under the jurisdiction of the department.

EFFECTIVE DATE: July 1, 2006.

Act 2006-583, HB397, is the Inventory Reduction for Charitable Purposes Relief Act of 2006. The act amends Section 40-23-1, Code of Alabama 1975, to provide that a single gift from a retailer to a qualified charity, where the gift has an aggregate retail value equal to or less than $10,000 and is withdrawn from the inventory of the retailer, is not a transaction that is subject to state sales tax.

EFFECTIVE DATE: July 1, 2006.

Act 2006-584, HB654, amends Sections 24-2-2 and 24-3-2, Code of Alabama 1975, relating to municipal redevelopment projects and urban renewal projects, to further define blighted property and blighted areas and prohibit the exercise of the power of eminent domain to acquire property that is not blighted unless the owner of the property consents.

EFFECTIVE DATE: July 1, 2006.

Act 2006-585, HB661, establishes the crime of disrupting a funeral or a memorial service as a Class A misdemeanor for the first conviction and as a Class C felony for any subsequent conviction.

EFFECTIVE DATE: July 1, 2006.

Act 2006-586, HB754, is the Municipal Business License Reform Act of 2006. The act amends Sections 6-2-35, 11-51-90 to 11-51-93, inclusive, 11-51-95, 11-51-122, and 11-51-150 to 11-51-155, inclusive, Code of Alabama 1975, and adds Sections 11-51-90.1 and 11-51-90.2 and Division 5, consisting of Sections 11-51-186 to 11-51-196, to Article 2, Chapter 51, Title 11, Code of Alabama 1975. The act provides a statewide uniform system for the issuance and cost calculation of municipal business licenses, provides for the creation of a uniform business license application form, for a uniform definition of gross receipts and delivery license, and for a uniform system for the municipal business license audit process and a taxpayer's appeal of municipal business license assessments. The act provides for a uniform process for the filing of claims and for the payment of refunds and for uniform statutes of limitation for assessments and refunds that substantially conform with their counterparts for municipal sales and use taxes. The act also authorizes municipalities to lawfully exchange tax information related to business license taxpayers and provides delayed effective dates and transition rules.

EFFECTIVE DATE: License years beginning after December 31, 2007; an effective date of December 31, 2006, or December 31, 2008, may be elected by adoption of a municipal ordinance.

Act 2006-587, SB438, makes a supplemental appropriation of $1,912,236 from the State General Fund to the county district attorneys for the fiscal year ending September 30, 2006.

EFFECTIVE DATE: April 25, 2006.

Act 2006-589, SB153, adds Section 40-2A-11.1 to the Code of Alabama 1975, to establish civil penalties for unethical tax preparation conduct that is subject to penalties under federal law and to authorize the state, at the request of the Commissioner of Revenue, to commence a civil action against any unethical tax return preparer and to seek injunctive relief against tax return preparers and tax refund preparers who engage in unethical tax preparation conduct.

EFFECTIVE DATE: April 26, 2006.

Act 2006-590, SB365, amends Sections 34-29-61, 34-29-67, 34-29-69, 34-29-71, 34-29-72, 34-29-73, 34-29-75, 34-29-76, 34-29-77, 34-29-79, 34-29-91, and 34-29-94, Code of Alabama 1975, relating to the practice of veterinary medicine, to expand the definition of veterinary medicine to include the provision of medical service through telephonic, electronic, or other means and define supervising veterinarian, veterinarian-client-patient relationship, and wholesale veterinary drug distributor. The act increases the per diem of the board members from $100 to $200, clarifies that the jurisdiction of the board extends to non-licensed persons engaging in the unauthorized practice of veterinary medicine, expands the investigatory powers of the board to include subpoena power and inspections of any place used for the practice of veterinary medicine, and provides for the imposition of fines for the unauthorized practice of veterinary medicine. The act prohibits the renewal of a temporary license of an applicant who has not passed the American Veterinary Medical Association (AVMA) National Licensing Exam or the National Board Examination for Veterinarians or has failed any portion of the Alabama state board examination and provides the qualifications for a veterinary faculty license, requires an applicant for licensure to score at least a 70 percent on the AVMA approved national licensing examination, clarifies that practicing after the expiration of a license is a violation subject to suspension of licensure, authorizes the board to grant extensions or exemptions from continuing education requirements or extenuating circumstances, and requires that a veterinarian-client-patient relationship involving an actual examination must be established before veterinary medical services may be provided. The act also provides that graduates of veterinary technology programs not accredited by the AVMA may become eligible for licensure by satisfying the requirements of the AVMA and successfully passing the AVMA approved veterinary technician licensing examination.

EFFECTIVE DATE: July 1, 2006.

Act 2006-594, SB505, amends Section 36-32-7, Code of Alabama 1975, relating to the minimum standards for firefighters, to exempt fire prevention inspectors, fire protection engineers, public fire and life safety educators, public safety dispatchers, and any person whose duties are solely clerical or secretarial in nature employed as fire protection personnel by the firefighting agency of any Class 1 municipality from satisfying the minimum physical requirements as a trainee for firefighter as prescribed by the Firefighters’ Personnel Standards and Education Commission.

EFFECTIVE DATE: April 26, 2006.


Act 2006-596, HB139, amends Section 36-29-14, Code of Alabama 1975, relating to the State Employees' Insurance Board, to provide that Alabama State University, any fire or water cooperative, any railroad authority organized pursuant to Chapter 13, Title 37, Code of Alabama 1975, and any solid waste disposal authority organized pursuant to Chapter 89A, Title 11, Code of Alabama 1975, may elect to have its officers, members, employees, and retired employees become eligible for health insurance coverage under the board.

EFFECTIVE DATE: April 26, 2006.

Act 2006-597, HB472, authorizes a county commission to provide an increase in the compensation of the members of the county board of registrars without the enactment of local legislation.

EFFECTIVE DATE: July 1, 2006.

Act 2006-598, HB491, amends Section 34-13-51, Code of Alabama 1975, relating to the Alabama Board of Funeral Service, to remove the requirement that a licensee be a resident of Alabama for purposes of providing reciprocal licensing to funeral directors and funeral embalmers licensed in other states.

EFFECTIVE DATE: July 1, 2006.

Act 2006-599, HB533, designates the State Health Department as the lead agency for coordination with other state and local agencies in the development of emergency disaster shelters for individuals with medical needs, provides procedures for increasing awareness and including emergency disaster planning provisions in contracts for inpatient care, and declares that the functions performed under the act are governmental functions and subject to the same immunities as are provided for emergency management activities.

EFFECTIVE DATE: April 26, 2006.

Act 2006-600, HB538, establishes the Alabama Vehicle Protection Product Act to prevent loss of or damage to a vehicle from a specific cause that is included within a written warranty. The act defines and regulates vehicle protection product warranties and provides that sellers, warrantors, and administrators of vehicle protection products are excluded from complying with the state insurance laws. The act also requires warrantors to be insured under a warranty reimbursement insurance policy or to maintain a net worth or stockholders equity of at least $50,000,000 and imposes requirements and conditions on the content of policies and warranties.

EFFECTIVE DATE: January 1, 2007.

Act 2006-601, HB550, amends Sections 34-27-30 and 34-27-36, Code of Alabama 1975, relating to the Alabama Real Estate Commission, to prohibit any unlicensed person or entity from negotiating deals, for valuable consideration, relating to real estate situated within Alabama and authorize and provide due process procedures for the commission to order any accused person, firm, corporation, or business entity to cease and desist and to impose fines.

EFFECTIVE DATE: July 1, 2006.

Act 2006-602, HB564, amends Section 40-23-2, Code of Alabama 1975, relating to state sales tax exemptions, to exempt athletic events held by nonpublic primary and secondary schools.

EFFECTIVE DATE: July 1, 2006.


Act 2006-604, HB626, amends Sections 38-9B-2 to 38-9B-5, inclusive, Code of Alabama 1975, relating to the Alabama Family Trust, to remove the requirement that at least one of the donor, co-trustee, or life beneficiary be a resident of Alabama at the time of the first contribution to the trust for the life beneficiary and at least one maintain a residence in Alabama to preserve eligibility.

EFFECTIVE DATE: July 1, 2006.

Act 2006-605, HB634, provides civil immunity for volunteer coaches, managers, and officials participating in nonprofit, county, or municipal athletic leagues.

EFFECTIVE DATE: July 1, 2006.

Act 2006-607, HB425, amends Section 16-22-1, Code of Alabama 1975, to include Stillman College and Tuskegee University as educational institutions where the president or chief executive officer is authorized to appoint and employ persons to act as police officers.

EFFECTIVE DATE: July 1, 2006.

Act 2006-608, HB428, requires each funeral establishment to maintain an identification system approved by the Alabama Board of Funeral Service to identify each dead human body from the moment of possession by the establishment until transfer or final disposition.

EFFECTIVE DATE: July 1, 2006.

Act 2006-611, HB95, prohibits any state department, licensing or regulatory board, or agency from placing or otherwise revealing the Social Security number of a person on any document available for public inspection without the express consent of the person, with certain exceptions.

EFFECTIVE DATE: July 1, 2006.

Act 2006-612, HB463, adds Section 40-12-297 to the Code of Alabama 1975, to authorize owners of antique or historical vehicles to secure from a county license plate issuing official an optional registration of their vehicle upon furnishing an original Alabama license plate issued in the model year of the vehicle to the license plate issuing official who determines that the license plate is legible and otherwise qualifies. The act provides for the issuance of a vintage vehicle validation decal to be placed on the original license plate and for a registration receipt to be maintained inside the vehicle to indicate that the vehicle is properly registered in the state.

EFFECTIVE DATE: October 1, 2006.

Act 2006-613, HB466, amends Section 36-21-2, Code of Alabama 1975, relating to a subsistence allowance for designated state law enforcement officers, to include law enforcement officers employed by the State Port Authority on a phased-in basis.

EFFECTIVE DATE: July 1, 2006.

Act 2006-614, HB678, amends Section 27-15-12, Code of Alabama 1975, relating to life insurance policy premiums, to prohibit an increase in premium unless the policy or a document delivered with the policy contains a written provision notifying the consumer that the premium may be increased.

EFFECTIVE DATE: July 1, 2006.

Act 2006-615, HB680, exempts the Christian Service Centers of Covington Baptist Association, Incorporated, from the payment of all state, county, and municipal sales and use taxes.

EFFECTIVE DATE: July 1, 2006.


Act 2006-617, HB758, amends Section 22-21-29, Code of Alabama 1975, relating to the inspection of hospitals and other health care facilities by the State Board of Health, to prohibit the inspection or licensure of any hospice applying for licensure on or after July 7, 2006, unless all existing licensed hospices have been inspected within the previous 12 months. The act specifically exempts applicants that have obtained a letter of nonreviewability from SHPDA by July 7, 2006, and have filed an application for licensure within 12 months of the date of that letter.

EFFECTIVE DATE: July 1, 2006.

Act 2006-618, HB773, amends Sections 41-10-450, 41-10-456, 41-10-459, and 41-10-468, Code of Alabama 1975, relating to the Alabama Building Renovation Finance Authority, to authorize the authority to sell and issue its refunding bonds without limit as to principal amount for the purpose of refunding any bonds of the authority, specify conditions under which the refunding bonds may be issued, expand the authority of the authority to include surfacing and resurfacing of property for parking and other uses to produce revenue, and authorize the authority to sell and issue additional bonds in an aggregate principal amount not to exceed $30,000,000.

EFFECTIVE DATE: April 26, 2006.

Act 2006-619, HB781, adds Sections 13A-12-3.1 to 13A-12-3.7, inclusive, to the Code of Alabama 1975, to establish the category of delivery sales of cigarettes or retail cigarette sales where an order is placed by phone, facsimile, or the Internet or where cigarettes are delivered to the consumer through a delivery service and to provide penalties for violations.

EFFECTIVE DATE: April 26, 2006.

Act 2006-620, HB787, amends Sections 2-5-1, 2-5-7, and 2-5-13, Code of Alabama 1975, relating to the Farmers' Market Authority, to add fish products, including, but not limited to, farm-raised catfish, shellfish, and wild fish, to the farm products or agricultural commodities that may be processed, graded, packaged, displayed, and exhibited for marketing to the public.

EFFECTIVE DATE: July 1, 2006.

Act 2006-621, HB817, amends Section 41-16-50, Code of Alabama 1975, relating to competitive biding on public contracts, to authorize two or more city or county boards of education, subject to the competitive bid law, to enter into joint purchasing agreements for the purchase of labor, services, or work or for the purchase or lease of materials, equipment, supplies, or other personal property for use by the respective boards.

EFFECTIVE DATE: April 26, 2006.

Act 2006-622, HB824, provides that any holder of a commercial driver's license, operator of a commercial motor vehicle, or holder of a commercial driver learner permit who is charged with a violation of a traffic law in this state is not eligible for a deferred prosecution program, diversion program, or any deferred imposition of judgment program.

EFFECTIVE DATE: July1, 2006.

Act 2006-623, SB38, amends Section 32-5-222, Code of Alabama 1975, relating to child passenger restraints, to require the use of child passenger restraints, including infant and convertible seats until a child is at least five years old or weighs 40 pounds, booster seats until a child is six years old, and safety belts until a child is 15 years old, in all motor vehicles except taxis and vehicles with a seating capacity of 11 or more passengers. The act also increases the fine from $10 to $25 for each offense, provides that $15 of the fine be distributed to the Alabama Head Injury Foundation for the purchase of restraint systems for limited income families, and requires the Department of Public Safety to assess one point against a driver for a first offense and 2 points for any subsequent offense.

EFFECTIVE DATE: July 1, 2006.

Act 2006-624, HB442, amends Section 32-6-302, Code of Alabama 1975, relating to "Educator" and "Retired Educator" distinctive car tags, to authorize out-of-state and private school educators and retired educators who are participating in an education retirement pension program to purchase the tags and permit retired educators who do not move to another county to renew their tags each year without resubmitting proof of continued retirement.

EFFECTIVE DATE: July 1, 2006.

Act 2006-625, HB449, amends Section 36-27C-7, Code of Alabama 1975, relating to the Public Employees' Defined Contribution Savings Plan, to change the date by which the board of control determines the maximum amount of employer match contribution available for participants from July 1 to September 1, revise the allocation formula for contribution of the employer match, and provide that unexpended appropriated funds roll over and carry forward for distribution by the board in subsequent years.

EFFECTIVE DATE: April 26, 2006.

Act 2006-627, HB252, requires any public or private animal shelter or other animal welfare organization fostering or adopting animals to the public make provision for sterilization of all dogs and cats placed by the entity, requires written verification of sterilization of any dog or cat placed before sterilization, and provides that noncompliance is a misdemeanor.

EFFECTIVE DATE: July 1, 2006.

Act 2006-628, HB288, is the Structured Settlement Protection Act. The act provides for transfers of payment rights pursuant to a structured settlement or arrangement for the periodic payment of damages for personal injuries or sickness established by a settlement or judgment in resolution of a tort claim, excluding workers' compensation settlements. The act provides for the contents of a disclosure statement from a transferee to a payee, requires the approval of a court or responsible administrative authority before any structured settlement payment rights are effective, provides for the effects of transfer of structured settlement payment rights and the liability of those involved, and prescribes the procedure for approval of transfers of structured settlement payment rights.

EFFECTIVE DATE: July 1, 2006.

Act 2006-629, HB423, amends Section 32-6-150, Code of Alabama 1975, relating to motor vehicle distinctive tags, to authorize the issuance of distinctive tags for public two-year colleges.

EFFECTIVE DATE: July 1, 2006.

Act 2006-630, HB443, requires the Secretary of State to establish and annually update a central listing of all state boards, commissions, and task forces, including information on appointments and vacancies as provided by the chair or appointing authority of each board, and have the information available to the public electronically on the Secretary of State website and for viewing during regular business hours.

EFFECTIVE DATE: July 1, 2006.


Act 2006-631, HB527, amends Sections 5-17-41 and 5-17-50, Code of Alabama 1975, relating to the Alabama Credit Union Administration, to provide that the salary of the administrator be set by the Governor within a range established by the Credit Union Board and not exceed the salary range of the Superintendent of the State Banking Department. The act also authorizes the administrator, with the approval of the board, to appoint an assistant administrator pursuant to the State Merit System to exercise the duties of the administrator in his or her absence.

EFFECTIVE DATE: April 27, 2006.

Act 2006-632, HB566, exempts motor bus passenger carrier vehicles registered in this state from the payment of state, county, municipal, or other local ad valorem taxes, establishes a special motor bus passenger carrier business operating license, prescribes penalties for violations, and provides for the distribution of the revenue generated from the issuance to the general fund of the issuing county, the State General Fund, and the Education Trust Fund.

EFFECTIVE DATE: October 1, 2006.

Act 2006-633, HB731, amends Section 40-9B-3, Code of Alabama 1975, relating to the Tax Incentives Reform Act of 1992, to include within the definition of an industrial or research enterprise any underground natural gas storage facility which is located in the Gulf Opportunity Zone, developed from existing geologic reservoirs, including, without limitation, salt domes, and placed in service on or before December 31, 2013.

EFFECTIVE DATE: April 27, 2006.

Act 2006-634, HB51, amends Sections 17-16-1, 17-16-6, 17-16A-1, and 17-16A-3, Code of Alabama 1975, relating to the presidential preference primary election, to change the date of the presidential preference primary election to the first Tuesday in February beginning in the year 2008, include the separate and special presidential preference primary election in the definition of primary election, provide that the state will reimburse any county for conducting a presidential primary election, and change the qualification date to 90 days prior to the presidential preference primary election date.

EFFECTIVE DATE: July 1, 2006.

Act 2006-654, HB117, amends Section 32-5A-191, Code of Alabama 1975, relating to driving while under the influence of alcohol or a controlled substance, to require a court to consider any prior conviction, occurring within a five-year period, for driving under the influence of alcohol or drugs from this state, a municipality within this state, another state or territory, or a municipality of another state or territory when imposing the sentence of a person convicted of driving under the influence pursuant to this section.

EFFECTIVE DATE: April 28, 2006.

Act 2006-655, HB231, amends Section 40-28-2, Code of Alabama 1975, relating to the distribution of in-lieu-of-taxes payments made by the Tennessee Valley Authority, to provide that the percentage of payments transferred to T.V.A. served counties by the state for the fiscal year 2005-2006, and each fiscal year thereafter, shall be 78 percent, provide for the three percent increases generated after September 30, 2005, to be allocated by local legislation, and provide that when the level received by the State General Fund reaches $17,840,233, the state shall thereafter receive 17 percent of the total amount of the in-lieu-of-taxes payments.

EFFECTIVE DATE: July 1, 2006.