ACCA Bills Enacted in 2014

  • Published: April 15, 2014
  • COMPLETE LINKS 
    Final Legislative Report 2014 | 
    ACCA Bills | Other Bills of Interest | Monitored Bills | Local Bills

    Public Safety Communication
    Act 2014-239 (HB 54 by Rep. Randy Wood and Sen. Greg Reed)
    This act creates the crime of interfering with public safety communication, defined in the act as any radio signal, electronic transmission, telephone communication, or broadcast intended for emergency personnel acting in an official capacity. The law specifically includes 9-1-1 personnel and equipment. Under the new act, it will be a Class C felony to knowingly or intentionally damage, tamper with, destroy, or render inoperable such communication.

    This bill was signed by the governor early in the session. Many thanks to Rep. Wood and Sen. Reed for pushing this legislation through before things stacked up in both houses of the Legislature.

    The law takes effect June 1, 2014.

     

    State Refund Tax Offset
    Act 2014-321 (HB 82 by Rep. Steve Clouse and Sen. Jerry Fielding)
    This act will allow the county commission and other local governmental entities to offset a person’s state income tax refund for payment of debts due to the local government such as delinquent solid waste fees or unpaid local taxes and fees. Other states with similar programs report that this process has been extremely successful in helping counties to collect unpaid debts. The act requires that debts be submitted to the Alabama Department of Revenue (ADOR) through ACCA or an entity established by ACCA. Counties will be hearing more from ACCA about how this new process will work in the next few weeks as the goal is to have a working program in place to offset refunds for tax returns filed in 2015 for the 2014 tax year.

    Rep. Clouse and Sen. Fielding worked very hard on this important legislation for the last two years. We appreciate their efforts and determination in making this important bill a law that will benefit all local governments.

    The law takes effect July 1, 2014.

     

    Business Personal Property Taxes
    Act 2014-415 (HB 108 by Rep. Greg Wren and Sen. Slade Blackwell)
    This act is designed to streamline the business personal property taxation process by establishing an online system and a short form for filing personal property tax returns where the total value of personal property is less than $10,000. This new process will significantly reduce existing problems in filing business personal property tax forms and likely increase compliance and revenues generated from the tax. The passage of this bill was a joint effort of the business community, county government, and ADOR. The law requires ADOR to create the short form for filing prior to Oct. 1, 2014, for use in the fiscal year beginning on that date. The law also requires ADOR to set up the online filing system no later than Sept. 30, 2016, and creates a committee to provide advice on development of the system. County government will be well represented on this committee with one county commissioner and one probate judge/chair serving along with four local tax officials.

    Many thanks to former Rep. Wren and Sen. Blackwell for assisting with this legislation – and to the leadership in the House and Senate for making this priority legislation for passage in 2014.

    The law takes effect July 1, 2014.


    Local Government Health Insurance Program
    Act 2014-401 (HB 136 by Rep. Mac McCutcheon and Sen. Arthur Orr)
    This act creates a separate governing board for the Local Government Health Insurance Program. Although the local health insurance program has always been administered separately from the State Employees Health Insurance Program, and it is funded entirely by local governments and their employees, the program is currently governed by the State’s board with no voting representation from local entities. This new law will ensure that decisions related to the health insurance program administered for locals is also governed by representatives elected or appointed by local entities. There will be three county representatives on the board appointed by ACCA, and there will be a county or municipal employee elected by full-time county and municipal employees. This legislation was strongly supported by the State Employees’ Health Insurance Program, whose staff will continue to administer the local program without substantive change.

    The Association extends great thanks to Rep. McCutcheon and Rep. Hill for passing this bill through the House and to Sen. Orr for handling the bill when it reached the Senate. This new law will be very beneficial to all local entities as important decision on coverage must be made in line with the new federal law. Their dedication in ensuring its passage is greatly appreciated.

    This law took effect April 9, 2014. The transfer of governance and oversight of the local program to the new local board begins Oct. 1, 2015.

     

    State EMA Property Donation
    Act 2014-72 (SB 149 by Sen. Gerald Allen and Rep. Randall Shedd)
    This act allows the Alabama Emergency Management Agency (AEMA) to offer a local emergency management agency any used or obsolete equipment, supplies or material through sale, gift, grant or loan. The property must be utilized for purposes of emergency management, but unless specifically provided otherwise at the time of the transfer to the local agency, the property may be disposed of as determined by the local governing body. Any loaned property shall be returned to AEMA as determined by the state agency.

    Many thanks to the sponsors, Sen. Allen and Rep. Shedd, and to AEMA for taking the lead on this legislation designed to make it easier for the state agency to provide counties with available equipment.

    This law took effect Feb. 25, 2014.


    Collection of 9-1-1 Fees
    Act 2014-431 (SB 317 by Sen. Del Marsh and Rep. Jack Williams)
    This act clarifies that the 9-1-1 fee shall be collected on “Lifeline” cellular phones and codifies the existing administrative rule on how to determine the number of lines assessed the 9-1-1 fee at each business location. This bill was initially considered a “danger” bill because of proposed changes to the statewide 9-1-1 board makeup and a provision that would have reduced the number of lines charged the fee at each location. However, negotiations among ACCA staff, AAND members, and the telecommunication companies that collect the 9-1-1 fee resulted in very positive changes which should generate additional revenues that will keep the fee charged to phone users as low as possible.

    Much appreciation is extended to Sen. Marsh for leading the negotiations resulting in this compromise bill supported by all affected groups. Thanks are also extended to Rep. Jack Williams for ensuring passage of this measure during the closing days of the session.

    This law took effect April 10, 2014.

     

    Annual Tax Levy
    Act 2014-433 (SB 400 by Sen. Paul Bussman and Rep. Bill Roberts)
    This act, one of the final bills passed during the 2014 legislative session, amends antiquated current law requiring the county commission to set the ad valorem tax levy each year at its first meeting in February. Under the new law, each county commission will be required to set the tax levy at its first meeting in February 2015, which will then remain in place until and unless there is a change in the tax rate requiring an adjustment by the county commission in the annual levy. The law also ratifies all prior tax levies regardless of whether they were set at the first meeting in February. Passage of this important measure should help to resolve pending and threatened lawsuits against county commissions for failing to set the levy at their first February meeting.

    Much appreciation is extended to Sen. Bussman and Rep. Roberts for making passage of this bill a high priority, even though introduced somewhat late in the session. Appreciation is also extended to the leadership in the House and Senate for not adjourning on the final day of the session until this important bill was passed.

    The new law took effect April 10, 2014.