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House First Readings forthe 4th legislative day of the 2012 Regular Session

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House First Readings - 4

2012 Regular Session - February 14, 2012

th Legislative Day

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By Representative Love:

HB292

 


To make an appropriation of $8,813,585 from the Education Trust Fund to Tuskegee University in Tuskegee, Alabama To make an appropriation of $173,276 from the Education Trust Fund to Lyman Ward Military Academy in Camp Hill,

By Representative Love:

HB294

and for capital outlay for the fiscal year ending September 30, 2013.

COMMITTEE ON WAYS AND MEANS EDUCATION

To make appropriations for the support, maintenance and development of public education in Alabama, for debt service,

By Representative Love:

HB295

the support and maintenance of the educational program of the institution, for the fiscal year ending September 30, 2013; to

provide that the appropriation is subject to certain provisions of the Code of Alabama 1975; to require an operations plan and an

audited financial statement prior to the release of any funds; and to require an end of year report.

COMMITTEE ON WAYS AND MEANS EDUCATION

To make an appropriation of $582,997 from the Education Trust Fund to Talladega College in Talladega, Alabama for

By Representative Mask:

HB296

municipality.

COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT

To prohibit the spouse of the mayor of a municipality from serving as the city clerk, city treasurer, or finance officer of the

By Representative Johnson (R) (With Notice and Proof):

HB297

COMMITTEE ON LOCAL LEGISLATION

To alter, rearrange, and extend the boundary lines and corporate limits of the City of Sylacauga in Talladega County.

By Representative Johnson (R) (With Notice and Proof):

HB298

period of ten years or more of service, may receive without cost a retired badge and his or her service pistol.

COMMITTEE ON LOCAL LEGISLATION

Relating to Talladega County; providing that commissioned deputies of the sheriff's department, upon retirement after a

By Representative Hall:

HB299

per student in grades K-8, in fiscal year 2012-2013, to be used for hands-on science courses.

COMMITTEE ON WAYS AND MEANS EDUCATION

To provide an appropriation from the Education Trust Fund to each public school system, grades K-8, of five dollars ($5)

By Representative Hall:

HB300

fifteen dollars ($15) per student in grades 9 to 12, inclusive, in fiscal year 2012-2013, to be used for science courses.

COMMITTEE ON WAYS AND MEANS EDUCATION

-2-

To provide for an appropriation from the Education Trust Fund to each public school system, grades 9 to 12, inclusive, of

By Representative Hall:

HB301

controlled substances; to provide that money or proceeds from property forfeited for violation of the controlled or counterfeit

substances laws of this state would be applied to the delinquent child support obligation of the defendant from whom the money

or the property was seized.

COMMITTEE ON STATE GOVERNMENT

To amend Section 20-2-93 of the Code of Alabama 1975, relating to forfeitures and seizures of property relating to

By Representative Newton (D) (Constitutional Amendment):

HB302

those counties in the state, the qualified electors of which approve the same in a referendum held as provided therein, in respect

of the areas of economic development, public safety and health, taxation, and land use regulation and control, subject to the

provision of such general laws as the Legislature may enact providing for the exercise of the optional supplemental county

governmental powers.

COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT

Proposing an amendment to the Constitution of Alabama of 1901, that would provide for limited optional home rule for

By Representative Hill:

HB303

punishment options for parole revocations that are not based on the commission of a new crime; and to provide for retroactive

application to an individual whose parole was revoked due to a technical violation prior to the effective date of this act.

COMMITTEE ON PUBLIC SAFETY AND HOMELAND SECURITY

To amend Section 15-22-32 of the Code of Alabama 1975, relating to the revocation of parole; to provide for alternative

By Representatives Ford and Galliher:

HB304

aggregate principal amount of additional bonds for capital improvements for the support of public education; to provide funds for

capital improvements for the K-12 public schools; to provide funds for capital improvements for training workers for new and

existing industries; to authorize the authority to reimburse the Department of Finance, and the State Treasurer's office for costs

incurred in providing services for the authority; to authorize the authority to provide for the details of the bonds and the sale and

issuance thereof; to make an appropriation and pledge for payment of the principal and interest on the bonds from specific taxes

necessary to pay the principal and interest at their respective maturities and authorize the authority to pledge for payment of the

principal and interest on the bonds the funds that are appropriated and pledged; to provide for the investment of funds by the

State Treasurer; to provide that the bonds shall not constitute a debt of the state but shall be limited obligations payable out of

the funds appropriated and pledged therefor; to provide that the bonds and income therefrom shall be exempt from all taxation in

this state and that the bonds may be used to secure deposits of funds of this state and its political subdivisions, instrumentalities,

and agencies and for investment of fiduciary funds; to authorize the authority to establish procedures and requirements to

ensure compliance with the tax covenants with which the authority must comply; to exempt the bonds from the usury laws of the

state; to authorize the authority to issue refunding bonds and give the details of such refunding; to provide for the employment of

attorneys, fiscal advisors, trustees, paying agents, investment bankers, banks, and underwriters and for the payment of all

expenses incurred in the issuance of the bonds; to provide that after payment of the expenses of the issuance of the bonds the

proceeds from the sale thereof shall be disbursed on order or warrants issued by or under the direction of the authority for the

purposes for which the bonds are authorized to be issued; to provide for the timely expenditure of the proceeds from the sale of

the bonds; to provide for use of amounts repaid to the authority by local boards of education and to provide that if any portion of

this act should be held invalid such holding shall not affect the validity of any other portion thereof; and to require all projects

using bond proceeds to have all equipping of building to be supervised by the State Building Commission and to provide for the

payments of its reasonable cost in reviewing contract documents and supervising and inspecting the work.

COMMITTEE ON WAYS AND MEANS EDUCATION

To authorize the Alabama Public School and College Authority to sell and issue fifty million dollars ($50,000,000) in

By Representative Laird:

HB305

elected public official.

COMMITTEE ON STATE GOVERNMENT

Relating to public employees; to provide that a public employee shall not be prohibited from communicating with an

By Representatives Drake, McClendon, Carns, Nordgren, Treadaway, DeMarco, Farley, Weaver, Gaston, Williams (J),

McClurkin, Shiver, Mask and Merrill:

HB306

directly connected to any sewer system owned or operated by the county.

COMMITTEE ON COUNTY AND MUNICIPAL GOVERNMENT

To prohibit any county from levying or collecting a fee or charge for sewer service on any person, entity, or property not

By Representative Johnson (R):

HB307

prescription would be exempt from any state, county, and municipal sales and use taxes; and to provide for retroactive

applications under certain conditions.

COMMITTEE ON WAYS AND MEANS EDUCATION

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To specify that the sale of insulin, insulin syringes, and related items to treat diabetes purchased pursuant to a valid

By Representatives Johnson (R) and DeMarco:

HB308

Alabama 1975, relating to concussions and head injuries; to require each local board of education to develop guidelines and

other pertinent information regarding medical evaluation of concussions or head injuries; and to require a youth athlete who has

been removed from a practice or an athletic game because of a concussion be withheld from practice for or participation in

athletic games for seven days from the date of removal.

COMMITTEE ON EDUCATION POLICY

To amend Section 2 of Act 2011-541 of the 2011 Regular Session, now appearing as Section 22-11E-2 of the Code of

By Representatives Rogers, Moore (M), Howard, Robinson (O), Scott, Payne, Johnson (R), Laird, Bridges and

McClendon:

HB309

attend church services at the request of the church's pastor or church leader.

COMMITTEE ON PUBLIC SAFETY AND HOMELAND SECURITY

Relating to the Department of Corrections; to allow inmates participating in community-based sentencing programs to

By Representatives Melton, England and Colston:

HB310

day waiting period before a final judgment of divorce could be entered if there are minor children resulting from the marriage of

the parties to the divorce; to require certain divorcing parents to participate in certain education classes that focus on the effect

of divorce and separation on children; to provide for the types of persons who can provide the education; to provide for

exceptions to the education classes; to require a waiting period of 90 days before a final judgment of divorce could be entered

where there are no minor children resulting from the marriage of the parties to the divorce; to provide that if the court finds that

one or both of the parties has committed domestic violence or child abuse it may enter a final judgment of divorce after the

expiration of 30 days from the filing of the summons and complaint; to require the party requesting a divorce to submit a family

plan regarding any child born to the marriage; and to provide for the rights of the parent who does not have physical custody of a

child born to the marriage unless the parent has been convicted of domestic violence or child abuse.

COMMITTEE ON JUDICIARY

To amend Section 30-2-8.1, Code of Alabama 1975, relating to divorce; to provide legislative findings; to require a 180-

By Representative Melton (Constitutional Amendment):

HB311

qualified electors to petition for the recall of incumbent elected officers.

COMMITTEE ON CONSTITUTION, CAMPAIGNS AND ELECTIONS

Relating to elections; to propose an amendment to the Constitution of Alabama of 1901, to provide a procedure for

By Representatives Melton, England and Colston:

HB312

COMMITTEE ON COMMERCE AND SMALL BUSINESS

Prohibiting the outsourcing of work to be performed on certain public contracts.

By Representatives Beckman, Colston, Mask and Wren (With Notice and Proof):

HB313

County to remove certain property from the corporate limits of the city.

COMMITTEE ON LOCAL LEGISLATION

To alter and rearrange the boundary lines and corporate limits of the City of Prattville in Autauga County and Elmore

By Representatives Oden, Buttram and Henry (Constitutional Amendment):

HB314

section and school lands located in Cullman County, and held in trust by the state for education purposes in the county, to the

Cullman County Board of Education; to authorize the Cullman County Board of Education to manage, sell, lease, and control

those lands and any timber, minerals, or other natural resources of the land; and to provide for the distribution of any proceeds

and interest generated by the properties.

COMMITTEE ON LOCAL LEGISLATION

To propose an amendment to the Constitution of Alabama of 1901, pertaining only to Cullman County, to grant sixteenth

By Representative Ball:

HB315

amend certain definitions.

COMMITTEE ON FINANCIAL SERVICES

To amend Section 41-14A-2 of the Code of Alabama 1975, the Security for Alabama Funds Enhancement (SAFE) Act, to

By Representatives Wood, Bridges and Laird:

HB316

certified potable water single family dwelling fire protection sprinkler contractors; and for such purposes, to amend Sections 34-

33-1, 34-33-2, 34-33-3, 34-33-4, and 34-33-5, Code of Alabama 1975.

COMMITTEE ON PUBLIC SAFETY AND HOMELAND SECURITY

Relating to fire protection and fire protection sprinkler systems; to allow the State Fire Marshal to issue permits to

By Representative Wood:

HB317

system and adopt rules to implement the alert system; to give the department certain authority; to require a law enforcement

agency participating in the alert system to meet certain conditions; and to limit the liability of an entity or individual involved in the

dissemination of an alert generated through the alert system.

COMMITTEE ON PUBLIC SAFETY AND HOMELAND SECURITY

-4-

To create the Blue Alert system; to give the Director of the Department of Public Safety the authority to oversee the alert

By Representative Newton (C):

HB318

products; to include the removal of timber or forest products by deception as an unlawful act subject to the existing criminal

penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of

local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of

the Official Recompilation of the Constitution of Alabama of 1901, as amended.

COMMITTEE ON AGRICULTURE AND FORESTRY

To amend Section 9-13-60, Code of Alabama 1975, providing criminal violations relating to timber or other forest

By Representative Wood:

HB319

Alabama 1975, relating to election expenses; to revise the election expenses of a county for which reimbursement is made and

to alter the makeup and functions of the Election Expense Reimbursement Committee.

COMMITTEE ON CONSTITUTION, CAMPAIGNS AND ELECTIONS

To amend Sections 17-16-2 and 17-16-2.1, as amended by Act 2011-147 of the 2011 Regular Session, of the Code of

By Representative McClammy:

HB320

competitive bid law requirements and to provide for each small business certified under the HUBZone program to receive from

the state any benefit which the federal government offers to such business if the state grants such a benefit to other businesses.

COMMITTEE ON STATE GOVERNMENT

To amend Section 41-16-20 of the Code of Alabama 1975, to provide further for certain preferred vendors under the

By Representatives Williams (J) and Hill:

HB321

dietary supplements, to specify that the exemption applies when the health care items are used, sold, furnished, dispensed, or

prescribed by certain licensed health care providers.

COMMITTEE ON WAYS AND MEANS EDUCATION

To amend Section 40-9-27 of the Code of Alabama 1975, relating to the sales tax exemption for vitamins, minerals, and

By Representatives Boman and Givan:

HB322

spincast, broadcast, or container feeder; to prescribe the fees for each permit; and to prescribe penalties for violation of the act;

to supersede Sections 9-11-244 and 9-11-245, Code of Alabama 1975, for any activity in compliance with this act; and in

connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within

the meaning of Amendment 621 of the Constitution of Alabama of 1901.

COMMITTEE ON AGRICULTURE AND FORESTRY

To provide for the feeding of game by spincast, broadcast, or any container feeders; to require a permit for each

By Representatives McMillan, Hill, Fincher, Ison, McClurkin, Buskey and Kennedy:

HB323

investigate suspected insurance fraud; to provide for confidentiality of information and files; to create the Insurance Fraud Unit

within the department; to provide for assessments on insurer, to establish the Insurance Fraud Unit Fund, and to make

appropriations from the fund for the fiscal years ending September 30, 2011, and September 30, 2012, for the operation of the

Insurance Fraud Unit; to provide certain immunity from civil liability for certain persons reporting and investigating suspected

insurance fraud; to provide civil and criminal penalties; to authorize the Commissioner of Insurance to promulgate rules

necessary to implement and administer this act; for this purpose to amend Section 10A-20-6.16, Code of Alabama 1975, relating

to health care service plans, and Section 27-21A-23, Code of Alabama 1975, relating to health maintenance organizations; and

in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds

within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official

Recompilation of the Constitution of Alabama of 1901, as amended.

COMMITTEE ON INSURANCE

Relating to the Department of Insurance; to define insurance fraud; to authorize the department to oversee and

By Representatives Collins, Nordgren, Henry, Ison, McClurkin and Coleman:

HB324

connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within

the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official

Recompilation of the Constitution of Alabama of 1901, as amended.

COMMITTEE ON PUBLIC SAFETY AND HOMELAND SECURITY

Relating to criminal surveillance; to create the crime of aggravated criminal surveillance; to provide penalties; and in

By Representatives Collins, Moore (B), Sessions, Ison and Nordgren:

HB325

opened on the premises of an Alcoholic Beverage Control Board licensee to be removed from the premises by the purchaser

provided the bottle of wine is resealed.

COMMITTEE ON ECONOMIC DEVELOPMENT AND TOURISM

-5-

To add Section 28-3A-20.1 to the Code of Alabama 1975, to authorize a bottle of wine that has been purchased and

By Representative Oden (Constitutional Amendment):

HB326

education to be appointed by their boards of education; and repealing conflicting laws.

COMMITTEE ON EDUCATION POLICY

Proposing an amendment to the Constitution of Alabama of 1901, requiring all county and city superintendents of

By Representatives Fincher and Shiver:

HB327

any information appearing on beverage labels, packages, or containers related to product information; to prohibit storing,

transporting, holding for sale, or selling any beverage product that bears a labeling that has been obscured, removed, or

otherwise rendered illegible; to provide for penalties for violations of Section 20-1-27, Code of Alabama 1975; and in connection

therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the

meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official

Recompilation of the Constitution of Alabama of 1901, as amended.

COMMITTEE ON AGRICULTURE AND FORESTRY

To amend Sections 20-1-5 and 20-1-27, Code of Alabama 1975, to prohibit obscuring, removing, or rendering illegible

By Representatives Fincher, Boothe, Sessions, Williams (P), McCampbell, Laird, Tuggle and Beech:

HB328

Revenue Code for irrigation equipment and to provide for an income tax credit of up to $10,000 for the purchase and installation

of irrigation systems or the development of irrigation reservoirs and water wells.

COMMITTEE ON WAYS AND MEANS EDUCATION

To further provide for the expense allowance provided to Alabama income taxpayers under Section 179 of the Internal

By Representatives Hill and Bridges:

HB329

the Code of Alabama 1975, relating to the State Employees Injury Compensation Program, to provide that members of the

Alabama National Guard and Alabama State Defense Force who suffer personal injury as a direct result of active military service

for the state would be covered by the program; to authorize the Military Department to pay medical expenses for members of the

National Guard or Alabama State Defense Force who become ill during active military service or have minor injuries as a direct

result of active military service for the state not covered by the State Employees Injury Compensation Program; and to repeal

Section 31-2-85 of the Code of Alabama 1975, providing compensation for injury, disability, or death of a member of the

Alabama National Guard or Alabama State Defense Force.

COMMITTEE ON STATE GOVERNMENT

Relating to the State Military Department and members of the Alabama National Guard; to amend Section 36-29A-1 of

By Representatives Sessions, Fincher, Williams (P), Clouse, Shiver, Merrill, Love, Ison, McClurkin, Ball, Wood, Weaver,

Greer, Sanderford, Patterson, Davis, Johnson (W), Beech, Barton, Johnson (K) and Henry:

HB330

of water who have complied with or obtained an exemption from the regulations established by the Alabama Department of

Environmental Management.

COMMITTEE ON JUDICIARY

Relating to suppliers of water; to add a new section to the Code of Alabama 1975, to provide civil immunity to suppliers

By Representative Carns:

HB331

transactions.

COMMITTEE ON COMMERCE AND SMALL BUSINESS

Relating to corporations; to amend Section 10A-2-11.02 of the Code of Alabama 1975, to provide for share exchange

By Representatives Williams (J), Carns, Hammon, Clouse, Lee, Davis, McMillan, Jones, Merrill, Moore (B), Collins,

Henry, Ball, Fincher, McClurkin, Ison, Love, Weaver, Greer, Wood and Hubbard (M):

HB332

surveyor, or a registered architect; to require a plaintiff in such an action to provide a certificate of merit affidavit of a third-party

licensed professional engineer, licensed professional land surveyor, or a registered architect that sets out at least one alleged

negligent act, error, or omission by the defendant.

COMMITTEE ON COMMERCE AND SMALL BUSINESS

Relating to a civil action alleging negligence against a licensed professional engineer, licensed professional land

By Representatives Williams (J), Carns, Hammon, McClendon, Davis, Beckman, Moore (B), Merrill, Collins, Henry, Ball,

Barton, Love, Sanderford, Weaver, Wood and Hubbard (M):

HB333

prevailing wage provisions in contracts.

COMMITTEE ON COMMERCE AND SMALL BUSINESS

Relating to state contracts; to prevent the state or any political subdivision of the state from using the Davis-Bacon

By Representatives Williams (J), Carns, Hammon, McClendon, Davis, McMillan, Moore (B), Merrill, Henry, Ball, Barton,

McClurkin, Love, Sanderford, Weaver, Wood and Hubbard (M):

HB334

to prohibit public agencies from entering into certain contracts; to prohibit certain terms in certain documents; to prohibit public

agencies from making certain awards; to prohibit certain persons from placing certain terms in certain documents; and to provide

exemptions.

COMMITTEE ON STATE GOVERNMENT

-6-

Relating to public buildings and public works; to create the Fair and Open Competition in Governmental Construction Act;

By Representative Merrill:

HB335

Code of Alabama 1975, relating to the Alabama Fire College; to clarify the existence of the college as an independent institution

of postsecondary education under the supervision and control of the Alabama Firefighters' Personnel Standards and Education

Commission; to revise the membership of the commission; to provide for the duties of the commission; and to establish a Joint

Legislative Oversight Committee of the Alabama Firefighters' Personnel Standards and Education Commission.

COMMITTEE ON EDUCATION POLICY

To amend Sections 36-32-1, 36-32-2, 36-32-3, and 36-32-5, Code of Alabama 1975, and to add Section 36-32-13 to the

By Representative Black:

HB336

certain requirements may receive a veteran's driver's license.

COMMITTEE ON PUBLIC SAFETY AND HOMELAND SECURITY

To add Section 32-6-1.2 to the Code of Alabama 1975, relating to driver's licenses; to provide that a veteran who meets


for the support and maintenance of the educational program of the institution, for the fiscal year ending September 30, 2013; to

provide that the appropriation is subject to certain provisions of the Code of Alabama 1975; to require an operations plan and an

audited financial statement prior to the release of any funds; and to require an end of year report.

COMMITTEE ON WAYS AND MEANS EDUCATION

By Representative Love:

HB293

Alabama for the support and maintenance of the educational program of the institution, for the fiscal year ending September 30,

2013; to provide that the appropriation is subject to certain provisions of the Code of Alabama 1975; to require an operations

plan and an audited financial statement prior to the release of any funds; and to require an end of year report.

COMMITTEE ON WAYS AND MEANS EDUCATION

 

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