Update 4 on the 2016 Alabama Legislature’s current session
Here is a summary of major new laws passed by the current session of the Alabama legislature:
Alabama Act 2016-201: This law is to be known as the University Authority Act. It authorizes public universities operating schools of medicine to form a new type of public corporation called an “authority.” Authorities can acquire or construct healthcare facilities and otherwise manage them.
Alabama Act 2016-202: This act amends Alabama Code § 41-9-243 about the Alabama Historical Commission to require a member from the Alabama Black Heritage Council and from the Tennessee Valley Authority service area.
Alabama Act 2016-203: This act gives the Alabama Commissioner of Labor a new title: Alabama Secretary of Labor. The new secretary of labor heads the Alabama Department of Labor.
Alabama Act 2016-205: This act allows the city of Madison to abate excessive grass and weeds. Owners must first be given notice to abate the grass and weeds within 14 days. If the owner fails to do so, the city may abate the grass and weeds and a lien may be placed on the property.
Alabama Act 2016-222: This act amends Alabama Code § 35-8B-1 (and following) that deals with community development districts and allows for the creation of commercial community development districts.
Alabama Act 2016-247: This act amends Alabama Code § 41-9-410 that creates the Alabama Women’s Commission. The act allows for the governor to appoint three at-large members instead of two.
Alabama Act 2016-255: This act establishes the Alabama Health Food Financing Initiative Study Commission, which is to study and report to the legislature about health food businesses.
Alabama Act 2016-256: This act amends Alabama Code § 41-22-22.1 that requires the Alabama Legislative Reference Service to review rules and regulations issued by state boards and commissions to determine whether the rules and regulations lessen competition. The act addresses situations when the membership of a board or commission has a controlling number of members who participate in the profession governed by the board or commission.
Alabama Act 2016-257: This act amends Alabama Code § 23-1-40 to authorize the Alabama Department of Transportation to enter into various types of construction agreements and financing agreements for construction of public roads, bridges, tunnels, and related work.
Alabama Act 2016-259: This act amends Alabama Code § 16-38A-1 (and following) that creates the Alabama Impaired Drivers Trust Fund. It changes the name of the fund to the Alabama Head and Spinal Cord Injury Trust Fund.
Alabama Act 2016-260: This act increases the amount of the bid guarantee required to be filed under certain conditions by a bidder on public works projects when the Department of Transportation is the awarding authority. Formerly, the amount was $10,000, but the act changes it to $50,000.
Alabama Act 2016-265: This act amends Alabama Code § 34-13-1 that creates the Alabama Board of Funeral Service and deletes the sale of funeral merchandise or funeral supplies from the definition of “funeral directing” and “funeral director.”
Alabama Act 2016-267: This act proposes an amendment to the 1901 Alabama Constitution related to the Major 21st Century Manufacturing Zone Act. The amendment would permit cities and counties, regardless of other constitutional provisions, to use revenue from tax increment districts to encourage and improve various types of manufacturing facilities located in a zone created by the Major 21st Century Manufacturing Zone Act.
Alabama Act 2016-268: This act legalizes the limited use of nonpsychoactive cannabidiol (CBD) for debilitating conditions that cause seizures and for which the person is being treated. This bill is not a generalized legalization of medical marijuana.
Alabama Act 2016-272: This act proposes a constitutional amendment for Madison County that revises the term of office of circuit judges or district judges appointed to fill a vacancy so that the term corresponds to the general provisions of Section 153 of Alabama’s 1901 Constitution. Currently, the constitution provides that an appointed circuit or district judge (appointed for Madison County) shall hold office until the next general election, at which time an election for that position will be held. This provision is changed so that an appointed judge serves a term as provided by Section 153. Section 153 provides that the judges shall be appointed and serve as the legislature provides by law.
Alabama Act 2016-276: This act changes the number of members of water works boards. Two members of such boards will be appointed by the mayor of the municipality that authorized the creation of the water works. Four will be appointed by the municipal governing authority (such as a city council) of that same municipality. All members must be residents of the authorizing municipality and water customers of the board.
Alabama Act 2016-278: This act amends Alabama Code § 5-5A-44 that governs the acquisitions and control of state banks. Currently, only a person who would directly control a majority of the voting securities must file an application with the State Banking Department. The act now requires not only individuals, but also groups of people or organizations to file an application. The law has also been broadened to include both direct and indirect control of a bank.