HB392
175122-1:n:03/03/2016:FC/th LRS2016-857 HB392 By Representative Fridy RFD State Government
Rd 1 15-MAR-16 SYNOPSIS: Under existing law, property may be acquired by the state or another
governmental entity through an eminent domain proceeding. However, if an owner of property
alleges that the property was taken or injured without initiating an eminent domain proceeding
and the property owner discovers the encroachment, the owner may file an inverse condemnation
action. Under existing law, there is no specific statute of limitations for the filing of
an inverse condemnation action against a state official. This bill would require an inverse
condemnation action to be commenced within two years after the property was appropriated for
public use. A BILL TO BE ENTITLED AN ACT Relating to the statute of limitations for inverse
condemnation actions against the state; to amend Section 6-2-38, Code of Alabama 1975, to
provide that actions for inverse condemnation must be commenced within two...
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HB7
Rep(s). By Representative Hill (M) HB7 ENROLLED, An Act, To amend Section 8-32-2 of the Code
of Alabama 1975, relating to service contracts; to define the term "road hazard"
and to specify the damages caused by a road hazard that would be covered by a service contract.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 8-32-2 of the Code of Alabama
1975, is amended to read as follows: §8-32-2. "As used in this chapter, the following
terms shall have the following meanings: "(1) ADMINISTRATOR. The person designated by
a provider to be responsible for the administration of service contracts or the service contracts
plan or to make the filings required by this chapter. "(2) COMMISSIONER. The Commissioner
of Insurance of this state. "(3) CONSUMER. A natural person who buys, primarily for personal,
family, or household purposes, and not for resale, any tangible personal property normally
used for personal, family, or household purposes and not for commercial or research...
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SB259
SB259 By Senators Coleman-Madison, Orr, Marsh, Dial, Smitherman, Beasley, Ross, Melson, Holtzclaw
and Waggoner ENROLLED, An Act, Relating to motor vehicles; to amend Sections 32-5A-195, 32-5A-304,
32-6-49.11, and 32-6-49.14, Code of Alabama 1975, to reduce the number of days in which a
court must forward to the Alabama Law Enforcement Agency a record of conviction of certain
traffic offenses; to revise the penalties for persons operating commercial vehicles who are
convicted of specified offenses relating to railroad-highway grade crossings; to reduce the
number of days in which the agency must notify the driver's license issuing authority in the
licensing state of a nonresident who is convicted of certain commercial vehicle traffic offenses;
to require retention of certain information on a person's driving record under certain conditions;
and to make other technical, non-substantive changes. BE IT ENACTED BY THE LEGISLATURE OF
ALABAMA:Section 1. Sections 32-5A-195, 32-5A-304,...
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HB290
173333-1:n:02/01/2016:JET/mfc LRS2016-319 HB290 By Representative Rowe RFD Military and Veterans
Affairs Rd 1 24-FEB-16 SYNOPSIS: Under existing law, criminal penalties are provided for receiving
certain remuneration for certain referrals for Medicaid payments or in return for purchasing,
leasing, ordering, or arranging certain goods or services to be paid by Medicaid. This bill
would provide that a person must knowingly engage in the prohibited conduct in order to be
subject to the criminal penalties, would provide that the criminal penalties do not apply
to certain safe harbor exceptions included in federal law, would define a person to include
a corporation or other business entity, and would provide for a six-year statute of limitations
for prosecution of the offenses. 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, prohibits a general law whose purpose or effect...
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SB152
173449-1:n:02/03/2016:FC/mfc LRS2016-366 SB152 By Senator Sanders RFD Judiciary Rd 1 09-FEB-16
SYNOPSIS: Under existing law, a person who commits a capital offense may be sentenced to death
or life without parole. This bill would repeal the death penalty. A BILL TO BE ENTITLED AN
ACT To amend Sections 13A-5-39, 13A-5-43, 13A-5-44, and 15-18-100, Code of Alabama 1975, relating
to the death penalty; to remove death as a potential punishment for commission of a capital
offense; to remove provisions relating to sentencing and the sentencing hearing; and to repeal
Sections 13A-5-45, 13A-5-46, 13A-5-47, 13A-5-48, 13A-5-49, 13A-5-50, 13A-5-51, 13A-5-52, 13A-5-53,
13A-5-55, 13A-5-59, 15-18-80, 15-18-81, 15-18-82, 15-18-83, 15-18-84, 15-18-85, and 15-18-86,
Code of Alabama 1975. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 13A-5-39,
13A-5-43, 13A-5-44, and 15-18-100, Code of Alabama 1975, are amended to read as follows: §13A-5-39.
"(1) CAPITAL OFFENSE. An offense for which a...
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SB279
174395-1:n:02/22/2016:JLB/mfc LRS2016-712 SB279 By Senator Dial RFD Governmental Affairs Rd
1 23-FEB-16 SYNOPSIS: Under existing law, the State Ethics Commission may issue advisory opinions
which provide immunity to the person requesting the opinion and any other person relying on
the opinion in good faith. Existing rules of the commission authorize the director and general
counsel of the commission to issue informal opinions on the application of the Code of Ethics
to a particular individual, but an informal opinion does not provide immunity. This bill would
establish a procedure for the issuance by the director or an attorney of the commission of
written informal opinions to public officers or employees that would provide immunity to the
officer or employee making the request if all pertinent information was presented and the
officer or employee acted in accordance with the relevant circumstances, factors, and requirements
set forth in the opinion. Under existing law, an elected...
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HB129
Rep(s). By Representative Hill (J) HB129 ENROLLED, An Act, To amend Section 27-25-3 of the
Code of Alabama 1975, relating to the licensure of title insurance agents by the State Insurance
Department, to exempt licensed attorneys from licensure. BE IT ENACTED BY THE LEGISLATURE
OF ALABAMA:Section 1. Section 27-25-3 of the Code of Alabama 1975, is amended to read as follows:
§27-25-3. "For the purposes of this chapter, the following terms shall have the following
meanings: "(1) ABSTRACT OF TITLE. A compilation or summary of all instruments of public
record of whatever kind or nature which in any manner affect title to a specified parcel of
real property. "(2) BUSINESS ENTITY. A domestic entity properly formed and existing under
Title 10A. "(3) COMMISSIONER. The Commissioner of the Alabama Department of Insurance.
"(4) INDIVIDUAL. A natural person. "(5) NAIC. The National Association of Insurance
Commissioners, its subsidiaries and affiliates, and any successor thereof. "(6) OPINION
OF...
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HB433
Rep(s). By Representatives Williams (JD), Coleman, Boyd and Ball HB433 ENROLLED, An Act, To
add Section 13A-12-123 to the Code of Alabama 1975, to provide a definition of "sexually
exploited child"; to prohibit a sexually exploited child from being adjudicated delinquent
or convicted of a crime of prostitution; to provide that a sexually exploited child engaged
in prostitution may be adjudicated a child in need of supervision or a dependent child; to
prohibit the transfer of a case involving a sexually exploited child who commits an act of
prostitution from the jurisdiction of juvenile court to any adult court; to authorize a juvenile
court to retain jurisdiction over a sexually exploited child; to provide for certain court
orders in the best interests of the child; to provide that certain social and community services
will be made available to sexually exploited children; to authorize an additional fine for
certain crimes relating to prostitution; to require certain persons convicted...
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HB88
Rep(s). By Representative Moore (B) HB88 ENROLLED, An Act, Relating to motor vehicles; to amend
Section 32-9-20 of the Code of Alabama 1975, as amended by Act 2015-325, relating to vehicle
weight restrictions; to provide that a concrete mixing truck operating within 50 miles of
home base would not be required to meet certain requirements relating to weight provided the
vehicle does not exceed the maximum allowable gross weight. BE IT ENACTED BY THE LEGISLATURE
OF ALABAMA:Section 1. Section 32-9-20 of the Code of Alabama 1975, as amended by Act 2015-325,
is amended to read as follows: §32-9-20. "(a) It shall be unlawful for any person to
drive or move on any highway in this state any vehicle or vehicles of a size or weight except
in accordance with the following: "(1) WIDTH. Vehicles and combinations of vehicles,
operating on highways with traffic lanes 12 feet or more in width, shall not exceed a total
outside width, including any load thereon, of 102 inches, exclusive of mirrors or...
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SB179
SB179 ENGROSSED By Senator Ward A BILL TO BE ENTITLED AN ACT To amend Sections 13A-12-190 and
13A-12-192 of the Code of Alabama 1975, relating to disseminating, publicly displaying, possessing,
or possessing with the intent to disseminate obscene materials containing visual depictions
of persons under 17 years of age; to further define terms; to include under the crime of possession
a visual depiction of breast nudity; and in connection therewith to 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. BE IT ENACTED
BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 13A-12-190 and 13A-12-192 of the Code of
Alabama 1975, are amended to read as follows: §13A-12-190. "For the purposes of this
division, the following terms shall have the meanings respectively...
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