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STATE OF ALABAMA

Office of the Governor


BOB RILEY
Governor
 

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July 15, 2005

Governor Riley Announces Agenda for Special Session

Tougher Penalties Against Sexual Offenders, Protection of Property Rights and Changes Necessary to Avoid Loss of Federal Funds Included

MONTGOMERY - Governor Bob Riley on Friday announced the bills he is submitting to the Legislature for the special session that begins on July 19.

"The first priority in the special session must obviously be passage of the budget," Governor Riley said. "However, there are many bills the Legislature did not consider during the regular session that are also urgent. Bills that toughen our laws against sexual predators so we can better protect our children and our communities, and bills that will ensure the state won’t lose vitally needed federal funds. On these important matters, we simply have no choice. Immediate action is essential."

The Governor’s call, or agenda, for the special session includes a bill containing several measures to strengthen Alabama’s laws against sexual offenders, some of which were considered during the Legislature’s regular session but were never approved. Governor Riley and Attorney General Troy King have discussed including legislation in the call to crack down on sex offenders since the regular session ended in May.

Governor Riley is also urging legislators to bolster Alabamians’ private property rights in light of a recent U.S. Supreme Court ruling and to pass several bills that must be enacted in order for the state to avoid losing millions of dollars in federal assistance. Each of these bills to avoid the loss of federal funds was introduced in the regular session, but none of them passed.

"Because many items were not acted upon during the regular session, some may say the agenda for the special session is longer than they’d like for it to be. Still, there’s no reason why this special session should take any longer than the minimum number of days if legislators will put aside personal and partisan differences and agree to work together on these priorities. I’ve been meeting with and speaking with legislators about this agenda for weeks, and I believe they’re ready to get these items passed," Governor Riley added.

In addition to a General Fund budget for the fiscal year that starts October 1, a $22.4 million supplemental appropriation for the Department of Corrections for FY05 and a four percent pay raise for state employees that Governor Riley supported in the regular session, other bills on the special session agenda include:

Tougher penalties against sexual offenders: Governor Riley and Attorney General Troy King are combining into one bill several measures that were introduced in the regular session with new proposals that lengthen minimum sentences for those convicted of sex crimes against children. This proposal will strengthen the Community Notification Act by greatly enhancing tracking procedures for sex offenders and increasing the penalties for non compliance.

Stronger private property rights: This bill will prohibit municipal and county governments from using eminent domain to take property for retail, office or residential development.

Amending Alabama’s unemployment compensation law so employers in the state avoid the loss of about $630 million in federal tax credits: The change is necessary to comply with a federal law establishing a nationwide minimum standard for curbing certain practices that some employers have used to manipulate state unemployment insurance tax rates and avoid unemployment taxes. The U.S. Secretary of Labor has notified the Alabama Department of Industrial Relations that failure to pass this legislation by January 1, 2006 could also result in the loss of $30 million in federal grants. Alabama, Alaska and West Virginia are the only states currently not in compliance with this federal law. This proposal was introduced in the Legislature’s regular session but it did not pass.

Establish a lower blood alcohol concentration (BAC) limit for drivers of commercial motor vehicles and remove Social Security numbers from commercial drivers’ licenses and from accident reports: Two separate bills will put Alabama into compliance with the Federal Motor Carrier Safety Regulations and avoid the potential loss of millions in Federal Funding. A proposed bill would lower that to .04 percent so Alabama law will comply with Federal Motor Carrier Safety Regulations. The state risks losing $3 million in federal funds for the Alabama Department of Public Safety if this change in law is not made by October 1. This proposal was introduced in the Legislature’s regular session but it did not pass. A separate bill will remove the state’s requirement that individual Social Security numbers be listed on commercial drivers’ licenses and on automobile accident reports.

Extending for three years exemptions from sales, use and lodging taxes for film companies working on film projects in Alabama: These exemptions are currently in place but are scheduled to expire on September 30 unless extended by an act of the Legislature. Without passage of this legislation, Alabama risks losing current and future film projects, which are expected to bring economic development and job opportunities to the state. This proposal was introduced in the Legislature’s regular session but it did not pass.

Providing the Alabama Department of Environmental Management (ADEM) the authority to require municipal solid waste landfill operators to have adequate financial resources to guarantee corrective action, post-closure care and remediation: Doing this will put ADEM in compliance with federal rules governing municipal solid waste landfills. The Environmental Protection Agency has warned that it will be forced to withdraw approval of ADEM’s solid waste program if this bill is not passed by the Legislature. This proposal was introduced in the Legislature’s regular session but it did not pass.

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