February 2004 Volume 61, Number 8
Understanding the Alabama Legislature
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The Alabama State Capitol, Montgomery, AL
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President’s Report ...... 5 “We Have Two Officers Down” Official Publication, Alabama League of Municipalities Municipal Overview ...... 7 February 2004 • Volume 61, Number 8 Understanding the Alabama Legislature • OFFICERS DAN WILLIAMS, Mayor, Athens, President Members of the Alabama Senate ...... 11 JIM BYARD, JR., Mayor, Prattville, Vice President PERRY C. ROQUEMORE, JR., Montgomery, Executive Director 2004 Senate Committees ...... 12 • CHAIRS OF THE LEAGUE’S STANDING COMMITTEES Committee on State and Federal Legislation Members of the Alabama House of Representatives ...... 13 MICHAEL C. DOW, Mayor, Mobile, Chair CARROLL L. WATSON, Lincoln, Vice Chair 2004 House Committees ...... 16 Committee on Finance, Administration and Intergovernmental Relations CHARLES MURPHY, Mayor, Robertsdale, Chair JAY JAXON, Mayor, Eufaula, Vice Chair Environmental Outlook ...... 17 Committee on Energy, Environment and Natural Resources Scrap Tire Law Raises Funds to Clean Illegal Dumps DEBBIE QUINN, Councilmember, Fairhope, Chair ARTHUR DAVIS, Councilmember, Calera,Vice Chair The Legal Viewpoint ...... 21 Committee on Community and Economic Development Effective Lobbying Begins at Home BOB BUNTING, Mayor, Ozark, Chair LEE GARRISON, Councilmember, Tuscaloosa, Vice Chair The Municipal Trouble Shooter ...... 23 Committee on Transportation, Public Safety and Communication DON MOORE, Councilmember, Uniontown, Chair Good News/Bad News for Municipal Liability LEWIS E. WASHINGTON, SR., Councilmember, Wetumpka, Vice Chair Committee on Human Development Legal Notes ...... 25 TOM OWINGS, Councilmember, Brent, Chair RANDALL SHEDD, Mayor, Fairview, Vice Chair Federal Legisaltive and Regulatory Issues ...... 26 • THE STAFF PERRY C. ROQUEMORE, JR., Executive Director, [email protected] J. KENNETH SMITH, Deputy Director/Chief Counsel, [email protected] STEPHEN S. MARTIN, Finance Director, [email protected] ROBERT C. BLACK, General Counsel CARRIE A. BANKS, Communications Director, [email protected] GREGORY D. COCHRAN, Director, State and Federal Relations, [email protected] EDYE GOERTZ, Member Services Director, [email protected] LORELEI A. LEIN, League Counsel, [email protected] MARY ELLEN WYATT HARRISON, Staff Attorney, [email protected] TWANNA MILLER KING, Legal Research, [email protected] SHARON CARR, Administrative Assistant, [email protected] FAITH ANN GUNN, Accounting Manager, [email protected] THERESA ROGERS, CMO Program Administrator, [email protected] RACHEL WAGNER, Librarian, [email protected] LAURA ANNE WHATLEY, Legal/Communications Assistant, [email protected] STEVE WELLS, President, AMIC, [email protected] • ACTIVE MEMBERS (443) Abbeville, Adamsville, Addison, Akron, Alabaster, Albertville, Alexander City, Aliceville, Allgood, Altoona, Andalusia, Anderson, Anniston, Arab, Ardmore, Argo, Ariton, Arley, Ashford, Ashland, Ashville, Athens, Atmore, Attalla, Auburn, Autaugaville, Avon, Babbie, Baileyton, Baker Hill, Banks, Bay Minette, Bayou La Batre, Bear Creek, Beatrice, Beaverton, Belk, Benton, Berry, Bessemer, Billingsley, Birmingham, Blountsville, Blue Springs, Boaz, Boligee, Branchville, Brantley, Brent, Brewton, Bridgeport, Brighton, Brilliant, Brookside, Brookwood, Brundidge, Butler, Calera, Camden, Camp Hill, Carbon Hill, Cardiff, Carrollton, Castleberry, Cedar Bluff, Center Point, Centre, Centreville, Chatom, Chelsea, Cherokee, Chickasaw, Childersburg, Citronelle, Clanton, Clay, Clayhatchee, Clayton, Cleveland, Clio, Coaling, Coffee Springs, Coffeeville, Coker, Collinsville, Colony, Columbia, Columbiana, Coosada, Cordova, Cottonwood, County Line, Courtland, Cowarts, Creola, Crossville, Cuba, Cullman, Dadeville, Daleville, Daphne, Dauphin Island, Daviston, Dayton, Deatsville, Decatur, Demopolis, Detroit, Dodge City, Dora, Dothan, Double Springs, Douglas, Dozier, Dutton, East Brewton, Eclectic, Edwardsville, Elba, Elberta, Eldridge, Elkmont, Elmore, Emelle, Enterprise, Epes, Ethelsville, Eufaula, Eutaw, Eva, Evergreen, Excel, Fairfield, Fairhope, Fairview, Falkville, Faunsdale, Fayette, Five Points, Flomaton, Florala, Florence, Foley, Forkland, Fort Deposit, Fort Payne, Frisco City, Fulton, Fultondale, Fyffe, Gadsden, Gainesville, Gantt, Garden City, Gardendale, Gaylesville, Geiger, Geneva, Georgiana, Geraldine, Gilbertown, Glen Allen, Glencoe, Glenwood, Goldville, Good Hope, Gu-Win Goodwater, Gordo, Gordon, Gordonville, Goshen, Grant, Graysville, Greensboro, Greenville, Grove Hill, Guin, Gulf Shores, Guntersville, Gurley, Haleburg, Hackleburg, Haleyville, Hamilton, Hammondville, Hanceville, Harpersville, Hartford, Hartselle, Hayden, Hayneville, Headland, Heflin, Helena, Henagar, Highland Lake, Hillsboro, Hobson City, Hodges, Hokes Bluff, Holly Pond, Hollywood, Homewood, Hoover, Hueytown, Huntsville, Hurtsboro, HyTop, Ider, Indian Springs, Irondale, Jackson, Jackson’s Gap, Jacksonville, Jasper, Jemison, Kansas, Kellyton, Kennedy, Killen, Kimberly, Kinsey, Kinston, Lafayette, Lake-view, Lanett, Langston, Leeds, Leesburg, Leighton, Lester, Level Plains, Lexington, Lincoln, Linden, Lineville, Lipscomb, Lisman, Littleville, Livingston, Loachapoka, Lockhart, Locust Fork, Louisville, Lowndesboro, Loxley, Luverne, Lynn, McIntosh, McKenzie, Madison, Madrid, Malvern, Maplesville, Margaret, Marion, Maytown, Mentone, Midfield, Midland City, Midway, Millbrook, Millport, Millry, Mobile, Monroeville, Montevallo, Montgomery, Moody, Mooresville, Morris, Mosses, Moulton, Moundville, Mount Vernon, Mountain Brook, Mountainboro, Mulga, Munford, Muscle Shoals, Myrtlewood, Napier Field, Natural Bridge, Nauvoo, Nectar, Needham, Newbern, New Brockton, New Hope, New Site, Newton, Newville, North Courtland, North Johns, Northport, Notasulga, Oak Grove, Oak Hill, Oakman, Odenville, Ohatchee, Oneonta, Onycha, Opelika, Opp, Orange Beach, Orrville, Owens Cross Roads, Oxford, Ozark, Paint Rock, Parrish, Pelham, Pell City, Pennington, Petrey, Phenix City, Phil Campbell, Pickensville, Piedmont, Pike Road, Pinckard, Pine Apple, Pine Hill, Pine Ridge, Pisgah, Pleasant Grove, Pleasant Groves, Pollard, Powell, Prattville, Priceville, Prichard, Providence, Ragland, Rainbow City, Rainsville, Ranburne, Red Bay, Red Level, Reece City, Reform, Rehobeth, Repton, Ridgeville, Riverside, Riverview, Roanoke, Robertsdale, Rockford, Rogersville, Rosa, Russellville, Rutledge, Saint Florian, Samson, Sand Rock, Sanford, Saraland, Sardis City, Satsuma, Scottsboro, Section, Selma, Sheffield, Shorter, Silas, Silverhill, Sipsey, Skyline, Slocomb, Smiths Station, Snead, Somerville, South Vinemont, Southside, Spanish Fort, Springville, Steele, Stevenson, Sulligent, Sumiton, Summerdale, Susan Moore, Sweet Water, Sylacauga, Sylvan Springs, Sylvania, Talladega, Talladega Springs, Tallassee, Tarrant, Taylor, Thomaston, Thomasville, Thorsby, Town Creek, Toxey, Trafford, Triana, Trinity, Troy, Trussville, Tuscaloosa, Tuscumbia, Tuskegee, Twin, Union, Union Grove, Union Springs, Uniontown, Valley, Valley Grande Valley Head, Vance, Vernon, Vestavia Hills, Vina, Vincent, Vredenburgh, Wadley, Waldo, Walnut Grove, Warrior, Waterloo, Waverly, Weaver, Webb, Wedowee, West Blocton, West Jefferson, West Point, Westover, Wetumpka, Wilsonville, Wilton, Winfield, Woodland, Woodstock, Woodville, Yellow Bluff, York. Published monthly by The Alabama League of Municipalities, 535 Adams Avenue, Montgomery, Alabama 36104, telephone (334) 262-2566. Web address: www.alalm.org. Single copies, $2.00. By subscription, $24.00 per year. Advertising rates and circulation statement available at www.alalm.org or by calling the above number. Statements or expressions of opinions appearing within this publication are those of the authors and not necessarily those of the Alabama League of Municipalities. Publication of any advertisement should not be considered an endorsement of the product or service involved. Material from this publication may not be reprinted without permission. ALABAMA MUNICIPAL JOURNAL • February 2004 3
I went to the scene to be with our Police Chief, and to give support to the members of our Department and the Sheriff and District Attorney’s investigative team as the incident was handled. We found that we knew the man who committed this terrible deed. He is from a fine, local family. From the facts that have emerged thus far, he had been diagnosed as a paranoid schizophrenic and had been committed to involuntary, institutional treatment by the Dan Williams Probate Judge at the request of his Mother. His behavior Mayor of Athens had been acceptable as long as he took proper medication, but he would quit taking it when he would be released from custody. “We Have Two Officers Down” This young man went to a gun shop in Huntsville and purchased an assault rifle on Christmas Eve. The gun shop The beginning of a New Year in Athens has never been had him complete the required forms necessary to legally so tragic. Two fine, young men, who were roommates at purchase the weapon, but he falsified the information related the University of Alabama, died in the early morning hours to his mental health conditions and nothing showed up when of the New Year’s day in an automobile accident. It was a they checked his background. shocking incident to all of us because they were well-known These events, which were absolutely horrific for our and came from fine families. The following day I was at the City, brought out the greatest outpouring of compassion, home of one family, talking with the father, when I received care and concern from people all over the State of Alabama a phone call stating we had an incident involving our Police that we have ever witnessed. I want to thank all of our Department. I started to City Hall but on the way I heard Municipalities for the support you have given to us during over my phone the message: “We have two officers down”. this time. I cannot adequately express to you our City’s I have heard those words in movies and on television thanks for your care and concern. shows many times, but for the first time in my 20 years of One other thing I would ask of you. I want our League public office they were real. The incident involved real cops, of Municipalities to immediately work with our Legislators laying dead and dying, a real gun and bullets, a real man and find a way to close the loophole that allowed this young wanting to kill cops. man with his history of mental problems to purchase this I went directly to the hospital, arriving as they carried weapon and commit this terrible act. I would hope that we a fine officer into the emergency room, his life swiftly slipping could get something done by the Legislature during this away from us, and saw the carnage inflicted upon him. session. I don’t want any other Mayor to ever hear the His fellow officer was dead at the scene, killed inside his words: “We have officers down.” patrol car as he arrived to answer what everyone thought was a routine call for assistance. As the officer’s wife and family began arriving at the hospital, things became more chaotic. It was a terrible time. The second Officer had arrived at the scene within moments of the first Officer being killed, and unaware of what had happened, stepped out of his car and was gunned down by the assassin as neighbors watched from a few feet away. Two other Officers arrived moments later, attempted to give assistance to the fallen Officers, and took the assassin into custody, treating him gently, so as not to violate his rights. I think that act showed an amazing amount of restraint by our trained, professional personnel, and is a testament to the character of the Policemen we hire to protect us.
ALABAMA MUNICIPAL JOURNAL • February 2004 5
in this article.
Composition of the House and the Senate The state legislature consists of 35 Senators and 105 members of the House of Representatives. This number was established by order of a three-judge federal district court for the Middle District of Alabama, Northern Division, in the case of Sims v. Amos, 336 F. Supp. 924, aff’d, 409 U.S. By 942 (1972). In the decree, the court divided the state into 105 PERRY C. ROQUEMORE, JR. House districts and 35 Senatorial districts. Each House Executive Director district is entitled to one Representative and each Senate district is entitled to one Senator. Each district has approximately the same number of people as any other Understanding the district.
Alabama Legislature Qualifications of Legislators One of the prime functions of the League of Section 47 of the Alabama Constitution of 1901 states Municipalities is to represent the interests of municipal that Senators must be at least 25 years of age at the time of government at the legislative level by informing members of their election and Representatives must be at least 21 years legislation introduced that might affect municipal government of age at the time of their election. Both Senators and and by presenting bills to the legislature on behalf of the Representatives must also have been citizens and residents municipalities of this state. of Alabama for three years and must have lived in their It is important for municipal officials to have a good basic respective districts for at least one year immediately understanding of the legislative process in Alabama. This preceding their election. article briefly explains the workings of the Alabama Section 60 of the Alabama Constitution states that no Legislature and how legislation is passed by that body. person convicted of embezzlement of public money, bribery, perjury or other infamous crimes is eligible for membership Constitutional Provisions in the state legislature. Article IV of the Alabama Constitution of 1901 (Sections Each house has the authority, given by the Alabama 44 through 111) establishes the legislative department of Constitution, to punish its members. With the concurrence of state government. Section 44 states that the legislative two-thirds of either house, a member may be expelled. A power of the state shall be vested in a legislature composed member who has been expelled for corruption is not of a Senate and a House of Representatives. Section 44 has thereafter eligible for membership in either house. Sections been construed by the Alabama Supreme Court to give 53 and 54, Alabama Constitution of 1901. plenary power to the state legislature. State v. Lane, 181 Ala. 646, 62 So. 31. Election and Terms of Members According to the Court, the Alabama Legislature Members of the House and the Senate are elected, for possesses all of the legislative power which resides in the four-year terms, on the first Tuesday after the first Monday state under the United States Constitution, except as that in November in the even years which are not leap years. power is expressly or impliedly limited by the Alabama Their terms begin on the day following their election. Their Constitution. This differs from the powers granted to the terms expire on the day after the election of their successors United States Congress in that Congress can exercise only four years later. Section 46, Alabama Constitution of 1901. those powers enumerated in the Constitution of the United Amendment 57 to the Alabama Constitution provides that States or implied therefrom. each house shall judge the qualifications of its members. Article IV prescribes the manner of drafting bills, the organization and qualifications of members of both houses, Organizational Session authorizes each house to determine the rules of its The state legislature meets in Organizational Session on proceedings and establishes procedures for the enactment of the second Tuesday in January following the election of laws. Due to space limitations, only the provisions most members. The only business that may be transacted at such applicable to the interests of municipalities will be discussed continued next page
ALABAMA MUNICIPAL JOURNAL • February 2004 7 a session is the organization of the legislature for the ensuing individual, association or corporation. four years, the election of House and Senate officers, the A local law is a law which is not a general law or a special appointment of standing and interim committees, the or private law. canvassing of election returns and the determination of Section 11-40-12, Code of Alabama, 1975, establishes contested elections. eight classes of municipalities based on population. The During the Organizational Session, the House legislature has the authority to pass measures which affect membership elects a Speaker who has the duty of presiding only those municipalities within a specified class or classes. over the House of Representatives. The House membership Such classification legislation is defined as general law by also elects a Speaker Pro Tem to preside over the House in Amendment 397 to the Alabama Constitution. Any such the absence of the Speaker. legislation which has application to only one municipality The Senate is presided over by the Lieutenant Governor. must be advertised prior to introduction according to the During the Organizational Session, the Senate chooses a provisions of Section 106 of the Alabama Constitution. President Pro Tempore to preside in the absence of the Section 106, as amended by Amendment 341, states that Lieutenant Governor. notice of all local bills must be published, prior to introduction, Pursuant to Section 53 of the Alabama Constitution, the at least once a week for four consecutive weeks in some House and the Senate adopt rules of procedure for the next newspaper published in the county. If no newspaper is four years. published in the county, then the notice must be posted, prior to introduction, for two consecutive weeks at five different Legislative Committees places in the county. The standing committees of each house are established by the rules of each house. These committees, which are Steps in Passing Legislation required by the Alabama Constitution, operate throughout If a member of the legislature decides that a proposal has the session for the consideration of legislation assigned to merit and that legislation should be enacted, the legislator them. prepares a bill or has a bill prepared for introduction into the Committee members are named at the Organizational house of which he or she is a member. That legislator then Session and hold membership throughout their terms. The becomes the sponsor of the bill. members of House standing committees are appointed by the Many bills are introduced in both houses of the legislature Speaker of the House. A rules change approved by the on or about the same date. This practice is not prohibited Senate this year provides that the members of Senate except the Constitution, in Section 70, requires that all bills to standing committees are appointed by the Senate President raise revenues shall originate in the House of Pro Tem. Representatives. There is no limitation upon the number of sponsors that may sign a particular bill. Length of Sessions After introduction, the bill is assigned a consecutive Amendment 339 to the Alabama Constitution requires number, for convenience and reference, and is read by title the state legislature to meet in annual regular sessions. Each only. regular session is limited to 30 legislative days within 105 This action is known as the first reading of the bill. The calendar days. Each special session called by the Governor Speaker of the House of Representatives or the President is limited to 12 legislative days within 30 calendar days. Pro Tempore of the Senate, depending on the body where the A legislative day is a day on which either house of the bill was introduced, refers the bill to a standing committee of legislature is actually in session. Normally, the legislature will the House or the Senate. meet in session two days per week and schedule committee Section 62 of the Alabama Constitution states that no bill work on the other days. shall become a law until it has been referred to a standing committee of each house, acted upon by such committee in Types of Bills session, and returned therefrom. Amendment 397 to the Alabama Constitution states that Standing committees are charged with the important a general law is a law which in its terms and effect applies responsibility of examining bills and recommending action to either to the whole state or to one or more municipalities of the full House or Senate. At some time when the House or the state less than the whole in a class. Senate is not in session, the committees of each house will A special or private law is one which applies to an meet and consider the bills which have been referred to them
8 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES and decide whether or not particular bills should be reported a formal message and the bills then receive their first reading to the full membership. It is during these committee sessions in the second house. Proposals go through the same that members of the general public are given an opportunity procedure in the second house committee study and report, to speak for or against the measures being considered by the second and third readings and floor debate and votes. standing committees. If the second house passes the bill without amendment, Bills which are favorably acted upon by the standing it goes back to the originating house for enrollment. If a bill committees are reported to the entire house for consideration is amended in the second house, it must be returned to the first and are placed on the regular calendar. Bills reported house for consideration of the amendment. The first house unfavorably are placed on the adverse calendar. If a may vote to concur or not to concur, in which case the bill committee fails to act, the membership of each house, by a dies. The first house may vote not to concur and request a vote, may require the committee to act and report its action conference committee to work out the differences between to the body at its next meeting. the two bills. If the other house agrees to a conference, the The committee reports a bill to the full house when the presiding officers of each house appoint members to the reports of the committees are called. The bill is given its conference committee. second reading at that time and is placed on the calendar. The conference committee meets and tries to reconcile The second reading is by title only. the differences in the two versions of the bill. If agreement Section 63 of the Alabama Constitution of 1901 requires is reached and both houses adopt the conference committee that every bill be read on three different days in each house report, the bill is finally passed. and that each bill be read at length on final passage. Sometimes a house may refuse to adopt the report of the Bills are listed on the calendar by number, sponsor and conference committee and ask for a further conference. If title in the order in which they are reported from committee. the committee is still unable to reach an agreement, it may ask Bills are considered for a third reading (passage) in the order to be discharged and request the appointment of another of the calendar unless action is taken to consider a bill out of conference committee to begin the process again. If the regular order. conferees never agree, the bill is lost. Important bills can be brought to the top of the order by When a bill is passed in both houses in identical form, it special order or by a suspension of the rules. Special orders is enrolled or copied in its final form and sent to the house of are recommended by the Rules Committee and must be origin for signature by the presiding officer in the presence of adopted by a majority vote. In the final days of a session, both the members. The measure is then sent to the second house houses usually operate daily on special orders. where it is also signed by the presiding officer in the presence When a bill comes up for consideration, the entire of the members. Then the bill is sent to the Governor. The membership of the house considers its passage. The bill is Governor is not required to sign proposed Constitutional read at length, studied and debated. In general, regular amendments, they are sent directly to the Secretary of State parliamentary rules of procedure apply when a bill is being for submission to voters for ratification at the time prescribed debated on final passage. Each house has special rules in the legislation. which limit debate. A majority vote in each house is necessary for passage Action by the Governor of legislation except in cases where the Constitution requires When a bill reaches the Governor, he may sign it and thus more than a simple majority. For example, a proposed complete the enactment of a bill into law. However, if the Constitutional Amendment must receive the vote of three- Governor objects to the bill, he may veto it or suggest fifths of all members elected. Section 284, Alabama amendments to the bill and return it to the house of origin. The Constitution of 1901. In a special session, any legislation not bill is then reconsidered, first by the originating house and, if covered in the Governor’s call, or proclamation, must receive passed, by the second house. If a majority of the members a two-thirds vote in each house. Section 76, Alabama elected to each house agree to the proposed amendments, Constitution of 1901. the bill is returned to the Governor for his signature. After a bill has been voted on, any member who voted If both houses cannot agree to the Governor’s with the prevailing side may move to reconsider the question, amendments or if the Governor proposes no amendments but but the time within which bills may be reconsidered is limited returns the measure, the bill has, in effect, been vetoed. The in both houses. houses then may try to override the Governor’s veto. An Bills passed in one house are sent to the other house by affirmative vote of 18 Senators and 53 Representatives is continued next page
ALABAMA MUNICIPAL JOURNAL • February 2004 9 required to override the Governor’s veto. known as the budget isolation resolution and permits the If the Governor fails to return a bill to the house of origin legislature to enact legislation prior to adopting a budget. within six days after it is presented to him, Sundays excepted, the bill becomes law without the Governor’s signature, unless Unfunded Mandates the return was prevented by recess or adjournment. In such The Alabama Constitution provides that any general law a case, the bill must be returned within two days after the whose purpose or effect is to require a new or increased legislature reassembles or the bill becomes law without the expenditure of funds held or disbursed by the governing body Governor’s signature. of a municipality or county, or instrumentality thereof, shall Bills which reach the Governor less than five days before not take effect unless (1) it is approved by the affected the end of the session may be approved by him within 10 days governing bodies or (2) the legislature provides funding to pay after adjournment. Bills not approved within that time do not for the mandate or (3) the legislature passes the legislation by become law. This is known as the pocket veto. the affirmative vote of two-thirds of those voting in each The Governor has the authority to approve or disapprove house. any item or items of an appropriation bill without vetoing the The amendment does not apply to: (1) local laws; (2) acts entire bill. requiring expenditures of school bonds; (3) acts defining new crimes or amending definitions of crimes; (4) acts adopted Budget Isolation Resolutions prior to the ratification of the amendment; (5) acts adopted Amendment 448 to the Alabama Constitution states that to comply with federal mandates, only to the extent of the the Governor must submit a proposed budget to the federal mandate; (6) acts determined by the Legislative legislature by the second day of each regular session. The Fiscal Office to have an aggregate insignificant fiscal impact legislature must make the basic appropriations necessary for on affected governments; or (8) acts of general application the current budgetary period before passing any other prescribing the minimum compensation for public officials. legislation. However, if three-fifths of a quorum adopt a The term “aggregate insignificant fiscal impact” shall resolution declaring that this restriction does not apply to a mean any impact less than $50,000 annually on all affect certain bill, that bill may proceed to final passage. This is governments statewide.
10 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES MEMBERS OF THE ALABAMA SENATE Baxley, Lucy Enfinger, Jeff Marsh, Del Ross, Quinton President of the Senate 7th District 12th District 26th District Alabama State House P.O. Box 19061 P.O. Drawer 2365 P.O. Box 6183 11 South Union Street Huntsville, AL 35804-9061 Anniston, AL 36202 Montgomery, AL 36106 Montgomery, Al 36130 (334) 242-7900 Erwin, Hank McClain, E.B. Sanders, Hank 14TH District 19th District 23rd District Barron, Lowell 32 Oakdale Drive 299 11th Avenue 1 Union Street Pro Tempore of the Senate Montevallo, AL 35115 Midfield, AL 35228 Selma, AL 36702 8th District P. O. Box 65 Escott, Sundra Means, Larry Smith, Harri Anne Fyffe, AL 35971 20th District 10th District 29th District P. O. Box 8343 P.O. Box 786 P.O. Box 640 Bedford, Roger Birmingham, AL 35218 Attalla, AL 35954 Slocomb, AL 36375 6th District P. O. Box 370 Figures, Vivian Mitchell, Wendell Smitherman, Rodger Russellville, AL 35653 33rd District 30th District 18th District 2054 Clemente Court P.O. Box 225 2029 2nd Avenue N Biddle, Jack Mobile, AL 36617 Luverne, AL 36049 Birmingham, AL 35203 17th District 2256 Pinehurst Dr. French, Steve Mitchem, Hinton Steele, Charles Gardendale, AL 35071 15th District 9th District 24th District P.O.Box 131428 P. O. Box 297 2615 Stillman Blvd. Butler, Tom Birmingham, AL 35213 Albertville, AL 35950 Tuscaloosa, AL 35401 2nd District 136 Hartington Drive Holley, Jimmy Myers, Harry “Hap” Tanner, Gary Madison, AL 35758 31st District 34th District 35th District 4212 County Road 364 P. O. Box 160034 5750 McDonald Road Byrne, Bradley Elba, AL 36323 Mobile, AL 36616 Theodore, AL 36582 32nd District 22489 Sea Cliff Drive Lee, Curt Penn, Myron Waggoner, J. T. Fairhope, AL 35632 5th District 28th District 16th District P. O. Box 3426 P.O. Box 5355 1829 Mission Road Denton, Bobby Jasper, AL 35502 Union Springs, AL 36089 Birmingham, AL 35216 1st District 2206 Lisa Avenue Lindsey, Pat Poole, Phil During the Muscle Shoals, AL 35661 22nd District 21st District 124 So. Mulberry Ave. P. O. Box 609 Session Dial, Gerald Butler, AL 36904 Moundville, AL 35474 13th District Any member of P. O. Box 248 Little, Ted Preuitt, Jim the Senate Lineville, AL 36266 27th District 11th District may be reached P. O. Box 2366 P.O. Box 1063 Dixon, Larry Auburn, AL 36831-2366 Talladega, AL 35161 at the 25th District State House 820 E. Fairview Ave. Little, Zeb Roberts, Tommy by calling Montgomery, AL 36106 4th District 3rd District P.O. Box 930 P. O. Box 1268 Cullman, AL 35056 Hartselle, AL 35640 334-242-7800
ALABAMA MUNICIPAL JOURNAL • February 2004 11 2004 SENATE COMMITTEES
Agriculture, Conservation & Forestry - Zeb Little (Chair), Jack Fiscal Responsibility & Accountability - Del Marsh (Chair), Biddle (Vice Chair), Bobby Denton, Jimmy Holley, Hank Erwin, Wendell Mitchell (Vice Chair), Bobby Denton, Bradley Byrne, Steve Hinton Mitchem, Charles Steele, Tom Butler, Gary Tanner, Hap French, Hank Erwin, Gerald Dial Myers, Myron Penn Governmental Affairs - Phil Poole (Chair), Larry Dixon (Vice Chair), Banking & Insurance - Bobby Denton (Chair), Myron Penn (Vice Wendell Mitchell, Bobby Denton, Tom Butler, Vivian Figures, Chair), Roger Bedford, Harri Anne Smith, Larry Means, Hap Myers, Tommy Ed Roberts, Larry Means, Gary Tanner, Hap Myers Rodger Smitherman, Tom Butler, Larry Dixon Health - Larry Means (Chair), E.B. McClain (Vice Chair), Roger Business & Labor - Tommy Ed Roberts (Chair), Charles Steele Bedford, Larry Dixon, Jimmy Holley, Jabo Waggoner, Pat Lindsey, (Vice Chair), Gary Tanner, Larry Dixon, Bradley Byrne, Rodger Myron Penn, Harri Anne Smith, Jim Preuitt Smitherman, Larry Means, Ted Little, Wendell Mitchell Industrial Development & Recruitment - Charles Steele (Chair), Children, Youth Affairs & Human Resources - Sundra Escott Gary Tanner (Vice Chair), Sundra Escott, Jimmy Holley, Bradley (Chair), Hank Erwin (Vice Chair), Rodger Smitherman, Charles Byrne, Rodger Smitherman, Tommy Ed Roberts, Gerald Dial, Bobby Steele, Myron Penn, Quinton Ross, Del Marsh, Wendell Mitchell, Denton, Del Marsh Ted Little Judiciary - Rodger Smitherman (Chair), Zeb Little (Vice Chair), Commerce, Transportation & Utilities - Quinton Ross (Chair), Roger Bedford, Myron Penn, Vivian Figures, Curt Lee, Pat Lindsey, Jim Preuitt (Vice Chair), Hinton Mitchem, Roger Bedford, Jabo Steve French, Hank Sanders, Del Marsh, Quinton Ross Waggoner, Sundra Escott, Zeb Little, Larry Means, Jimmy Holley, Curt Lee, E.B. McClain Local Legislation #1 - Lowell Barron (Chair), Vacant (Vice Chair), Jim Preuitt, Hank Sanders, Curt Lee, Gerald Dial Confirmations - E.B. McClain (Chair), Larry Means (Vice Chair), Phil Poole, Hinton Mitchem, Zeb Little, Sundra Escott, Hank Local Legislation #2 - Rodger Smitherman, Sundra Escott, E.B. Sanders, Pat Lindsey, Del Marsh, Harri Anne Smith McClain, Jabo Waggoner, Steve French, Hank Erwin, Curt Lee, Jack Biddle Constitution, Campaign Finance, Ethics & Elections - Vacant (Chair), Vacant (Vice Chair), Pat Lindsey, Zeb Little, Tommy Ed Local Legislation #3 - Vivian Figures (Chair - elected), Gary Tanner Roberts, Steve French, Roger Bedford, Curt Lee, Hank Sanders (Vice Chair - elected), Pat Lindsey, Hap Myers
EE&T - Pat Lindsey (Chair), Zeb Little (Vice Chair), Harri Anne Rules - Jim Preuitt (Chair), Pat Lindsey (Deputy Chair), Roger Smith, Myron Penn, Hank Sanders Bedford (Vice Chair), Lowell Barron, Jabo Waggoner, Hinton Mitchem, Jack Biddle, Hank Sanders, Rodger Smitherman, Tommy Education - Vivian Figures (Chair), Curt Lee (Vice Chair), Sundra Ed Roberts, Larry Means Escott, Roger Beford, Jack Biddle, Steve French, Jimmy Holley, Hank Sanders, Quinton Ross Small Business & Economic Development - Vacant (Chair), Vacant (Vice Chair), Tom Butler, Phil Poole, Sundra Escott, Ted Little, Energy & Natural Resources - Gary Tanner (Chair), Vivian Figures Charles Steele, Ted Little, Charles Steele, Quinton Ross, Gerald (Vice Chair), Pat Lindsey, Roger Bedford, Jack Biddle, Charles Dial, Bradley Byrne Steele, Jabo Waggoner, Zeb Little Tourism & Marketing - Myron Penn (Chair), Pat Lindsey (Vice Finance & Taxation - Education - Hank Sanders (Chair), Phil Poole Chair), Rodger Smitherman, Jack Biddle, Gerald Dial, E.B. McClain, (Deputy Chair), Jeff Enfinger (Deputy Chair), Jack Biddle, Bobby Charles Steele Denton, Quinton Ross, Hinton Mitchem, Jabo Waggoner, Tom Butler, Ted Little, Del Marsh, Tommy Ed Roberts, Rodger Veterans & Military Affairs - Hap Myers (Chair), Quinton Ross Smitherman, Vivian Figures, Charles Steele (Vice Chair), Bradley Byrne, E.B. McClain, Harry Anne Smith, Hank Erwin, Gerald Dial, Wendell Mitchell Finance & Taxation - General Fund - Bedford/Mitchem (Chair), Mitchem/Bedford (Deputy Chair), Sundra Escott (Vice Chair), Steve French, Gary Tanner, Zeb Little, Myron Penn, Larry Dixon, Pat Lindsey, E.B. McClain, Larry Means, Harri Anne Smith, Hap Myers, Jim Preuitt
12 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES MEMBERS OF THE ALABAMA HOUSE OF REPRESENTATIVES
Hammett, Seth Bandy, George Boyd, Barbara Clouse, Steve Speaker of the House 83rd District 32nd District 93rd District 92nd District 1307-A Glenn Circle 2222 McDaniel Avenue Box 818 P. O. Box 1776 Opelika, AL 36801 Anniston, AL 36201 Ozark, AL 36361 Andalusia, AL 36420 Jim Barton Brewbaker, Dick Coleman, Linda Newton, Demetrius 104th District 75th District 60th District Speaker Pro Tempore P.O. Box 9918 P.O. Box 240593 926 Chinchoma Dr. 53rd District Mobile, AL. 36619 Montgomery, AL 36124- Birmingham, AL 35214 Box 2525 0593 Birmingham, AL 35202 Beasley, Billy Coleman, Merika 84th District Bridges, DuWayne 57th District Guin, Ken P.O. Box 220 38th District P.O. Box 28888 Democratic Floor Leader Birmingham, AL 35228 14th District Clayton, AL 36016 P.O. Box 729 Box 470 Valley, AL 36854 Carbon Hill, AL 35549 Beason, Scott Collier, Jack 50th District Buskey, James 105th District Hubbard, Mike P.O. Box 31 99th District P.O. Box 550 Republican Floor Leader Gardendale, AL 35071 2207 Barretts Lane Irvington, AL 36544 79th District Mobile, AL 36617 PO Box 950 Beck, Warren Davis, Randy Auburn, AL 36831-0950 87th District Carns, Jim 96th District P.O. Box 333 46th District P.O. Box 1083 Albritton, Greg Geneva, AL 36340 P.O. Box 43797 Daphne, AL 36526 64th District Birmingham, AL 35223 P.O. Box 392 Bentley, Robert Dolbare, Jeff Excel, AL 36439 63rd District Carothers, Joe 65th District 11 Ridgeland 86th District Hwy 61, Box 89 Allen, Gerald Tuscaloosa, AL 35406 2916 Taylor Road Bigbee, AL 36510 62nd District Dothan, AL 36301 8200 Old Hargrove Rd. E. Black, Lucius Dukes, Bill Cottondale, AL 35453 71st District Carter, Tommy 8th District P.O. Box 284 5th District 2209 Parkplace St. SE Baker, Locy York, AL 36925 18216 Upper Ft. Hampton Decatur, AL 35601 85th District Rd. 115 Bryant Street Black, Marcel Elkmont, AL 35620 Dunn, Priscilla Abbeville, AL 36310 3rd District 56th District P.O. Box 491 Clark, Bill P.O. Box 365 Ball, Mike Tuscumbia, AL 35674 98th District Bessemer, AL 35021 10th District 711 S. Atmore Avenue P.O. Box 6302 Boothe, Alan C. Prichard, AL 36612 Faust, Joe Huntsville, AL 35824 89th District 94th District 203 Lynwood Road P.O. Box 1702 Troy, AL 36081 Fairhope, AL 36533 continued next page
ALABAMA MUNICIPAL JOURNAL • February 2004 13 Fite, Lea Grantland, Ronald Holmes, Alvin Letson, Jody 40th District 9th District 78th District 7th District 401 Aderholt Mill Road Box 1085 P.O. Box 6064 15720 County Rd. 400 Jackson, AL 36265 Hartselle, AL 35640 Montgomery, AL 36106 Hillsboro, AL 35643
Ford, Craig Greer, Lynn Humphryes, Bobby Lindsey, Richard 28th District 2nd District 51st District 39th District P.O. Box 8208 P.O. Box 40 323 13th Place 14160 County Road 22 Gadsden, AL 35902 Rogersville, AL 35652 Pleasant Grove, AL 35127 Centre, AL 35960
Ford, Johnny Greeson, Todd Hurst, Steve Love, Jay 82nd District 24th District 35th District 74th District 1203 Lakeshore Drive P.O. Box 159 155 Quail Run Road P.O. Box 3221 Tuskegee, AL 36083 Ider, AL 35981 Munford, AL 36268 Montgomery, AL 36109
Gaines, Mark Grimes, David Ison, Jamie Major, Eric 46th District 73rd District 101st District 55th District 301 Morris Boulevard 1254 Magnolia Circle 57 Byrnes Blvd. 221 59th Street Homewood, AL 35209 Montgomery, AL 36106 Mobile, AL 36608 Fairfield, AL 35064
Galliher, Blaine Hall, Albert Jackson, Thomas Martin, James 30th District 22nd District 68th District 42nd District Box 4353 P.O. Box 275 P.O. Box 656 P.O. Box 1214 Gadsden, AL 35904 Gurley, AL 35748 Thomasville, AL 36784 Clanton, AL 35046
Garner, Ray Hall, Laura Johnson, Ronald McClammy, Thad 25th District 19th District 33rd District 76th District P.O. Box 395 P. O. Box 3274 3770 Syla/Fayette Hwy P.O. Box 250776 Madison, AL 35758 Huntsville, AL 35810 Sylacauga, AL 35150 Montgomery, AL 36125
Gaston, Victor Hammon, Mickey Kennedy, Yvonne McClendon, Jim 100th District 4th District 97th District 50th District 1136 Hillcrest Crossing, 1344 East Upper River 1205 Glennon Avenue 361 Jones Road West Road Mobile, AL 36603 Springville, AL 35146 Mobile, AL 36695 Decatur, AL 35603 Knight, John McClurkin, Mary Sue Gipson, Mac Hawkins, John 77th District 43rd District 88th District 48th District P.O. Box 6148 60 Indian Forest Trail 507 Cook Road 1841 Montclair Drive Montgomery, AL 36106 Pelham, AL 35124 Prattville, AL 36067 Birmingham, AL 35216 Laird, Richard McDaniel, Frank Glover, Rusty Hill, Mike 37th District 26th District 102nd District 41st District 341 Bonner Drive Box 577 4225 Camellia Circle West 1900 Indian Lake Dr. Roanoke, AL 36274 Albertville, AL 35950 Semmes, AL 36575 Birmingham, AL 35224 Layson, Allen McLaughlin, Jeff Graham, Betty Hinshaw, Randy 61st District 25th District 81st District 21st District P. O. Box 910 P.O. Box 1037 3485 Cowpens Road 2107 Epworth Drive. Reform, AL 35481 Guntersville, AL 35976 Alexander City, AL 35010 Apt. A Huntsville, AL 35811
14 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES McMillan, Steve Page, Jack Singleton, Bobby Wood, Randy 95th District 29th District 72nd District 36th District P.O. Box 337 P.O. Box 8207 105 Cobb Street P.O. Box 4432 Bay Minette, AL 36507 Gadsden, AL 35902 Greensboro, AL 36744 Anniston, AL 36204
Melton, Bryant Payne, Arthur Spicer, Terry 70th District 44th District 91st District P.O. Box 70083 2825 2nd St., N.W. 2665 Taylor Mill Road Tuscaloosa, AL 35407 Birmingham, AL 35215 Elba, AL 36323 During Millican, Mike Perdue, George Starkey, Nelson the 17th District 54th District 1st District 995 Country Estates Drive P.O. Box 2473 301 North Pine Street Hamilton, AL 35570 Birmingham, AL 35201 Florence, AL 35630 Session
Mitchell, Joseph Robinson, John Thigpen, Sr., William E. Any member of 103rd District 23rd District 16th District 465 Dexter Avenue 3479 Co. Rd. 33 1225 13th St. NW the House Mobile, AL 36604 Scottsboro, AL 35769 Fayette, AL 35555 may be reached at the Moore, Mary Robinson, Oliver Thomas, Elwyn State House 59th District 58th District 27th District 1622 36th Avenue, N. 9640 Eastpoint Circle 124 Cliff Springs Road by calling Birmingham, AL 35207 Birmingham, AL 35217 Oneonta, AL 35121 334-242-7600 Morrison, Neal Rogers, John Thomas, James 12th District 52nd District 69th District P. O. Box 1556 1424 18th Street S.W. 2713 Hwy. 14, E. Cullman, AL 35056 Birmingham, AL 35211 Selma, AL 36701
Morrow, Johnny Salaam, Yusef Vance, Lesley 18th District 67th District 80th District 512 4th Avenue SE 230 Franklin Street P.O. Box 1429 Red Bay, AL 35582 Selma, AL 36701 Phenix City, AL 36869
Morton, Albert Sanderford, Howard Venable, Jack 45th District 20th District 31st District 833 Zellmark Drive 908 Tannahill Dr. Box 780730 Birmingham, AL 35235 Huntsville, AL 35802 Tallassee, AL 36078 Phone: (334) 283-2848 Newton, Charles Schmitz, Sue 90th District 6th District Ward, Cam 1216 S. Conecuh Street 4649 Jeff Road 49th District Greenville, AL 36037 Toney, AL 35773 P.O. Box 1749 Alabaster, AL 35007 Oden, Jeremy H. Sherer, Tommy 11th District 13th District White, F.P. (Skippy) 1268 Cnty Rd 1459 P.O. Box 1384 66th District Vinemont, AL 35179 Jasper, AL 35502 1416 Elizabeth Avenue Pollard, AL 36441
ALABAMA MUNICIPAL JOURNAL • February 2004 15 2004 HOUSE COMMITTEES
Rules – Venable (chair), Clark (vice chair), Johnson Boards and Commissions – Clark (chair), Sanderford (ranking minority member), Beck, Boyd, Buskey, Carns, (vice chair), Payne (ranking minority member), Bentley, Galliher, Greeson, Guin, Hall, Morrison, Payne, Perdue, M. Black, Boothe, Coleman, Gaines, Grantland, Hubbard, White. Ison, Millican, Moore, Morrison, Rogers.
Education Finance and Appropriations – Lindsey County and Municipal Government – Dukes (chair), (chair), Rogers (vice chair), Gipson (ranking minority Bandy (vice chair), McMillan (ranking minority member), member), Bentley, Buskey, Carothers, Carter, Dolbare, Ball, Brewbaker, Coleman, Faust, J. Ford, Humphryes, Garner, Graham, Greeson, Hubbard, Kennedy, Oden, J. Hurst, Laird, McDaniel, McLaughlin, Perdue, Wood. Thomas. Banking and Insurance – Vance (chair), Hill (vice chair Government Finance and Appropriations – Knight and ranking minority member), Barton, Bridges, Buskey, (chair), Page (vice chair), Hawkins (ranking minority Clouse, C. Ford, Galliher, Graham, Grimes, Martin, member), Allen, Baker, Gaston, A. Hall, L. Hall, Love, McClammy, O. Robinson, Thigpen, J. Thomas. Letson, McClurkin, Melton, Newton, Starkey, E.Thomas. Education – Kennedy (chair), Spicer (vice chair), Morton Judiciary – M. Black (chair), C. Newton (vice chair), (ranking minority member), Beason, Boyd, Davis, Dolbare, McMillan (ranking minority member), Brewbaker, L. Dunn, Gipson, Guin, Hinshaw, McClendon, Mitchell, Oden, Coleman, Dunn, Hall, Ison, Morton, J. Robinson, Salaam, Sherer. Sanderford, Thigpen, Venable, Ward. Agriculture and Forestry – Jackson (chair), J. Robinson State Government – O. Robinson (chair), Boothe (vice (vice chair), Albritton (ranking minority member), Beck, chair), Payne (ranking minority member), Boyd, M. Beasley, L. Black, Carothers, Carter, Collier, Glover, Coleman, Fite, Gaston, Glover, Greer, Hill, Letson, Love, Hammon, Layson, Salaam, Singleton, Ward. Morrison, Singleton, Spicer. Tourism and Travel – Morrow (chair), Greer (vice chair Commerce – McDaniel (chair), Carns (vice chair), and ranking minority member), Beck, L. Black, Faust, Fite, Hawkins (ranking minority member), Allen, Beck, L. Black, J. Ford, Garner, Greeson, Hinshaw, Humphryes, Major, Clark, Dukes, Gaines, Grimes, Martin, Melton, Perdue, Schmitz, Spicer, J. Thomas. Starkey, Vance. Internal Affairs – Morrison (chair), Hawkins (vice chair Health – Millican (chair), Baker (vice chair), Johnson and ranking minority member), Dunn, Grimes, Hall, Laird, (ranking minority member), Barton, Beasley, Beason, Clouse, Mitchell J. Ford, Grantland, Jackson, Laird, Layson, Major, McClendon, McClurkin.
Constitution and Electins – Guin (chair), Hinshaw (vice chair), Galliher (ranking minority member), Albritton, Bandy, Davis, Faust, Hammon, Hurst, McLaughlin, Melton, Mitchell, Moore, Schmitz, E. Thomas.
Public Safety – McClammy (chair), Bridges (vice chair), Humphryes (ranking minority member), Ball, Collier, C. Ford, Hall, Knight, Major, Morrow, D. Newton, Page, Sherer, E. Thomas, Wood.
16 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES By Gregory D. Cochran Director, State and Federal Relations
Scrap Tire Law Raises Funds to Clean Illegal Dumps
According to a state commission appointed in 1999 to stockpiles of scrap tires, and finding a better place for them. study the issue, 15 million to 20 million used tires in more The solution also needed a two-tiered approach. than 850 illegal dump sites dot Alabama’s landscape. Many entrepreneurs bring tires from Florida, Mississippi and North Alabama’s new law sets aside 40 percent to 75 percent Carolina to Alabama to dump in landfills. Alabama allows of the scrap-tire fund for cleanup projects, and up to 20 tires in its landfills without many regulations or an percent to promote markets for the recycled tires. No more infrastructure for enforcement. than 20 percent can be used for administration. Two cement kilns and one paper mill in Alabama use tires for fuel, although By fall, the state hopes to have more than $3 million to discussions are going on now with two more plants that help reverse Alabama’s reputation as a regional dumping would use recycled tires. Other potential uses include ground for scrap tires. Last year, the Legislature passed material for road construction, reuse in other rubber products the Scrap Tire Environmental Quality Act. It imposes a $1- and several applications in landfills. per-tire fee on used tires, which will fund cleanup efforts at illegal dumps and help create markets for the roughly 4 By December 30, the state had collected more than million scrap tires Alabamians generate every year. $843,000, according to the Alabama Department of Revenue. At that pace, it would take in about $3.4 million Alabama became the last state in the Southeast, and its first year – about $400,000 short of what the state one of the last in the country, to pass a comprehensive scrap estimated it would collect. Industry and government officials tire law. Scrap tires can present environmental and health said Alabama’s new law has the components to get a handle hazards, which become more acute if the tires catch fire. on an ongoing problem. If there’s a scrap-tire pile out there The Alabama Scrap Tire Commission reported 145 tire fires and the debris can be quickly removed and the land restored, in a 36-month period ending in 2001. A tire fire almost four the scrap-tire-fee money will be used. But if the violator is years ago in Moody burned 11 days, sending flames 100 found, enforcement procedures that will be in place will make feet in the air and toxic smoke to surrounding properties. the responsible party take the lead in the cleanup and Other contaminants leached into the soil as firefighters restoration. sprayed the fire with water. Tire stockpiles also attract disease-causing vermin. Most recently, these stockpiles have USDA Rural Development Funds Bolster Sewage come into focus as a prime breeding ground for the Capacity mosquitoes that pass West Nile virus to humans. Thanks to USDA Rural Development, plans are In 1999, the Alabama Legislature passed a law designed underway for a larger capacity sewer system as well as a to license businesses that deal with scrap tires and to trace new wastewater treatment plant to serve the growing the tires. That gave some governments, such as Jefferson population of Calera in upcoming decades. The $8 million County, the green light to aggressively monitor scrap tires dollar project will double the capacity of the system, reduce and go after illegal dumps. The county hired a full-time inspector for the job. But that only addressed part of the issue. The scrap-tire problem is twofold: reducing the continued next page
ALABAMA MUNICIPAL JOURNAL • February 2004 17 surface water seepage and construct a second treatment plant. Morgan Keegan & Company “I am pleased with our partnership with the town of Calera and appreciate the vision and leadership that Mayor Financial Advisor • Underwriter Roy is providing. USDA Rural Development funds, Municipal Financing combined with their strong commitment, will insure that Calera is prepared to address their future growth and challenges,” said Steve Pelham, State Director of USDA Morgan Keegan & Company, Inc. Rural Development. Public Finance Group The project will come together in three phases. First, Tom Barnett ¥ Larry Ward the capacity of the current system will be doubled from Frank Kohn ¥ Fred Major 750,000 gallons per day to 1.5 million gallons per day. Second, corrections will be made to prevent surface water, mostly from areas on Highway 31, from getting into the system. Morgan Keegan Center The third phase of the project will be the Northend Waste 2900 Highway 280, Suite 100 Water Treatment Plant. The new plant, located on State Birmingham, Alabama 35223 Highway 70, will serve northern sections of Calera with a capacity of 3 million gallons per day, bringing the total 417 20th Street North capacity of the system to 4.5 million gallons per day. Birmingham, Alabama 35203
“By making this commitment to improvements of our 800/753-6619 ¥ 205/802-4276 system, the city will be able to continue its growth for the next 30 years,” said Calera Mayor George W. Roy. Members New York Stock Exchange, SIPC
Did You Know
How much trash is generated after Christmas? In a recent Huntsville Times article, the number of “extra tons” The Power To of waste disposed of days after the holiday were documented. On the Monday and Tuesday after Christmas Save A Life this year, Huntsville sanitation crews collected more than 1700 tons (or 3.4 million pounds) of garbage and trash – Defibrillators to the Rescue almost twice the 973 tons normally collected on “non- Each year Sudden Cardiac Arrest (SCA) strikes Christmas season” days. This year’s numbers are also well more than 250,000 persons ... less than 5% survive!! above last year’s Christmas 2002 total of 1,379 tons. The Huntsville sanitation crews serve 52,000 households. Changes of survival from SCA are increased dramatically if an electric shock is delivered within the first few minutes. GARVER|ENGINEERS That’s why more and more municipalities are Since 1919 placing Automated External Difibrillators (AEDs) in Municipal • Commercial • Government their offices, vehicles, schools and parks. • Civil Engineering Design, Planning, and Land Surveying Give your employees and citizens the power to save • Transportation Projects: Airports, Roads, Bridges lives by selecting a dependable, easy-to-use and rugged AED. • Water and Wastewater Systems; Environmental Engineering • Water Resources, Hydrology & Hydrogeology Our friends at the Alabama Municipal Electric Authority have agreed to make Philips HeartStart • Environmental Assessments and Studies FR2+ AEDs available to the League’s member • Grant Writing Assistance cities and towns at a significant discount.
256-534-5512 www.garverengineers.com For more information, call Tom Bartels at AMEA 218 Holmes Ave. NE, Huntsville, AL 35801 1-800-239-AMEA(2632) to discuss your situation [email protected] or arrange a demonstration.
18 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES
THE LEGAL
By Ken Smith VIEWPOINT Deputy Director/Chief Counsel Effective Lobbying Begins at Home Since the Regular Session of the Alabama Legislature Take a position early and follow through. Establish convenes this month, printed below are some tips that may a quick and simple procedure to enable your city or town to help municipal officials prepare for the next legislative take positions on bills discussed in the Legislative Bulletin months. and on other bills of interest to your area. Municipalities use a variety of ways to determine their Stay well informed. The League posts a weekly Leg- positions on bills. A good place to start is the League’s State- islative Bulletin to our website (www.alalm.org) that high- ment of Policies and Goals, which enumerates the official lights priority bills as they move through the legislative pro- association stance on a variety of issues. It is important to cess and serves as a way for the League to request action take a position early in the legislative process because there from municipal officials. The Bulletin is the main communi- is a greater opportunity to have an impact on the outcome cation between the League and member cities and towns of a bill. Also, officials will be prepared to respond quickly on legislative issues. to subsequent requests for action. We urge all officials to promptly read the Bulletin and Most important, provide follow-up responses as re- to communicate with other officials and employees who may quested throughout the legislative session. Bills are heard need to be informed about legislative actions. Information before several committees, and letters are not usually dis- on the status of bills not included in the report can be ob- tributed with the bills as they travel through the process. It tained by calling League Headquarters. When quick action is vital to continue to respond immediately to requests for is needed, the League will contact officials via e-mail, fax letters and telephone calls even though you may have re- messages and telephone calls. sponded at an earlier time in the session. The Bulletin is posted by Friday afternoon during the Legislators need to hear from municipal officials. Oth- session. We encourage each official to visit the League erwise, they are forced to make decisions on important lo- website often for updates. Links to important state legisla- cal issues without knowing the impact on municipalities in tive websites are also posted on the League site. their districts. The importance of contacting a legislator on time can- Place someone in charge. Make sure one person is not be overemphasized. The most eloquent letter or phone responsible for immediate review of the Legislative Bulletin call does no good if it arrives after a vote. If your city or and for initiating a timely response by your city or town. town has an established position on a piece of legislation, This person generally duplicates the Bulletin (which can be officials should be able to send, with little or no delay, fol- downloaded from our site at www.alalm.org); distributes it low-up letters if requested in the Legislative Bulletin or by to all councilmembers; and coordinates any follow-up re- the League staff. sponses needed. During the busiest periods of the legisla- In addition to contacting your district legislators, letters tive session, a response from your city or town may be should also be sent to the chair of the legislative committee needed in less than in one or two days and, occasionally, in where a bill is pending so your position will be recognized. one or two hours. Therefore, it is vital that someone as- Copies should also be sent to the author and/or sponsor of sume responsibility for coordinating the response from your the bill, to committee members and to League Headquar- municipality. continued next page
ALABAMA MUNICIPAL JOURNAL • February 2004 21 ters. For clarity, each letter should cover only one bill Collaborate with community groups. Establish posi- and should reference the bill number in a separate line tive links with community groups to explore potential col- close to the top of the page. laborative legislative action. The local chamber of commerce, voters organizations, taxpayers associations and other busi- Resolutions and letters are effective. Single reso- ness, professional and community groups can be natural allies lutions alone may not create much of an impact. But, if a on certain issues since the health and well-being of your resolution is combined with resolutions on the same subject community are in their best interest as well as yours. from neighboring municipalities, the impact may be great. A letter with a resolution attached may have the most im- Establish a working relationship with the media. pact. Local editorial support or opposition can be extremely help- ful on many priority bills. Consider sending letters to the Say thanks. Remember to thank legislators regularly editor or by-lined opinion editorials which are based on solid and publicly for their work and their support, and their votes. information you provide about the local impact of legislation Never discount the importance of a thank you. Few people under consideration. A copy of letters to the editor or op-ed remember to thank their legislators and they clearly remem- pieces should also be forwarded to the League. ber those who do. Recognition at council meetings, presen- tation of certificates or plaques or a letter to the editor praising Stick with it. Some issues come up year after year. It the responsiveness of legislators to local needs can be ef- is a fact of life in public policy-making that some things just fective public ways of saying thanks to your representa- take time. Consistent participation by a municipality year tives. after year is essential to long-term success in the legisla- A word of caution: avoid public criticism of your ture. legislator’s actions. Some members of the legislature rarely vote with cities and towns yet come through on cru- Follow the Golden Rule. Approach legislators the way cial votes. Taking them to task in a public forum for a se- you, as a municipal official, want to be approached by your ries of votes on relatively unimportant issues can lose their constituents: with courtesy and respect. votes permanently on much more vital issues. It is much more effective to sit down with a legislator in private to discuss areas of disagreement. NLC-Sponsored
Keep the League staff informed. Always send the Regional Meeting League copies of your letters. The staff needs to know to whom you write, when you write and what you say. And, if on Youth you receive a response from a legislator, let us know about that also. The League staff reads your letters and incorpo- Participation rates your arguments and local circumstances into testimony Participation before committees when required. Staff members also cite Register now for the February 28, 2004 regional your letters when they talk with legislators. meeting on “Promoting Youth Participation in Local Government.” This one-day meeting will be held in Meet regularly with your legislators. Correspon- Orlando, Florida, and is being co-sponsored by the dence with legislators on issues of importance to cities and National League of Cities. The event will bring towns will be more meaningful if an on-going personal rela- together municipal officials, youth and municipal tionship has been established with senators and representa- government staff who are interested in beginning or tives. Like most municipal officials, you probably run into enhancing local youth engagement efforts. your legislators at community events. Workshop topics will include building youth-adult In addition, it is important to meet formally at least once partnerships and forming youth councils. This event a year with each of your lawmakers to review key League is made possible through the support of the MetLife and municipal issues. Be sure to meet with Congressional Foundation. representatives as well. There is no substitute for knowing Registration is free, but space is limited; so your federal and state lawmakers, as well as key members register today! For more information, visit of their staffs, so that an immediate and effective contact www.nlc.org/iyef, or contact Alicia Johnson at can be made when necessary. 202/626-3046 or [email protected].
22 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES The Municipal Trouble Shooter Good News/Bad News for Municipal Liability Ken Smith, Deputy Director, Chief Counsel A recent decision by the Alabama Supreme Court reads a (Ala.1983) and Ziegler v. City of Millbrook, 514 So.2d 1275 little like a good news, bad news joke for municipalities. First, (Ala.1987). the good news. The Court held that municipalities do not In these two cases, the Court held that by creating undertake a legally enforceable duty to provide skillful fire professional fire departments, the municipalities had protection when they create a volunteer fire department. The undertaken a duty to provide skillful fire protection. Further, Court also held that volunteer firefighters are immune from if the unskillfulness of the firefighters employed by these liability for negligence under the Volunteer Service Act, and, municipalities breached that duty, the respective cities would thus, a municipality cannot be vicariously liable. be directly liable for the breach. Now, the bad news. The Court examined the potential The Court in the Brighton case distinguished these cases, liability for the actions of a municipal police officer and appears though, finding a difference between a municipality’s operation to substantially narrow the applicability of the substantive of a professional fire department and a volunteer department. immunity rule. The Court concluded that this is so because “in creating a Obviously, this is no joke, nor is there anything humorous volunteer fire department, a city is relegated to the vagaries in the facts which led to the case. A family home was destroyed of volunteer manpower, the undertaking by the city is too by fire, always a tragic event, despite the efforts of a municipal indistinct to support a legally enforceable duty to provide skillful volunteer fire department. The alleged liability of the municipal fire protection.” police department arose because an officer refused to allow Unfortunately, the Court specifically stopped short of the plaintiff homeowners to reenter the home and fight the stating that volunteer fire departments are shielded from fire themselves. The case is Hollis v. City of Brighton, ___ liability by substantive immunity. The holding does, though, So.2d ___, 2004 WL 42906 (Ala. 2004). Read on for a more provide two very good conclusions for municipalities. complete discussion of this case. Following this decision, it is clear that, first, the operation of a volunteer fire department does not create a legally enforceable Fire Department Liability duty on the municipality to provide skillful fire protection. At the time of the fire in this case, the City of Brighton And, second, a small fee, such as the 10 dollars paid in this operated a municipal fire department consisting of case, does not alter the status of volunteer firefighters, thereby approximately nine local residents who serve on a voluntary making them subject to liability. basis. The department had three trucks. No firefighters stayed The Court reached one other conclusion on the issue of at the station, and the volunteers kept their uniforms at home. firefighter liability that benefits municipalities. The Court held Firefighters were notified of fires by pager and responded by that volunteer firefighters are immune from liability due to the dressing at home and reporting to the station. Testimony Volunteer Service Act, Section 6-5-336, Code of Alabama, revealed that not all firefighters were able to attend every fire 1975. Further, because the liability of the employer (master) because of private jobs and other circumstances that prevented under the rule of respondeat superior depends upon the liability them from responding. of the employee (servant), the Volunteer Services Act also The plaintiffs first argued that the firefighters in this insulates municipalities from liability for the actions of their situation were not true volunteers because they received what volunteer firefighters. was categorized by the Court as a 10-dollar expense stipend per fire. The Court held that since no evidence was presented Police Department Liability to demonstrate that the 10 dollars was intended as The disturbing aspect of the Brighton case comes from compensation rather than expenses, payment of this money the Court’s discussion of the liability of the police department. did not change the volunteer status of the department or of And, largely, that concern stems from two sentences: the firefighters themselves. “Substantive immunity, as it applies to police services however, The trial court granted the municipality a summary immunizes only decisions of the governing authorities of a judgment on the liability for the operation of the fire department municipality not to deploy police officers or not to deploy “based upon substantive and discretionary immunity.” On more police officers for a particular service. Substantive appeal, the plaintiffs argued that substantive immunity does immunity does not immunize a municipality from vicarious not protect a municipality for operating a fire department, liability for the tortious act of a particular police officer.” citing Williams v. City of Tuscumbia, 426 So.2d 824, 825 continued next page
ALABAMA MUNICIPAL JOURNAL • February 2004 23 (Citations omitted.) to the context of police activities and held that the facts of This appears to be the first time that the Court has so the case did not justify applying the substantive immunity severely limited the applicability of substantive immunity. rule. The Court did not indicate in any way that the rule Admittedly, the substantive immunity rule is intended to be applies only where a municipality is determining how many narrow, essentially applying only where the cost of holding officers to assign. a municipality liable is outweighed by the benefit the public Nor was this limitation of the rule discussed in the other receives when the municipality is protected by immunity. cases cited by the Court. See, Calogrides v. City of Mobile, Nowhere, though, has the Court made a blanket statement 475 So.2d 560 (Ala.1985), Garrett v. City of Mobile, 481 that substantive immunity was intended only to protect a So.2d 376 (Ala.1985), and Nichols v. Town of Mount Vernon, municipality where the municipality is assigning officers. 504 So.2d 732 (Ala.1987). In fact, the Court in the Nichols In fact, the cases cited by the Court for support instead case stated simply that “the failure to provide police protection indicate that substantive immunity has a broader sphere of or the alleged inadequacy of police protection will not supply operation. the basis for a tort action against a city.” The Court did not For instance, in City of Birmingham v. Benson, 631 So.2d find that these are the only situations where substantive 902 (Ala. 1993), the Court held that the rule applies “in those immunity is appropriate. narrow areas of governmental activities essential to the well- The Court remanded the case to the trial court to develop being of the governed, where the imposition of liability can facts to determine whether the actions of the police officers be reasonably calculated to materially thwart the City’s in this case amounted to negligence. The City is liability only legitimate efforts to provide such public services. ... if these actions were negligent. Thus, the finding that [substantive immunity] must be given operative effect only substantive immunity should not apply in this case does not in the context of those public service activities ... so laden automatically subject the municipality to liability. The Court’s with the public interest as to outweigh the incidental duty to conclusive limitation on the extent of substantive immunity, individual citizens.” though, may restrict the application of the rule in future cases. And, in Borders v. City of Huntsville, [Ms. 1020452, July 25, 2003] — So.2d ——, —— (Ala.2003), the Court And that could be very bad news. noted merely that substantive immunity has been extended Laughing yet? LegalLegal NotesNotes
Lorelei A. Lein League Counsel
COURT DECISIONS FROM OTHER Elections: The municipal officers of a municipality JURISDICTIONS incorporated after the 2000 general municipal election, hold office until the 2004 general municipal election and until Environment: A Clean Water Act citizen suit alleging that their successors are elected and qualified. 2004-046. a city’s mosquito spraying program discharges pollutants into navigable waters without a required permit is not barred Ordinances: An ordinance intended to be of permanent by the fact that the Federal Insecticide, Fungicide, and operation that is introduced at a regular council meeting Rodenticide Act does not provide for citizen suits. No may subsequently be considered by the council at a properly Spray Coalition v. New York City, 351 F.3d 602 (2nd called special meeting. 2004-053. Cir. 2003) Council and Councilmembers: In municipalities with Prisoners: The Religious Land Use and Institutionalized populations of less than 12,000 where the council consists Persons Act, which bars the imposition of a substantial of five councilmembers and the mayor, four members of burden on prisoners’ religious exercise unless the the council constitutes a quorum. The mayor may be counted government shows that such burden is the least restrictive for purposes of determining a quorum. 2004-054. means of furthering a compelling governmental interest, has a secular purpose, does not have the primary effect of advancing religion, and does not foster government entanglement with religion, and therefore does not violate Mark Your Calendars the establishment clause. Madison v. Riter, — F.3d — , th 2003 WL 22883620 (4 Cir. 2003). Convention 2004 ATTORNEY GENERAL OPINIONS
Fire Protection: A volunteer fire department is exempt will be held from county building inspection fees. 2004-044. NOTE: While this opinion is specific to the inspection fees charged May 22-25 in by counties, the same analysis would apply to municipalities. Birmingham!
ALABAMA MUNICIPAL JOURNAL • February 2004 25 Federal Legislative and Regulatory Issues
Mary Ellen Wyatt Harrison Staff Attorney
No Child Left Behind Funding of volunteers who assist victims and first responders during President Bush recently announced proposed increases disaster situations. An online, independent study course is for Title I funding for disadvantaged students and the now available to new and current Community Emergency Individuals with Disabilities Education Act (IDEA). In the Response Teams (CERTs) members. 2004 Fiscal Year budget proposal the President proposes The online training takes between six and eight hours to increasing Title I and IDEA by $1 billion each. The $1 billion complete. The training consists of an introduction to CERT each is below the amount authorized for each of these and lessons on fire safety, hazardous material and terrorist projects. Last year the President’s proposed budget provided incidents, disaster medical operations, and search and $9.7 million less than the amount authorized in No Child rescue. A certificate is awarded upon completion. The Left Behind, which included a 40 percent cut in afterschool Federal Emergency Management Agency (FEMA) is programs. After extreme lobbying efforts, many of the offering the Introduction to Community Emergency afterschool programs were restored. In the President’s Response Teams, or to anyone interested in CERT. The proposal, funding for disadvantaged students is $7 billion course is located at http://www.training.fema.gov/ below the amount promised in No Child Left Behind. emiweb/is/is317.asp.
Funding for Housing, Workforce Programs May Be Artistic Excellence Applications Due March 15, 2004 Cut in FY 05 Applications for the Grants for Arts Projects (GAP) The federal deficit is threatening to top the $500 billion from the National Endowment for the Arts are due March mark this year. In light of that President Bush will be looking 15, 2004. The programs that are eligible for the grants are for ways to cut costs in 2005 Fiscal Year, and domestic listed below with contact information for each discipline or programs and services could be the first to feel the pinch. field. The president’s FY 05 budget proposal aims to reduce the deficit by limiting spending on housing vouchers, health care Dance for veterans, and job training and employment programs. Regional and national tours; home-based performances; Some say the deficit is the result of domestic program commissioning and development of dance works and the expenditures spiraling out of control. But according to the restaging of repertory; residencies and choreography Center on Budget and Policy Priorities (CBPP), funding for workshops for artists; touring dance company presentations; domestic discretionary programs outside homeland security dance festivals; and services to dancers, choreographers – if the FY 04 omnibus spending bill is enacted upon and companies, including convening, data collection, Congress’ return – would increase from $336 billion in 2001 information sharing and technical assistance. Contact: (202) to $389 billion in 2004. If inflation is taken into account, this 682-5739. More information: http://www.arts.gov/grants/ represents a 9.8 percent increase. apply/GAP05/Dance.html. President Bush is also expected to request additional funding for programs to train more nurses, encourage sexual Design abstinence among teenagers and recruit volunteers for Innovative projects, which include competitions; homeland security response activities. commissions; community workshops surrounding new projects; exhibitions of recent works; publications of FEMA Offers Online Training for Community advances in design or design theory; and conferences, Emergency Response Teams symposia and other gatherings that promote innovation is Community Emergency Response Teams are comprised
26 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES design practice. Contact: (202) 682-5797. More information: performances of new works; residency activities; http://www.arts.gov/grants/apply/GAP05/Design.html. professional artistic development and training programs for musicians; and services that reach a broad constituency of Folk and Traditional Arts music organizations or musicians. Contact: (202) 682-5590 Presentations of Living Cultural Heritage, including (for organizations with names that begin A through L); (202) public performances, exhibitions, festivals, workshops and 682-5487 (for organizations with names that begin M through demonstrations, touring and media such as film, video, radio Z). More information: http://www.arts.gov/grants/apply/ and the Internet. Contact: (202) 682-5678. More GAP05/Music.html. information: http://www.arts.gov/grants/apply/GAP05/ Folk.html. Musical Theater Creation of New Work and 2004-05 Musical Theater Literature Productions, which include commissioning, development, and Literary Publishing projects, such as the publication, production of new musicals and musical adaptations; production, promotion and distribution of books and development programs and labs for new musical theater magazines; payments to writers; efforts to increase book work; and production or presentation of existing sales/magazine circulation and expand readership; and online contemporary musicals and work from the musical theater publishing projects. Contact: (202) 682-5771. More canon that will occur during the 2004-05 season (with project information: http://www.arts.gov/grants/apply/GAP05/ activities beginning on or after Jan. 1, 2005). Contact: (202) Lit.html. 682-5509. More information: http://www.arts.gov/grants/ apply/GAP05/Musicaltheater.html. Local Arts Agencies Marketing, box office and audience development Opera activities; conferences, convening workshops, technical New productions of traditional and contemporary works; assistance, leadership training, and other professional remountings of existing productions; world, national and development opportunities for artists; subgranting for service regional premieres; commissioning and development of opera activities on behalf of local arts agency’s constituents; and works; touring, especially to those areas and constituencies community-wide cultural planning. Contact: (202) 682-5586. that are underserved including schools; programs that provide More information: http://www.arts.gov/grants/apply/ access to and experience with the art form for adults, GAP05/Locals.html. children and intergenerational groups; professional development programs for artists who have finished their Media Arts conservatory training and are emerging on the professional Exhibition of film/video art; national or regional stage; documentation, preservation and conservation of distribution of film/video/audio art; and preservation of film/ America’s opera heritage; and services to opera companies, video/audio artworks and services that support preservation singers, composers and librettists. Contact: (202) 682-5700. efforts. Contact: (202) 682-5742. More information: http:/ More information: http://www.arts.gov/grants/apply/ /www.arts.gov/grants/apply/GAP05/Media.html. GAP05/Opera.html.
Multidisciplinary Presenting Creation and presentation projects; residencies; artistic Presentations in any combination of performing arts training; and technology and new media. Contact: (202) 682- disciplines. Presentation projects may include ancillary 5658. More information: http://www.arts.gov/grants/ activities such as lecture-demonstrations and workshops; apply/GAP05/Multi.html. commissioning/producing new performing arts works or remounting significant works; and collaborations with other Museums presenters and/or community organizations. Contact: (202) Special exhibitions including catalogues; residencies; 682-5658. More information: http://www.arts.gov/grants/ commissions or public art; and services to the field. Contact: apply/GAP05/Presenting.html. (202) 682-5576. More information: http://www.arts.gov/ grants/apply/GAP05/Museums.html. Theater Creation of New Work and 2004-05 Musical Theater Music Productions, which include commissioning, development and Public presentations and performances of artistically excellent works; commissions, premieres, and subsequent continued page 29
ALABAMA MUNICIPAL JOURNAL • February 2004 27 production of new musicals and musical adaptations; Parameters.” Though it is not required, applicants who can development programs and labs for new musical theater provide “a reasonable amount of matching funds” are work; and production or presentation of existing preferred. contemporary musicals and work from the musical theater canon that will occur during the 2004-05 season (with project Applications must include: activities beginning on or after Jan. 1, 2005). Contact: (202) 1) financial statements that clearly document the 682-5509 (for organizations with names that begin A through organization’s financial need; H); (202) 682-5511 (for organizations with names that begin 2) evidence that existing financial resources already are I through Q); (202) 682-5020 (for organizations with names committed and, therefore, are not available for E-9-1-1 that begin R through Z). More information: http:// upgrade activities; and www.arts.gov/grants/apply/GAP05/Theater.html. 3) information on how the proposed upgrades would facilitate the deployment of wireless E-9-1-1 location Visual Arts technology. Exhibitions; residencies; periodicals, publications, or catalogues; and commissions or public art. Contact: (202) Project budgets are the most important component of 682-5555. More information: http://www.arts.gov/grants/ the application, and they are acceptable only if they are apply/GAP05/Visualarts.html. complete; consist strictly of items that the PSFA funds; contain line item details and prices for all project E-9-1-1 Technology Facilitated by Grant Program components; and are accompanied by a narrative that The deadline to apply for the fourth and final round of describes the function of each item in the budget. funding for wireless E-9-1-1 implementation and The funding is typically for one year. Sometimes, enhancement projects from the Public Safety Foundation however, programs will be supported for up to three years. of America (PSFA) is just around the corner. The Proposals for projects lasting more than one year must organizations that are eligible are those that need financial demonstrate that multiyear support is essential to starting assistance to upgrade or acquire wireless E-9-1-1 up the new initiative and those specific, measurable technology. Each applicant can request up to $100,000. If outcomes will result. Annual evaluations also will be required needed, the applicant can request additional funding; of multiyear endeavors. however, if additional funding is requested, the applicant must To apply for assistance, organizations must first complete justify the need for additional assistance. a pre-application questionnaire. Pre-applications are due Wireless E-9-1-1 technology enables public safety March 5, 2004. They can be obtained online at http:// answering points (PSAPs) to geographically locate calls to www.psfa.us, or by calling (386) 322-2500. Upon 9-1-1 from mobile phones and, subsequently, improve completion, they should be sent by e-mail to emergency response times. [email protected]. If responses to the questionnaire Public safety and nonprofit organizations are eligible for indicate that a proposal satisfies PSFA guidelines, pre- grants in the following areas: planning and coordinating; applicants will receive full grant applications. The deadline PSAP equipment and technology; strategic deployment to submit a formal grant application is April 5, 2004. initiatives; and education. Planning and coordinating funds For more information, contact the PSFA’s Grants and could be used to determine how to best implement wireless Program staff, (386) 322-2500; e-mail, E-9-1-1 location technology for a single PSAP, or for county, [email protected]. regional or statewide coordination. Grants under the PSAP Equipment and Technology category support hardware and DOI Seeks Applications for Water Purification software purchases, upgrades, telephone circuit installations Research Program and database creation. Efforts to address implementation The Department of the Interior (DOI) is accepting pre- challenges and issues related to improving the overall quality proposals for the Desalination and Water Purification of an E-9-1-1 system are eligible for funds under the Strategic Research and Development (DWPR) Program. The Deployment Initiatives area. The Public Safety Foundation Department is seeking studies and research aimed at of America also funds the development of programs that reducing the cost of desalting and water purification educate public safety agencies and others about the processes. importance of wireless telephone location technology. Specific activities funded under the program – as well continued next page as projects that are not eligible for funding – are listed online at http://www.psfa.us, under the link entitled “PSFA Funding
ALABAMA MUNICIPAL JOURNAL • February 2004 29 Local governments, public housing authorities, and 1) how they engaged the community – as well as nonprofit organizations are some of the entities eligible for nontraditional audiences – through the program; DWPR funds in five research areas: membrane process; 2) their role – as well as the role of the music director thermal process; nontraditional and alternative desalination; – in shaping or participating in the program; ancillary and economic improvements; and concentrate 3) whether the program involves partnerships with issues. other organizations to further community outreach Grantees will need to match at least 50 percent of the project initiatives; cost. 4) how the program has enhanced and strengthened The deadline to submit a pre-proposal – which cannot the orchestra’s role in the community as a “cultural exceed six pages in length – is March 27, 2004. Pre- citizen”; proposal packages can be obtained online at http:// 5) how the program offers a new approach to the www.usbr.gov/pmts/acquisitions/AAMSsol.html. Though traditional challenge of audience development and pre-proposals are not mandatory, DOI encourages diversity; applicants to submit them. 6) how other orchestras could learn from the program; and Orchestras Eligible for Funding 7) the impact and success of the program. The American Symphony Orchestra League is soliciting applications for the 2004 MetLife Awards for Excellence in Members of the American Symphony Orchestra Community Engagement. These awards recognize League are eligible for $7,500 each. Three orchestras will orchestras of all sizes that have instituted programs that be recognized this year. Applications can be downloaded have effectively engaged their communities and would serve from www.symphony.org/edu/metlife/index.shtml. as models for other orchestral groups. For more information, contact Polly Kahn, (212) 262- The awards are based on the following: engagement, 5161; e-mail, [email protected]. orchestra involvement, collaboration, community involvement, innovation, replication and measurable results. Therefore, in their applications, orchestras must explain:
30 Official Publication: ALABAMA LEAGUE OF MUNICIPALITIES PUT OUR EXPERIENCE TO WORK FOR YOU. Over 300 Alabama Municipalities Have.
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