Water Log 19.3
1999 Alabama
Legislative Update
Stacy
Prewitt, 2L
The
following is a summary of legislation affecting coastal, natural
and water resources enacted by the Alabama legislature during
the 1999 session.
1999
Alabama Laws 203. (SB 251) Enacted May 20, 1999. Effective May
20, 1999.
The
act makes corrections to the 1998 Cumulative Supplement of Alabama,
§ 33-4-48, asserting the pilotage fee for every vessel
crossing the outer bar of the Mobile Bay, authorizing set fees
for special services rendered by the pilots and omitting pilotage
for certain vessels trading between a domestic port on the Gulf
of Mexico and the Port of Mobile.
1999
Alabama Laws 396. (SB 92) Enacted June 9, 1999. Effective September
1, 1999.
Amends
§ 9-17-33 to allow an accumulation during one year of $100
in oil and gas proceeds prior to payment to an oil and gas royalty
owner or working interest owner. In addition, the Act requires
a minimum annual payment and allows owners to be paid more frequently.
1999
Alabama Laws 440. (HB 637) Enacted June 11, 1999. Effective
September 1, 1999.
Amends
§ 30-3-170 to include sporting licenses in the category
of licenses that can be withheld, suspended, revoked, or restricted
if a license holder fails to pay child support. In addition,
this Act amends § 30-3-194 to require an agency issuing
a recreational or sporting license to include the applicant's
social security number on the application and any related agency
records. The Act amends § 30-3-193 to remove the restriction
that information would be released to the state's Title IV-D
agency only "if readily available."
1999
Alabama Laws 442. (HB 664) Enacted June 12, 1999. Effective
September 1, 1999.
Amends
§ 9-11-257 to prohibit hunting with certain firearms and
ammunition within 50 yards of public roads, highways, or railroads
or their rights-of-way, with certain exceptions, and provides
penalties for violations.
1999
Alabama Laws 446. (SB 378) Enacted June 12, 1999. Effective
June 12, 1999.
Creates
the Alabama Improvement Districts Act, which establishes improvement
districts and provides for the issuance of revenue bonds to
finance certain improvements within those districts, such as
streets, water systems, sewers, sidewalks, and recreational
facilities.
1999
Alabama Laws 570. (HB 270) Enacted June 18, 1999. Effective
June 18, 1999 and applies retroactively to all open tax
years.
Amends
§§ 40-23-1 and 40-23-60 regarding sales and use taxes
to exempt from the term "gross proceeds of sale" the refinery,
residue or fuel gas that has been generated by or is a by-product
of a petroleum-refining process and is then utilized in the
process to generate heat or is otherwise utilized in the distillation
or refining of petroleum products.
1999
Alabama Laws 571. (HB 547) Enacted June 18, 1999. Effective
September 1, 1999.
Creates
the Alabama Onsite Wastewater Board to examine, license, and
regulate persons engaged in the manufacture, installation, or
servicing of onsite wastewater systems and equipment. The purpose
of this Act is to insure the proper functioning of onsite septic
tank systems and avoid any damage to the public health or the
environment.
1999
Alabama Laws 579. (HB 9) Enacted June 18, 1999. Effective September
1, 1999.
Amends
§§ 9-16-2, 9-16-5, 9-16-7, 9-16-8 and 9-16-12 to include
new definitions. In addition, this Act requires an applicant
for a surface mining permit to submit a comprehensive reclamation
plan to the Department of Industrial Relations. It specifies
the criteria for denial of permits, establishes limits on surface
mining operations, and modifies requirements for grading and
revegetating lands after mining. The Act authorizes qualified
land reclamation inspectors to make inspections for bond releases
and allows bond forfeiture proceeds to be used to reclaim other
affected lands.
1999
Alabama Laws 584. (HB 605) Enacted June 18, 1999. Effective
September 1, 1999.
Amends
§ 9-17-25 and § 40-20-2 to extend reduced rates of
taxation to certain oil and gas wells for which an initial permit
was issued before July 1, 2002.
1999
Alabama Laws 593. (HB 674) Enacted June 18, 1999. Effective
June 18, 1999.
Amends
§ 9-16-91 to clarify and establish an exclusive and consistent
remedy designed to fully protect surface owners from actual
loss and damage to occupied dwellings and related structures,
noncommercial buildings, and land resulting from surface subsidence
associated with underground coal mining.
1999
Alabama Laws 595. (HB 390) Enacted June 19, 1999. Effective
September 1, 1999.
The
Alabama Cultural Resources Act provides that certain underwater
artifacts, archaeological finds, treasure troves, and other
resources are designated "state cultural resources," and are
regulated and protected by the Alabama Historical Commission.
The Act prohibits the taking, damaging, or other alteration
of these resources, intentionally or knowingly, without a contract
or permit from the commission. The commission has the authority
to make and enforce rules and regulations regarding a management
plan for the resources. The commission can restrict commercial
fishing in the immediate vicinity of the resources, impose criminal
penalties for violations, authorize the seizure of boats and
instruments used in violation of this Act, and direct all state
and local law enforcement authorities and officers to assist
the commission in the enforcement of this Act. In addition,
the commission has the power to grant exemptions from permitting
requirements for activities that are conducted pursuant to certain
federal permits, and to allow the curing of certain violations
where the violating activities are stopped and required permits
are sought.