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Legislature

Alabama 2024 Legislative Report: Week Ten

The Legislature will return to begin its 26th legislative day on Tuesday.

The Alabama Statehouse in Montgomery, Alabama.
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The Alabama Legislature met for days 24 and 25 in the tenth week of the 2024 Regular Session. 27 committee meetings were held throughout the week. The Legislature will return to begin its 26th legislative day (out of 30) on Tuesday, April 30, 2024 with the House convening at 1 p.m. and the Senate convening at 4 p.m.

DURING THE WEEK 

Senator Greg Albritton (SB337) and Representative Rex Reynolds (HB479) introduced bills to appropriate $30,000,000 from the Opioid Treatment and Abatement Fund for the fiscal year ending September 30, 2024. Included in the appropriation were: $1,000,000 to support the medication for opioid use disorders (MOUD) in state prisons; $5,490,000 to the Board of Pardons and Paroles to be used for substance abuse disorder treatment, recovery and facility services, prevention services and to implement a program to streamline navigation of services for people with or affected by substance abuse disorder; and $20,510,000 to the Department of Mental Health for Medicaid State Match, residential detox, prevention and improved outcomes, the 988 Crisis Line, prevention, treatment and recovery grants, a statewide marketing campaign, mental health courts, and a veterans pilot program through an RFP process. $1,000,000 each was also allocated to Auburn University College of Pharmacy and the University of Alabama at Birmingham for the study and treatment of substance abuse.

The remaining $1,000,000 was allocated to the Department of Public Health for the purchase of Naloxone, a medicine that rapidly reverses an opioid overdose, for distribution to state and local agencies. Both bills were given favorable reports by the General Fund Committees in each house. 

The Conference Committee on HB151 and HB152 by Representative Chris Blackshear on Gaming in Alabama has not had a formal meeting although talks to work out a compromise have occurred. The Conference Committee members are Senators Greg Albritton, Garlan Gudger and Bobby Singleton, and Representatives Chris Blackshear, Andy Whitt and Sam Jones. 

NOTABLE FLOOR ACTION THIS WEEK 

HOUSE FLOOR 

HB128 by Rep. Gidley: To define the term “place of worship” and prohibit a municipal historic preservation commission from designating a place of worship as a historic property or historic district, authorize a place of worship to voluntarily agree to be designated as a historic property or historic district, and to authorize a place of worship that was previously designated as a historic property or historic district to agree to that designation (Carried Over). 

HB130 by Rep. Butler: To prohibit classroom instruction related to gender identity or sexual orientation in public K-12 schools from kindergarten through the 8th grade, and to prohibit the display of certain flags and insignia in public K-12 schools (Amended in House Education Policy Committee). 

HB165 by Rep. Brown: To require written consent of a parent or legal guardian for any minor to receive a vaccination (Aa amended). 

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HB174 by Rep. Drummond: To provide that a person who discharges a firearm, explosive, or other weapon that discharges a dangerous projectile into an occupied dwelling, building, railroad locomotive, railroad car, aircraft, automobile, truck, or watercraft is guilty of a Class A felony (As substituted). 

HB210 by Rep. Ingram: To provide exceptions for the circumstances under which aliens not lawfully present in the United States are prohibited from attending public postsecondary education institutions (As amended). 

HB326 by Rep. Kiel: To rename the Alabama Film Office as the Alabama Entertainment Office , allow music albums to be included as qualified productions, set the minimum expenditure threshold for music albums to qualify for incentives, and set aside incentives for music albums until July 1 of each year. 

HB385 by Rep. Mooney: To provide that the use of any premises to distribute material that is harmful to minors is a public nuisance, further provide for the definition of “sexual conduct,” and to provide that this does not apply to college or university libraries (As substituted). 

SB9 by Sen. Coleman-Madison: To authorize a Class 1 municipality (Birmingham) to petition for judicial in rem foreclosure of municipal code enforcement and nuisance abatement liens on property that is not owner-occupied, and to recover the amount of unpaid municipal code and nuisance abatement liens and the cost of municipal code enforcement upon the court-ordered sale of property that is not owner-occupied. 

SB23 by Sen. Williams: To prohibit the manufacture, sale, or distribution of meat made from cultured animal cells (As amended). 

SB73 by Sen. Williams: To exempt the gross proceeds from the sale of materials purchased to be used as fencing for agricultural livestock purposes from the state’s sales and use tax. 

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SB231 by Sen. Orr: To condition an employer’s eligibility for economic development incentives upon the employer refraining from certain practices relating to employee representation by a labor organization (As amended). 

SB240 by Sen. Barfoot: To provide for the commitment of respondents who meet the criteria for involuntary commitment to the custody of the Alabama Department of Mental Health to include individuals suffering from a substance use disorder that occurs secondarily to a primary diagnosis of one or more mental illnesses. 

SB275 by Sen. Melson: To further specify the power of a county agricultural authority to develop commercial facilities and to use the revenue generated to support the authority’s mission. 

SB291 by Sen. Waggoner: To require mayors and members of municipal governing bodies elected on or after January 1, 2025 to participate in and complete a training course, provide for the creation of a training course, and provide for expenses incurred while participating in the training course. 

SENATE FLOOR 

HB182 by Rep. Lipscomb: To provide a method for the owner of a dwelling, or his or her agent, to request the removal of an unauthorized individual from the dwelling by providing a sworn affidavit to a law enforcement officer, and require a law enforcement officer to remove an unauthorized individual from a dwelling within 24 hours of receipt of a sworn affidavit (As amended). 

HB198 by Rep. Brown: To create the Alabama Residential Building Code Advisory Council to recommend an Alabama Residential Building Code, to be based upon the International Residential Code and the residential chapters of the International Energy Conservation Code, to be adopted by the Home Builders Licensure Board, require counties and municipalities that enforce residential building laws or codes, when adopting new codes or amending existing codes, to adopt or amend the codes in accordance with the minimum standards set by the Alabama Residential Building Code, and would require residential home builders in this state to build, renovate, and repair residences in accordance with the minimum standards set by the Alabama Residential Building Code. 

HB230 by Rep. Wilcox: To remove the requirement that corporations authorized to transact business in the state provide an annual report to the Secretary of State. 

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HB270 by Rep. Sells: To provide that an owner who is unable to redeem his or her property or the tax lien certificate would have an opportunity to receive the difference between the amount owed to the government and the value of their property as reflected by the property’s sale price. 

HB330 by Rep. Woods: To require the governing body of each public and private institution of higher education to provide annual reports to the Governor and certain legislators regarding funding received from foreign countries of concern and certain entities and individuals associated with those countries, and to define foreign countries of concern to mean the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the State of Qatar, and any other county determined to be a country of concern by the United States Department of State (As amended). 

SB60 by Sen. Orr: To provide for the allocation of funds to the Alabama Department of Economic and Community Affairs to facilitate growth in the state’s system of inland ports and transfer facilities and for the coordination of a transportation system for inland waterways (As substituted). 

SB191 by Sen. Givhan: To authorize the Alcoholic Beverage Control (ABC) Board to own its warehouses used for holding and distributing alcoholic beverages. 

SB269 by Sen. Williams: To alter, rearrange, and extend the boundary lines and corporate limits of the City of Semmes in Mobile County. 

SB309 by Sen. Livingston: To provide that the additional state sales tax rate assessed on alcoholic beverages sold in an ABC retail store shall be equal to the combined county and municipal general sales tax rate assessed in the county and municipality where the transaction occurs. 

SB317 by Sen. Smitherman: To provide that it is unlawful for a minister, priest, rabbi, bishop or other recognized member of the clergy in a position of trust or authority over a person to commit certain sex acts with an individual 19 years of age, or a protected person under 22 years of age, and provide for penalties (Senate Judiciary Committee). 

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SB319 by Sen. Albritton: To provide that a state agency may not execute a settlement agreement for a claim made against the state unless the state agency has sufficient funds available to the state agency to pay the full amount owed under the settlement agreement. 

SB324 by Sen. Coleman: To revise deadlines to qualify for a general election to accommodate national political party conventions. 

SB327 by Sen. Elliott: To authorize the articles of incorporation of a Capital Improvement Cooperative District to be amended to add new areas in which the district proposes to acquire a project or projects, authorize the use of funds of the district to pay the construction costs of the new projects, and provide that the rentals, rates, fees, and other charges fixed by the district would be required to be approved by the governing body of the county, municipality, or other public corporation if required by the certificate of incorporation (As amended). 

SB329 by Sen. Barfoot: To provide that during a certain period of time before an election, qualified candidates, principal campaign committees, and party executive committees shall be charged no more than the lowest unit rate charged by a broadcasting station for comparable advertisements. 

SB336 by Sen. Waggoner: To provide that municipalities may authorize the incorporation of a research and development corridor within the corporate limits as a public corporation for the purpose of undertaking activities or acquiring property by the corridor, use its revenues for the establishment, benefit, or support of qualified enterprises, provide procedures for the creation and dissolution of a research and development corridor, provide for the powers of a research and development corridor, and provide for the powers of the board of directors of a research and development corridor, exempt corridors from fees and charges imposed by a judge of probate and from certain taxation, and exempt corridors and their projects from competitive bid laws and from other specified state oversight (As substituted). 

NOTABLE COMMITTEE ACTION THIS WEEK 

HOUSE COMMITTEES 

HB376 by Rep. Yarbrough: To provide that state and local law enforcement agencies may enter into memorandums of understanding and agreements with the United States Department of Justice, the Department of Homeland Security, and any other federal agency for the purpose of enforcing federal immigration and customs laws and the detention, removal, and investigation of illegal aliens and the immigration status of any person in this state (Substituted in House Public Safety and Homeland Security Committee). 

HB405 by Rep. Clarke: To further provide for the powers of a municipal housing authority, and to exempt public housing authorities from all taxes (Substituted in House Ways and Means General Fund Committee). 

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HB406 by Rep. Clarke: To further provide for the powers of a county housing authority, to ratify certain acts of county housing authorities before the effective date of this act, and to exempt county housing authorities from all taxes (Substituted in House Ways and Means General Fund Committee). 

HB414 by Rep. Drummond: To provide a criminal penalty for a parent or legal guardian that does not reasonably secure their firearm which results in their minor unlawfully possessing the firearm on the premises of a public school (House Judiciary Committee). 

HB438 by Rep. Hollis: To define “heated tobacco product” and establish a new levy on these products (Substituted in House Ways and Means General Fund Committee). 

HB441 by Rep. Garrett: To allow communities that are currently eligible for state incentives through the Growing Alabama Act, the Innovating Alabama Act, or the Alabama Jobs Act to still qualify for these initiatives and incentives when the new federal map based on the federal definition of New Market Tax Credit census tracts change on September 1, 2024, if the community are made ineligible by the new map (House Ways and Means Education Committee). 

HB474 by Rep. Treadaway: To authorize any local governing body to enforce the prohibition against exhibition driving through the use of automated photographic or video traffic enforcement systems that have the ability to record violations, provide that if a violation is observed by a traffic enforcement officer or recorded by an automated traffic enforcement system, the vehicle may be impounded for a minimum of 48 hours, and provide that a violation may be committed if a person gives consent for another person to use his or her motor vehicle to commit a violation (House Public Safety and Homeland Security Committee). 

HB479 by Rep. Reynolds: To make supplemental appropriations for the fiscal year ending September 20, 2024, from the Opioid Treatment and Abatement Fund in the amount of $30,000,000 (Amended in House Ways and Means General Fund Committee). 

SB128 by Senator Melson: To abolish the State Board of Health and confer all duties and authorities to the State Committee of Public Health, to provide that the Governor will appoint the State Health Officer from a list submitted by the Committee, and set minimum qualifications for the position of State Health Officer (Amended in House Health Committee). 

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SB164 by Sen. Price: To provide limitations of liability for certain actions taken by bovines to their owners (House Judiciary Committee). 

SB193 by Sen. Williams: To provide for the salary and expense allowance of the sheriff of Mobile County (Mobile County Legislation Committee). 

SB219 by Sen. Shelnutt: To create the Agriculture Exhibition Center Corporation to operate the Alabama Farm Center, to provide for the composition and operation of the board of directors, to permit certain counties and municipalities to sell property and appropriate public funds to the corporation, permit the corporation to allow the consumption of alcohol on the center’s premises, exempt the corporation and its property from municipal ordinances and rules, to exempt the corporation and its property from certain state, county and municipal taxes, and to provide that the Alabama Farm Center is an economic development organization for the purposes of the Growing Alabama Act (Substituted in House Economic Development and Tourism Committee). 

SB260 by Sen. Chambliss: To provide for the time a public tax lien auction may be held, to further provide for fees, further provide for who may redeen a tax lien that has been auctioned or sold, and would prevent a holder of a tax lien certificate from being criminally or civilly liable for violations in certain circumstances (House Judiciary Committee). 

SB268 by Sen. Williams: To provide for the qualifications of the Mobile County Sheriff and require completion of continuing education (Amended in House Mobile County Legislation Committee). 

SB270 by Sen. Orr: To establish procedures for requesting and obtaining public records (Substituted in House County and Municipal Government Committee). 

SB323 by Sen. Price: To prohibit counties from distributing local tobacco tax proceeds to any entity whose property has been foreclosed upon or has declared bankruptcy (House County and Municipal Government Committee). 

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SENATE COMMITTEES 

HB8 by Rep. Brown: To require insurers to provide at least 90 days written notice of a property insurance policy cancellation, nonrenewal, or coverage restriction (Amended in Senate Banking and Insurance Committee). 

HB111 by Rep. DuBose: To define man, woman, boy, girl, father, mother, male, female and sex for purposes of state law, to provide policy on the differences between sexes, to provide that state and local public entities may establish separate single-sex spaces or environmentsin certain circumstances, and require the state or political subdivisions that collect vital statistics related to sex as male or female for certain purposes to identify each individual as either male or female at birth (Amended in Senate County and Municipal Government Committee). 

HB145 by Rep. Garrett: Education Trust Fund Budget ($9,348,506,169) (Public Hearing but no vote in Senate Finance and Taxation Education Committee). 

HB325 by Rep. Kiel: To require the Secretary of the Department of Commerce to appoint and establish the salary for the Director of the Alabama Film Office (Senate Fiscal Responsibility and Economic Development Committee). 

HB335 by Rep. Hill: To provide for the time a public tax lien auction may be held, to further provide for fees, further provide for who may redeen a tax lien that has been auctioned or sold, and would prevent a holder of a tax lien certificate from being criminally or civilly liable for violations in certain circumstances (Senate County and Municipal Government Committee). 

HB336 by Rep. Brown: To allow an individual who holds a state office, or another county or municipal office, to simultaneously serve as a director of a water, sewer, or fire protection authority as long as the individual is not compensated for serving as a director (Senate County and Municipal Government Committee). 

HB359 by Rep. Bedsole: To provide for the commitment of respondents who meet the criteria for involuntary commitment to the custody of the Alabama Department of Mental Health to include individuals suffering from a substance use disorder that occurs secondarily to a primary diagnosis of one or more mental illnesses (Senate Judiciary Committee). 

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SB285 by Sen. Gudger: To rename the Alabama Film Office as the Alabama Entertainment Office, allow music albums to be included as qualified productions, set the minimum expenditure threshold for music albums to qualify for incentives, and set aside incentives for music albums until July 1 of each year (Senate Finance and Taxation Education Committee). 

SB330 by Sen. Orr: To amend the definition of a “renewable energy generation facility” which is an activity eligible for incentives under the Alabama Jobs Act (Public Hearing but no vote in Senate Transportation and Energy Committee). 

SB335 by Sen. Singleton: To prohibit persons from possessing a firearm that has a part or combination of parts designed or intended to convert a firearm into a machine gun installed on or attached to the firearm (Senate Judiciary Committee). 

SB337 by Sen. Albritton: To make supplemental appropriations for the fiscal year ending September 20, 2024, from the Opioid Treatment and Abatement Fund in the amount of $30,000,000 (Senate Finance and Taxation General Fund Committee). 

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