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The Alabama Legislature met for Day 11, 12 and 13 of its 2023 Regular Session this past week. 29 committee meetings were held throughout the week.
DURING THE WEEK
The Legislature gave final passage to the four bill package of economic development bills (colloquially known as “The Game Plan”), and Governor Ivey signed them into law the same day:
- HB241 by Rep. Garrett: To extend the Alabama Jobs Act and Growing Alabama Act to 2028, to incrementally increase the cap over 5 years for job creation tax credits from $350 million to $475 million under the Alabama Jobs Act, and to increase the annual cap on funding approved pursuant to the Growing Alabama Act to $35 million (Act No. 2023-34);
- HB247 by Rep. Daniels: Making $25 million per year available to small business through a tax credit program (Act No. 2023-33);
- SB151 by Sen. Gudger: Requiring the publication of information related to job creation under the Alabama Jobs Act(Act No. 2023-36); and
- SB165 by Senator Orr: Making money available for the development of industrial sites (Act No. 2023- 35).
NOTABLE FLOOR PASSAGE THIS WEEK
HOUSE FLOOR
HB24 by Rep. Ingram: To prohibit an individual from loitering on a public roadway or in the right-of-way of a public roadway, and to remove the prohibition of a pedestrian soliciting employment, business, or contributions or distributing articles on a highway.
HB45 by Rep. Gray: To require K-12 coaches to undergo training and follow all health and safety guidelines related to sudden cardiac arrest, and to require the training to be coordinated with existing training requirements related to CPR and automated external defibrillators (AEDs) (as substituted).
HB52 by Rep. Drummond: To require that at least one residential transition center established by the Board of Pardons and Paroles be a women’s facility (as amended).
HB88 by Rep. Sells: To authorize a licensed manufacturer or importer of alcoholic beverages to donate a limited amount of alcoholic beverages to a licensed nonprofit special event (as amended).
HB164 by Rep. Whitt: To require public high school students to successfully complete a personal financial literacy and money management course before graduation.
HB261 by Rep DuBose: To prohibit a biological male or female from participating on an athletic team or sport designated for the opposite gender at a public institution of higher learning (as amended).
SB40 by Sen. Elliott: To provide that a municipal or county governing body, or any agency thereof, may not directly or indirectly adopt or enforce any ordinance, rule, bylaw, order, or local building code provision that would require, in the construction of a residential structure, certain latent features including wiring, plumbing, gas tubing, or framing, which features would not be operational at the time of completion.
SB68 by Sen. Chambliss: To reopen the State Police Tier II Plan to any employee of the Alabama State Law Enforcement Agency (ALEA) who is certified by the Alabama Peace Officers’ Standards and Training Committee and performs law enforcement duties.
SB131 by Sen. Figures: To rename the Alabama Board of Funeral Service and the Alabama Board of Funeral Services, and to transfer the Preneed Funeral and Cemetery Act, and the regulation of preneed contracts from the Department of Insurance to the Alabama Board of Funeral Services (as amended).
SB147 by Sen. Sessions: To provide that no municipal governing body may adopt or continue in effect any ordinance, rule, resolution, or directive that prohibits the permitting of livestock or animals to run at large upon the premises of another or public lands but does not require the same mental state as state law.
SENATE FLOOR
The Senate passed 16 Sunset bills to continue certain state agencies and boards including the Alabama Construction Recruitment Institute, the Alabama Security Regulatory Board, the Alabama Historical Commission, and the State Licensing Board for General Contractors.
They also gave final passage to the “Game Plan” bills and passed a number of local bills and resolutions during the week.
NOTABLE INTRODUCTIONS THIS WEEK
HOUSE INTRODUCTIONS
HB329 by Rep. Holk-Jones: To authorize individuals 18 to 20 years of age employed by a restaurant or hotel that is a restaurant or special retail licensee of the Alcoholic Beverage Control Board to serve alcoholic beverages under certain specified conditions.
HB331 by Rep. Clarke: To prohibit an employer from requesting the wage history of a prospective employee except under certain circumstances.
HB333 by Rep. Garrett: To allow local boards of education to adopt a modified school calendar and to offset the associated costs with grants awarded through the Alabama Modified School Calendar Grant Program.
HB335 by Rep. Brown: To further provide for acceptance by Mobile County of certain unimproved roads from private landowners, and to regulate the construction of certain other unimproved roads.
HB339 by Rep. Pringle: To provide that only during the 2024 election cycle, the runoff primary election would be held six weeks after the primary election, instead of the usual 4 weeks, as the 4 week date would place the runoff primary election 2 days after Easter.
HB343 by Rep. Chestnut: To revise the sales tax exemption for certain aircraft parts, components, and systems, to remove the provisions regarding military and transport aircraft, and to remove the provision that aircraft must be registered in another state.
HB354 by Rep. Butler: To prohibit classroom instruction related to gender identity or sexual orientation in public K-12 schools at certain grade levels and in any grade level in a manner that is not age or developmentally appropriate.
HB358 by Rep. Shaver: To establish a new classification of a criminal offense as a boating violation, to reclassify various misdemeanor boating offenses as boating violations, and to establish that the penalty for a boating violation would be similar to a penalty for a traffic infraction.
HB360 by Rep. Hassell: To remove Robert E. Lee’s birthday as a state holiday.
HB361 by Rep. McClammy: To remove Confederate Memorial Day as a state holiday.
HB368 by Rep. Daniels: To establish the employer tax credit and child care facility tax credit to incentivize employers to fund child care for their employees and provide for more readily available, affordable, high quality child care.
HB372 by Rep. Pringle: To revise the date the Legislature begins the regular session during the first year of a quadrennium from the first Tuesday in March to the first Tuesday in February, and to provide for transfer of responsibilities to the President Pro Tempore of the Senate if a vacancy occurs in the office of the Lt. Governor.
SENATE INTRODUCTIONS
SB211 by Rep. Weaver: To prohibit a biological male or female from participating on an athletic team or sport designated for the opposite gender at a public institution of higher learning.
SB214 by Rep. Weaver: To confirm that centralized motor vehicle registration is specifically prohibited and that motor vehicle registration shall remain at the county level with no centralized motor vehicle registration system provided by any state agency.
SB215 by Sen. Hatcher: To authorize counties and municipalities to adopt procedures for the installation and activation of temporary-permanent electricity or temporary-permanent gas under certain conditions.
SB216 by Sen. Hatcher: To require a unanimous vote of a jury to impose a death sentence in a capital murder case, and to require a majority vote of a jury to impose a sentence of life imprisonment without parole.
SB222 by Sen. Givhan: To revise the date the Legislature begins the regular session during the first year of a quadrennium from the first Tuesday in March to the first Tuesday in February, and to provide for transfer of responsibilities to the President Pro Tempore of the Senate if a vacancy occurs in the office of the Lt. Governor.
SB232 by Sen. Elliott: To authorize peer-to-peer car sharing programs, to enable the sharing of vehicles for financial consideration, and to provide requirements for the operation of a peer-to-peer car sharing program.
SB234 by Sen. Coleman: A proposed Constitutional Amendment to eliminate the state income tax deduction for federal income taxes for individual taxpayers, and to eliminate the state sales tax on food.
SB236 by Sen. Stewart: To require the Alabama State Commission on the Arts to oversee the construction of a statue of John Lewis at the entrance to the Edmund Pettus Bridge.
SB237 by Sen. Butler: To require a controlling governmental entity that replaces a memorial building to maintain the original name or erect a marker memorializing the name, and to require the Alabama State Council on the Arts to oversee the design, construction, and installation of a replica of the Saturn 1B Rocket, previously located at the I-65 Ardmore Welcome Center in Elkmont, Alabama, at the most norther I-65 rest stop in the state.
SB238 by Sen. Allen: A proposed Constitutional Amendment to require local boards of education to adopt policies requiring each K-12 public school to broadcast or sanction the performance of The Star-Spangled Banner at least once per week during school hours.
NOTABLE COMMITTEE ACTION THIS WEEK
HOUSE COMMITTEES
HB23 by Rep. Brown: To permit volunteer fire departments and rescue squads to use restricted funds to buy kitchen equipment and food for the fire station, and authorize mileage reimbursement to members for travel to and from a call (House Ways and Means Education Committee).
HB124 by Rep. Reynolds: General Fund Budget (Substituted in House Ways and Means General Fund Committee).
HB154 by Rep. Bracy: To provide a cost-of-living increase for state employees for the fiscal year beginning October 1, 2023 (House Ways and Means General Fund Committee).
HB190 by Rep. Wadsworth: To provide limitations of actions that may be brought in circuit court to resolve certain issues related to real estate sold for the payment of taxes and to limit the period of time for a land owner to file a motion to redeem real estate sold for the payment of taxes (Carried over in House Judiciary Committee).
HB209 by Rep. Kiel: To prohibit any person from distributing, ordering, requesting, collecting, completing, obtaining or delivering an absentee ballot application or absentee ballot of another person in certain circumstances (Public hearing and amended in House Constitution, Campaigns and Elections Committee).
HB254 by Rep. Clouse: To require the proceeds from motor fuel taxes levied by a municipality or county be used for road and bridge construction and maintenance with certain exceptions (Amended in House County and Municipal Government Committee).
HB270 by Rep. Stringer: To restrict the location or expansion of junkyards under certain circumstances (Carried over in House Ports, Waterways and Intermodal Transit Committee).
HB276 by Rep. Bolton: To provide that the highest ranking deputy sheriff, not the county coroner, would become the acting sheriff in the event the office of the sheriff is vacant or the sheriff is otherwise unable to serve (Amended in House County and Municipal Government Committee).
HB281 by Rep. Estes: To require a defendant convicted of a misdemeanor to pay housing and maintenance associated with his or her incarceration in a county or city jail (House County and Municipal Government Committee).
HB291 by Rep. Givens: To provide that industrial access roads constructed by a public corporation and used for secured entry to an industrial facility shall not constitute a taking of public property (House Transportation, Utilities and Infrastructure Committee).
HB293 by Rep. Brown: To expand tax incentives for business and enterprises who increase their cargo volume through Alabama public ports (Amended in House Ports, Waterways and Intermodal Transit Committee).
HB296 by Rep. Moore: To provide that all references to the United States Armed Forces shall include the United States Space Force (House Military and Veterans Affairs Committee).
HB297 by Rep. Lipscomb: To require the State Health Officer to issue advisories concerning fish consumption and to require the Department of Environmental Management to test fish for pollutants and post signage at water bodies notifying of an active fish consumption advisory (Amended in House Ports, Waterways and Intermodal Transit Committee).
HB301 by Rep. Ingram: To establish a list of criminal offenses deemed felonies dangerous to human life and to provide enhanced criminal penalties for the possession, brandishing, or discharge of a firearm during the commission of a felony dangerous to human life (Amended in House Public Safety and Homeland Security Committee).
HB310 by Rep. Easterbrook: To authorize counties and municipalities to adopt procedures for the installation and activation of temporary-permanent electricity or temporary-permanent gas under certain conditions (Amended in House County and Municipal Government Committee).
HB311 by Rep. Baker: To further provide for the circumstances under which the approval of a local government is needed by a solid waste management facility (House County and Municipal Government Committee).
SB9 by Sen. Chambliss: To require any approved electronic vote counting system used in an election to require the use of paper ballots (House Constitution, Campaigns and Elections Committee).
SB10 by Sen. Chambliss: To prohibit the use of electronic vote counting systems that are capable of connection to the internet or cell phone networks or that possess modem technology (House Constitution, Campaigns and Elections Committee).
SB17 by Sen. Butler: To provide that all references to the United States Armed Forces shall include the United States Space Force (House Military and Veterans Affairs Committee).
SB56 by Sen. Orr: To require local boards of education to provide for the use and maintenance of video cameras in public K-12 classrooms in which at least half of the regularly attending students receive special education services (Substituted in House Education Policy Committee).
SB71 by Sen. Williams: To provide counties and cities with alternative virtual or electronic methods for the posting of certain public notices required by law (Amended in House County and Municipal Government Committee).
SB108 by Sen. Coleman-Madison: To increase the threshold dollar amount for which competitive bidding is generally required for certain state and local public awarding authorities (House State Government Committee).
SB117 by Sen. Waggoner: To authorize a licensed manufacturer or importer of alcoholic beverages to donate a limited amount of alcoholic beverages to a licensed nonprofit special event (Amended in House Economic Development and Tourism Committee).
SENATE COMMITTEES
HB240 by Rep. Almond: To require the Department of Commerce to publish certain information regarding economic development incentives awarded under the Alabama Jobs Act (Amended in Senate Fiscal Responsibility and Economic Development Committee).
HB241 by Rep. Garrett: To extend the Alabama Jobs Act and the Growing Alabama Act sunset dates to July 31, 2028, to increase the annual cap on outstanding Alabama Jobs Act incentives by $25 million each year for five years up to $475 million, to increase the annual cap on funding approved pursuant to the Growing Alabama Act to $35 million, and to remove certain programs from the Growing Alabama Act for transfer to Innovate Alabama (Senate Finance and Taxation Education Committee).
HB257 by Rep. Garrett: To authorize the State Industrial Development Authority to make site assessment grants and site development grants to certain companies, to provide for the criteria that must be met for grant approval, to limit the funding that may be received by any site under the grant program, and to provide for an annual appropriation to the State Industrial Development Authority (Senate Fiscal Responsibility and Economic Development Committee).
SB130 by Sen. Figures: To move the observation of Robert E. Lee Day from the third Monday in January to the second Monday in October (Fiscal Responsibility and Economic Development Committee).
SB143 by Sen. Barfoot: To identify gang members and enhance penalties for gang related criminal activities (Senate Judiciary Committee).
SB163 by Sen. Williams: To authorize any county, municipality, or governmental entity subject to a countywide civil service system established by a local law to elect by a majority vote of the governing body of the county, municipality, or governmental entity to be exempt from the countywide civil service system for the recruitment and hiring of all employees (Carried over in Senate Banking and Insurance Committee).
SB166 by Sen. Givhan: To provide that Class 3 municipalities (Huntsville and Montgomery) may establish self-help business improvement districts (Senate Fiscal Responsibility and Economic Development Committee).
SB169 by Sen. Allen: To allow any business paying a municipal business license based on gross receipts to deduct from gross receipts any excise tax imposed by the federal, state, and local governments (Public hearing and vote in Senate County and Municipal Government Committee).
SB203 by Sen. Waggoner: To authorize any county, municipality, or governmental entity subject to a countywide civil service system to elect by a majority vote of the governing body to opt out of the countywide civil service system (Pulled from agenda in Senate County and Municipal Government Committee).
