Legislative Report Alabama 2021: First Week

The Alabama legislature began its annual ordinary session on Tuesday, February 2nd. Since the annual meeting is legally limited to 30 meeting days within a period of 105 calendar days, the meeting must be completed by May 17, 2021. In general, the legislature meets on Tuesday and Thursday of each week, with Wednesday being the main day for committee meetings. Due to the COVID-19 pandemic, lawmakers met on all three days this week, will meet on all three days next week and take at least one week off to assess the situation.

Speaking to lawmakers and the public on Tuesday night after the session, Governor Kay Ivey said the budgets she proposed would include a 2 percent pay increase for teachers and government employees, as well as targeted funding increases for various programs, including the Department of Early Childhood Education, Careers and Engineering, include initiatives, Math and Science Initiative, Mental Health Department, and Corrections Department.

The Education Trust Fund budget and General Fund budgets were introduced into legislation last week. The Education Trust Fund for FY2022 is $ 7.65 billion, an increase of more than $ 440 million over the current fiscal year. The General Fund has a budget of $ 2.45 billion, an increase of $ 31 million over the current year's budget.

In the first three days of the session, 550 bills were introduced: 351 in the House of Representatives and 199 in the Senate.

The legislature will return to Montgomery on Tuesday, February 9, for the fourth day of session, with the House meeting at 1 p.m. and the Senate meets at 2 p.m.

Priorities for governor and leadership

HB192 by Rep. Poole – Restoring and Extending the Alabama Jobs Act and Growing Alabama Credit to Attract New and Expanding Businesses.

Sen. Orr's SB30 – Providing Limited Civil Immunity to Corporations, Healthcare Providers, Educational Institutions, Churches, Government and Cultural Institutions Operating in this State, and Those Affiliated With These Organizations, From Certain Damages Asserted By Individuals Who Allege they were infected with or exposed to coronavirus during a declared state of emergency.

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HB170 by Rep. Garrett – To provide exclusion from Alabama individual income taxation for federal tax credits, advance payments, small business administration subsidy payments, emergency disaster loans, student loan payments, or qualified disaster relief payments and to adjust certain business taxes.

Sen. Albritton's SB36 – To revise detention restrictions for parole and parole violations and to ensure that the state reimburses the county commissions for health care bills to state probation officers and probation officers.

House

Rep. Allen HB1 – Prohibition of performing any medical procedure or prescribing or dispensing medication on or to an underage child to alter the underage child's appearance or to delay puberty.

HB 6 by Rep. Givan – Establishing a procedure to determine whether, to whom, and what portion of a law enforcement record or release of a copy may be released, and procedures to contest a refusal to disclose.

HB8 by Rep. Givan – To authorize a county or township to remove a public monument, request transfer of ownership of the memorial to the Department of Archives and History or the Alabama Historical Commission for maintenance and fair public display Repeal of the Alabama Memorial Preservation Act of 2017.

Rep. Reynolds' HB14 – Airport Authorities Exempted from Paying Sales and Use Taxes and added airport authorities to the list of government agencies that may be issued an annual certificate of exemption.

HB16 by Rep. Reynolds – Call on the Alabama Peace Officer Standards and Training Commission to provide mandatory mental health awareness training that focuses on crisis intervention concepts and require a certified law enforcement officer to enroll in a mental health awareness training course complete.

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HB21 by Rep. Nordgren – A proposed constitutional amendment to authorize lawmakers to convene a special session.

HB27 by Rep. Simpson – Creation of the Crime of Enhanced Home Repair Fraud To Enforce Reinforced criminal penalties for Home Repair Fraud committed for the repair of a residential structure damaged as a result of an event caused by the EU was declared a state of emergency governor.

HB29 from Rep. Hall – So that a registered voter can vote in absentia without apology.

HB88 by Rep. Hollis – Local school authorities are required to provide feminine hygiene products in women's toilets in schools under the jurisdiction of school authorities.

HB90 by Rep. K. Brown – Exceptionally, the aim is to prevent a person from physically holding a wireless telecommunications device, taking or recording a photo or video, or making voice-based communication while operating an automobile.

HB97 by Rep. Morris – Calling for Mental Health Awareness to be Part of Annual Training for School Staff.

HB116 from Rep. Standridge – Authorizing Secretary of State to conduct a one-time post-election pilot audit following the November 8, 2022 general election to determine the accuracy of the originally reported election result.

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HB124 by Rep. Pringle – Request previously released, self-sustaining government professional licensing agencies, agencies and commissions, as well as certain interscholastic sports organizations, to post their spending information on the public website of the board, agency, or commission, or the website of the comptroller a reasonable fee.

Rep. Pringle HB127 – Creation of the State Transportation Commission composed of five members appointed by the Governor from each region of the Department of Transportation and providing the Commission with the appointment of the Director of Transportation.

HB130 by Rep. C. Brown – Providing Additional Offenses That Would Require Mandatory Refusal of Bail.

HB131 by Rep. C. Brown – A proposed constitutional amendment that requires adequate bail in all cases except for crimes enumerated by lawmakers under common law.

HB133 by Rep. C. Brown – Detecting the crimes of assaulting a first responder, damaging a public monument, aggravated riot, and harassment at or within 10 feet of a public accommodation location; provide that a political subdivision of the state that defuses a local law enforcement agency may not receive any state grants or aid or an allocation of state revenue, and that members of the governing body may be held civilly liable for violent crimes.

HB136 by Rep. C. Brown – Designation of the Dauphin Island Sea Lab as the official aquarium of Alabama.

HB157 by Rep. Hanes – Creation of the Second Amendment Preservation Act to protect the right to keep and bear arms.

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HB161 by Rep. Rogers – Establishing the Alabama Sports Wagering Commission and enabling it to operate on the results of certain professional and college sports or sporting events.

Rep. Reynolds' HB177 – To enable a community to use electronic records and signatures in its business.

HB179 by Rep. Clarke – To provide for an increase in the number of senior executives that the director of the Alabama State Port Authority may appoint and to ensure that the terms and conditions of certain contracts entered into by the Port Authority are exempt from certain state laws Restriction of confidentiality.

HB189 by Rep. C. Brown – Providing an alternate process for the liquidation of a public park and recreational beach board under certain conditions and for the transfer of ownership of the board to the community where the public park is located, subject to approval by both the county and the community.

HB190 by Rep. C. Brown – To ensure that the public school and university board can use loan proceeds for construction, alterations, improvements, and equipment for public educational purposes at the Dauphin Island Sea Lab.

HB191 by Rep. Collins – Provide annexation of all property in overlapping police territories with the consent of all parties and all affected communities under certain conditions.

HB199 by Rep. Rogers – A Proposed Constitutional Amendment To Establish Alabama Lottery, Alabama Lottery Corporation, and Lottery Trust Fund; to provide for the allocation of the fund and to terminate the lottery and the Alabama Lottery Corporation after a specified period.

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Rep. Rogers' HB200 – Approving casino gambling in cities of more than 100,000 residents and providing licenses, regulations and controls for casino gaming operations, manufacturers and distributors of gaming machines, devices and accessories.

HB229 from Rep. Isbell – Providing a delivery service license from the ABC Board that allows the licensee to deliver beer, wine and spirits directly to anyone who is 21 years or older.

HB232 from Rep. Simpson soliciting all courts in the state to take notice of all municipal ordinances of a Class 2 ward.

HB238 by Rep. Shaver – To ensure that if a person is convicted of boating or driving under the influence, the person's boating and driving license is suspended; require a person to idle a ship under certain conditions; To make demands on the safety of boaters.

HB242 by Rep. Holmes – Revised Definitions, Prohibitions Against Disturbance, and Fines for Removal of Monuments under the Alabama Memorial Preservation Act.

HB246 by Rep. Gray – Authorizing local education authorities to offer yoga to students in Grades K-12.

HB251 by Rep. Scott – Establishing a procedure for authorizing wireless service providers to assemble, mount, or install small radio equipment on existing masts, or to install new masts on the state or agency, county, or community driveway.

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HB252 by Rep. Scott – To determine the crime of female genital mutilation.

Rep. Drummond's HB273 – Age limit for legal possession, transport and purchase of tobacco products, electronic nicotine delivery systems, and nicotine alternative products increased from 19 to 21.

HB281 by Rep. Gaston – Income tax credit extension for rehabilitation of qualified historic structures until 2029.

HB298 from Rep. Poole – To provide a 2% or 3% raise to public education workers for the fiscal year beginning October 1, 2021.

HB299 by Rep. Poole – To provide additional funding from the Education Fund budget to the Alabama Institute for Deaf and Blind, Educational Television Commission, Marine Environmental Sciences Consortium, Tuskegee University, Athens State University, and the University of West Alabama.

HB319 by Rep. Stringer – To authorize the Legislative Council to review executive ordinances issued by the President of the United States and to submit them to the Attorney General for review, and to do so when certain executive ordinances are deemed to be an unconstitutional restriction on rights by the state or a political division, or Agency is not allowed to implement the executive order.

Rep. Lawrence HB320 – State Employee Cost of Living Increase for Fiscal Year Beginning October 1, 2021.

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senate

Sen. Allen SB3 – Call on local education authorities to establish guidelines that require every K-12 public school to broadcast or approve the performance of The Star Spangled Banner at the beginning of every school-approved sporting event and at least once a week must every public K-12 school during school hours.

Sen. Allen SB5 – Removed certain restrictions on the carrying or possession of a firearm on certain property or in a motor vehicle by those with or without a concealed pistol permit.

Sen. Elliott SB6 – To provide funding received by the Alabama Department of Conservation and Natural Resources under the Gulf of Mexico Energy Security Act (GOMESA) 2006 for the protection, restoration and protection of coastlines.

Sen. Elliott's SB8 – To ensure a homeowners association or condominium association does not prohibit the Alabama state flag from being displayed on residential properties within the association.

Sen. Shelnutt's SB10 – Prohibition of performing any medical procedure or prescribing or dispensing medication on or to an underage child to alter the underage child's sex appearance or to delay puberty.

Sen. Givan's SB11 – Exempt airport authorities from paying sales and use taxes and add airport authorities to the list of government agencies eligible for an annual certificate of exemption.

Sen. Allen’s SB12 – Proposed constitutional amendment to require local education authorities to pass guidelines requiring every K-12 public school to broadcast or authorize the performance of The Star Spangled Banner at the start of every school-approved sporting event and at least once a week at any public K-12 school during school hours.

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SB14 by Sen. A. Jones – Call on the Alabama Peace Enforcer Standards and Training Commission to provide mandatory mental health awareness training focused on crisis intervention concepts and require a certified law enforcement officer to enroll in a mental health education course graduate awareness.

Sen. Sessions SB37 – Restore the Public Service Commission to jurisdiction over certain customer complaints related to retail telecommunications services and certain telephone trunking packages.

Sen. Price's SB39 – Creation of the Crime of Compounded Home Repair Fraud To Enact Reinforced Criminal Penalties for Home Repair Fraud committed for the repair of a residential structure damaged as a result of an event struck by the EU was declared a state of emergency governor.

Sen. Beasley's SB45 – Authorizing the Secretary of State to conduct a one-time post-election pilot audit following the November 8, 2022 general election to determine the accuracy of the originally reported election result.

Sen. Melson's SB46 – Authorizing and Regulating the Cultivation, Processing, Distribution and Use of Medical Cannabis.

Sen. Elliott's SB62 – Approval of a class 8 ward not in a county with a class 2 ward and adjacent to the Gulf of Mexico to establish three entertainment districts within their corporate boundaries.

Sen. Sessions SB65 – Providing an alternate process for dissolving a public park and recreational beach authority under certain conditions and transferring ownership of the authority to the community where the public park is located, subject to approval by both counties and the community.

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Sen. Whatley SB97 – Providing a 14-day State of Emergency which can only be extended by a joint resolution of the legislature or, if the legislature is not in session, the joint proclamation of the Senate and Senate President Pro Tempore and Speaker of the House.

SB98 by Sen. Roberts – To provide exclusion from Alabama individual income taxation for tax credits, prepayments, Small Business Administration grant payments, EIDL emergency grants, targeted EIDL advances, student loan payments, or qualified disaster relief payments.

SB107 by Sen. Elliott – Restricting Police Jurisdiction of a Parish to an Area within the Police Jurisdiction of the Parish at the time of this Act's entry into force and providing for the reduction or removal of police jurisdiction.

Sen. Wagoner's SB126 – Providing a delivery service license issued by the Alcoholic Beverage Control Board that enables Licensee to deliver sealed beer and wine from certain licensed retail outlets directly to individuals in Alabama who are 21 years or older for their personal use.

Sen. Wagoner's SB138 – To enable certain winemakers to obtain a direct wine shipper license from the ABC Board of Directors to allow shipments of limited quantities of wine directly to individuals in the state for use by staff.

Sen. Singleton SB146 – Authorizes joint carriers to deliver alcoholic beverages to Alabama residents and to issue direct permits for wine shipments.

Sen. Jones SB167 – Wine Festival Authorization and authorization for a winery to conduct tastings and sell its wine at a wine festival for local or external consumption.

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Sen. Figures SB169 – To provide for an increase in the number of senior executives that the Alabama State Ports Authority director may appoint and to ensure that the terms and conditions of certain contracts entered into by the Port Authority are exempt from certain state laws Restriction of confidentiality.

Sen. Orr's SB188 – To provide a 2% raise to public education workers for the fiscal year beginning October 1, 2021.

COVID-19 bills related to pandemics

HB19 by Rep. Mooney – To provide exclusion from Alabama individual income taxation for federal tax credits or refunds resulting from federal coronavirus aid, relief, and economic security law.

HB35 by Rep. Whitt – To provide exclusion from Alabama individual income taxation for federal tax credits or federal refunds arising from federal coronavirus aid, relief, and economic security law.

Rep. Mooney HB86 – To provide Alabama Individual Income Tax Exclusion for Federal Tax Credits or Refunds under the Federal Aid, Relief and Economic Security Act (CARES) or any subsequent federal act, and for Income Tax Exclusion in Alabama and the financial institution excise tax on small business loans made under the Paycheck Protection Program.

HB98 by Rep. Whitt – Providing an Alabama Individual Income Tax Exclusion for Tax Credits or Federal Refunds arising from the Federal Aid, Relief and Economic Security Act (CARES) or any subsequent federal statute and providing for exclusion from income taxation in Alabama and the financial institution excise tax on small business loans made under the Paycheck Protection Program.

Rep. Mooney HB152 – Providing Alabama Individual Income Tax Exclusion for Tax Credits or Federal Refunds arising from the Federal Aid, Relief, and Economic Security Act (CARES) or any subsequent federal statute, and for Income Tax Exclusion in Alabama and the financial institution excise tax on small business loans made under the Paycheck Protection Program.

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HB168 by Rep. Garrett – In a state of emergency, a county health officer is prohibited from issuing an order or policy relating to the control of a pandemic or disease outbreak unless approved by the state health officer.

Rep. South HB211 – Adopting the COVID-19 Recovery Capital Credit Protection Act of 2021, increasing the amount of various types of exemptions that can be exempted, and providing and expanding the capital loan program's employment and wage requirements and related penalties.

HB214 by Rep. C. Brown – Prohibits employers from taking negative action against employees or prospective employees based on coronavirus vaccination status, and prohibition of ticket issuers from accessing entertainment based on vaccination status.

HB241 by Rep. Holmes – Providing a state of emergency after 14 days which can only be extended by a joint resolution of the legislature or, if the legislature is not in session, by a joint proclamation of the President Pro Tempore of the Senate and the Senate Speaker of the House.

HB257 by Rep. Mooney – To provide exclusion from Alabama individual income taxation for tax credits, reimbursements, Small Business Administration grant payments, EIDL emergency grants, targeted EIDL advances, student loan payments, or qualified disaster relief payments.

Sen. Orr's SB1 – To authorize the state health officer or a county health officer to employ or engage contact tracers to track down people who may have come into contact with someone infected with COVID-19 and to help maintain privacy

SB7 by Sen. Elliott – Providing an Alabama tax exclusion for federal tax credits, prepayments, or federal lending under the federal Coronavirus Aid, Relief, and Economic Security Act.

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Sen. Shelnutt's SB184 – In a state of emergency, a county health officer is prohibited from issuing an order or policy relating to the control of a pandemic or disease outbreak unless approved by the state health officer.

decisions

HJR5 by Rep. Lee – Adding to existing sales and tax exemptions for parts, components and systems used in aircraft overhauls.

HJR6 by Rep. Clarke – In honor of James K. Lyons for his contributions to the State of Alabama as director and chief executive officer of the Alabama State Port Authority.

Significant floor action in the house this week

HB170 by Rep. Garrett – To provide exclusion from Alabama individual income taxation for tax credits, advance payments, Small Business Administration grant payments, EIDL emergency grants, targeted EIDL advances, student loan payments, or qualified disaster relief payments.

HB192 by Rep. Poole – Restore Growing Alabama Loan, which allows the loan to be applied to the state portion of the financial institution's excise tax and insurance premium tax.

Rep Clouse HB231 – Provided an additional allocation of available federal funds from the Alabama Emergency Rental Assistance Fund to the Treasury Department of an estimated $ 263,236,067 for the fiscal year ended September 30, 2021.

Significant ground action in the Senate this week

Sen. Orr's SB30 – Ensuring Civil Immunity of Corporations, Healthcare Providers, Educational Institutions, Churches, Government Agencies, and Cultural Institutions Operating in This State, and Individuals Affiliated With These Institutions, From Certain Damages Asserted By Persons Who claim they contracted or were exposed to coronavirus during a declared state of emergency.

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Sen. Albritton's SB36 – To revise detention restrictions for parole and parole violations and to ensure that the state reimburses the county commissions for health care bills to state probation officers and probation officers.

Sen. Orr's SB76 – Specification of a procedure for authorizing mobile network providers to assemble, assemble or install small radio equipment on existing masts or to install new masts on the driveway of the state or an authority, a county or a municipality.

On the lighter side

A bill has been passed in the Senate to make the sweet potato an official state vegetable of Alabama. When the sweet potato comes into effect, it will be used as the official symbol of the state of Alabama (state flower), pecan (state nut), blackberry (state fruit) and lane cake (state dessert). SB171 by Senator Garlan Gudger).

Budgets

HB297 from Rep. Poole: The education budget is still pending

HB309 from Rep. Clouse: Budget of the general fund in anticipation of the funds and funds of the general fund committee

SB189 from Sen. Orr: Education budget pending in Senate Education Committee on Finance and Taxes

buzz

  • Bills introduced: 550
  • Bills that have passed the home of origin: 24
  • Bills that have passed both houses: 0
  • Invoices pending signature by the governor: 0
  • Veto bills: 0
  • Bills to amend the constitution before the referendum: 0
  • Bill: 0