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Legislature

Alabama 2021 Legislative Report: Week two

Some 646 bills have been introduced to date: 413 in the House and 233 in the Senate.

The Alabama Statehouse in Montgomery.

The Alabama Legislature convened for day four of the 2021 Legislative Session on Tuesday, Feb. 9. The Legislature met in session all three days with 21 committee meetings held throughout the week.

Some 646 bills have been introduced to date: 413 in the House and 233 in the Senate.

The Legislature will take next week off to assess the COVID-19 protocols adopted for the first two weeks and make any necessary adjustments. The Legislature will return to Montgomery on Tuesday, Feb. 23, for day seven of the session with the House convening at 1 p.m. and the Senate convening at 2 p.m.

Governor and leadership priorities

The following priority bills were passed by both Houses and signed by the governor:

  • HB192 by Rep. Poole to reestablish and expand the Alabama Jobs Act and the Growing Alabama Credit for attracting new and expanding businesses.
  • HB170 by Rep. Garrett to provide for an exclusion from Alabama individual income taxation for any federal tax credits, advance refunds, Small Business Administration subsidy payments, Emergency Injury Disaster Loans, student loan payments, or qualified disaster relief payments, and adjust certain business taxes.
  • HB231 by Rep Clouse to make a supplemental appropriation of available federal funds from the Alabama Emergency Rental Assistance fund to the Department of Finance of an estimated $263,236,067 for the fiscal year ending September 30, 2021.
  • SB30 by Sen. Orr to provide civil immunity for business entities, health care providers, educational entities, churches, governmental entities, and cultural institutions operating in this state, as well as individuals associated with these entities, from certain damages claimed by individuals who allege that they contracted or were exposed to Coronavirus during a declared state of emergency House Judiciary Committee).

Significant floor passage this week in the House

  • HB17 by Rep. Reynolds to authorize the Attorney General to submit an application to a circuit court judge to intercept any wire or electronic communication if there is probable cause to believe an individual is committing, has committed, or is about to commit certain felony drug offenses.
  • HB135 by Rep. Brown to exempt from the crime of possession of a gambling device, under certain limited circumstances, slot machines manufactured before 1960.
  • HB116 by Rep. Standridge to authorize the Secretary of State to conduct a one-time post-election pilot audit after the November 8, 2022 general election to determine the accuracy of the originally reported outcome of the election.
  • HB212 by Rep. Simpson to provide that a law enforcement officer or firefighter employed by a municipality, county, or fire district and diagnosed with PTSD would be eligible for disability payments and reimbursed for certain co-payments for treatment or require a county or municipality to maintain sufficient coverage for the reimbursement of co-payments.
  • HB165 by Rep. Ingram to allow the Secretary of State to waive the $25 Certificate of Existence fee for businesses if a state of emergency is declared in this or any state or by the federal government and it renders substantial compliance with certain provisions of law impossible or unreasonable.
  • HB188 by Rep. C. Brown to direct the Commissioner of Insurance to transfer from the Insurance Department Fund to the Strengthen Alabama Homes Fund any amount remaining in the Insurance Department Fund on September 30, 2021, which exceeded 25% of the amount appropriated for the Insurance Department Fund.
  • SB76 by Sen. Orr to establish a procedure to authorize wireless providers to collocate, mount, or install small wireless facilities on existing poles, or install new poles on the right.of-way of the state or any agency, county, or municipality.

Significant floor passage this week in the Senate

  • HJR5 by Rep. Lee to extend the existing sales and use tax exemption on parts, components, and systems used in the refurbishing of aircraft.
  • HJR6 by Rep. Clarke to honor Mr. James K. Lyons for his contributions to the State of Alabama as Director and Chief Executive Officer of the Alabama State Port Authority.
  • SB31 by Sen. Roberts to revise the date for run-off elections to be four weeks after the regular election for all municipal elections and special primary elections.
  • SB43 by Sen. Price to require the state Emergency Management Agency to adopt guidelines for individuals and entities throughout the state to volunteer to have property designated as safer place facilities during severe weather events.
  • SB107 by Sen. Elliott to limit the police jurisdiction of a municipality to territory in the police jurisdiction of the municipality on the effective date of this act and to provide for the reduction or elimination of a police jurisdiction.
  • SB126 by Sen. Waggoner to provide for a delivery service license issued by the Alcoholic Beverage Control Board that would allow the licensee to deliver sealed beer and wine from certain licensed retail establishments directly to individuals in Alabama who are at least 21 years of age for their personal use.
  • SB169 by Sen. Figures to provide for an increase in the number of executive level employees which the director of the Alabama State Port Authority is entitled to appoint and to provide that the commercial terms of certain contracts entered into by the Port Authority are exempt from certain state laws limiting confidentiality.

Significant favorable committee action this week in the House

  • HB130 by Rep. C. Brown to provide for additional offenses that would require mandatory denial of bail (House Judiciary Committee).
  • HB131 by Rep. C. Brown: a proposed Constitutional Amendment that would require reasonable bail in all cases, except for offenses enumerated by the Legislature by general law (House Judiciary Committee).
  • HB177 by Rep. Reynolds to allow a municipality to use electronic records and signatures in the conduct of its affairs (House County and Municipal Government Committee).
  • HB189 by Rep. C. Brown to provide an alternative procedure for the dissolution of a public park and recreation beach board under certain conditions and for the transfer of the property of the board to the municipality where the public park is located upon approval of both the county and the municipality (House County and Municipal Government Committee).
  • HB229 by Rep. Isbell to provide for a delivery service license from the ABC Board that allows the licensee to deliver beer, wine and spirits directly to individuals who are at least 21 years of age (Amended in House Judiciary Committee).
  • HB235 by Rep. McMillan to permit a pet dog in an outdoor dining area of a food service establishment under certain conditions (House County and Municipal Government Committee).
  • HB252 by Rep. Scott to establish the crime of female genital mutilation (House Judiciary Committee).
  • SB36 by Sen. Albritton to revise the limitations on confinement for parole and probation violations, and to provide that the state must reimburse county commissions for health care costs of state parolees and probationers (House Ways and Means General Fund Committee).

Significant favorable committee action this week in the House

  • SB6 by Sen. Elliott to provide for the expenditure of funds received by the Alabama Department of Conservation and Natural Resources, pursuant to the Gulf of Mexico Energy Security Act (GOMESA) of 2006, for coastal conservation, restoration and protection (Senate Finance and Taxation General Fund Committee).
  • SB10 by Sen. Shelnutt to prohibit the performance of a medical procedure or the prescription or issuance of medication, upon or to a minor child, that is intended to alter the appearance of the minor child’s gender or delay puberty (Senate Healthcare Committee).
  • SB45 by Sen. Beasley to authorize the Secretary of State to conduct a one-time post-election pilot audit after the November 8, 2022 general election to determine the accuracy of the originally reported outcome of the election (Senate Governmental Affairs Committee).
  • SB65 by Sen. Sessions to provide an alternative procedure for the dissolution of a public park and recreation beach board under certain conditions and for the transfer of the
    property of the board to the municipality where the public park is located upon approval of both the county and the municipality (Senate Governmental Affairs Committee).
  • SB138 by Sen. Waggoner to allow certain wine manufacturers to obtain a direct wine shipper license from the ABC Board to allow shipments of limited wine quantities directly to individuals in the state for personnel use (Senate Tourism Committee).
  • SB167 by Sen. Jones to provide for licensure for wine festivals, and to authorize a winery to provide tastings and sell its wine for on-premises or off-premises consumption at a wine festival (Senate Tourism Committee).
  • SB214 by Sen. Marsh: a proposed Constitutional Amendment that would establish the Alabama Education Lottery and the Alabama Education Lottery Commission with the proceeds used for postsecondary scholarships; and, establish the Alabama Gaming Commission, and authorize casino-style gaming and sports wagering at existing sites, such as Mobile Greyhound Park, with the proceeds going 75% to the General Fund and 25% to the Alabama Trust Fund (Senate Tourism Committee).
  • SB215 by Sen. Marsh to create the Alabama Digital Expansion Authority to oversee the expansion and availability of high-speed broadband services throughout the state (Amended in Senate Tourism Committee).

Significant introductions this week in the House

  • HB364 by Rep. Sorrell to transfer the functions, duties, responsibilities, powers, fund, papers, and property of the Examiner of Public Accounts to a newly created division within the State Auditor’s office.
  • HB383 by Rep. Mooney to terminate the use of the Common Core Standards, also known as the Alabama College and Career Ready Standards, in K-12 schools.
  • HB397 by Rep. Gray to eliminate straight party ticket voting and to provide further for the description of proposed constitutional amendments as they appear on the ballot.
  • HB406 by Rep. Whitt to require car sharing programs to enter into a concession agreement with an airport authority before enabling car sharing and to authorize airport authorities to adopt rules and impose fees.
  • HB410 by Rep. Lee to extend the existing sales and use tax exemption on parts, components, and systems used in the refurbishing of aircraft.

Significant introductions this week in the Senate

  • SB204 by Sen. Williams to provide further for the definitions and qualifications of the members of the Alabama Professional Bail Bonding Board.
  • SB223 by Sen. Elliott to prohibit social media websites from restricting access to their services from a candidate for political office during an election.
  • SB233 by Sen. Givhan to clarify that the distance from a polling place within which an individual may not campaign is to be measured from the door of the building of a polling place where voting machines are located.

Significant bills enacted

  • HB170 by Rep. Garrett to provide for an exclusion from Alabama individual income taxation for any federal tax credits, advance refunds, Small Business Administration subsidy payments, Emergency Injury Disaster Loans, student loan payments, or qualified disaster relief payments, and adjust certain business taxes; exempts $8.7 million in stimulus payments. Act number 2021-1.
  • HB192 by Rep. Poole to reestablish and expand the Alabama Jobs Act and the Growing Alabama Credit for attracting new and expanding businesses. Act number 2021-2.
  • HB231 by Rep. Clouse to make a supplemental appropriation of available federal funds from the Alabama Emergency Rental Assistance fund to the Department of Finance of an estimated $263,236,067 for the fiscal year ending September 30, 2021. Act number 2021-3.
  • SB30 by Sen. Orr to provide civil immunity for business entities, health care providers, educational entities, churches, governmental entities, and cultural institutions operating in this state, as well as individuals associated with these entities, from certain damages claimed by individuals who allege that they contracted or were exposed to Coronavirus during a declared state of emergency. Act number 2021-4.

Budgets

  • HB297 by Rep. Poole: Education Budget Pending in House Ways and Means Education Committee
  • HB309 by Rep. Clouse: General Fund Budget Pending in House Ways and Means General Fund Committee
  • SB189 by Sen. Orr: Education Budget Pending in Senate Finance and Taxation Education Committee

Totals

  • Bills Introduced: 646
  • Bills which have passed house of origin: 84
  • Bills which have passed both houses: 6
  • Bills which are pending governor’s signature: 2
  • Bills which have been vetoed: 0
  • Constitutional Amendment Bills pending referendum: 0
  • Bills enacted: 4

You can find continuing coverage of the 2021 Legislative Session here.

Beth Lyons
Written By

DIG DEEPER

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