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Alabama 2021 Legislative Report: Week eight

The Legislature will return to Montgomery on Tuesday, April 13.

The Alabama Statehouse in Montgomery.

The Alabama Legislature convened for Day 19 of the 30 day Regular Session on Tuesday, April 6. The Legislature met in Session all three days with 32 committee meetings held throughout the week. 998 bills have been introduced to date, 611 in the House and 387 in the Senate. 

The Legislature will return to Montgomery on Tuesday, April 13, for Day 22 of the Session with the House convening at 1:00 p.m. and the Senate convening at 1:30 p.m. 

Significant floor passage this week

HB232 by Rep. Simpson: To require all courts in the state to take judicial notice of all municipal ordinances of a Class 2 (Mobile) municipality. 

HB388 by Rep. Carns: A proposed Constitutional Amendment to provide that the implementation date for any bill enacted by the Legislature in a calendar year in which a general election is to be held and relating to the conduct of the general election shall be at least six months before the general election. 

HB510 by Treadaway: To revise the contribution rate of the participants in the Birmingham retirement and relief systems and of the city and participating constructive subsidiaries. 

SB274 by Sen. Singleton: To establish the COVID-19 Recovery Capital Protection Act of 2021, to increase the amount of various types of compensation that may be exempted, and to provide an extension to the employment and wage requirements of the capital credit program and associated penalties. 

SB308 by Sen. Price: To establish the Alabama Uniform Concealed Carry Permit Act to standardize the process by which concealed carry permits may be issued, and create a state firearms prohibited person database. 

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HB130 by Rep. C. Brown: To provide for additional offenses that would require mandatory denial of bail (Amended). 

HB131 by Rep. C. Brown: A proposed Constitutional Amendment (Aniah’s Law) that would require reasonable bail in all cases, except for offenses enumerated by the Legislature by general law (Amended). 

HB143 by Rep. Lovvorn: To require the state Emergency Management Agency to adopt guidelines for individuals and entities to volunteer to have property designated as safer place facilities during severe weather events. 

HB448 by Rep. Clarke: To provide for the incorporation of an Africatown Redevelopment Corporation for the purpose of revitalization of housing, preservation of history, and attraction and development of commerce in the Africatown Historic District. 

SB218 by Sen. Melson: To amend the definition of bullion, extend the expiration date for the sales and use tax exemption, and repeal the reporting requirements 

SB227 by Sen. Butler: To require insureds to receive certain prescription drug rebates and discounts, and prohibit a pharmacy benefits manager from requiring or steering an insured to use a mail-order pharmacy or a pharmacy affiliated with a pharmacy benefits manager. 

SB261 by Sen. Chambliss: To provide certain prohibitions, authorizations, and requirements for contracts for the services of a design professional. 

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SB267 by Sen. Orr: To repeal the law authorizing municipalities to adopt ordinances to compel vaccinations; to provide exemptions from the mandatory immunization for individuals who oppose immunization based on religious beliefs or otherwise sincerely held personal beliefs, and others. 

SB292 by Sen. Albritton: To establish the initial salaries for all state judges and justices, to provide for salary increases based on bench experience, and to eliminate county salary supplements and expense allowances for circuit and district judges. 

SB294 by Sen. Jones: To allow licensed wineries that produce locally sourced wines and are below a certain size (Small Farm Wineries) to sell and transport their table wines directly to licensed retailers or to sell directly to consumers, under certain conditions. 

SB320 by Sen. McClendon: To provide for the powers and duties of the Alabama Lottery Commission, the use of lottery proceeds, and the various state and local taxes on gaming revenue. 

SB326 by Sen. Roberts: A proposed Constitutional Amendment to provide that the implementation date for any bill enacted by the Legislature in a calendar year in which a general election is to be held and relating to the conduct of the general election shall be at least six months before the general election. 

SB345 by Sen. Singleton: To establish the Pilot Program for Small Business Development under the Board of Pardons and Paroles. 

SB374 by Sen. Williams: To substantially revise the law governing tax collection and the duties and powers thereof.

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Significant committee this week

HB440 by Rep. Fincher: To terminate the use of the Common Core Standards, also known as the Alabama College and Career Ready Standards, in K-12 schools (Public Hearing but did not vote in House Education Policy Committee). 

SB46 by Sen. Melson: To authorize and regulate the cultivation, processing, dispensing and use of medical cannabis (Amended in House Judiciary Committee, will now be considered by House Health Committee). 

SB264 by Sen. Chesteen: To provide that existing law prohibiting the capturing or killing of animals during nighttime hours would not apply to feral swine or coyotes hunted on privately owned or leased lands (House Agriculture and Forestry Committee). 

HB17 by Rep. Reynolds: To authorize the Attorney General to submit an application to a circuit court judge to intercept any wire or electronic communications if there is probable cause to believe an individual is committing, has committed, or is about to commit certain felony drug offenses (Amended in Senate Judiciary Committee). 

HB111 by Rep. Hill: To provide that inmates released prior to the end of sentence be subject to electronic monitoring as determined by the Board of Pardons and Paroles (Senate Finance and Taxation General Fund Committee) 

HB246 by Rep. Gray: To authorize local boards of education to offer yoga to students in grades K-12 (Senate Judiciary Committee). 

HB285 by Rep. Allen: To prohibit “curbside voting,” operation of any voting machine except on the inside of an enclosed building designated as a voting place (Senate Governmental Affairs Committee). 

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HB404 by Rep. South: To provide that a student athlete may earn compensation for the use of the student’s name, image or likeness (Senate Judiciary Committee). 

HB411 by Rep. McCampbell: To create a Law Enforcement Officer Employment Database, and require law enforcement agencies to report certain complaints, disciplinary actions, and background information (Senate Governmental Affairs Committee). 

HB437 by Rep. Collins: To authorize common carriers to make delivery of alcoholic beverages to Alabama residents, and to provide for direct wine shipper permits (Substituted in Senate Tourism Committee). 

HB542 by Rep. P. Moore: To create Regional Zoological Park and Museum Commissions in Birmingham, Huntsville, Mobile and Montgomery to support and promote educational and recreational facilities within the surrounding counties, including zoos, museums, and botanical gardens (Amended in House Economic Development and Tourism Committee). 

SB358 by Sen. Allen: To prohibit the state and its agencies and political subdivisions from participating in the enforcement of any federal act, law, order, rule or regulation relating to firearms, firearm accessories, or ammunition (Senate Governmental Affairs Committee). 

SB365 by Sen. Marsh: To require each public K-12 school district to enroll students from outside the attendance area of the school district, and provide limitations and exceptions (Senate Education Policy Committee). 

Significant introductions this week

HB600 by Rep. Smith: To provide for a uniform maximum vehicle width restriction of 102 inches (8.5 feet) for vehicles operating on state highways. 

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HB608 by Rep. Meadows: To prohibit employers from taking adverse action against employees or potential employees based on immunization status, and to prohibit a place of public accommodation or a facility operated or maintained by7 a government entity from refusing entry based on an individual’s immunization status. 

HB609 by Rep. Gray: To create the Innovate Alabama Matching Grant Program to provide matching grants to entities that have received federal Small Business Innovation Research or Small Business Technology Transfer Research grants, or both. 

SB385 by Sen. Williams: To provide that a licensee authorized to conduct race meetings may receive broadcasts of events conducted outside Mobile County and allow all forms of pari-mutuel wagering on those events. 

SB387 by Sen. Smitherman: To revise the methods of providing operational funding to public charter schools.

Significant bills enacted

HB170 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. 

HB192 Rep. Poole: To reestablish and expand the Alabama Jobs Act and the Growing Alabama Credit for attracting new and expanding businesses. 

HB231 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. 

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SB30 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. 

SB76 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. 

HJR6 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 

HJR5 Rep. Lee: To extend the existing sales and use tax exemption on parts, components, and systems used in the refurbishing of aircraft. 

SB80 Sen. Butler: To require a county or municipality within two miles of any portion of a military installation to give an affected military installation notice and an opportunity for review of any proposed tall structure or wind energy facility for potential impacts prior to approving the tall structure or wind energy facility. 

SB40 Sen. Givhan: To exempt the Alabama School of Fine Arts Foundation, The Alabama High School of Mathematics and Science Foundation, and the Alabama School of Cyber Technology and Engineering Foundation, from any state, county, and municipal sales and use taxes. 

SB119 Sen. Waggoner: To revise the municipal election dates in certain municipalities beginning in 2025. 

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HB103 Rep. Kiel: To provide that during a state of emergency involving a pandemic, epidemic, bioterrorism event, or the appearance of a novel or previously controlled or eradication infectious disease or biological toxin, any business or religious institution may continue or resume operations if they comply with any applicable emergency order, rule or regulation. 

SB31 Sen. Roberts: To provide that the date for runoff elections to be four weeks after the regular election for all runoff municipal elections and runoff special primary elections. 

SB43 Sem. 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. 

SB65 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.

SB111 Sen. Butler: To allow the sale of land for taxes to occur on the premises of or within the courthouse or courthouse annex of the county. 

SB140 Sen. Melson: To specify the responsibilities and duties of owners, operators, occupants, and creditors of a self-storage facility in the event of default of a rental agreement. 

SB169 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. 

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HB309 Rep. Clouse: General Fund Budget Passed by House as substituted and amended, pending in Senate Finance and Taxation General Fund Committee.

SB189 Sen. Orr: Education Budget Passed by Senate as substituted and amended, pending in House Ways and Means Education Committee.

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