The Alabama Legislature met for the final day of the annual Regular Session on Monday, May 17 and at midnight adjourned the 2021 Regular Session Sine Die. The next Regular Session of the Legislature will convene on Tuesday, January 11, 2022. However, it is anticipated that Governor Ivey will call several Special Sessions in the late summer or fall to address reapportionment, prison construction, appropriation of funds from the American Rescue Plan, and possibly gaming.
The House and Senate passed a number of bills on the last day of the Session which have been transmitted to the Governor for action. The bills passed on the final day of the Session must be either signed by the Governor within 10 days or they are subject to a Pocket Veto.
HOUSE, SENATE BILLS TOTAL
Bills Introduced 648 405 1,053 Bills which have passed house of origin 269 230 499 Bills which have passed both houses 208 150 358 Bills which are pending Governor’s signature 21 21 42 Bills which have been vetoed 0 0 0 Constitutional Amendment Bills pending referendum 10 3 13 Bills enacted 177 126 303.
THE FINAL DAY
The Governor signed the Medical Cannabis legislation (SB46) with the Senate sponsor Dr. Tim Melson. The General Fund Budget which had been in Conference Committee was concurred in by both Houses and now awaits action by the Governor. The House did not take up the proposed Constitutional Amendment to authorize a referendum on a lottery and casino gaming (SB319 by Senator McClendon).
SIGNIFICANT PASSAGE ON FINAL DAY AWAITING ACTION BY GOVERNOR
SB204 by Sen. Williams: To provide further for qualifications of members appointed to the Alabama Professional Bail Bonding Board, to authorize the issuing of apprentice licenses, and require the successful completion of certain education before regular licensure.
SB267 by Sen. Orr: To prohibit the issuance of vaccine passports by government entities, and to prohibit government entities, institutions of education and businesses from requiring vaccines.
SB298 by Sen. Orr: To clarify that any grants awarded by the Alabama Innovation Act to a research entity must be the result of a partnership with a private sector applicant, and to authorize the Alabama Department of Economic and Community Affairs (ADECA) to establish a competitive scoring system to award grants.
SB374 by Sen. Williams: To substantially revise the law governing tax collecting officials and the duties and powers thereof.
SB397 by Sen. Jones: To provide for the licensure of a winery in a dry county to manufacture wine for distribution outside of the dry county.
HB201 by Rep. Hill: To allow the sales of land for taxes to occur on the premises of or within the courthouse or courthouse annex of a county.
HB224 by Rep. Ledbetter: To prohibit any health care facility or health care professional from instituting a Do Not Attempt Resuscitation order without the written or oral consent of least one parent or guardian of a qualified minor.
HB227 by Rep. Lovvorn: To establish an income tax credit for eligible taxpayers who incur costs for the construction, acquisition, or installation of a qualified storm shelter.
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.
HB235 by Rep. McMillan: To permit a pet dog in an outdoor dining area of a food service establishment under certain conditions.
HB237 by Rep. Shaver: To require a physician to exercise reasonable care to preserve the life of a child born alive after an abortion or attempted abortion in an abortion or reproductive health center.
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.
HB555 by Rep. Pettus: To provide an affirmative duty of law enforcement officers to remove a guest illegally present at a recreational vehicle park upon request of the park operator.
HB94 by Rep. Ingram: To include a wildland firefighter employed by the Alabama Forestry Commission within the definition of a firefighter who is eligible for disability and death benefits, and to specify that a volunteer firefighter who dies of certain conditions within 24 hours of preparing to respond, responding, or serving in his or her capacity would be deemed to have died in the performance of his or her duties.
SIGNIFICANT BILLS THAT FAILED ON FINAL DAY
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.
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.
SB97 by Sen. Whatley: To provide that an executive declared state of emergency terminates after 14 days and may be extended only by joint resolution of the Legislature or, if the Legislature is not in Session, by joint proclamation of the President Pro Tempore of the Senate and the Speaker of the House.
SB260 by Sen. Singleton: To increase the minimum threshold to require competitive bidding from $15,000 to $25,000, and to authorize a county or municipality to establish a local preference zone for the awarding of contracts under the competitive bid law.
SB345 by Sen. Singleton: To establish the Pilot Program for Small Business Development under the Board of Pardons and Paroles.
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.
SB389 by Sen. Beasley: To increase the daily limit on how much liquor may be sold by certain distilleries to customers for off-premises consumption.
HB27 by Rep. Simpson: To create the crime of aggravated home repair fraud to provide enhanced criminal penalties for home repair fraud committed for the repair of a residential structure that was damaged as a result of an event which was declared a state of emergency by the Governor.
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.
HB292 by Rep. Standridge: To authorize an active member of the U.S. Armed Forces and an honorably discharged veteran to be issued a pistol permit without the payment of a fee.
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.
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.
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.
SB126 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.
HB448 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.
HB131 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.
SB171 Sen. Gudger: To designate the sweet potato as the official state vegetable of Alabama
HB404 Rep. South: To provide that a student athlete may earn compensation for the use of the student’s name, image or likeness under certain circumstances.
HB132 Rep. Brown: To provide that the rate filings and related actuarial information for all insurance coverage in the state, with certain exceptions, are treated as public information and will be publicly available for review.
SB274 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 Sen. Price: To establish the AlabamaUniform Concealed Carry Permit Act to standardize the process by which concealed carry permits may be issued, and create a state firearms prohibited person database.
HB130 Rep. C. Brown: To provide for additional offenses that would require mandatory denial of bail.
SB39 Sen. Price: To create the crime of aggravated home repair fraud to provide enhanced criminal penalties for home repair fraud committed for the repair of a residential structure that was damaged as a result of an event which was declared a state of emergency by the Governor.
SB264 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.
HB388 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.
HB391 Rep. Stadthagen: To provide that public K-12 schools may not participate in,sponsor, or provide coaching staff for interscholastic athletic events at which athletes are allowed to participate in competition against athletes who are of a different biological gender.
SB117 Sen. Coleman: To expand the offenses and provide procedures for a person to have criminal records expunged under certain conditions.
SB167 Sen. Jones: To provide for licensure for wine festivals and authorize a winery to provide tastings and sell its wine for on-premises or off-premises consumption at a wine festival.
HB385 Rep. Hall: To revise the focus of the content, course materials, and instruction provided to public school students in any program or curriculum that includes sex education or the human reproductive process.
SB107 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.
SB11 Sen. Givhan: To exempt airport authorities and their contractors from paying sales and use taxes and includes airport authorities in the list of governmental entities that may be issued an annual certificate of exemption.
HJR96 Rep. Faust: To recognize the importance of clean water access in the State of Alabama and endorsing the mission of Clean Water Alabama.
HB177 Rep. Reynolds: To authorize a municipality to use electronic records and signatures in the conduct of its affairs.
SB261 Sen. Chambliss: To provide certain prohibitions, authorizations, and requirements for contracts for the services of a design professional.
SB275 Sen. Givhan: To authorize the use of remote notarization for acknowledgments and to validate remote notarizations which occurred before July 1, 2021.
HB565 Rep. Ledbetter: A proposed Constitutional Amendment to authorize the issuance of general obligation bonds for the improvement, renovation, equipping, acquisition, provision, construction, and maintenance of Alabama state parks.
SB188 Sen. Orr: To provide a 2% pay increase to public education employees for the fiscal year beginning October 1, 2021.
HB320 Rep. Lawrence: To provide a cost-of-living increase for state employees for the fiscal year beginning October 1, 2021.
SB385 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.
SB327 Sen. Chesteen: To establish the Teacher Excellence and Accountability for Mathematics and Science (TEAMS) Salary Schedule Program, to provide additional compensation to teachers who elect to participate, and to provide an additional annual supplement to program participants teaching in hard-to-staff schools.
SB227 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.
SB78 Sen. Waggoner: To establish the Alabama Council on Advanced Technology and Artificial Intelligence to review and advise the Governor, Legislature, and the education, health services, workforce development, and manufacturing communities on the use and development of advanced technology and artificial intelligence in the state.
SB62 Sen. Elliott: To authorize a Class 8 municipality that is not in a county with a Class 2 municipality and that abuts the Gulf of Mexico to establish three entertainment districts within its corporate limits.
HB538 Rep. Baker: To revise the timeframe to apply to vote by absentee ballot and revise certain procedures relating to the processing of absentee ballots.
HB340 Rep. Faulkner: To include any contract for the construction of a highway, road, or bridge entered into on or after January 1, 2022 in the contracts required to be granted a certificate of exemption from sales and use tax for the purchase of construction materials when the contract is for a governmental entity which is tax exempt.
SB332 Sen. Hatcher: To amend existing law to update a reference to the federal motor carrier safety regulations relating to entry level driver training requirements.
SB195 Sen. Givhan: To revise the administrative suspension periods for certain driving offenses.
HB175 Rep. Lovvorn: To include computer science teachers in the Alabama Math and Science Teacher Education Program (AMSTEP) which provides student loan repayment for public high school math and science teachers to serve in under-served areas of the state.
SB373 Sen. Orr: To require the Alabama Department of Labor to adopt policies to recover improper overpayments of unemployment benefits.
SB55 Sen. Melson: To authorize the sale of certain consumer fireworks within a municipality.
HB274 Rep. Drummond: To authorize the Alabama Board of Cosmetology to regulate and license mobile salons and adopt any necessary rules related to that licensure and regulation.
HB573 Rep. Ledbetter: To implement the Constitutional Amendment proposed in HB565 and provide for the membership and duties of the Alabama State Park Enhancement Authority.
HB136 Rep. C. Brown: To designate the Estuarium at the Dauphin Island Sea Lab as the official Aquarium of Alabama.
HB437 Rep. Collins: To authorize common carriers to make delivery of wine to Alabama residents, and to provide for direct wine shipper permits.
SB388 Sen. Livingston: To provide that Alabama would observe Daylight Savings Time year-round if an act of Congress amends the current prohibition in federal law.
HB97 Rep. Morris: To require mental health awareness to be included in the annual training session for employees of schools.
HB486 Rep. Scott: To provide a process for public K-12 students to participate in extended learning opportunities outside of the typical classroom.
HB281 Rep. Gaston: To extend the income tax credit for the rehabilitation of qualified historic structures to be used for a commercial or business purpose through 2027.
SB294 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.
SB292 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.
HB116 Rep. Standridge: To authorized 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.
HB167 Rep. Blackshear: To prohibit an Alabama voter from voting or attempting to vote in this state and also in another state.
HB609 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.
SB46 Sen. Melson: To authorize and regulate the cultivation, processing, dispensing and use of medical cannabis.
HB248 Rep. Rich: To provide for the broadcast of public K-12 school sporting events.
HB273 Rep. Drummond: To raise the minimum age for legal possession, transportation, and purchase of tobacco products, electronic nicotine delivery systems, and alternative nicotine products from 19 to 21.
HB539 Rep. Daniels: To eliminate the daily cap on the amount of beer or liquor that may be sold to customers by a brewery or distillery.
HB540 Rep. Poole: To create the Alabama Innovation Corporation as an authority organized as a public corporation having a legal existence separate and apart from the state and any county, municipality, or political subdivision.
HB191 Rep. Collins: To provide for the annexation of all of the property in overlapping police jurisdictions upon consent of all of the parties and all of the affected municipalities under certain conditions.
SB384 Sen. Gudger: To provide for the taxation of alcoholic beverages in certain community development districts with the proceeds to be used for grants to support education, civic, community, and tourism activities within the counties in which the districts are located.
SB215 Sen. Marsh: To create the Alabama Digital Expansion Authority, modeled after the State Port Authority in structure, to plan and oversee the expansion and availability of high-speed broadband services throughout the state.
HB309 Rep. Clouse: General Fund Budget Passed by both Houses; awaiting action by Governor.
SB189 Sen. Orr: Education Budget Enacted; Act No. 2021-342.
CONSTITUTIONAL AMENDMENTS PASSED THIS SESSION THAT WILL BE ON THE BALLOT IN 2022
HB131 Rep. Brown: Aniah’s Law, bail 2021-201.
HB178 Rep. Ball: Municipalities may levy and collect ad valorem tax to pay debt.
HB388 Rep. Carns: Legislation effecting elections must be passed at least 6 months prior to the general election.
HB565 Rep. Ledbetter: Alabama State Parks Enhancement Authority created.
SB68 Sen. Barfoot: Probate courts general jurisdiction over orphans’ business deleted.
HB311 Rep. M. Jones: Covington Co., operation of golf carts on public streets.
HB380 Rep. Warren: Macon Co., sheriff may not participate in supernumerary program.
HB456 Rep. Rowe: Walker Co., judge of probate required to be licensed attorney.
HB583 Rep. Chestnutt: Dallas Co., Employees Retirement System, county officials may elect to participate.
CONSTITUTIONAL AMENDMENTS PASSED THIS SESSION THAT WILL BE ON THE BALLOT IN 2022
HB590 Rep. Faulkner: Jefferson Co., Senior property tax appraisal frozen under certain conditions.
HB622 Rep. Harbison: Cullman Co., County superintendent of education elected by voters.
SB74 Sen. Waggoner: Shelby Co., privately owned sewer systems using public rights-of-way required to be regulated and certified by PSC.
SB207 Sen. Barfoot: Montgomery Co., judge of probate required to be licensed attorney.