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The Alabama Legislature convened for Day 9 of its annual Regular Session on Tuesday, Feb. 25 and convened in Session Thursday for Day 10. Twenty-four committee meetings were held during the week. The Legislature will next convene for Day 11 on Tuesday, March 4, with the House convening at 1 p.m. and the Senate convening at 2 p.m.
The conclusion of the 10th Legislative day marks one-third of the Session days allowed for the Session. 586 bills have been introduced to date.
DURING THE WEEK
The Senate Confirmation Committee recommended confirmation of a number of board and commission appointments including State Representative Napoleon Bracy and Kellie Hope to the Alabama Apprenticeship Council, Robert M. Hope, Jr., Gary Smith and Brandon Bishop to the Alabama State Port Authority Board, and State Senator Donnie Chesteen to the Alabama Workforce Board.
The Alabama State Port Authority held a groundbreaking ceremony for the Montgomery Intermodal Container Transfer Facility. In a partnership with CSX, this facility will provide seamless rail and truck connectivity between central Alabama and the Port of Mobile, enhancing freight mobility and stimulating economic growth throughout the region.
NOTABLE BILLS ENACTED
SB79 Sen. Weaver: To define man, woman, boy, girl, father, mother, male, female and sex for purposes of state law, to provide policy of the differences between sexes, to provide that state and local public entities may establish separate single-sex spaces or environments in certain circumstances, and to require the state or political subdivisions that collect vital statistics related to sex as male or female for certain purposes to identify each individual as either male or female at birth.
SB70 Sen. Jones: To create the Alabama Veterans Resource Center, provide for a board of directors to manage the center as a comprehensive, coordinated system of support for veterans and their families.
NOTABLE FLOOR ACTION THIS WEEK
HOUSE FLOOR
HB17 by Rep. Bolton: To create the Alabama Squat Truck Law; to prohibit the alteration of a motor vehicle in such a manner that the height of the front fender is raised four or more inches greater that the height of the accompanying rear fender (as substituted).
HB73 by Rep. Sellers: To prohibit the possession of a trigger activator in Jefferson County, and to establish civil penalties for a violation.
HB94 by Rep. Givan: To provide that knowingly advertising, either online or in print, access to the sexual or labor servitude of another is human trafficking in the second degree.
HB101 by Rep. Shirey: To authorize the Sheriff of Mobile County to establish procedures for using a credit or debit card to make purchases.
HB104 by Rep. Drummond: To provide that a Class 2 municipality (Mobile) may declare certain abandoned or discarded debris a nuisance and require its abatement or removal at the expense of the owner of the property.
HB187 by Rep. Hill: To allow funds allocated to the Sheriff’s Office for exclusive use of the jail to be expended to support the functions the office of the Sheriff.
HB280 by Rep. Almond: To authorize a county or public institution of higher education to commence an action to abate or enjoin a public nuisance, and to authorize a county, municipality, or public institution of higher education to seek reimbursement for expenses incurred related to an improperly permitted event (as substituted).
HB287 by Rep. Givan: To require each county and municipal law enforcement agency to report the number of sworn law enforcement officers employed by the agency to the Alabama State Law Enforcement Agency (ALEA) and the Attorney General (as substituted and amended).
SB4 by Sen. Elliott: To authorize certain public entities to contract with a nonpublic K-12 school to provide school resource officers in certain circumstances, and to require public entities to charge the nonpublic school for the full cost of employing any school resource officer.
SB36 by Sen. Kitchens: To provide further for who is subject to state competitive bid laws, to provide further for electronic bid submissions, to provide further for the procedures for protesting certain competitive bid contracts, and to revise requirements for disclosure statement forms.
SENATE FLOOR
SB83 by Sen. Orr: To require public entities to install and maintain powered, height adjustable, adult-size changing tables accessible to both males and females in newly constructed or renovated public buildings, to provide for grant award payments to public entities with preexisting public restrooms subject to appropriation, and to encourage the installation and maintenance of adult-size changing tables in private sector facilities across the state (as amended).
SB108 by Sen. Weaver: To establish the crime of mail theft, which is committed when a person takes mail addressed to another person from the addressee’s mailbox or other premises without the consent of the addressee and with the intent to deprive the addressee of the mail.
SB116 by Sen. Barfoot: To prohibit persons from possessing a part or combination of parts designed or intended to convert a pistol into a machine gun (as amended).
SB118 by Sen Barfoot: A proposed Constitutional Amendment to provide for additional offenses that would allow a judge to deny bail under certain circumstances (as amended).
SB140 by Sen. Waggoner: To require the Alabama Department of Public Health to notify youth athletic associations of noncompliance with the Coach Safely Act, to levy a fine if noncompliance is not remedied, and prohibit a youth athletic association that is noncompliant for 4 consecutive years from administering or conducting youth athletic activities on state property (as amended).
NOTABLE COMMITTEE ACTION THIS WEEK
HOUSE COMMITTEES
HB34 by Rep. Bolton: To add giving a false date of birth to a law enforcement officer to the existing crime of giving a false name or address to a law enforcement officer, and to provide that a violation would be subject to the existing criminal penalties (public hearing and substituted in House Public Safety and Homeland Security Committee).
HB47 by Rep. Hill: A proposed Constitutional Amendment to provide that the Legislature, by general law, may authorize, license, tax and provide for the operation of traditional paper raffles and paper bingo conducted for noncommercial charitable purposes(House Economic Development and Tourism Committee).
HB58 by Rep. England: To repeal Section 13A-11-95, Code of Alabama, 1975 providing for one’s duty to inform a law enforcement officer of one’s possession of a concealed pistol or firearm under certain circumstances (substituted in House Judiciary Committee).
HB166 by Rep. Hulsey: To prohibit the use, operation, and possession of wireless communication devices on certain public school properties, to require local boards of education to adopt an Internet safety policy, and to require students to complete a social media safety course prior to entering the eighth grade (substituted in House Education Policy Committee).
HB202 by Rep. Reynolds: To establish immunity for law enforcement officers from civil liability and criminal prosecution, and to provide exceptions (substituted in House Judiciary Committee).
HB241 by Rep. Easterbrook: To prohibit any county or municipality from requiring the approval of a registered architect or professional engineer on plans for the construction of a single family residence under three stories in height (public hearing but no vote in House County and Municipal Government Committee).
HB249 by Rep. Colvin: To provide for the enforcement of the crime of abandonment of a dog or cat and provide criminal penalties for violations (substituted in House Agriculture and Forestry Committee).
HB281 by Rep. Almond: To further provide for the procedures for an aggrieved party to file an appeal of the final decision of a municipal zoning board of adjustment in the circuit court, and to provide for the decision of the board to remain in effect during the appeal unless the circuit court grants a stay (House Judiciary Committee).
HB290 by Rep. Mooney: To further provide for the term “critical infrastructure facility” to include communications service infrastructure and facilities, and further provide for the crimes of unauthorized entry of a critical infrastructure facility and criminal tampering in the first and second degrees (substituted in House State Government Committee).
HB296 by Rep. Sells: To provide for a mandatory temporary holding period for persons who resist arrest (substituted in House Public Safety and Homeland Security Committee).
HB302 by Rep. Robbins: To require labor brokers who recruit a certain number of foreign workers for employment in the State to register with the Department of Workforce, and to require labor brokers and nonprofit organizations to inform the Department if they directly sponsor a foreign worker or identify individuals or organizations they may be using to act as sponsors (substituted in House Judiciary Committee).
HB317 by Rep. Sells: To require an app store provider to take certain actions regarding age verification, parental notification, and date protection, and to prohibit an app store provider or developer from taking certain actions that allow minors to access apps without parental consent (public hearing but no vote in House Children and Senior Advocacy Committee).
HB320 by Rep. Pringle: To further provide for the requirement to publish public notice of public works contracts (substituted in House State Government Committee).
HB323 by Rep. Givens: To exempt all electric utility commodities and equipment from the requirement of obtaining a permit for movement on the state’s highway system.
SB32 by Sen. Smitherman: To create the definition of machinegun, and to provide for mandatory enhanced sentences for a person who causes the death of another by means of a machinegun or causes an injury by means of a machinegun (substituted in House Judiciary Committee).
SB64 by Sen. Livingston: To require persons engaging in the business of cutting or uprooting aquatic plants in public waters to use certain methods to remove this plant matter (House Agriculture and Forestry Committee).
SB67 by Sen. Jones: To authorize the Governor to appoint the Commissioner of the Department of Veterans Affairs to serve at the pleasure of the Governor, and to revise membership and powers of the board (House Military and Veterans Affairs Committee).
SB78 by Sen. Weaver: To prohibit the possession, use, or sale of butyl nitrite or any mixtures containing butyl nitrite, commonly known as “whippets,” except under certain circumstances, and to prohibit the possession, use, or sale of nitrous oxide, commonly known as “laughing gas,” and amyl nitrite, commonly known as “poppers” or “snappers,” except under certain circumstances (substituted in House Health Committee).
SENATE COMMITTEES
HB188 by Rep. Treadaway: To establish a program to grant tuition money to dependents of law enforcement officers for use in participating public or private institutions of higher education in the State (substituted and amended in Senate Judiciary Committee).
HB196 by Rep. Wilcox: To further provide for the management of county juvenile detention facilities (Senate County and Municipal Government Committee).
HB199 by Rep. Hendrix: To authorize the Board of Pardons and Paroles or other state agency to provide electronic monitoring to children released from custody in certain circumstances (amended in Senate Judiciary Committee).
SB72 by Rep. Melson: To delete the provision requiring the Alabama Medical Cannabis Commission to hold an investigatory hearing after the denial of a license, provide that the denial or granting of a license is final and conclusive and any form of relief ordered by a court that would have the effect of preventing the commission from issuing a license or invalidating a previously awarded is immediately appealable to the Alabama Supreme Court, to increase the number of integrated facility licenses that may be granted to 7 licenses, require the commission to hire a consultant to select from the pool of applicants that previously submitted an application for a license by December 31, 2022, those applicants that will be awarded a license based on the qualifications and procedures set forth in the medical cannabis laws, require the commission to grant license to the applicants selected by the consultant, and provide that the selection determination made by the consultant is considered a final determination made by the commission for all legal purposes (public hearing but no vote in Senate Agriculture, Conservation and Forestry Committee).
SB92 by Sen. Chesteen: To prohibit the use, operation, and possession of wireless communication devices on certain public school properties, to require local boards of education to adopt an Internet safety policy, and to require students to complete a social media safety course prior to entering the eighth grade (substituted in Senate Education Policy Committee).
SB174 by Sen. Chambliss: To require counties and municipalities to provide certain annual reports on business license taxes and business privilege taxes, and to expand the jurisdiction of the Alabama Tax Tribunal to include appeals of business license tax determinations made by counties or municipalities (amended in Senate County and Municipal Government Committee).
SB186 by Sen. Chambliss: To provide certain requirements for the use of a filter on certain Internet-enabled devices, to provide certain requirements for the filter, and to authorize a civil action for a violation (Senate Children and Youth Health Committee).
SB187 by Sen. Chambliss: To require an app store provider to take certain actions regarding age verification, parental notification, and date protection, and to prohibit an app store provider or developer from taking certain actions that allow minors to access apps without parental consent (amended in Senate Children and Youth Health Committee).
SB194 by Sen. Melson: To authorize an agriculture authority to terminate or move easements on authority owned property using the power of eminent domain in the same manner as the state (Senate Agriculture, Conservation and Forestry Committee).
SB196 by Sen. Orr: To establish a program allowing eligible 11th and 12th grade students to take all courses at an elibible two-year public institution of higher education and receive high school credit for the coursework (Senate Finance and Taxation Education Committee).
SB199 by Sen. Figures: To provide for paid parental leave for eligible employees following the birth, stillbirth, or miscarriage of a child or the placement of a child for adoption (Senate Finance and Taxation Education Committee).
NOTABLE INTRODUCTIONS
HOUSE
HB326 by Rep. Sellers: To establish the “Parental Right to Participate in Schools Act,” to permit certain employees to take leave to attend school-related activities, and to provide for enforcement by the Alabama Department of Workforce (Commerce and Small Business Committee).
HB327 by Rep. Shaver: To provide for paid parental leave for eligible employees following the birth, stillbirth, or miscarriage of a child or the placement of a child for adoption (House Ways and Means Education Committee).
HB333 by Rep. Faulkner: To allow two or more municipalities to establish a regional law enforcement training facility authority to maintain and operate a regional law enforcement training facility, and to provide for the composition, terms, and powers of the board of directors of the regional law enforcement training facility authority (House County and Municipal Government Committee).
HB339 by Rep. Chestnut: To exempt the sale, storage, use, or other consumption of certain general aviation aircraft and any machinery or equipment installed on these aircraft from the sales and use tax in certain circumstances, and to exempt these aircraft and equipment from lease and rental taxes, and ad valorem taxes (House Ways and Means Education Committee).
HB342 by Rep. DuBose: To further provide for the provision of elective credit for public K-12 students who attend religious instruction during the school day (House Education Policy Committee).
HB353 by Rep. Hill: To remove restrictions on district attorney salary increases, and to provide for the compensation of newly appointed district attorneys (House Ways and Means General Fund).
HB354 by Rep. Hill: A proposed Constitutional Amendment to provide that the compensation received by a district attorney may not be diminished during his or her term of office (House Ways and Means General Fund Committee).
HB360 by Rep. Robertson: To rename “drug courts” to “accountability courts” and to expand the scope of accountability courts to include offenders with mental illness and offenders who are veterans (House Judiciary Committee).
HB362 by Rep. Sells: To require local governing bodies and local boards of education to record each open and public meeting of the body and to publish the recording online (House County and Municipal Government Committee).
HB363 by Rep. Lomax: To define foreign national and prohibit foreign national contributions and donations to fund Alabama campaigns and ballot measures (House Ethics and Campaign Finance Committee).
HB364 by Rep Lomax: To exclude local delivery services from the definition of marketplace facilitator and to provide that local delivery service transactions are outside the simplified sellers use tax remittance program, but are subject to state and local sales and use taxes (House Ways and Means General Fund Committee).
HB367 by Rep. Butler: To prohibit any governmental entity or county health department from expending funds to advertise the use of vaccines, with exceptions, and to authorize the Attorney General to investigate alleged violations (House State Government Committee).
HB373 by Rep. Kiel: To rename the Alabama Film Office as the Alabama Entertainment Office, to include music albums as a qualified production, increase the maximum expenditure threshold eligible for a rebate, establish a minimum spend threshold for musical albums to qualify, and increase the annual cap for incentives (House Economic Development and Tourism Committee).
SENATE
SB200 by Sen. Jones: To rename “drug courts” to “accountability courts” and to expand the scope of whom accountability courts would serve to include offenders with mental illness and offenders who are veterans (Senate Veterans, Military Affairs and Public Safety Committee).
SB202 by Sen. Singleton: To define a new category of low-alcohol content liquor beverages called “spirit infused beverages,” to provide for a license for retailers to sell spirit infused beverages, to set a fee for the license, and to regulate the display of spirt infused beverages by retailers (Senate Tourism Committee).
SB209 by Sen. Hatcher: To require the Department of Revenue to adjust the dollar value of “covered items” that are exempt from sales tax during certain weekends based on changes in the Consumer Price Index, and to increase the number of days prior to which a local government must pass a resolution or ordinance to adopt such exemptions for local sales tax (Senate Finance and Taxation Education Committee).
