Contributed by Beth Marietta Lyons

Lyons Law Firm

The Alabama Legislature convened in Session for Day 22 of the annual Regular Session on Tuesday, May 2, held 37 committee meetings throughout the week, and convened in Session on Wednesday for Day 23 and Thursday for Day 24.

There have been 1018 bills introduced to date.

The Legislature will return to Montgomery on Tuesday, May 9 for Legislative Day 25 of the Session with the House convening at 1:00 p.m. and the Senate convening at 2:00 p.m.

DURING THE WEEK

Governor Ivey announced the creation of the Alabama Aviation Education Center in Mobile developed in partnership with Airbus. The hands-on facility aims to bolster Alabama’s workforce development efforts and inspire young people to pursue careers in the state’s aerospace industry.

Governor Ivey announced that she is replacing Jim Byard as the Director of the Alabama Department of Economic and Community Affairs saying that she has identified a new Director whose name will be announced soon. Jim Byard issued a statement wishing the Governor and her administration all the best and citing that it has been an honor to service as ADECA Director for the last six years.

Public Service Announcement

SIGNIFICANT FLOOR ACTION THIS WEEK

The House substituted, amended and passed the $6.4 billion Senate Education Budget bill that would give a $12 million increase to K-12, a $13.5 million increase to Pre-K, an additional $7.4 million for retirement funding, provide funds for an additional 152 teachers for grades 4 through 6, and level fund 4 year colleges and universities and the teacher’s health insurance (PEEHIP). The bill now returns to the Senate for action on the House amendments [SB129 by Senator Arthur Orr].

The Senate amended and passed the $1.846 billion House General Fund budget bill for fiscal year 2018 which would level fund most state agencies, allocate $701 million to the Medicaid Agency, and reduce funding for the Governor’s office. The bill now returns to the House for action on the Senate amendments [HB155 by Representative Steve Clouse].

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The Senate non-concurred with the House amendment on a Senate bill, known as the “Alabama Memorial Preservation Act of 2017,” that would prohibit, without a multi-stage process and approval from a state committee, the removal or alteration of statues and monuments on state, city, and county properties and prohibit the removal and renaming of buildings, schools, streets, bridges. The Senate has appointed a conference committee of Senator Marsh, Senator Allen and Senator Singleton. House conferees have yet to be appointed [SB60 by Senator Gerald Allen].

The Senate passed a House bill that would suspend, but not terminate, eligibility for Medicaid for county inmates and juveniles under the jurisdiction of a juvenile court. The bill now goes to the Governor [HB211 by Representative Chris England].

The Senate passed a bill that would require that if the final condemnation award in an eminent domain condemnation proceeding by the Department of Transportation exceeds the department’s last written offer by more than 5%, the department must pay the condemnee’s reasonable attorney, appraisal and engineering fees. The bill now goes to the House [SB157 by Senator Cam Ward].

The Senate passed a bill that would authorize either House of the Legislature to issue subpoenas during impeachment proceedings, and would provide for the enforcing of the subpoenas and penalties for failure to comply with a subpoena. The bill now goes to the House [SB366 by Senator Phil Williams].

The Senate passed a bill that would allow for the sale of alcoholic beverages for off-premises consumption in a specified community development district. The bill now goes to the House [SB336 by Senator Steve Livingston].

The House declined, on a procedural vote, to consider a bill that would amend the Alabama School Choice and Student Opportunity Act to require the state Department of Education to annually publish a list of registered local authorizers of public charter schools, allow an applicant to apply directly to the Alabama Public Charter School Commission, and allow local funding to be allocated to Charter Schools [HB245 by Representative Terri Collins].

The House passed a bill that would authorize a municipality to rehire a retired law enforcement officer or firefighter at any time if authorized by local law and upon notice to the Director of the Ethics Commission. The bill now goes to the Senate [HB222 by Representative Allen Treadaway].

The House passed a bill that would lower the percentage of signatures needed on a petition to gain ballot access as an independent candidate in certain special elections. The bill now goes to the Senate [HB552 by Representative Chris England].

The House substituted and passed a Senate bill that would authorize counties to establish an agriculture authority to promote agricultural businesses, operations, commodities, workforce development and economic development within the county. The bill now returns to the Senate for action on the House substitute [SB345 by Senator Tim Melson].

The House passed a bill that would authorize the use of electronic systems for the assessment and collection of tolls. The bill now goes to the Senate [HB421 by Representative Steve McMillan].

The House passed a bill that would require religious or faith-based boarding schools or facilities that house children to be registered and inspected by the Department of Human Resources and to perform criminal background check on employees and potential employees. The bill now goes to the Senate [HB440 by Representative Steve McMillan].

The House amended and passed a bill that would allow transportation network companies (Uber, Lyft) to be regulated by the Public Service Commission unless a municipality currently has, or passes within 90 days of the effective date of the act, an ordinance providing for the permitting of operations. The bill now goes to the Senate [HB283 by Representative David Faulkner].

The House passed a Senate bill that would give the Department of Corrections the authority to establish a program to issue a nondriver identification card to a resident parolee upon his or her release from prison. The bill now goes to the Governor [SB102 by Senator Quinton Ross].

The Senate amended and passed a bill, after extended debate and formal reading, that would provide for the reapportionment and redistricting of the state Senate districts for elections in 2018. The bill now goes to the House [SB403 by Senator Gerald Dial].

The House passed a Senate bill that would provide that the annual salary of the city council of a Class 1 municipality (Birmingham) would be set at the beginning of each term by the State Personnel Board based on the median household income of the city. The bill now goes to the Governor [SB247 by Senator Jabo Waggoner].

The House passed a Mobile County Local bill that would prohibit the Mobile County Health Department from regulating or requiring a permit for intermittent food service establishments that otherwise do not prepare, sell, or distribute food in its regular line of business when that food service establishment prepares or distributes food in association with a regional celebratory event or custom. The bill now goes to the Senate [HB528 by Representative Margie Wilcox].

SIGNIFICANT COMMITTEE ACTION THIS WEEK

The Senate Finance and Taxation Education Committee amended and gave a favorable report to a bill that would reestablish the income tax credit, which expired in 2016, for the rehabilitation, preservation or development of certified historic structures, would set aside credits for smaller counties, and would limit credits to structures 60 years or older. The bill now goes to the full Senate [HB345 by Representative Victor Gaston].

The Senate Finance and Taxation Education Committee gave a favorable report to a proposed Constitutional Amendment that would require any tax credit, exemption, deduction or preferential tax rate enacted beginning with the 2019 Regular Session of the Legislature to expire within 5 years from the effective date of the act unless extended by an act of the Legislature. The bill now goes to the full Senate [SB405 by Senator Bill Hightower].

The Senate Tourism and Marketing Committee amended and gave a favorable report to a House bill that would exempt fantasy sports contests from the prohibition against gambling and provide for regulation and registration of operators. The bill now goes to the full Senate [HB354 by Representative Alan Boothe].

The Senate Constitution, Ethics and Elections Committee gave a favorable report to a Senate bill that would lower the percentage of signatures needed on a petition to gain ballot access as an independent candidate in certain special elections. The bill now goes to the full Senate [SB398 by Senator Bill Hightower].

The Senate Transportation and Energy Committee amended and gave a favorable report to a bill that would limit a municipality, except those with a separate public works department, to spending the proceeds from a municipal excise tax or fee on gasoline only for the purchase or lease of equipment or purchase of materials essential to specific road or bridge maintenance, improvement, replacement, and construction projects. The bill now goes to the full Senate [SB401 by Senator Gerald Dial].

The Senate Transportation and Energy Committee gave a favorable report to a bill that would require transportation network companies (Uber, Lyft) to obtain a permit from the Public Service Commission, provide fare transparency, implement a nondiscrimination policy, meet certain safety and consumer protection requirements, prohibit municipalities from imposing taxes or business licenses on companies or drivers, and authorize municipalities to prohibit the companies and drivers from operating within the corporate limits of the municipality. The bill now goes to the full Senate [SB271 by Senator Bobby Singleton].

The House Judiciary Committee gave a favorable report to a Senate bill that, as introduced, would have allowed capital defendants to choose to be executed by firing squad, rather than lethal injection or electrocution, but was amended to offer execution by nitrogen hypoxia instead of a firing squad. The bill now goes to the full House [SB12 by Senator Trip Pittman].

The House Ways and Means Education Committee amended and gave a favorable report to a Senate bill that would include certain specific public water or sewer authorities, systems or boards under the definition of a governmental entity for the purpose of exemption from state and local sales and use taxes. The bill now goes to the full House [SB295 by Senator Greg Reed].

The Senate Judiciary Committee amended and gave a favorable report to a House bill that would remove certain exemptions from licensure for child care facilities that are part of a church or nonprofit religious school, require confidential state inspections, criminal history records on employees and maintenance of the immunization records on all children, and licensure if state or federal funds are received for children in the facility. The bill now goes to the full Senate [HB277 by Representative Pebblin Warren].

The Senate Judiciary Committee held a public hearing, but did not vote, on a House bill that would allow a midwife who holds current midwifery certification from an organization accredited by the Institute for Credentialing Excellence to practice midwifery in the State of Alabama [HB315 by Representative Ken Johnson].

The Senate Judiciary Committee gave a favorable report to a proposed Constitutional Amendment that would require legislative approval of any Supreme Court decision affirming the Court of the Judiciary removing a judge from office. The bill now goes to the full Senate [SB8 by Senator Bill Hightower].

The House Judiciary Committee gave a favorable report to a Senate bill that would permit registered therapy dogs to accompany witnesses in legal proceedings. The bill now goes to the full House [SB273 by Senator Jimmy Holley].

The House County and Municipal Government committee amended and gave a favorable report to a Senate bill that would require the Land Commissioner to contract with a qualified auction company to sell at public auction lands, except lands in jurisdictions that have adopted expedited quiet title laws, which were sold for taxes and have not been redeemed within five years from the date the land was sold. The bill now goes to the full House [SB264 by Senator Trip Pittman].

The House County and Municipal Government Committee gave a favorable report to a Senate bill that would authorize the city council of a municipality to adopt an ordinance for civil parking enforcement and collection. The bill now goes to the full House [SB280 by Senator Jabo Waggoner].

The Senate Finance and Taxation General Fund Committee held a public hearing, but did not vote, on a House bill that would require health benefit plans to offer coverage for the treatment of Autism Spectrum Disorder for a child age nine or under for certain group insurance plans and contracts [HB284 by Representative Jim Patterson].

The House Constitution, Campaigns and Elections Committee gave a favorable report to a bill that would provide for the reapportionment and redistricting of the state House districts for elections in 2018. The bill now goes to the full House [HB571 by Representative Randy Davis].

The House Constitution, Campaigns and Elections Committee amended and gave a favorable report to a Senate bill that would prohibit a voter from voting in a primary runoff election unless the voter voted in the primary election of the party for which the runoff election is being held. The bill now goes to the full House [SB108 by Senator Tom Whatley].

SIGNIFICANT INTRODUCTIONS THIS WEEK

A bill was introduced in the House that would require all candidates for the position of city or county superintendent of education to have at least five years of full-time public school instructional experience and be certified to teach a core subject matter. The bill is pending the in House Education Policy Committee [HB584 by Representative Mike Ball].

A bill was introduced in the Senate that would eliminate the 36 month limit for Legislators and the Lt. Governor to continue his or her coverage under the State Employees’ Health Insurance Plan if the member served at least two full four-year terms in office. The bill is pending in the Senate Finance and Taxation General Fund Committee [SB408 by Senator Tom Whatley].

A bill was introduced in the Senate that would terminate the adoption and implementation of the standards commonly known as the Common Core Standards or Alabama College and Career Ready Standards and direct the State Board of Education to replace the courses of study in place immediately prior to the adoption of the Common Core Standards [SB415 by Senator Harri Anne Smith].

BUDGETS

The General Fund Budget has been passed by both chambers, but is pending action in the House on amendments passed in the Senate.

The Education Trust Fund Budget has been passed by both chambers, but is pending action in the Senate on amendments passed in the House.

SIGNIFICANT BILLS ENACTED

SB79 Sen. Pittman: Relating to Baldwin County; to authorize the county commission to levy an excise tax on the business of selling, distributing, storing, or withdrawing from storage gasoline or motor fuel and substitutes in the county not to exceed three cents per gallon.

HB185 Rep. Buskey: Relating to entertainment districts in Class 2 municipalities; to further define the licensed premises of a holder of a retail liquor license.

SB136 Sen. Melson: To change the annual sales tax holiday from the first Friday in August to the third Friday in July

SB95 Sen. Pittman: To clarify the process for calculation, distribution, and retention of excess funds held by a county following the sale of real estate for taxes

SB16 Sen. Brewbaker: To prohibit a judge from overriding a jury’s sentencing verdict in capital cases

HB230 Sen. Pringle: To empower any Class 2 municipality in the State of Alabama to authorize, by municipal ordinance, the operation of low-speed vehicles upon certain city streets of the municipality under limited circumstances and conditions.

SB32 Sen. Orr: To require students to pass a 100 question civics test, with certain exemptions, before graduating from high school or obtaining a high school equivalency diploma

HB98 Rep. Fridy: Constitutional Amendment; to support the rights of unborn children, namely the right to life, and would specify that the Constitution does not protect the right to abortion or require the funding of abortion

HB95 Rep. Mooney: To authorize health care providers to decline to perform services that violate their consciences

SB289 Sen. Glover: To repeal Act No. 82-675, 1982 1st Special Session, and Act No. 88-423, 1988 Regular Session, providing supplemental funding for certain salaries and expenses for the office of the District Attorney of the 13th Judicial Circuit in Mobile County.

HB23: Rep. Wingo: Known as the “Child Placing Agency Inclusion Act,” that would prohibit the state from taking adverse action against an adoption agency that declines to place a child in a situation that conflicts with its religious beliefs

SB4 Sen. Dial: To create a Legislative Services Agency which would consolidate Legislative Fiscal Office, Legislative Reference Service and the Alabama Law Institute under the new Agency

HB96 Rep. Butler: Known as the “Assisted Suicide Ban Act,” that would prohibit a person or health care provider from providing aid in dying to another person