The Legislature met for two days last week, breaking a consistent pattern of three-day weeks during this Regular Session. Despite the “break” on Wednesday, both legislative bodies put in significant hours last week due to serious debate on a number of substantive and controversial bills.
After a few weeks of late nights and heated debates, this week is a much-needed Spring Break for the Legislature. They will return on March 29 for the 24th day of the 30-day session. The Legislature is expected to resume the three-day week pattern until the conclusion of the session.
When lawmakers return, the General Fund Budget will likely be addressed in a conference committee, and the Education Trust Fund Budget will see committee action. Movement of the budgets usually signals that the end of the session is near, and it is likely the Legislature could conclude the Regular Session within two to three weeks after Spring Break.
School Choice
The Senate approved SB 261 by Sen. Dan Roberts on Tuesday. The bill would increase the amount individuals and corporations may give (and therefore receive a tax credit) to educational scholarship granting organizations under the Alabama Accountability Act. The bill does not increase the current annual cumulative tax credit cap of $30,000,000; it simply allows individuals and corporations to give more and receive a tax credit equal to 100% of the contribution. The bill is expected to be considered by House committee when they reconvene after Spring Break.
The Senate also passed a bill Thursday that would allow county tax revenue to go to public charter schools. Currently, county tax revenue earmarked for education is distributed among the county school system and any city systems within that county. Under SB 302, charter schools in a county could receive a portion of that revenue based on their annual enrollment. As amended on the floor, the bill specifies that charter schools will not receive more state funding per student than traditional public schools in a county and ensures that counties with less than 40,000 residents are not required to dedicate local funds to charter schools. The bill now goes to the House for consideration.
“Divisive Concepts”
The House passed a bill Thursday largely along party lines that would prohibit a list of “divisive concepts relating to race or sex” from being taught in public K-12 schools and from workplace training for state entities. HB 9 lists nine such concepts, including:
- That one race or sex is inherently superior to another race or sex.
- That this state or the United States is fundamentally racist or sexist
- That an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously
- That an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex
- That members of one race or sex cannot and should not attempt to treat others without respect to race or sex
- That an individual’s moral character is necessarily determined by his or her race or sex
- That an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex
- That any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex
- That meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race
The bill now moves to the Senate for consideration.
General Fund Budget
The House approved a $2.7 billion General Fund budget Tuesday, moving it closer to final passage. House changes required that the bill be returned to the Senate, which voted to go to a conference committee to resolve the differences between the two versions. Of note, the plan includes a 4% raise for current state employees and a one-time bonus for retired state employees.
Unemployment
The Senate amended and passed a bill Thursday that would require individuals to apply for a minimum of three jobs per week to be eligible to receive state unemployment benefits. Under SB 224, the Department of Labor “shall require the claimant to provide proof of work search efforts when filing his or her weekly certification” and “shall conduct random reviews of at least 10 percent of the work search proof provided by claimants each week.” The bill now moves to the House for consideration.
Gambling
The House Economic Development and Tourism Committee approved a “lottery-only” bill Thursday that would allow for lottery ticket sales but does not include the casino or sports betting provisions found in the Senate proposal. Under HB 501, revenue from the lottery ticket sales would go toward education, including scholarships and student loan repayment grants. The Senate has yet to vote on its gambling package and now may wait to see how HB 501 fares in the House. However, time is quickly becoming an issue. If either proposal is passed by the Legislature, it would require voter approval on the November ballot.
Involuntary Commitment
The Senate gave final passage to a bill Thursday that would change the involuntary commitment process for people with mental health issues. HB 70 would allow a probate judge to consider “the respondent’s actions occurring within the two-year period immediately preceding the hearing” and would define “real and present threat of substantial harm to self or others” to include “a significant risk that an individual who is exhibiting behavior consistent with a mental illness, as a result of the mental illness, will do either of the following: by action or inaction, cause, allow, or inflict serious bodily harm upon himself, herself, or another individual [or] be unable to satisfy his or her need for nourishment, medical care, shelter, or self-protection so that there is a substantial likelihood of death, serious bodily harm, serious physical debilitation, serious mental debilitation, or life-threatening disease.” The bill now goes to Gov. Kay Ivey.
COVID-19 Treatments
The Senate Health Care Committee approved a bill, reportedly without a quorum, Wednesday pertaining to “off label” prescriptions of drugs that have already been approved by the FDA. SB 312 would:
- Prohibit an occupational licensing board from taking adverse action against a physician who recommends a COVID-19 treatment that is not FDA-approved
- Require a patient’s written, informed consent to receive a physician’s recommended COVID-19 treatment if the treatment is not FDA-approved
- Require pharmacies to fulfill prescriptions that are not FDA-approved to treat COVID-19
- Require health care facilities to provide a patient’s requested off-label COVID-19 treatment
- Provide a cause of action against an occupational licensing board, pharmacy, or health care facility that violates the provisions of the bill
- Provide that a health care facility, pharmacy, and licensing board that complies with this bill is immune from civil liability related to certain COVID-19 treatments
ABA’s governmental affairs team continues to monitor the following bills:
HB 0518 | Jeremy Gray
Economic development, to create a small business micro-loan program, to establish a micro-loan tax credit for the benefit of the micro-loan program, Secs. 41-10-840 to 41-10-843, inclusive, added.
Mar 17, 2022 –
House Committee:
Senate Committee:
SB 0303 | Arthur Orr
Economic tax incentives, reporting requirements of state agencies, Sec. 40-1-50 am’d.
Mar 09, 2022 – Read for the first time and referred to the Senate committee on Finance and Taxation Education
House Committee:
Senate Committee: Finance and Taxation Education
SB 0258 | Jack Williams
Public notices, virtual method, provided for
Mar 09, 2022 – Banking and Insurance first Amendment Offered
House Committee:
Senate Committee: Banking and Insurance
SB 0257 | Will Barfoot
Mar 09, 2022 – Pending third reading on day 21 Favorable from Banking and Insurance
House Committee:
Senate Committee: Banking and Insurance
HB 0391 | Steve Clouse
Mar 17, 2022 – Pending third reading on day 24 Favorable from Finance and Taxation General Fund
House Committee:
Senate Committee: Finance and Taxation General Fund
HB 0335 | Chris Blackshear
Mar 17, 2022 – Forwarded to Executive Department
House Committee:
Senate Committee: Banking and Insurance
SB 0211 | Chris Elliott
Mar 09, 2022 – Assigned Act No. 2022-144.
House Committee: State Government
Senate Committee:
HB 0289 | Steve Clouse
Mar 09, 2022 – Pending third reading on day 21 Favorable from Ways and Means General Fund with 1 amendment
House Committee: Ways and Means General Fund
Senate Committee:
SB 0191 | Greg Albritton
Mar 17, 2022 – Conference Committee Appointed
House Committee: Ways and Means General Fund
Senate Committee:
HB 0272 | Shane Stringer
Mar 10, 2022 – Forwarded to Governor at 3:05 p.m. on March 10, 2022.
House Committee:
Senate Committee: Judiciary
HB 0259 | Prince Chestnut
Feb 03, 2022 – Read for the first time and referred to the House of Representatives committee on Education Policy
House Committee: Education Policy
Senate Committee:
HB 0238 | David Faulkner
Mar 02, 2022 – Read for the first time and referred to the Senate committee on Judiciary
House Committee:
Senate Committee: Judiciary
HB 0181 | Roderick Scott
Mar 15, 2022 – Scott motion to Indefinitely Postpone adopted Voice Vote
House Committee: State Government
Senate Committee:
SB 0162 | Linda Coleman-Madison
Mar 17, 2022 – Forwarded to Governor on March 17, 2022 at 10:08 a.m. on March 17, 2022
House Committee: State Government
Senate Committee:
HB 0145 | Reed Ingram
Feb 16, 2022 – Pending third reading on day 12 Favorable from Financial Services
House Committee: Financial Services
Senate Committee:
HB 0127 | Andrew Sorrell
Virtual currency, exemption from ad valorem taxation provided, Sec. 40-9-1 am’d.
Jan 13, 2022 – Read for the first time and referred to the House of Representatives committee on Ways and Means General Fund
House Committee: Ways and Means General Fund
Senate Committee:
SB 0084 | Donnie Chesteen
Feb 02, 2022 – Read for the first time and referred to the House of Representatives committee on State Government
House Committee: State Government
Senate Committee:
SB 0081 | Donnie Chesteen
Feb 15, 2022 – Rereferred from BA&C to SG
House Committee: State Government
Senate Committee:
HB 0085 | Danny Garrett
Feb 09, 2022 – Pending third reading on day 9 Favorable from State Government
House Committee: State Government
Senate Committee:
HB 0084 | Danny Garrett
Feb 09, 2022 – Pending third reading on day 9 Favorable from State Government
House Committee: State Government
Senate Committee:
HB 0083 | Danny Garrett
Feb 09, 2022 – Pending third reading on day 9 Favorable from State Government
House Committee: State Government
Senate Committee:
HB 0082 | Danny Garrett
Feb 22, 2022 – Assigned Act No. 2022-53.
House Committee:
Senate Committee: Finance and Taxation Education
HB 0066 | Shane Stringer
Jan 11, 2022 – Read for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security
House Committee: Public Safety and Homeland Security
Senate Committee:
HB 0044 | Andrew Sorrell
Jan 11, 2022 – Read for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security
House Committee: Public Safety and Homeland Security
Senate Committee:
HB 0027 | Rolanda Hollis
Jan 11, 2022 – Read for the first time and referred to the House of Representatives committee on Judiciary
House Committee: Judiciary
Senate Committee:
HB 0007 | James Hanes
Firearms, Second Amendment Preservation Act, right to keep and bear arms, provided
Jan 11, 2022 – Read for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security
House Committee: Public Safety and Homeland Security
Senate Committee:
HB 0006 | Shane Stringer
Jan 11, 2022 – Read for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security
House Committee: Public Safety and Homeland Security
Senate Committee:
SB 0067 | Clyde Chambliss
Mar 03, 2022 – Assigned Act No. 2022-122.
House Committee: Ways and Means General Fund
Senate Committee:
SB 0057 | Arthur Orr
Jan 11, 2022 – Read for the first time and referred to the Senate committee on Finance and Taxation Education
House Committee:
Senate Committee: Finance and Taxation Education
SB 0048 | Thomas Whatley
Mar 17, 2022 – Forwarded to Governor on March 17, 2022 at 10:08 a.m. on March 17, 2022
House Committee: Financial Services
Senate Committee:
SB 0012 | Tim Melson
Jan 11, 2022 – Read for the first time and referred to the Senate committee on Judiciary
House Committee:
Senate Committee: Judiciary
SB 0001 | Gerald Allen
Feb 02, 2022 – Pending third reading on day 6 Favorable from Judiciary
House Committee:
Senate Committee: Judiciary
