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Legislature Prepares to Wind Down 2022 Regular Session

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MONTGOMERY, ALA., April 4, 2022 — Only four legislative days remain in the 2022 Regular Session. Right now, there appears to be growing momentum for the Legislature to finish the session and adjourn sine die next week. To accomplish that goal, lawmakers would need to meet for four days this week.
Education Budget
The Senate unanimously passed an amended $8.26 billion FY23 Education Trust Fund budget Thursday, which would result in pay raises for public school teachers based on years of experience. The raises represent an effort to retain experienced teachers and attract more students to pursue a career in education. The proposal would provide an automatic 1% annual raise and eliminate the salary cap that currently ends step raises after 27 years, and teachers with less than nine years of experience would see a 4% raise. Teachers with a bachelor’s degree and 20 years of experience would see an increase from $51,810 to $57,214 annually, and teachers with a master’s degree and 25 years of experience would see an increase from $61,987 to $69,151 annually. Teachers with 35 years of experience would see an increase of nearly 21%. The amended Education budget now returns to the House, where leadership has expressed support for the pay raises.
Teacher Retirement
A bill that would affect the Teachers’ Retirement System moved quickly this week and was delivered to Gov. Kay Ivey Thursday afternoon. HB 134, as amended, would provide a retirement plan to Tier II teachers after 30 years of service (instead of at age 62). The bill is intended to reduce disparities between Tier I and Tier II retirement benefits and make the teaching profession more attractive to potential educators.
Math Education
The Legislature gave final passage this week to SB 171, the “Numeracy Act,” which would direct resources and math coaches to struggling schools in an effort to improve the state’s math proficiency. The bill would establish an Office of Mathematics Improvement inside the State Department of Education which would oversee the state’s math curriculum and testing to ensure that students are at or above grade-level proficiency by 5th grade. Unlike the 2019 Literacy Act, the Numeracy Act does not include a holdback requirement. The bill would also require universities to establish guidelines for training its math education students. Implementation costs for the bill are estimated to be around $114 million per year.  The Numeracy Act was forwarded to Gov. Ivey Wednesday afternoon.
Charter Schools
A bill that would direct county tax revenue to charter schools has died for this legislative session. Due to technical problems with funding language in the Senate-passed bill, advocates pulled the bill instead of passing it and having to potentially amend the language in the future. A new bill will likely be introduced next session. A separate supplemental appropriations bill approved by the Senate Thursday allocated $2.9 million in state funding to charter schools based on enrollment.
Gambling
Neither of the two gambling proposals are likely to receive a floor vote this legislative session, as time is running short and significant hurdles remain. A House proposal would have established a state lottery, which would have used revenue for scholarships, and a more comprehensive Senate proposal would have authorized a lottery, sports betting, and eight casinos with slots and table games.
Telehealth
The Senate unanimously passed a bill Tuesday that would authorize the Alabama Board of Medical Examiners and the Medical Licensure Commission to establish standards for remote doctor visits. SB 272 as originally introduced would have required an in-person visit in the event a doctor sees a patient four or more times within a year. As amended in the Senate, if a doctor sees a patient more than four times within a year for the same condition, the doctor would be required to see the patient in person within 12 months or “refer the patient to a physician who can provide the in-person care within a reasonable amount of time, which shall not exceed 12 months.” SB 272 would not limit a patient’s future telehealth visits. Remote appointments must be initiated by patients or through referrals from existing physicians, and doctors could not prescribe controlled substances absent a recent in-person visit. SB 272 is currently pending in the House along with a similar measure, HB 423.
Incarcerated Pregnant Women
The House passed a bill Tuesday that would establish standards regarding the treatment and restraining of pregnant inmates and those who have recently given birth. HB 230 would in essence extend part of the federal First Step Act to Alabama’s state prisons and county jails. The First Step Act places limits on the ways pregnant women or women who have recently given birth can be restrained and requires incidents during which such women were restrained to be documented. HB 230 prescribes very detailed and extensive requirements regarding what is allowed and what is prohibited during the “immediate postpartum period,” which is defined as “[t]he six-week period following childbirth unless extended by a health care professional due to complications.” HB 230 now moves to the Senate for consideration.
Medical Cannabis
The Senate Children, Youth and Human Services Committee approved a bill this week that would establish requirements for women of childbearing age prior to purchasing medical cannabis. SB 324 “would require a dispensary site to require a negative pregnancy test for women of childbearing age before allowing them to purchase medical cannabis and would prohibit breast-feeding women from purchasing medical cannabis unless as a registered caregiver.” Further, the bill “would also require that any dispensary be located one thousand feet from a day-care center, or 2-year or 4-year institution of higher education.” SB 324 can now be considered by the full Senate.
Elder Abuse
Gov. Ivey signed “Shirley’s Law” Thursday, which will create the nation’s first elder abuse registry. The new database will include the names of people convicted of mistreating senior citizens, which will allow family members to see whether someone being considered for a job working with seniors has been convicted of or is under a protection order for elder abuse.
Traffic Ticket Revenue
A bill that would limit the revenue retained from traffic tickets passed the Senate and was unanimously approved by the House State Government Committee this week. SB 282 would mandate that no more than 10% of a city’s budget can come from traffic ticket fines. Of note, the bill exempts Class 1 municipalities from the cap. Birmingham is Alabama’s only Class 1 municipality. Ticket revenue above 10% of a city’s annual budget would be distributed to the Fair Trial Tax Fund and the Crime Victims’ Compensation Fund, which assists victims and their families with medical, counseling, and funeral costs. SB 282 can now be considered by the full House.
The following are bills being tracked by our governmental relations team:

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 – Read for the first time and referred to the House of Representatives committee on Ways and Means Education

House Committee:  Ways and Means Education

Senate Committee:

SB 0303 | Arthur Orr

Economic tax incentives, reporting requirements of state agencies, Sec. 40-1-50 am’d.

Mar 29, 2022 – Pending third reading on day 25 Favorable from 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

Banking and financial institutions, small loans, authorizing limited closing fees, Sec. 5-18-15 am’d.

Mar 09, 2022 – Pending third reading on day 21 Favorable from Banking and Insurance

House Committee:

Senate Committee:  Banking and Insurance

HB 0335 | Chris Blackshear

Banking and financial institutions, small loans, authorizing limited closing fees, Sec. 5-18-15 am’d.

Mar 29, 2022 – Delivered to Governor at 3:34 p.m. on March 29, 2022.

House Committee:

Senate Committee:  Banking and Insurance

SB 0211 | Chris Elliott

Vessels, certificate of title, uniform act, requirements, issuance by State Law Enforcement Agency, security agreement, perfection

Mar 09, 2022 – Assigned Act No. 2022-144.

House Committee:  State Government

Senate Committee:

HB 0289 | Steve Clouse

Supplemental Appropriations, from the American Rescue Plan Act – State Small Business Credit Initiative Fund for the fiscal year ending September 30, 2022.

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

Supplemental Appropriations, from the American Rescue Plan Act – State Small Business Credit Initiative Fund for the fiscal year ending September 30, 2022.

Mar 30, 2022 – Forwarded to Governor on March 30, 2022 at 4:18 p.m. on March 30, 2022

House Committee:  Ways and Means General Fund

Senate Committee:

HB 0259 | Prince Chestnut

Education, personal finance literacy, personal rights, and good citizenship in grades 6-12, Sec. 16-40-12 added.

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

Courts, Garnishment proceedings, service of garnishment notice further provided, Sec. 6-6-394.1 added.

Mar 30, 2022 – Pending third reading on day 26 Favorable from Judiciary

House Committee:

Senate Committee:  Judiciary

HB 0181 | Roderick Scott

Relating to the Department of Revenue; to all writs of garnishment to be issued by mail; to amend 40-2-11, as amended by Act 2021-148, 2021 Regular Session

Mar 15, 2022 – Scott motion to Indefinitely Postpone adopted Voice Vote

House Committee:  State Government

Senate Committee:

SB 0162 | Linda Coleman-Madison

Relating to the Department of Revenue; to all writs of garnishment to be issued by mail; to amend 40-2-11, as amended by Act 2021-148, 2021 Regular Session

Mar 17, 2022 – Assigned Act No. 2022-182.

House Committee:  State Government

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

Education, Prepaid Affordable College Tuition Program board, may meet electronically, Sec. 16-33C-4.1 am’d.

Mar 30, 2022 – Pending third reading on day 26 Favorable from State Government

House Committee:  State Government

Senate Committee:

SB 0081 | Donnie Chesteen

Alabama Trust Fund, virtual meetings, provided for, operation of board provided for, Sec. 36-17-21 added.

Mar 30, 2022 – Pending third reading on day 26 Favorable from State Government

House Committee:  State Government

Senate Committee:

HB 0085 | Danny Garrett

Public deposits, Security for Alabama Funds Enhancement (SAFE) Program board, to allow for virutal meetings, Sec. 41-14A-6 am’d.

Mar 31, 2022 – Engrossed

House Committee:  State Government

Senate Committee:

HB 0084 | Danny Garrett

Alabama Trust Fund, virtual meetings, provided for, operation of board provided for, Sec. 36-17-21 added.

Mar 29, 2022 – Read for the first time and referred to the Senate committee on Governmental Affairs

House Committee:

Senate Committee:  Governmental Affairs

HB 0083 | Danny Garrett

Education, Prepaid Affordable College Tuition Program board, may meet electronically, Sec. 16-33C-4.1 am’d.

Mar 29, 2022 – Read for the first time and referred to the Senate committee on Governmental Affairs

House Committee:

Senate Committee:  Governmental Affairs

HB 0066 | Shane Stringer

Firearms, offenses against public order, concealed pistols, concealed carry permit, constitutional carry, pistol permits, Secs. 9-11-304, 13A-11-52, 13A-11-73, 13A-11-74 repealed; Secs. 13A-11-7, 13A-11-50, 13A-11-55, 13A-11-61.2, 13A-11-62, 13A-11-71, 13A-11-85, 13A-11-90 am’d.

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

Firearms, concealed pistols, concealed carry permit, criminal code, offenses against public order, constitutional carry, pistol permits, Secs. 9-11-304, 13A-11-52, 13A-11-73, 13A-11-74 repealed; Secs. 13A-11-7, 13A-11-50, 13A-11-55, 13A-11-61.2, 13A-11-62, 13A-11-71, 13A-11-85, 13A-11-90 am’d.

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 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

Firearms, permitless carry, process for seized pistols amended, Secs. 13A-11-50, 13A-11-52, 13A-11-74 repealed; Secs. 13A-11-71, 13A-11-73, 13A-11-84 am’d.

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

Federal Aid Highway Finance Authority, date for payment of principal and interest, further provided, Sec. 23-1-314 am’d.

Mar 03, 2022 – Assigned Act No. 2022-122.

House Committee:  Ways and Means General Fund

Senate Committee:

SB 0057 | Arthur Orr

Taxation, tax credit, authorized for the cost of acquisition and construction of a qualified storm shelter

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 0001 | Gerald Allen

Firearms, possession and carrying of, certain requirements for, repealed or deleted, Secs. 9-11-304, 13A-11-50, 13A-11-51, 13A-11-52, 13A-11-59, 13A-11-71, 13A-11-73, 13A-11-74, repealed; Sec. 13A-11-61.2 am’d.

Feb 02, 2022 – Pending third reading on day 6 Favorable from Judiciary

House Committee:

Senate Committee:  Judiciary

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