ABA’s lobbying team pushed back on two bills introduced in the Alabama Legislature on behalf of Treasurer Young Boozer that would have created the Alabama Local Government Investment Pool Program within the office of the State Treasurer. By allowing public entities to deposit monies into an investment pool administered by Boozer, the bill would have created the potential for an exodus of public deposits out of Alabama banks.
The ABA is grateful to bill sponsors Rep. Reed Ingram (R-Pike Road) and Sen. Sam Givhan (R-Huntsville) for quickly responding to banker concerns and withdrawing the bills from consideration.
Alabama “Game Plan” Moving Down the Field
The Ivey Administration’s four-bill package of economic development incentive-related bills, dubbed the “Game Plan,” saw significant action in both houses of the Legislature this week. All four bills detailed in last week’s legislative report passed the House unanimously on Thursday. The Senate also passed two bills in the package. The Game Plan’s lynchpin, the renewal of the Alabama Jobs Act, extends the program’s sunset date and increases the cap on incentives the State is able to offer to prospective employers from $350 million in 2022 to $475 million by 2027. The bills are expected to receive final passage next week and go to the governor for her signature.
School Choice Bills Filed
Sen. Larry Stutts and Rep. Ernie Yarbrough have each filed the Parental Rights in Children’s Education (“PRICE”) Act legislation. The bills are similar to legislation passed in other states that create Education Savings Accounts (“ESAs”), which families can use to send students to the schools of their choice. The bills provide that the ESAs would be funded by the state portion of the per pupil allotment of tax dollars, which is currently just under $7,000. Parents who apply and are approved would be able to use their ESA for expenses related to home schooling, private school, online school, private tutors, and other qualifying educational needs.
Additional school choice bills pertaining to the Alabama Accountability Act and the Alabama charter school program are also expected to be filed in the coming weeks.
Roadbuilder Liability Bill
Rep. David Faulkner filed HB249, which would vastly increase the liability protections provided to contractors on highway, road, and bridge projects awarded by governmental entities. HB249 would absolve a contractor of liability for its work on a highway, road, and/or bridge project if the contractor followed the specifications within the contract. Currently, if the specifications create a dangerous condition, the burden is on the contractor to show that they otherwise would not have reasonably known the dangerous condition was created, even if they followed the contract’s specifications. Moreover, the bill states that following completion of the project and the determination by the awarding authority that the project substantially complies with the plans and specifications, the contractor is thereby civilly immune for any future condition of the project that may develop.
Other Bills of Interest
Two education-related bills passed their respective committees this week. Senator Rodger Smitherman’s SB180 would require all K-12 public school history and social studies classes to teach fact-based, historically accurate, and inclusive history, recognizing the contributions of minority groups. Rep. Ed Oliver’s HB7 would ban divisive concepts in classrooms and worker trainings on race and gender. The bill would prohibit a list of what it calls “divisive concepts,” or ideas that people from any one group should be asked to accept “a sense of guilt” because of their race or gender — or that fault, blame, or bias should be assigned to a race or gender solely because of their race or gender. It passed the House State Government Committee by a vote of 9-3.
Rep. Chip Brown’s HB293 is a new port incentive bill designed to enhance current incentives tied to utilizing the Port of Mobile. The bill changes the existing port income tax credit so that the credit increases with a business’s cargo volume.
Rep. Russell Bedsole’s HB219 would begin to place restrictions around the sale of Delta-8 products and other products that contain psychoactive cannabinoids. The bill would place an 8% tax on the products and require a customer to be at least 21 years of age to purchase. The bill received a favorable report in the House Health Committee.
The following are bills currently being tracked by our governmental relations team:
| Bill | Sponsors | Title | Last Action | Latest Version |
| AL 2023rs SB 156 |
Chris Elliott
|
To add Chapter 9B to Title 41, Code of Alabama 1975, to establish the Occupational Licensing Boards Division in the office of the Secretary of State; to provide that the division is responsible for the oversight and regulation of certain occupational licensing boards; to provide for the appointment of an executive director, deputy directors, and the employment of staff, including investigators; to provide standards for determining fees; to provide for the appointment of members and the reimbursement of their expenses; to provide uniformity in the collection of fees and the deposit of monies received into the State General Fund. | Senate • Apr 13, 2023: Read Second Time in House of Origin | Introduced |
| AL 2023rs SB 11 |
Will Barfoot
|
Relating to the Alabama Uniform Trust Code; to amend Section 19-3B-414, Code of Alabama 1975, to further provide for the modification or termination of an uneconomic trust. | House • Apr 12, 2023: Read Second Time in Second House | Introduced |
| AL 2023rs HB 47 |
Cynthia Almond
|
Relating to the Alabama Uniform Trust Code; to amend Section 19-3B-414, Code of Alabama 1975, to further provide for the modification or termination of an uneconomic trust. (Banking and Insurance) | Senate • Apr 12, 2023: Referred to Committee (Banking and Insurance) | Introduced |
| AL 2023rs HB 164 |
Andy Whitt
|
Relating to public high schools; to require students to complete a personal financial literacy and money management course before graduation; to provide for the creation and administration of a financial literacy examination; and to require the reporting of a summary of examination results to the State Department of Education. | House • Apr 05, 2023: Read Second Time in House of Origin | Introduced |
| AL 2023rs HB 214 |
Chip Brown
|
Relating to building codes; to amend Section 27-2-39, Code of Alabama 1975, to provide for a portion of fees and taxes collected by the Department of Insurance to the Alabama Residential Building Code Fund; to designate Sections 34-14A-1 through 34-14A-20 as Article 1 of Chapter 14A of Title 34, Code of Alabama 1975; to amend Sections 34-14A-1, 34-14A-2, 34-14A-7, 34-14A-12, 34-14A-20, Code of Alabama 1975, to provide for the establishment of the Alabama Residential Building Code and its authority; to further provide for the practice of residential home building; to further provide for the duties of the Home Builders Licensure Board; to add Article 2, commencing with Section 34-14A-41, to Chapter 14A of Title 34, Code of Alabama 1975, to establish the Alabama Residential Building Code Division within the Home Builders Licensure Board and provide for its duties; to establish the Alabama Residential Building Code Fund in the State Treasury and provide for its administration; to add Article 6A, commencing of Section 41-9-175, to Chapter 9 of Title 41, Code of Alabama 1975, to establish the Alabama Residential Building Code Advisory Council and provide for its membership and duties; to amend Sections 41-23-80, 41-23-81, 41-23-82, 41-23-84, 41-23-85, Code of Alabama 1975, to provide for the change of the name of the Alabama Energy and Residential Codes Board to the Alabama Commercial Energy Code Board and further provide for the membership of the board; and to provide requirements for certain local building codes adopted or amended after a date certain. (Insurance) | House • Apr 05, 2023: Carry Over (Insurance) | Introduced |
| AL 2023rs SB 173 |
Sam Givhan
|
Relating to the State Treasurer; to create the Alabama Local Government Investment Pool Program within the Office of the State Treasurer to allow state and local public entities to deposit monies in an investment pool administered by the treasurer; to provide parameters for investments; to authorize the treasurer to take certain actions to administer the program; to establish the Alabama Local Government Investment Advisory Board and provide for its membership and duties; and to provide further for the Office of the State Treasurer’s travel expenses. (State Governmental Affairs) | Senate • Apr 05, 2023: Introduced and Referred (State Governmental Affairs) | Introduced |
| AL 2023rs SB 136 |
Sam Givhan
|
Relating to building codes; to amend Section 27-2-39, Code of Alabama 1975, to provide for a portion of fees and taxes collected by the Department of Insurance to the Alabama Residential Building Code Fund; to designate Sections 34-14A-1 through 34-14A-20 as Article 1 of Chapter 14A of Title 34, Code of Alabama 1975; to amend Sections 34-14A-1, 34-14A-2, 34-14A-7, 34-14A-12, 34-14A-20, Code of Alabama 1975, to provide for the establishment of the Alabama Residential Building Code and its authority; to further provide for the practice of residential home building; to further provide for the duties of the Home Builders Licensure Board; to add Article 2, commencing with Section 34-14A-41, to Chapter 14A of Title 34, Code of Alabama 1975, to establish the Alabama Residential Building Code Division within the Home Builders Licensure Board and provide for its duties; to establish the Alabama Residential Building Code Fund in the State Treasury and provide for its administration; to add Article 6A, commencing of Section 41-9-175, to Chapter 9 of Title 41, Code of Alabama 1975, to establish the Alabama Residential Building Code Advisory Council and provide for its membership and duties; to amend Sections 41-23-80, 41-23-81, 41-23-82, 41-23-84, 41-23-85, Code of Alabama 1975, to provide for the change of the name of the Alabama Energy and Residential Codes Board to the Alabama Commercial Energy Code Board and further provide for the membership of the board; and to provide requirements for certain local building codes adopted or amended after a date certain. (Banking and Insurance) | Senate • Mar 23, 2023: Introduced and Referred (Banking and Insurance) | Introduced |
| AL 2023rs HB 49 |
Reed Ingram
|
Relating to the State Treasurer; to create the Alabama Local Government Investment Pool Program within the Office of the State Treasurer to allow state and local public entities to deposit monies in an investment pool administered by the treasurer; to provide parameters for investments; to authorize the treasurer to take certain actions to administer the program; to establish the Alabama Local Government Investment Advisory Board and provide for its membership and duties; and to provide further for the Office of the State Treasurer’s travel expenses. | House • Mar 22, 2023: Read Second Time in House of Origin | Introduced |
| AL 2023rs HB 58 |
Corley Ellis
|
Relating to insurance; to define lender-placed insurance on real property and provide a framework for regulating lender-placed insurance; to require separation between lenders and insurers and define unfair competitive practices in the sale, placement, solicitation, and negotiation of lender-placed insurance; to further provide for the term of the lender-placed insurance on real property and for the calculation of coverage and payment of premium; to provide for prohibited practices in the issuance of lender-placed insurance on real property; to require certain details of the insurance to be set forth in the policy or certificate of insurance; to require for the filing and approval by the Department of Insurance of the forms and rates to be charged for the insurance; to provide for the enforcement of the act and penalties for violations of the act; and to provide for judicial review of orders of the Commissioner of Insurance. (Insurance) | House • Mar 22, 2023: Carry Over (Insurance) | Introduced |
| AL 2023rs SB 125 |
Merika Coleman
|
Relating to credit and debit card fees; to provide that the calculation of any credit or debit card swipe fee may not include taxes and fees added on to the price of the goods or services purchased by the credit or debit card. (Banking and Insurance) | Senate • Mar 22, 2023: Introduced and Referred (Banking and Insurance) | Introduced |
| AL 2023rs HB 188 |
Chip Brown
|
Relating to public contracts; to prohibit the consideration of environmental, social, and governance (ESG) criteria when awarding a public contract; and to require a responsible bidder, as a condition of being awarded a public contract, to certify, under penalty of perjury, that its employees will not be subject to a personal ESG rating as a basis of hiring, firing, or evaluation. (State Government) | House • Mar 22, 2023: Introduced and Referred (State Government) | Introduced |
| AL 2023rs HB 181 |
Mack Butler
|
Relating to financial institutions; to amend Section 5-5A-43, Code of Alabama 1975, to prohibit financial institutions from disclosing certain customer financial records of firearms transactions with certain exceptions; to allow the Department of Finance to disqualify a financial institution from any selection process for state contracts for violation of this prohibition; and to provide civil penalties and criminal penalties for violation of the act. (Financial Services) | House • Mar 22, 2023: Introduced and Referred (Financial Services) | Introduced |
