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  • Legislative Update

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    The Alabama legislature returned for the sixth week of the 2022 regular session this Tuesday. Last Thursday marked the 15th legislative day, the halfway point, of the 30-day session. 
     
    The Legislature has been using three legislative days per week for the past few weeks instead of the traditional two legislative days. They are scheduled to work another three days this week. 
     
    Legislative Spring Break is expected to occur the week of March 21st.  Bills are continuing to move at a regular pace, committees are moving bills out, a few bills have made it out of the other respective chamber, and some have been sent to the Governor’s desk for signature.
     
    Several bills that are significant to supporting the Military Community passed.
     
    The General Fund Budget also passed out of the Senate Thursday and was sent to the House.  
     
    Here are highlights below:
     
    ARPA Tax Relief
    Governor Ivey signed legislation last week that changes the state tax code to ensure Alabama taxpayers do not pay higher state income taxes due to certain credits received under the American Rescue Plan Act (“ARPA”).  The new law would align the state code with the ARPA federal child, earned income, and child and dependent care tax credits to reduce the amount due on state returns.
     
    Budgets
    Both the General Fund and Education Trust Fund are expected to use recent surpluses to pay significant outstanding obligations and to fund reserve savings accounts.  According to the Legislative Services Agency, repayment efforts include:
    • Most of the $450 million borrowed to stabilize the General Fund in FY13-15
    • $30 million to the Corrections Institution Finance Authority to pay debt service on bonds for new prisons approved last year, if needed.  If not needed for prison bonds, it would go toward eliminating trust fund debt
    • $24.7 million to the General Fund reserve account created in 2020, which would put the account at its $100 million cap
    • $111.1 million to fully fund the Education Trust Fund’s rolling reserve account created in 2011 to stop mid-year budget cuts
    • $177.3 million to pay off the remaining owed on the Prepaid Affordable College Tuition program.  Otherwise, annual payments would be needed until FY27
    • $200 million to pay off bond debt as it becomes due
     
    The Senate overwhelmingly approved a $2.7 billion General Fund budget last Thursday that includes a 4% pay raise for state employees and a $17 million increase for the Department of Mental Health.  That budget has now been sent to the House Budget committee for consideration.
     
    Concealed Carry
    The House passed a bill last week that would eliminate the requirement that gun owners obtain a permit to carry a concealed handgun.  While permits would still be available for carrying in other states, HB 272 would allow for concealed carry of handguns on the body, in a purse, or in a vehicle without a permit.  The bill was modified to clarify that private property owners would retain their right to restrict firearms on private property. The bill has now moved to the Senate for consideration.
     
    Literacy Act
    Both chambers approved legislation last week related to the Alabama Literacy Act.  The Senate passed SB 200, which would delay the third-grade holdback requirement of the 2019 law until 2024.  The House also unanimously passed HB 220, as amended, that would clarify that:
    • Special needs students who have an individual education plan and don’t take the state’s standardized test are exempt from the retention
    • English language learners have three years after enrollment before the retention applies to them
    • No child will be retained in third grade more than once
     
    HB 220 originally included a one-year delay to the holdback requirement, but the delay language was dropped altogether in favor of the two-year delay language in SB 200.  Both bills now move to the second chamber for consideration.
     
    Kindergarten
    The House passed a bill Wednesday that would require children to successfully complete kindergarten or take a test to demonstrate entry readiness before being admitted to first grade.  HB 331 now moves to the Senate for consideration.
     
    Several military related bills received final passage last week and are listed below.
     
    National Guard, Space Force, Space National Guard, bill operative only if federal government creates Space National Guard, Secs. 31-2-1, 31-2-3, 31-2-55, 31-2-57, 31-3-1 am'd
    Relating to the Alabama National Guard; to provide  for the inclusion of the Space National Guard within the  Alabama National Guard, contingent upon its creation by the  federal government.

    ESTABLISHING A SPACE NATIONAL GUARD WITHIN THE NATIONAL GUARD: Military leaders this year have continued pushing Congress to create a new National Guard to stand up a Space National Guard, and potentially rename the Air National Guard as the “Air and Space National Guard.” Should this happen, Alabama is positioning itself with potential legislation to establish a Space Force within the Air National Guard.
     
    Military, spouses, occupational licensing boards, date revised by which rules must be adopted, timeframe extended for which a temporary permit to practice is effective, Sec. 31-1-6 am'd
    Under existing law, occupational licensing  boards are required to adopt rules to provide for  licensure or certification of spouses of military personnel if the applicant possesses a license or  certificate from another state that is  substantially equivalent to Alabama's licensure  requirements. This bill would revise the date by which rules must be adopted, would extend the timeframe for which a temporary permit to practice is effective for a military spouse, and would no longer exempt certain health occupational licensing boards from the provisions of this act.

    ENHANCE MILITARY SPOUSE LICENSURE: Under existing law, occupational licensing boards are required to adopt rules to provide for licensure or certification of spouses of military personnel if the applicant possesses a license or certificate from another state that is substantially equivalent to Alabama's licensure requirements. This legislation would revise the date by which rules must be adopted, would extend the timeframe for which a temporary permit to practice is effective for a military spouse, and would no longer exempt certain health occupational licensing boards from the provisions of this act, substantially increasing the quality of life for a military spouse who would like to begin work right away after transferring to Alabama.

    Military, spouses, occupational licensing boards, date revised by which rules must be adopted, timeframe extended for which a temporary permit to practice is effective, Sec. 31-1-6 am'd
    Relating to military spouses; to amend Section 6 31-1-6, Code of Alabama 1975, to revise requirements for 7 occupational licensing boards to adopt rules that provide for 8 reciprocal occupational licenses for military spouses under 9 certain circumstances
     
    Education, public K-12, establishing a program of advance enrollment for children of military families 

    Education, public K-12, establishing a program of advance enrollment for children of military famlies ADVANCE SCHOOL ENROLLMENT FOR CHILDREN OF MILITARY FAMILIES:  This legislation would establish a program to allow children of members of the military relocating to Alabama under military orders to enroll provisionally in a local public school in advance of arrival in the state without proof of residency
     
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