Last week proved to be a long and sometimes contentious week in the Alabama Legislature as they debated emergency powers of the executive branch, penalties for habitual offenders, and medical marijuana. General Fund and Education budget bills continue to work their way through the process.
The Legislature has now completed 18 legislative days of their 30-day session, and they are poised to meet for three days this week.
Below is a brief report from last week’s proceedings followed by a lengthy list of the bills the Chamber continues to track.
Emergency Powers
The Senate passed a controversial bill on last Thursday that would limit executive branch power during a state of emergency. Current law allows a state of emergency declared by the governor or Legislature to last up to 60 days and to be extended by the governor or a joint resolution of the Legislature. SB 97 would limit a state of emergency to 45 days and provide that only the Legislature could extend a state of emergency after 120 days. The proposed legislation also directs the governor to consult with the Legislature in good faith prior to issuing emergency health orders and would require the governor to approve any emergency health orders issued by the state health officer. SB 97 now moves to the House for consideration.
“Essential” Businesses
The Senate also approved a House-passed bill to ensure that businesses and churches can remain open during a state of emergency, provided they follow emergency orders. HB 103 would limit the emergency power of the executive branch to close businesses and churches and is intended to make sure small businesses have the same opportunity as others to remain open and operate responsibly by eliminating the designation of “essential” and “non-essential” businesses. The bill now heads to Governor Ivey’s desk.
Habitual Offenders
The House Judiciary Committee approved a bill last Wednesday that would effectively repeal the Habitual Felony Offender Act (“HFOA”), which requires more severe penalties for people convicted of multiple felonies. HB 107, approved by a vote of 8-5 after contentious debate, would allow for potential resentencing of some current inmates and result in the inapplicability of the HFOA to future cases. The bill now moves to the full House for consideration.
Medical Marijuana
Consideration of Sen. Tim Melson’s medical cannabis bill was postponed by the House Judiciary Committee for a second time and is now expected to be taken up this Wednesday. A vote on SB 46 was tabled until this week after several amendments were offered, providing more time to work on the bill. The bill was passed by the Senate in February and (in an unusual move) will be referred to the House Health Committee for further consideration if the Judiciary Committee gives the bill a favorable report.
Additional Bills the Chamber is monitoring:
SB 0339 | Greg Reed
Alabama Innovation Corporation; incorporation; legislative findings, implementation of Small Business Innovation Research or Small Business Technology grants, board of directors, powers, contracts, investments, Sec. 41-10-800 to 41-10-810, inclusive, added
Mar 16, 2021 - Read for the first time and referred to the Senate committee on Fiscal Responsibility and Economic Development
Senate Committee: Fiscal Responsibility and Economic Development
SB 0338 | Greg Reed
Innovate Alabama Matching Grant Program, matching grants to entities receiving Small Business Innovation Research or Small Business Technology grants, Secs. 41-10-820 to 41-10-823, inclusive, added.
Mar 16, 2021 - Read for the first time and referred to the Senate committee on Fiscal Responsibility and Economic Development
Senate Committee: Fiscal Responsibility and Economic Development
HB 0541 | William Poole
Innovate Alabama Matching Grant Program, matching grants to entities receiving Small Business Innovation Research or Small Business Technology grants, Secs. 41-10-820 to 41-10-823, inclusive, added.
Mar 11, 2021 - Read for the first time and referred to the House of Representatives committee on Boards, Agencies and Commissions
House Committee: Boards, Agencies and Commissions
HB 0540 | William Poole
Alabama Innovation Corporation; incorporation; legislative findings, implementation of Small Business Innovation Research or Small Business Technology grants, board of directors, powers, contracts, investments, Sec. 41-10-800 to 41-10-810, inclusive, added
Mar 11, 2021 - Read for the first time and referred to the House of Representatives committee on Boards, Agencies and Commissions
House Committee: Boards, Agencies and Commissions
SB 0216 | Thomas Whatley
Education, National Guard, to limit amount of private tuition reimbursed to eligible guard members, Secs. 31-10-20 to 31-10-25, inclusive, repealed; Secs. 31-10-2, 31-10-3, 31-10-4.1 am'd.
Feb 10, 2021 - Read for the first time and referred to the Senate committee on Finance and Taxation Education
Senate Committee: Finance and Taxation Education
HB 0203 | Timothy Wadsworth
Open Meetings Act, further define terms deliberation and meeting, technical revisions, Sec. 36-25A-2 am'd.
Feb 02, 2021 - Read for the first time and referred to the House of Representatives committee on State Government
House Committee: State Government
HB 0192 | William Poole
Economic development, job credit and investment credit for approved projects sunset date extended, incentives for attraction of new and expanding business including rural areas, incentives for high-tech companies Growing Alabama Act, Income tax, tax credits for use of state's port facilities, authorized, Sec. 40-18-376.4 added; Secs. 40-18-370, 40-18-375, 40-18-376.3, 40-18-382, 40-18-383, 40-18-400, 40-18-403 am'd.
Feb 11, 2021 - Assigned Act No. 2021-2.
House Committee: Ways and Means Education
HB 0170 | Danny Garrett
Income tax, exclusion for federal tax credits, advance refunds, qualified disaster relief payments, subsidies, grants, student loans, or loan forgiveness from federal CARES Act and subsequent federal COVID relief legislation, exemption from income and financial institution excise tax for amounts from the Coronavirus Relief Fund, to decouple from 26 U.S.C, 951A and 118 (b)(2), to change business interest expense limitation, and to allow Electing Pass-Through Entity to be taxed at entity level, Sec. 40-27-1 am'd.
Feb 11, 2021 - Delivered to Governor at 11:42 a.m. on February 11, 2021.
House Committee: Ways and Means Education
SB 0130 | Linda Coleman-Madison
Audiology and Speech-Language Pathology Interstate Compact, established to authorize licensees to practice among compact member states
Mar 11, 2021 - Assigned Act No. 2021-118.
House Committee: Health
SB 0124 | Donnie Chesteen
Board of Medical Examiners and Medical Licensure Commission, providing further for confidentiality of board meetings, updating of approved accreditation organizations, and requirements for a certificate of qualification, qualifications and procedures for issuance of temporary certificates of qualification and licenses to physicians and assistants to physician applicants who are in state under military orders, Secs. 34-24-70.1, 34-24-301.1 added; Secs. 34-24-60, 34-24-70, 34-24-297, 34-24-302, 34-24-337, 34-24-361 am'd.
Mar 09, 2021 - Assigned Act No. 2021-100.
House Committee: Health
SB 0104 | Will Barfoot
Conservation and Natural Resources Dept., disabled veteran lifetime hunting and fishing licenses, fees, disposition, Sec. 9-11-65.3 added.
Mar 09, 2021 - Assigned Act No. 2021-83.
House Committee: Military and Veterans Affairs
SB 0103 | Will Barfoot
School Choice and Student Opportunity Act, formation of charter schools on or near military installation, with focus on serving military dependents, authorized, Sec. 16-6F-5 am'd.
Mar 11, 2021 - Assigned Act No. 2021-103.
House Committee: Military and Veterans Affairs
SB 0102 | Andrew Jones
Psychology Interjurisdictional Compact, established to authorize licensed psychologists to practice on a limited basis among compact member states
Mar 11, 2021 - Assigned Act No. 2021-116.
House Committee: Health
SB 0084 | Rodger Smitherman
Alabama Job Creation and Military Stability Commission, membership, to include one senator and one representative appointed by Lt. Governor from the minority caucus, Sec. 31-14-3 am'd.
Mar 09, 2021 - Assigned Act No. 2021-84.
House Committee: Military and Veterans Affairs
SB 0083 | Thomas Whatley
Higher education, public institutions, provides resident student status to minor children of military service members stationed in Ala., provides that resident student status is valid even if the parent is reassigned out of state, so long as the student maintains continuous enrollment at the institution, Sec. 16-64-2 am'd.
Mar 09, 2021 - Assigned Act No. 2021-81.
House Committee: Ways and Means Education
SB 0082 | Thomas Whatley
Physical Therapy Licensure Compact, established to authorize licensed physical therapists and assistant to practice among compact member states
Mar 11, 2021 - Assigned Act No. 2021-115.
House Committee: Health
SB 0081 | Thomas Whatley
Armory Commission, membership increased from nine to 15 members, Secs. 31-4-1, 31-4-3 am'd.
Feb 04, 2021 - Read for the first time and referred to the House of Representatives committee on Military and Veterans Affairs
House Committee: Military and Veterans Affairs
SB 0080 | Tom Butler
Military installations, land use planning, counties and municipalities to give notice re tall structures and wind energy facilities, Sec. 11-106-6 added; Secs. 11-106-3, 11-106-4 am'd.
Mar 11, 2021 - Assigned Act No. 2021-114.
House Committee: Military and Veterans Affairs :
SB 0030 | Arthur Orr
Coronavirus, immunity for certain entities from claims relating to contraction of or exposure to coronovirus
Feb 11, 2021 - Assigned Act No. 2021-4.
House Committee: Judiciary
SB 0016 | Andrew Jones
Teachers, St. Board of Education, authorized to issue alternative teaching certificates to qualified former members of Armed Forces, Sec. 16-23-3 am'd.
Mar 11, 2021 - Assigned Act No. 2021-111.
House Committee: Education Policy
SB 0009 | Chris Elliott
Schools, Foundation Program Fund, determination of cost to include student growth as an allowable cost, allowance for non-virtual and virtual students, provisions for increases based on increase in average daily membership in the current school year deleted, Secs. 16-13-231, 16-13-232 am'd.
Apr 01, 2021 - Forwarded to Governor at 3:25 p.m. on April 1, 2021
Senate Committee: Finance and Taxation Education
