- 1 - IN THE LEGISLATURE OF THE STATE OF ALABAMA REGULAR SESSION 2017 SENATE CALENDAR NO. 1 THIRD LEGISLATIVE DAY 02/14/2017 REGULAR CALENDAR

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1 - 1 - IN THE LEGISLATURE OF THE STATE OF ALABAMA REGULAR SESSION 2017 SENATE CALENDAR NO. 1 THIRD LEGISLATIVE DAY 02/14/2017 REGULAR CALENDAR By Senators Pittman, Waggoner, Williams, Scofield, Orr, Livingston, Albritton, Allen, Glover, Marsh, Reed, Stutts, McClendon and Shelnutt: SB85 To amend Section , Code of Alabama 1975, relating to false statements or claims on applications for payment of medical benefits from the Medicaid Agency, to provide that a person must knowingly engage in the conduct in order to be subject to the criminal penalties; to provide that the criminal penalties do not apply to certain activity excepted by federal law; to provide for a six-year statute of limitations; and to define person to include business entities; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section of the Official Recompilation of the Constitution of Alabama of 1901, as amended. Senate Bill 85 as introduced could increase receipts to the State General Fund and municipal general funds from fines; increase receipts to the State General Fund, county general funds, municipal general funds, and other funds to which court costs are deposited; and could increase the obligations of local jails, the district attorneys, the Department of Corrections, community corrections and the Board of Pardons and Paroles by an amount dependent upon the number of persons charged with and convicted of the offenses provided by this bill and the penalties imposed. This bill could also increase receipts to the Alabama Medicaid Agency and the Office of Attorney General from fraud recoupment by providing for a six year look back period for the prosecution of Medicaid fraud offenses to comply with federal standards. Currently, the look back period is three years plus the current year. Lee Trip Pittman, Chairperson _

2 - 2 - By Senator Pittman: SB113 To amend Sections 22-25C-1 and 22-25C-2 of the Code of Alabama 1975, relating to centralized waste treatment facilities permitted by the Department of Environmental Management (ADEM); to further provide for the bond or financial assurance required by ADEM from the owners or operators and to delete the requirements for additional fees based on the costs of the facility to treat waste and other material in the facility; and to provide for refunds of fees collected prior to the effective date of this act. Senate Bill 113 as introduced amends current law to require that the bond or financial assurance of a centralized waste water treatment facility be forfeited and used for costs to close the facility, in compliance with state environmental rules, if the owner or operator of the facility abandons, ceases operation, or fails to maintain the facility. In addition, the bill further provides that fees collected prior to the enactment of the bill shall be refunded to the owner or operator of the facility that paid the fee. The current amount in the Centralized Waste Treatment Facility Rehabilitation Fund to be refunded is approximately $4,200. This bill will not affect state or local funding. Lee Trip Pittman, Chairperson _ By Senator Pittman: SB86 To add Section , Code of Alabama 1975, relating to simplified sellers use tax; to allow monthly distributions to local governments; to amend Sections , , , and , Code of Alabama 1975, relating to simplified sellers use tax; to require reporting of retail sales and customer notifications; to remove the six month deferral restriction on eligible sellers; to modify the requirements of the invoice language for simplified sellers use transactions; to allow disclosure of participating eligible seller names and start dates and cease dates. Senate Bill 86 as introduced allows the Alabama Department of Revenue to distribute collections from simplified sellers use tax to counties and municipalities on a monthly basis rather than a quarterly basis. This bill could increase penalty receipts to the State General Fund and Education Trust Fund by an undetermined amount, if the Department promulgates a rule to require sellers currently not collecting sales, use, or simplified sellers use tax on Alabama sales transactions to report retail sales. Lee Trip Pittman, Chairperson _

3 - 3 - By Senator Pittman (With Amendment): SB95 To amend Section , Code of Alabama 1975, to provide for the calculation, distribution, and retention of all excess funds arising from the sale of real estate for taxes on the effective date of this act held by a county regardless of when the tax sale took place; and to ratify, validate, and affirm the treatment and disposition of excess funds and interest made in good faith reliance on this section, prior to the effective date of this act. Number of amendments: 1 Senate Bill 95 as introduced and as amended and reported by the Committee on Finance and Taxation General Fund will not directly affect state or local funding. Lee Trip Pittman, Chairperson _ By Senator Dial (With Substitute): SB84 To amend Sections and of the Code of Alabama 1975, relating to the Alabama Parking Deck Authority; to provide further for the maturity date for bonds issued by the authority; and to provide further for the specifications of the state parking deck. Senate Bill 84 as introduced will not directly affect state or local funding. As substituted and reported by the Committee on, this bill would increase the amount of the bonds that may be issued by the Alabama State Parking Deck Authority from $13,000,000 to $28,000,000 and extends the maturity date of the bonds. If the Authority issues $28,000,000 in bonds for 32 years at 4.5% interest rate, the debt service payments on the bonds would be an estimated $1.7 million annually from the Parking Deck Authority Capital Project Fund. Lee Trip Pittman, Chairperson _

4 - 4 - By Senators Williams and Smitherman: SB61 Relating to extradition; to amend Section , Code of Alabama 1975; to authorize extradition of a person to another state if the person has been charged, whether by indictment or by other criminal procedure, in the other state for committing an act resulting in a crime in that state. Senate Bill 61 as introduced will not directly affect state or local funding. _ Cam Ward, Chairperson By Senators Figures, Dunn, Coleman-Madison, Whatley, Ward, Waggoner, Beasley, Smith, Singleton, Orr and Marsh: SB74 To amend Section of the Code of Alabama 1975, relating to indigent defense services; to authorize the trial court to certify a fee of up to $5,000 in certain juvenile dependency cases for guardians ad litem representing children. Senate Bill 74 as introduced would allow a trial court and the Director of the Office of Indigent Services to waive the maximum fee allowed for good cause shown in juvenile cases, which could increase the obligations of the Fair Trial Tax Fund. This bill could also increase the administrative obligations of the Office of Indigent Services by an undetermined amount that would be dependent upon the number of cases certified to receive the increased fee provided for by this bill. _ Cam Ward, Chairperson By Senators Pittman and Ward (With Amendment): SB82 Relating to homicide; to establish the Marshall James Walton Highway Safety Act; to create the crime of homicide by vehicle or vessel under certain conditions; to provide criminal penalties; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

5 - 5 - Number of amendments: 1 Senate Bill 82 as introduced and as amended and reported by the Committee on could increase receipts to the State General Fund from fines; increase receipts to the State General Fund, county general funds and other funds to which court costs are deposited; and could increase the obligations of the district attorneys, community corrections programs, the Board of Pardons, and Paroles and the Department of Corrections by an amount dependent upon the number of persons charged with and convicted of the offenses provided by the bill and the penalties imposed. _ Cam Ward, Chairperson By Senators Orr and Ward (With Amendments): SB90 Relating to courts; to establish the Judicial Resources Allocation Commission; to establish the criteria for determining the need for increasing or decreasing the number of judgeships in district courts and circuit courts; and to authorize the Judicial Resources Allocation Commission to reallocate judgeships based on such criteria. Number of amendments: 2 Senate Bill 90 as introduced and as amended and reported by the Committee on could increase the administrative obligations of the Alabama Supreme Court by a small, undetermined amount. _ Cam Ward, Chairperson By Senator Orr: SB91 Relating to consumer protection; to require specified entities to take generally acceptable industry practices and measures to protect and secure data containing sensitive personally identifying information in paper or electronic form; to require the entities to notify the Attorney General of data security breaches; to require notice to individuals and credit reporting agencies of data security breaches in certain circumstances; to provide for the disposal of customer records; to provide for enforcement actions by the Attorney General; to provide civil penalties; to provide that this act does not create a private cause of action; and to provide certain exemptions.

6 - 6 - Senate Bill 91 as introduced establishes the Alabama Information Protection Act of 2017 to require that covered and governmental entities take reasonable security measures to protect and secure data in electronic form. The provisions of this bill will increase the administrative obligations of governmental agencies to provide notice to affected residents and the Attorney General, of any verified breaches of security affecting 1,000 or more residents. This bill authorizes civil penalties not to exceed $50,000 for violating the provisions of this bill which could increase receipts to the State General Fund by an amount dependent upon the number of entities in violation of the provisions of this bill and the subsequent civil penalties imposed. In addition, this further increases the administrative obligations of the Office of the Attorney General by a small, undetermined amount. However, the reasonable costs incurred by the Office could be offset in whole or in part by the recovery of civil penalties imposed by the provisions of this bill. _ Cam Ward, Chairperson By Senator Brewbaker: SB16 To amend Sections 13A-5-45, 13A-5-46, and 13A-5-47, Code of Alabama 1975, relating to capital cases and to the determination of the sentence by courts; to prohibit a court from overriding a jury verdict. Senate Bill 16 as introduced will not directly affect state or local funding. _ Cam Ward, Chairperson By Senators Dial and Holley (With Amendments): SB4 Relating to the Legislature; to create the Legislative Services Agency to provide certain staff services to the Legislature; to reconstitute the Legislative Reference Service, Legislative Fiscal Office, and the Alabama Law Institute as divisions of the agency; to provide for additional authority for the Legislative Council with regard to legislative operations; to add additional provisions relating to the provision of services by legislative staff; to make related and conforming changes; to add Chapter 5A (commencing with Section 29-5A-1) and Sections and to, to amend Sections , , and of, and to repeal Chapter 5 (commencing with Section ), Chapter 7 (commencing with Section ), and Chapter 8 (commencing with Section ) of Title 29 of, the Code of Alabama Number of amendments: 2

7 - 7 - Senate Bill 4 as introduced does the following: (1) creates the Legislative Services Agency (LSA) and reconstitutes the Legislative Reference Services (LRS), the Legislative Fiscal Office (LFO), and the Alabama Law Institute (ALI) as three divisions within the LSA (Legal Division, Fiscal Division, and Law Revision Division, respectively); and transfers to the LSA all functions, funds, personnel, and property of LRS, LFO, and ALI; (2) Under current law the Legislative Council is responsible for appointing the directors of LRS, LFO, and ALI and for setting respective salaries. Currently, the ALI Director is also the interim director of both LRS and LFO. This bill would codify current practice, which includes the abolishment of the directors positions at LRS, LFO, and ALI, and replacement of those positions with three deputy directors position, all of which would come under the Director of Legislative Services; (3) Authorizes the Director of LSA to establish fees to be deposited into the special fund, on behalf of the Law Revision Division (ALI) to help fund the activities and actual expenses of the division, which include conducting studies and educating public officials; (4) Authorizes the Legislative Council to charge and collect rent from entities allocated space in the Alabama State House at a rate set by the Council; (5) Establish a special fund to be used to maintain State House property; and (6) Provides that funds deposited into the special fund shall be continuously appropriated for the exclusive use of the Legislative Council and that any unused funds remaining at the close of the fiscal year that were appropriated to entities for maintenance of the State House shall be transferred back to the special fund created. As amended and reported by the Committee on, provides that the provisions of this bill shall not affect the compensation or benefits of any employee which has accrued but have not been paid prior to the effective date of the act. _ Jimmy Holley, Chairperson By Senator Sanford: SB33 Relating to the Alabama Administrative Procedure Act; to amend Section of the Code of Alabama 1975, to require the notice of intended action published prior to the adoption, amendment, or repeal of a rule to contain a statement whether the proposed rule relates to or affects any litigation to which the agency is a party.

8 - 8 - Senate Bill 33 as introduced will not directly affect state or local funding. _ Jimmy Holley, Chairperson By Senator Bussman: SB83 Relating to boards and commissions; to provide legislative intent; to repeal Article 1, commencing with Section 2-7-1, of Chapter 7 of Title 2, Chapter 13A, commencing with Section 2-13A-1, of Title 2, Chapter 2A, commencing with Section 4-2A-1, of Title 4, Chapter 6A, commencing with Section 9-6A-1, of Title 9, Sections , , and , Article 2, commencing with Section , of Chapter 55 of Title 16, Section 16-25A-13, Article 2, commencing with Section , of Chapter 18 of Title 22, Sections 22-30E-12, , Article 12, commencing with Section , of Chapter 2 of Title 29, Article 7, commencing with Section , of Chapter 21 of Title 36, Section , Chapter 7A, commencing with Section 38-7A-1, of Title 38, Article 7B, commencing with Section , of Chapter 9 of Title 41, Article 18, commencing with Section , of Chapter 9 of Title 41, Article 22, commencing with Section , of Chapter 9 of Title 41, Article 30, commencing with Section , of Chapter 9 of Title 41, Article 32, commencing with Section , of Chapter 9 of Title 41, Article 7, commencing with Section , of Chapter 10 of Title 41, Article 15, commencing with Section , of Chapter 10 of Title 41, and Chapter 25, commencing with , of Title 41, Code of Alabama 1975; to repeal Act , Act , Act Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , Act , and Act ; and to amend Sections , 22-23A-3, , , , and , Code of Alabama Senate Bill 83 as introduced repeals and/or amends several code sections with obsolete or inactive state boards, commissions, committees, authorities and the task forces established by the Legislature. This bill does not directly affect state or local funding. _ Jimmy Holley, Chairperson By Senator Allen (With Substitute): SB60 To create the Alabama Memorial Preservation Act of 2017; to prohibit the relocation, removal, alteration, renaming, or other disturbance of monuments located on public property which have been in place for 50 or more

9 - 9 - years; to provide a mechanism for the relocation, removal, alteration, renaming, or other disturbance of monuments located on public property which have been in place for less than 50 years; to prohibit any person from preventing the governmental entity responsible for maintaining the monuments from taking proper measures to protect, preserve, care for, repair, or restore the monuments; to restrict the renaming of a county, municipality, school, street, bridge, building, park, preserve, or reserve which is located on public property; to create the Permanent Joint Committee on Alabama Monument Protection; to provide for the membership of the committee; to provide for the duties of the committee; to authorize the committee to grant waivers; to provide for the levy of fines for violations of the waiver process; to exempt certain art and artifacts, the Department of Transportation, local governments, universities, and utilities under certain limited circumstances; and to amend Section , Code of Alabama 1975, relating to the renaming of a municipality, to provide for application of this act. Senate Bill 60 as introduced and as substituted and reported by the Committee on establishes the Alabama Memorial Preservation Act of The bill creates a 9-member Permanent Joint Committee on Alabama Monument Protection to review and grant the removal, relocation, or other disturbances of monuments located on public property. This bill provides that legislative members shall be entitled to legislative compensation, per diem and travel, which could increase the obligations of the State General Fund by a minimum of $100 per meeting of the committee. This bill will increase the administrative obligations of the Office of the Attorney General by requiring the office to (1) fine and collect $100,000 from each entity that removes a monument from public property without having first obtained a waiver from the committee; and (2) deposit all fines collected into the State General Fund. _ Jimmy Holley, Chairperson By Senator Allen (With Amendment): SB55 To amend Section , Code of Alabama 1975, as last amended by Act , 2015 Regular Session, relating to weight restrictions on the operation of certain motor vehicles; to allow for weight increases for vehicles having conversion equipment installed that allows the vehicle to operate on compressed natural gas or compressed liquefied gas. Number of amendments: 1 Senate Bill 55 as introduced and as amended and reported by the Committee on could increase receipts to the Public Road and Bridge Fund, the several counties, and the several municipalities by a small undetermined amount dependent on the number of individuals that take advantage of the provisions of the bill to change their vehicles to operate with a compressed natural gas or liquefied natural gas system, if the change results in an increased gross vehicle weight and a registration category with a higher fee.

10 _ Gerald H. Allen, Chairperson By Senator Dial: SB64 To create the Alabama Space Authority within the Alabama Department of Economic and Community Affairs (ADECA), to promote the research and development of new space exploration and spaceport technologies; to sponsor conferences and business roundtables within the aerospace, aviation, and related industries; and promote activities and industries related to space exploration; to include representatives on the authority of the University of Alabama in Huntsville, the Alabama Department of Commerce, ADECA, Alabama Department of Transportation, the Governor, the Legislature, and other individuals with knowledge and interest in space technology. Senate Bill 64 as introduced would increase the obligations of the Department of Economic and Community Affairs (ADECA) by an estimated minimum amount of $1,700 annually to provide for mileage and per diem for members of the Alabama Space Authority created in the bill. In addition, the bill would further increase the obligations of ADECA by requiring them to provide (1) initial support needed to apply for grants, which will be used to fund the operations of the Authority, and (2) ongoing administrative support for the Authority after the awarding of grant funds. In addition, this bill authorizes the Authority to: (1) borrow money and to sell and issue bonds, refunding bonds, and other debt instruments in evidence of such borrowing; (2) acquire property; and (3) lease Authority property and collect rentals under such leases. _ Gerald H. Allen, Chairperson By Senator Allen: SB72 To amend Section of the Code of Alabama 1975, as amended by Act of the 2016 Regular Session, relating to the bid guarantees on public improvement contracts by state agencies; to make technical corrections to Act of the 2016 Regular Session, to restore the prior limit on bid bonds required for state agencies other than the Department of Transportation; and to provide for retroactive effect.

11 Senate Bill 72 as introduced amends the bid guaranty law retroactively to May 3, 2016, to restore language that limited bid guaranties to $10,000 for public improvement contracts but maintained the exemption for the Alabama Department of Transportation to require a bid guaranty of no more than $50,000. This bill will not otherwise affect state or local funding. _ Gerald H. Allen, Chairperson By Senator Ross: SB73 To amend Section 32-5B-4 of the Code of Alabama 1975, to further require each occupant of passenger cars manufactured with safety belts to have a safety belt fastened when the vehicle is in motion; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section of the Official Recompilation of the Constitution of Alabama of 1901, as amended. Senate Bill 73 as introduced could increase fine receipts to the State General Fund, the Alabama Law Enforcement Agency, and to municipalities by an undetermined amount dependent upon the extent to which state and local law enforcement officers cite additional motorists for violation of the Alabama Safety Belt Use Act under the penalties of this bill. _ Gerald H. Allen, Chairperson By Senator Orr (With Amendment): SB94 Relating to health care; to provide that a physician agreement or dentist agreement, as defined, is not to be regulated as insurance; to provide that a physician or dentist offering, marketing, selling, or entering into a physician or dentist agreement is not required to obtain a license or certificate of authority; to require that a physician agreement and dentist agreement meet certain requirements; to provide penalties for physicians and dentists who breach an agreement; and to provide for the discontinuance of care for a patient under an agreement under certain conditions. Health and Human Services Number of amendments: 1

12 Senate Bill 94 as introduced and as amended and reported by the Committee on Health and Human Services creates the Alabama Physicians and Dentists Direct Pay Act which would allow physicians and dentists to contract directly with patients to provide medical or dental services for an agreed upon fee; and provides that these contracts are not insurance. Currently direct care provider contracts are not insurance agreements. This bill will not affect state or local funding _ Gerald O. Dial, Chairperson Health and Human Services By Senator Dial: SB21 To define over-the-counter spectacles and provide for certain requirements for lenses; to provide that the sale of over-the-counter spectacles which do not conform to the definition would be unlawful; and to provide for civil enforcement. Health and Human Services Senate Bill 21 as introduced makes it unlawful to sell spectacles that have a minus (-) power or that exceed three and one-half diopters (+3.50). This bill could increase the obligations of the Alabama Board of Optometry, district attorneys throughout the state and the Office of the Attorney General by an undetermined amount by allowing them to enforce any violations of the provisions of this bill. The actual amount of the increased obligation will be dependent upon the number of violations of the provisions provided herein. _ Gerald O. Dial, Chairperson Health and Human Services By Senator Holtzclaw: SB96 To amend Section of the Code of Alabama 1975, as last amended by Act , 2016 Regular Session, relating to the mandatory reporting requirements of child abuse or neglect; to require the Department of Human Resources to make efforts to determine the military status of the parent or guardian of the child; and to further require the Department of Human Resources to notify a United States Department of Defense family advocacy program at the military installation of the parent or guardian of the allegation of child abuse or neglect. Veterans and Military Affairs

13 Senate Bill 96 as introduced would increase the administrative obligations of the Department of Human Resources by an undetermined amount by requiring that the Department (1) determine the military status of the parent or guardian that is the subject of child abuse and/or neglect allegations; and (2) if the parent or guardian is in the military, notify the family advocacy program at the military installation of the parent or guardian. William L. Holtzclaw, Chairperson Veterans and Military Affairs _ By Senator Holtzclaw: SB97 Relating to the Alabama National Guard and members of the national guard of other states; to amend Section of the Code of Alabama 1975, to further provide for certain rights when called to active duty. Veterans and Military Affairs Senate Bill 97 as introduced will not directly affect state or local funding. William L. Holtzclaw, Chairperson Veterans and Military Affairs _ By Senator Dial (With Notice and Proof): SB65 Relating to Clay County; to further provide for the distribution of the tobacco tax levied in the county pursuant to Section of the Code of Alabama 1975; and to repeal Sections and of the Code of Alabama Local Legislation By Senator Pittman (With Notice and Proof): SB79 Relating to Baldwin County, to amend Section of the Code of Alabama 1975, to authorize the county commission of Baldwin County to levy an excise tax on the business of selling, distributing, storing, or withdrawing from storage, for any purpose whatsoever, gasoline or motor fuel and substitutes in the county not to exceed three cents ($.03) per gallon. Local Legislation

14 SENATE BILLS BILL NO. PAGE SB4 6 SB16 6 SB21 12 SB33 7 SB55 9 SB60 8 SB61 4 SB64 10 SB65 * 13 SB72 10 SB73 11 SB74 4 SB79 * 13 SB82 4 SB83 8 SB84 3 SB85 1 SB86 2 SB90 5 SB91 5 SB94 11 SB95 3 SB96 12 SB97 13 SB113 2 * Denotes local bill.