IN THE LEGISLATURE OF THE STATE OF ALABAMA REGULAR SESSION 2016 HOUSE CALENDAR NO. 13 FIFTEENTH LEGISLATIVE DAY 3/15/2016 REGULAR CALENDAR By Representative Clouse: HB24 To amend Section 22-27-5, Code of Alabama 1975, relating to local solid waste programs; to further provide for the use of fees, charges, and rates collected in the operation and administration of the programs pursuant to local laws; and to further provide for the collection of delinquent fees and charges for services. County and Municipal Government House Bill 24 as introduced expands the purpose for which local governing bodies may use fees and charges received from solid waste programs, if authorized by local law, to include: 1) administrative and operational services for any solid waste program; 2) maintenance, repair, and upkeep of buildings, roads, or bridges used for solid waste collection; and 3) any other program of the local body which utilizes services provided by the solid waste program. This bill provides that appropriations may only be made for the above purposes if the local governing body is in receipt of notice from the Department of Environmental Management that it is in compliance with financial assurance requirements. This bill further clarifies that local governing bodies may utilize income tax return set-offs for collection of fees and charges which may increase receipts to county and municipal governments dependent upon the actual delinquency amounts collected through this method. Steve McMillan, Chair County and Municipal Government By Representatives Hanes, Ledbetter, Whorton (R), Pettus, Butler, Mooney, Greer, Williams (JD), Wood, Shiver, Farley, Whorton (I), Fridy and Harper (With Amendment): HB2 To require a wireless communications service provider to provide location information to a law enforcement agency, upon request, in an emergency situation involving a risk of death or serious bodily harm. State Government Number of amendments: 1-1 -
House Bill 2 as amended and reported by the Committee on State Government will not directly affect state or local funding. Mark Tuggle, Chair State Government By Representative Rowe (With Amendment): HB56 To establish the Fantasy Contests Act, to regulate fantasy and simulated contests; to provide for the definition of terms; to require certain fantasy contest operators to implement procedures for consumer protection of fantasy contest players; to require an audit of fantasy contest operators; to provide civil penalties for violations; to provide for enforcement by the Attorney General; and to exempt fantasy contests from certain criminal penalties associated with gambling activity. State Government Number of amendments: 1 House Bill 56 as amended and reported by the Committee on State Government would establish the Fantasy Contests Act to regulate fantasy contests operations in this state that offer fantasy contests with an entry fee for a cash prize and exempt such contests from criminal penalties associated with gambling offenses. This bill could increase the obligations of the Attorney General's Office to bring civil actions for violations of the bill which would be offset, in part, by an undetermined amount dependent on the number and amount of actual damages and civil penalties recovered for violations of provisions set out in this bill. Mark Tuggle, Chair State Government By Representative Johnson (R) (With Amendment): HB59 To amend Sections 34-30-1, 34-30-3, 34-30-5, 34-30-20, 34-30-22, 34-30-24, 34-30-30, 34-30-31, and 34-30-33, Code of Alabama 1975; to further define the practice of social work and the licensure of master social workers and independent clinical social workers licensed by the State Board of Social Work Examiners. Boards, Agencies and Commissions Number of amendments: 1 House Bill 59 as amended and reported by the Committee on Boards, Agencies and Commissions will not directly affect state or local funding. Howard Sanderford, Chair Boards, Agencies and Commissions - 2 -
By Representative Lee: HB29 To amend Sections 34-14-1, 34-14-2, 34-14-3, 34-14-4, 34-14-5, 34-14-6, 34-14-7, 34-14-8, 34-14-9, 34-14-11, 34-14-30, 34-14-32, and 34-14-33, Code of Alabama 1975, relating to the Board of Hearing Instrument Dealers; to provide further for defined terms; to remove specific dollar amounts for fees; to further clarify reciprocity requirements; to reflect adoption by the board of international standardized test procedures; to require an apprentice to be under the direct supervision of a licensed dispenser; to delete antiquated language; and to add Section 34-14-34 to the Code of Alabama 1975, to specify the fees the board may provide pursuant to administrative rule. Boards, Agencies and Commissions House Bill 29 as introduced removes the current fee amounts established by statute for licensees of the Alabama Board of Hearing Instrument Dealers and authorizes the Board to establish license and other fees by rule. The bill would also establish new application replacement license; license verification, returned checks and special assessment fees. The current fee amounts range from $25 to $150; however, this bill would authorize the Board to establish fees ranging from $25 to $1,000. This bill would increase the receipts of the Board of Hearing Instrument Dealers Account by an amount dependent on the actual fees established by the Board. License fees generate an average of $33,000 annually, based on data from 2010 through 2015. Howard Sanderford, Chair Boards, Agencies and Commissions By Representative Williams (JD): HB87 Relating to municipalities; to repeal Chapter 44 of Title 11, Code of Alabama 1975, providing for the commission form of municipal government, and Article 3 of Chapter 46 of Title 11, Code of Alabama 1975, providing special election procedures for the commission form of municipal government; and to provide certain savings provisions under certain conditions. County and Municipal Government House Bill 87 as introduced will not affect state funding. This bill repeals existing law that authorizes municipalities to operate a commission form of government. Steve McMillan, Chair County and Municipal Government - 3 -
By Representative Boothe (With Amendment): HB46 Relating to alcoholic beverages; to amend Section 28-3A-6 of the Code of Alabama 1975; to allow a licensed distillery to sell at retail up to 750 milliliters of its product per license year to a customer for off-premises consumption; to require the distillery to keep records of sales for off-premises consumption; and to specify that liquor sold for off-premises consumption must be sealed, labelled, packaged, and taxed in accordance with current regulations. Economic Development and Tourism Number of amendments: 1 House Bill 46 as amended and reported by the Committee on Economic Development and Tourism would increase the obligations to the Alabama Alcoholic Beverage Control Board by an undetermined amount to audit retail sales for off-premise consumption at licensed distilleries as provided in this bill which could be offset by the markup taxes applied at time of sale. Alan Harper, Chair Economic Development and Tourism By Representative Harper (Constitutional Amendment): HB13 Proposing an amendment to Section 65 of the Constitution of Alabama of 1901, to allow the Legislature to provide for a lottery to be operated on behalf and for the benefit of the state under terms and regulations set forth by general law. Economic Development and Tourism House Bill 13 as introduced proposes a constitutional amendment to allow the Alabama Legislature to pass general laws to implement a state lottery. The amount of revenue generated from the operation of the lottery would depend upon the specific provisions of such general laws. This bill will increase proclamation expenses of the Governor, paid from the State General Fund, will increase by an estimated $100,000 for fiscal year ending September 30, 2017. Becky Nordgren, Vice-Chair Economic Development and Tourism By Representatives Pettus and Mooney: HB80 To amend Sections 16-38A-1, 16-38A-2, 16-38A-4, 32-5A-191, and 32-5A-191.2 of the Code of Alabama 1975, relating to the Impaired Drivers Trust Fund; to change the name of the fund to the Alabama Head and Spinal Cord Injury Trust Fund. Ways and Means General Fund - 4 -
House Bill 80 as introduced will not affect state or local funding. Steve Clouse, Chair Ways and Means General Fund By Representative Sells: HB102 To make an appropriation of $37,430,811 from the Children First Trust Fund for the fiscal year ending September 30, 2017, to the entities and for the purposes designated in Section 41-15B-2.2, Code of Alabama 1975; to provide for the deposit of tobacco settlement revenues into the Children First Trust Fund; to require written notification of anticipated agency allocations by the State Director of Finance; to require quarterly allocations; to condition allocations on receipt of tobacco revenues; to provide for the transfer to the State General Fund during fiscal year 2016 that portion of Children First Trust Fund receipts currently allocated for the State Board of Education; to make an appropriation of $44,537,126 from other tobacco settlement funds for the fiscal year ending September 30, 2017; and to make a conditional appropriation and allocation of additional tobacco revenues upon the recommendation of the Director of Finance, the Chairman of the House Ways and Means General Fund Committee and the Chairman of the Senate Finance and Taxation-General Fund Committee, and the approval of the Governor. Ways and Means General Fund House Bill 102 as introduced appropriates the sum of $37,430,811 from the Children First Trust Fund (CFTF) for the fiscal year ending September 30, 2017. This distribution is as follows: Agency FY 2017 Appropriation Alcoholic Beverage Control Board $468,681 Children's Trust Fund 2,317,631 Department of Forensic Sciences 456,267 Alabama Department of Human Resources 9,311,270 Juvenile Probation Services Fund 4,646,653 Alabama Medicaid Agency 1,622,342 Alabama Department of Mental Health 2,142,457 State Multiple Needs Children's Fund 3,455,795 Department of Public Health 4,655,634 Department of Rehabilitation Services 246,763 Department of Youth Services 8,107,318 Total Appropriation $37,430,811 These funds are conditioned upon receipt of tobacco revenues. Any remaining sums at the end of the fiscal year shall remain in the CFTF unless provided for by a separate bill. This bill also transfers approximately $10,200,000 in Children First Trust Fund money allocated to the State Department of Education to the State General Fund for FY 2017. - 5 -
In addition to the above appropriation, this bill also appropriates $44,537,126 from additional tobacco settlement funds for the fiscal year ending September 30, 2017, to the following entities: Agency FY 2017 Appropriation Department of Early Childhood Education $314,287 21st Century Debt Service 13,000,000 Senior Services Trust Fund 1,328,632 Alabama Medicaid Agency 27,901,260 Department of Senior Services - Medicaid Waiver 1,992,947 Total Appropriation: $44,537,126 This bill also requires that any additional tobacco revenues available for FY 2017 are conditionally appropriated, conditioned upon the recommendation of the Finance Director, the Chairman of the House Ways and Means General Fund Committee and Chairman of the Senate Finance and Taxation General Fund Committee and the approval of the Governor and that notification be provided to legislators representing an area where a grant from the Children First Trust Fund is to be awarded ten days before the funds reach the recipient agency. Steve Clouse, Chair Ways and Means General Fund By Representative Wingo: HB103 To make an appropriation of $169,633 from the State General Fund to the Coalition Against Domestic Violence for the fiscal year ending September 30, 2017, to require an operations plan and an audited financial statement prior to the release of any funds, and to require quarterly and end of year performance reports. Ways and Means General Fund House Bill 103 as introduced appropriates the sum of $169,633 from the State General Fund to the Coalition Against Domestic Violence for the fiscal year ending September 30, 2017. Steve Clouse, Chair Ways and Means General Fund By Representative Rowe: HB105 To make a supplemental appropriation from the SBI Cost of Evidence Fund to the Alabama Law Enforcement Agency in the amount of $118,125 for the fiscal year ending September 30, 2016. Ways and Means General Fund - 6 -
House Bill 105 as introduced makes a supplemental appropriation in the amount of $118,125 from the SBI Cost of Evidence Fund to the Alabama Law Enforcement Agency for the fiscal year ending September 30, 2016. Steve Clouse, Chair Ways and Means General Fund By Representative Hill (M): HB166 Relating to the Legislature; to amend Sections 16-25-26 and 36-27-8.2, as amended by Act 2015-410, 2015 Regular Session, Code of Alabama 1975, to allow a member of the Legislature who is retired under the Teachers' Retirement System or the Employees' Retirement System to perform duties in any capacity, including as an independent contractor, and to earn compensation with any employer participating in the Teachers' Retirement System or the Employees' Retirement System without suspension of his or her retirement allowance provided that the member is not employed in a permanent full-time capacity and his or her compensation does not exceed a certain amount. Ethics and Campaign Finance House Bill 166 as introduced provides that a member of the Legislature who is receiving benefits from the Teachers Retirement System (TRS) or Employees Retirement System (ERS) as a retiree may return to work part-time with any employer participating in the TRS or ERS under the same conditions as other state employees and teachers. This bill could increase or decrease the obligations of the several state and local agencies or entities who employ such retirees by an undetermined amount dependent upon (1) the number of legislator retirees who return to work under the provisions of this bill and (2) whether they are returning to work in a position that would have been filled otherwise. Mike Ball, Chair Ethics and Campaign Finance By Representatives Davis, Faust, Baker, Shiver and McMillan: HB189 To amend Section 35-8A-410, Code of Alabama 1975, relating to the Alabama Uniform Condominium Act; to define certain terms relating to escrow and building costs; to specify conditions of escrow deposit and use; and to require written notice in the contract that deposits may be used under certain conditions. Commerce and Small Business House Bill 189 as introduced will not directly affect state or local funding. Jack D. Williams, Chair Commerce and Small Business - 7 -
By Representative McMillan: HB44 To amend Section 9-11-231 of the Code of Alabama 1975, relating to permits issued by the Department of Conservation and Natural Resources for the collection of protected wild animals or birds or bird eggs for propagation or scientific purposes; to provide that the law will apply to any wild invertebrate or vertebrate species, or their eggs; to provide for different types of permits and the fees for the permits; and to further provide for the fines for violations. Agriculture and Forestry House Bill 44 as introduced will increase the propagation of scientific permit fee receipts of the Department of Conservations Game and Fish Fund by an estimated $3,800 annually. The actual increase in permit fee receipts would depend on the classification of the permit purchased. This bill will also increase the fine receipts of the Game and Fish Fund by an undetermined amount dependent on (1) the number of persons convicted of violations and (2) the classification of the permit held by the violator. David Sessions, Chair Agriculture and Forestry By Representatives Hanes, Mooney, Holmes (M), Harbison, Whorton (R), Butler, Shedd, Standridge, Whorton (I), Wadsworth, Williams (JW), Ledbetter, Wingo and Sessions: HB142 To add Section 9-11-73 to the Code of Alabama 1975, relating to hunting and fishing; to authorize a nonresident student at an institution of higher education in this state to purchase resident hunting or fishing licenses under certain conditions. Agriculture and Forestry House Bill 142 as introduced provides for full-time, out of state students attending an institution of higher learning in the state to purchase a resident hunting or fishing license. The student must prove that he or she is a full time student and is between 17 years old and 24 years old. This bill could reduce revenue to the Game and Fish Fund and/or Marine Resources Fund within a range of $5 to $275 (depending on the type of license) for each resident license obtained by full-time, out of state college students currently purchasing a non- resident license, and additional non-resident students who decide to participate based on reduced license fees. David Sessions, Chair Agriculture and Forestry - 8 -
By Representatives Ingram and Polizos: HB152 To amend Section 9-11-235, Code of Alabama 1975, to prohibit the nighttime hunting of protected birds and animals unless authorized by rule of the Department of Conservation and Natural Resources; to further define nighttime hours; 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 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended. Agriculture and Forestry House Bill 152 as introduced repeals state law providing for hunting of raccoon, opossum, and fox at night and defines the term nighttime hours. Currently hunting of raccoon, opossum and fox at night is also allowed by administrative rule. This bill also allows the Commissioner of the Department of Conservation and Natural Resources to establish rules allowing hunting of protected birds and animals during nighttime hours. This bill would not affect state funding. David Sessions, Chair Agriculture and Forestry By Representatives Nordgren and Collins: HB148 To amend Section 28-3A-25, Code of Alabama 1975, relating to the regulation of alcoholic beverages; to permit a tasting of liquor or wine conducted by a licensed manufacturer or its representative to be held on the premises of a store which is licensed to sell liquor for off-premises consumption only and within state liquor stores; to provide that the Alabama Alcoholic Beverage Control Board shall regulate the procedure for the tasting of wine and distilled liquor. Economic Development and Tourism House Bill 148 as introduced would not affect state or local funding by allowing retail licensees licensed for off-premises consumption and state liquor stores to hold wine and distilled spirit tastings. Richard Lindsey, Ranking Minority Member Economic Development and Tourism By Representatives Baker, Davis, Faust, McMillan, Jones, Shiver and McCutcheon: HB94 Relating to motor vehicle license plates for disabled veterans; to amend Sections 32-6-130; 40-12-244, as amended by Act 2015-506 of the 2015 First Special Session; and 40-12-254 of the Code of Alabama 1975, to authorize a disabled veteran to claim a license tax and registration fee exemption or reduction for any license plate category in which the disabled veteran is otherwise qualified to obtain a license plate. - 9 -
House Bill 94 as introduced will not directly affect state or local funding. The bill removes the provisions restricting the exempt plates for disabled veterans to only the disabled veterans license plate. Randy Wood, Chair By Representative Holmes (M): HB22 To amend Section 32-6-7.2, Code of Alabama 1975, as last amended by Act 2015-516, 2015 First Special Session, to further provide restrictions on the issuance of driver's licenses to persons under 18 years of age, to revise the penalties for a violation of the restrictions on a Stage II license; to provide for the assessment of a fine against a parent or legal guardian who knowingly allows a driver with a Stage I or Stage II license to drive a motor vehicle in violation of applicable restrictions. House Bill 22 as introduced could increase receipts to the State General Fund and municipal general fund from fines and could increase receipts to the State General Fund, county general funds, municipal general funds, and other funds to which court costs are deposited by an undetermined amount dependent upon the number of violations of the provisions of this bill. Randy Wood, Chair By Representative Davis: HB107 To amend Section 34-24-165, Code of Alabama 1975, as amended by Act 2015-275 of the 2015 Regular Session, relating to the licensing of the practice of chiropractic; to further provide for the continuing education requirement for the license renewal of a licensed chiropractor. Boards, Agencies and Commissions House Bill 107 as introduced will not directly affect state or local funding. Howard Sanderford, Chair Boards, Agencies and Commissions - 10 -
By Representative Boothe: HB139 Relating to the Board of Auctioneers; to amend Sections 34-4-29 and 34-4-52, Code of Alabama 1975; to increase the administrative fines the State Board of Auctioneers may impose for a violation of the licensing laws; to require the board to meet four times a year but without specifying the months during which they must meet; and to provide that a majority of board members currently serving constitutes a quorum at a board meeting. Boards, Agencies and Commissions House Bill 139 as introduced increases the Alabama State Board of Auctioneers administrative fines for violations by a minimum of $300 per violation to a maximum of $2,000 per violation, which would increase receipts to the Board of Auctioneers Fund by an estimated $3,000 to $20,000 annually based on the number of violations in fiscal years 2014 and 2015. Howard Sanderford, Chair Boards, Agencies and Commissions By Representative Hill (M) (With Amendment): HB167 Relating to the Alabama Massage Therapy Licensure Act; to amend Sections 34-43-3, 34-43-5, 34-43-6, 34-43-7, 34-43-9, 34-43-11, 34-43-12, 34-43-14, 34-43-15, 34-43-17, 34-43-20, and 34-43-21, Code of Alabama 1975, and to repeal Section 34-43-10, Code of Alabama 1975; to delete any reference to a temporary permit to practice massage therapy; to expand the definition of therapeutic massage and extend exemptions to the act; to delete antiquated language; to provide compensation for board members; to change the name of the executive secretary to executive director; to provide an excuse for absences from board meetings; to delete requirements that the oath of office of board members be filed with the Governor and that certificates of appointments be issued; to remove a retesting limit; to increase the minimum hours of supervised course instruction for licensure; to require that applicants for licensure be 18 years old with a high school diploma, or the equivalent, and be subject to criminal history information background checks; to authorize the board to assess and collect certain fees; to increase the discretion of the board to license establishments; to expand the authority of the board to revoke or suspend licenses; to increase the penalty violating the act from a Class C misdemeanor to a Class A misdemeanor; 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 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended. Boards, Agencies and Commissions Number of amendments: 1 House Bill 167 as amended and reported by the Committee on Boards, Agencies and Commissions would increase receipts to the Alabama Board of Massage Therapy Fund by a estimated maximum of $3,890 biennially as a result of increasing the license and renewal fee limits that the Board can collect. The bill also provides for the compensation of members of the Board at a rate of $100 per day for each board session. The compensation is in addition to reimbursement of travel expenses. This provision will increase the obligations of the Board by up to $700 for each quarterly Board meeting. Additionally, this bill provides that the fee charged to continuing education providers cannot exceed $200. This provision could increase funds to the Board by an estimated maximum of $22,600 annually. - 11 -
The bill also increases the penalty for violations of the chapter from a Class C misdemeanor to a Class A misdemeanor. This 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 by an amount dependent upon the number of persons charged with and convicted of the offenses provided by this bill and the penalties imposed. Howard Sanderford, Chair Boards, Agencies and Commissions By Representative Poole: HB201 To amend Section 40-9B-5, Code of Alabama 1975, as amended by Act 2015-24, 2015 Regular Session, relating to granting of abatements; to provide that if a municipality county, or industrial development board or authority abating a county or municipal tax receives payments, contributions, or other financial or in-kind awards from a private user, related party, or other entity in exchange for the abatement, the payment, contribution, or other financial or in-kind contribution shall be divided between the municipality and county based upon the portion of the tax proceeds the municipality or county would have been paid if the tax was not abated by the authority except for an industrial development board or authority which has board members appointed by the affected county commission and one or more municipalities located within the county. County and Municipal Government House Bill 201 as introduced would decrease receipts by an undetermined amount to industrial development boards or authorities, provided for in this bill, that would have otherwise received funds from any payment, contribution, or other financial or in-kind award provided in exchange for a tax abatement. This bill would further increase receipts from any payment, contribution, or other financial or in-kind award by the same amount to the affected county and/or municipality whose taxes were abate. Steve McMillan, Chair County and Municipal Government By Representatives Johnson (K) and Pettus: HB219 To amend Section 28-2A-1, Code of Alabama 1975, as amended by Act 2015-2 of the 2015 Regular Session, relating to municipal option elections; to provide that a municipal election held on the question of changing a classification from dry to wet or wet to dry may not be held for at least 1,440 days following a prior municipal option election. County and Municipal Government - 12 -
House Bill 219 as introduced will not directly affect state or local funding by increasing the time period required from 720 days to 1,440 days between municipal option elections to become either a wet or dry municipality. Steve McMillan, Chair County and Municipal Government By Representative Pringle (With Amendment): HB95 Relating to the probate court; to amend Sections 12-19-43, 26-3-13, and 43-2-82, Code of Alabama 1975; to provide for the payment of court costs at the discretion of the court at the time that petitions, motions, and other pleadings are filed and to provide for the payment of security deposits as ordered by the court to cover expected costs; and to further provide for the liability of the judge of probate for not taking a bond or for taking an insufficient bond from a conservator or from a personal representative of an estate. Number of amendments: 1 House Bill 95 as amended and reported by the Committee on could increase receipts to the several counties by an undetermined amount dependent upon the number of probate courts that choose to implement the provisions of this bill and the amount of probate court fees received by such probate courts under the provisions of this bill that would not otherwise have been collected. Mike Jones, Chair By Representative Davis (With Amendment): HB108 To amend Section 13A-11-10.1 of the Code of Alabama 1975, prohibiting an adult in control of a residence from allowing an open house party where alcoholic beverages or controlled substances are consumed by persons under the age of 21; to increase the penalty; 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 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended. Number of amendments: 1 House Bill 108 as amended and reported by the Committee on 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 Board of Pardons and Paroles, community corrections programs, 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. Mike Jones, Chair - 13 -
By Representative Weaver (With Amendment): HB55 To amend Section 6-5-332 of the Code of Alabama 1975, the Good Samaritan Law, to provide civil immunity to any person who volunteers without cost to provide temporary care under the direction of the primary home caregiver for a person who has a disability or a chronic illness. Such a volunteer who, in good faith, performs the care without making any charge for goods or services therefor may not be liable for any civil damages as a result of any act or omission by the volunteer in rendering the care or as a result of any act or failure to act to provide or arrange for care for the person with a disability or a chronic illness, if the volunteer acts as a reasonably prudent person would have acted under the same or similar circumstances. Health Number of amendments: 1 House Bill 55 as amended and reported by the Committee on Health will not directly affect state or local funding. Mike Millican, Vice Chair Health By Senators Dial and McClendon: SB104 To add Section 34-24-53.1 to the Code of Alabama 1975, relating to the powers and duties of the Board of Medical Examiners and the Medical Licensure Commission; to clarify rulemaking authority of the Board of Medical Examiners and the Medical Licensure Commission regarding state and federal anti-trust laws and to establish that anti-competitive rules which prioritize patient safety and wellness are permissible. Health Senate Bill 104 as passed the Senate will not directly affect state or local funding. Mike Millican, Vice Chair Health By Representative Polizos: HB15 To exempt LifeSouth Community Blood Centers from the payment of all state, county, and municipal sales and use taxes. Ways and Means Education - 14 -
House Bill 15 as introduced will not affect state or local funding by establishing a stand alone exemption for LifeSouth Community Blood Centers from state, county, and municipal sales and use tax because the entity is currently an exempt affiliate organization of the United Way. Bill Poole, Chair Ways and Means Education By Representatives Hanes, Holmes (M), Harbison, Whorton (R), Butler, Shedd, Standridge, Whorton (I), Wadsworth, Williams (JW), Ledbetter, Wingo and Sessions: HB144 To amend Section 40-18-140, Code of Alabama 1975, as amended by Acts 2015-443 and 2015-447 of the 2015 Regular Session, to provide an income tax refund check-off for a contribution to the Alabama state parks, the Department of Mental Health, or the Alabama Medicaid Agency. Ways and Means Education House Bill 144 as introduced creates an income tax refund check-off beginning in the 2016 tax year for the Alabama state parks, Department of Mental Health, and Medicaid Agency. Based on contributions to the current voluntary income check-off programs in fiscal year 2015, each entity could receive a maximum of $30,000 annually from the provisions of this bill. This bill will increase the administrative obligations of the Department of Revenue by an undetermined amount which should be offset by the allowed cost of administration of up to 5% of collections. Bill Poole, Chair Ways and Means Education By Representatives Gaston and Faulkner (With Amendment): HB62 To amend Sections 40-9F-4 and 40-9F-7, Code of Alabama 1975, relating to the tax credit against the tax liability of certain taxpayers for the substantial rehabilitation of qualified structures; to authorize a seven-year extension of the tax credit. Ways and Means Education Number of amendments: 1 House Bill 62 as amended and reported by the Committee on Ways and Means Education would extend the current state tax credit for qualified rehabilitation expenditures to qualified historic and non-historic structures that was to expire after calendar year 2015 for seven additional years through 2022. This extension will reduce receipts of the Education Trust Fund and the State General Fund, depending on the tax the credit is applied against, by up to a combined $20 million annually through tax year 2022. Any unused portion of the credits may be carried forward for up to 10 additional tax years. In the event proration is declared in the State General Fund or Education Trust Fund or the appropriation act for either fund is level funded based on the prior fiscal year act, any tax credits authorized for that calendar year will be carried over. The credits may also be transferred and assigned until used. - 15 -
This bill will increase the future administrative obligations of the Historical Commission by an undetermined amount to continue to review applications and rehabilitation plans for the tax credit program and to report to the Legislature annually for an additional seven years. This bill will increase the future administrative obligations of the Department of Revenue to administer the state tax credit program and to review and audit transfer agreements for an additional seven years. Bill Poole, Chair Ways and Means Education By Representative McMillan (With Substitute): HB100 Relating to rescue squads; to amend Sections 36-21-102 and 36-30-1, Code of Alabama 1975, by including members of a rescue squad within the definition of firefighters for purposes of providing free college tuition and compensation to certain surviving beneficiaries of firefighters who are killed in the line of duty. Ways and Means Education House Bill 100 as substituted and reported by the Committee on Ways and Means Education will increase the obligations of the Education Trust Fund by an estimated $7,265 annually for each dependent (under 21) or non-remarried spouse of a rescue squad member who is killed or becomes totally disabled in the line of duty that pursues an undergraduate degree from a state university, state community college, state junior college or state technical college in Alabama and receives free tuition (including books and supplies) pursuant to the provisions of this bill. In addition, this bill will increase obligations to the State General Fund by an estimated $114,414 (adjusted annually to reflect increase in Consumer Price Index (CPI)) for each payment made to a surviving beneficiary or dependent of a rescue squad member killed in the line of duty. Bill Poole, Chair Ways and Means Education By Representative Johnson (R): HB58 To amend Section 40-23-4.1 of the Code of Alabama 1975, providing that certain drugs are exempt from gross sales tax, to include an exemption from business license taxes based on gross receipts. Ways and Means General Fund - 16 -
House Bill 58 as introduced will not directly affect state funding. The bill would decrease municipal business license tax for those municipalities that calculate such tax based on gross sales by an amount dependent on the prescription drug sales of the municipal business licensee. Steve Clouse, Chair Ways and Means General Fund By Representative Hill (M): HB178 Relating to the Office of the Secretary of State; to amend Sections 7-9A-523, 7-9A-525, and 10A-1-4.31 Code of Alabama 1975, by authorizing the Uniform Commercial Code Fund, the Secretary of State's Information Bulk Sales Fund, and the Secretary of State Entity Fund to be used for the administration of the Office of the Secretary of State. Ways and Means General Fund House Bill 178 as introduced authorizes Secretary of States Information Bulk Sales Fund, comprised of fees collected for the sale or licensing to the public on a nonexclusive basis, in bulk, of copies of all records filed in the office of the Secretary of State; the Uniform Commercial Code Fund, comprised of all funds, fees, charges, costs, and collections currently charged by the Office of the Secretary of State for the filing of certain financial statements and requests; and the Secretary of State Entity Fund (Corporations Fund), comprised of fees paid by corporations and other types of business entities for filing documents, issuing certificates, and for miscellaneous charges and penalties, to be used for any purpose related to the administration of the Office of the Secretary of State as determined by the Secretary of State in addition to purposes as provided by provisions of current law. There was $555,000 appropriated from the Information Bulk Sales Fund, $800,000 appropriated from the Uniform Commercial Code Fund, and $3,328,428 appropriated from the Corporations Fund to the Secretary of State for the fiscal year ending September 30, 2016. Steve Clouse, Chair Ways and Means General Fund By Representative Greer: HB235 To amend Section 40-17-328, Code of Alabama 1975, relating to the levy of motor fuel tax; to levy the tax on certain fuels that are delivered to a destination in this state. Ways and Means General Fund House Bill 235 as introduced will not directly affect state or local funding. The bill clarifies current Alabama Department of Revenue taxation rules relating to exemptions from the Alabama Terminal Excise Tax Act. Steve Clouse, Chair Ways and Means General Fund - 17 -
By Representative Poole: HB202 To adopt a revised Alabama Limited Partnership Law as Chapter 9A of Title 10A of the Code of Alabama 1975; to provide for the various processes of formation of a limited partnership; to provide default provisions; to provide that certain obligations of a limited partnership may not be modified in the agreement; to specify the information required to be included in various filings; to specify that when both the converting entity and the converted entity are domestic entities, the statement of conversion and the certificate of formation would be filed simultaneously with the Secretary of State; to make various harmonizing changes to the limited liability company law; to amend Sections 10A-1-1.03, 10A-1-1.06, 10A-1-1.08, 10A-1-4.26, 10A-1-6.02, 10A-1-6.13, 10A-1-6.25, 10A-1-7.07, 10A-5A-1.10, 10A-5A-4.01, 10A-5A-5.04, 10A-5A-7.01, 10A-5A-7.02, 10A-5A-10.03, 10A-5A-10.04, 10A-5A-10.07, and 10A-5A-10.08, Code of Alabama 1975; and to repeal Sections 10A-9-1.01 to 10A-9-12.08, inclusive, Code of Alabama 1975. House Bill 202 as introduced will not directly affect state or local funding. Mike Jones, Chair By Representative Poole: HB47 To amend Section 13A-7-1, Code of Alabama 1975, and Section 15-10-3, Code of Alabama 1975, as last amended by Act 2015-493, 2015 Regular Session, relating to warrantless arrests, to authorize a law enforcement officer to arrest a person without a warrant under certain conditions for trespassing on the property of an educational institution and to further provide for the definition of "building". House Bill 47 as introduced could increase the obligations of local jails by an undetermined amount. Mike Jones, Chair By Representatives Fridy, Rowe, Mooney, Hill (M) and Weaver: HB111 Relating to the judges of probate in counties where a probate court of the county has concurrent equity jurisdiction with the circuit court of the county; to amend Section 12-13-9 of the Code of Alabama 1975, to provide that the judge of probate would have the same power to punish for civil contempts as judges of the circuit courts. - 18 -
House Bill 111 as introduced could increase the obligations of local jails by an undetermined amount dependent on the number of people punished for civil contempt under the provisions of this bill and the penalties imposed. Mike Jones, Chair By Representative Hill (J): HB127 To amend Section 15-12-4, Code of Alabama 1975, relating to voluntary indigent defense advisory boards, to require the board to meet annually; to provide civil immunity for actions taken by the advisory board; and to authorize the Office of Indigent Defense Service to adopt rules. House Bill 127 as introduced will increase the administrative obligations of the Office of Indigent Defense Services by a small, undetermined amount to adopt rules governing the activities of voluntary indigent defense advisory boards under the provisions of this bill. Mike Jones, Chair By Representative Jones (With Amendment): HB268 To add Section 17-3-30.1 to the Code of Alabama 1975, to create the Definition of Moral Turpitude Act; to establish a comprehensive list of felonies that involve moral turpitude; and to amend Sections 17-4-3 and 17-4-4, Code of Alabama 1975, relating to voter registration lists, to provide procedures for the Board of Pardons and Paroles and the Secretary of State to follow to purge certain disqualified voters from voter registration lists. Number of amendments: 1 House Bill 268 as amended and reported by the Committee on will increase the administrative obligations of the Board of Pardons and Paroles by a small, undetermined amount. Mike Jones, Chair - 19 -
By Representatives Gaston, Butler, Tuggle, Johnson (K), Hill (M), Weaver, Rowe, Ledbetter, Standridge, Sessions, Pringle, Davis, Robinson, Scott, Williams (JW), Wilcox, Pettus, Drake, Faust, Hubbard, Carns, Hill (J), Brown, Holmes (M), Clouse, Lee, Ford, Martin, Warren, Drummond, McMillan, Harbison, Shedd, Sanderford, Rich, Shiver, Polizos, Boothe, Greer, Clarke, Forte, Moore (B), Hammon, Baker, Williams (JD), Ball, Collins, Ainsworth, Garrett, Chesteen, McCutcheon, Beech, South, Nordgren, Beckman, Wadsworth, Sells, Wood, Faulkner, Ingram, Black, Patterson, Poole, Mooney, Fridy and Wingo: HB239 Relating to public contracts; to prohibit a governmental entity from entering into certain contracts with a business entity unless the contract includes a representation that the business is not currently engaged in, and an agreement that the business will not engage in, the boycott of a person or an entity based in or doing business with a jurisdiction with which this state can enjoy open trade; and to provide exceptions. State Government House Bill 239 as introduced requires that all government entities must include a provision in certain purchasing contracts assuring that the business providing the good or service is not currently engaged in, and will not engage in, the boycott of an entity doing business with a jurisdiction with which the state can enjoy free trade. This bill may increase or decrease the expenditures of government entities by an undetermined amount dependent upon the compliance with this non-boycott provision by vendors. Mark Tuggle, Chair State Government By Representatives McMillan, Beckman and Shiver (With Substitute): HB89 To amend Section 40-29-70, Code of Alabama 1975, to provide for the imposition of penalties against a taxpayer who presents as payment for his or her tax liability a money order or electronic funds which are dishonored for payment. State Government House Bill 89 as substituted and reported by the Committee on State Government would increase receipts to the state and local governments from penalties for dishonored tax payments by an estimated $60,000 by requiring penalties on dishonored payments made by money orders and electronic funds to be distributed to the funds receiving the tax proceeds for which the penalty was applied. Mark Tuggle, Chair State Government - 20 -
By Representatives Patterson, Whorton (R), Pettus, Ledbetter, Sanderford and Hall (With Amendment): HB170 To amend Section 16-13B-2 and Section 16-13B-7, Code of Alabama 1975, relating to the Competitive Bid Law; to provide for the length of time certain contracts may be let; to specify requirements for purchases from a sole source; to permit purchases from a vendor under a general services administration contract; and to permit purchases of services under a competitive bid nationwide cooperative purchasing program. State Government Number of amendments: 1 House Bill 170 as amended and reported by the Committee on State Government further expands exemptions to the states competitive bid laws for local boards of education by allowing an exemption for services that are part of a purchasing cooperative sponsored by the National Association of Counties (NAC) and goods where a service or service contract is necessary to utilize the goods, except for voice or wireless communication services. This could increase or decrease the price paid for the goods or services by an unknown amount dependent upon the price local boards could have obtained under the states competitive bid program and the price paid for goods or services that are part of a NAC purchasing cooperative. This bill also exempts from the competitive bid laws goods or services from vendors that have been awarded a current and valid General Services Administration (GSA) contract. However, the prices paid for the goods or services provided by the GSA vendor shall not exceed the lowest competitively bid price for the goods or services or the price on an existing state purchasing program. Further, this bill extends the length of time that competitive bid contracts entered into by local boards of education for the purchase of personal property or contractual services are let from three years to not more than five years. This could also decrease or increase the fiscal obligations of local boards of education by an unknown amount that would be dependent upon each individual contract's terms and conditions. By Representative Grimsley: Mark Tuggle, Chair State Government HB250 To amend Section 23-1-271 of the Code of Alabama 1975, relating to outdoor advertising control on certain federally funded highways; to further define "business area" and "primary highway," and to amend Section 23-1-274 of the Code of Alabama 1975, to further provide for spacing of outdoor advertising consistent with federal requirements. Transportation, Utilities and Infrastructure House Bill 250 as introduced amends current state law regarding outdoor advertising to adopt the federal definition of "primary highway", as well as federal requirements for sign spacing. This bill will increase the administrative obligations of the Department of Transportation (DOT) by a small, undetermined amount to regulate an estimated 870 additional outdoor advertising signs under the provisions of the bill; however, this increase will be offset by an increase in receipts to the DOT's Public Road and Bridge Fund by a maximum of approximately $22,000 from initial permit fees for such signs and $9,000 annually from renewal permit fees for such signs if all of the additional signs qualify to be permitted as legally conforming signs. Lynn Greer, Chair Transportation, Utilities and Infrastructure - 21 -
By Representative Johnson (R): HB255 To amend Section 8-20-4, Code of Alabama 1975, relating to unfair and deceptive trade practices of certain manufacturers and distributors of new motor vehicles and exemptions of certain manufacturers; to provide further an exemption for certain manufacturers and distributors of motor vehicles manufacturing or distributing engines for certain vehicles having a gross weight rating of more than 16,000 pounds. Transportation, Utilities and Infrastructure House Bill 255 as introduced will not directly affect state or local funding. Lynn Greer, Chair Transportation, Utilities and Infrastructure By Representative Johnson (K): HB216 To amend Section 23-1-40, Code of Alabama 1975; to authorize the Department of Transportation to enter into various types of construction agreements and financing agreements for construction of a public road, bridge, or tunnel, and work related or incidental thereto, under the jurisdiction of the Department of Transportation; and to require the department to develop an evaluation process and procedures for selecting public road, bridge, and tunnel projects under these provisions. Transportation, Utilities and Infrastructure House Bill 216 as introduced would give the Alabama Department of Transportation (ALDOT) authorization to enter into construction and financing agreements, not currently available to ALDOT, to complete a public road, bridge or tunnel project costing more than $100,000,000. This bill gives ALDOT the ability to conduct a public road, bridge or tunnel project with alternative contract methods, working with public or private entities. ALDOT can use existing procurement authorities or other means determined to be beneficial for the state and within the guidelines of the bill. ALDOT must develop procedures to implement these provisions, and may develop process to award projects based on the qualifications of the participant, the best value to the state, or some combination of both. Lynn Greer, Chair Transportation, Utilities and Infrastructure By Representative Ledbetter: HB187 To amend Sections 23-1-2 and 39-2-4 of the Code of Alabama, to increase the amount of the bid guarantee required to be filed under certain conditions by a bidder on public works project when the Department of Transportation is the awarding authority. Transportation, Utilities and Infrastructure - 22 -