Greater Birmingham Republican Women
Legislative Updates
Greater Birmingham Republican Women April 2012
Legislative Updates from Montgomery
Weekly Updates
House & Senate Calendar
House & Senate Committee Calendar
Greetings!

GBRW will publish first hand information from the Alabama Legislature each week for the balance of the 2012 session.
Legislative Calendars and updates are provided with a link to our website for additional information. 

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Mary Windsor Saggus

President
Weekly Updates 

After returning from Spring Break, the Alabama House and Senate met last week for the 16th and 17th legislative days, marking the beginning of the second half of the 2012 Regular Legislative Session.  The Republican majorities in the House and Senate wasted no time getting back to business.  Week 8 brought some of the most dramatic legislative action to date and developed into one of the most productive weeks of this Regular Session.

 


Changes to Immigration Law Introduced

 

The much-discussed and long-anticipated bill revising Alabama's controversial immigration law was introduced in the House of Representatives. The new bill maintains the requirement that businesses use the federal E-Verify database to verify the citizenship status of new hires. However, companies doing business with public entities would not be liable for subcontractors unless it can be shown by "clear and convincing" evidence they had knowledge the subcontractor was hiring illegal workers. The bill has been assigned to the House Public Safety and Homeland Security Committee and could be debated in the full House within the next few weeks.   (For more information, please click the folllowing link to view a fact sheet outlining the proposed changes is attached).


Bill Allowing Private Companies To Hire Inmate Labor Passes House


After a lengthy and at times heated debate, the House approved a bill to let private businesses contract with the state prison system for inmate labor.   The prison system could keep up to 40 percent of the inmate's wages to help cover incarceration costs and up to 40 percent could be taken to help cover any restitution the inmate was ordered to pay his or her victims. The bill specifies that inmates would have to be paid the prevailing wages for the area they are in and the type of work they perform.  All work would be done within the prison. The bill has already passed the Senate and now goes to the governor for his signature.
 

Legislative Pay Raise Measure Clears House  
 

After making the 2007 legislative pay-raise a centerpiece of the 2010 elections, the Republican majority in the House passed a measure on Thursday that will repeal the 2007 legislative pay raise and allow voters to determine how lawmakers are paid.  House Bill 276 will tie legislative pay to median family income so it would increase or decrease based on how Alabamians fare economically, modernize the reimbursement system so that lawmakers are treated like any other state employee travel, and repeal automatic cost-of-living adjustments built into the 2007 pay raise and take away every legislative "expense allowance" ever enacted.
 

House Committee Approves General Fund Budget with Drastic CutsThe House Ways and Means committee approved a budget on Wednesday that will probably require large cuts in state services and hundreds of layoffs of state employees.  The bill, which includes a 30% cut to Medicaid, would be an overall reduction of about $341.6M over the 2012 General Fund budget.  A number of legislators, and also Governor Bentley's office, are concerned about the cuts to Medicaid and will look for a rise in the Medicaid allocations in negotiations going forward.  The bill now goes to the House for a vote. 

Charter School Legislation Passes Committee

After nearly two weeks of heated debate among legislators and behind-the-scenes negotiations, House Bill 541, the Education Options Act of 2012, passed out of the House Ways and Means Education committee.  The plan, which will allow public charter schools for the first time in Alabama, was altered to tighten the focus to areas with struggling schools and limiting the total number of charter schools to 20 statewide.  Insiders expect the Speaker to bring the bill to the House floor sooner rather than later.
  
Aviation and Aerospace Incentives Passes Senate


The Senate gave final legislative approval to a proposed tax break, worth an estimated $2.4 million to $3.5 million a year, that would benefit companies that repair and renovate military aircraft and larger commercial aircraft.  Governor Bentley supports the bill.  The plan, starting Oct. 1, would exempt from the state sales tax the parts, systems and components used to repair or renovate military or transport-category aircraft that are based out-of-state. Transport-category aircraft include jets with a take-off weight greater than 12,500 lbs. or with 10 or more seats, and prop aircraft with a maximum take-off weight of more than 19,000 lbs. or with 20 or more seats. The sales-tax exemption for aircraft parts and systems under the bill would expire in May 2022 unless extended by the Legislature.
 

Late Thursday evening, the Alabama Senate passed a bill that will expand the scope of certain tax incentives in order to focus on recruiting data processing centers to the state.  The Alabama Data Processing Center Economic Incentive Enhancement Act extends the period of time that granting authorities can abate certain ad valorem taxes and construction-related taxes for data processing centers and warehousing and storage facilities in Alabama.

Single-Point Filing System Clears Committees in Both House and Senate

Senate Bill 459 and House Bill 597, the two versions of legislation designed to streamline the processes for businesses to file certain city and state tax returns, received favorable reports from committees on both sides of the aisle.  Currently, businesses operating in more than one municipality or county in Alabama have to file separate tax returns in each location as well as with the state.  The legislation would create the Optional Network Election for Single Point Online Transaction, otherwise known as the ONE SPOT system. The free, electronic system would enable businesses to file just once, rather than filing in every municipality and county where it does business. Both the House and Senate versions are expected to be fast-tracked by House and Senate Republican leadership.Senate Passes Alabama Data Processing Center Economic Incentive Act

 

Measure To Streamline Tax Assessment Appeals Clears House


The House passed "Alabama Taxpayers' Bill of Rights II" bill, a measure that streamlines the process for appealing tax assessments.  House Bill 105 was supported by a cross-section of the business community. Under the provisions of this legislation, the appeals process for tax assessments will be streamlined and made independent of the taxing governments, all of which have a vested interest in denying such appeals.  Instead, an independent Alabama Tax Appeals Commission would be created and tasked with hearing disputes over assessments involving income, sales, use, rental and lodging taxes issued by the State Department of Revenue, by cities or counties or by private auditing firms they employ. The legislation also lengthens the appeal time for taxpayers from 30 days to 60 days.
 

Unemployment Compensation Changes Clear Senate 

 

The Senate passed a bill that would reduce unemployment compensation payments to laid-off workers by an estimated $11.4 million a year, and save that amount for the state's unemployment compensation trust fund.  Under current law, weekly jobless benefits paid to people are interrupted for one week after 13 weeks of payments, and then resume. Under Senate Bill 300, the initial jobless benefit payment would be delayed a week, but the interruption after 13 weeks of payments would not happen.  The plan now goes to the House for review. 

Governor Signs Heroes for Hire BillOn Wednesday Governor Bentley signed a bill that gives businesses tax breaks for hiring military veterans returning from service.  The Heroes for Hire Bill gives a $1,000 tax credit to businesses hiring a recently returning, discharged or unemployed veteran, and a $2,000 credit to the veteran if he or she starts a business. 

Lawmakers' Pay Could Be Tied to Median Household IncomeThe House approved a proposal that would tie legislators' salary to the median household income of Alabama. The bill would change lawmakers' pay to a true salary that would be the same as the median household income. The State Personnel Board would be the organization in charge of determining what the median household income was in the state each year. The change would take effect immediately after the 2014 General Election if senators and voters approved the measure.


Confirmations Clear Auburn Trustee Nominations Committee
 

Confirmation of the remaining five nominees for the Auburn University Board of Trustees was delayed in the Alabama Senate on Thursday as lengthy Democratic filibusters took up much of the day. Republican leaders had intended to bring the nominees up for confirmation Thursday and will try to have them confirmed when the Senate reconvenes Tuesday. 

 

 

 

 

 

 

 

House and Senate Calendar 4/10/12

House:

 

HB 104 (Workers' Compensation)

To amend Section 25-5-51, Code of Alabama 1975, relating to workers' compensation, to provide that neither compensation nor medical benefits would be awarded to an employee or his or her estate if the employee's injury or death was the result of an impairment or intoxication caused by alcoholic consumption or drug use by an employee.

 

HB 150 (Small Businesses)

Relating to the Administrative Procedure Act; to add Sections 41-22-5.1 and 41-22-5.2 to the Code of Alabama 1975; to define small business; to require any agency which proposes a rule which may have an adverse impact on small businesses to prepare and file a small business economic impact statement; to require an agency which proposes a rule which affects a small business to prepare and file a small business regulatory flexibility analysis; to provide for judicial review of compliance with these provisions; and to require agencies to periodically review rules affecting small businesses.

 

HB 286 (Subchapter K Entities and Alabama S Corporations)

To amend Sections 40-18-14 and 40-18-21, Code of Alabama 1975, relating to the manner in which resident individual owners of Subchapter K entities and Alabama S corporations are taxed on the entity's income earned from sources outside of Alabama, to provide those owners, as well as resident beneficiaries of an estate or trust, with a credit equal to their proportionate share of certain income or gross profits taxes paid or accrued to other states or territories on behalf of the owners and a credit for a portion of income taxes paid or accrued to a foreign country with respect to the trade or business or investment income of such entity; and to require the Department of Revenue to report annually to the Legislative Council.

 

HB 140 (Income Tax Credit for Qualifying Projects of New Businesses and Business Expansions)

To amend Section 40-18-194, Code of Alabama 1975, relating to an income tax capital credit for qualifying projects of new businesses and business expansions; to allow for an extension of the time period in which certain capital credits may be claimed and will also allow the credit to be carried forward from one (1) to four (4) years depending upon the amount of the capital costs of the project.

 

HB 222 (Alabama Principal and Income Act)

Relating to trusts; to amend Sections 19-3A-409 and 19-3A-505 of the Code of Alabama 1975, relating to the Alabama Principal and Income Act, to further distinguish between the principal of a trust and the distribution of income from a trust; and to add Section 19-3A-607 to the Code of Alabama 1975, to provide for certain transitional matters in the application of the changes by this act.

 

SB 30 (Posting of Requests for Bids/Proposals for Public Contracts)

To require the State Comptroller to post and maintain a statewide database on the Open.Alabama.gov website of each request for a bid or proposal for a public contract by the State of Alabama, any agency, board, commission, or department of the state which receives state or federally appropriated funds, the State Board of Education, a public college or trade school, or a public university.

 

HB 320 (Competitive Bid Law Requirements and Small Businesses)

To amend Section 41-16-20 of the Code of Alabama 1975, to provide further for certain preferred vendors under the competitive bid law requirements and to provide for each small business certified under the HUBZone program to receive from the state any benefit which the federal government offers to such business if the state grants such a benefit to other businesses.

 

HB 71 (Public Works Contracts and Completion of Work)

To amend Section 39-2-12 of the Code of Alabama 1975, relating to timely execution of public works contracts; to prohibit an awarding authority from contractually increasing the time for payment for completing work beyond 30 days; to provide for interest of one percent per month to be added on any dollar amount approved and unpaid for each month; to require certification and proof of certification of the availability of funds by the awarding authority to pay contractors for the work under the contract; to provide that a contractor that is not paid should be entitled to recover reasonable attorney's fees, costs, and reasonable expenses in connection with the nonpayment; to amend Section 41-16-3 of the Code of Alabama 1975, relating to timely execution and payment of state contractors; to prohibit the state from contractually increasing the time for payment for completing work beyond 30 days; to provide for interest of one percent per month to be added on any dollar amount approved and unpaid for each month; to require certification and proof of certification of the availability of funds by the state to pay contractors for the work under the contract; and to provide that a contractor, subcontractor, or sub-subcontractor that is not paid should be entitled to recover reasonable attorneys' fees, costs, and reasonable expenses in connection with the nonpayment.

 

HB 242 (Barring of Civil Actions Against Certain Entities on Claims Relating to Obesity)

To bar civil actions against packers, distributors, carriers, holders, sellers, marketers, or advertisers of food products that comply with applicable statutory and regulatory requirements based on claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food.

 

HB 401 (Metal Held for Investment Purposes Exempt from Sales and Use Tax)

To amend Sections 40-23-4 and 40-23-62, Code of Alabama 1975, relating to sales and use tax exemptions; to provide certain metal held for investment purposes shall be exempt from the sales and use tax.

 

HB 354 (Homebrewing of Alcoholic Beverages)

To permit adult persons to produce a limited homebrewed beer, mead, cider, and wine for personal use; to prohibit a convicted felon from homebrewing such beverages; to provide penalties for violations; 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.

 

HB 67 (Relates to Alcoholic Beverages)

To amend Section 28-3-1, Code of Alabama 1975, relating to alcoholic beverages; to define the term "draft or keg beer."

 

SB 150 (Alabama Transportation Infrastructure Bank)

To establish the Alabama Transportation Infrastructure Bank; to specify the membership, powers, duties, terms, sources for capitalization, and liability of the bank; to provide for the redistribution of a portion of gasoline tax revenues and motor vehicle registration fee revenues; to provide procedures for the issuance of loans and other financial assistance to certain government entities for certain qualified projects; to provide authority for the bank to issue certain bonds under certain conditions; to require the bank to report annually to the Governor and the Legislature.

 

SB 89 (Alabama Lifespan Respite Resource Network)

To create the Alabama Lifespan Respite Resource Network known also as Alabama Respite to support family caregivers of children and adults with health care needs and to coordinate the Alabama Lifespan Respite Coalition; to provide for the membership of the Alabama Lifespan Respite Coalition; to coordinate statewide respite care efforts; to compete for federal funding; and to provide for funding guidelines.

 

HB 145 (Excise and Privilege Tax on Coal)

To amend Sections 40-13-6 and 40-13-8, Code of Alabama 1975; relating to the excise and privilege tax on coal; to provide further for the distribution of tax proceeds, and to terminate the tax on October 1, 2016, unless extended by the Legislature.

 

SB 139 (Contracts to Repair or Maintain a Highway, Road, or Street)

To adopt the existing common law of Alabama as it relates to abating the civil liability of a person or entity that contracts with the State of Alabama, a county, or a local government to construct, repair, or maintain a highway, a road, or a street.

 

HB 518 (Alabama Public Interest Energy and Fuel Research and Development Grants Program)

To establish the Alabama Public Interest Energy and Fuel Research and Development Grants Program to provide funding for energy and fuel related public interest energy research and development; to provide that the program is established within the Department of Agriculture and Industries Center for Alternative Fuels; to provide that the Commissioner of Agriculture and Industries shall evaluate and distribute appropriations by the Legislature and other funds allocated for public interest energy and fuel research and development grants based on advisory commission input; to establish the Public Interest Energy and Fuel Research and Development Grants Fund within the State Treasury; to create the Advisory Commission on Public Interest Energy and Fuel Research and Development Grants; and to make an appropriation from the State General Fund to the fund for the fiscal year ending September 30, 2012, and also for the fiscal year ending September 30, 2013.

 

HB 325 (Alcohol Removed from ABC Licensee's Premises)

To add Section 28-3A-20.1 to the Code of Alabama 1975, to authorize a bottle of wine that has been purchased and opened on the premises of an Alcoholic Beverage Control Board licensee to be removed from the premises by the purchaser provided the bottle of wine is resealed.

SB 48 (Income Tax Credits for Qualifying New Businesses and Business Expansions)

To amend Section 40-18-194, Code of Alabama 1975, relating to an income tax capital credit for qualifying projects of new businesses and business expansions; to allow for an extension of the time period in which certain capital credits may be claimed and will also allow the credit to be carried forward from one (1) to four (4) years depending upon the amount of the capital costs of the project.

 

HB 273 (Medicaid and Coverage of Premature Infants)

To require the state Medicaid Agency to develop and implement policies and procedures to streamline the process for access to covered outpatient drugs for premature infants and to ensure timely and appropriate access to care for premature infants.

 

HB 609 (Appropriations from BP Oil Spill Fund)

To make an appropriation totaling $7,000,000 from the BP Oil Spill Fund (Fund No. 1417) within the Department of Finance to the following entities: (1) Eastern Shore Chamber of Commerce; (2) Alabama Gulf Coast Convention and Visitors Bureau; (3) Mobile Bay Convention and Visitors Bureau; (4) South Mobile County Tourism Authority; and (5) the Dauphin Island Sea Lab for the purposes of tourism and seafood promotion and marketing in annual amounts over a period of four fiscal years beginning with the fiscal year ending September 30, 2012 and ending with the fiscal year ending September 30, 2015.

 

HB 414 (Relates to Gambling and Definitions)

To amend Sections 13A-12-20, 13A-12-22, 13A-12-23, 13A-12-24, and 13A-12-27, Code of Alabama 1975, relating to gambling; to define person for purposes of certain gambling crimes; to increase the penalties for certain crimes; to authorize certain property used in gambling to be seized and sold; 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.

 

SB 35 (Secondary Metals Recyclers)

To amend Sections 13A-8-30, 13A-8-31, 13A-8-32, 13A-8-33, 13A-8-34, 13A-8-35, 13A-8-36, 13A-8-37, and 13A-8-39, Code of Alabama 1975, relating to secondary metals recyclers, to require a secondary metals recycler to maintain additional records relating to the purchase of ferrous and nonferrous metals; to further provide for the limits on purchases by secondary metals recyclers for certain metal; to require secondary metals recyclers to register with the Alabama Criminal Justice Information Center (ACJIC) or other responsible agency; ACJIC or another responsible agency to maintain a database of certain information collected by secondary metals recyclers relating to the purchase of metal products; provide certain civil immunity for public or private owners of metal property for certain injuries related to metal property; to provide criminal penalties for damaging ordestroying certain metal property and would provide further criminal penalties for the possession of certain stolen metal property; to place restrictions on secondary metals recyclers relating to the purchase of specified metal property; to add Sections 13A-8-31.1, 13A-8-31.2, 13A-8-35.1, 13A-8-37.1, and 13A-8-37.2 to the Code of Alabama 1975; 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.

 

HB 333 (State Contacts and Wage Provisions)

Relating to state contracts; to prevent the state or any political subdivision of the state from using the Davis-Bacon prevailing wage provisions in contracts.

 

SB 294 (Size of Beer Containers)

To amend Section 28-3A-23, Code of Alabama 1975, relating to the size of containers of beer sold at retail; to allow beer to be sold in containers not to exceed 25.4 ounces.

 

HB 394 (Audits of Pharmacy Records -Relates to Managed Care Companies)

Relating to audits of pharmacy records; to establish minimum and uniform standards and criteria for the audit of pharmacy records by or on behalf of certain entities; to prescribe the procedures for conducting an audit; to provide for an appeal process; and to provide that an entity conducting an audit may not use the accounting practice of extrapolation in calculating recoupments or penalties for audits.

 

HB 600 (Alabama Small Business Financing Authority)

To create the Alabama Small Business Financing Authority; to provide for the board of the authority; to provide for the powers and duties of the authority; and to authorize the authority to enter into agreements with participating banks and other lenders to provide small businesses with additional access to capital under certain conditions.

 

HB 382 (Alabama Residential Mortgage Satisfaction Act)

To adopt the Alabama Residential Mortgage Satisfaction Act as a new Chapter 10B, Title 35, Code of Alabama 1975, to provide a uniform method for clearing residential land titles for subsequent transactions; to provide a method for a landowner or other entitled person to request a payoff statement pursuant to a notification transmitted to a secured creditor; to require a secured creditor, upon notification, to comply with the request for a payoff statement within a certain period of time; to require secured creditors to record mortgage satisfactions within a certain period of time of the payment date; to provide penalties for violations; to provide a self-help title clearing remedy pursuant to the use of an Affidavit of Satisfaction and a Satisfaction Agent; to provide for the use of a Document of Rescission by a secured creditor to rescind an erroneous recording of a mortgage; and to amend Sections 35-10-26 and 35-10-30, Code of Alabama 1975, to conform those code sections to the new chapter.

 

Senate:

SB 238 (Waiver of Requirements to be Certified as Capital Company)

To amend Section 40-14B-3, Code of Alabama 1975, to authorize the Director of the Alabama Development Office to waive certain requirements to be certified as a certified capital company for applicants that received a Small Business Innovative Research grant within a certain time of filing the application.

 

SB 260 (Businesses and Employers and Use of E-Verify and Approved Types of Identification)

To amend Sections 9, 15, and 30 of Act 2011-535, 2011 Regular Session, now appearing as Sections 31-13-9, 31-13-15, and 31-13-29, Code of Alabama 1975, to allow businesses and employers in this state, as well as subcontractors on projects paid for by state contract, grant, or incentive, to use the federal E-Verify program, the ALVerify program developed by the Center for Advanced Public Safety at the University of Alabama, the E-Verify

employer agent service established by the Alabama Department of Homeland Security, or a valid Alabama driver's license or identification card to verify the immigration status and eligibility of an employee; to specify that a person renewing a motor vehicle license plate, a driver's license or nondriver identification card, or a business or other license is not required to demonstrate his or her United States citizenship; and to add an unexpired United States military identification card to the list of acceptable documentation in order to be eligible to enter into a business transaction with the state or a political subdivision.

 

SB 163 (Income Tax Credits for Employers Hiring Recently Deployed Veterans)

To provide a $1,000 additional income tax credit for job creation to employers for hiring recently deployed, and now discharged, unemployed veterans; and to provide a $2,000 income tax credit to recently deployed, and now discharged, unemployed veterans who start their own businesses.

 

SB 258 (Health Care Compact)

Relating to health care regulation; to establish the Health Care Compact; to secure the consent of the United States Congress to return the authority to regulate health care to the member states to the compact; to establish the Interstate Advisory Health Care Commission, to provide for membership, duties, and terms of office; and to provide for funding.

 

SB 72 (Alabama Public Interest Energy and Fuel Research and Development Grants Program)

To establish the Alabama Public Interest Energy and Fuel Research and Development Grants Program to provide funding for energy and fuel related public interest energy research and development; to provide that the program is established within the Department of Agriculture and Industries Center for Alternative Fuels; to provide that the Commissioner of Agriculture and Industries shall evaluate and distribute appropriations by the Legislature and other funds allocated for public interest energy and fuel research and development grants based on advisory commission input; to establish the Public Interest Energy and Fuel Research and Development Grants Fund within the State Treasury; to create the Advisory Commission on Public Interest Energy and Fuel Research and Development Grants; and to make an appropriation from the State General Fund to the fund for the fiscal year ending September 30, 2012, and also for the fiscal year ending September 30, 2013.

 

SB 251 (Alabama Principal and Income Act)

Relating to trusts; to amend Sections 19-3A-409 and 19-3A-505 of the Code of Alabama 1975, relating to the Alabama Principal and Income Act, to further distinguish between the principal of a trust and the distribution of income from a trust; and to add Section 19-3A-607 to the Code of Alabama 1975, to provide for certain transitional matters in the application of the changes by this act.

 

SB 3 (Possession of Gambling Devices in Furtherance of a Business Enterprise)

To amend Section 13A-12-27 of the Code of Alabama 1975, relating to possession of a gambling device in furtherance of a business enterprise; to provide that possession of a gambling device would be a Class C felony; 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.

 

SB 77 (Workers' Compensation and Evidence at Trial Court)

To amend Sections 25-5-57, 25-5-68, 25-5-77, and 25-5-81, Code of Alabama 1975, relating to workers' compensation; to limit the use of evidence of pain complaints by a trial court; to limit an employer's liability for permanent total disability benefits after an employee reaches the age of 65; to increase the maximum weekly compensation payable for permanent partial disability from $220 to $240; to limit the obligation of an employer to pay the medical benefits of an employee who does not promptly seek medical attention for a claimed work injury; and to provide further for the weighing of evidence before pure findings of fact of the circuit court may be reversed.

 

SB 222 (Defining Small Business and Preparation and Filing of Small Business Economic Impact Statement)

Relating to the Administrative Procedure Act; to add Sections 41-22-5.1 and 41-22-5.2 to the Code of Alabama 1975; to define small business; to require any agency which proposes a rule which may have an adverse impact on small businesses to prepare and file a small business economic impact statement; to require an agency which proposes a rule which affects a small business to prepare and file a small business regulatory flexibility analysis; to provide for judicial review of compliance with these provisions; and to require agencies to periodically review rules affecting small businesses.

 

 

SB 309 (Sale of Insulin and Related Products Exempt from Sales and Use Taxes)

To specify that the sale of insulin, insulin syringes, and related items to treat diabetes purchased pursuant to a valid prescription would be exempt from any state, county, and municipal sales and use taxes; and to provide for retroactive applications under certain conditions.

 

SB 105 (Healthcare Providers and Declining Services due to Moral Conscience)

Relating to health care, to allow health care providers to decline to perform any health care service that violates their conscience and provide remedies for persons who exercise that right and suffer consequences as a result.

 

SB 196 (Medicaid and Coverage of Premature Infants)

To require the state Medicaid Agency to develop and implement policies and procedures to streamline the process for access to covered outpatient drugs for premature infants and to ensure timely and appropriate access to care for premature infants.

 

SB 316 (Sales Tax Exemption for Certain Vitamins, Minerals, and Dietary Supplements)

To amend Section 40-9-27 of the Code of Alabama 1975, relating to the sales tax exemption for vitamins, minerals, and dietary supplements, to specify that the exemption applies when the health care items are used, sold, furnished, dispensed, or prescribed by certain licensed health care providers.

 

SB 327 (State Contracts and Wage Provisions)

 Relating to state contracts; to prevent the state or any political subdivision of the state from using the Davis-Bacon prevailing wage provisions in contracts.

 

SB 307 (Fair and Open Competition in Governmental Construction Act)

Relating to public buildings and public works; to create the Fair and Open Competition in Governmental Construction Act; to prohibit public agencies from entering into certain contracts; to prohibit certain terms in certain documents; to prohibit public agencies from making certain awards; to prohibit certain persons from placing certain terms in certain documents; and to provide exemptions.

 

SB 283 (Health Care Service Plans and Coverage of Autism)

To require health benefit plans to include certain coverage for treatment of Autism Spectrum Disorder for certain children; and to amend Sections 10A-20-6.16 and 27-21A-23, Code of Alabama 1975, relating to health care service plans and health maintenance organizations.

 

HB 243 (Entertainment Industry Incentives)

Relating to the entertainment Industry Incentives Act of 2009; to amend Sections 41-7A-43 and 41-7A-45, as amended by Act 2011-695 of the 2011 Regular Session, and Section 41-7A-48 of the Code of Alabama 1975, to increase the maximum expended amounts beyond which rebates would not be allowed and increase the annual cap for incentives allowed during any fiscal year.

 

SB 363 (Share Exchange Transactions -Relates to Mergers)

Relating to corporations; to amend Section 10A-2-11.02 of the Code of Alabama 1975, to provide for share exchange transactions.

 

SB 409 (Timber and use of Country Roads)

To add Section 23-1-80.1 to the Code of Alabama 1975, to authorize the county commission of a county to adopt an ordinance requiring persons and firms that own timber and plan to use county roads while conducting their operations in the county to file prior notice of the intent to use county roads in conjunction with their operations; and to provide for civil fines for violations; and to prohibit any other notice, permit, license, or security to use public roads in the county with respect to timber owners.

SB 211 (United States Uniformed Services Privilege and ID Card and Business Transactions)

To amend Section 30 of Act 2011-535, 2011 Regular Session, now appearing as Section 31-13-29, Code of Alabama 1975, to add a United States Uniformed Services Privilege and Identification Card to the list of acceptable documentation in order to be eligible to enter into a business transaction with the state or a political subdivision.

SB 347 (Alabama Residential Mortgage Satisfaction Act)                                                                                                           

To adopt the Alabama Residential Mortgage Satisfaction Act as a new Chapter 10B, Title 35, Code of Alabama 1975, to provide a uniform method for clearing residential land titles for subsequent transactions; to provide a method for a landowner or other entitled person to request a payoff statement pursuant to a notification transmitted to a secured creditor; to require a secured creditor, upon notification, to comply with the request for a payoff statement within a certain period of time; to require secured creditors to record mortgage satisfactions within a certain period of time of the payment date; to provide penalties for violations; to provide a self-help title clearing remedy pursuant to the use of an Affidavit of Satisfaction and a Satisfaction Agent; to provide for the use of a Document of Rescission by a secured creditor to rescind an erroneous recording of a mortgage; and to amend Sections 35-10-26 and 35-10-30, Code of Alabama 1975, to conform those code sections to the new chapter.

HB 257 (Tax Credits for Investments in Businesses in Low Income Areas)

Relating to low-income communities; to establish state income, financial institution excise, and premium tax credits for investments in businesses in impoverished and low income communities within a downtown core area or central business district.

SB 383 (Auditing of Pharmacy Records -Applies to Managed Care Companies)

Relating to audits of pharmacy records; to establish minimum and uniform standards and criteria for the audit of pharmacy records by or on behalf of certain entities; to prescribe the procedures for conducting an audit; to provide for an appeal process; and to provide that an entity conducting an audit may not use the accounting practice of extrapolation in calculating recoupments or penalties for audits.

 

 

SB 358 (Licensing of Farm Wineries and Sale of Wine)

To amend Sections 28-3-1, 28-7-13, and 28-7-18, Code of Alabama 1975, to provide further for the licensing of farm wineries and the sale of wine.

 

 

House and Senate Committee Calendar 4/11/12

 

Note: I didn't see anything that pertained particularly to a practice area listed for 4/9 or 4/10.

House Committees 4/11/12:

 

HB 629 (Economic Development and Tourism Committee) (Manufacturing Zones)

SYNOPSIS: Existing law provides for the creation of tax increment districts by counties and municipalities as a means of developing blighted and economically distressed areas. Existing law provides that development projects that locate in the district receive certain tax incentives.

This bill would authorize a Class 3 municipality to designate certain real property as a Major 21st Century Manufacturing Zone. This bill would provide requirements to qualify as a zone and provide that projects within the zone would make tax increment payments for purposes of repaying tax incentives. This bill would provide that property within the zone would be developed for certain manufacturing purposes and would provide incentive for certain manufacturing projects that commit to develop or expand within the zone.

 

HB 63 (Economic Development and Tourism Committee) (Alcohol Sales License Fee)

SYNOPSIS: Under existing law, applicants for license to sell alcoholic beverages are required to file an application, furnish certain information, and pay a filing fee of $50 to the Alcoholic Beverage Control Board. This bill would increase the $50 fee to $100.

 

 

HB 64 (Economic Development and Tourism Committee) (Renewal of Alcohol Sales License)

SYNOPSIS: Under existing law, the Alcoholic Beverage Control Board has the authority to issue licenses for the sale of alcoholic beverages. The licenses are required to be renewed annually on or before the first day of October with a penalty for failure to renew. This bill would require all annual license fees be paid between June 1 and July 31 of each year. This bill would increase the penalty for failure to timely renew. This bill would allow the Alcoholic Beverage Control Board to charge a fee for electronic processing.

 

 

HB 569 (Boards, Agencies, and Commissions Committee) (Home Medical Equipment Providers)

SYNOPSIS: Under existing law, the Home Medical Equipment Services Providers Board provides for the licensing and regulation of home medical equipment services providers. This bill would rename the board the Board of Home Medical Equipment. This bill would provide for the removal of board members and for the authority of the board to employ an administrator and other necessary employees, adopt a seal, and establish and charge reasonable fees. This bill would prohibit the practice of providing home medical equipment services without a license and would provide a process for late renewal of a license and renewal of a lapsed license. This bill would provide further for the authority of the board and the grounds necessary to deny, revoke, or suspend a license, and would provide for disciplinary hearings, administrative fines, injunctions, and other penalties against violators.

 

HB 658 (Public Safety and Homeland Security Committee) (Changes to AL's Immigration Law)

Note: Several changes were made. I have attached a copy of the bill to the same email that this document was attached to. The underlined portions of the bill denote the changes to be made.

  

Senate Committees 4/11/12:

 

SB 249 (Health Committee) (Healthcare Providers and Dispute Resolution)

SYNOPSIS: This bill would establish a program for health care providers and certain health care insurers, health maintenance organizations, and other related entities to resolve claim disputes by allowing a third-party resolution organization to review and consider the claim dispute and make recommendations to the Department of Public Health regarding resolution of the claims. This bill would also authorize the department to adopt rules to administer this program.

 

SB 307 (Ways and Means Education) (Insulin Exemption from Sales and Use Taxes)

SYNOPSIS: Under existing law, the sale of prescription drugs is exempt from state sales taxes. This bill would specify that the sale of insulin, insulin syringes, and related items to treat diabetes purchased pursuant to a valid prescription would be exempt from any state, county, and municipal sales and use taxes. The bill would apply retroactively to open tax periods.

 
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Greater Birmingham Republican Women
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