GOVERNOR PLACES EXECUTIVE AMENDMENT
ONTO HOME BUYERS INITIATIVE
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The HBAA is assessing what effect an executive amendment, added to the legislation by the Governor, will have on the Home Buyers Initiative, as well as on Alabama Housing Finance operations. The amendment was requested by State Treasurer Kay Ivey. Described by her office as a "hyper-technical" amendment, the change would remove the Treasurer's office from the responsibility of maintaining the account for the recovery funds and processing any payments to investors. The Senate has voted to concur with the amendment, but the House has yet to take action.
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DECENTRALIZED WASTEWATER BILL RECEIVES FAVORABLE REPORT FROM SENATE HEALTH COMMITTEE
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HB 543 (Grantland, Hartselle) was on a roll this week as it sailed out of the House and was referred to the Senate Health Committee. It was immediately added to the committee calendar and received a favorable report on an 8-0 vote. The HBAA is working with Senator Lowell Barron to have the bill added to an upcoming calendar for Senate action.
The bill makes a number of housekeeping changes, but also makes some changes that the HBAA advocated. In the past, the Alabama Department of Environmental Management and the Alabama Department of Public Health maintained an agreement by which the Health Department would permit decentralized wastewater systems up to 10,000 gal/day flow. ADEM permitted everything above 10,000 gal/day. Under the provisions of the bill, this relationship becomes codified and increases the permitting capacity of the Health Department to 15,000 gal/day. This increase means that the Health Department can permit sites of upward of 50 lots.
The bill also establishes an advisory panel that will work with both agencies in developing construction standards for the installation of these systems. The agencies have been concerned that a lack of standards has allowed potential problems to go unnoticed. The HBAA, along with other groups, will be able to aid these agencies in promoting better standards with an eye on affordability.
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LANDLORD TENANT BILLS AWAIT ACTION
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HB 680 (McLaughlin, Guntersville) and SB 397 (Barron, Fyffe) are both out of committees in their respective chambers and are awaiting action by the full body. The HBAA is working closely to get both measures to the floor for full action. The negotiated bills appear to have the support of all interested parties, as well as the Alabama Law Institute. HBAA negotiators were able to add language concerning the notice provisions for entry into the dwelling for purposes of showing the unit to prospective tenants.
SB 360 (Z. Little, Cullman), is awaiting action by the House of Representatives. This bill would prohibit the landlord from being held responsible for the delinquent bills of their tenants. The language states that "the provider of goods or services may not require a landlord or property owner to pay the delinquent bill of a tenant for goods or service provided to the tenant if the account for the goods and services is in the name of the tenant." This is a significant gain for landlords who face liens against real property due to the failure of tenants to pay their bills. The HBAA will work with the House leadership to get the bill considered as soon as possible.
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LEGISLATURE 101:
Executive Amendments
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Alabama law allows the Governor to return legislation to the Alabama legislature with executive amendments if there are issues with a particular bill that he would like addressed. If the Governor disapproves the bill, he may veto it, in which event he must return it to the house in which it originated with a message explaining his objections and suggesting amendments which will remove such objections, if it is possible to do so by amendment. The bill is then reconsidered, and if a majority of the members elected to both houses agrees to the executive amendments, it is returned to the Governor, as he revised it, for his signature.
If a majority of the members elected to each house approve a vetoed bill as the Legislature passed it, it becomes a law notwithstanding the Governor's veto.
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