2009 Legislative Session Concludes
Productive Session with a Surprise
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Few will argue that the Alabama Legislature can claim that its 2009 session was one of the most productive in recent memory. Session-long shut downs in the Senate seemed like only a distant memory as the members came together and avoided issues that could divide them. Although the House membership expressed concern at times that the Senate was not passing a proportionate number of House bills, the concern never led to anything more than a temporary slowdown and an opportunity to vent frustrations unrelated to the events of the day. The only serious slowdowns experienced in either chamber were related to the attempt to remove tax from groceries and the gambling campaign known as "Sweet Home Alabama," both of which failed this session.
The HBAA can claim success this year as the majority of its legislative agenda passed. The most important piece of legislation was the Home Buyer Initiative legislation. This was the first major piece of legislation passed in the Alabama Legislature in 2009. With the goal of reducing existing housing inventory, this program has the potential to jump-start Alabama's economy by giving a boost to its home building industry. This year's session saw the passage of the Landlord Tenant Act amendments. One of the best features in this bill is the reduction in eviction time from 14 days to 7 days. Also passing this year was an update to the Management Entity Law. The HBAA was able to expand the Health Department's permitting authority on decentralized wastewater systems by fifty percent. Under an existing agreement, the Health Department's permitting authority was limited to sites not exceeding a flow of 10,000 gal/day. The new legislation codifies their permitting authority and increases the limit to 15,000 gal/day.
The statewide building code bill was sidelined by the HBAA after concerns were raised by cities and counties over home rule. Fire officials, who first raised the concerns, continue their efforts to mandate residential fire sprinklers in all new homes. The HBAA has committed to oppose any statewide effort to mandate sprinklers proposed by the fire officials. The Fire Chiefs Association is drafting a bill for the 2010 session to do just that. Local associations are urged to meet with their mayors, councilmen, and commissioners to block local attempts to adopt the 2009 International Residential Code which would mandate sprinklers.
The HBAA and its industry partners were able to head off numerous legislative measures that would have serious implications for the business community in Alabama. One of the most devastating would have been the multi-million dollar unemployment tax bill which would have cost Alabama employers over $22 million each year beginning in 2014. Also of concern were the occupational tax bills that worked their way forward in the Legislature. Although applicable only to Jefferson County, business groups lined up to oppose the measure due to its precedent setting potential which could have spread to other communities throughout Alabama.
The surprise ending to this year's session was the announcement by Speaker of the House Seth Hammett (D-Andalusia) that he would not be running for reelection to his House seat. Although there had been rumors that he was considering not running, most had hoped he would reconsider. In his own words, his decision is "final and irrevocable." Speaker Hammett will remain Speaker until January of 2011. With twenty months left in his term, the HBAA anticipates that the Speaker will continue to provide the exceptional leadership that has been the hallmark of his tenure in the top seat in the House of Representatives.
The HBAA would like to thank all who contacted their legislators on the HBAA's behalf to encourage them to support the home building industry. These personal calls went a long way in aiding the HBAA accomplishing its objectives in 2009. With elections coming up in 2010, next year's Legislative session is likely to be even more eventful. If you have a relationship with a legislator in your area, the HBAA encourages you to complete the attached "Nail-Down" form and return to us if you have not already done so. These personal relationships are key to the HBAA's success and that of the home building industry.
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