HBAA Legislative Alert
February 17, 2012
ORR'S WORKERS COMP BILL
GOES TO PUBLIC HEARING

Senator Arthur Orr's (Decatur) Workers Comp Bill will receive a public hearing at the request of trial lawyers next week.  

 

The bill, SB77, would make the following 5 changes to the Alabama's statute:  

 

  • Clarifies that the appellate courts are vested with the authority to determine the existence of "substantial evidence" in light of the entire evidentiary record, not just the evidence relied upon by the trial court in making a finding of fact.
  • Terminates permanent total disability benefits at age 65 or after 500 weeks, whichever is longer.
  • Increases the cap on weekly permanent partial disability benefits from $220 to $240.
  • The trial judge cannot consider complaints of pain from a scheduled member as a reason to remove the injury from the schedule.
  • Two years with no medical treatment creates a rebuttable presumption that any subsequent treatment is not related to the worker's compensation injury. Four years with no medical treatment means any subsequent treatment is definitely not related to the workers' compensation injury.  

 

HBAA staff will attend the hearing in support of the legislation. Members are encouraged to contact members of the committee and urge them to support SB77. Below is a list of Senators on the Business and Labor committee and their contact info:

 

BUSINESS AND LABOR COMMITTEE

Rusty Glover (Chairman-Mobile) (251) 649-7380                          Slade Blackwell (Birmingham) (205) 396-1144

Priscilla Dunn (Bessemer) (205) 426-3795

Marc Keahey (Grove Hill) (251) 275-3541

Shadrack McGill (Woodville) (334) 242-7858

Clay Scofield (Albertville) (334) 242-7876 

Rodger Smitherman (Birmingham) (205) 322-3268 

Cam Ward (Alabaster) (205) 664-1066

 

HOUSE PASSES INCENTIVE BILLS DESIGNED TO RETAIN AND RECRUIT NEW INDUSTRY

A bill that would allow an employer building a new or expanded facility in Alabama to keep from 50% to 90% of the state income taxes withheld from new employees at the facility passed the House this week on a vote of 65-22. HB159, sponsored by Rep. Barry Mask of Elmore County, is one of several bills designed to lure new businesses and provide incentives to existing businesses to grow in Alabama. The Alabama Education Association, led by Henry Mabry, has objected to the measure claiming the legislation will drain the education trust fund in the coming years and take money away from the classroom.

 

The House passed several other incentive/job creation bills this week, including:

 

HB 154 (Williams - Athens, AL) Alabama Data Processing Center Economic Incentive

 

HB 39 (Lee - Dothan, AL) Aviation and Aerospace Economic Incentives

 

HB 152 (Bridges - Valley, AL) "Heroes for Hire" Tax Credit

 

ABLE / WINTER MEETING / LEGISLATIVE RECEPTION JUST AROUND THE CORNER

The 2012 Alabama Better Living Expo, HBAA's annual Winter Meeting and Legislative Reception are just over a week away. If you haven't registered, do so today! For one price, you get three distinct and valuable meetings.

 

ABLE: Alabama's premier sustainability and energy efficiency conference. Consumers, both commercial and residential, are looking to incorporate sustainable and energy efficient products into their homes and businesses. With over 60,000 sq ft of exhibits and over 100 hours of education, ABLE provides attendees with a unique venue to learn about new products and how to market to Alabama's consumers.

 

WINTER MEETING: The HBAA's annual Winter Meeting combines a multitude of committee and council meetings to keep you updated on the latest association and industry developments and activities. The meeting concludes with the Board of Directors meeting.

 

LEGISLATIVE RECEPTION: Considered the best legislative reception of the legislative season, the HBAA reception will be held in the expansive exhibit hall of the 2012 ABLE Conference. Attendees will mingle with legislators, court justices, cabinet leaders, and leadership from the various state agencies.

 

These three meetings represent one great opportunity to take part in the HBAA's newest and most exciting event in years.

 

Register today at Able-Expo-Alabama.com or call 800-745-4222.

 

 

BILLS OF INTEREST INTRODUCED THIS WEEK:

SB 327 (Blackwell, Birmingham): Restricts state or any political subdivision from using the Davis-Bacon prevailing wage provisions in contracts.

 

SB 336 (Taylor, Prattville): Allows the state fire marshal to issue permits to certified potable water single family dwelling fire sprinkler contractors.

 

You have subscribed to the HBAA Legislative Alert. The Legislative Alert is published every Friday following a legislative week. If you have any questions regarding this email please contact Jason Reid at (800) 745-4222.