HBAA Legislative Alert
May 18, 2012

REGULAR SESSION ENDS AS SPECIAL SESSION BEGINS 

The Sine Die of the 2012 Regular Session of the Alabama Legislature was followed by the immediate call to Special Session by the Governor. Following their late night on Wednesday's final day, legislators arrived at the Statehouse on Thursday to begin work on items contained in the call including redistricting, economic development, and immigration law changes.

IMMIGRATION BILL AWAITS GOVERNOR'S SIGNATURE 

The House and Senate completed their work on revision legislation that provides some clarity to Alabama's immigration law. HB 658 sponsored by Rep. Mickey Hammon (R-Decatur) now awaits consideration and signature by Governor Bentley. He has ten days to sign the bill or the measure dies as a result of a "pocket" veto. The Governor has included two amendments to the law in his call for the Special Session. It is not clear what the Governor will do if his suggested amendments fail. The HBAA and its business industry partners have expressed to the Governor the need for these changes and their hopes that he will sign the measure.

 

Included in the changes that were passed is language that clarifies that a contractor is not responsible for verifying subcontractor employees and elimination of the affidavit requirements. These, along with other changes, help to make the bill somewhat more workable and less burdensome on employers.

 

The Governor's suggested changes are focused on eliminating the section that allows students to be "interrogated" about their immigration status, ensuring the constitutionality of all educational reporting requirements and clarifying that data gathered from courts is used for statistical information purposes only. Click here to view the Governor's Call. 

 

Pocket Veto: A pocket veto only occurs if the Governor fails to sign a bill after the legislature adjourns sine die. This is the only way that a Governor can ensure that his veto is final as the legislature would be unable to override his action. If the legislature is in session and the Governor does not sign the bill or return it to the chamber in which it originated within six days, the legislation automatically becomes law.

DEVELOPMENT DISTRICT BILL RECEIVES FAVORABLE REPORT IN SPECIAL SESSION

Despite its failure to be considered on the final day of session, a bill that revises the Alabama Development District law was reintroduced for the Special Session. Sponsored by Senator Jabo Waggoner (R-Birmingham), SB 30 received a favorable report from the Senate F&TG Committee on Friday morning.

FIRE SPRINKLER INSTALLER BILL FAILS ON FINAL DAY

As is often the case, bills on the calendar for the final day of session fail due to delays, filibusters, or just bad placement on the calendar. That was the case for SB 336 by Senator Brian Taylor (R-Prattville). The bill was on the calendar for the final day, but a vote that removed the Jefferson County occupational tax from the day's calendar sparked delay tactics including the reading of every bill at length. These protest actions ultimately sounded the end of a bill that would have allowed master plumbers to install limited sprinkler systems in residential dwellings upon completion of a certification program offered by the State Fire Marshal's office. The bill will likely be reintroduced in the 2013 Legislative Session.

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