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The HBAA's 2014 Legislative Agenda is off to a good start during this, the first week of the Regular Session of the Alabama Legislature. Below are the main bills on this year's agenda:
HB 46 "Pre-Sale Agreements"
Sponsor: Rep. Chris England
Description: This bill is designed to clarify that pre-sale agreements for the purchase of lots in subdivisions are enforceable.
Status: Assigned to the County and Municipal Government Committee. The bill was carried over in committee on Thursday, but will be on the committee agenda for next Wednesday.
HB 102/SB 195 "Alabama Housing Initiative Update"
Sponsors: Rep. Mike Hill/Senator Cam Ward
Description: The legislation updates the Alabama Housing Initiative that was originally passed in 2009. It provides for alternative housing programs that, if passed, are projected to spur up to 2,500 new and existing home sales during the 2014 calendar year.
Status: Assigned to the Insurance Committee in the House and Banking and Insurance Committee in the Senate. The House bill was given a favorable report from committee on Wednesday and will be considered by the full House as early as Tuesday. Senate action is pending.
HB 142/SB 124 "HVAC Law Revisions"
Sponsors: Rep. Jack Williams/Senator Gerald Allen
Description: Identical to the legislation introduced in the 2013 legislative session, this legislation codifies the Duct and Envelope Testing registration process and establishes a duct cleaning and filter changing company registration. Additionally, the bill allows for the transfer of surplus agency funds to the Alabama Home Builders Foundation to be used to support HVAC programs at trade schools and apprentice training programs in Alabama.
Status: Assigned to the Boards and Commissions committee in the House and the Governmental Affairs committee in the Senate. The bill is scheduled for consideration by the House committee next Wednesday at 10:30 am.
HB 143/SB 150 "Plumbers Law Revisions"
Sponsors: Rep. Jack Williams/Senator Gerald Allen
Description: Identical to the legislation introduced in the 2013 legislative session, this legislation makes several changes to the plumbers law including creating alternative disciplinary action for violations and allowing the transfer of surplus agency funds to be used by the Alabama Home Builders Foundation to support plumbing programs at trade schools and apprentice training programs in Alabama.
Status: Assigned to the Boards and Commissions committee in the House and the Governmental Affairs Committee in the Senate. The bill is scheduled for consideration by the House committee next Wednesday at 10:30 am.
Since the end of the 2013 session, HBAA staff has worked with various groups on potential legislation for introduction in the 2014 session. Although these bills were not initiated by the HBAA, they are or will be actively supported. Below are a couple of examples:
HB 99/SB 207 "Prohibition of Business License Tax on Individual Apartments"
Sponsors: Rep. Jim Patterson/Senator Vivian Figures
Description: This legislation is similar to the legislation supported by the HBAA last session that would have restricted a municipality from charging an individual business license on each apartment in an apartment complex. The main difference in the 2014 version of the bill is that it is not a constitutional amendment, unlike the 2013 version.
Status: The bill was given a favorable report in the House County and Municipal Government Committee on Thursday. The bill now awaits consideration by the full House.
(No Number/Yet to be Introduced) "Landlord Tenant Revisions"
Sponsor: N/A
Description: The proposed bill is a further revision of the Uniform Landlord Tenant law. It is designed to extend the deposit return from 35 days to 60 days, speed up the eviction process and, potentially, address infestation issues caused by the tenant.
Status: This bill is still under negotiation. The HBAA is working closely with the Alabama Realtors to develop a clean, passable bill that addresses the concerns of both groups.
Throughout the session, the HBAA will review every bill introduced to determine which ones will affect the home building industry and any of its related trades. The HBAA will actively monitor 500+ bills. Below are listed a few of those that we feel have varying impacts on the industry:
HB 137/SB 106 "Home Owners Association Legislation"
Sponsors: Rep. Mac McCutcheon/Senator Cam Ward
Description: This bill is designed to address perceived issues with home owner associations. The legislation encompasses how home owner associations should be structured and how funds should be maintained, and requires that the HOAs register with the Real Estate Commission. The HBAA feels that the bill overreaches and exceeds the recommendations of the Home Owner Association Taskforce which was established in 2013.
Status: Rep. McCutcheon and Senator Ward are long-time friends and supporters of the HBAA.
HBAA staff met with both this week to discuss the legislation and to express the association's issues and concerns. The HBAA will be bringing forward several changes and look forward to working with the sponsors to ensure that the interests of the association are met.
SB 152 "LEED Commercial Buildings/Forest Products"
Sponsor: Senator Marc Keahey
Description: The bill is designed to give equal footing for forestry products in green building programs used on public buildings throughout Alabama. HBAA members frequently work on small commercial projects for various government entities across the state and there is some concern that this restriction could result in non-compliance with the green standard selected by the local entity.
Status: The bill was given a favorable report in the Senate committee on Agriculture, Conservation, and Forestry. When considered by the full Senate on Thursday, the bill was carried over on a motion from Senator Roger Bedford.
Every Friday throughout the session, the HBAA will be sending out its weekly Legislative Alert. At times, the Alert will contain ACTION ITEMS where you may be asked to contact your legislator. Even though the HBAA is working non-stop on legislation, it sometimes takes a local touch to make the difference. As they say, "All politics are local."
If you have any questions concerning any of the bills or issues addressed in the Alert, please contact Russell Davis or Jason Reid for more information.
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