State Capital
HBAA Legislative Alert
January 24, 2014
HBAA LEGISLATIVE AGENDA MOVES FORWARD 

The HBAA's Legislative Agenda has made good progress this week as several pieces of legislation moved forward while others were negotiated and ready for movement next week. Here is the latest on these bills:

 

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: HBAA staff had lengthy meetings this week with representatives of the Alabama Association of County Commissioners to address their concerns that aspects of the legislation might bypass restrictions that require compliance with county subdivision regulations. Both sides have agreed to language that will state that the developer will file a preliminary set of engineered drawings of the proposed subdivision with the County prior to offering the pre-sale agreements. The language is being drafted and should be complete and ready for consideration by the House County and Municipal Government Committee next Wednesday.


Special Recognition
: The HBAA appreciates all the hard work of Rep. Chris England on working with both sides to reach agreement and for his leadership recognizing that this major impediment to development financing must be fixed. The HBAA also would like to thank Rep. Steve McMillan, Chairman of the House County and Municipal Government Committee, for agreeing to hold a meeting next Wednesday to get the bill in a position to be considered by the full House. 

 

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
: The Senate Banking and Insurance committee gave SB 150 a favorable report on Wednesday. HB 102 is number 5 on Tuesday's regular order calendar in the House. HBAA staff will work to have HB 102 added to the first Special Order Calendar in the House should it fail to come up for a vote on Tuesday.

 

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
: The HBAA met with staff of the Alabama Associated Builders and Contractors and the Alabama Subcontractors Association this week to discuss concerns they had with the legislation. One area of concern was the filter changer/duct cleaner classification that the board had requested be a part of the bill. In a good faith measure, the HBAA agreed to submit a substitute bill to remove the language to accommodate their concerns. The substitute for HB 142 was given a favorable report in the House Boards and Commissions meeting on Wednesday. The HBAA will participate in a conference call with HVAC board staff, as well as representatives of the ABC and Subcontractors, on Monday to answer any remaining questions that they may have concerning the bill.


Special Recognition
: The HBAA would like to thank Rep. Jack Williams for both sponsoring the legislation again this year and for helping shepherd the bill through the committee process. The HBAA would also like to thank Rep. Joe Hubbard for moving to bring the bill up, out of order, during the committee meeting and for his explanation of the amendment to the members of the committee.

 

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
: HB 143 was given a favorable report in the House Boards and Commissions meeting this week. SB 150 is scheduled for consideration by the Senate Governmental Affairs Committee on Wednesday.


HBAA ACTIVELY SUPPORTING THESE BILLS:

HB 13 "Ad Valorem/Tax Credit Housing"

Sponsor: Oliver Robinson


Description
: The legislation seeks to provide a method to determine the fair and reasonable market value of occupancy rental property on which exist restrictive covenants/laws. This deals directly with Tax Credit developed multi-family projects in rural areas. By arriving at a lower ad valorem value on the property, available tax credits will be able to stretch further and help fund additional properties.


Status
: HB 13 has been assigned to the House Commerce and Small Business Committee. The HBAA is working with Rep. Jack Williams, committee chairman, to get the bill brought up for committee action. The bill could be heard as early as next Wednesday.

 

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 Senate version of the bill, SB 207, moved quickly this week with the support of the Alabama Realtors and the HBAA. Having received a favorable report from the Senate Governmental Affairs Committee on Tuesday, the bill was placed on the Special Order Calendar for Thursday. The bill passed on a vote of 32 - 0.   The bill now moves to the House Commerce and Small Business Committee which gave the House companion bill a favorable report last week.


HB 105 "Tax Payer Bill of Rights"

Sponsor: Rep. Paul DeMarco


Description
: The "Tax Payer Bill of Rights" creates an independent tax tribunal to hear appeals of tax assessments issued by the Department of Revenue. Currently, appeals of tax assessments are handled by the department' internal affairs division which tends to be less objective than an independent tribunal.


Status
: The HBAA has been working closely with a number of other business groups to secure the support of various legislators in an effort to get the legislation through the process as quickly as possible. HB 105 has passed the House and has received a favorable report in the Senate Fiscal Responsibility and Accountability Committee. The HBAA will be working with its partner associations to get the bill placed on the Senate Special Order Calendar at the earliest opportunity.

As of Thursday,

639 bills have been introduced.

Among them are a number of bills that the HBAA is actively opposing.  Among these is:

HB 158 "Reducing the Right of Redemption"

Sponsor: Rep. Wes Long


Description
: The bill would reduce the right of redemption period on foreclosed property from one year to sixty (60) days.


Status
: The bill is assigned to the House Commerce and Small Business Committee. The HBAA has asked the committee chairman, Rep. Jack Williams, for a public hearing on the bill, which is scheduled to come before the committee on Wednesday. The HBAA will actively oppose this or any other measure that attempts to dismantle the current right of redemption law that has served as a leverage point for builders and developers.

 

 

Special Note

The HBAA would like to extend its thoughts and prayers to longtime HBAA friend and supporter Rep. Mac McCutcheon. Rep. McCutcheon is undergoing triple-bypass surgery today. We wish him the best and a speedy recovery!

SENATE
Adjourned: Thursday, January 23, 2014 at 1:59pm
Convene: Tuesday, January 28, 2014 at 2:00pm

HOUSE
Adjourned: Thursday, January 23, 2014 at 5:00pm
Convene: Tuesday, January 28, 2014 at 1:00pm













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