State Capital
HBAA Legislative Alert
February 14, 2014
HOUSE PASSES HBAA-BACKED PRESALE LEGISLATION 

On Thursday, the Alabama House of Representatives passed HB 46 on a vote of 100 - 0. The measure now moves to the Senate. Sponsored by Rep. Chris England of Tuscaloosa, this legislation will alleviate one road block to land development financing by making presale contracts for the purchase of lots enforceable. Without viable presale agreements, banks are reluctant to provide development financing. Hopefully, this will be another step to bringing development financing back into the market place.

 

The bill has been assigned to the Senate Banking and Insurance Committee, chaired by Senator Slade Blackwell. The HBAA looks forward to working with Senator Blackwell to get the bill on an upcoming committee agenda as soon as practical. The Senate version of the bill, sponsored by Senator Gerald Allen, is awaiting action by the Senate Governmental Affairs Committee. The HBAA is working with Senator Jimmy Holley, chairman of the Governmental Affairs Committee, to get the bill on an upcoming agenda.

BIG WEEK IN STORE FOR HBAA LEGISLATION

With the HBAA's Winter Meeting being held next week in Montgomery, momentum for a "Builders Week" in both chambers is growing. Senator Del Marsh, Speaker Pro-tem of the Senate, has agreed to put the HBAA's Housing Initiative Bill on Tuesday's special order calendar. There are a number of bills on the calendar that could delay action until Thursday, but either way this key part of the HBAA Legislative Agenda is on track to be considered next week.

 

Additionally, Representative Mike Hubbard, Speaker of the House, has picked HBAA-backed HB 142 (HVAC Legislation) as his pick for the special order calendar on Tuesday and HB 143 (Plumbers Legislation) on Thursday.   

DON'T MISS NEXT WEEK'S LEGISLATIVE RECEPTION!

Be sure to join us on Wednesday night for the HBAA's Legislative Reception and thank members of the Alabama Legislature for their support and encourage them to continue fighting for the home building industry! The reception will be held at the Montgomery Renaissance Hotel and Convention Center in Montgomery at 5:30 pm.

Below you can view the current status of each piece of the HBAA's Legislative Agenda:

HB 46/SB 227 "Pre-Sale Agreements"

Sponsor: Rep. Chris England/Senator Gerald Allen

Description: This bill is designed to clarify that pre-sale agreements for the purchase of lots in subdivisions are enforceable.

Status: HB 46 was passed by the House this week. The HBAA is working to get the bill on the agenda of the Senate Banking and Insurance Committee.

Special Recognition: The HBAA would like to thank Rep. Chris England for his hard work in helping to negotiate the final substitute bill that addresses the HBAA's concerns and those of the County Commissioners Association. His handling of the bill throughout this process has been impressive and is evident by the 100-0 vote in favor of the bill on the House Floor.

 

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: SB 195 has been placed on the second special order calendar for Tuesday.

Special Recognition: The HBAA would like to thank Senator Slade Blackwell for getting the House version of the bill voted out of his committee this week. This will allow the House bill to be substituted on the Senate floor when the SB 195 comes up for consideration. Further, the HBAA would like to thank Senator Del Marsh for recognizing the importance of this legislation and adding it to the special order calendar.

 

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: HB 142 is on the House special order calendar for Tuesday. The HBAA will continue to encourage the members of the House to vote in favor of the bill.

 

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 is expected to be on the House calendar for next Thursday. The HBAA will continue to work with the Speaker of the House to move this important legislation for the plumbing and gas fitting industry. SB 150 was given a favorable report in the Senate Governmental Affairs Committee this week.

Special Recognition: The HBAA appreciates the efforts of Senator Jimmy Holley in negotiating a change to the bill that will replace the bond requirement with a "recovery fund" similar to that of the Home Builders Licensure Board. The fund will further reduce the overall cost that plumbers pay for individual bonds and the fund will eliminate the need for local performance bonds.

 

Here is the latest on other bills that the HBAA is actively supporting:

 

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: SB 207 was given a favorable report by the House Commerce and Small Business Committee this week. The bill is expected to come before the full House as early as Tuesday. The HBAA will continue to work with the Alabama Realtors to move this important legislation.

 

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's internal affairs division which tends to be less objective than an independent tribunal.

Status: HB 105 is expected to come before the full Senate for consideration on Tuesday.

 

SB 291 "Landlord Tenant"

Sponsor: Senator Del Marsh

Description: The "Landlord Tenant" legislation is an update to current Alabama law. Among the proposed changes are provisions to increase the length of time landlords must return deposits and termination of lease for noncompliance with the rental agreement or abandonment. The HBAA is continuing to work with the Realtors and the Alabama Apartment Association to make certain all issues regarding the landlord tenant law are addressed.

Status: SB 291 has been assigned to the Banking and Insurance Committee. The HBAA is working with Committee Chairman, Senator Slade Blackwell, to get the bill assigned to the committee agenda as soon as possible.

 

HB 458 "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 458 will receive a public hearing next Wednesday in the House Commerce and Small Business Committee.


SENATE
Adjourned: Thursday, February 13, 2014 at 2:53pm
Convene: Tuesday, February 18, 2014 at 1:00pm

HOUSE
Adjourned: Thursday, February 13, 2014 at 4:30pm
Convene: Tuesday, February 18, 2014 at 1:00pm








As of Thursday, 892 bills have been introduced.




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