HBAA Legislative Alert
February 21, 2014
BOOM!  
$300 MILLION HOUSING INITIATIVE GOES TO GOVERNOR 
With a unanimous vote of the Senate on Thursday, HB 102 heads to Governor Bentley for signing. The bill, once implemented, is projected to produce up to $300 million in mortgage funds by freeing up $6 million that has been sitting in a mortgage guarantee fund which would then be used to offset the cost of PMI insurance. The measure could potentially help 2,100 families get into new homes, creating a mini housing boom for Alabama this spring and summer.

 

The HBAA appreciates all the hard work that the sponsors of the bill put into passing this measure.
Representative Mike Hill and Senator Cam Ward worked diligently to move the bill through their respective chambers and onto the floor for votes. Additional thanks goes to Senator Greg Reed who carried the bill on the floor of the Senate.   Because of their actions, a long awaited influx of mortgage funds is within view.

Special thanks goes out to the leadership of the legislature, Speaker of the House Mike Hubbard and

Speaker Pro Tem of the Senate Del Marsh, for making this bill a priority and getting it passed. Each made certain that the bills were placed on special order calendars so that the bills would have the opportunity to be voted on. Both chambers voted unanimously in favor of the bill.

LANDLORD TENANT GETS FAVORABLE REPORT FROM SENATE COMMITTEE

The Banking and Insurance Committee gave a favorable report to SB 291 by Senator Del Marsh on Thursday. During the public hearing portion of the meeting, Senator Marsh discussed how he had worked with the Attorney General's office, Trial Lawyers and various judges throughout the state to boil the bill down to a bare-bones compromise. From 36 pages the bill was reduced to just six. HBAA-backed language increasing the deposit return time from 35 days to 60 days remains in the bill. The Pro Tem made clear he wanted a bill that included only those items that are needed rather than a wish list of items, from either side, and felt that this bill accomplishes that goal. The HBAA will continue to work with Senator Marsh along with the Alabama Realtors and the Alabama Apartment Association to move the bill forward.

SENATORS, REPRESENTATIVES, JUDGES AND MORE TURN OUT FOR HBAA LEGISLATIVE RECEPTION 

The HBAA was proud to play host this week to one of the largest gatherings of Alabama's leaders. This year's legislative reception was widely attended by members of Alabama's Executive, Legislative, and Judicial branches of government along with a number of state agency and departmental heads. The turnout of dignitaries is a testament to the importance of housing to Alabama's economy.

OVERVIEW OF HBAA'S LEGISLATIVE AGENDA

Here is a more comprehensive overview on the bills that are part of the HBAA's legislative agenda this session:

 

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 given a favorable report this week by the Senate Banking and Insurance Committee. The HBAA will work to place the bill on a special order calendar as soon as possible. The HBAA is also working to get the Senate version on the Governmental Affairs committee agenda for an upcoming meeting.

 

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: Awaiting signature by Governor Bentley

 

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 passed the House on Tuesday. The bill is on the Senate Governmental Affairs committee agenda for Tuesday.

 

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 number 6 on the proposed special order calendar in the House on Tuesday.  

 

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: Signed by the Governor and Enacted as Act No. 2014-15

 

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 was carried over by the Senate this week.

 

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 was given a public hearing this week by the House Commerce and Small Business Committee.

SENATE
Adjourned: Thursday, February 20, 2014 at 4:30pm
Convene: Tuesday, February 25, 2014 at 2:00pm

HOUSE
Adjourned: Thursday, February 20, 2014 at 5:01am
Convene: Tuesday, February 25, 2014 at 1:00pm








As of Thursday, 925 bills have been introduced.




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