The Legislature is out on spring break this week. On their return April 1 a mountain of work and only three legislative days iremain. Among the items awaiting them are three bills of special interest to the HBAA. House Bills 46, 142, and 143 are in a position to be considered by the full Senate. (View the Legislative Agenda, shown below, for more information on these bills.)

With so little time and so much work to do, every lobbyist and group in Montgomery will be clamoring to get their bills on the special order calendar. The HBAA has had meetings with Senator Del Marsh, Speaker Pro Tem of the Alabama Senate, about getting these bills assigned to a non-controversial special order calendar on a day in which business bills are considered. The HBAA is also asking Senator Jabo Waggoner, Senate Rules Chairman, to do the same. From this point forward, it is a race to the finish as everyone pushes for their legislation to have an opportunity to move.

LANDLORD TENANT SENT TO GOVERNOR

The Landlord Tenant bill, SB 291 by Senator Del Marsh, passed the House last week and is now on the Governor's desk for signature. The bill marks a win for landlords seeking to show abandonment by the tenant for eviction purposes and includes the HBAA language to extend the period of time that deposits must be returned. Extending the deposit return time from 35 days to 60 days provides landlords additional time to accurately determine the cost of damages caused by a tenant. In cases of college towns, the bill provides a much needed cushion of time, giving the landlord time to complete the processing of large volumes of deposit returns and damage assessment activities.

House Bill 137 by Representative Mac McCutcheon passed the House last week. An amendment was offered to remove the licensing provisions, but additional changes will be needed to make the bill palatable by the development community. Rep. McCutcheon has indicated that he does not think the bill will pass this session, but he sees it as a vehicle for 2015. The HBAA looks forward to working with Rep. McCutcheon to improve the bill to accomplish his goals while eliminating the negative aspects with regards to Alabama's development community.

Here is a look at the status of the HBAA Legislative Agenda and some of bills being actively supported:

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: The HBAA is working to get HB 46 assigned to an upcoming special order calendar in the Senate.

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: Enacted as Act No. 2014-88

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 is working to get HB 142 brought before the Senate at the earliest opportunity. 

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.

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: 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.

HB 523/SB 291 "Landlord Tenant"

Sponsor: Rep. Paul Beckman/ 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 is awaiting the Governor's signature. 

HB 458 "Ad Valorem/Tax Credit Housing"

Sponsor: Rep. 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 is awaiting consideration by the full House.