NEXT TUESDAY MORNING BRIEFING


March 17, 2015 - 8:30 a.m. - The Business Center of Alabama
2 North Jackson St. Montgomery, AL 36104



Sen. Arthur Orr
Chairman of the Senate Finance and Taxation General Fund Committee

Rep. Steve Clouse
Chairman of the House Ways and Means General Fund Committee

LEGISLATIVE SESSION GETS ON FAST TRACK

School Choice, Innovator Liability and Economic
Development Bills Advance

 

The House and Senate worked at a fast pace this week, the second of the 2015 regular legislative session, by advancing bills that are important to the Alabama business community, such as charter school legislation, innovator liability reform, and economic development, in both the House and Senate.

The Senate passed SB 45, the Alabama School Choice and Opportunity Act, sponsored by Senate President Pro Tem Del Marsh, R-Anniston. A House committee substituted the Senate bill for its own charter school bill and gave it a favorable report on Thursday.

Both the House and Senate Judiciary committees passed important BCA-backed legal reform legislation known as innovator liability reform to protect Alabama manufacturers from being held liable for products they didn't make or sell.

The House passed a package of BCA-supported economic development bills and sent them to the Senate where they were assigned to the Fiscal Responsibility and Economic Development Committee.

A data breach bill affecting businesses was discussed in the Senate Judiciary Committee and more of Governor Robert Bentley's tax increase proposals were introduced.

Marsh was the guest speaker at this week's Tuesday Morning Briefing. He said the Legislature that was elected in 2014 has business's backs. Marsh said he believes that the 2014-18 Senate class will be even more productive and responsive to voters than the class of 2010. The 2010 class was the first Republican-majority Senate and House since Reconstruction.

The House and Senate are scheduled to reconvene on Tuesday for a three-day workweek before taking a spring break the week of March 23.

 

EDUCATION/WORKFORCE PREPAREDNESS

Charter School Bill Clears Senate and House Committee

 

Senate President Pro Tem Del Marsh spoke to the BCA's Governmental Affairs Committee on Tuesday and outlined the importance of charter schools.

"This is very important for business and, obviously, very important for the children of Alabama," Marsh said. "The (poll) numbers show that the people of this state want (education) choice."

The Senate later that day passed his charter school bill, SB 45, by a vote of 22-12, and sent it to the House where it was assigned to the House Education Policy Committee.

The committee conducted a public hearing on its charter school version, HB 192 sponsored by Rep. Terri Collins, R-Decatur. "My intent is to give a local system the ability to use flexibility and innovation to help students in a way they haven't been before," Collins said.

The committee met Thursday afternoon, substituted Marsh's SB 45 for the House bill, and gave it a favorable report. The bill could see final passage next week.

Proponents at the hearing were led by the Alabama Coalition for Public Charter Schools, the Black Alliance for Educational Options, Students First, and a host of parents, teachers and community leaders.

Business Education Alliance of Alabama Chairman and President Joe Morton, Ph.D, testified in favor of charter schools at the House public hearing. He said Alabama can benefit from the experience of charter school laws in 42 other states and avoid any mistakes.

"Hopefully we're going to be the 43rd state," Morton said.

 



The BCA has a resource page hosted on our website for the Alabama School Choice and Student Opportunity Act. Learn more about the issue and ways you can help make the bill a reality.

 

ENVIRONMENT AND ENERGY

Birmingham Water Works Board Bill Would Add Members

 

The Senate Fiscal Responsibility and Economic Development Committee on a voice vote Wednesday favorably reported a bill that would change the membership and operating rules of the Birmingham Water Works Board.

SB 89 sponsored by Sen. Jabo Waggoner, R-Vestavia Hills, would expand the current five-member board to seven members. The bill also would cap board member pay at $500 a month, limit service to two terms, require that board members are covered by the State Ethics Law, and specify that the board would be subject to the Alabama Open Meetings Act.

Other Bills of Interest

 

SB 122 by Sen. Bill Hightower, R-Mobile, would create the Navigable Waters Dredging Fund and create a program regarding dredging that would be administered by ADEM. This bill has received its first reading.

JUDICIAL AND LEGAL REFORM

Innovator Liability Reform Bills Advance in House, Senate

 

The House and Senate Judiciary Committees both passed innovator liability reform legislation that will restore Alabama's long-standing product-liability law and put us in line with the majority of states that have rejected the innovator-liability theory, which holds that a manufacturer can be held liable for a product that it neither made nor sold. This bill is important for Alabama manufacturers and economic development.

The Senate Judiciary Committee this week voting 6-0 favorably reported a substitute version of SB 80 sponsored by Sen. Cam Ward, R-Alabaster. The House version, HB 110, sponsored by Rep. Jack "J.D." Williams, R-Vestavia Hills, was favorably reported by the House Judiciary Committee and received a second reading on Thursday. The House committee adopted language similar to that of the Senate to clarify and strengthen the bill via an amendment by freshman Rep. David Faulkner, R-Birmingham. Both the House and Senate are in a position to consider this bill next week.

See this BCA fact sheet for more information. The BCA supports these bills.

Data Breach Bill Debated in Committee

 

The Information Protection Act of 2015, SB 106 sponsored by Sen. Arthur Orr, R-Decatur, was discussed in the Senate Judiciary Committee on Wednesday. The committee adopted a substitute and carried the bill over to give members time to study its provisions.

The bill would require specified entities, mainly businesses but also government entities and third-party agents, to notify the Attorney General and the individual owners of personal information if a data breach occurs.

When the bill was introduced, concerns over certain provisions were raised by BCA and members of the business community. Cyber-security and the protection of customer data is very important to both the private and public sector. It is just as important to avoid imposing overly burdensome regulations on business owners, especially small businesses, which are already struggling to comply with costly federal, state, and local regulations. The bill includes business penalties for violation.

 

BCA is opposed to the current version of this legislation.

SB 106 is expected to be considered again in the Senate Judiciary Committee next week. BCA will continue to work with members of the business community and the legislature on this bill.

 



William J. Canary, president and CEO of the Business Council of Alabama, speaks with Ron Perkins, the Vice President of Doozer Software about the challenges small businesses face in securing their networks and some simple steps they can take to accomplish it.

Other Bills of Interest

 

SB 55 by Sen. Trip Pittman, R-Daphne, would prohibit changes to rules promulgated by state agencies for a period of 10 years.

SB 134 by Sen. Quinton Ross, D-Montgomery, would prohibit an employer from inquiring into or considering a job applicant's conviction history for consideration of a job until after the applicant has received a conditional job offer, except when a conviction is directly related to the position of employment sought.

LABOR AND EMPLOYMENT

Bills of Interest

 

SB 14 by Sen.Gerald Allen, R-Tuscaloosa, would loosen restrictions on carrying firearms in public places and no longer require a permit for carrying a pistol in a vehicle.

 

HB 42 by Rep. Darrio Melton, D-Selma,  would propose a constitutional amendment to increase the state minimum wage to $9.80 per hour in three steps ending January 1, 2018 and a mechanism for further increases thereafter.

TAX AND FISCAL POLICY

Three BCA-Supported Job Incentive Bills Sent to Senate

 

Bills that would change Alabama incentives for business prospects, hiring veterans, and developing projects in rural areas passed the House and were sent to the Senate Fiscal Responsibility and Economic Development Committee.

The 105-member House passed all three bills with more than 100 votes each. The Alabama Department of Commerce-endorsed bills would provide incentives on a "pay-as-you-go" basis. Proponents say the incentives will prove to be more valuable for industrial recruitment than the current capital credit.

On a vote of 102-1, the House passed an amended HB 57, the Alabama Veterans and Rural Jobs Act sponsored by Rep. Elaine Beech, D-Chatom. The amendment raises the population eligibility for a rural county from 50,000 to 70,000.

The House voting 101-0 passed HB 58, the Alabama Jobs Act sponsored by Rep. Alan Baker, R-Brewton.

HB 59, the Alabama Reinvestment and Abatements Act, by Rep. Paul Lee, R-Dothan, passed the House by a vote of 103-0 and has been assigned to the Senate committee on Fiscal Responsibility and Economic Development.

 

For further information on these bills, see last week's Capital Briefing.

The BCA supports these bills.

 

More of Governor Bentley's Tax Increase Bills Introduced

 

Last week, HB 142 by Rep. Mike Hill, R-Columbiana, was filed. It would establish mandatory unitary combined reporting for Alabama corporations. Several additional tax increase proposals received their first readings this week:

HB 139 by Rep. Steve McMillan, R-Gulf Shores, would increase the tax on cigarettes and other tobacco products and adjust the discount allowed on tobacco stamp purchases;

HB 201 by Rep. Lynn Greer, R-Rogersville, would eliminate the credit for sales and use taxes for financial institutions (primarily banks) that are subject to the excise tax.

HB 267 by Rep. Steve Clouse, R-Ozark, would increase the motor vehicle rental tax from 1.5 percent to 4 percent;

HB 268 by Rep. Clouse would increase the sales and use tax on motor vehicles from 2 percent to 3 percent.

HB 276 by Rep. Chris England, D-Tuscaloosa, would require any public, private or municipal utility corporation to pay a state license tax equal to 2.2 percent on each $1 of gross receipts. 

 

HB 277 by Rep. John Knight, D-Montgomery, would repeal tax credits for facilities and real property that are applied to the insurance premiums tax.

BCA remains opposed to industry-specific taxes which is reflected in the Tax and Fiscal Policy section of the BCA 2015 State Legislative Agenda.

In keeping with BCA policy, "should any tax or tax reform initiatives be proposed, the BCA will not consider supporting such legislation unless it is applied fairly without levying a disproportionate burden on any individual segment of Alabama's economy."

"Any tax reform proposal must be tied to governmental accountability and the elimination of wasteful spending. It is further the policy of the BCA that taxes and regulatory fees be properly aligned such that they are commensurate with the actual costs of performing the necessary day-to-day functions of the affected state agencies."

 

BCA's policy team will be providing accurate analysis on these tax increase measures.

YOUR BCA ADVOCACY TEAM

Dana Beyerle
Director of Communications
334.240.8768
William J. Canary
President and Chief Executive Officer
Mark Colson
Senior Vice President of Government Affairs and
Chief of Staff
334.240.8724
Anna Dobbins
Meetings/Events and Communications Coordinator
334.240.8775
Leah Garner
Director of Government Affairs and Advocacy
334.240.8726
Drew Harrell
Deputy Chief of Staff and Director of Strategic Operations
334.240.8727
Nancy Wall Hewston
Vice President of Communications, Strategic Information and Federal Affairs
334.240.8725
Nathan Lindsay
Vice President for Political Affairs, Regional Operations and Executive Director of ProgressPAC
334.240.8766
Trevor Parrish
Legislative Policy Coordinator
334.240.8773
Joshua Vaughn
Director of Visual Communications and Strategic Information
334.240.8740
Victor Vernon
Vice President for Public Policy
Pam Ware
Manager, Government Affairs and Advocacy
334.240.8719


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