The Senate Finance and Taxation General Fund Committee favorably reported SB 283 by Sen. Bobby Singleton, D-Greensboro. SB 283 would strip funding from the Alabama Department of Environmental Management. At the committee meeting, Sen Singleton committed to work out any issues with ADEM prior to bringing it to the full Senate. The BCA supports adequate funding for ADEM.

HB 229 by Rep. Anthony Daniels, D-Huntsville, would create the Office of State Climatologist. Alabama's State Climatologist has long been a rational voice in the national debate regarding climate change. The House Education Policy Committee favorably reported the bill.
 

The Senate on Tuesday voting 31-0 passed SB 250 by Sen. Greg Reed, R-Jasper. The legislation, if it becomes law, would affirm that appeals regarding the Surface Mining Commission must be made in court in the county of the agency.

The Senate Banking and Insurance Committee voting 10-0 favorably reported SB 270 sponsored by Sen. Slade Blackwell, R-Birmingham, and it was placed on the Senate Calendar on Thursday. SB 270 would prohibit a private insurer from being able to establish costs of non-covered services in an employer's benefit program by a vision provider.

On Thursday morning, BCA President and CEO William J. Canary thanked members of the Senate Banking and Insurance Committee and House Financial Services Committee for favorably reporting SB 68 and HB 160, the lawsuit lending bills. 

"It was inspiring to see broad bi-partisan support for this legislation that at the end of the day is good for business and good for consumers," Canary said. "We now look forward to bringing this legislation to the full Legislature and creating a 'model' law for all 50 states." 

The Senate Banking and Insurance Committee favorably reported SB 68 sponsored by Sen. Cam Ward, R-Alabaster, and the House Financial Services Committee favorably reported HB 160 sponsored by Rep. Chris Pringle, R-Mobile. 

Consumer lawsuit lending is the unregulated practice of loaning money at exorbitant interest rates to plaintiffs who might receive large settlements or judgments. This practice targets a vulnerable population, introduces a third-party's interests into the attorney-client relationship, and slows down and increases the cost of litigation for both plaintiffs and defendants. 

Last week, Canary and former Georgia Attorney General Thurbert Baker testified at House and Senate public hearings in support of the legislation. Baker spoke on behalf of the U.S. Chamber of Commerce's Institute for Legal Reform. 

For more information on why this legislation is needed in Alabama, see this BCA fact sheet. 

The Senate Judiciary Committee on Wednesday amended and then favorably reported HB 110 sponsored by Rep. Jack "J.D." Williams, R-Vestavia Hills. The bill awaits a third reading in the Senate.

This bill and its Senate counterpart, SB 80 sponsored by Sen. Cam Ward, R-Alabaster, would 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. That theory holds that a manufacturer can be held liable for a product that it neither made nor sold.

Innovator liability has been important to Alabama manufacturers and economic development since 2013 and 2014 when Alabama Supreme Court rulings potentially opened up product tort actions against businesses that do not make a product.

The House previously voted 88-7 to pass HB 110 and the Senate previously voted 32-0 to pass SB 80.

See this BCA fact sheet for more information.  

On Wednesday, the Senate Judiciary Committee favorably reported a substitute version of SB 106 by Sen. Arthur Orr, R-Decatur. The bill was brought up at the call of the chair and was quickly passed by a unanimous vote.

When the bill was originally introduced in March, many members of the business community expressed concerns with certain provisions that would require businesses to notify the Attorney General and individual owners of personal information if a data breach occurs as well as impose certain fines, fees, and penalties on businesses.

Episode 8: Network Security for Small Businesses Billy Canary, president and CEO of the Business Council of Alabama, speaks with Ron Perkins, the Vice President of Doozer Software about the challenges small business face in securing their networks and some simple steps they can take to accomplish it.

HB 352 sponsored by Rep. Chris England, D-Tuscaloosa, relates to restrictive covenants in contracts between businesses and their employees, among others. This bill would replace the existing statute with a more definite list of protectable interests and reasonable restraints on length-of-time and geographic area.

The House on Thursday approved the thirdl bill in an economic incentive package that is supported by the Business Council of Alabama.

The House voting 94-5 agreed to Senate changes to HB 57 that was sponsored by Rep. Elaine Beech, D-Chatom. The bill, which goes to Governor Robert Bentley for consideration, would establish the Alabama Veterans and Rural Jobs Act and provide enhanced incentives under provisions of HB 58 to companies in rural counties that employ veterans. The bill also would create the Accelerate Rural Alabama Fund to be used to provide site-preparation money in rural areas.

HB 58, the Alabama Jobs Act sponsored by Rep. Alan Baker, R-Brewton, would allow qualifying companies to receive tax benefits for new jobs and new capital investment. It went to Bentley on April 2.

BCA President and CEO William J. Canary wrote in comments to the Alabama Department of Revenue that a proposed administrative regulation usurps the Legislature's taxing authority. Canary said a DOR proposal to extend a "rental tax" to streaming content is inconsistent with Alabama law.

Canary on Wednesday sent his comments that question the department's attempt to amend a current regulation and gain authority to use the existing Alabama Leasing and Rental Tax to tax streaming and on-demand content including movies and music.

"In our opinion, the proposed regulation far exceeds the authority of the department by imposing a new tax, thereby intruding into the exclusive province of the Legislature," Canary wrote Department Secretary Michael Gamble. "As you are aware, there is no provision in the Alabama Code that imposes a tax on streaming content."

In a legislative session that is increasingly focused on tax and fiscal issues, it would be more appropriate for the Legislature to address this issue than for the Alabama Department of Revenue to unilaterally increase taxes on Alabama taxpayers.

The BCA requests that the Department of Revenue withdraw the proposed amended regulation.

The Senate Fiscal Responsibility and Economic Development Committee on Wednesday favorably reported HB 54 that is sponsored by Rep. Bill Poole, R-Northport. His bill would allow LLCs formed under another state's law but operating in Alabama to govern their internal affairs by the laws of the state of formation. It also would clarify liability issues for wrongful distributions by LLC members. The House passed the bill 95-0.