2023 Alabama legislative session

The 2023 Alabama legislative session began with an "organizational session" starting on Tuesday, January 10, 2023. The regular session began on Tuesday March 7, but was quickly recessed in order to accommodate a Special Session called by the Governor. Regular business resumed on Tuesday, March 21.

Thirty-one new representatives and 6 new state senators who won office in the 2022 general election were sworn in for the first time. The Alabama House of Representatives consisted of 77 Republican members (76 of them white) and 28 Democrats (26 of them Black), and was presided over by Speaker Nathaniel Ledbetter (R-District 24, Rainsville), who appointed chairs for all House legislative committees. The Alabama State Senate had a 27-8 Republican majority (all 27 Republicans being white and 7 of 8 Democrats being Black), and was chaired by Lieutenant Governor Will Ainsworth, with Greg Reed (R-District 5, Jasper) serving as senator pro tem.

Among the other major issues taken up during the 2022 session were allocation of $580 million in federal relief funds distributed under the American Rescue Plan Act, part of which had already been committed to prison construction ($400 million) and hospitals ($80 million) in a 2021 special session. The legislature was expected to raise salaries for teachers and state employees. House Republicans are pushing a "Standing Tall for Alabama" agenda, the highlights of which include outlawing "critical race theory" in public schools, raising assault charges against first responders to automatic felonies, and eliminating the requirement to have a permit to carry a concealed firearm (a measure largely opposed by Sheriffs).

The session on April 4 was addressed by Angel Tîlvăr, Minister of National Defense minister of România. Tîlvăr urged Alabama businesses to invest in his country and commended the United States' commitment to national defense.

Notable Acts

• Act of Alabama No. 2023-23, allowed the City of Vestavia Hills to increase its property tax rate by 9.8 mills for public school purposes, subject to a municipal referendum. It was introduced as "Senate Bill 63" by Jabo Waggoner (R-District 16) and was signed into law on April 14. The May 9 referendum failed. (link)
• Act of Alabama No. 2023-31, allowed members of the Shelby County Commission to participate in the Retirement Systems of Alabama's Employees' Retirement System, subject to a ballot referendum. It was introduced as "House Bill 119" by 7 representatives, but has not been signed by the govenor. (link)
• Act of Alabama No. 2023-23, signed by Ivey on April 22, gave the city of Calera the authority to create up to two Entertainment Districts. (link)
• Act of Alabama No. 2023-74, enjoined local governments from adopting any code provision "requiring the installation of any latent feature in any residential structure." It was introduced as "Senate Bill 40" by Chris Elliott (R-District 32) and signed by Governor Ivey on May 1. (link)
• Act of Alabama No. 2023-92, the "Alabama Minor Adoption Code", replaced the state's existing adoption laws with a new code drafted by the Alabama Law Institute over several years and with the input of adoption experts. It was introduced as "House Bill 101" by Ginny Shaver (R-District 39) with 36 co-sponsors, and passed unanimously by both houses. It was signed by Governor Ivey on May 1. (link)
• Act of Alabama No. 2023-130, sponsored by Senator Steve Livingston (R-District 8]] prevented municipalities from setting speed limits on county-maintained roads. It was signed by Governor Ivey on May 9. (link)
• Act of Alabama No. 2023-131, prohibited the use of electronic vote-counting systems that are capable of connecting to the internet. It was introduced as "Senate Bill 10" by Clyde Chambliss (R-District 30) and signed by Governor Ivey on May 9. (link)
• Act of Alabama No. 2023-134, the "Colby Act", sponsored in the Senate by Arthur Orr (R-District 3) and co-sponsored by 20 other members, provides for "supported decision-making agreements" as an alternative to a guardianship or conservatorship for people with disabilities. The legislation is named in honor of Colby Spangler, whose mother Kim Spangler lobbied for legal recognition of such agreements. It was signed by Governor Ivey on May 9. (link)
• Act of Alabama No. 2023-135, co-sponsored in the Senate by 8 members, raised the threshold amount for local governments to seek competitive bids from $15,000 to $30,000, with the amount to be reviewed and adjusted periodically by the Alabama Legislative Council. The bill was enacted without the Governor's signature on May 10. (link)
• Act of Alabama No. 2023-179, introduced in the House by 9 co-sponsors, requires public school students to complete a personal financial literacy and money management course as part of the mathematics curriculum, and to pass a financial literacy examination, in order to obtain a high school diploma. The bill was signed by Governor Ivey on May 15. (link)
• Act of Alabama No. 2023-198, the "Genesis Act", sponsored in the House by Representative Juandalynn Givan (D-District 60), requires the Alabama Department of Public Health to issue of a "Certificate of Nonviable Birth" if requested for fetal deaths at any stage of gestation. The issue was raised by Keondra Hampton, who lost a child, whom she named "Genesis" after giving birth in the 17th week of gestation, and was unable to obtain a birth certificate. The bill was signed by Governor Ivey on May 16. (link)
• Act of Alabama No. 2023-235, the "Tyrell Spencer Act", sponsored in the House by Representative Jeremy Gray (D-District 83), requires the Alabama Department of Education to develop and implement training and educational programs for coaches and parents of student athletes relating to sudden cardiac arrest through the Alabama High School Athletic Association and Alabama Independent School Association. The bill was named in memory of Columbia High School student Tyrell Spencer who died while playing basketball in 2010. His death was initially attributed to asthma, but an examination of his remains 12 years later revealed cardiac arrhythmia as the cause. The bill was signed by Governor Ivey on May 23. (link)
• Act of Alabama 2023-246, sponsored in the House by Representative Allen Baker (R-District 66) created new legal requirements for regular inspection, safe operation, liability coverage, and public use of amusement rides and water slides. The bill was signed by Governor Ivey on May 24. (link)
• Act of Alabama 2023-293, co-sponsored in the House by 40 members, expanded existing requirements that public K-12 schools bar biological males from participation in female sports, and vice-versa, to also apply to public two- and four-year colleges. The bill was signed by Governor Ivey on May 30. (link)
• Act of Alabama 2023-303, sponsored in the House by Representative Rolanda Hollis (D-District 58) changed the name of the Red Mountain Greenway and Recreational Area Commission to the Jefferson County Greenways Commission. The bill was signed by Governor Ivey on May 30. (link)
• Act of Alabama 2023-320, sponsored in the Senate by Senator Clyde Chambliss Jr (R-District 30) prohibited the use of electronic voting machines unless they provide a marked paper ballot for the voter's inspection prior to counting. The bill was signed by Governor Ivey on May 30. (link)
• Act of Alabama 2023-332, the "Alabama Property Protection Act", co-sponsored in the House by 30 members, barred "foreign principals" from China, Iran, North Korea, or Russia from acquiring agricultural or forest property, or any real property within 10 miles of a military base or critical infrastructure facility. The bill was signed by Governor Ivey on May 31. (link)
• Act of Alabama 2023-383, co-sponsored in the House by 18 members, established the Oversight Commission on Alabama Opioid Settlement Funds. The bill was signed by Governor Ivey on June 1. (link)
• Act of Alabama 2023-400, sponsored in the House by Representative Patrice McClammy (D-District 76) established a "Joint Study Commission on Grocery Taxation" to study the impact of reducing or eliminating the state sales and use tax on food items and issue a report before November 1, 2026. The bill was enacted without the Governor's signature on June 2. (link)

Business incentives

A package of bills collectively termed "The Game Plan" by Governor Ivey's office would expand the state's investment in economic development projects by extending and increasing funding for tax incentive programs and other recruitment tools offered to private companies who operate in Alabama. Ivey signs all four bills into law on April 20, 2023.

Individual house bills included in "The Game Plan" include:

• Act of Alabama No. 2023-33, the "Innovating Alabama Act", created the Innovating Alabama tax incentive program, a $25 million per year fund to encourage donations to economic development organization investing in technology companies. The act also exempted all working groups, task forces, and subcommittees of the Alabama Innovation Corporation from the Alabama Open Meetings Act. The bill was introduced as "House Bill 247" by Anthony Daniels (D-District 53) with 16 co-sponsors. (link)
• Act of Alabama No. 2023-34, the "Enhancing Economic Progress Act" (HB-241) renewed and expanded the 2015 Alabama Jobs Act and the 2021 Growing Alabama Act. Both acts were scheduled to expire in July 2023. The renewals also enlarged the cap on tax rebates tied to full-time payrolls under the Alabama Jobs Act from $350 million to $475 million by 2027, and the cap on incentives to donate to economic development agencies for site development under the Growing Alabama Act from $20 million to $35 million. The bill was introduced as "House Bill 241" by Danny Garett (R-District 44) with 3 co-sponsors. (link)
• Act of Alabama No. 2023-35 The "Site Evaluation Economic Development Strategy" or "SEEDS Act" empowered the Alabama Industrial Development Authority to award grants to assess or prepare industrial sites for recruiting businesses. The bill was introduced as "Senate Bill 165" with 26 co-sponsors. (link)
• Act of Alabama No. 2023-36, sponsored by Rep. Cynthia Almond (R-District 63) requires the Alabama Department of Commerce, Alabama Department of Finance and Alabama Department of Revenue to post on their websites "the aggregate amount of incentives committed by tax source on executed project agreements." The act also gave the Joint Legislative Advisory Committee on Economic Incentives the authority to commission "executive reports" from independent third parties, and specified that such reports would not be considered public records. The bill was introduced as "Senate Bill 151" with 22 co-sponsors. (link)

Redistricting

In January 2022 a panel of three federal judges heard arguments that the plan which was passed violated the Voting Rights Act, and ruled that the legislature would need to adopt a plan which achieved fairer representation within two weeks, or accept a plan drawn by a court-appointed expert. Attorney General Steve Marshall announced that he would appeal the ruling. On February 7 the U.S. Supreme Court granted a stay of the lower court's order pending its review of the appeal, thus allowing the 2022 election to be conducted using the districts ruled to be unlawful by the lower court.

Budgets

The House unanimously passed a $3,023,998,315 general fund budget for Fiscal Year 2024. The budget included a 2% cost-of-living raise for state employees (budgeted at $14.5 million), and bumps of around 6% to 13% for many state agencies (budgeted at $50 million).

New individual appropriations included $3,795,000 for increasing payments to jurors; $675,000 for a feral swine program; $5,000,000 for electric vehicle infrastructure planning grants; $300,000 for structure repairs in Faunsdale, Marengo County; $20,459,059 as a state match for federal funds for drinking water infrastructure projects; $31,468,090 increase for ALL Kids Insurance for Children; a $686,669 increase in funding for maintenance and repairs to the state capitol and Governor's mansion; $2,500,000 for the Freedom Farm group home for foster children in Coker; $500,000 for 988 call center upgrades; a $3,000,000 increase for rural crisis care programs; a $7,500,000 increase to funds available for community providers; $2,000,000 for the Armory Commission of Alabama; a $6,769,419 increase for the Department of Senior Services; a $500,000 increase for the Department of Youth Services; a $317,025 increase for distribution of public documents; an $894,000 increase for emergency active duty military wages; and a $5,600,000 allocation to the State Employees Insurance Board.

• Act of Alabama 2023-377, sponsored in the Senate by Arthur Orr (R-District 3), enacted a one-time income tax credit of $150 per person "to partially offset the amount of sales tax paid on groceries". The bill was signed by Governor Ivey on June 1. (link)
• Act of Alabama 2023-378, sponsored in the Senate by Arthur Orr (R-District 3), stipulated supplemental allocations from the state's education trust fund budget and from other special funds for the fiscal year ending September 30, 2023. The bill was signed by Governor Ivey on June 1. (link)
• Act of Alabama 2023-379, sponsored in the Senate by Arthur Orr (R-District 3), stipulated allocations from the state's education trust fund budget and from other special funds for the fiscal year ending September 30, 2024. The bill was signed by Governor Ivey on June 1. (link)
• Act of Alabama 2023-380, sponsored in the House by Representative Napoleon Bracy Jr (District 98), provided a 2% cost-of-living increase to the salaries of state workers. The bill was signed by Governor Ivey on June 1. (link)
• Act of Alabama 2023-382, sponsored in the House by Representative Rex Reynolds (District 31), stipulated allocations from the state's general fund budget for the fiscal year ending September 30, 2024. The bill was signed by Governor Ivey on June 1. (link)
• Act of Alabama 2023-389 (SB-269), sponsored in the Senate Arthur Orr (District 3), created a K-12 Capital Grant Program to be funded by appropriation from the state legislature and administered by the Office of the Lieutenant Governor of Alabama, with schools able to apply for up to $5 million per grant. The bill was signed by Governor Ivey on June 1. (link)
• Act of Alabama 2023-390 (SB-101), sponsored in the Senate by 10 members, established an "Educational Opportunities Reserve Fund" and eliminated the existing Education Trust Fund Budget Stabilization Fund, while limiting base appropriations to the Education Trust Fund. The bill was signed by Governor Ivey on June 1. (link)

Criminal code

• Act of Alabama No. 2023-4, increased the mandatory minimum prison sentences for criminal convictions involving fentanyl. It was introduced as "House Bill 1" by Matt Simpson (R-District 96) and passed unanimously in both houses. It was signed into law on April 6. (link)
• Act of Alabama No. 2023-22, the "Deputy Brad Johnson Act", restricted the accrual of "correctional incentive time" by which certain state prisoners could qualify for reduced sentences by demonstrating good behavior. It was introduced as "Senate Bill 1" by April Weaver (R-District 14) and was signed into law on April 14. (link)
• Act of Alabama No. 2023-93, made it a crime to smoke or vape in an enclosed motor vehicle when a minor under 14 years old is a passenger. It was introduced as "House Bill 3" by Rolanda Hollis (D-District 58) and signed by Governor Ivey on May 2. (link)
• Act of Alabama No. 2023-128, sponsored by Senator Rodger Smitherman (D-District 18 made it a crime punishable by fine and civil damages to collect, disclose, or release "certain personal information about members of, volunteers for, and financial and nonfinancial donors to nonprofit organizations," except as otherwise required by law. It was signed by Governor Ivey on May 9. (link)
• Act of Alabama 2023-245, sponsored in the House by Representative Reed Ingram (R-District 75) modified the state law against loitering to include occupation of a public road or right-of-way maintained by the state, and to clarify that police may direct beggars to leave the area or transport them to a facility offering services to the homeless rather than arresting them on a 1st offense. The bill was signed by Governor Ivey on May 24. (link)
• Act of Alabama 2023-370, sponsored in the House by Representative Tracy Estes (R-District 70) made it a felony to discharge a firearm on school property unless a minor, a person acting in self-defense, or a participant in a sanctioned activity which involves the use of firearms. The bill was signed by Governor Ivey on June 1. (link)
• Act of Alabama 2023-387, sponsored in the House by Representatives Chris Pringle (R-District 101), Kerry Underwood (R-District 3) and Matt Simpson (R-District 96) extends the definition of manslaughter to include the sale or provision of controlled substances that cause a death, with an exemption for licensed health care practitioners. The bill was signed by Governor Ivey on June 1. (link)
• Act of Alabama 2023-396, sponsored in the House by Representatives Prince Chestnut (D-District 67), Kelvin Lawrence (D-District 69) and Minority Leader Anthony Daniels (D-District 53) made it a crime for any individual to require another individual to be implanted with a microchip. The bill was enacted without the Governor's signature on June 2. (link)

Special sessions

With the legislature having recessed that morning for two weeks, Governor Ivey called a Special Session to begin at 1:00 PM on March 8 to authorize the distribution of a second tranche of federal funds allocated to the state under the 2021 American Rescue Plan Act, and intended to offset unplanned public costs associated with the COVID-19 pandemic. The amount of the second allocation was $1.06 billion. Funds from the first allocation were already assigned to prison construction, expansion of broadband internet, and various water and sewer projects.

• Act of Alabama No. 2023-1, appropriated $1,060,181,797.72 in federal funds from the American Rescue Plan Act for the fiscal year ending September 30, 2023. Specific appropriations included $400 million for water and sewer projects, $339 million for healthcare (including $100 million for hospitals), $260 million for broadband internet access, and $55 million for a community grant program. The Governor's proposals went largely unchanged in the special session, and the measure was signed into law on March 16. (link)

Other proposed legislation

Senator Andrew Jones (R-District 10) introduced a "Family Income Protection Act" which would prohibit municipalities from collecting occupational taxes. Senator Linda Madison-Coleman (D-D20) introduced an amendment which would exclude Class I municipalities, a category which consists solely of the City of Birmingham, from the bill.

Senator Larry Stutts (R-District 6) introduced a "Parental Rights in Children's Education (PRICE) Act" which would allow for the establishment of "education savings accounts" with up to $6,900 in public funds per child to offset the cost of private school or home-schooling for parents who withdraw their children from public schools. (report). A similar bill, called the "Students with Unique Needs (SUN) Act, was filed in the House of Representatives by Danny Garrett (R-District 44). It would offer $5,600 education savings accounts to up to 300 students, focusing on unhoused or foster children, or children of active duty military personnel or those killed in action.

Representative Arnold Mooney (R-District 43) introduced HB-401, which would expand current obscenity laws to allow "any premises" to be declared public nuisance if it permits the distribution, communication or performance of anything "harmful to minors", including "sexual content" which would specifically include, "male or female impersonators, commonly known as drag queens or drag kings," ... "in K-12 public schools, public libraries, and in other public places where minors are present."

Representative Susan DuBose (R-District 45) introduced a "What is a Woman Act" (HB 405), to legally define the terms "man", "woman", "boy", "girl", "father", "mother", "male", "female", and "sex" to specifically disallow recognition of transsexual or transgender persons.

References

• Cason, Mike (December 14, 2022) "Incoming Alabama House Speaker Nathaniel Ledbetter names 8 committee chairs." AL.com
• Cason, Mike (January 8, 2023) "Alabama Legislature begins another 4-year term with 37 new lawmakers." AL.com
• Cason, Mike (January 10, 2023) "Alabama House elects Nathaniel Ledbetter as speaker; Greg Reed re-elected Senate pro tem." AL.com
• Cason, Mike (January 29, 2023) "Outlook murky for Alabama lottery, casino bill this year." AL.com
• Cason, Mike (February 18, 2023) "Bills to allow votes on Alabama lottery, casinos, might be on hold for another year." AL.com
• Cason, Mike (March 8, 2023) "Gov. Kay Ivey calls special session for Alabama to allocate $1.1 billion in federal funds." AL.com
• Cason, Mike (March 16, 2023) "Plan for Alabama to spend $1 billion in ARPA funds wins final passage." AL.com
• Cason, Mike (April 6, 2023) "Alabama lawmakers pass bill to require mandatory prison time for fentanyl." AL.com
• Cason, Mike (April 12, 2023) "Tax incentives to recruit industry advance in Alabama Legislature." AL.com
• Mosely, Brandon (April 14, 2023) "Adoption bill passes Senate with vaccination amendment attached" Alabama Today
• Cason, Mike (April 25, 2023) "Alabama House unanimously passes record $3 billion General Fund budget." AL.com
• Crain, Trisha Powell (April 27, 2023) "Alabama school choice debate offers packages that could give $5,000, $6,900 to parents" AL.com
• Crain, Trisha Powell (April 28, 2023) "Alabama lawmakers want increased school choice, tax credit scholarship options under Accountability Act" AL.com
• Rocha, Alander (May 1, 2023) "Bills targeting LGBTQ communities introduced in Alabama House." Alabama Reflector
• Cason, Mike (May 1, 2023) "Tax rebate, tax cuts pending in 2nd half of Alabama legislative session" AL.com
• Swetlik, Sarah (May 8, 2023) "A guide to gun bills in Alabama’s 2023 legislature: What’s passed, stalled" AL.com

External links

• Legislative Acts by Year at sos.alabama.gov
• Alabama Legislature | 2023 | Regular Session at legiscan.com