2023 Alabama legislative session: Difference between revisions

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* [[Act of Alabama 2023-365]], the [[Alabama Credential Quality and Transparency Act]], [[Alabama Terminal on Linking and Analyzing Statistics on Career Pathways Act]] (ATLAS on Career Pathways) and [[Alabama College and Career Readiness Act]], co-sponsored in the House by 21 members, called for the creation of an anonymized public database of educational and training credentials from pre-Kindergarten to workforce development (P-20W), using standards promulgated by the U.S. Department of Education, for the purpose of using such data for policy planning. The bill was signed by Governor Ivey on [[June 1]]. ([https://arc-sos.state.al.us/ucp/L1274802.AI1.pdf link])
* [[Act of Alabama 2023-365]], the [[Alabama Credential Quality and Transparency Act]], [[Alabama Terminal on Linking and Analyzing Statistics on Career Pathways Act]] (ATLAS on Career Pathways) and [[Alabama College and Career Readiness Act]], co-sponsored in the House by 21 members, called for the creation of an anonymized public database of educational and training credentials from pre-Kindergarten to workforce development (P-20W), using standards promulgated by the U.S. Department of Education, for the purpose of using such data for policy planning. The bill was signed by Governor Ivey on [[June 1]]. ([https://arc-sos.state.al.us/ucp/L1274802.AI1.pdf link])
* [[Act of Alabama 2023-400]], sponsored in the House by Representative [[Patrice McClammy]] (D-[[Alabama House District 76|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]]. ([https://arc-sos.state.al.us/ucp/L1277201.AI1.pdf link])
* [[Act of Alabama 2023-400]], sponsored in the House by Representative [[Patrice McClammy]] (D-[[Alabama House District 76|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]]. ([https://arc-sos.state.al.us/ucp/L1277201.AI1.pdf link])
* [[Act of Alabama 2023-427]], sponsored in the Senate by [[Jabo Waggoner]] (R-[[Alabama Senate District 16|District 16]]) added a member to the [[Greater Birmingham Convention & Visitors Bureau]] to be designated by the Mayor of "the city in the county having the second largest population in the county" (i.e. [[Hoover]]). The bill was signed by Governor Ivey on [[June 12]]. ([https://arc-sos.state.al.us/ucp/L1282930.AI1.pdf link])
* [[Act of Alabama 2023-460]], sponsored in the House by Representative [[Danny Garrett]] (R-[[Alabama House District 44|District 44]]) allows "any Class 8 municipality with a corporate limit lying in two counties, which has a population equal to or greater than 25,000 according to the last decennial census and which was subject, on January 1, 2023 to a county personnel board" (i.e. [[Trussville]]) to "opt out" of that board's jurisdiction. The bill was signed by Governor Ivey on [[June 12]]. ([https://arc-sos.state.al.us/ucp/L1284057.AI1.pdf link])
* [[Act of Alabama 2023-460]], sponsored in the House by Representative [[Danny Garrett]] (R-[[Alabama House District 44|District 44]]) allows "any Class 8 municipality with a corporate limit lying in two counties, which has a population equal to or greater than 25,000 according to the last decennial census and which was subject, on January 1, 2023 to a county personnel board" (i.e. [[Trussville]]) to "opt out" of that board's jurisdiction. The bill was signed by Governor Ivey on [[June 12]]. ([https://arc-sos.state.al.us/ucp/L1284057.AI1.pdf link])


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* [[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-[[Alabama House District 44|District 44]]) with 3 co-sponsors. ([https://arc-sos.state.al.us/ucp/L1241857.AI1.pdf 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-[[Alabama House District 44|District 44]]) with 3 co-sponsors. ([https://arc-sos.state.al.us/ucp/L1241857.AI1.pdf 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. ([https://arc-sos.state.al.us/ucp/L1241855.AI1.pdf 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. ([https://arc-sos.state.al.us/ucp/L1241855.AI1.pdf link])
* [[Act of Alabama No. 2023-36]], sponsored by Rep. Cynthia Almond (R-[[Alabama House District 63|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. ([https://arc-sos.state.al.us/ucp/L1241849.AI1.pdf link])
* [[Act of Alabama No. 2023-36]], sponsored by Rep. Cynthia Almond (R-[[Alabama House District 63|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. ([https://arc-sos.state.al.us/ucp/L1241849.AI1.pdf link])


===Budgets===
===Budgets===

Revision as of 10:33, 14 June 2023

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

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:

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 Alabama Department of Senior Services; a $500,000 increase for the Alabama 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.

Governor Ivey signed the major budget bills on June 1.

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 2023-336, co-sponsored in the Senate by 9 members, loosened the definition of "contraband" with regard to detention facilities and removed an exemption from prosecution applying to juveniles. The bill was signed by Governor Ivey on May 24. (link)
  • Act of Alabama 2023-337, co-sponsored in the Senate by Merika Coleman (D-District 19) and Will Barfoot (R-District 25), narrowed the conditions under which judges could revoke driver's licenses from individuals charged with crimes who fail to appear or to pay fines or fees. The bill was signed by Governor Ivey on June 1. (link)
  • Act of Alabama 2023-361, sponsored in the House by Representative Debbie Wood (R-District 37), extends the definition of "peace officer" to include "any officer or employee of the federal government vested by law with a duty to maintain public order or to make arrests for crimes" in the context of existing state law against impersonation. The bill was signed by Governor Ivey on June 1. (link)
  • Act of Alabama 2023-367, co-sponsored in the House by Representative Wes Kitchens (R-District 27), stipulates that a person is not eligible for parole if they have been charged with another state or federal crime with a potential sentence of 12 months or longer. The bill was signed by Governor Ivey on June 1. (link)
  • Act of Alabama 2023-369, co-sponsored in the House by 15 members, created a crime of "doxing", defined as intentionally publishing, posting or providing personal identifying information of another individual or their family members, "with the intent that others will use that information to harass or harm that other individual," or impede the duties of a "law enforcement officer, firefighter, or public servant." The bill was signed by Governor Ivey on June 1. (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)

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.

House Bill 209, sponsored by Jamie Kiel (R-District 18) would have prohibited people from being paid to assist others to obtain or complete absentee ballots. Kiel worked with Secretary of State Wes Allen to draft the bill's language, which he said would prevent "ballot harvesting". It passed the House on a party line 76-28 vote, but was not taken up by the Senate.

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.

Special sessions

American Rescue Act funds

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)

Redistricting

On June 8, 2023 the U.S. Supreme Court ruled in Allen v. Milligan to affirm a January 2022 decision issued by a three-judge panel that Alabama's congressional district map, drawn in November 2021 with data from the 2020 U.S. Census, was likely not to comply with the 14th Amendment to the U.S. Constitution and Section 2 of the Voting Rights Act of 1965. The Supreme Court thereby lifted their earlier stay of the ruling and returned the matter to the panel to issue further orders.

References

External links

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