2021 Alabama legislative session

The 2021 Alabama legislative session began on February 2, 2021 and adjourned on May 18.

The make-up of the legislature was unchanged from the 2020 Alabama legislative session, having been set by the 2018 general election. The Alabama House of Representatives consisted of 76 Republican members (all white) and 27 Democrats (26 of them Black), with two vacant seats, and was presided over by Speaker Mac McCutcheon (R-District 25, Madison County). The Alabama State Senate had a 27-7 Republican majority (all 26 Republicans being white and 6 of 7 Democrats being Black), with one vacant seat, and was chaired by Lieutenant Governor Will Ainsworth.

Among the major issues taken up during the 2021 session were the legalization of medical cannabis, casino gambling, and at-home wine delivery. The legislature also modified the state's voting districts based on data from the 2020 U.S. Census.

Notable Acts

• Act of Alabama No. 2021-4, established certain civil immunities against claims of damages against businesses, institutions and healthcare providers and their officers related to the 2020 Coronavirus pandemic. (link)
• Act of Alabama No. 2021-160, amended the Emergency Management Act of 1955 to exempt businesses, the Alabama State House, and churches and other religious institutions from closure by executive order during a state of emergency caused by a pandemic or bioterrorism. The bill was sponsored by Representative Jamie Kiel (R-Russellville). (link)
• Act of Alabama No. 2021-188, sponsored in the Senate by Jabo Waggoner (R-Vestavia Hills) authorized the Alcoholic Beverage Control Board to permit home delivery of wine and beer to adults for personal use. The bill was signed by Governor Ivey on April 13. (link)
• Act of Alabama No. 2021-214, signed on April 15 gave the city of Mountain Brook the authority to designate Crestline Village, English Village and Mountain Brook village as Entertainment Districts. (link)
• Act of Alabama No. 2021-220 passed on April 14 and signed on April 16, designated the sweet potato as the Alabama state vegetable. (link)
• Act of Alabama No. 2021-227, signed on April 20, made allowance for college athletes to be compensated for the use of their name, image or likeness pursuant to anticipated NCAA rule changes. Colleges would have to develop guidelines and conduct programs on financial literacy. Enforcement would be carried out by the Alabama Athlete Agents Commission. (link)
• Act of Alabama No. 2021-246, the Alabama Uniform Concealed Carry Permit Act, created a new category for a lifetime firearm permit and also required the Alabama Law Enforcement Agency to create a database of persons whose right to possess a firearm has been revoked due to a criminal convictions or court order. The bill was sponsored by Randy Price (R-Opelika) in the Senate, where it passed by a 25-6 vote, and by Proncey Robertson (R-Mount Hope) in the House of Representatives, where it passed by a 69-18 vote on April 8. (link)
• Act of Alabama No. 2021-267, "Aniah's Law" allows judges the power to deny release on bail to defendants charged with first-degree felonies other than capital murder.
• Act of Alabama No. 2021-285, forbids public K-12 schools from participating in athletic events in the state that allow transgendered athletes to participate.
• Act of Alabama No. 2021-286, the REDEEMER Act (for "Record Expungement Designed to Enhance Employment and Eliminate Recidivism"), establishes a process to expunge the criminal records of certain persons previously convicted of low-level drug offenses.
• Act of Alabama No. 2021-408, provided for the creation and dissolution of joint road improvement authorities between counties and municipalities. (link)
• Act of Alabama No. 2021-411, recognized the Dauphin Island Sea Lab's Alabama Aquarium as the official aquarium of Alabama. (link)
• Act of Alabama No. 2021-419, sponsored by Representative Terri Collins (R-Decatur), further amended the ABC Board's oversight of home wine delivery. (link)
• Act of Alabama No. 2021-421, enacted that Alabama would observe daylight savings time year-round if federal law were changed to allow it. (link)
• Act of Alabama No. 2021-440, made it legal for wineries in the state to sell directly to retailers and consumers. (link)
• Act of Alabama No. 2021-448, made more explicit a prohibition against voting in Alabama and in another state in the same election. (link)
• Act of Alabama No. 2021-450, The Darren Wesley "Ato" Hall Compassion Act, established an intrastate system for the cultivation, processing and distribution of certain forms of cannabis for the treatment of certain medical conditions. The Alabama Medical Cannibis Commission would oversee licensing of producers, dispensaries and users. The bill was sponsored by Mike Ball (R-Madison) in the House of Representatives and Tim Melson (R-Florence) in the Senate, and was signed by Governor Ivey on May 17. It was named in honor of the son of Representative Laura Hall (D-Huntsville). (link)
• Act of Alabama No. 2021-451, exempted private vehicles operated by state, local, or federal law enforcement officers from legal restrictions on automobile window tint.
• Act of Alabama No. 2021-453, raised the legal age to purchase tobacco or nicotine products to 21. (link)
• Act of Alabama No. 2021-474, allowed restaurants to permit pet dogs in outdoor dining areas. (link)
• Act of Alabama No. 2021-475, allowed public schools to offer yoga instruction, with parents' permission. (link)
• Act of Alabama No. 2021-493, prohibits government entities and private businesses from making vaccination a condition for providing access to facilities or services. Sponsored in the Senate by Arthur Orr (R-Decatur). (link)
• Act of Alabama No. 2021-502, "Gianna's Law" (for activist Gianna Jessen), makes it a class A felony for any physician to fail to, "exercise reasonable care to preserve the life of a child who is born alive after an abortion or attempted abortion." (link)
• Act of Alabama No. 2021-534, modifies the procedure used to identify inactive voters by use of national databases. Sponsored in the House by Rep. Rod Scott (D-Fairfield). (link)
• Act of Alabama No. 2021-535, requires elections officials to install voting machines on the interior of buildings designated as polling places and prohibits curbside voting. Sponsored in the House by Rep. Wes Allen (R-Pike County). (link)

Other proposed legislation

• The legislature debated revisions to the 2017 Alabama Memorial Preservation Act. A failed bill sponsored by Representative Juandalynn Given (D-Birmingham) would have opened a path to turn over monuments to the Alabama Historical Commission. A different bill, HB242 sponsored by Representative Mike Holmes (R-Wetumpka) would have increased fines, punished individual officials who voted to remove monuments, and outlawed the "reinterpretation" of existing monuments. Holmes' bill was referred to the House Committee on State Government and did not advance.
• A proposed Alabama Second Amendment Preservation Act, SB358 sponsored by Senator Gerald Allen (R-Tuscaloosa) provided that, "...no appointed or elected official, officer, employee, or agent of the state, or any political subdivision of the state, when acting in an official capacity, shall implement, administer, or enforce an executive order or directive issued by the President of the United States, or any act of the United States Congress, that becomes effective after January 1, 2021, that regulates the ownership, use, or possession of firearms, ammunition, or firearm accessories." The Senate bill passed by a 21-5 vote on April 15. The legislation stalled in the House Judiciary Committee.
• Debates on establishment of a state lottery and the legalization of casino gambling took up much of the session, with no legislation passed.
• The legislature failed to take up federal court-ordered changes to conditions in state prisons even as lenders backed out of a planned build-lease program negotiated by the Governor's office.
• Data from the 2020 U.S. Census needed for reapportionment of Congressional Districts was made available to legislators in September 2021.

References

• Cason, Mike (February 1, 2021) "Alabama lawmaker wants to raise penalty for removing historical monuments." The Birmingham News
• Cason, Mile (April 1, 2021) "Alabama lawmakers pass bill to allow churches, businesses to stay open during pandemic." The Birmingham News
• Cason, Mike (April 6, 2021) "Birmingham pension system bill causes sharp disagreement in Alabama House." The Birmingham News
• Cason, Mike (April 6, 2021) "Bill would allow Alabama parents to move students to other school districts." The Birmingham News
• Cason, Mike (April 8, 2021) "Alabama lawmakers approve lifetime pistol permits, database of people prohibited from having guns." The Birmingham News
• Cason, Mike (April 14, 2021) "Bill would increase penalties for removing historical monuments in Alabama." The Birmingham News
• Cason, Mike (April 15, 2021) "Alabama lawmakers pass bill to ban transgender athletes from public school teams." The Birmingham News
• Cason, Mike (April 20, 2021) "Gov. Kay Ivey signs bill allowing college athletes to be paid for use of name, image, likeness." The Birmingham News
• Cason, Mike (May 6, 2021) "Alabama House passes medical marijuana bill." The Birmingham News
• Johnson, Roy S. (May 19, 2021) "Imagine if lawmakers actually tried to make all Alabamians’ lives better; I’m still imagining" The Birmingham News
• Cason, Mike (May 20, 2021) "Gov. Kay Ivey signs bill allowing yoga in Alabama public schools." The Birmingham News

External links

• Legislative Acts by Year at sos.alabama.gov