CAPITOL NOTES: Legislature Adjourns Sine Die

MONTGOMERY, ALA., April 11, 2022 — The Alabama Legislature adjourned sine die last Thursday just before midnight. The last week of the session was eventful and at times dramatic. Legislative leadership expects Gov. Kay Ivey to call them back with a special session to allocate the remaining funds from the American Rescue Plan.

• Education Budget – The House agreed to Senate changes to an FY23 Education Trust Fund budget Wednesday that included a pay increase for teachers, sending the budget to Gov. Ivey. The roughly $8.2 billion budget represents record spending and a $550 million increase over FY22. Teachers with less than nine years of experience would see a 4% raise, and teachers with nine or more years of experience would see raises ranging from 5% to almost 21% for those with 35 years of classroom experience. The budget would also provide an automatic 1% annual raise for teachers and eliminate the salary cap that currently ends step raises after 27 years. In addition to the pay increases, the budget also includes a $200 increase per classroom for supplies, $20 million for math coaches, and further investments in workforce development.
• Unemployment Benefits – The House gave final passage to a bill Wednesday that would require that people receiving state unemployment benefits apply for a minimum of three jobs per week. Under SB 224, to be eligible for unemployment benefits, an individual must “engag[e] in systematic and sustained efforts to find work, including contacting at least three prospective employers for each week of unemployment claimed. The department shall require the claimant to provide proof of work search efforts when filing his or her weekly certification. A claimant’s subsequent proof of work search efforts may not include the same prospective employer, unless the employer has indicated since the time of the initial contact that the employer is hiring. The department shall conduct random reviews of at least 5 percent of the work search proof provided by claimants each week.” SB 224 was forwarded to Gov. Ivey on Wednesday evening.
• Math Education – Gov. Ivey signed the “Numeracy Act” into law Tuesday, providing additional resources and requirements for elementary math education.  The Numeracy Act places accountability requirements on schools instead of instituting a holdback requirement for students, as was part of the 2019 Literacy Act. K-5 schools that continually fail to improve could be taken over or reconstituted. Requirements include regular math screenings for K-5 students and “interventions” for students with math deficiencies. Math coaches will be placed in K-5 schools to help teachers with modern education practices, and university education programs will be required to teach the same approved math curriculum to new teachers prior to entering the classroom.
• Reading Education – The Legislature gave final passage to two bills Tuesday that would make changes to a 2019 law titled the “Alabama Literacy Act,” which included a provision requiring that third-grade students be held back if unable to read proficiently. The House passed SB 200 this week, which would delay the retention provision until spring 2024, effectively providing schools an additional two years to improve test scores. SB 200 was forwarded to Gov. Ivey Wednesday afternoon. Although not indicative of her decision this time around, Ivey vetoed a similar bill last year. Related legislation, HB 220, passed both chambers unanimously last week, and would make several technical changes to the Literacy Act. Such changes include the stipulation that students may only be made to repeat third grade once, that special needs students who have IEPs and do not take standardized tests are not eligible to be held back, and that those learning the English language have three years post-enrollment before they may be subject to the retention provision. HB 220 was forwarded to Gov. Ivey Tuesday evening.
• Transgender Transition for Minors- The House gave final passage Thursday to a bill that would make it a felony punishable by up to 10 years in prison for a doctor to prescribe puberty blockers or hormones to aid in the gender transition of anyone under 19 years old. The bill would also prohibit gender transition surgeries and prevent school nurses, counselors, teachers, principals, and other administrative officials from withholding “from a minor’s parent or legal guardian information related to a minor’s perception that his or her gender or sex is inconsistent with his or her sex.” SB 184, which was passed in the House largely along party lines, was the subject of much debate on the last day of the Session and was delivered to Gov. Ivey Thursday afternoon.
• Sexual Orientation/Classroom Instruction – The Senate gave final passage Thursday to a bill that would mandate public K-12 schools to “require every multiple occupancy restroom or changing area designated for student use to be used by individuals based on their biological sex.” HB 322 would also prohibit “[a]n individual or group of individuals providing classroom instruction to students in kindergarten through the fifth grade at a public K-12 school” from engaging in “classroom discussion or provid[ing] classroom instruction regarding sexual orientation or gender identity in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards.” The bill requires the State Board of Education to adopt rules for implementation and enforcement. HB 322 was delivered to Gov. Ivey Thursday night.
• Early Prison Release – The Senate gave final passage Thursday to a bill that would prevent certain prisoners from being eligible for early release. HB 143, the “Sergeant Nick Risner Act,” as amended, states that “[n]o prisoner may receive correctional incentive time” if “[h]e or she has been convicted of any crime that caused the death of another person by means of a deadly weapon, as defined in Section 13A-1-2.”  Section 13A-1-2 of the Alabama Criminal Code defines “deadly weapon” as a “firearm or anything manifestly designed, made, or adapted for the purposes of inflicting death or serious physical injury. The term includes, but is not limited to, a pistol, rifle, or shotgun;  or a switch-blade knife, gravity knife, stiletto, sword, or dagger;  or any billy, black-jack, bludgeon, or metal knuckles.” HB 143 was delivered to Gov. Ivey Thursday evening.
• Income Taxes – The Senate gave final passage Thursday to a bill that would increase state income tax standard deductions and dependent exemptions. HB 163 increases the optional standard deduction by $1,000 for married couples filing jointly and $500 for single, married filing separately and head of household filers. It also increases the adjusted gross income range allowable for the maximum optional standard deduction to $35,000 (up from $33,000) and the adjusted gross income range allowable for dependent exemption to $50,000 (up from $20,000) to increase the threshold at which the state imposes individual income taxes. HB 163 was delivered to Gov. Ivey Thursday night.
• Election Expenses – The Senate gave final passage along party lines Thursday to a bill that would ban election offices from accepting donations and grants from private organizations to help fund voting operations, including voter registration, education, and outreach. Per HB 194, “Notwithstanding any other law, no state or local public official responsible for the conduct of an election, nor his or her employee, may solicit, accept, or use any donation in the form of money, grants, property, or personal services from an individual or a nongovernmental entity for the purpose of funding election-related expenses or voter education, voter outreach, or voter registration programs.” “Election-related expenses” are defined as: (1) Payments, salaries, or bonuses for election officials, boards of registrars, and poll workers; (2) Expenses relating to equipment, ballots, printing, mailing, or transportation; (3) Expenses relating to signage or media production; or (4) Expenses relating to lectures, educational seminars, or events to train election officials, boards of registrars, or poll workers. The bill does not prohibit the donation and acceptance of space to be temporarily used for a polling place.  Any person in violation would be guilty of a Class B misdemeanor. HB 194 was delivered to Gov. Ivey Thursday afternoon.
• Lead Paint Removal – The House gave final passage to a bill Thursday that would provide the state health department more authority with respect to enforcing the 1997 Alabama Lead Reduction Act. SB 158 would fine contractors for violations, starting at $250 per day for a first offense, up to a maximum of $5,000 per day. SB 158 would not apply to people renovating their own home. The bill was delivered to Gov. Ivey Thursday night.