This week, the Alabama Legislature completed days 11-13 of the 30-day Regular Session. The House and Senate are expected to meet for two legislative days next week.
Alabama “Game Plan” Crosses the Goal Line
All four state economic development incentive bills, dubbed the “Game Plan,” have passed the Alabama Legislature and were quickly signed into law by Gov. Kay Ivey on Thursday. The Game Plan package includes the following bills:
- HB24 renews the Alabama Jobs Act, extends the sunset date to 2028, and increases the Act’s incentive cap by $25 million annually over the next five years. HB241 explicitly allows for renewable energy projects to qualify for the jobs and investment credit programs offered by the State. The bill also extends existing data center incentives and establishes a new tourism incentive.
- HB247 establishes programs to incentivize innovation and small business development, particularly in rural areas. $25 million a year will be available for the Innovating Alabama Tax Credit to meet increasing demand for tech accelerators and to assist small and underrepresented businesses throughout the state.
- SB165, known as the SEEDS Act, allows the State Industrial Development Authority (“SIDA”) to facilitate the development of industry-ready sites. The bill expands SIDA’s role in the preparation of industrial sites and allows SIDA to issue grants to stimulate the creation of new sites.
- Lastly, SB151 amends the Jobs Act to require the Department of Commerce to publish certain incentivized project information on its website. Specifically, Commerce will publish the name of the company, the estimated capital investment, the number of jobs being created, the estimated hourly wage, the estimated value of incentives, and the project’s location. Commerce will also publish the projected 10 and 20-year return on the incentives to the state as well as aggregate performance data on all incentivized projects.
State General Fund on the Move
The House began consideration of the General Fund budget this week. The House Ways and Means General Fund Committee adopted a substitute to the governor’s proposed budget on Wednesday. The substitute budget includes $15 million more in spending than the original bill. Some notable differences between the governor’s recommended budget and the substitute are as follows:
- $2 million more ($5.5m total) for the Airport Development Grant Program
- $1 million less ($4m total) for the Electric Vehicle Infrastructure and Planning Grant Program
- $1.7 million as a new line item for the Huntsville Hospital Health System to facilitate workforce development schools for in-demand health professionals
- $4 million more spread across multiple programs to the Department of Mental Health
Other Bills of Interest
SB156 by Senator Chris Elliott, which establishes the Occupational Licensing Boards Division within the office of the Alabama Secretary of State, passed the Senate County and Municipal Government Committee last week. Some lawmakers have expressed frustration with the number of occupational licensing boards and their power to issue rules, fees, and fines in Alabama. Most boards are largely funded by fees they collect from licensees on authority given by the State. Senator Elliott’s bill would consolidate the “back office” licensing administration under the Occupational Licensing Board Division for consistency and efficiency.
HB261 passed the House this week with a bipartisan vote of 83-5. The bill prohibits the participation of biological males on female athletic teams and the participation of biological females on male athletic teams in collegiate-level sports in the State. Alabama already has a ban on transgender athletes in K-12 sports teams. The bill now goes to the Senate.
The Legislature will reconvene on Tuesday.
The following bills are currently being tracked by ABA’s governmental affairs team.
| Bill | Sponsors | Title | Last Action | Latest Version |
| AL 2023rs SB 231 |
Rodger M. Smitherman
|
Relating to the Uniform Commercial Code; to add Article 12 to the Uniform Commercial Code to govern the property rights of certain intangible digital assets (controllable electronic records), including electronic rights to payment, to provide for a manner to establish the transfer and control of those assets, to provide a mechanism for evidencing certain rights of payment, and to adopt special rules with regard to the payment obligations and conditions of discharge of account debtors on controllable accounts and controllable payment intangibles; to amend Sections 7-1-201, 7-1-204, 7-1-301, 7-1-306, 7-2-102, 7-2-106, 7-2-201, 7-2-202, 7-2-203, 7-2-205, 7-2-209, 7-2A-102, 7-2A-103, 7-2A-107, 7-2A-201, 7-2A-202, 7-2A-203, 7-2A-205, 7-2A-208, 7-3-104, 7-3-105, 7-3-401, 7-3-604, 7-4A-103, 7-4A-201, 7-4A-202, 7-4A-203, 7-4A-207, 7-4A-208, 7-4A-210, 7-4A-211, 7-4A-305, 7-5-104, 7-5-116, 7-7-102, 7-7-106, 7-8-102, 7-8-103, 7-8-106, 7-8-110, 7-8-303, 7-9A-102, 7-9A-104, 7-9A-105, 7-9A-203, 7-9A-204, 7-9A-207, 7-9A-208, 7-9A-209, 7-9A-210, 7-9A-301, 7-9A-304, 7-9A-305, 7-9A-310, 7-9A-312, 7-9A-313, 7-9A-314, 7-9A-316, 7-9A-317, 7-9A-323, 7-9A-324, 7-9A-330, 7-9A-331, 7-9A-332, 7-9A-334, 7-9A-341, 7-9A-404, 7-9A-406, 7-9A-408, 7-9A-509, 7-9A-513, 7-9A-601, 7-9A-605, 7-9A-608, 7-9A-611, 7-9A-613, 7-9A-614, 7-9A-615, 7-9A-616, 7-9A-619, 7-9A-620, 7-9A-621, 7-9A-624, and 7-9A-628, Code of Alabama 1975, and to add Sections 7-9A-107A, 7-9A-107B, 7-9A-306A, 7-9A-306B, 7-9A-314A, and 7-9A-326A to the Code of Alabama 1975, to provide a substantial revision to the Uniform Commercial Code in conformity with a substantial portion of the Uniform Commercial Code Amendments (2022), to clarify the meaning of the term chattel paper and other definitions, to define and provide for hybrid transactions, and to provide extensive amendments to the Uniform Commercial Code providing for the perfection of security interests in controllable electronic records, documents of title, chattel paper, and other assets; and to add Article 12A to the Uniform Commercial Code to provide transitional provisions for the Uniform Commercial Code Amendments (2022).Relating to the Uniform Commercial Code; to add Article 12 to the Uniform Commercial Code to govern the property rights of certain intangible digital assets (controllable electronic records), including electronic rights to payment, to provide for a manner to establish the transfer and control of those assets, to provide a mechanism for evidencing certain rights of payment, and to adopt special rules with regard to the payment obligations and conditions of discharge of account debtors on controllable accounts and controllable payment intangibles; to amend Sections 7-1-201, 7-1-204, 7-1-301, 7-1-306, 7-2-102, 7-2-106, 7-2-201, 7-2-202, 7-2-203, 7-2-205, 7-2-209, 7-2A-102, 7-2A-103, 7-2A-107, 7-2A-201, 7-2A-202, 7-2A-203, 7-2A-205, 7-2A-208, 7-3-104, 7-3-105, 7-3-401, 7-3-604, 7-4A-103, 7-4A-201, 7-4A-202, 7-4A-203, 7-4A-207, 7-4A-208, 7-4A-210, 7-4A-211, 7-4A-305, 7-5-104, 7-5-116, 7-7-102, 7-7-106, 7-8-102, 7-8-103, 7-8-106, 7-8-110, 7-8-303, 7-9A-102, 7-9A-104, 7-9A-105, 7-9A-203, 7-9A-204, 7-9A-207, 7-9A-208, 7-9A-209, 7-9A-210, 7-9A-301, 7-9A-304, 7-9A-305, 7-9A-310, 7-9A-312, 7-9A-313, 7-9A-314, 7-9A-316, 7-9A-317, 7-9A-323, 7-9A-324, 7-9A-330, 7-9A-331, 7-9A-332, 7-9A-334, 7-9A-341, 7-9A-404, 7-9A-406, 7-9A-408, 7-9A-509, 7-9A-513, 7-9A-601, 7-9A-605, 7-9A-608, 7-9A-611, 7-9A-613, 7-9A-614, 7-9A-615, 7-9A-616, 7-9A-619, 7-9A-620, 7-9A-621, 7-9A-624, and 7-9A-628, Code of Alabama 1975, and to add Sections 7-9A-107A, 7-9A-107B, 7-9A-306A, 7-9A-306B, 7-9A-314A, and 7-9A-326A to the Code of Alabama 1975, to provide a substantial revision to the Uniform Commercial Code in conformity with a substantial portion of the Uniform Commercial Code Amendments (2022), to clarify the meaning of the term chattel paper and other definitions, to define and provide for hybrid transactions, and to provide extensive amendments to the Uniform Commercial Code providing for the perfection of security interests in controllable electronic records, documents of title, chattel paper, and other assets; and to add Article 12A to the Uniform Commercial Code to provide transitional provisions for the Uniform Commercial Code Amendments (2022). (Judiciary) | Senate • Apr 20, 2023: Introduced and Referred (Judiciary) | Introduced |
| AL 2023rs HB 348 |
David Faulkner
|
Relating to the Uniform Commercial Code; to add Article 12 to the Uniform Commercial Code to govern the property rights of certain intangible digital assets (controllable electronic records), including electronic rights to payment, to provide for a manner to establish the transfer and control of those assets, to provide a mechanism for evidencing certain rights of payment, and to adopt special rules with regard to the payment obligations and conditions of discharge of account debtors on controllable accounts and controllable payment intangibles; to amend Sections 7-1-201, 7-1-204, 7-1-301, 7-1-306, 7-2-102, 7-2-106, 7-2-201, 7-2-202, 7-2-203, 7-2-205, 7-2-209, 7-2A-102, 7-2A-103, 7-2A-107, 7-2A-201, 7-2A-202, 7-2A-203, 7-2A-205, 7-2A-208, 7-3-104, 7-3-105, 7-3-401, 7-3-604, 7-4A-103, 7-4A-201, 7-4A-202, 7-4A-203, 7-4A-207, 7-4A-208, 7-4A-210, 7-4A-211, 7-4A-305, 7-5-104, 7-5-116, 7-7-102, 7-7-106, 7-8-102, 7-8-103, 7-8-106, 7-8-110, 7-8-303, 7-9A-102, 7-9A-104, 7-9A-105, 7-9A-203, 7-9A-204, 7-9A-207, 7-9A-208, 7-9A-209, 7-9A-210, 7-9A-301, 7-9A-304, 7-9A-305, 7-9A-310, 7-9A-312, 7-9A-313, 7-9A-314, 7-9A-316, 7-9A-317, 7-9A-323, 7-9A-324, 7-9A-330, 7-9A-331, 7-9A-332, 7-9A-334, 7-9A-341, 7-9A-404, 7-9A-406, 7-9A-408, 7-9A-509, 7-9A-513, 7-9A-601, 7-9A-605, 7-9A-608, 7-9A-611, 7-9A-613, 7-9A-614, 7-9A-615, 7-9A-616, 7-9A-619, 7-9A-620, 7-9A-621, 7-9A-624, and 7-9A-628, Code of Alabama 1975, and to add Sections 7-9A-107A, 7-9A-107B, 7-9A-306A, 7-9A-306B, 7-9A-314A, and 7-9A-326A to the Code of Alabama 1975, to provide a substantial revision to the Uniform Commercial Code in conformity with a substantial portion of the Uniform Commercial Code Amendments (2022), to clarify the meaning of the term chattel paper and other definitions, to define and provide for hybrid transactions, and to provide extensive amendments to the Uniform Commercial Code providing for the perfection of security interests in controllable electronic records, documents of title, chattel paper, and other assets; and to add Article 12A to the Uniform Commercial Code to provide transitional provisions for the Uniform Commercial Code Amendments (2022). (Judiciary) | House • Apr 20, 2023: Introduced and Referred (Judiciary) | Introduced |
| AL 2023rs HB 164 |
Andy Whitt
|
Relating to public high schools; to require students to complete a personal financial literacy and money management course before graduation; to provide for the creation and administration of a financial literacy examination; and to require the reporting of a summary of examination results to the State Department of Education. (Education Policy) | Senate • Apr 19, 2023: Referred to Committee (Education Policy) | Introduced |
| AL 2023rs SB 156 |
Chris Elliott
|
To add Chapter 9B to Title 41, Code of Alabama 1975, to establish the Occupational Licensing Boards Division in the office of the Secretary of State; to provide that the division is responsible for the oversight and regulation of certain occupational licensing boards; to provide for the appointment of an executive director, deputy directors, and the employment of staff, including investigators; to provide standards for determining fees; to provide for the appointment of members and the reimbursement of their expenses; to provide uniformity in the collection of fees and the deposit of monies received into the State General Fund. | Senate • Apr 13, 2023: Read Second Time in House of Origin | Introduced |
| AL 2023rs SB 11 |
Will Barfoot
|
Relating to the Alabama Uniform Trust Code; to amend Section 19-3B-414, Code of Alabama 1975, to further provide for the modification or termination of an uneconomic trust. | House • Apr 12, 2023: Read Second Time in Second House | Introduced |
| AL 2023rs HB 47 |
Cynthia Almond
|
Relating to the Alabama Uniform Trust Code; to amend Section 19-3B-414, Code of Alabama 1975, to further provide for the modification or termination of an uneconomic trust. (Banking and Insurance) | Senate • Apr 12, 2023: Referred to Committee (Banking and Insurance) | Introduced |
| AL 2023rs HB 214 |
Chip Brown
|
Relating to building codes; to amend Section 27-2-39, Code of Alabama 1975, to provide for a portion of fees and taxes collected by the Department of Insurance to the Alabama Residential Building Code Fund; to designate Sections 34-14A-1 through 34-14A-20 as Article 1 of Chapter 14A of Title 34, Code of Alabama 1975; to amend Sections 34-14A-1, 34-14A-2, 34-14A-7, 34-14A-12, 34-14A-20, Code of Alabama 1975, to provide for the establishment of the Alabama Residential Building Code and its authority; to further provide for the practice of residential home building; to further provide for the duties of the Home Builders Licensure Board; to add Article 2, commencing with Section 34-14A-41, to Chapter 14A of Title 34, Code of Alabama 1975, to establish the Alabama Residential Building Code Division within the Home Builders Licensure Board and provide for its duties; to establish the Alabama Residential Building Code Fund in the State Treasury and provide for its administration; to add Article 6A, commencing of Section 41-9-175, to Chapter 9 of Title 41, Code of Alabama 1975, to establish the Alabama Residential Building Code Advisory Council and provide for its membership and duties; to amend Sections 41-23-80, 41-23-81, 41-23-82, 41-23-84, 41-23-85, Code of Alabama 1975, to provide for the change of the name of the Alabama Energy and Residential Codes Board to the Alabama Commercial Energy Code Board and further provide for the membership of the board; and to provide requirements for certain local building codes adopted or amended after a date certain. (Insurance) | House • Apr 05, 2023: Carry Over (Insurance) | Introduced |
| AL 2023rs SB 173 |
Sam Givhan
|
Relating to the State Treasurer; to create the Alabama Local Government Investment Pool Program within the Office of the State Treasurer to allow state and local public entities to deposit monies in an investment pool administered by the treasurer; to provide parameters for investments; to authorize the treasurer to take certain actions to administer the program; to establish the Alabama Local Government Investment Advisory Board and provide for its membership and duties; and to provide further for the Office of the State Treasurer’s travel expenses. (State Governmental Affairs) | Senate • Apr 05, 2023: Introduced and Referred (State Governmental Affairs) | Introduced |
| AL 2023rs SB 136 |
Sam Givhan
|
Relating to building codes; to amend Section 27-2-39, Code of Alabama 1975, to provide for a portion of fees and taxes collected by the Department of Insurance to the Alabama Residential Building Code Fund; to designate Sections 34-14A-1 through 34-14A-20 as Article 1 of Chapter 14A of Title 34, Code of Alabama 1975; to amend Sections 34-14A-1, 34-14A-2, 34-14A-7, 34-14A-12, 34-14A-20, Code of Alabama 1975, to provide for the establishment of the Alabama Residential Building Code and its authority; to further provide for the practice of residential home building; to further provide for the duties of the Home Builders Licensure Board; to add Article 2, commencing with Section 34-14A-41, to Chapter 14A of Title 34, Code of Alabama 1975, to establish the Alabama Residential Building Code Division within the Home Builders Licensure Board and provide for its duties; to establish the Alabama Residential Building Code Fund in the State Treasury and provide for its administration; to add Article 6A, commencing of Section 41-9-175, to Chapter 9 of Title 41, Code of Alabama 1975, to establish the Alabama Residential Building Code Advisory Council and provide for its membership and duties; to amend Sections 41-23-80, 41-23-81, 41-23-82, 41-23-84, 41-23-85, Code of Alabama 1975, to provide for the change of the name of the Alabama Energy and Residential Codes Board to the Alabama Commercial Energy Code Board and further provide for the membership of the board; and to provide requirements for certain local building codes adopted or amended after a date certain. (Banking and Insurance) | Senate • Mar 23, 2023: Introduced and Referred (Banking and Insurance) | Introduced |
| AL 2023rs HB 49 |
Reed Ingram
|
Relating to the State Treasurer; to create the Alabama Local Government Investment Pool Program within the Office of the State Treasurer to allow state and local public entities to deposit monies in an investment pool administered by the treasurer; to provide parameters for investments; to authorize the treasurer to take certain actions to administer the program; to establish the Alabama Local Government Investment Advisory Board and provide for its membership and duties; and to provide further for the Office of the State Treasurer’s travel expenses. | House • Mar 22, 2023: Read Second Time in House of Origin | Introduced |
| AL 2023rs HB 58 |
Corley Ellis
|
Relating to insurance; to define lender-placed insurance on real property and provide a framework for regulating lender-placed insurance; to require separation between lenders and insurers and define unfair competitive practices in the sale, placement, solicitation, and negotiation of lender-placed insurance; to further provide for the term of the lender-placed insurance on real property and for the calculation of coverage and payment of premium; to provide for prohibited practices in the issuance of lender-placed insurance on real property; to require certain details of the insurance to be set forth in the policy or certificate of insurance; to require for the filing and approval by the Department of Insurance of the forms and rates to be charged for the insurance; to provide for the enforcement of the act and penalties for violations of the act; and to provide for judicial review of orders of the Commissioner of Insurance. (Insurance) | House • Mar 22, 2023: Carry Over (Insurance) | Introduced |
| AL 2023rs SB 125 |
Merika Coleman
|
Relating to credit and debit card fees; to provide that the calculation of any credit or debit card swipe fee may not include taxes and fees added on to the price of the goods or services purchased by the credit or debit card. (Banking and Insurance) | Senate • Mar 22, 2023: Introduced and Referred (Banking and Insurance) | Introduced |
| AL 2023rs HB 188 |
Chip Brown
|
Relating to public contracts; to prohibit the consideration of environmental, social, and governance (ESG) criteria when awarding a public contract; and to require a responsible bidder, as a condition of being awarded a public contract, to certify, under penalty of perjury, that its employees will not be subject to a personal ESG rating as a basis of hiring, firing, or evaluation. (State Government) | House • Mar 22, 2023: Introduced and Referred (State Government) | Introduced |
| AL 2023rs HB 181 |
Mack Butler
|
Relating to financial institutions; to amend Section 5-5A-43, Code of Alabama 1975, to prohibit financial institutions from disclosing certain customer financial records of firearms transactions with certain exceptions; to allow the Department of Finance to disqualify a financial institution from any selection process for state contracts for violation of this prohibition; and to provide civil penalties and criminal penalties for violation of the act. (Financial Services) | House • Mar 22, 2023: Introduced and Referred (Financial Services) | Introduced |
