Alabama Legislature 2018: Monday Morning Digest

by | Feb 12, 2018

A few bills moved out of the House and into the Senate and vice versa this past week (see the table below for updates). The major bill to watch that was introduced and gained momentum last week is HB362 (the state government also offered an amendment). This bill proposes a constitutional amendment that would require the Forever Wild Land Trust to pay counties for any lost property taxes on lands purchased through the program. HB362 starts the clock on the end of future Forever Wild purchases. With each additional acquisition, more taxes are owed, and less funding is available to purchase additional lands for public hunting, fishing and recreation. Our friends at Conservation Alabama wrote a great summary of how HB362 could hurt the Forever Wild Land Trust.

Here are the new bills affecting the environment, energy and public transportation (also in the table below):

  • SB289 was introduced by Cam Ward (R- Bibb County, Chilton County, Hale County, Jefferson County, Shelby County) and increases the distance one may operate machinery within proximity to utility lines.

Hearings this week are as follows:

  • SB122: February 14th at 1:30 PM
Bill No. Sponsor Summary Committee Status
HB5 Hanes (R)

Whorton

Amending Ala. Code 40-8-140: provide income tax refund check off to state parks, Dep’t of Mental Health and Medicaid Ways & Means General Fund  
HB40 South (R) Amend Ala. Code 32-9-20: extends length restrictions and allows greater weight restrictions for trucks using natural gas Transportation, Utilities and Infrastructure ·        2/8/2018: moves to the Senate referred to committee (Transportation and Energy)

·        /8/2018: passes in House

HB53 Johnson ® Repeal Ala. Code  22-30B-19: Abolish the Alabama Legacy for Environmental Research Trust Fund

COMPANION BILL SB 122

Ways & Means General Fund ·        2/8/18: moves to Senate and referred to committee (Finance and Taxation General Fund)

·        2/6/18: passes in House

HB58 Drake (R) Amend Ala. Code § 9-14-8: Create Park for Patriots Act of 2018. Adds in active, Alabama resident Military & Veterans Affairs ·        1/25: read for the second time and placed on the calendar

·        1/16: moves to the Senate, referred to committee (Veterans and Military Affairs)

·        1/16: passes in House

HB78 Johnson ® Propose local amendment for Coosa County to additional payments from the Alabama

Trust Fund to the Forever Wild Land Trust to reimburse Coosa County for lost ad valorem tax

payments as a result of the acquisition of property

by the Forever Wild Land Trust.

Local Legislation ·        1/25: third reading, carried over to Call of the Chair (voice vote adopted)
HB113 Johnson (R) Amend Ala. Code 22-25C-1 and 22-25C-2: requires bond paid to be used for clean up of facility and repeals provisions for fees

COMPANION BILL SB48

Transportation, Utilities and Infrastructure  
HB217 Morrow (D) Amend Ala. Code 22-22A-6, to change the qualifications of that the Environmental Management Commission of the Alabama Department of Environmental Management so that a geologist may serve as a member of the commission. Boards, Agencies and Commissions  
HB224 South (R) Notification to State Health Officer required when changes made to fluoride levels

COMPANTION BILL SB180

Health ·        2/8: moves to Senate and referred to committee (Health & Human Services)

·        2/8: passes House

HB362 Tuggle ® This bill proposes a constitutional amendment that would require the Forever Wild Land Trust to annually reimburse the amount of ad valorem tax revenue lost as a result of property previously subject to ad valorem tax being acquired by the Forever Wild Land Trust, which monies shall be paid to the county tax official in each county where the property has been acquired and distributed as other ad valorem tax proceeds unless the county opts out. The amount of reimbursement would be the amount as if the property was taxed at current use value of the property as forest property with good productivity. The bill would also provide that if funding for the Forever Wild Land Trust is not continued after September 30, 2032, the Forever Wild Land Stewardship Account would receive up to $1,000,000 from the Alabama Trust Fund annually. State Government ·        2/8: pending 3rd reading, state government introduced amendment
HB370 Davis(R) ®s bill would further provide for permits for shoreline restoration, including the use of living shoreline techniques, by riparian property owners in coastal areas. The bill would authorize riparian property owners to sever and use materials in their riparian rights use area and for the purposes of shoreline restoration without fee or charge by the Department of Conservation and Natural Resources or the Department of Environmental Management when the source sediment is used for the construction of living shorelines in front of a property owner’s r’parian property. Agriculture and Forestry  
SB33 Ward (R) ®nd Ala. Code 29-2-270 to 29-2-275: Permanent Joint Legislative Committee on Energy Policy: this bill would revise the membership of the committee, delete the requirement that the committee complete the Alabama Energy Plan, limit the reporting of the committee, delete authorization for the committee to create and staff a Legislative Energy Policy Office, would authorize the committee to form advisory committees as needed. Transportation & Energy ·        2/1: read for the second time and placed on the calendar

·        1/25: Moves to the House, read for the first time and referred to the House of Representatives committee on Transportation, Utilities and Infrastructure

·        1/23: Passes Senate

SB48 Pittman (R) ®nd Ala. Code 22-25C-1 and 22-25C-2: requires bond paid to be used for clean up of facility and repeals provisions for fees.

COMPANION BILL HB113

Finance and Taxation General Fund ·        1/23: moves to House (referred to committee on Ways & Means General Fund)

·        1/23: passes Senate

SB75 Bussman (R) ®er the Sunset Law, provides for the continuance of the Surface Mining Commission until October 1, 2022

SB 134 RELATED

Fiscal Responsibility and Economic Development ·        2/1: passes House, assigned Act No.. 2018-74

·        1/25: read for the second time and placed on the calendar

·        1/18: moves to House (referred to committee on Boards, Agencies and Commissions)

·        1/16: passes Senate

SB122 Sanford (R) ®eal Ala. Code  22-30B-19: Abolish the Alabama Legacy for Environmental Research Trust Fund

COMPANION BILL HB53

Finance and Taxation General Fund ·        2/6: moves to the House and referred to committee (Ways & Means General Fund)

·        2/6: passes Senate

SB134 Bussman ® Remove the Surface Mining Commission from the sunset review process

RELATED TO SB75

Fiscal Responsibility and Economic Development ·        1/25: read for the second time and placed on the calendar

·        1/18: moves to House (referred to committee on Boards, Agencies and Commissions)

·        1/16: Passes Senate

SB180 Bussman ® Notification to State Health Officer required when changes made to fluoride levels

COMPANION BILL TO HB224

Health and Human Services ·        2/1: moves to House and referred to committee (Health)

·        2/1: passes Senate

SB268 Allen (R) Amend Ala. Code 32-9-20: extends length restrictions and allows greater weight restrictions for trucks using natural gas

COMPANION BILL TO HB40

Transportation and Energy  
SB273 Scofield (R) Amend Ala. Code 22-22A-6, to change the qualifications of that the Environmental Management Commission of the Alabama Department of Environmental Management so that a geologist may serve as a member of the commission.

COMPANION BILL TO HB217

Agriculture, Conservation and Forestry  
SB289 Ward (R) Amend Ala. Code 37-8-52 and 37-8-5-3: increase distance to 10 feet in which one can operate tools, machinery, or equipment, or move a building within [six feet] of a high voltage overhead conductor of electricity unless certain safeguards are in place. Transportation and Energy  
Public Transportation
HB10 Williams (Jack) (R) Alabama Public Transportation Act. Alabama Public Transportation Trust Fund, established, ADECA required to administer trust fund; Public Transportation Trust Fund Advisory Committee, created. ADECA must adopt rules, make annual reports, conduct a public transportation needs assessment, enter into contracts, conduct audits and award grants. Transportation, Utilities and Infrastructure  
HB25 Pringle (R) Amend Ala. Code 23-1-21 and 23-1-21.2: establish a State Transportation Commission (and requirements and duties thereof) Transportation, Utilities and Infrastructure  
HB97 Faulkner (R) Would require transportation network companies to obtain a permit from the PSC, maintain an agent for service of process, implement a nondiscrimination

policy, implement a zero tolerance intoxicating

substance policy, and maintain certain records, collect local assessment fee for each trip.

COMPANION BILL TO SB65

Commerce and Small Business  
HB190 Faulkner (R) Transportation network companies, Public Service Commission permit required to operate, minimum requirements imposed Commerce and Small Business ·        2/8: pending third reading in the Senate and amendment offered

·        1/30: moves to Senate

·        1/30: amendments made by Coleman & Givan and co-sponsors (Garrett, Williams (JD), Fridy, Shiver, Faust, Ainsworth, Pettus, Mooney & Drake) and passes house

SB65 Singleton (D) Would require transportation network companies to obtain a permit from the PSC, maintain an agent for service of process, implement a nondiscrimination

policy, implement a zero tolerance intoxicating

substance policy, and maintain certain records, collect local assessment fee for each trip.

COMPANION BILL TO HB97

IDENTICAL TO SB143

Transportation and Energy No movement on this bill since first read: but, SB143 is co-sponsored with Marsh and is identical
SB85 Smitherman (D) Creates the Alabama Public Transportation Trust Fund

*isn’t noted but seems like companion bill to HB10

Transportation and Energy ·        2/1: read for the second time and placed on the calendar

·        1/25: Moves to House, read for the first time and referred to the House of Representatives committee on Transportation, Utilities and Infrastructure

·        1/25: Motion to Read a Third Time and Pass adopted Roll Call 148

SB143 Singleton (D) Would require transportation network companies to obtain a permit from the PSC, maintain an agent for service of process, implement a nondiscrimination

policy, implement a zero tolerance intoxicating

substance policy, and maintain certain records, collect local assessment fee for each trip.

COMPANION BILL TO HB97

IDENTICAL TO SB65

Tourism and Marketing ·        1/25: Passes Senate with substitute by Singleton
About Haley Lewis
Haley joined GASP in 2014 as our programs manager and was named staff attorney in 2016. She has a B.A. from George Washington University, J.D. from Cumberland School of Law and a master’s in public administration from the University of Alabama at Birmingham. Email Haley
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