On Tuesday, House General Fund Budget Committee Chairman Steve Clouse joined BCA for this week’s Governmental Affairs Committee Issues Briefing. Rep. Clouse provided an update on the General Fund Budget, the ways it was impacted by COVID-19, and what areas will be receiving special attention.
Rep. Clouse began by stating that this time last year, both budgets (General Fund and Education Trust Fund) were in great shape. However, once the pandemic hit Alabama, tough decisions had to be made regarding both budgets in preparation for a downturn in the economy. Those decisions turned out to be fiscally responsible and allowed both budgets to weather the COVID storm throughout the remainder of 2020.
Rep. Clouse noted several reasons our budget is still currently in a good place, including conservative budgeting and the inflow of federal funding through the CARES Act. He also mentioned the online sales tax put in place years ago played a valuable role in contributing to the budget during the pandemic.
Rep. Clouse mentioned several departments that will see changes in their budget, including the Department of Pardons and Paroles, Department of Mental Health, and the Department of Corrections. The current budget also leaves a generous amount for any emergencies that may arise.
Rep. Clouse was introduced by Dean Mitchell, executive director of the Dothan Area Chamber of Commerce and current chairman of the Chamber of Commerce Association of Alabama board of directors.
Next week’s Issues Briefing will feature Senate Minority Leader Bobby Singleton. As a reminder, BCA’s weekly Governmental Affairs Issues Briefings are held on Tuesdays at 9:00 a.m. and will be hosted virtually. Be sure to register so you don’t miss Tuesday’s discussion with Senator Singleton.
On Wednesday, the Alabama Senate Banking and Insurance Committee held a public hearing on Senate Bill 227. While it has flown under the public radar thus far, the bill could potentially be one of the costliest pieces of legislation for hardworking Alabama families proposed in recent memory. As explained during the public hearing, the measure would interfere with the ability of pharmacy benefit managers (PBMs) to negotiate lower prescription drug costs for Alabamians on group health insurance plans, including self-insured plans and other employer-based plans.
David Cole, senior vice president for governmental affairs at the Business Council of Alabama (BCA), also spoke during the public hearing. Cole outlined that the huge cost increases projected by Great Southern Wood and USA are not unique to those two major employers under SB 227. “The responses that we have gotten from businesses, our members from Main Street, are significant,” he shared. Cole said businesses of all sizes from the likes of Birmingham, Tuscaloosa, Fayette, Alabaster, Greensboro and Mobile had similarly expressed serious concerns with the legislation. Those that have already provided feedback to BCA with specific numbers projected annual per-employee cost increases of approximately $1,000, in line with Great Southern Wood’s and the University of South Alabama’s numbers. One employer, for example, estimated an increased annual cost of about $4.5 million on the business, as well as an increase of $950 for each employee per year. He stressed that the bill would be “an increased cost burden on the backs of hardworking Alabama families.” Cole also raised the point that SB 227, in addition to increasing costs, would decrease pharmaceutical options for Alabamians. To learn more, read the full article here.
The Alabama Legislature completed its 13th and 14th legislative working days this week. The major items debated in the Senate included legislation to legalize gaming in the state and a bill to allow remote notarization in Alabama. The House passed the state’s General Fund budget, as well as a BCA-priority bill to provide businesses with clear and consistent guidelines when classifying employees.
Several bills of interest were favorably reported out of committees in both the House and Senate, including a bill to allow the Secretary of State to waive the Certificate of Existence fee during a state of emergency and a bill to allow ADPH to collect, compile, and analyze certain patient discharge data from certain hospitals. In addition to the previously mentioned bills, below is a list of bills that received legislative action this week:
To see the status of BCA’s legislative priorities, as well as other bills the governmental affairs team is tracking, check out the policy section of BCA’s Capital Briefing below.
HB 408: Guidance on Classification of Workers
Sponsor: Rep. Wes Kitchens (R-Arab)
BCA Position: Support
Status: Passed the House of Representatives
HB 408 passed the House of Representatives by a vote of 99-0 on Thursday. This bill would require employers and state agencies to use the same specified guidelines to determine whether a worker is to be classified as an employee or independent contractor. This will require state government agencies to use a uniformed set of criteria that will mirror the federal government criteria which will provide businesses with clear and consistent guidelines when classifying employees.
SB 249: Relocation of Call Centers
Sponsor: Sen. Clay Scofield (R-Guntersville)
BCA Position: Support
Status: Pending Approval by the House of Representatives
SB 249 would make important changes to a law passed in 2019 which penalized companies that relocate a call center without giving advanced notice to the State. SB 249 would ensure that only call centers receiving incentives from the state are subject to the law and would define the term “relocate” as physically relocating outside the state of Alabama.
SB 30: COVID Civil Liability Protections
Sponsors: Sen. Arthur Orr (R-Decatur) and Rep. David Faulkner (R-Homewood)
BCA Position: Support
Status: Signed by the Governor
SB 30 passed the House of Representatives by a vote of 86-4 on Thursday and was quickly signed into law by Governor Ivey on Friday. This important piece of legislation provides civil immunity for covered entities operating in Alabama from certain claims and damages claimed by individuals who allege they contracted or were exposed to COVID-19. Exceptions to this immunity would exist if the covered entity acted with wanton, reckless, willful or intentional misconduct when it comes to complying with government issued COVID guidelines. Such misconduct must be proven under a “clear and convincing” evidentiary standard.
HB 192: Reauthorization of Economic Development Incentives
Sponsors: Rep. Bill Poole (R-Tuscaloosa) and Sen. Greg Reed (R-Jasper)
BCA Position: Support
Status: Signed by the Governor
HB 192 passed the Senate by a vote of 28-0 on Wednesday and was signed into law by Governor Ivey on Friday. This new law reauthorizes three key economic development incentives: the Alabama Jobs Act, the Growing Alabama Credit, and the Alabama Port Credit. The Growing Alabama Credit will be extended to July 31, 2023, with the annual cap increased to $20 million a year. $5 million will be reserved in the first six months of the year for rural counties and up to $4 million for technology accelerators. The Alabama Jobs Act will be extended to July 31, 2023, and the annual cap will be increased to $325 million in 2021 and to $350 million in 2022. The Jobs Act also includes a provision to provide enhanced incentives to attract new investment and jobs for black-owned and woman-owned businesses, as well as businesses operating as a critical supply chain entity.
HB 170: Alabama Taxpayer Stimulus Freedom and Alabama Business Tax Competitiveness Acts
Sponsors: Rep. Danny Garrett (R-Trussville) and Sen. Dan Roberts (R-Mountain Brook)
BCA Position: Support
Status: Signed by the Governor
HB 170 passed the Senate by a vote of 27-0 on Wednesday and was signed into law by the Governor on Friday. This bill will ensure that economic stimulus payments, and related recovery rebates or credits, received by Alabamians will not be subject to state income tax. It will also exclude from state income tax any relief received by businesses such as PPP loan amounts that are forgiven, as well as financial assistance provided through federal Emergency EIDL Grants, EIDL Targeted Advances, and Grants to Shuttered Venues. At the state level, the bill would also exempt grants received by small businesses from the Revive Alabama and Revive Plus programs.
HB 170 will also enact revenue neutral measures to benefit companies that elect to invest in both property and personnel in this state, as well as measures to decouple from provisions of the Tax Cut and Jobs Act (TCJA) that would hinder Alabama’s competitiveness in economic development. HB 170 is designed to help level the playing field for companies that elect to headquarter in this State, or make other investments in property and personnel, by allowing them to exclude these investments when calculating their state income tax liabilities. This legislation also eliminates at the state level the limitation on business interest deductions imposed under IRC Section 163(j) for years in which an Alabama corporate taxpayer, or its federal filing group, would not be subject to this limitation at the federal level.
HB 281: Historical Tax Credit Reauthorization
Sponsor: Rep. Victor Gaston (R-Mobile)
BCA Position: Support
Status: Pending Approval by the Senate Finance and Taxation Education Committee
HB 281 proposes extending tax credits for qualified rehabilitation expenditures for the substantial rehabilitation of certified historic structures through 2027. The Alabama Historical Committee will be responsible for the administering of the tax credit program and approving the rehabilitation of qualified structures that qualify for the income tax credit. No tax credit claimed for any certified rehabilitation may exceed $5,000,000 for all allowable property types except a certified historic residential structure, and $50,000 for a certified historic residential structure.
SB 215: Broadband Expansion
Sponsor: Sen. Del Marsh (R-Anniston)
BCA Position: Support
Status: Pending Approval by the House Urban and Rural Development Committee
SB 215 would create the Alabama Digital Expansion Authority which would be tasked overseeing the expansion and availability of high-speed broadband services throughout the state. The eventual plan adopted by the authority would be at least partially funded through a gambling expansion bill that is still up for debate in the legislature. Another funding component includes the creation of the Alabama Digital Expansion Finance Corporation that could issue bonds of up to $250 million to finance eligible projects.
SB 46: Legalization of Medical Marijuana
Sponsor: Sen. Tim Melson (R-Florence)
BCA Position: Monitor
Status: Pending Approval by the House Judiciary Committee
SB 46, also known as the Compassion Act, would authorize the use of medical marijuana in Alabama by requiring patients to obtain a medical marijuana card from a doctor to treat certain medical conditions included in the legislation. In terms of employee workforce, this legislation includes both business protection provisions and worker’s compensation provisions in order to ensure the potential law does not expose the business community to additional civil liability if the use of medical marijuana is authorized.
HB 244: Alabama Research and Development Act
Sponsor: Rep. Danny Garrett (R-Trussville)
BCA Position: Support
Status: Pending Approval by the House Ways & Means Education Committee
HB 244 – the Alabama Research and Development Act – would implement a research and development tax credit to certain Alabama companies. The credit would be based on in-house research, contracted research, and consortium research expenses for qualified research conducted in Alabama. This bill would limit the Alabama Research and Development tax credits to no more than $25 million of credits for research and development expenses in any calendar year, and no eligible company or business could claim more than 20 percent in a single tax year.
HB 210: Hospital Discharge Data Collection
Sponsor: Rep. Paul Lee (R-Dothan)
BCA Position: Support
Status: Received a Favorable Report from the Senate Healthcare Committee
HB 210 was unanimously approved by the Senate Healthcare Committee on Wednesday. This bill would require the Alabama Department of Public Health to collect, compile, and analyze certain patient discharge data from certain hospitals. This bill will also require the Department of Public Health to adopt a set of rules pertaining to the protection, collection, and dissemination of hospital discharge data. This bill requires also establishes the Hospital Discharge Data Advisory Council to advise the department on rule making, as well as membership.
HB 340: Sales and Use Tax Exemption on Materials for Road/Bridge Projects
Sponsor: Rep. David Faulkner (R-Homewood)
BCA Position: Support
Status: Passed the House of Representatives
HB 340 passed the House chamber by a vote of 96-0 on Thursday. This bill would allow for the purchase of construction materials and supplies for highway, road and bridge projects that are contracted with a government entity to be exempted from sales and use taxes. Currently, a licensed contractor that enters into a contract with a government entity to undertake a project does not have to pay sales and use tax on construction materials and supplies for that project. The current law pertains to all construction contracts entered into by government entities, with the exclusion of highway, road and bridge projects. The bill’s fiscal note states that sales and tax receipts to the Education Trust Fund would be reduced by an estimated $11.5 million annually.
HB 165: Certificate of Existence Fee for Businesses
Sponsor: Rep. Reed Ingram (R-Pike Road)
BCA Position: Support
Status: Received a Favorable Report from the Senate Governmental Affairs Committee
HB 165 received a favorable report from the Senate Governmental Affairs committee on Tuesday. Current law states that a business entity must pay a fee of $25 to the Secretary of State for a Certificate of Existence. This bill will allow the Secretary of State to waive the $25 fee if a state of emergency has been declared in this state or another. The fee can also be waived if the federal government determines substantial compliance with certain provisions of law unreasonable.
HB 14: Airport Authority Sales and Use Tax Exemption
Sponsor: Rep. Rex Reynolds (R-Huntsville)
BCA Position: Support
Status: Pending Approval by the Senate Finance Taxation and Education Committee
HB 14 would exempt airport authorities from paying sales and use taxes. This bill would also include airport authorities in the list of governmental entities that may be issued a certificate of exemption from sales and use taxes on certain projects and in the list of governmental entities that shall obtain an annual certificate of exemption.
SB 227: Regulations on Pharmacy Benefit Managers
Sponsors: Sen. Tom Butler (R-Huntsville) and Rep. Nathaniel Ledbetter (R-Rainsville)
BCA Position: Oppose
Status: Pending Approval by the Senate Banking & Insurance Committee
SB 227 was debated by the Senate Banking and Insurance Committee on Wednesday where a public hearing was held to hear from proponents and opponents to the legislation. No committee vote was taken on the bill. Several groups and members of the business community expressed serious concerns in the public hearing regarding the bill’s potential to significantly increase prescription drug costs for employers and employees.
This bill would prohibit pharmacy benefit managers from reimbursing a pharmacy in an amount less than the amount the pharmacy benefits manager reimburses an affiliated pharmacy of the pharmacy benefits manager and from paying a pharmacy for prescription drugs an amount different than the amount the pharmacy benefits manager contracted with the health benefit plan to charge the health benefit plan for those same prescription drugs. If enacted, this legislation will increase drug costs for employers, employees, and the State by placing severe regulations on mail order pharmacy services which will impair the ability of pharmacy benefit managers to effectively manage health benefit costs.
HB 214: Coronavirus Vaccine Discrimination
Sponsor: Rep. Chip Brown (R-Hollinger’s Island)
BCA Position: Monitor
Status: Pending Approval by the House Commerce and Small Business Committee
HB 214 would prohibit an employer from taking adverse action against an employee or prospective employee based on the employee’s immunization status. It would also prohibit a ticket issuer for an entertainment event from denying entry to the event based on immunization status.
HB 216: Consumer Data Requirements
Sponsor: Rep. Craig Lipscomb (R-Gadsden)
BCA Position: Oppose
Status: Pending Approval by the House Technology & Research Committee
HB 216 would allow a consumer to request a business to disclose personal information it collects about the consumer and to require a business to make those disclosures under certain conditions. It would also allow a consumer to request the deletion of certain personal information and require a business to delete certain personal information under certain conditions.
SB 126: Home Alcohol Delivery
Sponsor: Sen. Jabo Waggoner (R-Vestavia Hills)
BCA Position: Monitor
Status: Received a Favorable Report from the House Judiciary Committee
SB 126 received a favorable report from the House Judiciary Committee on Wednesday. This bill would provide for a delivery service license issued by the Alcoholic Beverage Control Board that would allow the licensee to deliver sealed beer, wine, and spirits from certain licensed retail establishments directly to individuals in Alabama who are at least 21 years of age for their personal use.
SB 214: Legalization of Gaming and Establishment of State Lottery
Sponsor: Sen. Del Marsh (R-Anniston)
BCA Position: Monitor
Status: Vote to Pass the Senate Failed – Still Pending in the Senate
SB 214 failed to pass the Senate in a 19-13 vote. Because the bill is a constitutional amendment, it requires approval from two thirds of the full membership of the Senate which is 21 members. This bill proposes a constitutional amendment, and if approved by the voting public, would establish the Alabama Education Lottery, allow casino-style games and electronic bingo to be operated only at specified locations, and allow sports wagering at specified locations or through an Internet sports wagering platform. The bills fiscal note states that the Alabama Education Lottery will generate an estimated $194-$279 million annually. It also states that the gaming component will generate an estimated $260-$393 million annually from the 20 percent tax on gaming revenues.
This week’s BCA Governmental Affairs Committee Issues Briefing featured Speaker of the House of Representatives Mac McCutcheon. Speaker McCutcheon highlighted Alabama’s pro-economy climate, spoke to the challenges this session…
BCA was thrilled to host newly-elected Senate President Pro Tem Greg Reed on Tuesday during the weekly BCA Governmental Affairs Committee Issues Briefing hosted via Zoom. Sen. Reed covered several important topics of note, beginning with a review of the first two weeks of the session…
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