Week Eleven of the 2024 Legislative Session
Capitol Briefing Tuesday Morning Issues Briefing BCA hosted House Rules Committee Chairman Joe Lovvorn to close out a great session of Tuesday Morning Issues Briefings during the 2024 legislative session.
The voice for Alabama businesses.
The legislature finished its 30th and final day of the 2024 regular session on May 9, with several notable pieces of legislation receiving final passage before the session concluded. All six bills in the Working for Alabama package were approved and sent to Governor Kay Ivey for her signature after the Senate passed the Childcare Tax Credit and Housing Tax Credit on Tuesday.
BCA President and CEO Helena Duncan joined Governor Kay Ivey, Lieutenant Governor Will Ainsworth, Senate President Pro Tem Greg Reed, House Speaker Nathaniel Ledbetter, Senate Minority Leader Bobby Singleton, and House Minority Leader Anthony Daniels to commemorate Working for Alabama’s passage.
“This effort and the hope and promise it represents demonstrates that when Alabamians work together, we can overcome any obstacle, meet any goal, and create a better future for citizens across our state,” Helena Duncan said of Working for Alabama’s enactment.
BCA is proud to partner with state and legislative leaders, economic developers, and our corporate partners to enhance Alabama’s business climate by identifying and implementing a new strategy to spearhead workforce development within the state.
The legislature finalized both state budgets for 2025, sending a record $3.3 billion General Fund and $9.3 billion Education Trust Fund to the Governor. The two chambers did not readdress the gaming legislation, and the Senate did not bring up the House-passed ethics bill.
BCA is proud to celebrate a successful session, passing each of our organization’s legislative priorities and working diligently to prohibit legislation from advancing that would negatively impact the business community.
The 2025 legislative session is set to begin on February 4, 2025.
WORKING FOR ALABAMA
SB252 – Alabama Growth Alliance Act
Sponsor: Sen. Greg Reed/Rep. Randall Shedd
BCA Position: Support
Status: Enacted
Additional Information: This bill creates the Alabama Growth Alliance, a public corporation governed by a board of public and private leaders. The Alabama Growth Alliance would be formed to coordinate the development, tracking, as well as providing input and support for the creation and maintenance of the state’s long-range economic development strategy, annual objectives, and key tactics to achieve the long-range strategies.
SB253 – Alabama Workforce Pathways Act
Sponsor: Sen. Donnie Chesteen/Rep. Kelvin Lawrence
BCA Position: Support
Status: Enacted
Additional Information: This bill establishes a Workforce Pathways diploma at the K-12 level and reinvest in Career & Technical Education (CTE) centers across the state. This pathway will better prepare those students to enter the workforce and/or earn credentials that will help lead directly to employment in their chosen field.
SB247 – Alabama Workforce Transformation Act
Sponsor: Sen. Steve Livingston/Rep. Danny Garrett
BCA Position: Support
Status: Enacted
Additional Information: This bill merges and consolidates duplicative workforce development agencies, programs, and funding mechanisms into one single, repurposed state agency that will be led by a cabinet-level official who has primary responsibility for the state’s workforce development activities.
HB346 – Housing Tax Credit
Sponsor: Rep. Cynthia Almond/Sen. Chris Elliott
BCA Position: Support
Status: Enacted
Additional Information: This bill establishes a state workforce housing tax credit like programs implemented in 29 other states. It complements the existing federal housing tax credit program created by the Reagan Administration designed to incentivize private capital investment in the development of affordable workforce housing.
HB358 – Childcare Tax Credit
Sponsor: Rep. Anthony Daniels/Sen. Garlan Gudger
BCA Position: Support
Status: Enacted
Additional Information: This bill creates tax credits to incentivize employers to fund childcare options and childcare providers to expand access to and quality of childcare. The tax credits would be available for employers that provide on-site childcare or stipends to employees for childcare expenses. Tax credits would also be available to for-profit childcare providers that voluntarily participate in the state’s childcare quality rating program, and donors to nonprofit childcare providers for the improvement or operation of the facilities.
SB336 – Research and Development Corridors Bill
Sponsor: Sen. Jabo Waggoner
BCA Position: Support
Status: Enacted
Additional Information: This bill allows municipalities to authorize the incorporation of a research and development corridor within the corporate limits as a public corporation for the purpose of undertaking activities or acquiring property by the corridor, and using its revenues for the establishment, benefit, or support of qualified enterprises.
HB6
Sponsor: Rep. Juandalynn Givan
BCA Position: Oppose
Status: Pending action in House Commerce and Small Business Committee
Additional Information: This bill would mandate an employer to provide a location and reasonable break time for an employee to express breast milk.
HB18
Sponsor: Rep. Juandalynn Givan
BCA Position: Oppose
Status: Pending action in House Judiciary Committee
Additional Information: This bill would create a cause of action against an employer who discriminates against an applicant or employee based upon the applicant or employee’s weight or body size.
HB21
Sponsor: Rep. Chip Brown
BCA Position: Monitor
Status: Delivered to Governor
Additional Information: This bill would require genetic testing companies to obtain express consent from consumers to retain, use, and share consumers’ genetic information with other entities. This bill would also create a civil penalty for use and disclosure by testing companies of consumer genetic information without consent and provide for enforcement by the Attorney General.
HB73
Sponsor: Rep. Phillip Pettus
BCA Position: Monitor
Status: Delivered to Governor
Additional Information: This bill would provide for a cap on real property tax assessments under certain conditions.
HB92
Sponsor: Rep. Troy Stubbs
BCA Position: Monitor
Status: Passed in House; second reading in Senate
Additional Information: This bill would provide for further filing requirements in civil actions relating to asbestos exposure claims.
HB118
Sponsor: Rep. Ben Robbins
BCA Position: Monitor
Status: Pending action in House Ways and Means Education Committee
Additional Information: This bill would establish an income tax credit to recruited or remote workers.
HB167
Sponsor: Rep. Chris Sells
BCA Position: Oppose
Status: Passed in House; second reading in Senate
Additional Information: This bill would require smart phone and tablet manufacturers to require that devices manufactured on or after January 1, 2025, contain a filter that is enabled during the activation of the device if the user is a minor, and only allow a user with a password to deactivate or reactivate the filter.
HB202
Sponsor: Rep. Anthony Daniels
BCA Position: Monitor
Status: Pending action in House State Government Committee
Additional Information: This bill would create a protected class of workers and independent contractors who have a private right of action if they are assaulted at their workplace while performing, directly or indirectly, their official job duties.
HB205
Sponsor: Rep. Prince Chestnut
BCA Position: Monitor
Status: Pending action in House Commerce and Small Business Committee
Additional Information: This bill would prohibit retail establishments from prohibiting cash as a payment source to purchase goods or services.
HB230
Sponsor: Rep. Margie Wilcox
BCA Position: Support
Status: Enacted
Additional Information: This bill repeals the statute requiring corporations maintain certain records to provide an annual report to the Secretary of State.
HB238
Sponsor: Rep. Phillip Rigsby
BCA Position: Oppose
Status: Currently indefinitely postponed
Additional Information: This bill would prohibit pharmacy benefits managers from reimbursing a pharmacy less than the actual acquisition cost paid by the pharmacy or from contracting with a health insurer to receive payment amounts for prescription drug benefits that are different from the amounts the pharmacy benefits managers pay pharmacies. This would cost an estimated $275 per Alabamian per year at the pharmacy counter or $1,100 for a family of four.
HB242
Sponsor: Rep. Ben Harrison
BCA Position: Monitor
Status: Pending action in House Judiciary Committee
Additional Information: This bill would create a private cause of action for employers who discriminate against military servicepersons.
HB327
Sponsor: Rep. Alan Baker/Sen. Greg Albritton
BCA Position: Support
Status: Enacted
Additional Information: Relating to geologic storage, this bill would provide that the possessory right to pore space below surface real property is vested in the surface owners and may be separately conveyed.
HB391
Sponsor: Rep. Ben Robbins
BCA Position: Oppose
Status: Pending action in House Insurance Committee
Additional Information: This bill would provide that if an injured employee is covered by a health insurance policy, a health care provider authorized by the employer may bill the health insurance for the certified medical care and if the health insurance covers the claim, the employer’s workers’ compensation insurance will reimburse the health insurer.
HB401/SB313
Sponsor: Rep. Ed Oliver
BCA Position: Oppose
Status: Pending action in House Insurance Committee/pending action in Senate Banking & Insurance Committee
Additional Information: This bill would prohibit surprise billing by setting a minimum rate for health insurers to pay out-of-network ground ambulance providers, which would be considered payment in full. This rate would be a multiplier of the current Medicare reimbursement amount. Under this bill, a ground ambulance provider could directly charge an individual for no more than the in-network cost-sharing amount under the insurance contract.
HB402/SB264
Sponsor: Rep. Terri Collins/Sen. Arthur Orr
BCA Position: Monitor
Status: Pending action in House Commerce and Small Business Committee/pending action in Senate Fiscal Responsibility and Economic Development Committee
Additional Information: This bill would define the term “mass balance attribution” as an optional chain of custody accounting method to record the input and output of materials. This bill would provide that a recovered materials processing facility is a manufacturing facility for purposes of the Solid Wastes and Recyclable Materials Management Act.
HB441
Sponsor: Rep. Danny Garrett/Sen. Kirk Hatcher
BCA Position: Support
Status: Delivered to Governor
Additional Information: The Growing Alabama Act, the Innovating Alabama Act, the Alabama Jobs Act, and the governing definitions and powers granted to Innovate Alabama rely on the federal definition of New Market Tax Credit census tracts for eligible projects. The federal map of census tracts will change on September 1, 2024, making some communities that are currently eligible for state incentives ineligible. This bill allows those existing communities to still qualify for the named initiatives and incentives.
SB45/HB14
Sponsor: Sen. David Sessions/Rep. Craig Lipscomb
BCA Position: Oppose
Status: Pending action in Senate Agriculture, Conservation, and Forestry Committee/pending action in House State Government Committee
Additional Information: This bill would require regulations by the State Health Officer relating to fish consumption advisories and require the Alabama Department of Environmental Management to test fish for pollutants and post signage at relevant boat ramps notifying of active fish consumption advisories.
SB50
Sponsor: Sen. Gerald Allen
BCA Position: Support
Status: Enacted
Additional Information: This bill prohibits a governmental entity from restricting a person or other entity from acquiring or using an appliance based solely on the type of energy or energy generation used to operate the appliance.
SB52
Sponsor: Sen. Arthur Orr
BCA Position: Monitor
Status: Currently indefinitely postponed
Additional Information: This bill would prohibit balance billing by ground ambulance services and provide for reimbursement amounts to be paid by insurers to out-of-network ground ambulance providers. The Department of Insurance would be authorized to obtain the data necessary for insurers to pay out-of-network ground ambulance providers.
SB53
Sponsor: Sen. Arthur Orr/Rep. Susan DuBose
BCA Position: Monitor
Status: Delivered to Governor
Additional Information: This bill would eliminate the eligibility to work form for persons of 14 and 15 years of age.
SB58
Sponsor: Sen. Arthur Orr
BCA Position: Monitor
Status: Pending action in Senate Banking and Insurance Committee
Additional Information: This bill would make it a crime, with exceptions including criminal investigation and certain legal proceedings, to collect, analyze, or transfer an individual’s DNA without the individual’s express consent. The bill would require notice to an individual of results of a genetic test undergone by the individual when applying for employment, a loan, credit, an educational opportunity, and certain types of insurance.
This bill would also prohibit health, life, and long-term care insurers from using the results of an individual’s DNA analysis to make coverage and premium decisions and authorize the Commissioner of Insurance to enforce the prohibition.
SB60
Sponsor: Sen. Arthur Orr
BCA Position: Monitor
Status: Passed in Senate; second reading in House
Additional Information: This bill would transfer $5 million from the Rebuild Alabama fund to the Alabama Department of Economic and Community Affairs to create an inland port and intermodal fund.
SB112
Sponsor: Sen. Sam Givhan/Rep. Tim Wadsworth
BCA Position: Monitor
Status: Delivered to Governor
Additional Information: This bill would modify the Alabama Business and Nonprofit Entities Code.
SB119
Sponsor: Sen. Robert Stewart
BCA Position: Monitor
Status: Enacted
Additional Information: This bill would increase civil and criminal penalties for an employer who violates child labor laws.
SB172
Sponsor: Sen. Rodger Smitherman
BCA Position: Oppose
Status: Pending action in Senate Judiciary Committee
Additional Information: This bill would create a cause of action against an employer for discrimination based on hairstyle.
SB213
Sponsor: Sen. Arthur Orr
BCA Position: Monitor
Status: Currently indefinitely postponed
Additional Information: This bill relates to data privacy and would require certain notifications, registration, and security methods for consumer data brokers.
SB220
Sponsor: Sen. Dan Roberts
BCA Position: Monitor
Status: Passed in Senate; pending action in House Ways and Means General Fund Committee
Additional Information: This bill would prohibit certain companies affiliated with the People’s Republic of China from entering public contracts with a public awarding authority.
SB231
Sponsor: Sen. Arthur Orr
BCA Position: Support
Status: Delivered to Governor
Additional Information: This bill would condition an employer’s eligibility for economic development incentives upon the employer refraining from certain practices relating to employee representation by a labor organization.
SB236
Sponsor: Sen. Larry Stutts
BCA Position: Monitor
Status: Pending action in Senate State Governmental Affairs Committee
Additional Information: This bill would eliminate the certificate of need requirement for any proposed new or expanded medical facility or health care service that is to be located in a rural area.
SB293
Sponsor: Sen. Arthur Orr
BCA Position: Support
Status: Pending action in Senate Judiciary Committee
Additional Information: This bill would enhance transparency and fairness in litigation by requiring disclosures from litigation finance companies and third-party medical financiers; offering consumer protections for plaintiffs; limiting excessive negligence claims against employers; establishing a presumption of independent contractor relationships through written contracts; clarifying evidence for medical expenses to amounts paid or owed; and banning misleading advertisements about damages recovered in lawsuits.
SB330
Sponsor: Sen. Arthur Orr
BCA Position: Oppose
Status: Pending action in Senate Transportation and Energy Committee
Additional Information: This bill would amend the definition of a “renewable energy generation facility” which is an activity eligible for incentives under the Alabama Jobs Act.
Capitol Briefing Tuesday Morning Issues Briefing BCA hosted House Rules Committee Chairman Joe Lovvorn to close out a great session of Tuesday Morning Issues Briefings during the 2024 legislative session.
Capitol Briefing Tuesday Morning Issues Briefing BCA hosted Senator Greg Albritton, the Senate General Fund Budget Committee chairman, this week to provide an overview of Alabama’s fiscal position and offer
Capitol Briefing Tuesday Morning Issues Briefing House Education Budget Chairman Danny Garrett joined BCA to discuss ongoing initiatives in the State House – the budget process and the Working for