Winter is almost over. The coming of Spring means flowers, cutting grass, weekend trips to the beach, lazy days on the lake fishing, turkey hunting, and baseball. It also means the Alabama Legislature is returning for the 2023 Alabama Regular Legislative Session. The constitutional purpose of the legislative session is to pass the state budgets for 2024. However, Alabama has 105 members of the State House of Representatives and 35 members of the Alabama Senate, and all of them have their own ideas about laws that they want to change.
Thirty-six bills have already been pre-filed ahead of the session.
Some of these bills will be dead on arrival and won’t even get a hearing in committee.
Some bills, like increasing the scope of practice for podiatrists to include procedures on the ankle, are debated almost every year. This year that bill is being carried by Sen. Greg Albritton as Senate Bill 8 (SB8). The podiatrists’ scope of practice is limited by state law. This bill would make Alabama more in line with other states regarding podiatry. In the past, this legislation has been staunchly opposed by orthopedic surgeons and the Alabama Medical Association.
One bill on a fast track toward passage increases the criminal penalties for drug traffickers who sell and distribute fentanyl. House Bill 1 is sponsored by State Representative Matt Simpson. This bill “would provide for mandatory terms of imprisonment for a person who engages in the unlawful sale, manufacture, delivery, or possession of one or more grams of fentanyl as a single component. This bill would also impose additional criminal penalties for subsequent violations.”
As introduced, HB1 would make the sale, manufacture, or possession of one gram or more of fentanyl “trafficking” under Alabama Law. The penalty for one to less than two grams of fentanyl would be a mandatory minimum sentence of three years in prison and a minimum fine of $50,000. If two grams, but less than four grams, the mandatory minimum sentence would be ten years and a fine of $100,000. For four grams or more but less than eight grams, the sentence would be at least 25 years and a fine of $500,000. If eight grams or more life and $750,000.
107,000 Americans died of drug overdoses in 2021 – most of them from fentanyl. In Alabama, high schools dealing with overdoses during the school day is becoming a real problem for teachers and administrators. New Speaker of the House Nathaniel Ledbetter told reporters during the organizational session in January that Simpson’s legislation will be a top priority for the House Republican Caucus this session. Expect early movement on this bill.
Senate Bill 12 (SB12) would make Law Enforcement Memorial Day, which is celebrated on the first Friday in May of each year, a state holiday. The bill was sponsored by State Sen. Will Barfoot. State Rep. Russell Bedsole has introduced similar legislation in the House as HB5.
House Bill 4 (HB4) would make it a felony for employers to have their employees microchipped. HB4 “would prohibit employers and certain other individuals from requiring another individual to be implanted with a microchip. This bill would also make a violation of this act a Class D felony.” HB4 is sponsored by State Rep. Prince Chestnut.
House Bill 24 (HB24) would ban persons “from loitering on a public roadway or in the right-of-way of a public roadway.” HB24 is sponsored by Rep. Reed Ingram. The legislation would also ban fishing from bridges.
House Bill 6 (HB6) is a parental rights bill sponsored by Rep. Kenneth Paschal. HB6 would “provide that the government may not burden certain fundamental rights of parents unless the burden is narrowly tailored to a compelling state interest.” The bill affirms that fit parents have a fundamental right “to direct the education, upbringing, care, custody, and control of their children.”
State Rep. Ed Oliver has introduced a bill to ban the teaching of divisive concepts. That legislation is House Bill 7. “This bill would prohibit certain public entities, including state agencies, local boards of education, and public institutions of higher education, from promoting or endorsing, or requiring affirmation of, certain divisive concepts relating to race, sex, or religion.”
Banned concepts would include:
a. That any race, color, religion, sex, ethnicity, or national origin is inherently superior or inferior.
b. That individuals should be discriminated against or adversely treated solely because of their race, color, religion, sex, ethnicity, or national origin.
c. That the individual moral character of an individual is solely determined by his or her race, color, religion, sex, ethnicity, or national origin.
d. That solely by virtue of an individual’s race, color, religion, sex, ethnicity, or national origin, the individual is inherently racist, sexist, or oppressive, whether consciously or subconsciously.
e. That individuals, by virtue of race, color, religion, sex, ethnicity, or national origin, are inherently responsible for actions committed in the past by other members of the same race, color, religion, sex, ethnicity, or national origin.
f. That fault, blame, or bias should be assigned to a race, color, religion, sex, ethnicity, or national origin, or to members of a race, color, religion, sex, ethnicity, or national origin, solely on the basis of race, color, religion, sex, ethnicity, or national origin.
g. That any individual should be asked to accept, acknowledge, affirm, or assent to a sense of guilt, complicity, or a need to apologize solely on the basis of his or her race, color, religion, sex, ethnicity, or national origin.
House Bill 14 (HB14) by Rep. Chris England would require that a death penalty sentence can only be applied when there is a unanimous vote of the jurors to impose the death penalty. Presently all it takes is a majority of the jurors.
House Bill 12 (HB12), also sponsored by England, would make it a class A misdemeanor if a person carrying a concealed firearm fails to inform law enforcement upon request that he or she is in possession of a concealed pistol or firearm. This is already required under the law as set in the permitless carry bill that passed last year. This would, however, provide for penalties if the citizen failed to inform the law enforcement officer of the weapon when asked to do so.
The regular session will begin on Tuesday, March 7. Alabama Gov. Kay Ivey will address a joint session of the legislature in the historic Alabama Capitol Building that night, where she will deliver her state of the state address. Legislative committees can begin debating bills that next day. The state constitution limits the Alabama regular session to a maximum of 30 legislative days. Typically, about 1,200 bills will be introduced during that period of time. Most will never become law.
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