Only four legislative days have passed in the 2023 Alabama Regular Legislative Session, but already 372 bills have been filed by legislators. Alabama Today has worked on writing about as many of these as possible so that our readers stay informed on issues before the Alabama Legislature. Two hundred bills were filed in the last week alone. Below is a short recap of 15 of these.
Senate Bill 143 (SB143) by State Senator Will Barfoot targets youth gangs. The legislation seeks to identify members of criminal gangs. SB143 would enhance penalties for any criminal activity that benefits, promotes, or furthers the interest of a gang. The bill would establish mandatory consecutive penalties for any individual who knowingly possesses, uses, or carries a firearm during the commission of any act intended to benefit, promote, or further the interest of a gang. This bill would require any juvenile 16 or older to be tried as an adult for any gang-related criminal activity. State Representative Allen Treadaway has introduced similar legislation in the House – HB191.
House Bill 217 (HB217) is sponsored by State Rep. Anthony Daniels. It would exempt overtime from state income taxes and a substantial tax cut for many hardworking hourly workers. Under existing law, gross income is defined for state income tax. Also, the existing law exempts certain amounts from the calculation of gross income. This bill would exclude work performed in excess of 40 hours in any week from being included in the gross income calculation. Daniels, the House Minority Leader, has some powerful cosponsors on this legislation, which has just dropped, including Speaker of the House Nathaniel Ledbetter and education fund budget Chairman Danny Garrett. Sen. Sam Givhan has introduced similar legislation in the Senate – SB137.
House Bill 115 (HB115) by Rep. Danny Garrett would lower the top state income tax rate. Under existing law, Alabama levies an individual income tax at rates ranging from two percent on taxable income to a top rate of five percent on taxable income. This bill would phase in a reduction in the top tax rate from five percent to four and ninety-five hundredths percent.
House Bill 181 (HB181) by Rep. Mack Butler would prohibit financial institutions from disclosing certain customer financial records of firearms transactions. HB181 would 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.
Butler told Alabama Today that he did not believe that credit card companies need to be tracking customers’ gun and ammunition purchases.
“That’s too much information for the credit card companies or the government to have,” said Butler. “The Sons of liberty would have had a big problem with that.”
Senate Bill 144 (SB144) by Barfoot would address the shortage of judges by creating three additional circuit judgeships and two additional district judgeships to be funded out of the State General Fund in Fiscal Year 2024.
House Bill 209 (HB209) by Rep. Jamie Kiel would effectively outlaw ballot harvesting in Alabama. This bill would prohibit any person from distributing, ordering, requesting, collecting, completing, obtaining, or delivering an absentee ballot application or absentee ballot of another person in certain circumstances and would provide for exceptions. This bill would prohibit any person from receiving a payment or providing payment to another person for distributing, ordering, requesting, collecting, completing, obtaining, or delivering an absentee ballot application or absentee ballot of another person in certain circumstances. This bill would also establish criminal penalties for violations.
HB209 already has 42 House cosponsors.
Senate Bill 141 (SB141) by Sen. Linda Coleman-Madison lowers the crime of chemical endangerment of a child to a misdemeanor under some circumstances. Under existing law, a person commits the crime of chemical endangerment of a child if the child is exposed to a controlled substance, chemical substance, or drug paraphernalia. A violation is a Class C felony. This bill would provide that chemical endangerment of a child where the child is exposed to marijuana or drug paraphernalia is a Class A misdemeanor. This bill would also provide that a confirmatory positive drug test must be obtained before an agency or law enforcement initiates any action for a violation.
Senate Bill 127 (SB127), sponsored by Sen. Merika Coleman, would expand the statute of limitations on civil suits for alleged sexual misconduct, and it would be retroactive. Under existing law, a civil action for an injury to an individual that involves certain sex offenses must be brought within six years. This bill would expand the statute of limitations for certain sex offenses.
Senate Bill 130 (SB130), sponsored by Sen. Vivian Figures, would move the official state celebration of Confederate General Robert E. Lee’s birthday as a state holiday observed on the third Monday in January to the second Monday in October. Currently, the state celebrates Robert E. Lee’s birthday on the same day as Martin Luther King Jr.’s birthday. SB130 would move Robert E. Lee’s birthday to Columbus Day, so Robert E Lee Day would remain a state holiday but would not add a new state holiday.
House Bill 187 (HB187), sponsored by Rep. Chip Brown, would require parental or guardian’s consent for a minor to get a vaccine. Under existing law, a minor 14 years of age or older may give consent for medical, dental, and mental health services for themselves without parental consent. HB187 would require consent of a parent or a legal guardian for any minor to receive a vaccination. This became an issue during the recent COVID-19 global pandemic.
House Bill 186 (HB186), also by Brown, would allow a parent to opt their child out of any school policy requiring students to wear a face covering at school, at a school function, a school bus, or at a school bus stop. Many parents were upset that their schools required face masks during the pandemic.
House Bill 182 (HB182), sponsored by Rep. Traci Estes, would expand the definition of a dependent to include an unborn child. Under current law, taxpayers are allowed a dependent exemption for a son or daughter for computing income subject to the income tax levied by the state. Alabama law already protects the unborn child from elective abortions, and laws in the state code protect children during the nine months before birth.
Senate Bill 53 (SB53), sponsored by Sen. Tom Butler, would exempt U.S. Department of Defense conferences and other events held in the state from compliance with state laws relating to public health that conflict with a regulation, law, or condition required by the Department of Defense for attendance at the event.
Senate Bill 132 (SB132), sponsored by Sen. Rodger Smitherman, would provide that a missing and endangered person alert can also be issued for missing persons who have been abducted. Under existing law, a missing and endangered person alert can be issued for missing persons living with certain disabilities or conditions. This simply expands that existing law to include abducted persons.
Senate Bill 119 (SB119), sponsored by Sen. Coleman-Madison, would require a person who is 16 years of age or older to be tried as an adult for any felony offense involving the use of a dangerous instrument against an employee of a juvenile detention center or the Department of Youth Services. Under existing law, a person 16 years of age or older may be charged, arrested, and tried as an adult for a felony offense involving the use of a dangerous instrument against certain persons, including a juvenile court probation officer or official.
The Legislature is taking spring break this week but will return to Montgomery for the 2023 Alabama Regular Legislative Session on Tuesday, April 4, for the fifth legislative day.
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