2017 Newsletter Issue 2 Feb. 17, 2017
From Our DesK: Bills played second fiddle to several events this week. Speculations continue to swarmthe statehouse surrounding Strange’s appointment to the U.S. Senate as well as theappointment of the current District Attorney of Marshall County, Steve Mitchell,to the post of Alabama Attorney General. Fewer than 24 hours later, the new AG confirmedthat there is an ongoing investigation by the Attorney General’s office of theconduct of Governor Bentley and others on whether there were any criminal orethical violations and then the newly appointed AG recused himself from theproceeding. Many lawmakers felt duped by the fact that the impeachment hearingsin the House were on hold from a request by then AG Strange. That process is set to again gear up. Further stymieing the process was a HouseResolution HJR 20 by Rep. Barry MooreEnterprise. HJR 20 urges Congress, especiallyits Alabama delegates, to support President Donald Trump's Government ReformAgenda. That resolution forced House members to meet virtually all day and halfof the night. Still others were rattled by a bill entitled, “Americans FirstAct.” HB 100 by Rep. Phil WilliamsHuntsville would set up a way to block fundingfor state colleges and universities which establish "sanctuary"policies and ignore state or federal immigration laws. Williams said in a news article, "there is growing sentiment to defy laws among college students and young people who are swayed by the media and other influences." However, there are bills that have yet to be introduced forconsideration this session and rest assured that we have analyzed all 454 todate that have been dropped in the hopper. On the radar for next week: impressionable college students, undercover investigations and controversial legislation. Stay tuned...
Bill of the Week HB 226: Under existing law, Robert E. Lee's birthday is an enumerated legal public holiday observed on the third Monday in January. This bill would specify that Robert E. Lee's birthday would be observed on the fourth Monday in April. In other words, removing Robert E. Lee from being celebrated on the same day as Martin Luther King, Jr.'s birthday/recognized holiday (FYI: MLK Jr's Birthday is Jan. 15). One small problem: Bobby Lee's birthday is Jan. 19.
Workers Comp Bills Dropped in the Hopper SB 196 by Sen. ArthurOrr-Decatur: This legislation addresses fraudulentworkers' compensation claims. Under existing law, a person who knowingly makesfalse or fraudulent material statements or representations for the purpose ofobtaining workers' compensation benefits for him or herself or anotherperson is guilty of a Class C felony. This bill would expand the type ofactivity related to workers' compensation fraud that is subject to criminalpenalties, would authorize an award of civil damages for persons injured by anindividual's fraudulent workers' compensation claim, would allow the departmentto immediately terminate compensation payments upon a determination of fraud,and would provide for the repayment of fraudulently obtained workers'compensation benefits with interest to employers and carriers. SB 196 was sent to the Senate Fiscal Responsibility &Economic Development Committee. SB 89 also by Sen. ArthurOrr-Decatur: The bill would revise portions of the workers' compensationlaw to limit an employer's liability for permanent total disability benefitsafter the sixty-fifth birthday of the employee, and to limit the obligation ofan employer to pay medical benefits if an employee does not seek medicalattention for a claimed work injury within a certain time period. SB 89was referred to the Senate Fiscal Responsibility & Economic DevelopmentCommittee.
UnemploymentCompensation Bill Introduced Sen. ArthurOrr-Decatur was a busy-bee this week and also introduced SB 188. This legislation may affect a multitude of businesses and individuals in Alabama.
As many of you are aware, under existing law the maximum amount ofbenefits payable to an in individual in a benefit year is the lesser of 26times his or her weekly benefit amount and one third of the wages paid to theindividual for insured work during a base period. This legislation wouldrevised the maximum amount of benefits to an individual in a benefit year to bethe lesser of 14 or 20 times his or her weekly benefit amount and one-fourth ofthe wages paid to the individual for insured work during a base perioddependent upon the state’s average unemployment rate. In a nutshell, it revises the maximum weekly benefit amount to anamount that is an equal division of the current weeks compensated of theaverage of the wages for insured work paid to the individual during the twoquarters of his or her base period in which the total wages were the highest.If the state’s average unemployment rate is at or below 6.5 percent, with anadditional weekly benefit amount added for each .5 percent increase in thestate’s average unemployment rate above 6.5 percent up to a maximum of 20 timeshis or her weekly benefit amount if the state’s average unemployment rateequals or exceeds nine percent and one fourth of the wages paid to him or herfor insured work during his or her base period.SB 188 was referred to theSenate Fiscal Responsibility & Economic Development Committee.
Bill Mandating Electronic Bidding Introduced HB 236 by Rep. Randy Davis-Daphne was also dropped in the hopperthis week. The bill would require awarding authorities to make provisions forthe submission of bids by secure electronic means. HB 236would not apply to the Division of Construction Management within theDepartment of Finance, State Board of Education, or Class 8 municipalities.More than half of the cities in Alabama are considered Class 8 municipalities,which is defined as population of 5,999 or fewer. Under current law, if the awardingamount is more than $50,000 and the awarding authority is a state or a countyor an instrumentality thereof, it shall advertise for sealed bids at least onceeach week for three consecutive weeks on a newspaper of general circulation onthe county or counties in the improvement or some part thereof is to be made.If the authority is a municipality or an instrumentality thereof, it shalladvertise for sealed bids at least once in a newspaper of general circulationpublished in the municipality where the awarding authority is located. The billexcludes Department of Transportation. This bill amends that section of thelaw to mandate that the entities except those exempted above to make theprovisions necessary for bidders to submit elections bids through a secure,interactive, electronic environment for all purchases requiring competitivebidding. The submission of a bidelectronically shall be the option of the bidder and submittedwith an electronic and digital signature and may not be view-able by theawarding authority or any other person until the date and time of the bidopening. All bid related documents shall beposted to the website accepting electronic bids at time of bid release. Serviceproviders shall provide the awarding authorities the option to store recordspertaining to each bid process for minimum of six years after the bid processexpires. The bill further states that the electronic bidding service providershall assure that all vendors submitting electronic bids hold awardingauthorities harmless for issues associated with the electronic bid submittal.
The bill does not apply to agovernmental entity that does not have high speed internet in their facility ordoes not use high speed internet in their facility or purchases made by anawarding authority pursuant to separate statutory provisions. HB 236 was referred to the House Committee on County andMunicipal Government.
This Week in Alabama History February 15, 1854 Alabama establishes a statewide public school system. The legislation, which provided funding for the system and created the position of state superintendent, cited the state's 1819 constitution as the basis for a system of free schools in Alabama: "Schools and the means of education shall forever be encouraged in this State."
Motionless Monuments This week the Senate delayed a vote on SB 60, by Sen. Gerald AllenTuscaloosa, legislation that would bar changes to historic monuments in Alabama. Even though it was voted favorably out of the Senate Committee of Governmental Affairs, once it made it to the floor it was determined the Senators needed more time for review. The bill would forbid changes to or the removal of monuments that have been on public land for more than 50 years.This bill also denies municipalities the ability to name/rename a county, municipality, school, street, bridge, building, park, preserve, or reserve which is located on public property. To be able to even try to make changes, there is a lengthy process (listed in the legislation) one would have to jump through hoops for, and then some.
Ban-the-Box Back Again SB 200 by Sen. QuintonRossMontgomery: Ban-the-Box legislation has resurfaced this session. This bill wouldprohibit employers from inquiring an applicant's arrest or conviction historyfor consideration of a job until after the applicant has received a conditionaljob offer. There is an exception when a conviction is directly related to thejob position. SB 200 was referredto the Senate Judiciary Committee.
The Long Road for a Bill to Become a Law: Senate Edition 1. Introduction in the Senate, first reading, and 2. 3. 4. 5. 6. 7. 8. 9. 10.
11. 12. 13.
referral to appropriate committee. Committee hearings, discussion, etc. Bill may die in committee from lack of action or by vote. Reported from committee, second reading, and placement on calendar. Amendments, debate, third reading and vote on passage. If bill passes, it is sent to the House of Representatives. If not, bill may receive no further consideration, unless reconsidered. First reading and referral to appropriate committee in the House. Committee hearings, discussion, etc. Bill may die in committee from lack of action or by vote. Reported from committee, second reading, and placement on calendar. Amendment, debate, third reading and vote on passage. If it fails to pass, it may receive no further consideration, unless reconsidered. If bill passes in identical form by both houses, it is returned to Senate, enrolled, signed by presiding officers of both bodies, and sent to the Governor.10A. If bill passes with a House amendment and the Senate concurs, it is enrolled, signed by presiding officers of both bodies, and sent to the Governor.10B. If bill passes with a House amendment and the Senate does not concur, bill may be sent to conference committee composed of members of both bodies. If conference committee agrees to a compromise, report of conference committee is sent to both bodies. If not, bill dies from lack of action or another conference committee may be appointed to try to resolve differences. If both bodies accept compromise, bill is enrolled, signed by the presiding officers of both bodies, and sent to the Governor. BILL BECOMES LAW: -If Governor signs; -If Governor fails to sign while Legislature is in session, as provided by the Constitution; or -If, having been vetoed by Governor, it is repassed by a majority vote of both bodies. If not repassed, bill is dead.
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Legislature Reconvenes Feb. 21, 2017
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