Get the Daily News Digest in your inbox each morning. Sign Up

Legislative briefs for April 25

House approves effort to criminalize medical examiners who retain organs during autopsies

Members of the Alabama House voted Thursday to approve a bill that would establish severe criminal penalties for state medical examiners who retain organs when performing autopsies without consent.

Under the bill, which was sponsored by Rep. Chris England, D-Tuscaloosa, the retention of organs without consent would constitute a Class C felony, punishable with up to ten years in prison. Existing law in Alabama does prohibit the practice, but carries no criminal penalties.

England has said that the bill was a response to several incidents in which the bodies of deceased Alabama inmates have been returned to their families – after state-ordered autopsies – with organs missing.

Those incidents are still being litigated in court, with perhaps the most high profile among them being Audrey Dotson v. Alabama Department of Corrections, which stems from when an Alabama inmate’s body was returned to their family without a heart.

The bill was adopted by the House with one dissenting vote from Rep. Chad Robertson, R-Heflin.

 

Senate approves ABC tax bill 

The Alabama Senate on Thursday approved legislation that could increase the sales tax on products sold at  Alabama Alcoholic Beverage Control stores.

Senate Bill 309, sponsored by Sen. Steve Livingston, R-Scottsboro, changes the additional  state sales tax rate assessed in ABC retail stores from 2% to being equal to the combined county and  municipal general sales tax rates.

Livingston has previously said the bill would “level the playing field” for individual and private  businesses who have to assess the local taxes on the same products. The combined  average of the county and municipality tax rates is 5.33%.

Based on fiscal year 2022 data, the bill would increase receipts to county general funds by an  estimated $5.1 million and municipal general funds by an estimated $6.7 million.

The bill now goes to the House.

House, Senate want reports on colleges’ funds from ‘countries of concern’

The Alabama Senate approved Thursday a bill requiring public colleges in Alabama to disclose each year money received from “foreign countries of concern.” 

Those countries outlined in House Bill 330 by Rep. Matt Woods, R-Jasper, are China, Russian, Iran, Korea, Qutar, “and any other country determined to be a country of concern by the United States Department of State.”

Colleges and universities that are required to submit documents disclosing foreign financial support to the National Science Foundation must report the same information to the governor and some legislation leadership.

The bill was passed unanimously in the House previously and passed the Senate 33-0. An amendment in the Senate meant it returned to the House for agreement. From there, it will go to the governor.

 

House axes distressed college loan program after Birmingham Southern fallout

The Alabama House voted unanimously Thursday to repeal a loan program that was established last year to facilitate state-funded loans for financially distressed colleges and universities.

Sponsored by Rep. Juandalynn Givan, D-Birmingham, the bill would simply repeal the Distressed Institutions of Higher Education Revolving Loan Program, which was spearheaded by Birmingham area lawmakers last year in an effort to rescue Birmingham Southern from closure. 

That bill allowed the state treasurer to approve institutions’ loan applications and Young Boozer last year refused BSC’s, in part because of credit issues. The university in March said it will close in May after operating for 168 years.

“I stand in a precarious situation because I represent the area, but I would never do anything against the people of Alabama,” Givan said on the House floor. “If it’s broken, it’s broken, and if it can’t be fixed, it cannot be fixed.”

Rep. Danny Garrett, R-Trussville, said that the establishment of the program last year was a learning process for lawmakers.

“During this time, we did learn how difficult this is going to be to get a loan out of this program,” Garrett said. “One of the main conditions was that the institution had to be able to provide a collateral, and that’s just very practically difficult to do.”

 

Vaccine parental consent mandate bill passes in House

A bill that would mandate minors receive parental consent to receive a vaccine passed in the Alabama House mostly along party lines on Thursday.

In the version of the bill adopted by the House, the mandate would only apply to unemancipated minors, or those still living under the authority of a parent or guardian. Rep. Chip Brown, R-Hollingers Island, the sponsor of the bill, said it was about parental rights.

Some House members – all Democrats – took issue with the bill, including newly-elected Rep. Marilyn Lands, D-Huntsville.

“There are many instances where I think children should be able to consent for themselves,” Lands said.

“I think that the families where you have a child that wants a vaccine and isn’t having their parents involved in that decision is for very legitimate reasons, and I want to protect those children.”

The House ultimately voted to adopt the bill with a vote of 81-17.

 

Senate passes criminal penalties for clergy who have sex with minors 

The Alabama Senate passed Senate Bill 317 on Thursday which would put into law specific prohibition and penalties for clergy members convicted of sexual acts with youths under 19 years old or a protected person under the age of 22. 

SB317, sponsored by Sen. Roger Smitherman, D-Birmingham, states that it is unlawful for a  minister, priest, rabbi, bishop, any recognized member of the clergy or any staff member or volunteer to engage in sexual intercourse with this individual. A violation of this is a Class B felony.  Other acts and penalties are outlined in the bill, as is distributing obscene materials to minors, a Class C felony.

The bill now goes to the House. If signed into law, it would become effective immediately.

 

‘Second Amendment Financial Privacy Act’ near final passage

The Alabama Legislature is close to giving final passage to the “Second Amendment Financial Privacy Act.” It prohibits financial institutions including banks or credit card companies from distinguishing firearm retailers from other retailers in payment and transaction records.

It also says that except for criminal investigations or prosecutions, no government entity can “keep or cause to be kept any list, record, or registry of privately owned firearms or the owners of firearms.”

Senate Bill 281 by Sen. Tim Melson, R-Florence, and House Bill 389 by Rep. Shane Stringer, R- Citronelle. It also says financial institutions can’t “discriminate against firearms retailers by declining a lawful payment card transaction based solely on the assignment or non-assignment of a firearms code.”

Melson’s bill was approved in the Senate this week and Stringer’s advanced through the House Financial Services Committee on Wednesday and now awaits a House vote.

 

Bill bans drones near ADOC prisons

Flying unmanned drones above or near Alabama Department of Corrections’ prisons or property would be a Class C felony under a bill approved in a Senate committee on Wednesday.

“The Department of Corrections has brought to our attention the instances of drones dropping contraband onto property,” Rep. Matt Simpson, R-Daphne, told the Senate State Government Affairs Committee. “The drone situation has increased dramatically over the past couple of years.”

According to Simpson, in 2023 instances of drone interference reached 17, nearly tripling the 2022 totals.

“As of little over a month ago, there were already 13 instances in 2024,” Simpson said.

House Bill 345 also carries a $2,500 fine and additional penalties for those caught with contraband.

The bill awaits a vote on the Senate floor for final passage.

Get the Daily News Digest in your inbox each morning.

Name(Required)
This field is for validation purposes and should be left unchanged.

Web Development By Infomedia