2025 Alabama Legislative Update: Regular Session - Week Nine

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App Store Regulation and Device Filters

On Thursday, the Senate passed legislation, sponsored by Senator Clyde Chambliss, regarding app store regulation. Under this legislation, parental permission is required before a minor enters into a contract with a provider; it requires apps to accurately provide age ratings to ensure parents can give informed consent, requires app store providers to verify the age of users and protect this information, require apps to notify users when a significant change to the app is made, and prohibits contracting or enforcing contracts with a minor. The Senate also passed related legislation that would require mobile device manufacturers to enable parental filters for minors as a default setting. Both bills will now go to the House for consideration.

Economic Development 

The Senate FRED committee has given a favorable report to the Powering Growth Act, sponsored by Senator Arthur Orr, which establishes the Alabama Energy Infrastructure Bank under the State Industrial Development Authority (SIDA). This initiative will enhance Alabama’s energy infrastructure, boosting economic development and driving industrial growth across the state. Additionally, this week, lawmakers advanced the Energy Funding Bill, sponsored by Senator Roger Smitherman, which reallocates resources from the Alabama 21st Century Fund to support energy infrastructure and economic development projects. These pieces of legislation now move to the whole Senate for consideration. 

Religious Released Time 

This week, the Senate Education Policy Committee gave a favorable report to a religious liberty and parental rights bill, sponsored by Senator Shay Shelnutt. The bill requires local school boards to create policies for off-campus religious instruction with parental consent, funded privately. Private sponsors would assume liability and provide transportation. Additionally, strict attendance records must be kept and made available to the school. The legislation also provides broad discretion for local school boards to create their own policy.

“The bill is designed to provide local control and flexibility, ensuring the districts can implement policies that best suit their needs while respecting the constitutional rights of students and parents,” Senator Shellnut said. While addressing the legislation, Senator Shellnut acknowledged that some groups have been disseminating misleading information that this legislation somehow interferes with local control, leading to individuals mistakenly opposing the bill. “If the policy they implement is super narrow because this does not work in their district in any way, then so be it,” Shelnutt said. “If this does not fit into the day, then the policy will be so narrow as will affect the time constraint, and no program will be able to fit in the policy, so they can do what they want to.” This legislation now moves to the whole Senate for consideration.

Lanken Riley Act 

This week, the House passed a bill, sponsored by Representative Ernie Yarbrough, that authorizes local law enforcement to enforce federal immigration laws. The bill allows local officers to partner with federal agencies like the Department of Justice and Homeland Security to address illegal immigration. The bill, named in memory of a college student tragically murdered in Georgia, aims to enhance cooperation between state and federal authorities. Critics argue that the bill could face constitutional challenges, particularly regarding the determination of an individual's nationality during incarceration. This bill will now move to the Senate for consideration.

Recapture of Jobs Act Incentives

This week, legislation, sponsored by Senator Merika Coleman, which mandates the recapture of economic incentives in certain circumstances, received a favorable report from the House Ways and Means Education Committee. Specifically, this bill updates the requirements for project agreements under the Jobs Act. The legislation adds a specific provision to these agreements, mandating the recapture of incentives if a company is found guilty of violating human trafficking laws or federal child labor provisions under the Fair Labor Standards Act. This legislation now moves to the whole House for a vote.

Lulu’s Law

On Thursday, the House passed legislation, sponsored by Representative David Faulkner, to establish a shark alert system for Alabama beaches. This legislation, titled Lulu’s Law, is inspired by Mountain Brook teen Lulu Gribbin, who survived a shark attack last summer off the Florida Panhandle. The alert system will function similarly to Amber and Silver Alerts, sharing information with mobile devices and first responders. During discussion on the floor, Speaker Nathaniel Lednetter indicated to the members that Florida will be taking up similar legislation. This bill will now move to the Senate, where it is expected to move quickly through the legislative process.

ALFA Farm Plan

A public hearing was held this week in the Senate Banking and Insurance Committee on comprehensive legislation proposing the creation of a new type of "health plan" that would be exempt from most state and federal laws and regulations. The Alabama Farmers Federation (ALFA), the primary supporter of the bill, would be authorized to market and sell these plans. Opponents at the hearing expressed concerns about the lack of consumer protections in the bill, as a provision regarding the Department of Insurance’s oversight was removed from the bill on the House floor last week. Proponents argued that the plan offers an alternative to traditional health insurance for a small group of farmers. This bill will be voted on by the Senate Banking and Insurance Committee in the near future.

Cannabinoid Legislation

This week, the Senate FRED committee gave a favorable report to legislation, sponsored by Representative Andy Whitt, that would more strictly regulate psychoactive cannabinoids like Delta-8 and Delta-10. The bill proposes that the Alabama Alcoholic Beverage Control (ABC) Board oversee the licensure of manufacturers and retailers, ban all hemp-derived inhalable products, and restrict sales of these products to individuals over 21 years old. It also includes requirements for labeling and testing, imposes a THC content cap, and imposes an excise tax. Proponents argued that this would hurt businesses, while opponents emphasized the dangers of certain unregulated cannabinoid products during the public hearing. Some members of the committee noted that these substances should be banned outright. The Senate will be reviewing the multiple pieces of cannabinoid legislation filed this session in an attempt to craft a compromise bill.

Ten Commandments in Schools

On Thursday, the House passed a bill, sponsored by Representative Mark Gidley, requiring the display of the Ten Commandments in public schools across the state. The bill requires that local boards of education and public colleges display the commandments and a context statement in common areas. The bill allows for donations to fund the displays and does not require schools to use their own funds. The legislation now moves to the Senate for consideration.

Ban on School Gender Instruction

This week, the House passed legislation, sponsored by Representative Mack Butler, that expands the existing state law to prohibit classroom instruction or discussion related to gender identity or sexual orientation in public schools. 

The bill reinstates language requiring instruction to be “age appropriate or developmentally appropriate for students in accordance with state standards.” It also prohibits public school employees from displaying flags or insignia related to sexual orientation or gender identity in classrooms. This bill now moves to the Senate for consideration.

Status of the Legislature

The legislature used two working days this week, bringing its current total to 23 of its allotted 30 legislative working days. 

As of April 18, 601 bills have been filed in the House, and 333 bills have been filed in the Senate.

The House will reconvene on Tuesday, April 22, at 1:00 PM, and the Senate will reconvene on the same day at 2:00 PM. Upon return, the legislature is expected to use two legislative working days.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Maynard Nexsen

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