REALTOR® supported companion bills passed out of a Senate committee on Wednesday. HB 230, sponsored by former Rep. Randall Shedd, and SB 154, sponsored by Sen. Josh Carnley (R-Enterprise), received favorable reports after Sen. Carnley outlined the legislation. Both bills are now in position to be voted upon by the full Senate. 

The legislation reaffirms Alabama's existing Real Estate Consumers Agency and Disclosure Act framework, emphasizes early discussions of brokerage services and compensation, and protects consumers from premature binding contracts. It clarifies that consumers in Alabama cannot be required to sign a binding contract simply to view a property, and also requires a written buyer agreement before an offer to purchase is submitted, which ensures clear terms of representation. This balanced approach urged by AAR aims to provide greater transparency and consistency for both real estate professionals and consumers.

AAR successfully added REALTOR®-requested amendments to several proposed pieces of legislation last week. As discussed in a prior CNN here, HB 201prohibits the use of a drone near a school without the consent of the superintendent and in any place an individual has an expectation of privacy, like a backyard. AAR worked with the bill’s sponsor to exempt REALTORS® and other license professionals who use drones to photograph or view property, which preserves the needs of our members while ensuring home and property owners are protected from unreasonable privacy intrusions.

Another House bill, HB 280, is intended to deter the occurrence of un-permitted house parties that attract hundreds of ticket-buying attendees. The bill as presented would add counties and public institutions of higher education to the public nuisance statutes currently limited to municipalities, and allow these entities to recoup expenses from events that occur without a permit. AAR worked with the sponsor to strike counties from the bill and provide protections for property and business owners, landlords, and property managers who are not involved in the nuisance events.

Sen. Tim Melson (R-Florence) has sponsored SB 42, which would set a process for landowners adjacent to an abandoned road,such as a right-of-way, to reclaim the road. AAR is working with Sen. Melson to add an amendment that ensures the bill does not negatively impact landowners down the road or right-of-way with no other access to their property.

Pharmacy Fee Bills Face Opposition - An on-going topic of discussion in the State House are competing bills that would allow pharmacies to charge a dispensing fee of $10.64 for each prescription they fill. Proponents say the bill would better compensate small, independent pharmacies that often lose money on prescriptions when reimbursements rates lower than the cost of the prescribed drugs. Opponents argue that these fees will simply increase prescription and insurance costs for employers and consumers. The Senate Banking and Insurance Committee held a public hearing on the bills, but no vote was taken.

Several Bills Addressing Social Media and Minors Filed – Reps. Ben Robbins (R-Sylacauga) and David Faulkner (R-Birmingham) each filed legislation related to social media. HB 235 bans children 16 years old and younger from owning a social media account with an exception for accounts created or monitored by parents, while HB 276 places limitations and controls on the accounts of minors under 18 and restricts them from communicating with adult accounts not followed by the minor. Both bills had public hearings last week, but no vote was taken. 

Immigration Bills Filed and Moving – At least five bills relating to illegal immigration are currently moving through the House or Senate. The Senate already passed SB 63, which requires law enforcement agencies to collect the DNA and fingerprints of illegal aliens who are arrested for crimes. The four bills being considered by the House include:

• HB 7 would allow law enforcement agencies in Alabama to partner with federal agencies and provide state troopers, sheriff’s deputies, and police officers the authority to arrest illegal immigrants based upon their status.
• HB 297 would impose a 4% fee on monetary wire transfers originating in Alabama and sent to foreign countries. Because the bill is targeted at illegal immigrations who do not pay income taxes, any individual who files a state tax return may claim a tax credit on the fees they pay.
• HB 302 would place fines and criminal penalties on labor brokers, which are unlicensed entities that act as a go-between for workers and temp or staffing agencies, if they fail to register with the state and use the federal E-Verify system to confirm the legal status of their clients. 
• HB 304 authorizes law enforcement to impound vehicles driven without a valid driver’s license. 

Occupational Licensing Reform Bill Filed – Sen. Chris Elliott (R-Josephine) is back with a pared down bill affecting some occupational licensing bodies. SB 193 would fold over a dozen very small occupational licensing bodies into one newly created entity. The bill’s intent is to cut down on the administrative cost for these boards and move away from the current model, which sees many of these small boards enter into a private contractor agreement for management. 

The Legislature reconvened earlier today at what have become the customary times of 1 p.m. in the House and 2 p.m. in the Senate. The week is expected to use two legislative days with a committee day on Wednesday. The pharmacy fee and illegal immigration bills are expected to command attention.