Articles

Anticipated Immigration Bill Introduced in the House

 To date, David Campbell and Miller Development have worked countless hours to examine, collaborate and offer meaningful revisions to a highly anticipated immigration reform bill that addresses illegal workers. Many thanks to the bill sponsor, Representative Ben Robbins for sharing the draft and reaching out to Campbell for his expertise in wording that would not have unintended consequences for SubAla members. 

Also, on Thursday House leadership including the Speaker Ledbetter and Majority Leader Stathagen convened interested parties to continue the dialogue on this bill. While additional changes could be made, the legislation has drastically changed to continue to address the issues of those in the business community, especially industries in the residential and commercial construction industry along with farmers and poultry as well as the hotel industries.  

The bill was introduced on Tuesday and is HB 302 called the Foreign Worker Transparency Act. It would regulate labor brokers recruiting foreign workers to Alabama by requiring registration with the Department of Workforce, mandatory use if E-Verify and compliance with sponsorship reporting requirements. It would grant enforcement authority to the Secretary of Workforce and the Attorney General, imposing fines, penalties and potential business revocation for non-compliance. Employers would also be required to disclose foreign worker immigration details and sponsors of lawful aliens would be held financially liable for unfulfilled support obligations. 

Robbins told press outlets that the bill “protects Alabamians hard earned tax dollars by making illegal immigrants pay taxes, preventing immigrants from taking benefits they do not deserve, and holding labor brokers fiscally responsible. We are putting an end to circumventing the system. Alabama will have the most protected workforce in America and will take a hard stand against shadowy figures trafficking humans into Alabama to exploit cheap labor.”
 
Highlights of the revisions have resulted in the following changes from the original version. The definition and placement of the term “subcontractor” will continue to be tweaked to reflect that it applies to entities acting as labor brokers. Changes thus far include: 

*Limited the scope of the bill and primarily applies to labor brokers. Labor brokers are entities that recruit foreign workers for placement with a third party.
*The registration and reporting requirements and the civil and criminal penalties do not apply to a worksite employer.
*Authorized Alien only applies to individuals lawfully present on the basis of parole, asylum, or humanitarian grounds. 
*The most crucial change made in the bill is the change of the knowledge standard for liability. The knowledge standard for business liability when the entity or subcontractor hires an illegal alien has been heightened from “should have known” to the wording of “actual knowledge.”

Other immigration Bills Also Emerge in House
HB 297 is sponsored by Rep. Fidler of Fairhope and would impose a 4 percent wire transfer fee on international money transfers originating from Alabama. A portion of the revenue generated by this fee would go to community sheriffs who are now housing ICE detainees in the jails, and ELL programs in public schools. Alabama residents would be able to receive a tax credit to offset the transfer fees. Rep. 
Fidler said that there has been unprecedented influx of illegal immigrants to the state in the last four years and that many work in jobs that are not subject to the state income tax.  She said they send earnings overseas and to cartels who helped them enter the country. 

Fidler said the bill will aid communities burdened by the influx and allow them to receive 2.5 % of the wire transfer fee to aid in the education of the English Language Learners and health related needs that affected communities are now absorbing. The other 1.5% is designated for law enforcement. The bill does have a sunset provision that would require lawmakers passing a bill to continue this provision in remaining law.  

Still other bills introduced were HB 298 by Rep. Colvin of Albertville that would exclude certain English Language learner students from a public school’s average daily membership when determining athletic competition classification. He said the bill will restore safety and fairness to high school sports.  

HB 3 by Rep. Brown of Mobile area would mandate enhanced sentencing for illegal aliens convicted of felonies against minors and upgrades misdemeanor offenses against minors to class C felonies. HB 304 by Rep. Kiel of Russellville would authorize the impoundment of vehicles operated unlawfully by individuals without a valid driver’s license which is a common occurrence among illegal immigrants. The bill also restricts local governments from issuing identification cards which could otherwise be used by illegal aliens to circumvent state laws. The bill sponsor said by impounding unlawfully operated vehicles and restricting local governments from issuing IDs that can be misused, we are making Alabama a safer place for its citizens. 

Competitive Bid Bill Inches Closer to Passage
A bill by Senator Wes Kitchens that streamlines the bid process is now postured for final passage. On Wednesday SubAla was on hand as the House committee quickly gave a favorable nod to the bill along with the House companion. The bill shortens the time to file an intent to protest of the bid from 14 days to just 5 calendar days among other streamlining provisions. The bill sponsor said that the longer time period had a delaying component that in reality could be diminished by having the shorter time to enter the intent to file a protest. It did not change the time allowed to file a protest but merely the intent portion. The Senate version is now pending final action on the floor.

Revisions to Title 39 Construction Law May Be Introduced Soon
SubAla has engaged in discussions of draft legislation that could be introduced in the 2025 legislative session. It is being discussed by the Alabama Law Institute that periodically reviews subjects such as bid laws, the uniform commercial code and other topics based upon lawyer input and national trends.  

While the draft does state that the current design build is and would remain the traditional and primary method of contracting in the state of Alabama, it seeks to authorize four types of design delivery methods for the public awarding authorities. They include designations for construction manager at risk, design build, design build, operate and maintain, and design build finance operate and maintain.  

Project Limitations are also addressed and this draft deviates from previous bills where the ADM was limited to projects under a certain dollar amount. It caps the number of projects an awarding authority may procure using the ADM method to 10% annually. This should allow entities to choose to use the model for unique or special projects but still allow smaller contractors to bid on some ADM projects.  

It also includes a sunset provision that would discontinue the law in five years unless reauthorized by the legislature. Since this is a major deviation from current Public Works law it essentially allows for a pilot project period so that the law can be evaluated for impact.  

Finally, the bill as drafted seeks oversight and requires specific reporting requirements to the public and makes the rules and regulations promulgated by the Department of Construction Management or other awarding authorities subject to the Administrative Procedures Act. The APA requires notice of intent to promulgate a particular rule, the essence of the rule, and a comment period to offer written and sometimes public testimony on such rules. The legislature then has the ultimate authority and oversight prior to the rule being adopted and implemented.

The bill allows for an advisory committee comprised of those in the industry to oversee the development of rules and procurement procedures as it pertains to the ADM.     

Employment Related Bills Continue to Languish/Minimum Wage
Repeal Bill Introduced
While the bills that provide mandates for businesses in the area of employment and the workplace saw no movement, we will add another bill to our watch list this week.  

Rep. Neal Rafferty of Birmingham wants to repeal law that blocks cities from raising the minimum wage. If enacted, it would repeal the 2016 state law that prevents a local government from implementing a minimum wage higher than the federal minimum wage. Under the Act, the Alabama legislature regulates collective bargaining, wages, leave and employment benefits as stipulated under federal law. 

The Act was fast tracked by the legislature to block an August 2015 Birmingham City Council measure that would have raised the minimum wage to $10.10.   

As previously reported the “so called ban the Box” bill that surfaced in the Alabama legislature as a danger bill for employers. The bill makes it unlawful to inquire from a job applican’ts information relating to arrests or convictions, and criminal records but was not heard in committee to date. SubAla continues to track two bills on the House side that are non-starters in the area of employment law. One bill requires a business to provide a room and reasonable breaks for breast feeding and the other bill states that employers cannot evaluate weight, hair color and other subjective features when considering and evaluating job applicants.   

Additional Requirements to Obtain Unemployment Compensation Sees no Committee Action This Week in The Senate    
Despite the speedy passage of the bill to place additional steps to continue unemployment compensation the Senate committee failed to consider the bill this week.   

The bill aims at raising the requirement from three to five inquiries from businesses to qualify for unemployment compensation, but an amendment was added prior to passage that leaves the existing number of three contacts per week for those that reside in counties with a population of less than 12,000 people. The bill also recognizes a practice called “ghosting” where a potential applicant fails to respond to a scheduled interview or call back. The bill does address job offers that can be turned down due to lack of skill set, distance of job and less money than the previous employment.   

There are around an estimated 127,000 available jobs but the state spends 1.5 million dollars on unemployment compensation this year.  As already reported, the Senate rejected portions of the requirement of five visits and settled on two just last year.
  
No Movement in Senate for Bills that Speed Up Permits/Licenses
Two bills supported by SubAla that were eligible for floor debate were not considered this week. Instead, the Senate floor action centered on red meat Republican bills and the controversial bill among Veterans and lawmakers that restructure the Department of Veteran Affairs.  

These bills could surface in the Senate in the next coming weeks with lots of time to become law.  The bill sponsor said the reason for the bill is the lack of inaction by governmental entities in issuing permits and licenses. The first bill is SB 12 and if passed it states that state or local agencies cannot condition the issuance of a permit to operate businesses on having been granted a different permit or license from another agency. Elliott also filed a bill that requires a governmental agency to issue a license within 45 days or the license is deemed approved.  

Many SubAla members have justifiably complained of the length of time it has taken to receive a license or permit for no valid reason. Elliott believes government should be in the business of helping businesses not slowing down their efforts to operate due to unnecessary delays by governmental entities. Although amendments were adopted to clarify when a permit or license was conditioned on another approval in a state statute or Federal law, the League of Municipalities does not favor the bills. 

SubAla joins a host of groups in support of the bills that included the National Federation of Independent Businesses and AGC. 

Building Code Revisions Expanding the Scope of Architects Stalled
Some lawmakers fear the uniform code for non- residential buildings could hurt in the recruitment and building for industries wanting to locate their plant in Alabama. SubAla continues to monitor the bill that seeks to standardize non-residential building codes and expanded the role of an architect. The bill with some revisions passed the House but was not in committee this week in the Senate. In order to become law, a bill must pass both the House and the Senate.

Bill Filed to Consolidate Many Occupational Licensing Boards into the Alabama Department of Workforce.
Yesterday, State Sen. Chris Elliott (R-Josephine) filed legislation to consolidate 19 occupational licensing boards into the Alabama Department of Workforce.

Senate Bill 193 would establish the Office of Occupational and Professional Licensing within the Alabama Department of Workforce to serve as a “centralized entity providing leadership, support, and oversight to certain professional or occupational licensing boards operating within the state.” The bill would provide for the appointment of an executive director, deputy directors, and other staff for the office, including investigators. It would provide uniformity for certain provisions relating to licensing, fees, funding, and expenses.

If passed, commencing on October 1, 2026, the bill would transfer to the office the Board of Examiners of Assisted Living Administrators, Alabama Athletic Commission, Alabama Board of Athletic Trainers, State Board of Auctioneers, Alabama Professional Bail Bonding Board, Board of Examiners in Counseling, Alabama Board of Electrical Contractors, Alabama Electronic Security Board of Licensure, State Board of Genetic Counseling, Board of Home Medical Equipment, Alabama Board for Registered Interior Designers, Alabama Licensure Board for Interpreters and Transliterators, Alabama Board of Examiners of Landscape Architects, Alabama Board of Examiners in Marriage and Family Therapy, Alabama Massage Therapy Licensing Board, State Board of Midwifery, Alabama Private Investigation Board, Alabama State Board of Prosthetists and Orthotists, and the Alabama Security Regulatory Board.

Many licensing boards that regulate various occupations in Alabama are managed by a hired employee or administrative services firm. Some legislators have been critical of the management of some licensing boards in recent years.

Elliott told 1819 News on Thursday the bill was a “good government efficiency bill” and compared it to the Trump administration’s Department of Government Efficiency (DOGE) efforts. 

He said the bill is similar to licensing legislation he’s filed in past sessions.

“It is not the sexiest thing in the world, but it is absolutely something we need to focus on. It’s something I’ve been focused on before anyone was talking about DOGE, and now everybody is talking about DOGE,” Elliott said.

The bill would also transfer the Sickle Cell Oversight and Regulatory Commission to the Alabama Department of Public Health and the Alabama Drycleaning Environmental Response Trust Fund Advisory Board to the Alabama Department of Environmental Management.