2022 Alabama Legislative Session Guide

 
 

Legislative Priorities | Key Players | Resource Guide

The three little pigs, the three musketeers, Goldilocks and the three bears. We’re all familiar with these iconic trios and the rule of three, especially the literary buffs among us, but here at PERITUS PR we believe good things come in fours. Please join us in celebrating the end of Alabama’s quadrennium, which also marks the fourth anniversary of our annual legislative guide!

If you’ve been a loyal reader since chapter one, you may remember our 2019 legislative guide which defined a quadrennium (spelling bee challenge that just means our state’s four-year cycle of elections): “Every quadrennium, the House and Senate are required to reorganize which sometimes shakes things up with leadership.”

With redistricting behind us (more on that later, no spoilers), we’re headed into a major election year to line us up for the new quadrennium. How will that affect this year’s legislative session? Don’t bookmark us just yet; keep reading.

Quadrennium Synopsis: Looking back before we look ahead

Broadband expansion, prison reform, cannabis legalization—oh my! We know you are likely still reeling after the plot twists of 2020 and 2021. It’s a struggle to remember what life was like in the prologue to such a transformative year, but it’s important context to set us up for what’s next.

Because COVID stole the show in 2020, lawmakers had a lot of catching up (AL.com) to do in 2021, convening for a total of three sessions. After the 2020 regular session, we also saw the legislature gather for two special sessions: one on redistricting and another on prison reform. For more about redistricting, check out AP’s story. For more about prisons, keep reading.

If you’re an avid reader, consider looking back at our session guides and recaps.

At this point, we can hardly make odds and ends of the “new normal,” but it’s worth mentioning that this chapter of the Alabama Legislature may look atypical (Montgomery Advertiser) due to the rise of Omicron. Since 2022 is an election year and the end of the quadrennium, the regular legislative session starts earlier than it would in a typical year with legislators convening in Montgomery on Tuesday, Jan 11. With remnants of holiday cheer still in the air, recharge those Kindles, because it’s time for the legislature to hit the ground running.


TABLE OF CONTENTS: This year’s legislative priorities

It’s a big election year (Alabama Daily News) for the state. In November, Alabama voters will have their say on who replaces U.S. Sen. Richard Shelby. At home, officials including Gov. Kay Ivey will be up for reelection, so we can expect for this to be a "red meat” legislative session with issues like vaccine and mask mandates, Critical Race Theory, constitutional carry and anti-rioting dominating the docket. That being said, we can predict a few policy genres we’ll see movement on. This year, we’re going to the subject matter experts for their takes on the hot button issues.

 
 

BUDGETS

We’ve scribbled this in the margin for years, and we’ll do it again: passing the budgets is the only item legislators are constitutionally required to pass during the regular session. That’s right: budgets—with an “s”. (ICYMI, Alabama is one of only a few states with two budgets: an Education Trust Fund for all things schooling and a General Fund for, well… everything else.) The state is doing quite well financially despite the COVID-19 pandemic, but every rose has its thorn. With federal dollars (Alabama Daily News) rolling in, the challenge (Associated Press) for lawmakers is determining where to direct them. The pièce de resistance, allocating $580 million in American Rescue Plan funds, could even lead (Alabama Daily News) to a special session. (Rumor has it ARPA could be putting the “bands” in broadband—more in the footnotes.)

Let’s hear from Friend of Peritus and Alabama Daily News Publisher Todd Stacy about where the chips may fall:

 

“I spoke to Finance Director Bill Poole the other day and he said the revenue increases the state is seeing are historic, exceptional and also not sustainable. State tax revenues are infused with so much COVID relief money that has filtered through businesses and individuals to eventually make it into state coffers. Well, that may be nice for this year and next, but we know that it won't last. So, lawmakers have a real challenge in passing prudent, responsible budgets without overcommitting the state to funding increases that can't be sustained five or ten years later. Part of that will be using as much money as possible to pay down existing debt and set aside funds in rainy day accounts.

Of course, separate from the budgets is allocating some $580 million in ARPA funds. This is one time money and lawmakers agree that they don't need to spend it on programs or services that will require future appropriations. That's why you'll hear a lot about investing in broadband infrastructure and improving water and sewer services in rural areas. I expect this to be the first issue the Legislature tackles, partly because they want to get ahead of other states who might also want to spend their ARPA money on the same type projects.”

INNOVATION

A new chapter begins for the state’s innovation efforts after the Alabama Innovation Commission delivered its final report to Gov. Ivey in November 2021. The report includes 25 legislative recommendations to build a more robust, inclusive economy to be carried out by the Alabama Innovation Corporation, a public/private partnership established in last year’s regular session (as recommended by the Alabama Innovation Commission). With Innovate Alabama’s playbook in hand, lawmakers have the tools they need to strengthen to Alabama’s innovation ecosystem.

What’s in the report and why does it matter? Here’s some foreshadowing from Friend of Peritus and Alabama Innovation Corporation member Abe Harper:

 

“I think there is something to be said about a plan of action so relevant that lawmakers feel compelled to take interim actions as it is still being written. Additionally, in the final report, a few key topics—such as Rural Access to Broadband, University Innovation Support, Talent Attraction/Talent Retention, and Access to Capital—continue rising to the surface throughout. I would be hard pressed to believe that these would not become hot topics during this legislative session as well.”

EDUCATION

Education is all about accessibility. Access to broadband, college and career readiness programs, quality summer and after-school care, proficient math and literacy instruction and more equitable opportunities are a few of the many issues that affect Alabama students. Education is a perennial policy priority. We’d be remiss not to mention the elephant in the room: Critical Race Theory (Brookings Institute). As controversy sweeps the nation (Ed Week) about whether to include CRT in public education, some Alabama lawmakers have already taken a firm stance, prefiling a handful bills last year on the topic including HB8 and HB9 which expressly aim to prohibit public K-12 schools, higher education public institutions, and state and political subdivisions “from teaching certain divisive concepts relating to race or sex.” CRT is not the only education issue on the docket though. Other expected hot topics include early childhood education (Yellowhammer News) and the Alabama Literacy Act (Shelby County Reporter), a bill regarding third-grade holdback requirements.

Some novel perspective from Friend of Peritus and Vice President of Policy at A+ Education Partnership, Corinn O’Brien:

 

“With the COVID pandemic still looming and the national conversation influencing discussions on everything from masks to Critical Race Theory to learning loss, it seems like education issues have never been more front and center than this moment. There is not a shortage of issues that Alabama legislators can take up this session. However, we may see movement in a few bills this session focused on tackling several of our bigger, long-standing challenges, like math, literacy, workforce, and student data infrastructure.

Additionally, with Alabama receiving over $3 billion in federal COVID relief for schools, it’s critical that we don’t miss this moonshot moment to invest these dollars effectively in evidence-based & cost-effective strategies to accelerate student learning.”

ECONOMIC DEVELOPMENT

Don’t judge a book by its cover. As the nationwide “labor shortage” continues to dominate conversations surrounding economic development, it’s more complex than it may appear. Even after federal stimulus funds dried up, labor force participation is still not back to normal. Why? Read more about the nuanced reasons why folks aren’t going back to work in this story from the Associated Press. And despite down-trodden sentiments about the economy, Alabama is DEWEY alright. (Too much? Sorry, we couldn’t help ourselves.) With an influx of federal funds and continuity in consumer spending, we can hope to see Alabama on the up and up this year.

Don’t take our word for it, here’s what Friend of Peritus and Executive Director of the Economic Development Association of Alabama Jim Searcy has to say:

 

“Alabama continues to experience economic growth and increasing economic diversity. The state’s continued commitment to rural economic development, innovation, and entrepreneurship will pay significant dividends going forward. Alabama’s advantage is a result of our leadership continuing to work in concert. We’re all pulling together in the same direction.”

HEALTH CARE

During the special session on redistricting, lawmakers passed (AL.com) two bills to push back on federal vaccine mandates. Gov. Ivey signed (AL.com) SB 9 and SB 15 into law, allowing medical and religious exemptions from employer vaccine mandates and requiring parental consent for minors seeking a COVID-19 vaccine. Plot twist: COVID-19 and vaccines aren’t the only health topics expected to be discussed during this year’s legislative session. Medicaid expansion has been a hotly debated topic not just in Alabama but on a national level since the Obama administration. Expanding Medicaid would not only secure access to health care for hundreds of thousands of uninsured Alabamians, but it would also create thousands of jobs.

It’s polled (AL.com) favorably on both sides of the aisle so what’s the hold up? Friend of Peritus and Chief Advocacy Officer for Ascension St. Vincent’s Brian Massey put down some ink on his perspective:

 

“Medicaid expansion is a great deal for Alabama any way you look at it. In the 38 states that have expanded access, their citizens have experienced improved health outcomes, increased individual financial security and hospitals have lower uncompensated care costs. Given the health of the General Fund budget coupled with the federal government recently including financial incentives for Alabama to expand, thereby lowering the cost of expansion, there has been no better time to expand.

As the state's only Catholic healthcare provider, we believe in the dignity and worth of every individual, desiring that all individuals have access to healthcare so that they may flourish in society and expansion is the primary way our state can maximize this good to the greatest number of Alabamians, giving all people access to timely care and preventative screenings.”


FOOTNOTES: SparkNotes on a few more items worth mentioning

  • Abortion: Following the Supreme Court’s ruling on Texas’s abortion ban, Alabama could be following suit. Last year several lawmakers pre-filed (Associated Press) similar legislation, the Alabama Heartbeat Act.

  • Broadband: As the coronavirus pandemic continues to rear its ugly head, access to reliable, high-speed internet is more important than ever. Last week, the Alabama Department of Economic and Community Affairs (ADECA) released (Yellowhammer News) a map identifying underserved and unserved areas. This map is a foreword for what’s to come when ADECA presents their Alabama Connectivity Plan during the session.

  • Constitutional Rewrite: Time for spring cleaning? A recompilation committee will present (Associated Press) a revised Alabama Constitution for approval, removing racist language and making the document more functional.

  • Criminal Justice Reform: The saga to end them all: Will construction on new, ARPA-funded facilities begin early this year as planned (Alabama Daily News) or will the U.S. Treasury intervene (Forbes)? After a federal judge issued (Associated Press) some urgent marching orders, the pressure is on for the Alabama Department of Corrections to make a move.

  • Gambling: Favorable yet controversial, an Alabama lottery is likely (Yellowhammer News) to make an appearance but not to pass.

  • Pistol Permits: The plot thickens and tension rises (AL.com) between lawmakers and law enforcement. After the legislature legalized lifetime pistol permits last year, a controversial bill to allow permitless carry has been filed (Alabama Political Reporter) for the nth time.


GLOSSARY, INDEX AND RESOURCE GUIDE: New book, same characters

Gov. Ivey recently announced fresh faces joining her staff, but legislative leadership remains the same—for now. The following officials uphold their roles from the 2020 legislative session, but we will see some changes (Montgomery Advertiser) after this election year—Rep. Mac McCutcheon (Montgomery Advertiser) and Rep. Victor Gaston (Montgomery Independent) have already announced they will not seek reelection. Rep. Mike Jones has his sights set on a new State House chamber and announced (Alabama Political Reporter) he will run for an Alabama Senate seat.


STEP INTO THE STORY: Choose your own adventure

Reading up on the legislative session is not quite a beach read, but it’s a page-turner with a driving plot you don’t want to miss. And better yet, you can become the protagonist. How? We’re glad you asked.

  1. Start by getting familiar with the legislature’s new and improved (Alabama Daily News) website, the Alabama Legislature Informative System Online (AKA our friend “ALISON”).

  2. Then, follow these official state house profiles so you can get your news straight from the horse’s mouth:

3. Next, follow some of our favorite #ALPolitics reporters who can add a bit more color to the story:

4. Last but not least, reference these trusty resources to find out how this all impacts YOU and how to make your voice heard:


EPILOGUE: Our published by Peritus takeaway is this…

You’ve read this far, but it is merely a preface. For now, the pages ahead are unwritten. Step into the story and drive your own fate. Take stock of how policy impacts you and your community. Then do something about it. This is nonfiction—while Montgomery may seem far, far away like Oz, what happens there hits close to home.

Legislators will convene in Montgomery beginning Tuesday, Jan. 11. And then they lived happily ever after…?

Just kidding—we haven’t even gotten to the good part. Follow Peritus’ Twitter and Instagram accounts for key updates throughout the session.


Written by Bella Tylicki, Mary Elizabeth Roberson, Elizabeth Paul and Louise Oliver. Creative by Sally Goodloe.