Advocate for Schools
2016 Enactment Legislation
This publication of 2016 enacted legislation includes only enactments of interest to education and school boards. For a copy of any act listed above, click the act number or view government records at www.sos.state.al.us.
2016 Regular Legislative Session Enacted Legislation
2016-96 Authorizes a portable Do Not Attempt Resuscitation (DNAR) physician’s order; requires a form be adopted by the state Board of Health; provides that a health care provider may refuse to honor a DNAR and provides for a patient to be transferred to another provider. Note: Look for rules and policies to be developed to address how portable DNAR orders will be implemented in schools. Effective June 1, 2016. (S.138)
2016-102 Creates the Alabama Renewal Act to provide income tax credits to increase use of the state’s port facilities up to $5 million annually with a cumulative cap of $12 million for the life of the program; creates the Growing Alabama Credit to provide a $5 million tax credit in FY2016 for cash contributions to a local economic development organization; and a $10 million credit for fiscal years 2017-2020 (reducing Education Trust Fund receipts; reduced FY2017 ETF appropriations cap by $10 million): creates the Renewal of Alabama Commission, of which one member will represent higher education and one member will be an employee or board member of a public K-12 school system. Effective July 3, 2016. (H. 34)
2016-139 Creates the Alabama Ahead Act to provide, when funding is available and a local school board chooses to participate, the following resources to students beginning in the 2016-17 school year: (1) wireless broadband access via high-quality Wi-Fi infrastructure in schools as first priority; (2) upgrades, expansions and maintenance of existing Wi-Fi infrastructure; and (3) devices, digital content, management systems, debt service or support. Provides that to participate, a school system must apply to the state Department of Education; creates the Alabama Ahead Oversight Committee and provides for its membership and duties. Effective April 11, 2016. (H.41) Note: See supplemental appropriation: 2016-248
2016-166 Creates the Alabama School Bus Safety Act to authorize the use of automated school bus enforcement devices; permits local school boards to work with local law enforcement to enforce a civil violation for overtaking a school bus; provides 40 percent of the $300 civil fine be paid to the school system; 40 percent to the local governing body involved; 10 percent to the state Department of Education; and 10 percent to the Alabama State Law Enforcement Agency. Effective July 1, 2016.(S.215)
2016-198 Provides a salary increase for public education employees for the fiscal year beginning Oct. 1, 2016, as follows: (1) a 4 percent salary increase for public K-12 employees earning less than $75,000 annually; (2) a 2 percent salary increase for public K-12 employees earning $75,000 or more; (3) a 4 percent salary increase for public school principals and assistant principals; and (4) a 4 percent salary increase for two-year postsecondary employees; also provides parameters for when additional compensation is to be provided for advanced degrees earned and provides for the state Department of Education to establish rules. Effective April 26, 2016. (H.121)
2016-199 Appropriates $6.33 billion from the Education Trust Fund for the support, maintenance and development of public education in Alabama, for debt service and for the capital outlay for the fiscal year ending Sept. 30, 2016. Effective October 1, 2016.(H.117)
2016-248 Provides a supplemental appropriation in the current fiscal year ending Sept. 30, 2016, of $15.5 million to the state Department of Education to: (1) provide funds pursuant to the Alabama Ahead Act to local school systems for the installation of wireless networks in all public schools; (2) provide matching funds to apply for federal E-Rate program funds; or (3) provide funds to local school systems which meet required wireless network standards to use towards their state-approved technology plan; additionally appropriates $5.9 million to the Alabama Community College System for equipment and/or deferred maintenance. Effective May 3, 2016. (H.123) Note: See Alabama Ahead Act: 2016-139
2016-268 Establishes “Leni’s Law” to authorize the use of cannabidiol (medical marijuana) for specified debilitating conditions that produce seizures; extends prior law that limited use to medical trials. Effective June 1, 2016. (H.61)
2016-298 Amends the competitive bid law to extend the length of time to contract for purchases or contractual services from three to fives years; allows purchases under a general services administration contract and nationwide cooperative purchasing program. Effective May 10, 2016. (H170)
2016-297 Extends the date by which a child must turn 6 to be eligible to start first grade for the school year from Sept.1 to on or before Dec.31. Effective May 10, 2016. (H.168)
2016-310 Establishes the Jason Flatt Act to further provide for annual suicide prevention training for certificated school system personnel; requires school systems to implement a program to the extent the Legislature appropriates funds or other sources are provided; creates an advisory committee. Effective August 1, 2016. (S.11)
2016-346 Provides a supplemental appropriation in the current fiscal year ending Sept. 30, 2016, to provide: $1.6 million to the Department of Education ($800,000 for the Governor’s At-Risk program and $800,00 for the Governor’s High Hopes program); $77,000 to the Department of Archives and History; $75,000 to the Alabama Commission of Higher Education to use for the Police Officer’s and Firefighter’s Survivor’s Educational Assistance Program; $15,632 to the Sick Cell Commission; $799,527 to state Department of Education for statewide student assessments; and upon certification/approval of the Gardendale City school system, transfers to it any Foundation Program/state funds formerly allocated to the Jefferson County school system for students who will attend the Gardendale City school system. Effective May 11, 2016. (H.122)
2016-347 Removes the statutory requirement for a county superintendent to maintain an office at the county seat. Effective August 1, 2016. (H.124)
2016-352 Codifies the state Board of Education’s standard to require elementary students receive cursive writing instruction by the end of third grade; requires local boards of education to annually certify to the state Board of Education that the requirement is being met. Effective August 1, 2016. (H.218)
2016-354 Creates a Class A misdemeanor for school employees who transmit obscene material or solicit sexual contact with a student; classifies sexual contact by a school employee with a student as a Class C felony. Effective May 11, 2016. (H.238)
2016-389 Requires state agencies to submit reports to the legislature regarding each economic tax incentive to assess: (1) whether the incentive met its purpose and who benefited; (2) whether the state receives a positive return on investment and the impact on state and local tax revenues; and (3) economic impact including unintended consequences, harms or benefits; requires a schedule of tax incentives to be provided every four years beginning in 2018; requires legislative budget committees to conduct hearings on each tax incentive every odd-numbered year to recommend whether to modify, discontinue or take no action on each incentive. Effective May 12, 2016. (S.208)
2016-398 Allows garnishment of an individual’s Teachers’ Retirement System benefit by a circuit court clerk for restitution if the following are met:(1) the amount of restitution is $1,000 or greater; (2) the person is a retiree or beneficiary receiving TRS benefits; and (3) the case has been assigned to the district attorney’s restitution recovery division. If requirements are met, no more than 25 percent of the monthly gross amount, less any deduction for child support or health insurance for any dependents, shall be applied to the balance of the court order. Effective August 1, 2016. (S.366)
2016-115 Jackson County: Amends the distribution of certain TVA in-lieu-of-taxes funds and, after priority distributions are made, increases the share of the remainder to the public school systems within Jackson County from 33.5 to 36 percent. Effective April 4, 2016. (S.303)
2016-196 Blount County: Authorizes the county commission, upon the approval of voters, to levy an additional sales and use tax of up to 1 percent on categories defined as general, amusement and vending; after an initial distribution to first priorities, 33.3 percent of the remaining proceeds are dedicated to the Blount County Board of Education to be dispersed between Blount County and Oneonta schools for capital improvement and construction or for technology in education. Effective April 26, 2016. (H.436)
2016-231 Sumter County: Authorizes the county commission, upon approval of qualified voters, to levy an additional ad valorem tax of 6 mills, of which 5 percent is provided to the Sumter County Board of Education with 2.5 percent earmarked for the maintenance and upkeep of school roads and 2.5 percent for supplies to support school nurses. Effective April 28, 2016.(H.418)
2016-291 Marshall County: Amends the distribution of certain TVA in-lieu-of-taxes funds and provides 25 percent to be distributed to the Marshall County, Arab, Gunersville and Albertville boards of education on a per-pupil basis; provides other distributions including $30,000 to the Marshall County Commission to help provide school resource officers in the Marshall County school system. Effective August 1, 2016.
Joint Resolutions of Interest
A joint resolution expresses the will of the legislature but does not have the effect of law.
2016-80 Establishes an emergency task force on school safety and security; provides task force membership and duties; findings to be submitted Dec. 31, 2016.Effective March 14, 2016. (HJR 19)
2016-156 Creates the Alabama Task Force on At-Risk Children to identify potential legislative and administrative solutions to both reduce and serve the number of children subject to the juvenile and criminal justice systems; includes rehabilitative and education services, aftercare services, and preventive mental health services; findings to be submitted by the 15th day of the 2017 Legislative Session.Effective April 26, 2016. (SJR 78)
2016-167 Urges the state Department of Education to create and implement a program to promote organ donation within public K-12 schools in Alabama. Effective April 26, 2016. (HJR 155)
2016-253 Expresses legislative intent that the education pay raise is to provide a net increase in take-home pay for all public education employees; urges the Public Education Employees Health Insurance Plan (PEEHIP) staff to make every effort to address cost issues, including the use of trust funds, so plan members do not assume out-of-pocket increases. Effective May 3, 2016. (SJR 102)
For a copy of any act listed above, click the Act number or view government records at www.sos.state.al.us.
For questions, call AASB at 334/277-9700.
Lissa Tucker, AASB Director of Governmental Relations