SB349 Alabama 2011 Session

Summary

Primary Sponsor

Tammy Irons

Democrat

Co-Sponsors

William “Bill” M. BeasleyQuinton RossLinda Coleman-MadisonBobby D. SingletonVivian Davis FiguresJerry L. Fielding

Session

Regular Session 2011

Title

Public works or works for businesses obtaining state or local incentive tax credits, abatements, or preferences, employment of certain amount of resident workers, penalties

Summary

SB349 would require certain public works and incentive-backed projects in Alabama to hire 90% Alabama residents for projects over $200,000, with penalties for violations.

What This Bill Does

It sets a rule that on eligible public works or incentive-backed projects, at least 90% of workers must be Alabama residents who have lived in Alabama for two years prior to starting work, for projects costing more than $200,000. It creates criminal penalties (Class C misdemeanor) for violations and allows workers who were not hired to sue for lost wages if a nonresident is hired instead. It requires posting job notices and notifying local unions, mayors, probate judges, the governor, boards, and employment offices to help find qualified Alabama residents. It also allows outside contractors to bid openly but requires them to comply with this rule if they undertake such contracts, and it provides a residency verification provision that can relieve an employer of liability for a worker who proves Alabama residency.

Who It Affects

• Contractors and public agencies overseeing public works or incentive-backed projects must ensure 90% Alabama-resident hires for projects over $200,000 and face penalties for noncompliance.
• Alabama residents who have actually lived in the state for two years and are seeking work on these projects may benefit; workers can sue for lost wages if they are not hired and a nonresident is hired instead.
• Businesses and contractors from outside Alabama that undertake these contracts must comply with the residency requirement when bidding or performing the work.
• Local unions, mayors, probate judges, the governor, and local employment offices must be notified and involved in helping place Alabama residents on these projects.

Key Provisions

• Section 1(a): Requires 90% of workers on eligible projects to be Alabama residents who have resided in Alabama for two years prior to employment for projects over $200,000, plus notices posted at the job site and in local newspapers, and notifications to local unions, the mayor, probate judge, governor, and employment offices.
• Section 1(b): If qualified Alabama workers are not available, the contractor must notify unions and officials and may hire workers who are not qualified to fill the gap; outside bidders can still bid openly but must comply with the residency rule when undertaking the contract.
• Section 2: (a) Employers are relieved of liability for employing a worker who provides a residency certificate; (b) violations are Class C misdemeanors with daily penalties; (c) workers who were qualified but not hired can sue for lost wages and costs.
• Section 3: Excludes this act from certain constitutional spending restrictions because it creates a new crime or amends an existing one.
• Section 4: The act becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Employment