SB 40 — Relating to county and local government; to provide prohibitions on the adoption or enforcement of certain building codes requiring the installation of certain latent, non-operable features in a residential structure.
Last action — Enacted as 2023-74
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 07, 2023. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
County and local government; building codes; prohibitions on adoption or enforcement of requirement to install certain latent features in residential structures, provided.
Bill Text
What changed in the latest version
58 added · 57 removedPlain-language change summary
The recent update to Bill SB 40 clarifies the definition of "latent feature" and specifies what cannot be included in local building codes. The new language strengthens the prohibition against requiring the installation of non-operable components in residential buildings, ensuring that homeowners aren't burdened with unnecessary features that don’t affect safety or structural integrity. This matters because it helps keep housing costs down and simplifies building regulations for municipalities and counties.
SB40 ENGROSSEDENROLLED EJYBC9-2EJYBC9-3 By Senator Elliott RFD:
07-Mar-23 Page 0 SB40 EngrossedEnrolled 2Enrolled, 4An AAct, BILL3 TO BE ENTITLED AN ACT 9 Relating to county and local government;
(b) The governing body of any municipality or county, or any agency thereof, may not directly or indirectly adopt or Page 1 SB40 Engrossed enforce any ordinance, rule, bylaw, order, or state or local building code provision requiring the installation of any latent feature in any residential structure.
Page 21 SB40 EngrossedEnrolled Senate________________________________________________ ReadPresident forand thePresiding firstOfficer timeof andthe referredSenate ................07-Mar-23________________________________________________ toSpeaker of the SenateHouse committeeof onRepresentatives CountySB40 andSenate Municipal04-Apr-23 GovernmentI Readhereby forcertify that the secondwithin timeAct andoriginated placedin ................21-Mar-23and onpassed the calendar:Senate, as amended.
1 amendment Read for the third time and passed ................04-Apr-23 as amended Yeas 29 Nays 0 Abstains 0 Patrick Harris, Secretary.
PageHouse 3of Representatives Passed:
20-Apr-23 By:
Senator Elliott Page 2
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Enrolled
Sponsors
- Chris Elliott · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 71 | 0 | 0 | 0 |
| D | 25 | 0 | 0 | 1 |
| Total | 101 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 21 | 0 | 0 | 4 |
| D | 6 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 28 | 0 | 0 | 6 |
| % of votes cast | 82% | 0% | 0% | 18% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Not Voting |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Yea |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Not Voting |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Not Voting |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Not Voting |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Not Voting |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 21 | 0 | 0 | 4 |
| D | 6 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 28 | 0 | 0 | 6 |
| % of votes cast | 82% | 0% | 0% | 18% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Not Voting |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Yea |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Not Voting |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Not Voting |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Not Voting |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Not Voting |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
Subjects
Frequently asked questions
- What does SB 40 do?
- County and local government; building codes; prohibitions on adoption or enforcement of requirement to install certain latent features in residential structures, provided.
- Who sponsors SB 40?
- SB 40 is sponsored by Chris Elliott (R).
- What is the current status of SB 40?
- This bill has been enacted into law. Introduced March 07, 2023. Enacted.
- Where can I track SB 40?
- Track SB 40 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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