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Record of Proceedings

Pelham City Council Special Called Meeting: SB 304 Opposition - March 30, 2026

City Council — Monday, March 30, 2026
BodyPelham, Alabama
SessionCity Council
DateMonday, March 30, 2026
StatusFILED
Video Record
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Transcript — Verbatim

Speaker numbers apply only to this recording.

Speaker 1

2:31

Close enough, we'll call this meeting to order.

2:35

Councilman Harris will lead us in the pledge after Councilwoman Towns leads us in the invocation.

Speaker 2

2:43

Father God, we just come to you today.

2:45

We thank you, Lord God, for this beautiful day and just the opportunity, Lord God, to serve you yet again.

2:51

I pray a blessing over everyone under the sound of my voice that you would just bless us, Lord God, with just uh the community that we need in order to work together to solve problems for this city, and I just pray for every council person that sits here with me, Lord God, that we would make decisions and that we would steward the responsibility you've given us, Lord God, with acumen and and just spiritual connection to you, Lord God.

3:18

We thank you for the wisdom that you bestow upon us.

3:20

We bless your name in the mighty name of Jesus we pray.

3:22

Amen.

Speaker 1

3:48

Council, I believe this is a first for a consent agenda.

3:51

We have one item on the consent agenda, and that is the approval.

3:55

Uh I'm sorry, Mr.

3:56

City Clerk, can you give us a record of attendance real quick?

Unassigned speaker

3:59

So no certainly do have a quorum.

Speaker 1

4:01

Back to the consent agenda I was so excited about.

4:03

Uh it the only item on there is the approval of the March thirty, twenty twenty-six city council agenda.

4:09

I'll entertain a motion to approve the consent agenda as presented.

4:15

Is there a second?

Speaker 3

4:17

Second.

Unassigned speaker

4:24

Uh

Speaker 4

4:24

council president Leverett.

4:26

Yes.

Speaker 1

4:31

And the consent agenda passes unanimously.

4:34

We have no public hearings.

4:35

Mayor, do you have any report or comments tonight?

Speaker 5

4:38

None tonight.

Speaker 1

4:39

We have no proclamations uh from the mayor.

4:43

And we have the report for the city manager, which I believe will lead us into the new business, so just continue down here.

4:49

We do not have the city attorney here.

4:51

So we have no report from the city attorney.

Unassigned speaker

4:54

No one has requested to address the city council, no old business, and that leads us into the one item under new business, which is the discussion of Senate Bill three oh four, and I'll turn it over to the city manager.

Speaker 1

5:03

And I'll turn it over to the city manager.

Unassigned speaker

5:06

Thank

Speaker 6

5:06

you, Council President.

5:07

So we ask you to be here this evening because we feel that some quick action needs to be taken on this bill.

5:13

Senate Bill 304, which is a bill that the League of Municipalities opposes.

5:29

The overview of the bill is basically it prohibits a municipality from including gross receipts generated outside of the municipality's jurisdiction when calculating business trades, business license assessments.

5:44

The reason we asked you to come this evening is because the way that this has moved through the Senate and the committee so quickly with not much resistance because of the way we feel it's been presented, which has also been confirmed by some of our uh some of our state uh elected officials that we've spoken with.

6:04

It was presented as a taxation or double taxation at 10%.

6:09

This is not factual.

6:10

Is a privilege license fee at.01%, which is 9.9% less than how it has been billed.

6:20

Um this has been in place for years.

6:22

This bill started out seeking to exclude four industries, uh, all contracts, all they were all contractors, and in one week added six other industries which were contractors, but then at the last minute, one industrial materials provider, and we don't understand why that is or what the implications are of adding uh another type of provider to this.

6:51

We will ask the council at the end of this to consider actions to delay the bill until we can understand why so many industries were added, and until we think the legislature and other cities better understand the impact.

7:04

Now, I do want to let you know that there's a lot of scrambling going on at the last minute because of the pace of this, and how quickly other industries were added, and you know, really just not so much being made aware of that.

7:22

Uh I mean it happened so fast, and like I said, one week there were all those other industries added.

7:29

But we spoke with representative from the Alabama Municipal Revenue Offers Association, Officers Association this afternoon.

7:36

Several cities have expressed concerns, including directly with them, which has been passed on to the league, Monroeville, Weaver, Gulf Shores, Montgomery, South Side, Pelham, Hueytown, Cleveland, Owens Crossroads, Lincoln, Jacksonville, St.

7:52

Floridian, Foley, Talladega, Enterprise, and Fairhope.

7:57

So I am going to turn this over to our finance finance director, Jamie Wagner, who has spent uh a large portion of her career, as has our our sales, uh, our sales tax accountant Phil in auditing in revenue auditing.

8:15

So this is really because of Jamie's expertise and really knowing when something didn't look right, real quickly.

8:24

She uh brought this to my attention, and I'm glad that she did.

8:28

I'm thankful, and she's gonna take you through it and also answer your questions.

Speaker 7

8:41

Good afternoon.

8:42

How are y'all today?

8:43

Um, so I clicked backwards.

8:50

I'm sorry.

8:54

Okay.

8:55

Um, I both Jonathan, all of us really try to stay updated on the legislative session, and there's a lot of things that are presented in the legislative session that never tend to move forward.

9:09

And um, we had been watching this one, but it stalled for about a month and uh about a week ago, it it started moving rapidly as Gretchen pointed out.

9:18

I I started running some numbers, and um again, this is point out that this is not um any kind of new taxation.

Discussion Breakdown — Share of Meeting
Fiscal Sustainability█████████████████████████████████████████41%
Procedural███████████████████████████27%
Economic Development███████████████15%
Community Engagement█████████9%
Public Engagement████4%
Public Health████4%
Summary of Proceedings

Pelham City Council Special Called Meeting - March 30, 2026

The Pelham City Council held a special called meeting at 5:00 p.m. on Monday, March 30, 2026, in the Pelham City Hall Council Chambers. The meeting opened with an invocation by Councilwoman Towns, the Pledge of Allegiance led by Councilman Harris, and confirmation of a quorum by the City Clerk. There were no public hearings, mayor's report, proclamations, city attorney report (the city attorney was not present), requests to address the council, or old business items. The sole substantive agenda item was a discussion of Alabama Senate Bill 304 (SB 304), which would regulate how municipalities levy business licenses on certain trade industries. City staff recommended delaying the bill, and the council unanimously adopted a resolution formally opposing it.

Consent Calendar

  • Approval of the March 30, 2026 City Council agenda - approved unanimously by voice vote, with no debate.

Discussion Items

  • SB 304 discussion. The City Manager said SB 304 is opposed by the Alabama League of Municipalities and would prohibit a municipality from including gross receipts generated outside its jurisdiction when calculating business license assessments. She said the bill moved through the Senate and committee so quickly that cities have had little opportunity to respond, and that it was publicly presented as addressing double taxation at 10%, whereas Pelham's business license is a privilege fee at 0.01% - which she said is 9.9% less than the rate at which it has been billed. The bill originally covered four contractor industries, added six more contractor industries within one week, and at the last minute added an industrial materials provider, which staff said raised concerns about precedent and future expansion.
  • Finance Director Jamie Wagner presented financial analysis. She said the bill would require Pelham to amend its ordinance to align with state law and estimated the revenue loss at between a quarter and a half million dollars annually (approximately $250,000-$500,000). She reported that approximately 174 Pelham businesses are classified under codes that could fall under the proposed legislation. In one hypothetical, a Pelham-headquartered business with $15 million in gross receipts currently pays about $15,250 for a business license, but under SB 304, if that same business did $5 million of work in each of three other municipalities (Columbiana, Fulton Dale, and Athens), Pelham could only charge the $250 flat-fee license. She noted that job sites already pay their own permit fees, that state law already addresses branch offices (requiring satisfaction of seven criteria) and small deliveries (a flat-fee license for those under $75,000 in gross receipts), and that the current structure dates to the 2006 Municipal Business License Reform Act.
  • League of Municipalities statement. The City Manager read the League's official statement opposing SB 304 (by Senator Greg Albright) and House companion HB 566 (by Representative Pauly). The League said municipalities rely on business license revenues to operate and provide essential services; the fiscal note for SB 304 lacks a quantifiable estimate of the cost to municipalities; member feedback estimates potential annual revenue loss in the hundreds of thousands; and the 'potato chip problem' - allowing one industry to obtain a new business license calculation method - could prompt other industries to request the same treatment, with disproportionately high impacts on smaller municipalities.
  • Timing concerns. Staff noted the bill sets an effective date of October 2, 2026, while business license renewals occur January 1, creating an administrative burden if revenue already collected for three quarters of the year must be unwound.
  • Council sentiment. Council members expressed unanimous support for pausing the bill, citing the city's needs over the next few fiscal years, the rushed process, long-term infrastructure and environmental impacts (including heavy machinery wearing on roads and repaving costs), and the rapid addition of trades and a materials provider. Council members also thanked city staff for the analysis.

Resolution 2026-03-30-01: Opposition to SB 304

  • The City Clerk read the resolution, which states that SB 304, if enacted, would result in an estimated annual loss of $500,000 to $750,000 in business license revenue (a higher figure than the $250,000-$500,000 verbally estimated by staff earlier in the meeting - a discrepancy present in the transcript); that this loss would directly affect funding for public safety, infrastructure, and general operations; that the bill was publicly characterized as addressing double taxation when business licenses are actually privilege-based fees at a significantly lower effective rate; and that the bill expanded beyond its original scope to include additional industry exemptions, most notably concrete providers.
  • The resolution formally opposes SB 304 in its current form, urges the Alabama House of Representatives to stop further action to allow full review and transparency, calls upon the Shelby County legislative delegation and all members of the legislature to reject or substantially revise the bill, and supports a strong business environment while rejecting policies that undermine the financial stability required to provide essential municipal services.
  • The council voted unanimously to add the resolution to the agenda, and then voted unanimously to adopt it (both by voice vote).

Public Comments & Testimony

  • No members of the public addressed the council. After the resolution vote, the City Manager confirmed staff would proceed with the remaining recommended outreach actions, and Assistant City Manager Justin Smith said spreadsheets listing committee members' names and contact information would be made available to the public and posted online.

Council Comments

  • Council members announced the Pelham Strong 5K on April 18, 2026 (theme verse 1 Corinthians 9:24; the $5 early-bird discount ends the following day; a midnight 'Paul Revere' fun run in partnership with the city, with arts and crafts for kids and medals for the top three male and female finishers) and the Save a Life Shelby walk-a-thon beginning the next day.
  • The Council President closed by stating that Pelham wants to be a welcoming place for businesses and is willing to meet halfway, but cannot be burdened so quickly, and noted that other states have used grants to cover deficits created by similar legislation. He also praised the professionalism of city staff.

Key Outcomes

  • Consent agenda (meeting agenda) approved unanimously.
  • Resolution 2026-03-30-01 opposing SB 304 added to the agenda and adopted unanimously by voice vote.
  • The council directed staff to proceed with outreach: contact committee members before noon on Tuesday, continue outreach afterward, and have the mayor or an appointed designee attend the legislative hearing. The bill was expected to be considered by a committee at 12:30 p.m. on Tuesday, March 31, with a possible public hearing Wednesday, April 1, and a possible House floor vote Thursday, April 2, 2026.
  • Meeting adjourned by unanimous voice vote.

Meeting Transcript

Close enough, we'll call this meeting to order. Councilman Harris will lead us in the pledge after Councilwoman Towns leads us in the invocation. Father God, we just come to you today. We thank you, Lord God, for this beautiful day and just the opportunity, Lord God, to serve you yet again. I pray a blessing over everyone under the sound of my voice that you would just bless us, Lord God, with just uh the community that we need in order to work together to solve problems for this city, and I just pray for every council person that sits here with me, Lord God, that we would make decisions and that we would steward the responsibility you've given us, Lord God, with acumen and and just spiritual connection to you, Lord God. We thank you for the wisdom that you bestow upon us. We bless your name in the mighty name of Jesus we pray. Amen. Council, I believe this is a first for a consent agenda. We have one item on the consent agenda, and that is the approval. Uh I'm sorry, Mr. City Clerk, can you give us a record of attendance real quick? So no certainly do have a quorum. Back to the consent agenda I was so excited about. Uh it the only item on there is the approval of the March thirty, twenty twenty-six city council agenda. I'll entertain a motion to approve the consent agenda as presented. Is there a second? Second. Uh council president Leverett. Yes. And the consent agenda passes unanimously. We have no public hearings. Mayor, do you have any report or comments tonight? None tonight. We have no proclamations uh from the mayor. And we have the report for the city manager, which I believe will lead us into the new business, so just continue down here. We do not have the city attorney here. So we have no report from the city attorney. No one has requested to address the city council, no old business, and that leads us into the one item under new business, which is the discussion of Senate Bill three oh four, and I'll turn it over to the city manager. And I'll turn it over to the city manager. Thank you, Council President. So we ask you to be here this evening because we feel that some quick action needs to be taken on this bill. Senate Bill 304, which is a bill that the League of Municipalities opposes. The overview of the bill is basically it prohibits a municipality from including gross receipts generated outside of the municipality's jurisdiction when calculating business trades, business license assessments. The reason we asked you to come this evening is because the way that this has moved through the Senate and the committee so quickly with not much resistance because of the way we feel it's been presented, which has also been confirmed by some of our uh some of our state uh elected officials that we've spoken with. It was presented as a taxation or double taxation at 10%. This is not factual. Is a privilege license fee at.01%, which is 9.9% less than how it has been billed. Um this has been in place for years. This bill started out seeking to exclude four industries, uh, all contracts, all they were all contractors, and in one week added six other industries which were contractors, but then at the last minute, one industrial materials provider, and we don't understand why that is or what the implications are of adding uh another type of provider to this. We will ask the council at the end of this to consider actions to delay the bill until we can understand why so many industries were added, and until we think the legislature and other cities better understand the impact. Now, I do want to let you know that there's a lot of scrambling going on at the last minute because of the pace of this, and how quickly other industries were added, and you know, really just not so much being made aware of that. Uh I mean it happened so fast, and like I said, one week there were all those other industries added. But we spoke with representative from the Alabama Municipal Revenue Offers Association, Officers Association this afternoon. Several cities have expressed concerns, including directly with them, which has been passed on to the league, Monroeville, Weaver, Gulf Shores, Montgomery, South Side, Pelham, Hueytown, Cleveland, Owens Crossroads, Lincoln, Jacksonville, St. Floridian, Foley, Talladega, Enterprise, and Fairhope. So I am going to turn this over to our finance finance director, Jamie Wagner, who has spent uh a large portion of her career, as has our our sales, uh, our sales tax accountant Phil in auditing in revenue auditing. So this is really because of Jamie's expertise and really knowing when something didn't look right, real quickly.

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