Alabama Politics in
Doc’s Political Parlor
& Home of Lawn Mower Repair

The legislative session is now entering its 24th day and with only six more legislative days to go the light is at the end of the tunnel. Of course that could be the light of a very big train coming down the tracks as well. The House is expected to take up the Education Budget on Thursday and I suspect it will pass the House after some, although not much debate that afternoon. You always have less debate on a budget when money is short and there is very little to fight over. After the Education Budget is passed the House will have then sent both budgets to the Senate for consideration. In the closing days of the session the House is expected to finally take up some of the illegal immigration package, the constitutional convention bill, as well as a severance tax bill for off shore oil wells in Alabama. That should just about do it for the rest of the House agenda although there will be several other bills of interest that could pop up in the last 6 days.

The question everyone wants to know is will the Senate get past their current log jam and pass the budgets as well as several other bills pending before them or will the impasse continue? I don’t know enough about the current dynamics of the debate that is currently holding things up in the Senate to get into that discussion. There are several sides to the current issue being debated up there and several of the members from both parties are desperately trying to figure out a way to get past it. One thing is for certain though if the budgets do not pass the senate by May 19th by law we have to come back into a special session. This would be a train wreck to the tone of around $400,000 just to hold the session. This is not even mentioning the various other legislation that would die if the session were to end in its current holding pattern. A flurry activity is always a strong possibility in the last few days of the session and I have heard several senators from both parties say they are hoping for just that. Lets all hope so because if not that light at the end of the tunnel could turn into a legislative train wreck real quick.

Share This

The debates over the budget always seem to be shorter when there is a shortfall. The only fight is between who will get cut the most this year. Below is the Special Order Calendar for Tuesday. The first bill on the calendar will amount to a new tax on business in Alabama so it should create quite a stir when it comes up for debate. With higher education and K-12 schools battling over a much smaller budget it could be a longer debate than expected in the House.

Share This

This will be the busiest week of the session so far for the House. We have a three day legislative work week which means we are in session for three days as opposed to two and a committee day.

Every hot topic imaginable is on the plate this week. Rep. John Knight’s bill to reduce sales taxes while increasing income taxes is up today. The Jefferson County financial crisis looks likely to spill over into the House Rules Committee this morning. Both of these bills mean that there is a real chance for some sparks to fly today because the votes on these issues are very close in my opinion.

Tomorrow I have a bill in committee to reduce the requirement necessary for third parties or independents to gain ballot access while at the same time the House Judiciary Committee has a host of hot button topics. Legislation to extend the hate crimes law to homosexuals, mandatory registration for stun guns, and a bill to eliminate Alabama’s ban on sex toys all await the committee members for Judiciary. That committee alone will give the reporters enough print to keep them busy for the week.

On top of all of this it sounds like the “Bingo for Medicaid” legislation is finally going to take a shot at getting a vote on maybe Wednesday or Thursday. This guarantees a hard fought showdown that will pretty much prevent anything else from coming up for debate that day should that bill be brought up.

One thing is for sure, there will be plenty to blog about at the end of the week.

Share This

When I was first elected to the House I asked to be put on the Judiciary Committee. Several of my closest friends in the legislature had previously served on the committee and laughed at me when I made the request. There is a reason for their laughter, the Judiciary Committee is one of the hardest working committees in the House. While many committees meet for about 30 minutes to an hour on Wednesdays it is not uncommon for the Judiciary committee to go on for a few hours. Many people beg to stay off Judiciary because of this work load and tedious nature of the issues we face but I have to say it is one of my favorite committees. There is never a dull moment in Judiciary and if you have a bill in front of the committee you better be prepared for a pretty thorough grilling that the committee has a reputation of giving to everyone who comes before it. In the last few weeks alone the committee has handled controversial topics like illegal immigration, gun control, and this week hate crimes. These topics have provided some hot debate between the members. On immigration my good friend Rep. Yusaaf Salaam and I had a pretty good back and forth on the merits of this issue. Rep. Salaam is one of the smarter members of the House and if you think you are going to pull one over on him in a debate you better think again. This guy knows his stuff. On the issues of crime legislation, if you think you can just come into Judiciary and pass whatever “tough on crime” bill you want you will find a hard nose questioner like Rep. Laura Hall waiting for you. While Rep. Hall and I agree on very few political issues I cannot help but respect her doggedness in standing her ground in this committee where “tough on crime” sound bites often prevails over common sense. The chairman of the committee, Rep. Marcel Black has to be the ringmaster of this show. He is a no nonsense politician who detests grandstanding. I know because I have attempted to score some cheap political points in the past and was quickly called down by Rep. Black and rightfully so. Rep. Black is an attorney he knows the law better than anyone else in the legislature and he likes an orderly committee and his reputation as a fair chairman is unchallenged. You add to all of this Rep. Paul DeMarco, and Reps. Jamie Ison, Tammy Irons, and Marc Keahy you have a very active committee that is not afraid to mix it up on some of the thorniest legal issues facing our state. No this is not an easy committee to serve on but it is never dull for sure.

Share This

In this era of post-9/11 security concerns the federal government has introduced several measures to help protect the American citizens from foreign security threats. While I agree with some of these new laws there is a line where I believe we as a country need to be very careful in crossing. The question in this debate is always virtually the same- do we extend the protection of government at the sacrifice of constitutional protections such as privacy and freedom of speech? This is a question that has been debated over and over in Washington, DC and in our state capitols. This is not an easy question to answer because both sides make very good arguments. There is no black and white decision here because like most real political debates there is a great deal of gray when debating the rights of the people versus the role of national security. I do believe the federal government is going in the wrong direction with the continuing development of the Real ID Act.

The Real ID Act is an attempt to create one national, uniform identification system. While this may sound harmless on its face, the implications are far reaching. Debates in congress have included the discussion of a huge expansion of personal information being included on the card data strip. While there are many urban legends about what Real ID will and will not do, one thing is for certain, before each state just blindly walks into the compliance of this Act because of the financial temptations the federal government has offered we should at least have a public discussion on the ramifications this new ID could have. Nearly half the states around the country have passed resolutions rejecting the Real ID Act for their respective states. I have introduced a House Joint Resolution to require any future implementation of the Real ID Act to be approved by the legislature first. While Alabama has already implemented some of the requirements under Real ID which were primarily cosmetic I believe before we continue down this road of gathering personal information on our citizens we should at least have more public debate on the issue. What harm would it do to have this process out in the open for more people to understand and see what is going on with their government?

Some in the media have stated that there is no legitimate threat with the Real ID Act. In the end, they could be right but as those who valiantly protect the 1st Amendment would agree, what is the harm in having the sunshine let in on this chipping away of personal liberties?

Share This

Local legislation is a quirky part of the Alabama legislative process. Due to some of the arcane provisions of the Alabama Constitution, bills that impact only one county are considered local bills. Of course by law the entire legislature must vote on these bills but there is an unspoken rule that you never get involved in someone else’s local legislation. When Jefferson County for example is having a big fight over local legislation the rest of us step back and let them vote on their own issue. It is just a common courtesy and the way things operate. Now a rule change is being proposed by Rep. Newton, who is also the Speaker Pro-Tempore about the composition of local legislative delegations. Under the current rules (Rule 65) if you represent any part of a county then you are a part of that local legislative delegation. Jefferson County has historically been evenly divided between Democrats and Republicans in their legislative delegation. This is something that began to evolve long before my time but has just become a fact since the districts have been redrawn over the years. It is sort of like a maintaining of the balance of power in that delegation. While I am not in that delegation apparently there have been a couple of legislative disagreements over the past couple of years that have led to some possible gridlock. In response to this Rep. Newton has come with a proposed Rule change that says a legislative district must have at least a third of its members in a county before it can serve on that local legislative delegation. What this means is that Rep. Thomas, and McClurkin will no longer serve in the Jefferson County Legislative Delegation. Normally this would be an issue that is just between the members of that delegation except for two problems. First, in order for the Rule to pass it must have a majority of the House membership vote for the change which means 53 members will have to vote to change the rule and therefore some people from outside the Jefferson County Delegation will have to vote for this change. The second problem, and this is a big one, is that the rule change would effect every local legislative delegation. So in Shelby County, Rep. Jimmy Martin, Rep. Jim McClendon, and Rep. Greg Canfield would all likely be kicked out of our delegation despite the fact that their combined population is 30% of Shelby County. So in essence 30% of Shelby County would no longer have a voice in local legislative issues that impacted them. This rule change could create havoc when it comes up or it could just provide for some interesting political dialogue to get the week started.

Share This

Anyone who has read some of my blogs in the past know that I autism awareness is a big personal cause of mine. Most legislators in Montgomery have a cause that they are passionate about. Rep. Laura Hall is a strong advocate for AIDS Awareness and Rep. Duwayne Bridges hosts a rally every year for his cause, Alabama Retarded Citizens. Thursday was my “cause” day. Over 270 people from throughout the state came to Montgomery to meet with the legislators and rally for autism awareness and the need for increased services in our state. Several legislators took the time to come over and meet with their constituents and talk about the lack of services for autism in Alabama.

I always enjoy when a group of citizen activists come to Montgomery and get attention regardless of their cause. It is a good reminder that at the end of the day a large and determined group of activist citizens is still the most powerful lobbying group around.

For those who want to learn more about autism advocacy in Alabama please visit with the web site of the Autism Society of Alabama at: www.autism-alabama.org/

Share This

I know I will make some people unhappy by saying this but I really think Sunset legislation is the most boring thing we deal with in the Alabama Legislature. I have never heard of an agency being sunset before and there is never a discussion to do so. While I am not advocating the abolishment of any particular agency I do find the debate on these topics to be a little dry to put it mildly. Below is the special order calendar to be debated in the House tomorrow:

Share This

Last year during one of my posts I had a spirited discussion with a folks about ballot access. I used to work for the Secretary of State’s office so I was at least somewhat familiar with the issues. However, I had no idea how bad our ballot access laws are compared to other states.

Governing magazine recently ranked Alabama has having the most strict ballot access law in the country. Under existing law to have your name placed on the ballot, independent candidates must present a written petition signed by at least 3 percent of the qualified electors who cast ballots for Governor in the last general election. I did the math and this comes out to being around 40,000 signatures. By the time a candidate gets all of their signatures together they have already wasted half of their campaign just to qualify to run.

I recently introduced House Bill 738 that will require an independent candidate to only get 1.5% of the qualified electors to be placed on the ballot. While this is still a higher standard than in some other places this would get Alabama closer to national average for ballot access.

I do not want to create a law where the ballot is overwhelming and cluttered. To do that would just make the process more hectic and confusing.

I know a lot of people will not like the fact that this threshold is too high and many of my friends in both major political parties will say it is too low. If that is the case then maybe this bill is just right. The biggest reason for opposition to this bill will likely be the one party district legislators. That is a district where only one party is viable. In those cases an independent candidates is more likely to challenge someone in the general election. My district would fall into this category.

In the end I think having a healthy debate outweighs the concerns people will have with this bill regarding an overcrowded ballot. For those you wanting no signature requirements all I can say is this is a first step in making the qualification process easier.

I expect the bill to be brought up in the House Constitution and Elections Committee in the next couple of weeks.

Share This

Everyday we are reminded of issues our state has not addressed. April is Autism Awareness Month and is the perfect time to look at this growing health care crisis that deserves state government’s attention.

There are many misconceptions in today’s society. One of those is that time heals all wounds. Not necessarily…..for families of children affected by autism and Asperger Syndrome time is of the essence. Until we find a cure for autism families need easily accessible, coordinated care. Alabama cannot let these families down.

Autism continues to grow at an alarming rate-one out of every 150 children in Alabama are affected. The University of South Alabama reported last week that in their poll of 746 families, 80 percent of people in Alabama had some knowledge of autism and noted that families affected by autism need more assistance. That same percentage of people said that parents should not be expected to provide the needed assistance by themselves.

Almost everyone in Alabama knows someone raising a child with autism or with Asperger Syndrome. They also know of the struggles families face when trying to obtain a diagnosis and/or services.

This shouldn’t be the case. Over the past year the Alabama Autism Task Force, with the support of state officials, public advocacy organizations and two statewide need assessment studies, has explored these issues in depth. The Task Force has made a series of 22 preliminary recommendations that will be shared with the legislature.

Over 30,000 families in Alabama are believed to be affected by autism and desperately seek a system of care to help them. “The System” for these families hasn’t failed, it just doesn’t exist. Individuals with autism and Asperger Syndrome become productive members of society when provided with the specific types of intervention they need. To capitalize on the strengths of these individuals our state legislature needs to support the recommendations put forth by the Alabama Autism Task Force. These recommendations include permanently allocating financial resources for Autism Spectrum Disorders, establishing an Interagency Autism Coordination Council, establishing Regional Autism Centers, and supporting education and training opportunities. The legislation establishing the state council (House Bill 150) has already passed the House by a margin of 99-0.

Autism isn’t on the decline, it is on the rise and we must give this disorder the attention it deserves not only for those dealing with it today but also for future generations who will face this fight. Studies have shown that early identification and intervention can make a major difference. Regionalizing services will simplify the process for parents and eliminate the time spent waiting for critical services that can make a vital difference in the lives of their children. What if your child were the 1 in 150?

Share This

Share This

When the House of Representatives reconvenes next week some fireworks are bound to occur with the movement of the illegal immigration bills. Several different groups in the legislature have come with bills to deal with various aspects of illegal immigration in Alabama. As opposed to spreading out these bills over several committee days Rep. Marcel Black, who is chairman of the House Judiciary Committee, wisely decided to have a full public hearing on these bills on one day. In my opinion this was smart on his part and also fair to those people throughout the state who are very passionate about this issue but cannot afford to take off work for several days to spend in Montgomery.

This package includes several bills which are identical to bills that previously had a public hearing in the Senate. The bills will have a public hearing in the House at 9 am on Wednesday, March 26th. Below are the summary for the bills to be considered:

HB 727- Rep. Hammon- Alabama Development Office, economic incentives prohibited for employers employing illegal immigrants.

HB 664- Rep. Hinshaw- Illegal aliens, employment prohibited, duties to Revenue Commissioner to enforce, penalties imposed.

HB665- Rep. Lacy Baker- Aliens, illegal, transporting into the state alien who is illegally in United States, penalties imposed.

HB666- Rep. Lea Fite- Municipalities prohibited from passing laws or ordinances to protect illegal immigrants.

HB667- Rep. James Fields- Jail, jailors or others having custody of a person charged with a DUI, required to determine lawful citizenship of detainee.

HB298- Rep. Micky Hammon- Business or professional license, state prohibited from renewing license of person not lawfully and physically present in the United States.

HB302- Rep. Micky Hammon- Property of illegal aliens forfeited when arrested.

HBHB 303- Rep. Micky Hammon- Motor vehicle impounded when driving without a license or legal proof of citizenship or entry to U.S.

HB163- Rep. Micky Hammon- Proof of citizenship required for public benefits to be awarded to anyone 18 years of age or older.

HB720- Rep. Allen Treadaway- Requires employers to check citizenship status when an employee hired. Provides penalties for hiring someone in U.S. illegally. Provides penalties for transporting an illegal alien.

Most of these bills have been scheduled for a public hearing so it should make a for long committee meeting. Both sides have very passionate advocates for and against many of these bills. House Judiciary Committee already meets longer than any other committee so this guarantees and three hour meeting on the 26th. It will definitely liven the debate up some.

Share This

Well I spoke too soon about the debate this week that was supposed to occur on the Bingo for Medicaid legislation. It appears that the supporters of the legislation are short of the 63 votes needed in the House for a constitutional amendment to pass. I am sure there will be another stab at getting this to a vote some time this session but you never know when that might happen.

Share This

This will be one of those strange weeks in Montgomery. To begin with we are going to have what is known as a three day work week. Usually every week we have two legislative days where we vote on the floor (Tuesday and Thursday) then have a committee day on Wednesday. This week we will have the same schedule except go back into session after committee meetings on Wednesday. This makes for a long week and even longer when you realize that the first bill out of the shoot on Tuesday is HB 577 by Rep. Marcel Black. This bill is commonly referred to as “Bingo for Medicaid.” It is a constitutional amendment that would in essence legalize bingo gambling at certain facilities in Alabama then tax the revenue from those games and have that money dedicated to shoring up Medicaid. This is always the mother of all legislative battles. It takes place every year and every year it is a hard fought campaign on both sides. Rep. Black is probably one of the smarter members of the legislature so it should be a close one again this year. Since you have to have 63 votes for a constitutional amendment to pass it is still an uphill climb and I suspect the supporters of the bill might come up 4 or 5 votes short but it is anyone’s guess.

All of this takes place in light of all of the hoopla still going on about the subpoenas issued last week. Unfortunately there will be more rumor than actual fact floating around the state house for quite some time regarding this issue which is only going to make for a more bitter session as we move forward. One thing is for certain, it is too early for people to start pointing fingers or trying to score political points in this process until the judicial system has had the opportunity to work through this.

Assuming we make it through all of this then below is the next proposed special order calendar for the whenever we make it through the gambling debate. Should be an interesting week.

_____
Representative Black:

HB474

Architects, State Board for Registration of, responsible control definition altered, title of superintendent changed to on-site observer, restrictive firm ownership and naming requirements removed, disciplinary actions altered, civil penalties, Secs. 34-2-30, 34-2-32, 34-2-33, 34-2-34, 34-2-35, 34-2-36, 34-2-37, 34-2-38, 34-2-40, 34-2-41, 34-2-42 am’d.

_____
Representative Guin:

HB590

Oil and gas, production regulated, drilling units, oil and gas fields for each oil and gas pool, spacing of wells for each pool, and drainage or production units established, Secs. 9-17-1, 9-17-6, 9-17-12 am’d.

_____
Representative Coleman:

HB441

Domestic violence fatality review teams established, membership, duties, confidentiality of certain information, immunity from civil and criminal liability, testimony in civil, criminal, or disciplinary proceedings regarding records or information produced or presented to review team prohibited

_____
Representative Hubbard:

HB162

Motor vehicles, liability insurance, proof required prior to issuance of motor vehicle license tag, insurance company to provide policy data to Revenue Department electronically, penalties, Secs. 32-7A-23 to 32-7A-26, inclusive, added; Secs. 32-7A-2 to 32-7A-22, inclusive, am’d.

_____
Representative Vance:

HB375

Prosthetics, insurance companies, health maintenance organizations, and health benefit plans, required to offer coverage, Secs. 10-4-115, 27-21A-23 am’d.

_____
Representative Wood:

HB531

Boats and boating, accident reports, filing with Conservation and Natural Resources Department, amount of damage before filing is required, increased, Sec.. 33-5-25 am’d.

_____
Representative Moore (P):

HB177

Civil procedure, civil defendants required to inform court of current address and name and address of employer, in contempt for failure to report

_____
Representative McLaughlin:

HB193

Protection From Abuse Act, issuance and procedures for issuance of protection orders relating to domestic violence and abuse, plaintiffs further defined according to relationships with defendant, jurisdiction, relationship to uniform acts, petitions, Protection Order Registry at Administrative Office of Courts, criminal penalties repealed, Secs. 30-5-1, 30-5-2, 30-5-3, 30-5-4, 30-5-5, 30-5-6, 30-5-7, 30-5-8 am’d.; Secs. 30-5-9, 30-5-10 repealed

_____
Representative Oden:

HB442

Competitive bids, minimum amount increased, local boards of education included in entities authorized to establish local preference zones, bid bond made permissive, certain joint purchasing agreements exempt, Secs. 41-16-50, 41-16-54, 41-16-55, 41-16-57 am’d.

_____
Representative Martin:

HB107

Motor vehicles, salvage titles, original owner authorized to rebuild and obtain title under certain conditions, inspection provisions further provided for, approval of Revenue Department regarding valuation of salvage vehicle deleted, Sec. 32-8-87 am’d.

Share This

When every new member is elected to the legislature there is a time period from when your election occurs until you actually start your legislative duties. It is during this every member engages in intense lobbying for committee assignments.

Contrary to what might be printed in the newspaper or on television, the real work of the House happens in the committees. Some committees are more powerful by their very nature than others. All of them tend to focus on a particular specialty like agriculture or banking except for three committees: General Fund Appropriations Committee, Education Trust Fund Appropriations Committee and the Rules Committee.

Every freshman legislator comes in to office wanting to be on one of the budget committees (count me in that number who lobbied to be on one of the budget committees). Since there are only so many slot on each committee there are many more disappointments than there are people who are happy with the end result. I was one of those on the disappointed lists until recently. No I did not get appointed to the budget committees and now I am saying thank God for unanswered prayers. Both of those committees have to deal with some of the toughest decisions in state government today. The choices they have to make are do we cut this program or eliminate that program? This decision making process guarantees that you will make someone mad and very few people happy.

These decisions are amplified in years like this one when the budget is extremely strapped. So instead of being a rainmaker for various projects throughout the state, these lawmakers have the ominous duty of being the bearer of bad news. They have to decide how to come up with hundreds of millions in more dollars for Medicaid or just eliminate services for the poor and elderly. In the education budget committee a choice will have to be made to either cut services for K-12 so higher education can remain even with last year’s budget or cut higher education drastically so K-12 can remain even with last year’s budget. All this is said knowing that next year will be equally as bad as this year.

I lobbied hard to be put on the budget committees and was disappointed when I did not get put on the committees of my choice. Thank God for unanswered prayers!

Share This