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

In the election of 2008, national Democrats were successful at getting the voters on board by advocating “change.” Barak Obama’s slogan, “Change We Can Believe In,” struck a chord with the electorate, and the man we knew little about captured the White House and many new seats in Congress.

The year 2010 in Alabama will present new challenges and new opportunities for both political Parties, and we are likely to see change. The Democrats are licking their chops to take back the office of Governor, held eight years by Bob Riley. Republicans smell victory in both the House and Senate where they believe new seats are within their grasp. No doubt next year will be interesting, especially for political science professors, pollsters and pundits in general.

More important than political posturing is the future of Alabama. We are making progress in many areas, but the barebones truth is that our public education system is in need of an overhaul; state budget planning methods are unreliable; transportation projects continue to be based on politics rather than need; state parks are in disrepair; ethics for public officials is almost a joke; our tax system is antiquated; the Pre-Paid College Tuition program is in peril; some public safety entities are operating with outdated equipment; and falling tax revenues are providing instability in our economy. These are not Republican or Democrat issues, but issues that impact people and businesses. And they need our immediate attention.

Representative Greg Canfield (R-Vestavia Hills) proposed making our budget process more in line with realistic revenue expectations, but it was never given a chance. Rep. Mac Gipson (R-Prattville) carried the Governor’s ethics reform package, and it stalled as well. I sponsored a bill to grant the Ethics Commission subpoena power to question witnesses and examine records in their investigations, but it died a slow death. All of these measures to improve the operation and openness of state government failed, and the voters are the real losers because of it.

When I think about the coming year in the Legislature, I am reminded of what baseball great Yogi Berra once uttered: “Nobody said it was gonna be easy.” Yogi was right. It won’t be easy for many legislators to temporarily remove their partisan hats and work for the common good. We have one more regular session of the Legislature before the June 2010 Primary. That is plenty of time to address the issues that, quite frankly, have been put on the backburner of legislative priority for far too long. And the issues are much larger than Party.

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There’s an old saying among ranchers that big hats don’t always mean the man wearing it has an appreciable herd of cattle. That’s what we have in the Alabama House of Representatives when it comes to ethics reform—a lot of Legislators talk publicly about how we need it, but they have no intention of ever voting for it.
I sponsored a bill this session to give the Alabama Ethics Commission subpoena power to question witnesses and examine records for their investigations of corrupt public officials. After all, Alabama is the only state in the nation without this authority, and the recent corruption convictions of two Alabama legislators coupled with the current climate of county and state corruption bolsters the argument that we need it. When the subpoena power bill came up for a vote in Committee in a room full of reporters with their steno pads in hand, the bill sailed out favorably with bi-partisan support. After that, the bill mysteriously disappeared and never made it to the floor for a full House vote because the powers that be did not want to see it pass.
Governor Riley hitched his ethics reform proposal to the wagon of Representative Mac Gipson (R-Prattville). One of the bills the Governor proposed was limiting what lobbyists can spend on legislative gifts and what they can spend on entertaining Legislators during a session. Once again, certain legislative leaders nodded in approval when the cameras were rolling, but relegated the Governor’s proposals to the ash heap of dead bills once the lights were dimmed.
It seems that some in Montgomery either don’t understand concerns about public corruption or they simply have no regard whatsoever of what their constituents care about. The daily revelations of public corruption across our state demonstrate the need to have ethics reform debated and discussed in public, not buried by legislative procedural tricks.
I believe the people are well served by the two-party political system in America and in Alabama. I am proud to be a Republican, but I have avoided making hyper-partisan statements during my tenure in the Alabama House of Representatives. It is time, however, to call out those who have stood in the way of passing meaningful ethics reform in Alabama. For 113 years, Democrats have controlled both houses of the Alabama Legislature, and in recent years they have governed with little or no regard for reforming the state’s ethics laws.
For those opposed to ethics reform, the days of wearing the ethics hat on top of a head of empty rhetoric are coming to a close, and the voters will have the final say. I will do my part to get the word out.

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Alabama has the dubious distinction of having the longest written constitution in the world. That’s right, the world!

The Constitution of Alabama has been amended more than 800 times. Amendments should be something rare, not common. Alabama’s constitution is government micromanagement at its worst. The converse is true for our nation’s framework of government found in its constitution, which in 222 years has been amended only 27 times.

Soon after the alleged passage of the 1901 Constitution citizens began demanding a new constitution. The word alleged is used because the election of 1901 was full of voter fraud. The election was a strong-arm attempt of the wealthy and large landowners of the state to disenfranchise poor white citizens and all black citizens. It certainly was successful in that regard.

In the early 1980s the constitution was almost revised in its entirety through one cumulative amendment, but the court struck that effort down.

In the 1990s an effort was made to revise articles one by one but as of this date no article of which there are 16 have been revised in recent years.

Several years ago the constitution was recompiled, which served to remove the dead language and organize the document. While this helped some it did not go near far enough.

In the last few years Speaker Pro Tempore Demetrius Newton D-Birmingham has lead the charge for a constitutional convention. While we are doubtful of the ultimate success of a convention (there are just too many issues to resolve) we believe this approach should be given a chance. A convention of citizens from every corner of the state looking to our state’s future with hope and promise whose sole charge is to develop a functional framework of government for Alabama.

It took three votes of the Rules Committee before a successful vote was taken to bring Newton’s resolution to the floor of the House of Representatives. However, the resolution fell far short of the 53-vote requirement for passage. Sadly, only 36 of 105 members voted to give citizens of this state the right to present a new constitution to the electorate of the state.

We applaud Speaker Pro Tempore Newton on his efforts and hope he will continue the fight. In his closing remarks upon the defeat of his resolution he eloquently reminded the member of the phoenix arising from the ashes and vowed to fight again another day for the citizens of the state.

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I have had some interesting experiences in the legislature over the last seven years but nothing comes close to what we all went through yesterday. I left my hotel room thinking “man it is going to be a wet and miserable day.” It was just raining a whole lot harder than it normally does. I got to the state house and parked in my spot on the upper deck and I am saying several thank you prayers now that I lobbied hard to get this parking spot several years ago. Special note— to all of you members of the House who gave me grief about trying to get a better parking spot, I drove home in my nice dry car last night.

After getting inside the state house everyone started coming to my office (which can fill up to maximum occupancy with three people) and looking out my windows. The rain came so hard and so fast that the cars were literally moving around. The drainage system could not handle all of the water coming down. 6 inches within an hour. Then it started to dawn on all of those who parked in the bottom deck that this was going to be bad but by that time the deck had flooded and the only thing left to do was go retrieve their belongings out of their cars. There was no way to move them and a whole lot of people saw their cars totaled.

Once we got to the House floor we had trouble getting a quorum because so many people were trying to save stuff in their cars. By this time the water had started to fall into the bottom two floors of the State House which got into the electrical system causing us to have to turn off the power in the building. When it became apparent that we would not be able to meet in the building for several more days due to structural safety and electrical problems the decision was made to reconvene in the old legislative chambers. At first I thought this was going to be a zoo but then again when isn’t the legislature a zoo!

A couple of interesting observations from working the old capitol. First, it was never designed to handle that many people at one time and when it was built it certainly never took comfort into consideration. The air did not work so we had to raise the windows and bring fans in. Also, there is no audio system there so it was very difficult to hear what people were saying at times. The Senate actually functioned pretty close to normal but the chamber they worked it was about half the size of their regular quarters and was very dark. The biggest change of the day was the fact that the House could not vote by machine so we had roll call votes AND you had to be there to vote. This proved to be funny some times because there was “voting someone else’s machine” if you didn’t answer Aye or No then you did not get to vote. This led to a bit of skewing in vote tallies because many more Republicans stayed in the chamber to vote than Democrats. Once Republicans beat the General Fund Budget back a couple of times Democrats finally rounded up enough of their members into the chamber and they finally prevailed on the General Budget vote.

I will say this- it did make it a whole lot easier to go back and forth to the Senate since we were right across the hall from each other instead of being on different floors. This turned out great for me because I had the Notoriety bill and the Autism Regional Centers bill up at almost the same time in two different chambers. So I ran back and forth all day. Thank goodness the Rule of the House requiring coats be warn at all times was suspended!

I was excited to say though that I was still able to Facebook from the floor of the House. I bet when they drew up the articles to secede from the Union in that chamber they never dreamed we would Facebooking and Twittering from our Blackberry’s while making laws in there.

At the end of the day it was hot and very wet but we actually had a productive legislative day in both chambers. Next week we go in on Thursday in a very moldy state house again.

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On Tuesday the Education Budget should pass the House. While there will be a long debate I suspect, it should pass overwhelmingly. Here is a couple of key stats from the budget. In the Fiscal Year 2008 budget the break down between K-12 and Higher Education was 70% (K-12) to 30% (Higher Ed.). While the Education Budget Committee recommended a larger 71%-29% spending formula the federal stimulus made the funding breakdown alomst identical to the 70-30% spending last year.

I do not expect a lot of controversy in this budget because, like the General Fund there is a whole lot less money than years past to spend. The overall Education budget is about $420,000,000 more than the year before primarily because of the federal stimulus/bailout monies. Of course the dollars will be only a one year payout so they cannot be counted on for next year.

Compared to previous battles this should be a pretty slow one. While $420,000,000 sounds like a lot, in fact with it being one time money in a $6,200,000,000 budget it does not have nearly the impact in the debates as it should since the feds have already earmarked it.

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With the stimulus money coming in from Washington a little later than expected the General Fund and Education Budget outlines were crafted a little later than expected. Interestingly enough both seem poised to be passed by mid-next week. Usually the budget creates one of the biggest controveries of the session. Surprisingly both budget debates have been pretty quite so far. This follows a trend I have noticed over the years. In years past when there was a large amount of growth in the budget you had heated debates and drawn out negotiations on where the growth money should go. When you have budget years where there is very little growth or a reduction in the budget numbers you hear almost nothing in the debates. This is primarily because when you are broke you have nothing squabble over.

I expect the General Fund will be voted on today and then by Tuesday we will see the Education Budget reach the House floor. the only potential hang up for the General Fund will be the use of certain federal stimulus dollars. The Governor and the House Democrat Leadership have different interpretations of how this money can be used. The Governor feels like under the federal law only he can direct where this money can be spent while the House Democrats feel that the law allows for the legislature to make a determination with regard to certain dollars. Whether it causes the General Fund to be carried over for another day is yet to be determined.

After today we have two full weeks and then one final meeting day on the 18th before the session is over.

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Just as soon as I posted the blog that the legislative knot appeared to be unwinding that rope almost came back and slapped me in the face. I was wrong. Just when it appeared that the session was going to start flowing again it continued to have problems. In the House, the Republican Caucus stopped filibustering because all the bills being considered were House Democrat and Republican bills without any Senate bills on the calendar. The Black Caucus did not seem happy with this however and felt like some in the Democrat leadership had betrayed them so they continued their filibuster with Rep. John Rogers basically controlling the entire House flow of legislation. In the end we did pass a few bills including one that would provide for greater access to overseas voting. After those few bills passed Rep. Rogers and Holmes started their filibuster again which ended the week.

While the Senate is still locked in strong filibuster by Sen. Phil Poole and Sen. Bobby Singleton I am very thankful to Sen. Poole and the entire Alabama Senate for allowing House Bill 41 which is the Autism Support Act to be passed into law. It was Autism Legislative Day in Montgomery and I was great to have so many parents in town to talk one on one with their legislators about the need for the State of Alabama to do a better job in providing autism services.

A pattern is starting to appear in the House. It looks like the Black Caucus is filibustering the first half of every legislative day before allowing abotu 4 bills to pass then going back into filibuster mode to shut down any further work. Next week we will be dealing with the General Fund Budget in the House and I expect the filibustering will end for a while to pass this budget then it will most likely resume again as we start back on regular business.

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After a couple of weeks in the legislature where the House has been tied up in procedural knots and the Senate has been working smoothly it looks like things are about to get back to normal. Or at least as normal is for the legislature. The House is typically the chamber of order where the Speaker keeps things flowing on a steady pace of legislative bills moving through the system. It is jokingly called the Speaker’s “flow chart” because the process typically moves just like you would expect to see a flow chart of orderly lawmaking should look. Well with the Black Caucus upset with the failure of the gorcery tax and the House Republicans upset that the Senate has refused to bring up any House Republican bills we have been in the legislative twilight zone in the House. Nothing has hardly moved for two straight weeks now. The Senate is now working better than anyone has seen it work in quite some time and last week started to add some House Republican bills to their calendar. With good faith move by the Senate it now appears that it is up to the House GOP to step up to the plate. If the Senate does continue down its path this week and bring up House bills for debate then the House GOP will need to allow the legislative process to begin flowing again. The purpose of the objections from House Republicans was that under the system that was previously in place no House Republican bill would be considered at all in the Senate so there was no chance a Republican could have their legislation passed. This in turn created a distrust between the two bodies. I believe this going to change for the better with the legislation being considered by the Senate. The filibuster by the Black Caucus will likely continue, somewhat, but I believe the knots that have tied us for a couple of weeks are slowly loosening and should finally see productivity in the House again– I hope.

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For three legislative meetings the first bill considered was HB 116 by Representative John Knight. The bill would remove the state sales tax on groceries and in exchange phase out the federal income tax deduction.

House Republicans has blocked this measure being brought up for debate. House Republicans claim the removal of the federal income tax deduction would harm small business.

Representative Knight moments ago addressed this issue head-on with four specific tax examples. Consider the following:

A small business with an adjusted gross income of $300,000 of which $100,000 was income from Alabama, $100,000 was income from Georgia, and $100,000 was income from Florida would have a negative tax of $10,533. In other words they would pay no state income tax.

A small business with an adjusted gross income of $600,000 of which $200,000 was income from Alabama, $200,000 was income from Georgia, and $100,000 was income from Florida would have a negative tax of $43,972. In other words they would pay no state income tax.

A small business with an adjusted gross income of $1.5 million of which $500,000 was income from Alabama, $500,000 was income from Georgia, and $500,000 was income from Florida would have a negative tax credit of $138,962. In other words they would pay no state income tax.

A business with an adjusted gross income of $21 million of which $7 million was income from Alabama, $7 million was income from Georgia, and $7 million was income from Florida would have a negative tax of $1.2 million. In other words they would pay no state income tax.

To make matters worse the negative tax can be carried over from year-to-year and amounts to a credit in the event the business ever has taxable income.

It is just wrong for the removal of state sales tax on groceries bill to be blocked by House Republicans. It is a vote that cannot be justified no matter how hard one tries.

I believe the truth is that House Republicans fear this measure being on the ballot at the time they seek election in 2010.

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There are some interesting bills being debated in House Committees this upcoming week. Considering the pledge by Rep. John Rogers to kill the rest of the session on the floor of the House , committee action might be all that is seen this week. One bill by Rep. Greg Canfield would drastically change the way the Alabama adopts its state budgets. This bill would provide for a 15 year view of revenue growth in order to base budgeting for future years. This is a much better approach to the eclectic approach currently used by the various state budgeting committees.

Another bill that should generate some lively debate this will be a bill Rep. Patricia Todd to allow for the legal use of marijuana in certain medical cases. This bill has been around for several years and it always generates a good debate in the House Judiciary Committee. This committee has never been known to be easy on bill sponsors anyway so this should be a fun one to watch by political observers.

Finally my good friend Rep. Allen Treadaway continues to have fun with a bill that has been a political hot potato in Montgomery. His bill House Bill 556 would prevent the Sheriffs in Alabama from personally profiting from the system where they feed inmates. This issue came up as a result of some controveries with certain sheriffs in making tens of thousands of dollars by basically starving the inmates under their care and the profiting the left over food money. This is currently a legal practice in Alabama but certainly one that needs to change. Rep. Treadaway has a law enforcement background and has demonstrated he is determined to see this practice change.

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This past week was probably the longest legislative week many of us have had in a long time. Three days in a row on the floor of the House always are. This one was particularly bad due to the three votes in a row on the removal of sales taxes for groceries and the ripple effects of its failure to win the BIR vote. I can never remember a time when a single bill was allowed to be voted on for three times in a row in order to try and secure a victorious outcome. I know I have a couple of bills that may or may not be that popular dealing with ethics reform that cannot even get one vote on the floor of the House. However, as I mentioned in my last blog post, I have no intention of stopping the entire state’s business over this issue.

Rep. John Rogers gave a particularly rousing speech on why the rest of this session is dead because of the Republican position against this bill. At the microphone he publicly stated his personal mission was to filibuster the rest of this session until Republicans could see it in their heart to vote for this bill. Rep. Rogers also took the time to spread word on the House floor that the leadership had worked it already that all Republican bills would be at the bottom of the special order calendar from now on so that he could filibuster us into adjournment before the House gets to these bills. I am not sure how accurate this statement is and although I consider John a friend he has been known to blow things up just a bit. I have no doubt he will filibuster for as long as it takes but I have the House Rules Committee to be very reasonable when it comes to making sure the Special Order Calendar was not used as some political football.

Below is the proposed Special Order Calendar for Tuesday of next week. It starts off where we ended on Thursday with a bill from Rep. Ron Grantland.

Representative Grantland:

HB543

Wastewater onsite management entities, management of privately owned systems, regulation, Secs. 22-25B-1 to 22-25B-13, inclusive, added; Secs. 37-4-1, 40-21-53 am’d.; Secs. 22-25A-1 to 22-25A-10, inclusive, repealed

Representative Coleman:

HB207

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 Newton (C):

HB241

Income tax, Alabama estimated individual and corporate income tax payments to conform to federal system, individual estimated tax payment threshold increased, corporate estimate tax payment threshold decreased, Secs. 40-18-80, 40-18-80.1 am’d.; Secs. 40-18-82, 40-18-83, 40-18-83.1, 40-18-85 repealed

Representative Irons:

HB312

Electronic Security Board of Licensure, alarm system installers, additional classification established for central station, closed circuit television system, and electronic access system, exemption for general contractors, electricians, and homebuilders, further provided, Secs. 34-1A-1, 34-1A-4, 34-1A-6 am’d.

Representative England:

HB59

Criminal charges or convictions for certain felony or misdemeanor offenses, petition for expungement of records authorized under certain conditions, procedures

Representative Page:

HB498

Secondary metals recyclers, certain purchase transactions of copper and other metals, description of purchase to be posted on Internet on website designated by Public Safety Department, Sec. 13A-8-31 am’d.; Act 2007-451, 2007 Reg. Sess. am’d.,

Representative Morrow:

HB369

Heavy Equipment Dealer Act, established, transactions between manufacturers and distributors and their dealers, regulated, penalties

Representative Buskey:

HB538

Prescription drugs, certain health care facilities authorized to fill certain prescriptions at one location and deliver medication to clinics for patient pick-up, Sec. 34-23-70 am’d.

Representative Johnson:

HB567

Drugs, prescription, exempt from business license tax based on gross receipts, Sec. 40-23-4.1 am’d.

Representative Beasley:

HB588

Angel House Crime Victims Board and Fund, established to assist families of homicide victims, court costs, increased, Quenette’s Bill

Representative Payne:

HB578

Postsecondary education, two-year and four-year institutions of higher education, tuition and fees waived for recipients of Purple Heart under certain conditions

Representative Jackson:

HB501

Conservation and Natural Resources Department, commercial bird hunting license, alternate license provided where regular hunting license not required, fees, certain requirements deleted, Secs. 9-11-410, 9-11-412, 9-11-413, 9-11-414, 9-11-417 am’d.; Secs. 9-11-411, 9-11-415, 9-11-416 repealed

Representative Johnson:

HB484

Controlled substances, prescribing by physician assistants, registration certificate required, regulated by State Board of Medical Examiners, Secs. 20-2-60 to 20-2-69, inclusive, added; Secs. 20-2-214, 20-2-217 am’d.

Representative McMillan:

HB35

Estates, Alabama Small Estate Act, summary distribution for small estates, amount increased, notice and time periods, estates subject to act, Secs. 43-2-691, 43-2-692, 43-2-693 am’d.

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PROPOSED BY THE RULES COMMITTEE
FOR WEDNESDAY, APRIL 1, 2009
THE 16TH LEGISLATIVE DAY

HR _______ SPECIAL ORDER CALENDAR BY: HOUSE RULES COMMITTEE

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE LEGISLATURE OF ALABAMA, That immediately upon the adoption of this resolution, the following business, in the order set forth below, shall not be the special and paramount order of business for the 16th legislative day taking precedence over the regular order of business or any pending or unfinished business.

Representative Knight:
HB1400
State revenues, sales tax removed from food and whiskey, tax levied on air and dirt, revenues earmarked for country club improvements

Representative Black:
HB1998
Entertainment incentives, providing for table games and full-blown casinos, ownership of existing facilities transferred to Judiciary Committee chair, country music stars access provided for, income tax exemptions for showgirls

Representative Ward:
HB1994
Economic development, earmarking federal stimulus monies for the purchase of night clubs and saloons, further prohibiting dancing and carousing on Sundays

Representative Jackson:
HB3067
Alcoholic beverages, legalizing the sale and promoting the trade of high-alcohol-content white whiskey, repeals anti-bootlegging statutes, naming law the Free The Corn Act, prohibiting the use of corn as feed for fighting roosters

Representative Payne:
HB1999
Tobacco, cigarette lighters prohibited, matches regulated, fires caused by lightning strikes and flint sparks approved, confiscated lighters designated for North Carolina no smoking campaign

Representative Lindsey:
HB9547
Film incentives, tax credits for professional movies, tax levied on home movies, further provides for confiscation of unsuitable videos for storage in legislative archives and establishment of legislative viewing room, special tax credit for Catherine Zeta-Jones, Julia Roberts, and Angelina Jolie.

Representative DeMarco:
HB1702
Ethics, increasing the amount of a thing of value, gifts prohibited from family members, gifts allowed from lobbyists not to exceed $50,000 a day, receipt of football tickets prohibited for non-conference games, transferring powers of Ethics Commission to new state Gaming Commission

Representative McLaughlin:
HB6091
Elections, campaigns, prohibit six-pack to six-pack contributions, special tax credits for dry cleaners and numbers runners

Representative Wren:
HB5309
Energy incentives, providing tax credits for wood fireplace construction, windmill farms on Dauphin Island, flux capacitors on vehicles, incentives for river transportation by mule-drawn barge, air traffic congestion reduction through use of hot-air balloons on methane collection from agricultural sources, algae farms on navigable waterways, solar power generation at night

Representative Graham
HB4973
Government control act, Paul Hubbert declared King, tax exemption for bananas to feed 800-pound gorillas

Representative Gipson:
HB3400
Motor vehicles, graduated drivers licensing, babies under two years of age allowed to operate tractors and other farm equipment, elderly to lose privileges as age increases

Representative Dunn:
HB5921
Motor vehicles, criminal penalties, driving under the influence of politics, ignition interlock devices for listening to Rush Limbaugh

Representative McCutcheon:
HB1667
Disclosure, accountability, requiring governor to post on internet flight logs, discretionary fund expenditures and names of visitors at first lady’s garden parties, afternoon teas excepted

Representative Rogers
HB5968
Relating to weight reduction, legalization and promotion of devices for stimulation use related to length of filibusters

Representative McClendon
HB4583
Motor vehicles, prohibits text messaging while driving, allows operation of i-pods, boom boxes, DVD players, satellite televisions, hair dryers, electric shavers, and portable margarita blenders, felony penalties provided for

Representative Ford
HB4287
College tuition stimulus act of 2009 to be known as the Ivey Relief Act

Representative Ward
HB7749
Cockfighting, ultimate goat wrestling, cage sheep fighting, endorsed by the World Wrestling Foundation, further exemption on chicken litter and ruminant manure as authorized and approved by the Alabama Farmers Federation

Representative Hammett
HB9848
Dirt road elimination act, to provide for the elimination of dirt roads in an area of the State of Alabama north of the state of Florida and South of Butler and Crenshaw counties which lies East of Conecuh and Escambia counties and west of Coffee and Geneva Counties.

Representative Hubbard
HB8949
Authorize sports advertising contracts, all state universities, post secondary, K-12, T-ball, youth soccer leagues, limitation 1.5 million tickets, parking spaces restricted to all those within one mile of stadium

Representative Lindsey
HB398
To impose an excise tax on the sale of wool or wool related products in the state of Alabama and direct the proceeds of said tax to the Education Trust Fund, and to further provide for a tax credit for the purchase, manufacture or use of cotton fibers, said credit to be supplanted by funds of the General Fund of the State of Alabama.

Representative Love
HB4987
To provide personal and dependent tax exemptions for those receiving rhytidectomy and for the act to be known as the Pelosi Stimulus Act.

Representative Robinson J
HB3859
Official state song and program, Sweet Home Alabama declared

Representative Bentley
HB3849
Troy King declared the official Attorney General of Alabama, governor’s ill perceived powers checked, lame duck status reconfirmed

Representative Hammon
HB7832
Immigration Act, declared if you can’t spell immigration you can’t stay, English only

Representative Martin
HB6532
Overseas voting allowed, minimum size of bottles and appropriate cork standards imposed, bottles found on the Alabama gulf coast counted, other bottles found along the Florida or Mississippi Gulf coast to be deemed provisional ballots, carrier pigeons excepted

Representative Mask
HB9830
Comic figures regulated, prohibition against public officials posing as comic figures, criminal penalties imposed. Known as the Aubie Unmasking Act of 2009, further Aubie declared the official state mascot.

Representative Barton
HB2239
Dolphin sand bar rebuilding act, to prevent nature’s fury and provide insurance coverage to those building their houses upon the sand

Representative Hall
HB5394
Reagan-Bush day established as official state holiday, Governor Sarah Palin and Rush Limbaugh honored guest at inaugural event to be held in Gulf Shores on June 9, 2009 all Republicans in Senate District 7 to be granted excused absences from employment with full compensation

Representative Allen
HB1129
Prohibiting the using of the left arm to signal right turns, to be known as the Confused Signal Act of 2009, endorsed by Alabama Association for Justice

Representative Vance
HB4960
Purchase of Colonial Bank by Retirement Systems of Alabama, conversion of bank facilities to PGA caliber clubhouses, bent grass to be on bank lawns with free putting green, Dr. David Bronner to be first President, CEO and CFO, former Colonial officers to be MIA.

Representative Page
HB4960
Assault weapons allowed in the work place, small surface to air missiles allowed for backyard use only, excepted from pistol permit requirements

Representative Bridges
HB3567
Exemption of sales tax for the sale of footwear and boots sold within the Alabama statehouse

Representative Scott
HB2059
Prohibition against ATM fees exceeding the value of a single share of bank stock.

Representative Ball
HB4969
Ethics revision, lobbyists prohibited from providing coffee to legislators, Irish coffee excluded, further providing floor privileges to registered lobbyist maintaining a minimum of ten pacs

Newton D
HB2859
Constitutional amendment 4017 proposed, to adopt a new state constitution, to let the people vote on the formation of a constitutional convention to let the people vote on a proposed new state constitution

Representative Guin
HB9999
Declaring this special order the official legislative April Fool’s joke of 2009

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We have all heard the old saying second verse, same as the first. Well this is very applicable to this week in the House of Representatives. After the removal of sales taxes on groceries failed to receive the BIR vote last week a filibuster was started by the Black Caucus who supported the bill. This week started with the filibuster continuing by the Black Caucus and today we have the the Grocery Tax Bill coming back up for a vote again. This means that the bill probably has the BIR votes this time or else there would be no reason to have it first on the calendar. It will be a very close vote though. I suspect it will get the BIR and then it will fail to get the necessary votes of 63 to pass the House and then a filibuster will start all over again. Of course with issues like this it is tough to get a real read on because there is a lot of lobbying to get the necessary votes for passage. It should make for an interesting afternoon.

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When the Alabama Legislature returns to session on Tuesday to meet for the 15th legislative day it will mark the halfway point in the session. A regular session has a maximum of 30 legislative days (or meeting days). Days in which committees meet are not considered legislative days for purposes of marking time in the session.

On Thursday of last week I offered the below special order calendar. Because of the ongoing filibuster resulting from the failure of Representative Knight’s elimination of the state sales tax on groceries there were no bills passed on Tuesday or Thursday of last week. I intend to offer the same calendar on Tuesday. It is my hope we begin moving forward as Representative Knight continues to work to pass his bill during this session.

Senator Barron - Rep. Keahey:
SB367
Mortgage financing program and mortgage guarantee fund, established, Housing Finance Authority to administer program and State Treasurer’s Office to administer fund, appropriation from Alabama Capital Improvement Trust Fund, Home Buyers Initiative Act

Representative Fields:
HB611
Code of Alabama 1975, distribution to members of Legislature and Lieutenant Governor and other recipients upon request, notification process, Sec. 41-21-1 am’d.; Sec. 41-21-2 repealed

Representative Vance:
HB143
Banks and other financial institutions, public deposits of counties, municipalities, local boards of education, authorized to place deposits with a qualified public depository which places funds with other financial institutions so that all funds insured by FDIC, Sec. 41-14A-3 am’d.

Representative Fite:
HB147
Medicaid, certain women diagnosed with breast or cervical cancer by any health care provider, treatment covered, Sec. 22-6-11 am’d.

Representative Coleman:
HB207
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 McMillan:
HB35
Estates, Alabama Small Estate Act, summary distribution for small estates, amount increased, notice and time periods, estates subject to act, Secs. 43-2-691, 43-2-692, 43-2-693 am’d.

Representative Newton (C):
HB241
Income tax, Alabama estimated individual and corporate income tax payments to conform to federal system, individual estimated tax payment threshold decreased, corporate estimate tax payment threshold increased, Secs. 40-18-80, 40-18-80.1 am’d.; Secs. 40-18-82, 40-18-83, 40-18-83.1, 40-18-85 repealed

Representative Baker (A):
HB494
Emergency management, Governor and local emergency management agencies, mutual aid agreements with federally recognized Indian tribes, authorized, Secs. 31-9-6, 31-9-9 am’d.

Representative Boothe:
HB528
Explosives and explosive devices, biological and bacteriological weapons, prohibited, forfeiture and seizure, fines, penalties, falsely reporting an incident, penalties altered if educational facilities involved, Sec. 13A-11-11 am’d.; Sec. 13A-7-44 repealed

Representative Collier:
HB555
Shrimp, saltwater bait shrimp license, regulation of shrimping areas for bait and the number of shrimp baskets licensee may have in his or her possession, Sec. 9-12-54.4 am’d.

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I have long supported cutting taxes as an effective means of stimulating the economy and providing citizens the financial relief they deserve, and Republicans in the legislature are no different. In the past few years, we have successfully promoted the first state income tax cut in more than 70 years and pushed an historic small business tax deduction that assists employers in providing affordable health insurance coverage to those who work for them despite opposition from well entrenched special interests.

Given this history of tax reform, you may ask yourself why House Republicans voted as a group this week to block a bill that would remove the state sales tax from groceries and food items. To be honest the answer is that the bill was just too good to be true.

Rep. John Knight (D – Montgomery), did make an honest effort to remove the four percent state sales tax from groceries, but it paid for the measure by repealing the state tax exemption on federal income taxes that you pay to the government. The net result would be one group of Alabama citizens reaping most of the benefits while another group of taxpayers absorbs all of the pain.

If this legislation were enacted, approximately one-third of taxpaying families in the state would see their taxes increase dramatically, and small businesses organized as limited liability companies would experience substantial increases at this time of unprecedented economic turmoil.

When coupled with the upcoming expiration of the Bush tax cuts and the new federal income tax increases will occur under President Obama’s budget in 2010-2011, many Alabama families and small business owners would find their personal finances crippled under the plan that came before the House.

We are in the worst economic crisis in generations. Wall Street is on a rollercoaster ride, and small business owners are worried about simply keeping the doors open at their current level of taxation. Now is simply not the time to raise taxes on any segment of the economy.

There are alternative methods to removing the sales tax on groceries, and if can just sit down in a true bi-partisan manner then I believe we could agree on a plan that does not require their $100 million tax increase. In Idaho for example a tax program has been created that provides citizens who file state returns with a year-end rebate for the grocery taxes they pay. This system of would allow for Alabama to give as meaningful tax break to those who deserve it the most- those who annually make less than the state or federal poverty level for income.

Everyone agrees that there is a real need to reform our tax code by slashing state taxes on groceries, but a multi-million dollar tax increase is definitely not the way to achieve this goal. A real, bi-partisan discussion on this issue would help all of our citizens get beyond the rhetoric and into solving real problems facing our state.

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The week played as I expected unfortunately. The Constitutional Amendment to remove the state portion of the sales tax from certain grocery sales in Alabama failed to receive the BIR vote. With that the House Black Caucus vowed to kill the rest of the legislative session with filibustering until this bill was passed. I find this position somewhat interesting because the black caucus also took a position several weeks ago against my legislation to grant subpoena powers to the Ethics Commission. Since they took their position the bill is now not allowed to be put on the Special Order Calendar. While I obviously did not like this I didn’t threaten to make government come to a stand still. I just moved on to the next legislation we were working on in the House. We have too many issues to deal with in this state and to let one bill hold up the entire House for the rest of the session just isn’t sensible in my opinion.

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It was only a matter of time before the heavy lifting issues finally confronted this legislative session. So far both the House and the Senate have blazed through the session quicker than a forest fire on dry timber out west. We have cheered the number of bills we have passed and even the Senate has got in to the act by one day proclaiming “we passed more bills than the House so far this session.” Of course we all knew it would have to come to an end at some point and this is the week it will happen. Now someone who studies politics would say why is this the case? Why not just vote up or down on an issue and then move on to the next issue without any personal grudges or animosities. This would be true if it were not for human nature. People get upset when they lose and therefore look for a way to get another win under their belt. This is the way it is in football, baseball, and yes even politics. I say all this because tomorrow the House will bring up the Sales Tax on Groceries Bill and the Senate some time soon will bring up the Bingo Bill. Both bills are likely to fail in my opinion but by VERY close margins. This will in turn have supporters of the legislation looking to “pay back” those who voted against their bills. This will in turn lead to a severe slow down of the legislative process.

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I recently saw a bumper sticker, which simply read, “Thank God for Mississippi.” It wasn’t meant as a complement to the Magnolia State. Only two states in the nation tax the purchase of food – Alabama and Mississippi. What’s wrong with this picture?

Currently, 4 cents of every dollar spent on food is taxed by the state. According to the United States Department of Agriculture in 2007 the average family of four spent $6,525.60 per year on food. That means the state received $261.02 from the average family for the cost of food that year in tax revenue.

The state food tax produces approximately $300 million annually for education. Because all sales tax is earmarked for education and Alabama spends near the least on education of any other state in the country it wouldn’t be prudent to simply cut out this sale tax on the backs of the students of this state.

Representative John Knight has introduced the Tax Fairness Amendment of 2009. This amendment would eliminate the state tax on food and make up the revenue by gradually eliminating the federal income tax deduction for upper level wage earners. For example, this deduction would begin to be reduced for joint fillers earnings in excess of $125,000 in adjusted gross income and the would be completely phased out for those earning over $400,000.

The net effect of the legislation on the average family of four is a reduction in taxes for all families earning under $200,000. The Alabama Legislative Fiscal Office estimates the average family of four would save $468 per year as a result of the reduction of the sales tax on food.

This will be the first bill voted upon when the legislature returns into session on Tuesday. It is an important bill. It is the only bill before the Alabama House of Representatives, which provides a middle class tax cut.

The opponents of this measure have reached into a sorted bag of tricks in an attempt to make this some type of economic class war. Many have said this just helps the poor – that’s just not true. By example, those purchasing food with Food Stamps don’t pay sales tax. This is a tax cut for the middle class. To parse the argument of the opponents one step further, what would be the problem with helping the poor? This bill doesn’t but those opposed to the bill seem to suggest there would be something wrong in reaching out to the least financially equipped among us.

There is nothing fair about the tax structure in Alabama. This is one chip from the large mountain of tax unfairness that we have as a result of living under one of the most antiquated state constitutions in the nation. The time has come for tax fairness.

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Below is a copy of the special order calendar for the House next week. This is a not-so special order because if you have a bill of interest located on this calendar after the first bill you can pretty much be sure that we will never get to it. The first bill on the calendar is HB 116 by Rep. Knight. This is the bill to remove sales taxes on groceries. There are a couple of different versions of this legislation floating around but Rep. Knight has long championed this issue. Rep. Knight’s bill would remove the state sales tax on groceries in Alabama and phase out the deduction a taxpayer can take for federal income taxes they paid. The biggest question is whether or not this bill will get BIR votes necessary to go forward. If it does, and I think it will be very close, then most of Tuesday will be spent debating this legislation. If the bill does not receive the necessary votes for the BIR then I would imagine the rest of the day (and most likely days ahead) will be spent retaliating against those who did not support the bill. Either way it promises to slow things down considerably in the House.

Special Order Calendar for Tuesday:

Representative Knight:

HB116

Federal income tax deduction eliminated from Alabama gross income, state sales tax on food removed, individual income tax standard deductions, personal exemptions, and dependent exemptions, increased, const. amend.

Representative Fields:

HB611

Code of Alabama 1975, distribution to members of Legislature and Lieutenant Governor and other recipients upon request, notification process, Sec. 41-21-1 am’d.; Sec. 41-21-2 repealed

Representative Black:

HB395

Criminal sentencing, voluntary sentencing standards, modified as adopted by Sentencing Commission on January 16, 2009

Representative Black:

HB396

Criminal sentencing, voluntary truth-in-sentencing standards, implementation delayed until 2011, Secs. 12-25-32, 12-25-34, 12-25-36 am’d.

Representative Fields:

HB595

Municipalities, may not impose certain fees and charges regarding granting of consent to public utilities to use public streets and places, Sec. 11-49-1 am’d.

Representative Wood:

HB590

McClellan Development Authority, established, members, duties, purpose, powers, authority to develop and convey property that formerly comprised Fort McClellan

Representative Todd:

HB131

Commission to Reduce Poverty, established, members, duties, appropriation

Representative Buskey:

HB538

Prescription drugs, certain health care facilities authorized to fill certain prescriptions at one location and deliver medication to clinics for patient pick-up, Sec. 34-23-70 am’d.

Representative Payne:

HB578

Postsecondary education, two-year and four-year institutions of higher education, tuition and fees waived for recipients of Purple Heart under certain conditions

Representative McDaniel:

HB314

Unemployment compensation, appropriation from certain federal funds for administrative purposes, Sec. 25-4-72 am’d.; Act 2008-500, 2008 Reg. Sess. am’d.

Representative Hill:

HB303

Redemption of property sold for delinquent ad valorem taxes, subsequent purchases, procedure altered, Secs. 40-10-19, 40-10-29, 40-10-75, 40-10-76, 40-10-77, 40-10-78, 40-10-82, 40-10-83, 40-10-120, 40-10-122, 40-10-128 am’d.

Representative Morrow:

HB369

Heavy Equipment Dealer Act, established, transactions between manufacturers and distributors and their dealers, regulated, penalties

Representative Gipson:

HB274

Alabama Disaster Recovery Program and Fund, established to assist counties and municipalities with disaster recovery, committee to administer

Representative Thigpen:

HB378

Motor vehicles, used motor vehicle dealer or motor vehicle wholesaler, licensure and regulation, additional training required for new applicants, Revenue Department to enforce, Secs. 40-12-390, 40-12-391 am’d.

Representative Irons:

HB312

Electronic Security Board of Licensure, alarm system installers, additional classification established for central station, closed circuit television system, and electronic access system, exemption for general contractors, electricians, and homebuilders, further provided, Secs. 34-1A-1, 34-1A-4, 34-1A-6 am’d.

Senator Denton - Rep. Johnson:

SB89

Health Department, health care facilities, statewide collection and reporting of patient infection data, Health Care Data Advisory Council established, subject to Sunset Law, Mike Denton Infection Reporting Act

Senator Means - Rep. Hill:

SB114

State employees, merit system employees, layoffs, conditions, Sec. 36-26-26 am’d.

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By now many people throughout Alabama have heard about the financial fiasco that has taken place with monies invested in the PACT Trust Fund investment portfolio for the Alabama Prepaid Affordable College Tuition Plan (PACT). If you are parent like me, who has invested in this program thinking we had a guaranteed nest egg for our child’s education, then you are likely very nervous about this situation.

Almost two decades ago Alabama joined the trend of many other states at that time and created a PACT program. This program is structured similar to the Retirement System of Alabama in that it is overseen by a board of directors that meets on a regular basis. The PACT Board most recently met in February 2009. During this time the Board was informed by its financial analyst that the stock market declines had reduced the PACT program assets from $605,726,831 at the end of 2008 to approximately $480,000,000 today. As the severity of this problem unfolded, State Treasurer Kay Ivey held a news conference announcing that the PACT program is also suffering from the rising cost of tuition/fees and that the number of PACT students receiving benefits are at an all-time high. Currently there are over 40,000 enrollees in this program and the amount of money held in assets is dwindling and the cost of tution is rising so now we have a financial tsunami for the PACT Board and political firestorm for the State Treasurer.

This crisis is likely to come to a head on March 24th when the PACT Board meets again to announce its proposed solutions to this problem. One route which has already been under way and met only limited success was to have universities honor the PACT enrollees benefits and just take a loss for the school. Some schools such as Troy University agreed to this to the tune of a $3 million loss. Alabama and Auburn University have balked at this arrangement because they have the highest number of enrollees and their financial losses would be HUGE. In the end the PACT only has a couple of real options- they could close enrollment in PACT, they could continue discussions with higher education institutions in the state to seek accommodations or consider statutory changes, including possible reductions in future reimbursement benefits.

Regardless of the board’s decision the political fall out will not go away so quickly. Several legitimate questions are being asked by the public. First, why was part of the financial audit report that detailed the PACT’s investments omitted from their annual report? Why were people who enrolled in the program in its earlier years told in their contract that it was “guaranteed” when the state did not have the authority to do this? Later this terminology was no longer used in the PACT program contracts. Another questions that comes to mind is in light of so many other states around the country discontinuing the use of these plans, why did Alabama not only continue enrolling families in this program but it was widely touted by every State Treasurer who ran for re-election to this office?

Finally, the biggest insult to those invested in this plan was how the troubles were announced to the public. Most people who participated in this program were notified of the financial problems by a letter that was received two days AFTER media reports began discussing this problem. Surely the board could have seen these problems ahead and notified the investors about this?

While a lot of questions will likely be answered at the next PACT board meeting on the 24th the financial and political fallout from this issue will carry on for months or years to come.

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Today Republican House members killed SB 71 after intense lobbying effort by the Governors office. SB 71 simply allowed for the Governor, Lt. Governor and Speaker of the House to appoint individual to serve on his or her behalf on various boards, commissions and committees. The primary purposes of the bill was to help make a quorum at meetings when the office holder had a conflict. All three serve on many different committees and boards by virtue of their office. While I have no idea why the Governor would be opposed to this bill, I do find an amazing level of hypocrisy in his opposition. As you will recall back in December about the same time the Governor was announcing a hiring freeze, he hired Twinkle Andress Cavanaugh, the former Chair of the Alabama Republican party. Now that action was hypocritical enough, but the real hypocrisy had yet to rear its head until today. The job that Twinkle was hired to do? Attend meetings of boards and commissions for the Finance Director Jim Main. Now that may be the pinnacle of hypocrisy.

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It is getting that time of the week when everyone in the legislature is ready to get back home. After a very long Tuesday and Wednesday we all are about at the end of our ropes by Thursday. Special Order calendars for Thursday have in many years past caused us to work and then break for lunch, before coming back and working again in the afternoon. So far this year we have finished the special order calendar in the House before lunch so we were able to head back to our districts right around noon. This has led to some almost comical votes in my opinion because it means having a bill at the bottom of the special order calendar is no longer the kiss of death. On the contrary when you get to that last bill on Thursday this session you find that so many people are ready to hit the road and not get held over until after lunch that the final bill on the calendar is breezing through. This can lead to some good bills that would otherwise be difficult, pass easily but it can also lead to a rushed judgment on a bill that might really need some more consideration.

Here is the special order calendar for today. Alcohol is in on the third straight calendar in a row which is actually quite rare.

Representative Collier:

HB68

Eluding a law enforcement officer, crime established, penalties, Officer Keith E. Houts Act, Sec. 32-5A-193 repealed

Representative Martin:

HB175

Alcoholic beverages, municipal option elections authorized in municipalities having population of 500 or more, Secs. 28-2A-1, 28-2A-3 am’d.; Sec. 28-2A-4 repealed

Senator Mitchell:

SB71

Governor, Lieutenant Governor, and Speaker of the House Representatives authorized to appoint individual to serve on his or her behalf on various boards, commissions, committees, councils, and similar entities

Senator Barron:

SB197

State funds, State Treasurer to apportion time deposits, open account, priority to state chartered banks, consideration of other economic factors, Secs. 41-14-31, 41-14-33 am’d.

Representative Hilliard:

HB199

School safety, plans and protocols, local boards of education to adopt, principals required to instruct students regarding various school safety matters and employ certain procedures

Representative Canfield:

HB514

Schools in unincorporated areas of county, county commission authorized to establish reduced speed school zones on roads and highways, signs required, Transportation Department to provide signs on state highways, fines doubled, County and Municipal Reduced Speed School Zone Act

Representative Boothe:

HB459

Troy State University System, name changed to Troy University, State Superintendent of Education removed from board of trustees, geographic areas represented on the board reduced with appointment of additional at-large member, staggering deleted, references to presidents deleted, Secs. 16-56-1, 16-56-2, 16-56-3, 16-56-4, 16-56-6, 16-56-7, 16-56-10, 16-56-12 am’d.

Representative Shiver:

HB419

Veterans’ nursing homes, residents, residential maintenance fees, payment directly to service provided, Sec. 31-5A-10 am’d.

Representative Irons:

HB559

Juvenile court, commitments, petitions to Mental Health and Mental Retardation Department, placement in facilities outside department, Secs. 12-15-405, 12-15-409, 12-15-410 am’d.; Act 2008-277, 2008 Reg. Sess. am’d.

Representative McClendon:

HB152

Eye care providers including optometrists and ophthalmologists, health insurance policies or plans, prohibited from requiring provider to participate in other policies or plans or purchase other supplies, Access to Eye Care Act, Sec. 27-56-4 am’d.

Representative Fields:

HB595

Municipalities, may not impose certain fees and charges regarding granting of consent to public utilities to use public streets and places, Sec. 11-49-1 am’d.

Representative Johnson:

HB484

Controlled substances, prescribing by physician assistants, registration certificate required, regulated by State Board of Medical Examiners, Secs. 20-2-60 to 20-2-69, inclusive, added; Secs. 20-2-214, 20-2-217 am’d.

Representative Vance:

HB201

Stolen or missing instruments, person acquiring may enforce, Sec. 7-3-309 am’d.

Representative Collier:

HB555

Shrimp, saltwater bait shrimp license, regulation of shrimping areas for bait and the number of shrimp baskets licensee may have in his or her possession, Sec. 9-12-54.4 am’d.

Representative Coleman:

HB207

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 Johnson:

HB566

Health care facilities, definition to include hospice services in requirement for certificate of need, State Health Planning and Development Agency moratorium on new hospices removed, Secs. 22-4-2, 22-21-29, 22-21-260 am’d.

Representative Martin:

HB436

Definition of Moral Turpitude Act, established, crimes which disqualify citizens from voting provided, Sec. 17-3-30.1 added

Representative Hilliard:

HB631

Conservation and Natural Resources Department, cooperative agreements with other states, commissioner authorized to enter agreements with federal government and other states regarding suspension, revocation, and reinstatement of hunting, fishing, and other licenses, Secs. 9-2-2, 9-2-7 am’d.

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There a couple of things you can almost always count on in Alabama politics, the sun will always rise in the morning and the Alabama Legislature will consider a bill to legalize gambling every session. Ken touched on the details of the current legislation beign proposed in his blog but I would like to talk about what is going to happen next. I feel like I can speak with confidence on this subject because it is the exact same series of events every session.

First, the proponents of gambling will come out with a bill that says “it’s already here so we might as well tax it and take advantage of the revenue that it can bring in.” The proponents will argue next that this is not about voting for or against gambling, it is “about giving the people, the right to vote.” Soon the state house will fill with rumors that the bill has 6 more votes than necessary to finally pass the legislature.

Second, the opponents of the legislation will scream that “this time the gambling proponents finally have the votes and we must work double hard to reverse the tide before it is too late.” Be on your toes because at any moment this bill could pop up and we would all be caught off guard and steam rolled by the gambling proponents under this argument. Sometimes this fear is not without merit but it can be overhyped at times.

Finally, the day of the vote comes and the bill falls short by about 6 or 7 votes. I say this because this has been the exact same result for the last 7 times this bill was brought before the House.

Now there are a couple of interesting twists in this political drama. For the first time since I can remember, AEA has joined forces with the gambling proponents to push for the legislation. Also, in a rare but shrewd move, the Indian tribes have also joined with the gambling proponents to push for final passage. I say this because in Montgomery you never know what will happen. One thing is for sure though, just as sure as the sun will rise, a bingo bill has been introduced in the House.

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On Thursday HB 676 by Representative Marcel Black and SB 471 by Senator Quinton Ross regarding the play of bingo in Alabama were introduced. The introduction of these bills was long anticipated.

It is reported a group of gaming operators have been meeting in Montgomery for months in an effort to forge an alliance, coalesce support and form legislation.

The playing of bingo in Alabama should be regulated and taxed.

The play of electronic bingo is in Alabama to stay, if at a minimum at three Indian facilities. The federal government regulates this and there is nothing the legislature of Alabama can do to stop it. It’s here like it or not, and there isn’t a cent of taxes being paid to the state by these Indian casinos. There is also bingo played in other counties such as Greene, Lowndes, Macon and Walker. With the exception of Walker County I don’t know how much local tax revenue is generated. In Walker County bingo is the first or second greatest stream of tax revenue to the county government, where over $3 million is collected annually.

There should be a state gaming commission, which regulates all gaming in the state. In my home county I have personally observed how the lack of regulations has caused problems in this industry. Any gaming in Alabama should be heavily regulated. A gaming commission with long, sharp teeth, not those of a toothless paper tiger, should regulate the licensing and regulation of all facilities.

Gaming if allowed should generate the most revenue possible for the local and state governments. This legislation is seriously flawed in this area. First, the proposed law limits the amount of tax that could be levied by the local government. I disagree with that provision. Second, there are some bingo facilities that would only be taxed at a 10% rate for five years while others would be taxed at a 20% rate immediately. In my opinion the proposed tax is too low and should apply equally to all.

The concept behind this legislation is good. The problems are found in the details of the legislation, many of which I have not addressed in this post.

On a personal note, I consider myself friends with many who support this legislation both at the state level and in my local house district, and the house sponsor, Representative Marcel Black is one of my dearest friends. However, on this issue we need to step back and look at the issue for what it is, not for who may support certain aspects of the legislation.

This legislation deserves much scrutiny as it moves through the legislative process.

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A bill is pending in the legislature which would limit an investigation conducted by the Ethics Commission to thirty days. Thirty days is not enough time to conduct any type of meaningful investigation.

The real question is what prompted this type of legislation in the first place. Often legislation is introduced, which has no real chance of passing, but is designed for the purpose of making a statement.

Currently, law allows for an ethics complaint to be filed anonymously. This is good public policy in that we want there to be no fear of repercussion resulting from the filing of a valid complaint.

However, it is the policy of the Ethics Commission to confirm the filing of a complaint in writing to the complaining party. Too often these letters of confirmation are leaked to the news media. In many instances, whether the respondent to the ethics complaint violated the law or not, the purpose has been achieved the negative news story resulting from the filing of a complaint.

Too often the press sensationalize the filing of an ethics complaint. Rarely, would one find a new outlet to report as prominently in the dismissal of a complaint. Most complaints filed with the Ethics Commission are dismissed without hearing.

So, what statement is being made in this legislation? I can only guess, but it may be that it is time to look closely at those filing frivolous complaints or to prohibit changing the policy of official notification until a preliminary investigation has been conducted.

We want the ethics laws to be tough but at the same time fair to those wrongly accused.

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On Tuesday Representative Paul DeMarco’s bill will be first on the calender. His bill is in position to be substituted with the Senate bill sponsored by Senator Jabo Waggoner. This bill would regulate the hauling of steel coils on Alabama highways. In recent years there have been substantial problems with trucks dropping steel coils on the interstate highways.

We had hoped to pass this bill last week, but because of delays in the Senate there was substantial house opposition to begin passing Senate bills. On Thursday the Senate did pass a house bill.

I’m sure it sounds petty to hold senate bills until house bills are passed. However, this seems to be the only way to encourage senate action.

I do believe the vast majority of senators want to have productive session this year. I am encouraged by their progress thus far.

On with the calendar.

Representative DeMarco:
HB67
Commercial motor vehicles, trucks carrying metal coils, criminal penalties for failure to comply with federal regulations and for violations where metal coils fall off onto public roads, Public Safety Department to provide driver training standards and certification, Metal Coil Securement Act, Secs. 32-9A-2, 32-9A-4 am’d.; Act 2008-336, 2008 Reg. Sess. am’d.

Representative Collier:
HB68
Eluding a law enforcement officer, crime established, penalties, Officer Keith E. Houts Act, Sec. 32-5A-193 repealed

Representative Keahey:
HB65
County law libraries, expenditure of funds for maintenance and all activities related to effective administration of justice, sale or exchange of property authorized, circuit judge to oversee operation

Representative Johnson:
HB96
Engineers and Land Surveyors, State Board of Licensure for Professional, licensure requirements, members increased, retroactive effect, Secs. 34-11-4, 34-11-7, 34-11-30 am’d.

Representative Page:
HB445
Leasing, heavy equipment, recovery fee on gross receipts, lessor to use to pay personal property tax of taxing jurisdictions, exceptions

Representative Gipson:
HB162
Prisoners, immediate notification of media upon escape from prison, jail, or youth detention center

Representative Fite:
HB375
Jacksonville State University Police Department, employment of police officers, duties, arrest powers, offenders taken to municipal or district court, Sec. 16-52-12.1 added; Sec. 16-52-12 am’d.

Representative Black:
HB479
Counties, bond financing agreements, county commission to complete a bond financing review form, acknowledgment of certain factors, Examiners of Public Accounts to prepare form, filing and retention with

Representative McLaughlin:
HB553
Domestic violence, protection orders, defined, penalties increased, lack of knowledge of order as a defense eliminated, Domestic Violence Protection Order Enforcement Act, Secs. 30-5A-1, 30-5A-2, 30-5A-4 am’d.; Sec. 30-5A-3 amended and renumbered as 13A-6-150

Representative McLaughlin:
HB552
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 McClammy:
HB184
Heating and Air Conditioning Contractors, Board of, expanded and renamed the Heating, Air Conditioning, and Refrigeration Contractors, State Board of, to include regulation of refrigeration contractors, display of certification numbers required, apprentice registration and board fees, continuing education programs, exam requirements and exemptions, performance bonds, fines, subject to Sunset Law, Secs. 34-31-18, 34-31-19, 34-31-20, 34-31-24, 34-31-25, 34-31-26, 34-31-28, 34-31-29, 34-31-30, 34-31-32, 34-31-35 am’d.; Act 2008-130, 2008 Reg. Sess. am’d.

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The Special Order Calendar to be debated by the House on Thursday is pretty boring stuff for the most part. I can say this because two of these bills are mine. When I say boring some legislators take offense to this but this is not too say their bills are not important its just that they really don’t inspire the kind of political debate one is used to on a blog. The one bill which is an exception to the rule is rep. Greg Canfield’s bill to increase the amount of alcohol that can be served in Alabama wines. This comes on the heel of Rep. Thomas Jackson’s bill which passed yesterday allowing for a higher alochol content limit in beer sold in Alabama. Below is the Special Order.

Representative Baker (A):

HB493

State property, time period for state to repurchase land sold by state decreased, municipal commercial development authorities exempt from procedures regarding sale or transfer of state property, retroactive effect, Sec. 9-15-82 am’d.

Representative Ward:

HB228

Uniform Limited Partnership Act, relating to the organization, rights and liabilities, and rules for registration of limited partnerships, established, Chapter 9C of Title 10 (commencing with 10-9C-101) added; Chapter 9B of Title 10, repealed

Representative Black:

HB222

Business and Nonprofit Entities Code, general provisions, business corporations, nonprofit corporations, professional corporations, limited liability companies, general partnerships, limited partnerships, real estate investment trusts, employee cooperative corporations, business trusts, unincorporated nonprofit associations, special purpose entities, powers, duties, rights of corporations, Title 10A added; numerous sections in Title 10 amended and renumbered; numerous sections in Title 10 repealed

Representative Grimes:

HB532

Montgomery, Class 3 municipality organized under Act 618, 1973 Reg. Sess., city council and mayor, election procedure for regular elections and filling vacancies, Act 618, 1973 Reg. Sess. am’d. (2009-20384)

Representative DeMarco:

HB67

Commercial motor vehicles, trucks carrying metal coils, criminal penalties for failure to comply with federal regulations and for violations where metal coils fall off onto public roads, Public Safety Department to provide driver training standards and certification, Metal Coil Securement Act, Secs. 32-9A-2, 32-9A-4 am’d.; Act 2008-336, 2008 Reg. Sess. am’d.

Representative Kennedy:

HB492

State Port Authority, penalties for violations increased, distrib. of fines altered, boundary lines of Port of Mobile altered, appointment and qualifications of additional deputy harbor master, deputy harbor masters and harbor pilots clarified, Secs. 33-1-31, 33-1-32, 33-1-33, 33-3-1 to 33-3-6, inclusive, am’d.

Representative Graham:

HB216

Student Harassment Prevention Act, established, Education Department to develop and implement model policy to prevent student harassment, appropriation

Representative Canfield:

HB448

Alcoholic beverages, wine, alcoholic content increased, fortified wine further defined, Sec. 28-3-1 am’d.

Representative Black:

HB344

State Bar, application fees, increased, distrib. to Secretary of Board of Commissioners of the State Bar, Sec. 34-3-3 am’d.

Representative Ward:

HB428

Real estate schools and courses, Real Estate Commission to license and regulate, fines for violations authorized, Sec. 34-27-6 am’d.

Representative Black:

HB262

Ethics, statement of economic interests, filing, minimum threshold increased, certain employees exempt, Sec. 36-25-14 am’d.

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Below is Tuesday’s Special Order Calendar that is being proposed for the House. The two bills which jump out as being the most significant are the repeats from last year. Rep. Paul DeMarco looks poised to finally get his bill to restrict the transportation of steel coil bills passed into law. I think this was Rep. DeMarco’s third shot at it so it looks like this could be his year for this bill. Another bill which will probably generate a good debate is one by Rep. Thomas Jackson to allow for the sale of gourmet beer in Alabama. This bill is also referred to in the legislature by the name of its supporters- “Free the Hops.” It should be an interesting debate once we get to that bill.

Here is the Special Order-

Representative McDaniel:

HB144

Child labor, certificate required through Labor Department to employ minor, Child Labor Administrative Trust Fund established, penalties, sale of fireworks, Secs. 25-8-32.1, 25-8-32.2 added; Secs. 25-8-32, 25-8-35, 25-8-37, 25-8-38, 25-8-39, 25-8-40, 25-8-45, 25-8-46, 25-8-51, 25-8-59, 25-8-60, 25-8-61 am’d.; Secs. 25-8-41, 25-8-47, 25-8-48, 25-8-49, 25-8-50, 25-8-58 repealed

Representative DeMarco:

HB67

Commercial motor vehicles, trucks carrying metal coils, criminal penalties for failure to comply with federal regulations and for violations where metal coils fall off onto public roads, Public Safety Department to provide driver training standards and certification, Metal Coil Securement Act, Secs. 32-9A-2, 32-9A-4 am’d.; Act 2008-336, 2008 Reg. Sess. am’d.

Representative McDaniel:

HB183

Methamphetamines, drugs containing ephedrine or pseudoephedrine used to manufacture methamphetamines, provision prohibiting sale after Oct. 1, 2009, deleted, Sec. 20-2-190 am’d

Representative Grimes:

HB532

Montgomery, Class 3 municipality organized under Act 618, 1973 Reg. Sess., city council and mayor, election procedure for regular elections and filling vacancies, Act 618, 1973 Reg. Sess. am’d. (2009-20384)

Representative Buskey:

HB64

Education, State Superintendent of Education, county and city superintendents of education, Chancellor of Postsecondary Education, certain chief executive officers, vacancies, posting of notices required, Secs. 16-4-1.1, 16-60-111.9 added; Secs. 16-9-11, 16-12-1, 16-60-111.1 am’d.

Representative Johnson:

HB146

DNA testing of all persons arrested for felony offense, fees, appropriation from DNA Database Fund to Forensic Sciences Department, Secs. 36-18-24, 36-18-25, 36-18-32 am’d.

Representative Kennedy:

HB151

Circuit court judges, eligibility for supernumerary status, Sec. 12-17-40 am’d.

Representative Jackson:

HB373

Alcoholic beverages, beer, definition to include malt beverages with higher alcohol content, Sec. 28-3-1 am’d.

Representative Wood:

HB423

Propane gas, assessment on industry for promotion programs, const. amend.

Representative Wood:

HB424

Propane gas industry, assessment levied for consumer education and promotion, Propane Education and Research Council, established, Propane Education and Research Act, subject to adoption of const. amend.

Representative Vance:

HB410

Prosthetists and Orthotists, State Board of, membership, quorum, fees for retired or out-of-state licensees, disciplinary action, board authorized to develop requirements and establish fees for mastectomy fitters, Secs. 34-25A-3, 34-25A-5, 34-25A-6, 34-25A-7, 34-25A-8, 34-25A-9, 34-25A-12, 34-25A-13 am’d.

Representative Vance:

HB411

Prosthetics, insurance companies, health maintenance organizations, and health benefit plans, required to offer coverage, Secs. 10-4-115, 27-21A-23 am’d.; Act 2007-389, 2007 Reg. Sess.; Act 2008-502, 2008 Reg. Sess. am’d.

Representative Galliher:

HB462

Criminal sex offenders, release from incarceration, notification of local law enforcement agency of future living address, procedures for verification, Sec. 15-20-22 am’d.

Representative Hurst:

HB38

Elections, election officers, Legislature by local law authorized to appoint alternate election officers, Sec. 17-8-1 am’d.

Representative Beasley:

HB297

Death penalty, executions, persons authorized to be present at execution, Sec. 15-18-83 am’d.

Representative Martin:

HB361

Motor vehicles, approaching law enforcement vehicle, emergency vehicle, or wrecker on certain roads required to move over or slow down under certain conditions, penalties, public awareness program, Alabama Move Over Act, Sec. 32-5A-58.1 repealed

Representative Wood:

HB93

Assault in the second degree, assault of any person causing physical injury, with intent to prevent correctional officer or jailor from performing duty, Secs. 13A-6-21 am’d.

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I’ve never responded to a comment regarding one of my postings. However, the response by the writer whose nom de plume is Anon conveys an elitist attitude that too often permeates the legislative process, an attitude that the special interest’s should receive special consideration. The following are excerpts from Anon’s comments and my response.

Anon: “…using students as unpaid lobbyists was something I strongly disagree with.”

Guin: Students were reminded to remember the day they went to the legislature and ask legislators to help build a new school in Oakman. Shouldn’t we have a process based upon citizens action not just paid lobbyist action, as Anon would suggest?

Anon: “I have a problem with Oakman Elementary. They chartered 3 buses to bring students down to lobby legislators.”

Guin: Hundreds of school groups view the legislature annually and on Thursday these students viewed debate in the House of Representatives when a bill that meant something to them was up for debate. The children understood the debate and in fact stood and cheered when the budget isolation resolution was adopted. These 3rd, 4th, 5th and 6th graders were more engaged in the legislative process than any other school group I’ve witnessed in my tenure in the legislature. What a great hands on civic lesson!

Anon: “The children were a hindrance to anyone trying to get anywhere on the 7th floor.”

Guin: The 7th floor is where the State Senate is located. While I don’t know who Anon is my guess would be a lobbyist. None should ever forget that a legislative body, whether in Montgomery or Washington should always be open to the average citizen, not just a few select individuals.

Anon: “You could sit in an office and close the door and try to have a conversation, but would constantly how [sic] a commotion in the hall with parents/teachers scolding the children for acting up.”

Guin: The children I viewed were well behaved. In fact every comment I received from legislators, staff and lobbyists were how well behaved these students were. In my opinion there needs to be fewer meetings behind closed doors in the Alabama State House.

Anon: “Add in the people that Alabama Arise brought all congesting the 5th floor, you could hardly move.”

Guin: The legislature should be open to all people, not just those paid to be there which includes legislators, staff and paid lobbyists. Anon’s attitude is just wrong.

The legislature should be open to everyone. Several years ago the legislature passed “Rose’s Law.” At that time Rose was a baby who every member of the legislature met. Her father brought her to each legislator and told how her mother died a few weeks following delivery because a simple blood test had not been performed. Today, because of Rose and her father every woman in Alabama who gives birth receives this blood test. Both Rose and the children from Oakman have a right to participate in the legislative process. What the legislature needs is more citizen involvement not less.

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I was working on this post when Rep. Guin’s blog went up on this issue as well. The issue of Governor Riley rejecting the unemployment portion of the stimulus package has created quite a debate in Montgomery, as well as many newspapers across the state. It is not an easy one to understand either as I found out this past week. There are two arguments as to whether we should take or reject this portion of the stimulus package. Both sides raise some valid points as Rep. Guin did in his post and I will attempt to argue from my point of view below.

Alabama has already accepted federal assistance this year for unemployment. Our state used that money to extend unemployment benefits from 26 weeks to 59 weeks. Alabama also accepted federal money to increase the weekly unemployment benefit by $25. This means that everyone who receives unemployment compensation will receive an additional $25 per week. If you are currently receiving $1, you will receive $26. If you currently receive the maximum $255, you will be bumped up to $280. This was done solely with federal money, and without strings attached (which is the key to this entire debate). This comes to roughly $178 million in federal monies this year for unemployment benefits in our state plus an additional $7.2 million for administration that has no strings attached (again a key point).

The new stimulus money approved by congress comes in a different form altogether. In order to receive these new stimulus dollars, state law must be changed to do at least two of the following four:

1) Allow unemployment compensation for part-time workers (this was previously unheard of)

2) allow unemployment compensation for workers who leave their job voluntarily (I can quit because I am just tired of working)

3) payment of additional 26 weeks compensation for people currently participating in a state-approved training program

4) payment of $15 per dependent per week, up to a cap of $50 per week.

These provisions may NOT include a sunset provision, so when the federal money runs out, we would be in the situation of choosing between 1) raising taxes to pay for them to be continued, or 2) passing another law to take away these benefits from people which I imagine would be nearly impossible. I have never seen a government program created and then abolished and I know this one would be no different.

So while the notion of “free money” from the federal government might sound good to states dealing with this economic crisis I do not think we need another federal mandate establishing a program where money will no longer be available to fund it in the future.

It is a complex issue for sure.

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