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

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/

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Those wishing to see bills passed in the Senate should have visited the State House on Tuesday as several local bills were passed. Following an active committee day on Wednesday, legislation grinded to a halt as SB 191 came up for discussion. Sen. Myron Penn (D-Union Springs), sponsor of the local bill for Macon County, led the filibuster in order to keep control of the discussion and perhaps buy enough time to persuade enough members to invoke cloture (a special vote to end a filibuster) on those who wish to see the bill not come up for a vote. I know this sounds complicated.

I can understand how our constituents would be angry over the gridlock that goes on in Montgomery. The gambling issue has led to a huge tug-of-war that seems set in stalemate. I hope that my colleagues who are so passionate about expanding gambling will display the same intensity toward passing legislation that the citizens of our state are demanding, such as insurance and immigration reform, along with four year reapraisals.

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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:

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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.

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After over 3 weeks of dealing with sunset bills, the Senate completed work today and is ready to take up unfinished business. There is much speculation that in the next couple of weeks we will see gambling, immigration, and other high profile bills brought to the Senate floor for debate. What comes up for debate will be determined by the decisions of the Rules Committee. Without support from this body, no bill, regardless of how popular it may be with the people of Alabama, will come up for a vote.

On Tuesday the Senate set aside the sunset bills briefly in order for Senators to introduce bills. I dropped in SB500. This bill, which makes it a felony to recklessly elude the police in a high speed chase, has been introduced several times over the years. As a member of the House, I twice co-sponsored this bill with Jeff McLaughlin (D-Guntersville). You may recall, Rep. McLaughlin is the guy who has repeatedly sponsored the Pac-to-Pac bill that actually does something good.

For many years, there has been much concern over the number of deadly automobile accidents involving people running from persuing police cars. Many times the victims of these deadly crashes are innocent bystanders. Police officers will tell you that crimminals are aware of the lack of serious penalties for such eluding and that by making this action a felony would save lives in the future.

As previously mentioned, this bill has been repeatedly introduced but has never had a floor vote. Apparently some legislators have assumed that possible abuse by prosecutors takes precedent over curtailing the killing of the innocent. I know that the numerous tragedies that are reported in the Mobile area are not unique to the state. I hope that victims groups and law enforcement organizations will someday successfully lobby their lawmakers to pass this potential life-saving bill. We shall see.

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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?

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Last week the Governor’s budget eliminated funding for cancer screenings for hundreds (if not thousands) of Alabama women. I am sure that the Governor had no bad intentions with this cut - he and his administration have had a tough budget year, and cuts had to come from somewhere. This is one of several programs that had been added to the budget in past years by the Legislature, and the Governor’s budget eliminated many of these programs.

While I can’t comment on all of the programs eliminated by the Governor, I can say that this particular program should not be cut - even in a tough budget year, and regardless of who originally added it to the budget. It is a good program. It saves lives and dramatically affects the quality of life for many Alabamians. As a physician who spent his life treating cancer, I can tell you that an early diagnosis of a woman’s breast cancer is very treatable with a minor impact on her family and at a low cost to whomever is paying the bill. However, that same cancer caught later in its development is much harder to treat and in many cases will result in death.

I learned early on in my career that cancer is not only a personal issue, it is also a family issue. When you work with cancer patients’ day in and day out, you see that this disease affects everyone in the family - spouses, children, parents, and cousins. Everyone can be wiped out financially if one family member is not insured, and all have their lives changed to care for a loved one with cancer.

So my point is that politics, government, and health care will continue to intersect. And tough budgets cause tough choices - but in this case the choice is clear. We cannot sacrifice to the budget axe or to political stands a good program that affects so many lives for such little cost. It is my goal to see that the funding for Breast and Cervical Cancer Early Detection Program is restored. I have already met with many of my Senate colleagues as well as the Governor’s office, and I believe that this is one program we need to come together and find a way to fund. It is good medicine and good government.

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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.

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The action on the Senate floor was more of the same this week. The Senate is known as the deliberative body and is living up to its reputation. The annual list of sunset bills (which must be dealt with before other action can be taken up) look to be on our agenda for the next couple of weeks. However, committee action has been moving along.

On Wednesday, my DUI bill (SB123) was addressed in the Senate Judiciary Committee. Usually no vote is taken on the same day as the public hearing. Although no vote was taken, Sen. Rodger Smitherman (D-Birmingham) assured me that the bill with be dealt with in an upcoming meeting. The House version is sponsored by Rep. Spencer Collier (R-Irvington).

This bill will establish the offense of “Aggravated DUI”. Currently there is no increased punishment for someone tested with a blood alcohol concentration (BAC) of .15 or more. The legal limit is .08. This bill will not raise this minimum level or increase the fines for those caught with less than .15. Alabama is one of only 10 states which does not have an increased punishment for high level BAC. This bill will increase the punishments to a level that would act as a deterrent.

The bill will also address a loophole that exists in our current law. Today a judge can only consider prior DUI convictions from within the past 5 years in their sentencing of repeat offenders. There have been some instances where a driver had been convicted 8 times but only 2 convictions were utilized in determining a punishment. This bill would include all prior DUI offenses.

Governor Riley has been very supportive of this bill. We had a productive news conference last fall that brought awareness to the problem. Victims groups along with law enforcement officers were there to promote the necessity of passing this bill. The two television news reports in Montgomery and Mobile that I saw were very effective in outlining the current problem. I hope that the people of our state will encourage their Senators and Representatives to support this needed bill that will indeed save lives. We have all had friends and loved ones who have perished on our roads due to a drunk driver. Hopefully legislators will adhere to the wishes of the people. We shall see.

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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.

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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.

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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

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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.

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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!

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I have introduced House Bill 181. This bill would impose a $500 limitation on contributions for candidates from individuals, political action committees and political parties for election to the Alabama Supreme Court, Alabama Court of Criminal Appeals, Alabama Court of Civil Appeals, circuit courts, and district courts. Corporations are already limited to $500. It went before the House Constitution and Elections Committee this past Wednesday and made it out on a voice vote.

My reason for introducing this legislation is simple. We have to fight to make sure that we not only protect the integrity of the court but also that we fight the perception that justice has a price tag in Alabama. Protecting the integrity and the appearance of the court is the only way that we can maintain citizen’s confidence in the judicial system. However, we are losing that battle in Alabama. By far, little ole’ Alabama outspends the nation when it comes to electing judges. Since 1993, interests inside of Alabama have spent approximately $54,000,000 to elect judicial candidates in Alabama. In that same time frame, interests in Texas have spent only $30,000,000 to elect judicial candidates. Large campaign contributions create the perception that wealthy individuals, corporations, and special interests groups exercise a disproportionate level of influence over the political process. It is obvious that this perception exists. Otherwise, explain to me why would people spend so much money unless they believed that they were going to get something for it?

Large corporations through political action committees, lobbyists, political parties, and well financed individuals do a classic cost-benefit analysis. If they spend a large sum of money now, then they could potentially protect a large verdict or, on the other hand, have it significantly reduced. I am not suggesting that anyone was bribed or bought. All I am saying is that the perception exists. Perception can contribute to a better or worse reality. It is now Alabama’s time to choose.

By the way, I must apologize. I promise that in the future I will post more often. No excuses, I will do better.

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The future of many state regulatory agencies were discussed this week as the Senate dealt with sunset bills. Unless you are involved with the agencies whose future is shaped by the outcome of these votes, few people have an interest in sunset legislation. The only concern most lawmakers and lobbyists have with the sunsets bills are the length of time it takes to pass them. The sunset bills must be dealt with before any other bill can be brought forward.

There was much attention paid to the public hearing dealing with restrictions on illegal immigration. Following an enthusiatic rally on the steps of the State House, the Senate Fiscal Responsibility and Accountability Committee conducted a public hearing on SB 426 which drew around 150 people. The original meeting room was too small to accommodate the large number of concerned citizens. Committee Chairman Sen. Ted Little(D-Auburn) then moved the hearing to the largest venue in the State House for this standing room only crowd.

Sen. Scott Beason (R-Gardendale) promoted and defended his bill for over 90 minutes. As one of the many co-sponsors, I decided to attend the hearing that attracted Alabamians from across the state. Many people like myself were looking forward to a committee vote that would send the bill toward Senate passage. We were very disappointed in that the committee lacked the sufficient number in attendance (or quorum) for a vote. There is a great deal of speculation over why some members failed to show. Hopefully the required number will be present for an upcoming commititee vote. The citizens of our state realize that inaction on this developing problem within our borders will lead to increasing numbers of undocumented immigrants entering Alabama from states who took the problem more seriously and passed needed legislation. Maybe I’m too optimistic, but I feel that constituent pressure on lawmakers to pass this bill will prevail. We shall see.

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