Summary of 2010 Legislative Session
What Passed?
-HB 432 Human Trafficking Legislation (Rep. Jack Williams): It is now unlawful for a person by coercion or deception, to cause another person (individual) to work or perform services having financial value or require that person to perform certain sexual activities and this law provides appropriate penalties for these actions. Alabama's passage of this ban on human trafficking has added Alabama to the 43 states that have already passed a ban on human trafficking exploitation.
-HB 613 Jefferson County Transparency Legislation (Rep. Paul DeMarco): requires the Jefferson County Commissioner to disclose anyone paid to assist in the purchase or swap of bonds and all interest rate swaps will be competitively bid. The Commission will also have to conduct a public hearing before borrowing any amount of $5 million or more
-SB 121 Highway Bill (Sen. Lowell Barron): authorizes the transfer of $100 million a year for the next 10 years from the Alabama Trust Fund to the Department of Transportation for infrastructure projects
-SB 162 “PACT Fix” Legislation (Sen. Ted Little): appropriates $547.6 million over 13 years to the PACT program. It also caps tuition at state universities excepting the University of Alabama and Auburn University
- SJR 27/HJR 18 State Sovereignty Resolution (Sen. Scott Beason/Rep. Greg Canfield): Reaffirming state sovereignty under the 10th Amendment to the US Constitution
What Didn’t Pass?
-HB 99 Rolling Reserve Budget Act (Rep. Greg Canfield): Didn’t even get a vote in committee.
-SB 233 Alabama Health Freedom Act (Sen. Scott Beason): Conservative and tea party groups rallied around this legislation eventually getting it passed out of the Senate. Unfortunately, Democrat leadership in the House prevented it from getting a vote in committee.
-SB 202 Alabama Innovative Charter Schools Act (Sen. Steve French): Was voted down in committee in the House and didn’t receive a committee vote in the Senate
-HB 55 Subpoena Power For State Ethics Committee: legislation stalled in the House
-HB 278 Improvements to Alabama Ethics Law (Rep. Paul DeMarco): legislation stalled in the House
-HB 41 Health Care Rights of Conscience Act (Rep. Robert Bentley): didn’t get out of committee in the House
-HB 48 Firearms Protection Act (Rep. Mac Gipson): didn’t get out of committee in the House
-HB 195 Cap and Trade Nullification (Rep. Mac Gipson): didn’t get out of committee in the House
-SB 380 Gambling Legislation (Sen. Roger Bedford): passed out of the Senate, but didn’t get out of committee in the House
-HB 101 Medical Savings Account Act (Rep. Greg Canfield): didn’t get out of committee in the House
-SB 256 Alabama Taxpayer and Citizen Protection Act (Sen. Scott Beason): legislation to address the problem of illegal immigration; didn’t get out of committee in the Senate
House To Take Up General Fund Budget On Tuesday
One thing stood out in particular. The budget overall is 2.12% less than last year. Both the legislative and judicial branch are taking budget cuts. However, the executive branch is getting a 5.5% increase. There could be a good explaination as to why, but I'd like to know what it is. When every other branch is taking cuts, you would think the executive branch would too.
Looking at the current state of the economy, the State may have to start really looking at areas to cut. Forecasts say revenues will continue to fall, and Alabama is bound by a balanced budget amendment. I hope the next governor, whoever it is, will look at any essential services the state provides and start cutting out the rest. Money for the historical society is nice if we have it, but not when we're struggling to meet obligations for Medicaid/Medicare and generally keep the lights on.
Sen. Beason's Presser on Alabama Health Care Freedom Act
Here are a couple of pictures of the crowd:
Democrats put Senator Beason's Health Care Freedom Act on the special order calendar today...after the bingo bill. The Senate Democrats pulled out their bag of tricks and passed the bingo bill around 6:30 PM. They then moved on to consideration of SB 233. Senator Rodger Smitherman began to filibuster. The Senate then decided to adjourn and will take up SB 233 on Thursday.
Why I'm Against Gambling
First, I should say that if I have to pin myself somewhere on the political spectrum, I consider myself a classical liberal. Thus, in keeping with that ideology, I am not opposed to gambling in Alabama...in theory.
(Note: My father has brought it to my attention that most people will not know what classical liberal means. Lest anyone think I have gone over to the dark side, here's the definition of classical liberal: is a political ideology that developed in the in England, Western Europe, and the Americas. It is committed to the ideal of limited government and liberty of individuals including freedom of religion, speech, press, assembly, and free markets19th century. Notable classical liberals include Friedrich Hayek and Milton Friedman.)
The problems come from looking at reality. Our country is a welfare state. Between food stamps, Medicaid and various other entitlement programs, the poor in America are taken care of. Who pays for those programs? You and I do...and so does every other taxpayer in America. I often hear "People should be able to do whatever they want with their own money. If they are dumb enough to gamble it away, it's not my problem." But the thing is, it IS their problem, just like it's my problem. When Joe Smith gambles all his money away and can't afford to feed and clothe his family, the taxpayers have to pick up the slack. And that's one reason I'm against gambling in Alabama.
Here's the other reason: The gambling interests in Alabama have a long history of buying votes and being involved in shady business deals in order to get what they want. They also have a history of funding candidates that will look out for their best interest. Almost all of those candidates are Democrats. Imagine the millions of dollars that will flow into Alabama if we legalize gambling. Now imagine all of those millions flowing right into the pockets of Democrat candidates. At a time when Republicans are closer than ever before to taking over the State Legislature, we cannot afford to have gambling come in with that kind of money and fund the Democrats. If we allow this to happen, Montgomery will become even more corrupt and shady than it already is.
The Democrats showed just how desperately they want gambling legislation passed today. The Senate Democrats pulled out every trick in the book, and broke as many rules as needed to pass SB 380. Lt. Gov. Jim Folsom Jr. was heavily involved in today's debate--something he rarely does. From the gavel in, it was clear that the Democrats had something afoot. We now know exactly what they had--two senators who agreed to come over to their side. Unfortunately, Sens. Denton and Pruett gave up their integrity and voted for this corrupt piece of legislation.
The gambling bill (SB 380) passed by a vote of 21-13 around 6:30 this evening. We will now have to take this battle to the House. I only hope we have some tough House members who will be ready to withstand the pressure from the gambling kingpins.
Birmingham News Editorial Board Doesn't Get It
Senator Scott Beason dropped the Alabama Health Care Freedom Act at the beginning of the legislative session. On February 2, 2010, the bill passed out of committee. Up until now, Senator Lowell Barron has prevented the legislation from getting on the special order calendar for a floor vote.
The Birmingham News Claims this is just a ploy by Sen. Beason to score political points.
Beason's bill and the others are nothing more than political grandstanding, with an eye toward the November election. Alabama can't pick and choose which federal laws it wants to follow. We saw how well that worked in the 1860s and the 1960s.But Alabama Republicans have made the political calculation that standing up to the federal government on health care is a winning issue. House Minority Leader Mike Hubbard, R-Auburn, who is also chairman of the Alabama Republican Party, at least was honest about it in a Huntsville Times story. "It's a good issue for us, regardless of whether we pass anything or not," he said. "People are going to take it out on Democrats in Montgomery and Washington."
If this was a political ploy Sen. Beason wouldn't have been dropped the bill until after Obamacare passed. If this was a political ploy, Sen. Beason would have stopped after the initial vote to put SB 233 on the special order calender--a vote Democrats did not participate in. Instead, Sen. Beason gave the Democrats a chance to do what the people of Alabama wanted them to do.
Let me say again--40 other states have passed or are considering this legislation. We are beyond politics now. People have reached their limit where the federal government is concerned. Both Democrats and Republicans have signed on to Sen. Beason's legislation to stop enforcement of the health care bill. The Birmingham News' complete dismissal of the legislation as Republicans trying to score political points shows that they just don't get it.
Alabama Health Care Freedom Act
On Thursday, the Democrats once again tried to play games with the people of Alabama. Senator Scott Beason continued his filibuster, until (mistakenly he admits) he allowed them to take a second vote to put his bill on the special order calendar. While this vote failed as did the first, some Democrat legislators were thrilled to be allowed to get a vote for this bill on record.
Democrats in the Alabama legislature must think we're really stupid. They think that because they vote FOR a bill, after doing everything they can to KILL the bill, we will only pay attention to the last vote and all will be well. I certainly hope they are in for a big surprise in November.
Update: I'm hearing (but not confirmed) that the Alabama Black Legislative Caucus has scheduled a press conference at 12:30 on Tuesay. It sounds like they're trying to pull the same stunt the gambling folks did and screw up our press conference. I hope this will serve as even more motivation for people on our side to make the trip.
Rally for Health Care Freedom Act
Senator Scott Beason will be explaining the bill to the media and explaining why it's important that Alabamians be allowed to vote on this crucial constitutional amendment which prohibits any person, employer, or health care provider from being compelled to participate in any health care system.
Additionally, we will be presenting the coalition letter in support of the four bills facing the state legislature. If you or your organization hasn't signed the letter yet, please check it out here.
It’s vital that we pressure certain Democrats into allowing these bills on the floor to be voted upon. There are four things we can do right now:
1) Continue to call and e-mail your state legislators.
2) Sign the coalition letter linked above.
3) Show up from the press conference on Tuesday at 11:30 a.m. in Montgomery.
4) Pass this information on to your conservative organizations, e-mail lists and friends.
Help Pass the Alabama Health Care Freedom Act: Sign the Coalition Letter!
SB 233, sponsored by Sen. Scott Beason, is the farthest along in the process. It has come out of committee and now awaits a floor vote. Senator Lowell Barron has been the obstruction to getting the bill on the floor. The House bills, sponsored by Reps. Bentley, Gipson, and Galliher/Ward, have not even been voted on in committee.
Members from several conservative organizations around the state have worked together to craft a coalition letter expressing our support for the Alabama Health Care Freedom Act, legislation which opposes the federal government's recent move to mandate health insurance coverage for all individuals.
The basic line is that Alabama won't allow (by constitutional amendment) for the federal government to dictate which doctors we can see, which insurance plans we like, and that the federal government can't determine the relationship we have with our doctors.
We will be conducting a news conference early next week to publicize the organizations, candidates and individuals supporting this legislation. The time of the conference will be announced as soon as we have the details confirmed.
We are requesting that we get as many organizations, candidates and individuals sign on to the coalition letter as possible before the news conference. The text of the letter, as well as an online signup form, is available on the Internet here: Alabama Health Care Freedom Coalition Letter
Thank you for your assistance in stopping ObamaCare at the Alabama state line!
Update on Sen. Scott Beason's Bill to Protect Alabama Citizens From Obamacare
I got a call around noon today from one of our Tea Party members to see if I could join them at the State House regarding Sen. Lowell Barron's holding Sen. Beason's bill, SB 233, from being added to the calendar for the current session. This is a constitutional amendment that will provide cover for citizens of Alabama as protection from Obamacare. I have to add that Sen. Beason is my new hero and please call to thank him for his efforts.
We were able to sit in on a rules committee meeting where the calendar for the day was reviewed and approved. Sen. Steve French requested that the bill be added to the calendar. Sen. Barron told him that he thought that bill still had some things that were "difficult to understand" and refused to add it to the calendar. If it’s difficult to understand, then he’s in desperate need for a remedial reading course. Barron then called for a vote to approve the calendar which was
seconded by Sen. Wendell Mitchell. He then called for a vote to approve the calendar which was seconded by Sen. Wendell Mitchell.
We then spoke to Sen. Mitchell and told him how vital it was that this bill reach the floor and asked that he get it on the calendar. He told us he really liked that bill and that he would definitely vote on it; one of my friends asked just how he would vote and he said that he would vote for the bill, yet he added nothing to the discussion when Sen. French asked that it be added to the calendar. He has the influence to push this to the calendar but it was obvious that he has no intention to do so.
The most telling point of our conversation with Sen. Mitchell was when one of my friends apologized to him for not knowing exactly how the process worked for getting a bill on the calendar. He responded with, "That's okay, you're not supposed to understand how it works." As Sen. Beason told us later, that's probably the most truthful thing he said to us.
I'm still outraged by that statement as well as how he treated us like little housewives that didn't have anything better to do. He was so dismissive of us and it was obvious that he has a deaf ear to his constituents.
Bottom line - the arrogance in D.C. is glaringly apparent throughout every level of government and every bit of that arrogance has a "D" behind their name. Sen. Barron was so proud of himself and almost broke his arm in patting himself on the back for allowing Republican bills on the calendar - he even pointed out to the two Republicans in the meeting that they got first billing on the calendar with one of their bills, which brought laughs from the Democrats in the room.
Please, please, please - if you can get to Montgomery at anytime during the last days of this session - GET HERE!!! We have to fill the halls on Tuesdays and Thursdays for the next 5 weeks. The Tuesday sessions start at 2:00 p.m. and the Thursday sessions start at 10:00 a.m. I will be there this Thursday and as many of those remaining days as possible. There are 2 bills in the House, but Sen. Beason's bill is the best of the 3. I live in the area so let me know if you need info. If you can't physically make it, melt the phones, faxes, and email to the following:
Seth Hammett 334-242-7668 (Speaker of the House)
Lowell Baron 334-242-7858 (Rules Committee Chairperson) He also HAS the power.
Tom Butler 334-242-7854 (Health Committee Deputy Chairperson)
Zeb Little 334-242-7855 (Senate Majority Leader)
I know that the AGs have filed suit but we need to hit this monstrosity from every angle possible.
As a last note, if you've never sat in the Senate gallery during a session, it's quite an education. They spent the first hour today acknowledging their tour groups in the gallery, reading proclamations to honor deceased constituents, and discussing their upcoming softball game between the House and the Senate. And we wonder why nothing is accomplished???
JeffCo Transparency Bill
On Thursday, a bill I sponsored to provide more transparency for Jefferson County financial transactions passed the Alabama House of Representatives. I am hopeful that this bill will both deter and prevent the type of criminal activity and fraud that has occurred in past bond deals in Jefferson County. Financial transactions for Jefferson County will be more transparent and county officials will be more accountable to the taxpayers if this bill is enacted into law.
And here's the text of a Birmingham Business Journal article on the bill:
JeffCo-focused fiscal transparency bill passes state House
Birmingham Business Journal - by Jimmy DeButts Staff
A bill requiring greater transparency for future Jefferson County financial deals exited a state House committee on Wednesday.
In response to the county's lingering $3.2 billion sewer bond debt crisis, Rep. Paul DeMarco, R-Homewood, introduced a bill that would require:
· a public hearing on any proposal to issue debt in an amount of $5 million or more;
· a public hearing before Jefferson County bond and swap deals are initiated. Swaps would have to be priced pursuant to a competitive bidding process;
· the disclosure of the identity of each person who receives payment for services provided in connection with county financing deals.
DeMarco's bill now heads to the Alabama House of Representatives for further debate and consideration. The bill was introduced in response to years of sewer bond fraud by Jefferson County officials. The fraudulent bonds ballooned to $3.9 billion in debt for the county.
The proposed legislation requires a majority of the Jefferson County Commission to attend the public hearings and to answer questions asked by citizens.
"I'm pleased to see the entire Jefferson County House delegation get behind this effort to bring greater transparency and accountability to our county," DeMarco said. "I know it's something that taxpayers want to see happen."
Jefferson County's debt problems stem from bond swap deals that switched fixed interest debt into variable interest debt earlier this decade. The county's financial troubles began in 2002 when the county alleges two former JP Morgan employees solicited the municipality for a $1.4 billion sewer bond deal.
Jefferson County's financial floor collapsed in February 2008 when Standard & Poor's lowered its rating on $3.2 billion of outstanding sewer bond debt three levels.
Kudos to Rep. DeMarco for attempting to clean up the mess that is Jefferson County.
Interview with Rep. Paul DeMarco
Alabama Legislature Should Pass Health Care Freedom Act
The legislation essentially stands up to the federal government and says “back off our health care.” It is part of a group of laws gaining in popularity called nullification laws. Nullification is based on the 10th amendment principle that any power not specifically given to the federal government lies with the states. Nullification laws are increasingly used to combat what many agree is an overstepping of bounds by the federal government. Not one of these laws have been challenged in court, so it will be interesting to see how the battle develops.
Alabama has several Health Care Freedom bills pending. Senator Scott Beason has introduced SB 233 in the Senate, and Reps. Mac Gipson and Robert Bentley have each introduced the same version in the House (HB 42, HB 47). Both House bills have had one reading and been referred to the House Committee on Health. Sen. Beason’s bill has had a second reading and been placed on the calendar. It awaits a favorable third reading from the Senate Health Committee.
Virginia just did it. 37 other states are trying to do it. Alabama should do it. The Alabama Legislature must pass SB233, HB42 or HB47, better known as the Health Care Freedom Act, immediately.
Update on AL Legislature: Gambling
Democrats attempted a vote to overcome the BIR (Budget Isolation Resolution) for Sen. Roger Bedford's gambling bill. The vote was 18-16 and the BIR failed. The BIR must be overcome by 21 votes. For information on the problems with Sen. Bedford's bill, click here. For the roll call vote on SB 380's attempt to overcome the BIR, click here.
People on the ground were saying (and news outlets were reporting) that Sen. Bedford was not going to bring his bill back up again during this session. Then, lo and behold, a Republican senator who voted against Sen. Bedford's bill on the BIR vote, decided to introduce his own gambling bill. Senator Paul Sanford released the following today explaing what his bill would do and why:
FROM THE DESK OF
Senator Paul Sanford
Press Release
March 3, 2010
CONTACT: (334) 242-7800
Senator Paul Sanford Desires to Move
Bingo Debate in a New, Honest Direction
(MONTGOMERY, ALABAMA)—Senator Paul Sanford (R-Huntsville) had been working with both sides of the electronic bingo issue (SB380) to try and clean up the bill before it came up for debate in the state senate. After a few attempts to reconcile the differences of both sides, Sen. Sanford’s desired concessions were not met. Within the next day or two he will be releasing a new bill drafted by the Legislative Reference Service that will shrink the size of the constitutional amendment and simplify the issue to a basic up or down vote of the people in November.
“I desire nothing more than to move the ‘bingo’ debate in a new, honest direction – one that is more simplistic, straight-forward, and transparent. It has bogged down the Legislature for years, and it is time to put this issue to rest and move on with the other pressing business in Alabama, like getting our economy back on track,” Senator Sanford said. “We all realize this subject has been a ‘grey’ area of the law, but it’s time for the voters to turn grey into either black or white with a bill that is not dripping in special interest tinkering,” he continued.
Senator Sanford said the original Senate Bill 380 and subsequent substitutions, none of which were released for official debate, were too “stuck in the mud” with unfair special treatment for a select few. His bill, which will be released on his websites (senatorsanford.com and sanfordforsenate.com), pairs down the debate to a straight up or down vote of the people. The bill will also at least do the following:
- Refer to the current machines in use as “slot machines” instead of “bingo”;
- Legalize, tax and regulate slot machine casinos in a few pages instead of the current 48-page constitutional amendment full of fine print that nobody reads or understands;
- Place casino licenses up for bid so the taxpayers, instead of casino bosses, get the best deal
- Add prohibitions of campaign contributions from the gambling interest to those who appoint the Gaming Commission and to the Legislature ; and
- Establish a minimum tax rate of 50% to make sure we’re not “giving away the store”
Senator Sanford said his tracking of correspondence from constituents is running eighty percent to twenty percent in favor of putting the issue to a vote of the people so long as the bill is not putting the power in the hands of a few monopolies.
“One thing I have learned from the arrogance of the U.S. Congress related to ‘healthcare reform’ is that elected officials better listen to the folks back home, and that’s what I’m doing but I just couldn’t support a non-competitive bill that didn’t have the best interest of the State at heart. I was elected as a ‘citizen lawmaker,’ and if the people of my district want to be able to vote on this issue, that’s what I’m going to give them the opportunity to do,” Sen. Sanford stated. “If this does make its way to the ballot box in November, I ask that voters do their due diligence on the issue and not make a decision based on any slick advertising campaign but on the true facts and information,” he finished.
Many conservatives are questioning the wisdom of introducing a bingo bill when we already had the issue beat. Sen. Sanford is rumored to be looking at a tough race for re-election. I'm sure the overwhelming support for gambling in his district had something to do with his decision. However, it is unfortunate that we seem to be snatching defeat from the jaws of victory on this one.
More on the "PACT fix" bill
On Thursday Alabama’s House of Representatives passed a bill meant to salvage Alabama’s Prepaid Affordable College Tuition (PACT) program on a vote 0f 104-0. The bill (HB228 sponsored by Craig Ford) includes a provision that Mike Hubbard referred to as a “poison pill.” The Montgomery Advertiser quoted Hubbard, but didn’t delve into the substance of his warning. The concerns come from a coupling of two provisions of the bill: a cap on tuition for PACT students and a rarely used “inseverability clause.” Those two provisions create the very real possibility of the entire legislative act becoming null and void. Read full post here.
My only question is this: Why didn't any of the Republicans vote against it? I know opposing a PACT fix would be unpopular with many parents and grandparents across the state, but you would think that some of the Republicans would have taken a stand and let them know the bill will most likely put them back in the same position in a few years. People in Alabama aren't stupid and most would understand the problems inherent in the severability clause if anyone took the time to explain it to them.
Legislative Update
Look for the gambling bill to be modified slightly in the next few weeks--namely for the tax breaks for Country Crossings to be removed from the legislation. More on the gambling bill below.
As for the House, they spent the week on a constitutional amendment that would call a constitutional convention to rewrite the Alabama Constitution. The bill failed to get the necessary votes to stay on the table for debate, and is thought to be dead for the rest of the session. Today, the House began debate on a bill that would rescue the bankrupt PACT program. Some Republicans were unhappy with the bill because it capped tuition for students whose parents participated in the PACT program. This would result is different students being charged different amounts of tuition. It sounds like a total nightmare for universities and patently unfair to students.
Gambling was the big issue on Goat Hill Tuesday. Both sides had rallies scheduled at the State House--the Anti-Gambling crowd at 12:30 and the Pro-Gambling crowd at 2:00. Naturally, the Pro-Gambling crowd showed up early, and crashed the Anti-Gambling rally. Participants became very aggressive--yelling "Scalp Riley" and "Impeach Riley" and became very nasty toward First Lady Patsy Riley. I think the Pro-Gambling people really hurt their cause with Tuesday's display.
Regardless of how you feel about gambling in Alabama, this legislation is TERRIBLE. This is NOT, I repeat NOT, free-market gambling. It was written by a handful of wealthy and powerful gambling bosses and sets them up with a monopoly and gives them immunity from any criminal or civil prosecution. For details on the legislation, click here.
Update on AL Legislature
I'm hearing that as of now, the Republicans believe they have enough votes to stop the bill from passing. However, the gambling interests would not bring the bill to the floor without being absolutely sure they had the votes to pass it. We'll have to wait and see what happens on Tuesday.
Sen. Lowell Barron informed the body that Sen. Ted Little's PACT bill would be on the special order calendar. I will be watching for a vote.
A few weeks ago I mentioned HB81, a bill that allows persons charged or convicted of certain felony or misdemeanor criminal offenses to petition the court in which the charges were filed or in which the conviction occured to have his or her record expunged. The Senate verson of that bill, SB178 sponsored by Sen. Smitherman, did not garner enough votes today to overcome the BIR.
The Senate spent the morning working on Sunset bills (mostly boards or commissions that have to be reauthorized every year). Sen. Scott Beason introduced an amendment to each of the Sunset bills that prevents illegal immigrants from serving on those boards or commissions.
I'll continue to update as this very fluid situation changes.
Alabama Legislative Update
1. Rep. Paul DeMarco's bill requiring mandatory ethics training and closing loopholes in the current ethics law.
2. Rep. Cam Ward/Alvin Holmes' bill to give the Alabama Ethics Commission subpoena power.
Senator Lowell Barron is pushing a constitutional amendment to raid the Alabama Oil and Gas Trust Fund to the tune of $1 billion over 10 years for road construction and repair. Republican Senators have been able to stall a vote thus far. The bill is SB 121.
Marcel Black's pro-gambling bill passed out of the Travel and Tourism Committee yesterday. This bill gives casino owners amnesty from paying taxes and amnesty from civil and criminal prosection for breaking state and federal laws. The bill has been amended to terminate in November so it's goal is to protect the casino owners until a constitutional amendment can be voted on. The constitutional amendment has not yet been introduced, but it is expected soon.
Legislative Update
House Judiciary Committee will be considering HB 81 (England) which allows a person charged or convicted of certain felony or misdemeanor criminal offenses to petition the court in which the charges were filed or in which the conviction occured to have his or her record expunged. Certain conditions have to be met such as fulfilling all parole or probation requirements, at least three years must have passed since the conviction, and others. You cannot petition for expungement under this law if you have been convicted of a sexual offense involving a minor, you are a convicted sex offender, and other convictions laid out in the statue.
Proponents of the bill argue that everyone makes mistakes and people deserve a second chance. I have a serious problem with it for the following reason: Imagine you are the manager at a bank and you are responsible for hiring a new teller. Susie Q, who has previously been convicted of embezzeling money from her employer, applies for the job. This law will allow Susie to have her record wiped clean and she will not be required to disclose her conviction on her job application. Then assume you hire Susie Q. Several months later you discover money missing from your accounts. All of this could have been avoided if you would have known Susie had been convicted of embezzelment to start with. No one in their right mind would hire her to work with money. Now you are liable to your customers for the money she stole and possibly vulnerable to a civil suit for hiring her in the first place given her prior conviction.
This bill actually passed the legislature last year and Gov. Riley vetoed it. Hopefully it won't get to that point this year.
Rep. Paul DeMarco's ethics bill (HB 278) will be considered in the Judiciary Committee tomorrow morning as well.
Tomorrow afternoon the Tourism Committee will consider one of the pro-gambling bills, HB 154 sponsored by Rep. Marcel Black. The bill will grant amnesty for casino/electronic bingo operators from paying taxes--taxes they already owe and haven't paid--and exempt them from paying future taxes. It also grants casino/eletronic bingo operators immunity from both civil and criminal prosecution, even if they are fixing their machines in their favor. Finally, the bill will allow non-tribal operators to do as much as the tribal operators (Indians) even if what the Indians are doing is illegal under the Alabama law.
State Senator Lowell Baron is making a big push to raid the state's Oil and Gas Trust Fund to the tune of one billion dollars over the next ten years. I'm hearing from Republicans who are worried he has the votes, but since the bill is a constitutional amendment it will still have the pass a statewide vote of the people. Baron's actions are definitely consistent with Democrats nationwide--spend, spend, spend.
On a happier note, both the House and Senate have passed the State Sovereignty resolution declaring our rights under the 10th amendment to the Constitution. I suspect Democrats were willing to let this bill pass because it has no legal teeth. However, as more and more states begin to pass these types of 10th amendment resolutions, Washington will get a clear message that the states aren't just going to roll over and die.
I'll continue to update as I hear more.
Summary of Today's Legislative Activity
- The Senate passed a resolution congratulating the University of Alabama football team for winning a national championship (Roll Tide)
- The House passed a resolution congratulating Mark Ingrahm for winning a Heisman Trophy (Roll Tide)
- The State Board of Education unanimously passed a resolution urging the state legislature to adopt a charter school law for Alabama
- The Senate passed a State Sovereignty resolution
- The legislature continued to block the proposed Teacher's Code of Ethics claiming it is too subjective
- Democrats rejected Governor Bob Riley's proposed state budget
Interview with Rep. Greg Canfield Part 2
Interview with Rep. Greg Canfield Part 1
Looking Ahead to the Coming Legislative Session
2010 Legislative Session
Rolling Reserve Budget Act (Canfield): This legislation will change the way we budget in Alabama. The legislature currently bases its budget on projections for next year’s revenue from the Legislative Fiscal Office. The erratic changes in ETF revenues from any given year to the next have resulted in projections and budgets that are prorated 30% of the time the legislature enacts a budget in Alabama. To address this problem Rep. Greg Canfield has proposed budgets be based on a 15 year rolling average. In years where the actual revenues exceed the rolling average the bill applies 80% of excess funds above what is necessary to maintain 30% of the ETF budget in the Budget Stabilization Fund to the unfunded liabilities in the TRS and PEEHIP retirement plans. The remaining 20% of those excess revenues flow into a capital fund for public education, increasing the funds available for construction and renovation of public schools.
HB 47 Alabama Health Care Freedom Act (Beason/Gipson): This bill would propose an amendment to the Constitution of Alabama of 1901 to preserve the freedom of Alabama residents to make decisions about and provide for their own healthcare.
Sovereignty Resolution (Canfield/Beason): This is a resolution that would declare Alabama's sovereignty under the 10th amendment. It requires a copy of the resolution be sent to Alabama's Congressional Delegation and the President. It's a great symbolic statement to make.
SB 202 Alabama Innovative Charter Schools Act (French): This bill would provide for the creation of charter schools authorized by registered local school boards and the State Board of Education under certain conditions.
Gambling Ban (Beason): This bill is a constitutional amendment banning all forms of gambling, even paper bingo. The people of Alabama will only have the option to vote to make bingo illegal. If the vote fails we keep the status quo.
Ethics Reform Bill (DeMarco): Rep. Paul DeMarco is introducing legislation to close some of the loopholes in our ethics laws—including mandatory ethics training for legislators and electronic filing requirements.
Ethics Commission Subpoena Power (Ward): This legislation will grant subpoena power to the Alabama State Ethics Commission. Currently, all other state boards possess this power including the Alabama Cosmetology Board and the Alabama Board of Licensed Massage Therapists.
Medicare Fraud (DeMarco): This bill will require online disclosures to be posted from the Medicaid office so that Alabamians will have access to where their money is going. It will also close loopholes regarding liability for corporations and LLC’s. Finally, it will change the wording of Alabama’s Medicaid fraud law to reflect the ruling by the court on the unconstitutionality of Florida’s strict liability wording.
Slot Machine Stiffer Penalties (Beason): Sen. Scott Beason will introduce a bill to impose stiffer penalties for operators of bingo halls with illegal slot machines. Specifically this bill will make it a felony to have 20 or more illegal slot machines at a venue.
Conscience Bill (Bentley): This legislation will provide a conscience exception for health care providers and pharmacists who believe in the sanctity of life and choose not to perform procedures or provide medication that do not comply with that belief.
HB 48 Firearms Protection Act (Gipson): This bill would exempt from federal regulation under the Commerce Clause of the United States Constitution a firearm, a firearm accessory, or ammunition manufactured and retained within the borders of Alabama.
Ethics Reform (Gov. Riley's bill): Gov. Riley has a more comprehensive bill than Rep. DeMarco. His ethics reform package includes a ban on PAC to PAC transfers and other major ethics initiatives that may be hard to pass.
Riley Asks State Board of Education to Endorse Charter Schools
Unfortunately, Paul Hubbert and the AEA are doing everything they can to make sure the state legislature doesn’t let a bill pass.
This is definitely an issue to watch in the coming legislative session.