Legislative

Final Legislative Report – April 27, 2010

The 2010 Legislative Session finally came to an end last Thursday, after four long months of work on tough budgets, bingo, roads and a variety of other issues. Business came out pretty well, with no new taxes and no increased burden of government regulation. Legisla­tors can finally get home and take care of their first priority – get re-elected.

But many clouds remain, and much doubt circles over what this Legislature and state gov­ernment will look like come January 2011, when they meet again to organize themselves for the new quadrennium.

During the final days of the session, it became public that the US Department of Justice has launched a major investigation into possible corruption surrounding the votes taken on electronic bingo during the session. As of last Friday, it was reported that “dozens” of sub­poenas have been issued, requiring legislators and lobbyists alike to appear before a federal grand jury next week in Montgomery to testify regarding possible illegal activities.

Several names of those subpoenaed have been made public, and some of those who dis­closed that they had been talked to by federal officials were not on the list. Names released by WSFA TV in Montgomery include Democrats: (1) Senator Tom Butler from Madison, (2) Senator Phil Poole from Tuscaloosa, (3) Senator Priscilla Dunn from Bessemer, (4) Senator Kim Benefield from Woodland, (5) Senator Zeb Little from Cullman, (6) Senator Hinton Mitchem from Union Grove, (7) House Speaker Seth Hammett from Andalusia, (8) Representative Craig Ford from Gadsden, (9) and, Representative Merika Coleman from Birmingham. And the Republicans are: (10) Senator Paul Sanford from Huntsville, and (11) Senator Scott Beason from Gardendale. We do not know if this is an exhaustive list, but it would seem to appear that this is just the beginning.

We’ll have a new Speaker of the House next session. Current Speaker Seth Hammett an­nounced earlier this year he would not seek reelection to his House seat, thereby creating a vacancy in the Speaker’s Office for the new quadrennium. Speculation thus far has cen­tered around Rep. Marcel Black of Tuscumbia and Rep. Ken Guin of Carbon Hill as the two leading Democrats for the position.

With their Campaign 2010 goal of swinging the pendulum of legislative power much more to the right, state Republicans are gunning for open seats and a few with incumbents. Thanks to some party switching and a number of lawmakers deciding not to run for seats in the House and Senate, the party is just a few seats from tipping power more in their favor or narrowing the gap so that Democratic power is more neutralized. The Democrats, with help from unions, trial lawyers and other longtime supporters, are obviously ready for a fight. If Republicans are successful, we expect Rep. Hubbard will be their choice for Speaker.

It looks like next year will be the toughest budget year we’ve faced in a long time. Both budgets were down this year about 20%, and there was some remaining federal stimulus money and a lot of one-time money in them. Next year, with no help from Washington and an economy not expected to be recovered, budgets could be drastically reduced, forcing major cuts in state services such as Education, Corrections and Medicaid.

Several issues will certainly be back next year after seeing defeat in this session, including the bill to remove the state’s portion of sales tax from groceries and over-the-counter medi­cines. Charter schools, ethics reform, and other big issues remain to be dealt with.

We were successful again in defeating legislation to allow employees to bring guns to the workplace, but expect to see that from the NRA again. We did succeed in passing legisla­tion to increase the allowable alcohol content in beer and wine, and despite the Governor’s attempt to amend the bill to remove convenience stores, the House and Senate overrode him and he has signed the bill into law.

Thursday was the last day, also, for several long-term legislators who are retiring in addi­tion to Speaker Hammett, including Ronald Grantland, D-Hartselle, and Frank McDaniel, D-Albertville. House members who are running for other offices include Earl Hilliard Jr., D-Birmingham; Cam Ward, R-Alabaster; Tammy Irons, D-Florence; Robert Bentley, R-Tuscaloosa; Billy Beasley, D-Clayton; Gerald Allen, R-Tuscaloosa; and Loci Baker, D-Abbeville. Senators who are retiring include Bobby Denton, D-Muscle Shoals; Hinton Mitchem, D-Union Grove; Larry Dixon, R-Montgomery; Myron Penn, D-Union Springs; and Kim Benefield, D-Woodland. Senators running for other offices include Hank Erwin, R-Montevallo (Lt. Governor), and Charles Bishop, R-Jasper (Rep. Ken Guin’s House seat).

Bills we have been involved with on your behalf this session that saw passage include:

HB164 Bridges Chambers County Enacted 2010-265

Chambers, Co., alcoholic beverages, sale of draft or keg beer or malt beverages, referendum

HB247 Johnson Controlled Substances Enrolled 04/13/2010

Controlled substances, prescription drug monitoring program, meetings of Con­trolled Substances Prescription Database Advisory Committee, members author­ized to meet electronically and by proxy, out-of-state access to prescription drug monitoring database authorized, State Board of Health authorized to use fees for database operations, Secs. 20-2-212, 20-2-214, 20-2-217 am’d.; Act 2009-489, 2009 Reg. Sess. am’d.

HB260 Bentley Taxation Enrolled 04/08/2010

Income tax, employment, employers hiring persons receiving unemployment compensation or whose benefits have expired, tax deduction authorized, duties to Revenue Department, Reemployment Act

HB298 Wood Secondary Metals Recyclers Enrolled 04/14/2010

Secondary metals recyclers, records, limits of cash transactions, person selling sto­len metal property, penalties increased based on value of transaction, damage to victim’s property included, copper, certain cash transactions for prohibited, Secs. 13A-8-30, 13A-8-31, 13A-8-37, 13A-8-39 am’d.

HB565 England Tuscaloosa County Enacted 2010-271

Tuscaloosa, alcoholic beverages, Sunday sales authorized, referendum

HB768 Boyd Talladega County Enrolled 04/14/2010

Talledega Co., alcoholic beverages, draft or keg beer, sale authorized

SB98 Bedford ABC Board Enacted 2010-607

Fortified wine, sale by all valid licensees of Alcoholic Beverage Control Board authorized, additional excise tax levied on fortified wine, distrib., Secs. 28-1-3.1, 28-3-1, 28-3-53.2, 28-3-187.1, 28-3A-8, 28-7-16 am’d.; Sec. 28-7-2 repealed

SB151 Dixon Controlled Substances Enrolled 04/14/2010

Controlled substances, prescription drug monitoring program, meetings of Con­trolled Substances Prescription Database Advisory Committee, members author­ized to meet electronically and by proxy, out-of-state access to prescription drug monitoring database authorized, State Board of Health authorized to use fees for database operations, Secs. 20-2-212, 20-2-214, 20-2-217 am’d.; Act 2009-489, 2009 Reg. Sess. am’d.

SB490 Benefield Randolph County Enacted 2010-402 04/06/2010

Randolph Co., tobacco tax, collection and distribution, District Community Service Office abolished, Act 2003-213, 2003 Reg. Sess. am’d.

Please don’t hesitate to call Pat McWhorter at 334-277-9565 or Ellie Taylor at 205-823-5498 if you have any questions.

Ellie Taylor, President

Alabama Grocers Association
300 Vestavia Parkway, Suite 3500
Birmingham, Alabama 35216
Office: (800) 844-2391
Fax: (205) 823-5146