The Alabama House of Representatives and Senate both convened at 10:00 am CST. Two of the first bills up for vote in the Alabama House were senate bills. The Alabama House voted to carry over ALL senate bills until the senate begins to take up house bills.
The Senate’s special order calendar consisted of only house sunset bills, seventeen sunset bills to be exact. Senator Barron stated that he planned to only introduce just that one Special Order calendar and let the Senate adjourn early. The Senate passed all seventeen bills on their Special Order calendar and adjourned at 11:50 am CST.
Representatives Mask and Gipson issued the following press release this morning pertaining to House Bill 389 relating to driving or operating a vehicle as defined (including vessels) under the influence of alcohol or drugs, criminal negligent homicide or assault in the first degree.
February 26, 2009
Reps. Mask and Gipson Sponsor DUI Boating Homicide Bill
MONTGOMERY State Representative Barry Mask ,(R)Wetumpka and State Representative Mac Gipson , ( R ) Prattville have introduced HB389, a bill which would clarify the law and penalties for persons who are drunk while operating a watercraft and kill another person . The bill would make such homicide the same as a DUI automobile homicide – a Class C felony.
The bill comes as a response to recent DUI boating Homicides on Lake Jordan, Lake Martin and other Alabama waterways since 2006.
In December, 2008, a special grand jury impaneled by 19th Circuit District Attorney Randall Houston recommended that the law be strengthened and clarified.
The bill has 30 co-sponsors and has been assigned to the House Judiciary Committee.
Bills passed by the Alabama House of Representatives on the 8th Legislative Day:
HB356: Public School and College Authority, authorized to allocate certain amount of interest income to Walker County School System for capital improvements for Oakman Elementary School
HB202: Property owners, liability limited for leasing property for hunting or fishing, Landowners Protection Act
HB164: Landlord and tenant, goods and services, landlord or property owner not required to pay delinquent bill of tenant if account is in name of tenant
HB47: Public schools, registered nurses and licensed practical nurses, employment of, Alabama Institute for Deaf and Blind, employment of school nurses provided for, funding contingent on revenue available in Education Trust Fund and appropriation by Legislature
HB432: Sheriffs, pistol permits, records, not open to public disclosure, use for law enforcement only, penalties
HB210: Alabama Boxing Act, Alabama Boxing Commission, established, medical advisory panel, licensure of promoters, standards for buildings for matches, boxing under the influence prohibited, age requirements, civil and criminal penalties, subject to Sunset Law
HB495: School Superintendents of Alabama to establish and administer professional development program for all county and city superintendents of education
HB253: Special county educational taxes, approval by majority vote authorized
HB464: Motor vehicles, school disciplinary point system established to determine age at which person is eligible to apply for learner's permit, motorcycle operator's license, or driver's license
HB213: Rules of the road, bicyclists, hand and arm signals, bicyclists authorized to give hand signals from right side
HB438: Interstate Commission on Educational Opportunity for Military Children, established to assist children of active duty military families and certain veterans in education transition issues including transfer of records, enrollment, placement, extracurricular activities, graduation, uniform treatment at state and local district levels
The Alabama House adjourned at 12:05 this afternoon.
Thursday, February 26, 2009
Tuesday, February 24, 2009
The 7th Legislative Day brings about continued progress in the Alabama House
The Alabama House of Representatives continued to function as usual, passing the following House Bills:
• HB382 (Representative Knight) relating to oil and gas, offshore, severance tax altered, determination of basis altered
• HB148 (Representative Fite) relating to computers and other property used to solicit a child or transmit obscene material to a child subject to forfeiture, procedure.
• HB221 (Representative McMillan) Sex crimes involving children, solicitation by computer, Internet, or otherwise, crime further provided for, penalties, jurisdiction includes place of transmission.
According to Representative McMillan there is currently a loop hole in Alabama law pertaining to when an undercover officer poses as a minor to catch an adult soliciting a minor. Existing law does not address officers of the law posing as a minor. Currently criminals are pleading not guilty to soliciting a minor stating that since they were not communicating with a minor that they did not violate state law. This bill would make it a crime to solicit a minor even if that minor is an undercover officer.
This law would strengthen the penalties for soliciting and taking a minor across state laws; it would also expand the definition of an electronic device used to solicit a minor. Representative McMillan mentioned that the Gulf Shores Police Department in a two month period caught 23 men that thought they were communicating with minors.
Other states have similar bills; Representative McMillan said this bill will help Alabama stop remaining a target. HB221 passed the Alabama House with a vote of 84 yeas and 0 nays.
• HB282 (Representative Gipson) "Graduated Driver's License" relating to motor vehicles, three-stage graduated licensing, driver training program, age requirements for licensed driver with student, age requirements for licensed driver accompanying driver with learner's permit, restrictions on persons 17 years of age with regular driver's license.
Representative Gipson said this bill is protecting everyone, not just the driver but the passengers in the car and other drivers on the road. Gipson also stated that statistics show that states that have adopted these laws have seen a reduced number of deaths related to teenage driver car accidents.
Proposed Stages:
I-Learning Permit (15 years-of-age)
II-Restricted Licensing -16 year-of-age)
After the 6 month restricted license period, providing that the driver has no violation, he/she can go automatically to the stage III, regular driver’s license.
During a stage II drivers license technological devices are prohibited including cellular telephones, GPS devices, and IPODs.
III-Unrestricted or Regular License (Starting at 16 and ½ years-of-age until 18 years-of-age)
HB282 passed the Alabama House of Representatives with 80 yeas and 10 nays.
• HB347 (Representative Guin) relating to accountants, certified public accountants, practice privilege provided for out-of-state CPA's, administrative fines increased, standards of Public Company Accounting Oversight Board (PCAOB) added to auditing standards.
• HB60 (Representative Newton) relating to Alabama Security Regulatory Board, established, licensure and regulation of security officers, subject to Sunset Law
• HB89 (Representative Johnson) relating to Real estate agents and brokers, advertising size of type requirements altered, reciprocal licensing requirements
• HB173 (Representative Fields) relating to County officers, bonding for performance of official duties. Amended by Representative Knight.
• HB382 (Representative Knight) relating to oil and gas, offshore, severance tax altered, determination of basis altered
• HB148 (Representative Fite) relating to computers and other property used to solicit a child or transmit obscene material to a child subject to forfeiture, procedure.
• HB221 (Representative McMillan) Sex crimes involving children, solicitation by computer, Internet, or otherwise, crime further provided for, penalties, jurisdiction includes place of transmission.
According to Representative McMillan there is currently a loop hole in Alabama law pertaining to when an undercover officer poses as a minor to catch an adult soliciting a minor. Existing law does not address officers of the law posing as a minor. Currently criminals are pleading not guilty to soliciting a minor stating that since they were not communicating with a minor that they did not violate state law. This bill would make it a crime to solicit a minor even if that minor is an undercover officer.
This law would strengthen the penalties for soliciting and taking a minor across state laws; it would also expand the definition of an electronic device used to solicit a minor. Representative McMillan mentioned that the Gulf Shores Police Department in a two month period caught 23 men that thought they were communicating with minors.
Other states have similar bills; Representative McMillan said this bill will help Alabama stop remaining a target. HB221 passed the Alabama House with a vote of 84 yeas and 0 nays.
• HB282 (Representative Gipson) "Graduated Driver's License" relating to motor vehicles, three-stage graduated licensing, driver training program, age requirements for licensed driver with student, age requirements for licensed driver accompanying driver with learner's permit, restrictions on persons 17 years of age with regular driver's license.
Representative Gipson said this bill is protecting everyone, not just the driver but the passengers in the car and other drivers on the road. Gipson also stated that statistics show that states that have adopted these laws have seen a reduced number of deaths related to teenage driver car accidents.
Proposed Stages:
I-Learning Permit (15 years-of-age)
II-Restricted Licensing -16 year-of-age)
After the 6 month restricted license period, providing that the driver has no violation, he/she can go automatically to the stage III, regular driver’s license.
During a stage II drivers license technological devices are prohibited including cellular telephones, GPS devices, and IPODs.
III-Unrestricted or Regular License (Starting at 16 and ½ years-of-age until 18 years-of-age)
HB282 passed the Alabama House of Representatives with 80 yeas and 10 nays.
• HB347 (Representative Guin) relating to accountants, certified public accountants, practice privilege provided for out-of-state CPA's, administrative fines increased, standards of Public Company Accounting Oversight Board (PCAOB) added to auditing standards.
• HB60 (Representative Newton) relating to Alabama Security Regulatory Board, established, licensure and regulation of security officers, subject to Sunset Law
• HB89 (Representative Johnson) relating to Real estate agents and brokers, advertising size of type requirements altered, reciprocal licensing requirements
• HB173 (Representative Fields) relating to County officers, bonding for performance of official duties. Amended by Representative Knight.
Back in full force on Day 7
The Alabama Senate convened at 2:00 pm CST this afternoon; much to the dismay of a number of people the Senate passed many uncontested local bills without much conflict. The Alabama Senate took up Sunset Bills pertaining to local legislation.
Currently Senator Phil Poole is at the podium filibustering in the Senate.
______________________________________________________
The Alabama House of Representatives convened at 3:00 pm CST today. Beginning with uncontested local bills, one bill that caused a stir was House Bill 363 pertaining to Bingo in Greene County. The speaker seeing that HB363 was contested immediately moved forward.
The first bill on the Special Order Calendar was Representative Knights bill, HB382 relating to oil and gas, offshore, severance tax altered, determination of basis altered. Representative Knight said this bill would not have a negative impact on the general fund stating that he has worked with the Governor’s office on this bill.
Representative Knight clarified that this bill is revenue neutral and is based on gross proceeds. He said with this bill there would be no dispute about deductions and there would be no loss to the general fund or the state of Alabama. HB382 takes away the gray area and makes taxes a lot easier to calculate and protects the state from disputes and potential loss. With a vote of 96 yeas and 1 nay House Bill 382 passed the Alabama House of Representatives.
Currently Representative Alvin Holmes is at the podium questioning the Speaker about President Obama’s stimulus package and Governor Riley’s plan for the stimulus package.
Currently Senator Phil Poole is at the podium filibustering in the Senate.
______________________________________________________
The Alabama House of Representatives convened at 3:00 pm CST today. Beginning with uncontested local bills, one bill that caused a stir was House Bill 363 pertaining to Bingo in Greene County. The speaker seeing that HB363 was contested immediately moved forward.
The first bill on the Special Order Calendar was Representative Knights bill, HB382 relating to oil and gas, offshore, severance tax altered, determination of basis altered. Representative Knight said this bill would not have a negative impact on the general fund stating that he has worked with the Governor’s office on this bill.
Representative Knight clarified that this bill is revenue neutral and is based on gross proceeds. He said with this bill there would be no dispute about deductions and there would be no loss to the general fund or the state of Alabama. HB382 takes away the gray area and makes taxes a lot easier to calculate and protects the state from disputes and potential loss. With a vote of 96 yeas and 1 nay House Bill 382 passed the Alabama House of Representatives.
Currently Representative Alvin Holmes is at the podium questioning the Speaker about President Obama’s stimulus package and Governor Riley’s plan for the stimulus package.
Tuesday, February 17, 2009
Senator Rodger Smitherman withdraws Senate Bill 264
President Pro Tem Rodger Smitherman of Birmingham today issued a press release stating that he would pursue to withdraw Senate Bill 264. This bill would recognize the contributions of Dr. Joe L. Reed to Alabama State University; it would rename the ASU Academic and Physical Education complex the Joe L. Reed Acadome.
This bill has caused quite a stir because the Alabama State University acadome previously held the name of the Dr. Joe L. Reed but in 2008 the ASU Board of Trustees voted to remove Dr. Reed's name due to negative publicity cast upon the University by Dr. Reed along with a number of other issues.
Senator Smitherman released the following press release:
When I took the oath of leadership as the president pro tem of the Senate, I pledged to help bring this body together in a new spirit of cooperation. I am deeply committed to the goal of making our Senate more responsive to the needs of our citizens and more productive. I did not realize when I offered Senate Bill 264 that it had the potential to be as divisive as it apparently is. Regardless of the merits of this bill, I believe it is in the best interested of the Senate, and the common good we must pursue, to withdraw Senate Bill 264 from consideration.
Rodger M. Smitherman
President Pro Tem
This bill has caused quite a stir because the Alabama State University acadome previously held the name of the Dr. Joe L. Reed but in 2008 the ASU Board of Trustees voted to remove Dr. Reed's name due to negative publicity cast upon the University by Dr. Reed along with a number of other issues.
Senator Smitherman released the following press release:
When I took the oath of leadership as the president pro tem of the Senate, I pledged to help bring this body together in a new spirit of cooperation. I am deeply committed to the goal of making our Senate more responsive to the needs of our citizens and more productive. I did not realize when I offered Senate Bill 264 that it had the potential to be as divisive as it apparently is. Regardless of the merits of this bill, I believe it is in the best interested of the Senate, and the common good we must pursue, to withdraw Senate Bill 264 from consideration.
Rodger M. Smitherman
President Pro Tem
Day 5 Brings About Discussions of Gambling in the Alabama Senate
The Alabama Senate convened at 2:00 pm CST this afternoon. No more than five minutes upon beginning the fifth day of the 2009 Alabama Legislative Session Senator Bobby Singleton's (D) Senate Bill 135 pertaining to the Greene County Bingo Act, which provides bingo for education and charitable purposes, brought about much debate.
When SB135 was brought up for a budget isolation resolution (BIR) Senator Hank Erwin (R) of Calera immediately appeared at the podium to show his disgust for this bill arising so early in the Session. Senator Erwin expressed that this bill should not receive a BIR, rather the Senate's main purpose should be to focus on the General Fund (budget) and Education Trust Fund. Senator French took to the microphone asking for a vote on the BIR stating that discussions were underway and that both sides would like to continue with a friendly session and accomplish much before stalling the Senate over controversial bills such as gambling and alcohol.
SB135 did not receive its BIR with a vote of 14 yeas, 10 nays, and 1 abstention. Senator Singleton said he would bring this bill back up for a BIR on Thursday, 6th legislative day. Senator Del Marsh (R) said he is working with Senator Singleton, the Governor's office, and other Senator republicans to help Senator Singleton receive his BIR on SB135 Thursday.
When SB135 was brought up for a budget isolation resolution (BIR) Senator Hank Erwin (R) of Calera immediately appeared at the podium to show his disgust for this bill arising so early in the Session. Senator Erwin expressed that this bill should not receive a BIR, rather the Senate's main purpose should be to focus on the General Fund (budget) and Education Trust Fund. Senator French took to the microphone asking for a vote on the BIR stating that discussions were underway and that both sides would like to continue with a friendly session and accomplish much before stalling the Senate over controversial bills such as gambling and alcohol.
SB135 did not receive its BIR with a vote of 14 yeas, 10 nays, and 1 abstention. Senator Singleton said he would bring this bill back up for a BIR on Thursday, 6th legislative day. Senator Del Marsh (R) said he is working with Senator Singleton, the Governor's office, and other Senator republicans to help Senator Singleton receive his BIR on SB135 Thursday.
The Alabama House of Representatives passed a bill that would provide incentives to the Entertainment Industry
The Alabama House of Representatives convened this afternoon at 1:00 pm CST. The first bill for discussion was House Bill 69 introduced by Representative Lindsey relating to the development in Alabama of the entertainment industry. This bill targeted to attract investment for qualified productions and qualified production companies; to help encourage increased employment opportunities within the state for the entertainment industry and increased global competition with other states in fully developing economic development options in Alabama within the industry
HB69 would provide rebates for qualified production projects and exemptions for sales, use, and lodging taxes for production companies working in Alabama. Additionally it authorizes a rebate (income tax credit) equal to 25% of production expenditure (excluding payroll and benefits paid to Alabama residents) plus a 35% rebate of all payrolls, including benefits paid to Alabama residents working on the production.
With much praise to the sponsors and excitement for the bill, HB69 was voted favorably out of the House with a vote of 102 yeas and 0 nays.
HB69 would provide rebates for qualified production projects and exemptions for sales, use, and lodging taxes for production companies working in Alabama. Additionally it authorizes a rebate (income tax credit) equal to 25% of production expenditure (excluding payroll and benefits paid to Alabama residents) plus a 35% rebate of all payrolls, including benefits paid to Alabama residents working on the production.
With much praise to the sponsors and excitement for the bill, HB69 was voted favorably out of the House with a vote of 102 yeas and 0 nays.
Thursday, February 12, 2009
Registering as a Write-In Candidate?
The Alabama House spent much time morning discussing House Bill 39 introduced by Representative Charles Newton of Greenville. This bill relates to write-in votes; it would require that a write-in candidate be registered with the Secretary of State or the judge of probate as an official candidate and comply with the provisions of the Fair Campaign Practices Act and the State Ethics Law in order for his or her vote to be counted. It was clear that there was some Republican opposition with Representatives J. Williams and P. Demarco both approaching the podium to seek for clarification. After spending nearly half an hour discussing the bill, House Bill 39 passed the full body with a vote of 91-3.
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