Tuesday, March 24, 2009

Debate Begins on Grocery Tax Bill HB 116

The Alabama House began debating a bill presented by Representative Knight that would eliminate the grocery tax, HB 116.

This bill would eliminate the tax on groceries; however, to make up the foregone dollars from doing away with this tax, the deduction for federal income taxes paid on the state income tax return would be eliminated for certain citizens. According to Representative Knight, a revised version of this bill would allow married couples with an adjusted gross income of $125,000 or less as well as individuals with an adjusted gross income of $75,000 or less to still be able to deduct federal income tax dollars paid from their state income tax return. Adjusted gross income is the income remaining after all deductions and adjustments are made to gross income for the tax year.

While presenting his bill, Representative Knight stated that he does not know of another issue that is as important as removing the sales tax on groceries - he is concerned about the families in Alabama that are struggling to make ends meet and put food on the table. Further, he told members that he has tried to work across party lines with this bill to address issues that are of concern.

Opponents of the bill led by Representative Mike Hubbard ( R ) of Lee County feel that many middle-class, small business owners (particularly LLC’s and LLP’s) will be adversely affected by this bill as it would serve as an income tax increase to them. He said that Republicans are not opposed to eliminating the grocery tax, but are opposed to the methods taken in this particular bill to make up the dollars lost by eliminating the grocery tax. In removing the federal income tax deduction for some, you are essentially taxing a tax by causing filers to pay state tax on the amount of tax they are paying to the federal government. In addition, Rep. Hubbard went on to say that during a time when the economy is in decline and many individuals are losing jobs, now is not the time to increase taxes on small business owners who are working to provide jobs to citizens of Alabama.

If passed, the bill would go for a vote before the citizens of Alabama, but, currently, proponents of the bill do not have enough votes in the House for the bill to be presented for a vote. The chamber is divided down party lines with Democrats supporting and Republicans opposing - Democrats lacked three votes to bring the measure forward, with one of their members, Rep. Laird, voting against it.

Republican Rep. DeMarco of Jefferson and Shelby counties expects to have an alternative bill ready soon, and HB 116 may come back for consideration later this afternoon with some changes.

Rep. James Thomas (D) Angry Over Incident at White Hall Last Week

Shortly after the House convened this afternoon at 1:00 pm, Rep. James Thomas (D) of Wilcox, Lowndes, Dallas, and Autauga counties was recognized and given time to speak on the House floor during which he angrily expressed his resentment for the raid on White Hall Casino last week. He stated that officers, under the authority of the Governors Gambling Task Force, went into the establishment with weapons drawn on unarmed, innocent workers. During the raid machines were confiscated as well as cash.

Representative Thomas said that all of this took place over a legal discrepancy, not a criminal offense, and innocent people could have been hurt over a legal disagreement. “No court has ruled that what White Hall is doing is criminal and they have a right to exist until such time as the court says that what they are doing is wrong. These officers went in on law abiding, tax paying citizens.” He further said that he “resents to hell that the Governor allowed my people to be treated like that…I could not stand still as a representative of my people if I did not let the public know how I feel.”

Representative Thomas intends to take this matter to the US Attorney General in Washington D.C.

Thursday, March 12, 2009

Senate Commerce, Transportation, and Utilities Committee Meeting

Today the Commerce, Transportation, and Utilities Committee of the State Senate passed HB 282 sponsored by Representative Mac Gipson. This legislation encompasses issues related to driver’s licenses and driver training programs, sets age requirements for licensed drivers with a student, age requirements for licensed drivers accompanying a driver with a learner’s permit, places restrictions on persons 17 years of age with a regular drivers license, and creates a three-stage graduated licensing requirement.

According to the bill, the following are the three stages for the graduated license: stage 1 – learner’s permit. Stage 2 – a regular driver’s license with restrictions based on age and date of issuance. Stage 3 – an unrestricted driver’s license.

HB 282 now awaits action by the Senate.

An Entertaining End to the 12th Legislative Day in the House

Some comedic relief came to the House this afternoon as representatives attempted to garner enough votes to adjourn for spring break. After a couple of failed attempts to adjourn had already taken place, Representative Guin made yet another motion to adjourn and stated that he would continue to make motions after every bill.

A little over-confident that they would have enough votes to head home, a few legislators began walking toward the door when a tied vote came in. Yells and laughter filled the room and they returned to their seats. HB 559 was then passed, and Representative Guin returned to the podium to make his third attempt to adjourn. This time he was successful by 2 votes.

The House of Representatives observe spring break next week and will return to work on Tuesday, March 24th.

Filibustering in the House Continues Into the Afternoon

The twelfth legislative day in the Alabama House began as a productive day this morning while legislators voted on resolutions and passed the first item on the agenda, Officer Houts Act, which had been delayed from Tuesday for clarification.

The bill was amended to zero in on the type of officer that can actually make an arrest of an individual eluding an officer. It also protects citizens from being charged with eluding an officer while trying to find a safe place to pull over so long as they perform some type of activity (such as slowing down or turning hazard lights on) to alert the officer that they are aware of him / her.

Things slowed to a virtual stand-still after the second bill, HB 175, relating to alcoholic beverages was introduced. Opponents of the bill as well as others opposed to a bill further down the calendar began filibustering. Representative Rogers said that he was going to filibuster until Representative McClendon agreed to carry over his bill, HB 152, to another day. Shortly thereafter, Representative Laird made a motion to adjourn since the legislature will be on spring break next week. The motion failed by a vote of 18 yea’s and 49 no’s.

The filibuster continued after the lunch break and another failed attempt was made to adjourn for spring break by Representative Bridges.

At 2:00 the filibuster broke and HB 175 passed; however, activity has slowed as representatives continue to take advantage of the full time allowed for debate.

Senate Republicans Continue to Filibuster

Filibustering continues in the Alabama Senate. Senator Rusty Glover’s SB15 pertaining to eluding a police officer is up for a vote currently. For the past hour and a half the senate republicans have been filibustering on Senator Glover’s bill but not because of the piece of legislation rather because of the lack of the rules chairman, Senator Lowell Barron, to provide the senate republican’s with the special order calendar one day before the following legislative day.

According to Senator Scott Beason (R), this filibuster is about good government, transparency, honesty and openness in the senate for the people of Alabama. Senator Beason noted that not only senators, but the people of the state should know what will be debated in the senate ahead of time. Receiving the special order calendar ahead of time would give senators time to do research on legislation so they will know exactly what a piece of legislation is going to do and how it will affect the state.

Filibustering in the Senate this 12th Legislative Day

This morning the Alabama Senate convened at 10:00 am CST and opened by discussing the murders in South Alabama. Senator Smith introduced Congressman Bobby Bright who flew home from Washington to help after the events of Tuesday afternoon. Congressman Bright commended the law enforcement, the community and Governor Riley for their help in the wake of this tragic incident.

After committee reports and introductions of bills, Senator Barron presented his resolution from the Rules committee for the Special Order calendar. Upon the introduction Senator Jabo Waggoner rose to the mic to discuss the fact that Senator Barron did not present this calendar to the minority 24 hours before the following legislative day as previously request on the 11th legislative day.

Senator Beason also rose to agree with Senator Waggoner. Beason further stated that as a legislator it is unwise not to receive the calendar ahead of time because it does allow legislators the appropriate time to do their homework on the bills.

It appears that the minority party, republicans, is looking to filibuster on the Senate floor this afternoon. Currently Senator Marsh is filibustering SB383 introduced by Senator Little however, he is speaking in regards to the timeliness of receiving the special order calendar further conveying what Senators Waggoner and Beason have already addressed.

Senator Marsh noted that it’s the people of the state that deserve as much or more than the legislators to know what the senate is dealing with so they have the opportunity to come attend the meetings. According to Marsh this issue gives citizens of Alabama no opportunity to come to Montgomery and have a voice in government.

The Senate recessed until 1:00 in the midst of Senator Marsh taking his hour to speak on SB383.