Wednesday, March 11, 2009

Star-Studded Committee Meetings in both the Alabama Senate and House

It is not everyday that you sit down in a committee meeting at the Alabama Statehouse only to have country music legend George Jones take the seat behind you accompanied by his wife, see Darryl Worley standing in the back of the room, and then hear Tracy Lawrence sing the chorus to “Paint Me a Birmingham” live at the request of the committee chair, but that is exactly what happened during the House Tourism and Travel Committee meeting this afternoon.

What would bring such an assortment of country music stars to the statehouse for a committee meeting? Both the House and Senate committees on tourism addressed bills today relating to electronic bingo in the state of Alabama (HB676, SB470, SB471), and the Country Crossings development in Houston County which these personalities are involved with is slated to feature electronic bingo machines as a portion of the entertainment it will provide.

This has been a controversial and hot topic of discussion recently, and the issue at hand, electronic bingo, can easily become convoluted to appear as a disagreement over whether or not Country Crossings should come to fruition. That is not the case. The developers of Country Crossings stated during the committee meetings today that because of last year’s real estate debacle and current conditions in the economy they are unable to borrow and / or find enough investment dollars to cover the costs that will be incurred up-front to proceed with the project. Mr. Ronnie Gilley told the committee today that an operation such as Country Crossings usually operates in the red for the first 3 – 7 years, and they cannot afford to sustain losses for such a long period of time; however, by adding the electronic bingo element to the project, those dollars can be made up in a shorter period of time acting as an “economic catalyst”, and thereby, allowing them to continue as planned.

Virtually the same discussion took place in both the House and Senate meetings. Opponents of electronic bingo take the position that it is illegal according to a 2004 ruling by the Alabama Supreme Court in addition to an interpretation of Section 65 of the Code of Alabama, and bills HB 676 and SB 471 would seek to legalize what is currently illegal.

Proponents of these bills argue that by enacting this legislation, the state will benefit financially from the tax dollars coming from these entities, be able to control the spread of gaming by limiting electronic bingo to only nine venues throughout the state, and will establish a gaming commission to oversee licensing and regulation of the operations. It also provides for an initial infrastructure prerequisite of $100 million that any existing or future development must meet before electronic bingo would be permitted on the premises.

The opposition states that these criteria, in essence, would create a monopoly on gaming in the state of Alabama benefiting only a few individuals who are already invested here as SB471 also includes a profit-sharing clause.

An alternative bingo bill presented by Senator Erwin, SB 470, which would prohibit the use of an electronic device to engage in gambling activity and provide that no current or subsequent constitutional amendment may authorize such electronic device was sent back to sub-committee for review. SB 471 did not make it out of committee either and is scheduled to be voted on at the next committee meeting. HB 676 was passed by the committee.

If any version of these bingo bills is passed, it will go before the people of Alabama for a vote in the form of a constitutional amendment.

Tuesday, March 10, 2009

Legislative Day 11-Inside the Alabama House of Representatives

HB 67 sponsored by Representative DeMarco passed the Alabama House this afternoon. This bill which was carried over from last Thursday is relating to commercial motor vehicles and trucks carrying metal coils passed the Alabama House. It invokes criminal penalties for failure to comply with federal regulations and for violations where metal coils fall off onto public roads.

HB 68 sponsored by Representative Collier was carried over until Thursday, March 12, 2009. This bill is also referred to as Officer Keith E. Houts Act. Representative Collier introduced this bill last year and brought it for consideration once again this year.

The bill seeks to establish criminal status and invoke penalties for individuals eluding law enforcement officers. There was some confusion on the version of the bill to actually be considered for a vote on the floor; so it was carried over for clarification by the Rules Committee and will be the first bill brought on the special order calendar for Thursday.

Representative John Rogers, Jr. of Jefferson County brought discussion relating to identifying and distinguishing law enforcement officers from imitators at night and expressed concern over citizens’ safety and potentially facing criminal charges for taking time to determine a vehicle’s identity and not immediately stopping. Additional changes may be made to include a provision for instances such as this.

Alabama Senate passes bill that would raise the high school drop out age to 17 with parental consent

Senate Bill 334 passed the Alabama Senate this afternoon. This bill would raise the drop out age to 17 and require parental consent. If the bill passes, a student could no longer drop out at 16 years of age.

Senator Barron rose to the microphone and noted that he thinks this is a bad piece of legislation, because when a 16 year old gets to the age where they no longer want to attend school trying to make them stay in the school would be difficult. Barron believes the students would become disruptive in the class room. Barron said he understands what Senator Orr is trying to do, but notes that it would have a bad impact on those students who actually want to be in school.

Senator Orr responded to concerns about disruptive students by saying that the school systems have a system to expel disruptive students who are in the class room. Another alternative that some of our systems have is to send the students to an alternative school.

Senator Orr said the up side of raising the age, is if the law requires a child to stay in school until age 17 that child will be closer to graduation and closer to their goal. Alabama is one of the few states that has a 16 year drop out age. Orr noted that some states have an age 18 year drop out age. According to Orr the statistics are astounding with regard to the economic cost to every child that does not receive a diploma, stating that close to 85% of those in our Alabama prisons are high school drop outs.

Prior to final passage, Senator Beason said that he agrees with Senator Barron, which obviously frustrated Senator Orr. Beason said that he doesn’t think the law should force people to stay in school when they clearly do not want to be there. Senator Beason further noted that students will drop out mentally and will cause problems in the classroom for the thirty other students who actually want to be there.

After debate SB334 passed the Alabama Senate with a vote of 19 yeas to 4 nays.

Debate over Senate Special Order Calendar

The Alabama Senate convened at 2:00 pm CST this afternoon. Upon convening tensions began to rise quickly. Upon Senator Lowell Barron (D) introducing the Special Order Calendar from the Rule Committee, Senator Jabo Waggoner (R) approached the podium to discuss his concerns and the timeliness of receiving the Senate special order calendar.

Senator Jabo Waggoner spoke to Senator Barron and the entire body conveying that the minority (Republicans) does not receive the special order calendar until convening each day. Senator Waggoner said that the minority party does not have time to review the bills and prepare for discussion and debate.

Speaking on behalf of the minority, Senator Waggoner noted that the minority requests that the Rules Committee provides them with the Special Order Calendar at least 24 hours-one legislative day prior to the legislative day. Senator Waggoner said the minority thinks its only fair and would give the minority the same opportunity as the majority (Democrats) to discuss and debate on that legislative day.

Senator Waggoner warned that if the minority cannot make that agreement on Thursday they are going to give the minority ample time to read and discuss the bills because the minority will stall the senate until the minority has time to read and discuss the bills. Senator Waggoner asks that the minority have the same advantage as the majority does.

Lt. Governor Folsom stepped in after Senator Author Orr threatened to use his fifteen minutes while he colleagues had a chance to review the bills on the special order. Lt. Governor Folsom said he would not like to see this turn into a major problem when its not. He feels that everyone is getting a long, and would like to continue that way.

Following Lt. Governor Folsom, Senator Barron, Chairman of the Rules Committee which produces the Special Order Calendar, said he is surprised that the minority did not come forward and discuss this with him earlier. He said he has been in the Senate a long time and has never been a part of this process were the rules committee had a more open and fair process of handling the special order calendar.
Senator Barron said he gave the rules calendar to Senator Waggoner about 10:30 am this morning and that he doesn’t want to hear anymore of this harping. Barron noted that he has been fair and said the minority is getting under his skin.

Addressing Senator Waggoner’s request for the special order calendar 24 hours-one legislative day before the legislative day, Senator Barron said that no chairman has ever passed out a rules calendar any earlier than the morning of the legislative day. Barron said the Senate is not the House (The House receives their calendar no later than 24 hours before the following legislative day) and they are not going to operate like the House.

As for the threats by the minority party, Senator Barron replied saying that they can shut down the Senate until the cows come home but as for him, he is going to keep coming with good non controversial bills without any surprises. In closing Senator Barron said that if the minority really cared about the calendar that they should have attended the rules committee meeting this afternoon at 1:30 pm which is open to anyone to attend.

Committee Report-Senate-Governmental Affairs

Senate Governmental Affairs Committee Meeting

This morning the Governmental Affairs Committee of the Alabama State Senate held a meeting to discuss among other agenda items Senate Bill 298 sponsored by Senator Lowell Barron. The bill as amended by Senator Barron deals with the length of time the Ethics Commission has to launch and complete an investigation. SB 298 stipulates that the commission has 30 days from the date a complaint is filed to begin an investigation and six months to complete the investigation. If the commission is unable to finalize an investigation within the specified six month period and more time is needed, the director of the Ethics Commission may petition to the Montgomery Circuit Court Judge who can allow up to an additional six months.

Senator Barron stated that currently there is no time frame for the Ethics Commission to operate under when conducting an investigation, and this bill would expedite the process and help bring about a more timely conclusion. He further elaborated that nothing in this bill addresses the prosecution of an ethical violation but rather deals with the amount of time allowed for the determination of probable violations.

The Director of the Ethics Commission, James Sumner, Jr., was also present at the committee meeting and expressed concerns over the proposed ethics legislation. Mr. Sumner explained that currently the commission has three investigators on staff and that proper investigation of complicated matters can easily go beyond six months. He stated that the commission received 223 complaints in the last year alone. Also of concern to Mr. Sumner was the Ethics Commission being required to petition a circuit judge to request additional time to complete an investigation and felt that this bill “rips the heart and soul out of the Ethics Act.”

After nearly an hour of discussion, debate was closed on SB 298 with Senator Barron’s amendment until next week’s committee meeting.

Thursday, March 5, 2009

HB448 Passed the Alabama House

Following the "Free the Hops" passage in the House on Tuesday, the Alabama House continued and passed a bill this morning that would raise the alcohol content in table wine from 14.9 percent to 16.5. Representative Canfield (R) explained that this bill was initiated after an international wine meeting that occurred around a year ago where the topic was the rising alcohol content of wines being produced around the word. As it is happening, grapes are remaining longer on the vine than they used to which increases the sugar in the grapes and increases the alcohol content. This would affect zinfandels, cabernets, etc.

With little debate but a number of cheers from the full body HB 448 passed the Alabama House with a vote of 48 yeas 32 nays and 8 abstentions.

Tuesday, March 3, 2009

Senate Republicans block SB279

The second bill on the senate’s special order calendar was SB279 which would provide for a ten year road and bridge construction program to be funded with withdrawals from the Alabama Trust Fund.

If enacted, beginning January 1, 2010 and continuing through January 1, 2019 the board of trustees of the Alabama Trust Fund would transfer $100,000,000.00 from the Alabama Trust Fund annually to be distributed as provided by the bill. Seventy-Five percent of the annual transfer would be appropriated by the legislature to the Alabama Department of Transportation for state highways, roads, and bridges and other transportation purposes to be further allocated. At least five million of this amount would be used in each congressional district in the state.

SB279 did not pass with a vote of 19 yeas and 11 nays. SB279 would need to receive at least 21 yeas to pass the Alabama Senate. Senator Marsh (R) said he will work with Senator Barron (D) on this bill, encouraging him that there is still enough time left in the legislative session to get this bill passed.