Republicans advance bill for claiming vaccine exemptions
Alabama lawmakers on Tuesday advanced legislation aimed at protecting employees who choose not to get vaccinated against COVID-19 by setting out an easy process to claim a religious or medical exemption. The legislation comes as Republican leaders in many states have expressed opposition to the federal vaccine mandate, calling it an infringement on personal decisions. But opposed lawmakers said Republicans were authorizing people to “lie” to avoid getting vaccinated and thereby risk the lives of others. The Alabama Senate voted 26-5 for the bill by Republican Sen. Chris Elliott of Fairhope would mandate businesses requiring COVID-19 vaccinations to distribute a form where employees could claim a religious or medical exemption by checking a box. An employee submitting the form could not be fired over not getting the vaccination unless the business appealed and got permission from the Alabama Department of Labor. State senators also voted 26-4 for a separate bill that gives the state attorney general authority to enforce an existing state law that prohibits businesses from refusing service to unvaccinated customers. It also requires parental consent for a child to get a COVID-19 vaccine. Both bills now move to the Alabama House of Representatives. Elliott said the federal government already allows exemptions for religious and medical reasons, and they are trying to “make it as easy as possible on the employee to claim those exemptions so that they can keep their job.” “I’ve got constituents in my district that are losing their jobs right now at various different employers that have a vaccine mandate right now. I think we need to do everything we can to protect those jobs and protect those folks that are just trying to provide for their family,” Elliott said. Democratic Sen. Bobby Singleton of Greensboro said Republicans were giving people the ability to “tell a big lie” to avoid getting vaccinated. He said the Labor Department would have limited or no ability to investigate the sincerity of the employee’s claim of a religious or medical reason for declining the vaccine. “We as a Legislature are about to manufacture an excuse for people not to take the vaccine,” Singleton said, predicting that “everybody will claim some sort of illness” or religious reason. Democratic Sen. Vivian Davis Figures of Mobile said Republicans supporting the bill were putting the lives of others at risk and interfering with the ability of a business to make decisions about its workplace. “All of the thousands and thousands and thousands of people who have died of COVID since early 2020, and you have the audacity to introduce a bill like this to sanction the death of so many others,” Figures said. Alabama has seen at least 15,629 COVID-19 related deaths and has the second-highest per capita death rate from COVID-19 among states, according to researchers from Johns Hopkins University One of the state’s largest business groups opposed the bill, saying it interferes with private business decisions and puts federal contractors in a difficult situation that could cost jobs. “This legislation would prevent Alabama employers from making personnel decisions and place that authority in the hands of state government,” the Business Council of Alabama said in a statement. The group said court action was the best way to challenge the mandate. Senate President Pro Tem Greg Reed said lawmakers are trying to do what they can, within their authority, to address the federal vaccine mandate. “The Biden administration’s vaccine mandates are a reckless federal government overreach that infringe on Alabamians’ liberty and freedom of personal choice and could cause significant economic harm to Alabama and Americans across the country,” Reed said in a statement. Republican-led states have turned to a mix of lawsuits, executive orders, and legislation to try to resist President Joe Biden’s COVID-19 vaccine mandate. Nineteen states, including Alabama, have filed lawsuits against Biden’s requirement that all employees of federal contractors be vaccinated against the coronavirus by Dec. 8, arguing that the mandate violates federal procurement law and is an overreach of federal power. Republished with the permission of the Associated Press.
Flags fly at half staff Thursday for Commissioner Frank Burt
Gov. Kay Ivey ordered all flags flown at half-staff in Baldwin county to honor former commissioner Frank Burt. Burt, who passed away in his home on October 31, served 30 consecutive years on the Baldwin County Commission. He served from 1988-2018. In a memo written on November 3, Ivey stated, “Let us remember Commissioner Burt’s decades of dedicated service to the people of Baldwin County Commission from 1989-2018. Commissioner Burt was well known as a very dependable leader and was a humble servant to the citizens he represented. I offer my heartfelt condolences and prayers to his loved ones, the Baldwin County Commission, and his beloved community.” Burt was the county’s District 1 representative, and the county has been governed by a four-member commission since 2004. Burt started politics as a Democrat but served most of his tenure as a Republican, switching parties in the mid-1990s after U.S. Sen. Richard Shelby switched over as a Republican in 1994. “He came from the county when it had nothing to where it’s at today. I remember him telling us stories about the (commission) being worried about how they would pay their bills and stuff like that. But they worked hard to get it to where it’s at today,” Charles “Skip” Gruber said. He added, “Frank, one thing about him is that he had his heart into it.” Senator Chris Elliot, who was known for disagreeing with Burt while working on the commission, commented, “He loved his country and county more than anyone I know. He’s a true patriot. He’s a good guy. He’ll be missed.” Elliot wrote on Twitter, “Baldwin County cities, businesses, schools, please take a moment to honor former Commissioner Frank Burt today by flying your flag at half staff.” Baldwin County cities, businesses, schools, please take a moment to honor former Commissioner Frank Burt today by flying your flag at half staff. @AlabamaCounties #alpolitics https://t.co/UjhU59ayUb — Senator Chris Elliott (@SenatorElliott) November 5, 2020 Flags will be flown in Baldwin County today in honor of Burt, followed by a 3 p.m. funeral service at the First Baptist Church in Bay Minette. The family will receive friends from 1-3 p.m. at the church.
Chris Elliott: There’s still work to be done
Chris Elliott takes issue with Will Dismukes’ controversial Facebook post from earlier this week.
Email Insights: Americans for Tax Reform write legislators to oppose franchise bill
The national group Americans for Tax Reform has weighed in to oppose the “Protect Alabama Small Businesses Act.” This bill, House Bill 352 sponsored by Representative Connie Rowe and Senate Bill 129 by Senator Chris Elliott, passed the senate last week and headed to the House committee on State Government. The letter follows more than 80 franchise brands who have also weighed in to oppose the pending legislation, which they say would cost Alabama around $1 billion in lost economic output. That group has set up a website www.protectalabamabusiness.org to counter what they call the myths surrounding the legislation. Read the letter in full below: To: Members of the Alabama House of Representatives From: Americans for Tax Reform Re: House Bill 352 and Senate Bill 129 (as substituted) Dear Representative, On behalf of Americans for Tax Reform and our supporters across Alabama, I urge you to vote NO on HB 352 and SB 129 (as substituted). If you talk to business owners today, many will tell you that the onerous and costly regulations are just as much, if not more of a problem than burdensome taxes. Yet HB 352 and SB 129 would make that problem worse by raising the regulatory cost of doing business in Alabama. Furthermore, this bill is a non-solution in search of a problem. These companion bills seek to have Alabama state government inappropriately meddle with private contract negotiations between franchisors and franchisees. According to industry estimates, passage of HB 352 and SB 129 would diminish Alabama’s economic output by $1 billion over the next decade. Enactment of HB 352 or SB 129 could shut off a proven path for Alabama residents to become small business owners, to the detriment of consumers and the economy as a whole. Passage of these bills would send the wrong message about Alabama – that it is hostile to investment, job creation, and commerce – at a time when it is most disadvantageous to send such a message. A Particularly Important Time to Reduce State Tax & Regulatory Burdens It’s no coincidence that the U.S. has reclaimed the number one spot on the World Economic Forum’s Global Competitiveness Index following the enactment of federal tax reform that significantly cut federal income tax rates, for both individuals and businesses. It’s clear that many investors, CEOs, and site selectors are bullish on the U.S. relative to other potential destinations for their capital. Yet once business owners or investors make the decision to bring new capital to or create jobs in the U.S., either by relocating or expanding operations stateside, they then have 50 choices before them when it comes to which state to choose. That’s why it is more important than ever for state legislators in Alabama to do everything they can to make the state a more attractive place to invest, do business, live, and raise a family. Imposing costly and unnecessary regulations, as HB 352 and SB 129 would do, would work at cross-purposes with that goal and indicate that Alabama is hostile to business. For these reasons, I urge you to vote NO on HB 352 and SB 129 (as substituted). Americans for Tax Reform will be educating your constituents, who are counting on you to protect their pocketbooks, as to how you and your colleagues vote on this and other important issues. I wish you the best of luck and I thank you for your public service. If you have any questions or if ATR can be of assistance, feel free to contact me or Patrick Gleason, ATR’s vice president of state affairs, at pgleason@atr.org or 202-785-0266. Sincerely, Grover G. Norquist PresidentAmericans for Tax Reform
Rauf Bolden: Opposing taxation without representation
“It is all about the money. “Money to get the power, power to keep the money,” according to Machiavelli’s patron Lorenzo di Piero de’ Medici. Orange Beach has the power to tax people living outside the corporate limits, and the power to keep the money without allowing them to vote. State Sen. Chris Elliot – Republican, and Gerald Allen – Republican propose doing something about it. Their answer is Alabama Legislation SB19 & SB23. “S23 [SB23 is] a good idea in some respects; however AL is only state in US which grants as much authority to public officials without opportunity to vote on those officials! A complicated issue which has taken lot of legislative time with no good solution!” said Alabama State Rep. Steve McMillan (Republican-Gulf Shores) in an email. Both pieces of legislation argue that a person should have the right to vote for the people who levy taxes, require business licenses, and handle law enforcement in their jurisdiction. It all seems reasonable to me. Orange Beach Mayor Tony Kennon does not agree. Resolutions opposing the senators’ legislation passed unanimously in the Council Chambers on March 19th, according to a recording on the city’s web site, approximately at time index: 14:30. • “Resolution opposing proposed SB19, and opposing any action by the Alabama Legislature that would exempt certain vacation, short-term rentals from lodgings taxes [13%],” according to item 11 on the Agenda’s website. • “Resolution opposing proposed SB23 [], and opposing any action by the Alabama Legislature that would restrict or remove municipal police or planning jurisdictions,” according to item 10 on the Agenda’s website. I reached out to Orange Beach’s Legal Administrator, asking why quashing SB19 & SB23 is so important to the city. Their office did not respond to my request for comment. “Rumor has it the House [Alabama] is blocking the legislation [SB19 & SB23] and it will never pass. City lobbyists deeply involved. Monies from police jurisdictions too valuable to lose,” said Ernie Church in a Facebook Group, End The #Bridge2Nowhere. The legislation SB19 tackles eliminating unfair hospitality taxes. “Transient occupancy tax (lodging tax), not applicable to tent camping, marine ships, and recreational vehicles, Sec. 40-26-1 am’d,” according to a report on LegiScan. Similarly, SB23 seeks to dispose of outside-the-city mercantile taxes, “Municipalities, police jurisdiction and planning jurisdiction, limited to property within corporate limits, provisions for business licenses and sales taxes outside of corporate limits repealed, Secs. 11-51-90, 11-51-206 repealed; Secs. 11-40-10, 11-52-30 am’d,” according to a report on LegiScan. We are looking for clarity, but there is no distinct path forward. Legislators will need consensus, and a willingness to see past a small municipalities’ obsession with the power they hold over their neighbors in the police jurisdictions (PJ). The State of Alabama should demand Orange Beach seed authority to the people who live in the PJ (north of the canal), or incorporate them into their municipality, changing the electoral map forever. Police Jurisdiction of Orange Beach (populated areas outlined in orange north of the canal). Source: See Orange Beach GIS Website. Population of Orange Beach (inside city limits, south of the canal). Source: See Google Public Data. The unfairness of a small group of people having political leverage over the lives of individuals living in the unincorporated areas north of Orange Beach is unsustainable. Mayor Tony Kennon’s resolutions argue for the status quo, ostensibly keeping as much money as possible in the city’s coffers, simultaneously oppressing the voters living outside the city limits.Have the people on the North Shore finally woken up to this power grab?Supporters of the Elliott-Allen Legislation (SB19 & SB23) need the muscle of existing regulations, arguing cities have not adhered to the present rules. Thereby freeing the unincorporated from the constraints of extraterritorial taxation. The requirements are clear, according to the Alabama Department of Revenue. The stipulations for posting Ordinances and maps on the website are quoted below: 1. Copy of the 30-Day Notice that was posted for the following police jurisdiction related ordinances passed on or after 9/1/15: • Ordinances enforcing police or sanitary regulations and prescribing fines and penalties for violations thereof within the police jurisdiction.• Ordinances to fix and collect licenses for any business, trade, or profession done within the police jurisdiction.• Ordinances to levy and assess taxes within the police jurisdiction. 2. Map showing the boundaries of the municipal limits and police jurisdiction: • Due no later than the first day of January in each year.• Maps in PDF or JPG are preferred. Not many Alabama Cities are in compliance. It can be argued that municipal non-compliance automatically exonerates residents from paying taxes. Although this position will be challenged. Citizen complaints should be reported to Alabama Revenue: LocalTaxUnit@revenue.alabama.gov, or faxed to 334-353-7666. I wrote Senator Gerald Allen (R-Tuscaloosa) who sponsored SB19, asking for comment. “Senator Allen [R] will be making public comments when the bill is placed in Committee,” according to an email from Luanne Miller of the Senator’s office. The key issue is getting both these pieces of legislation passed by the Alabama Senate and House. Then signed into law by Governor Kay Ivey. Orange Beach’s lobbyist former Governor Bob Riley will be hard at work, whispering in ears, and twisting arms. If the bills pass, Orange Beach will not have jurisdiction over the North Shore. No planning jurisdiction means no Wolf Bay Bridge. I reached out to Senator Chris Elliott (Republican-Baldwin County). He sponsored SB23. The senator’s office did not respond to my request for comment. Mayor Tony Kennon will fight, saying we do not need to make any changes, supported by his resolutions opposing a refresh. He may argue the city provides services across the canal, including fire and police protection for the residents. Therefore, Orange Beach should keep its extraterritorial jurisdiction as a matter of public safety. Since incorporation in 1984 no Fire Station or Police Precinct House has been built on the North Shore. The public safety argument is nothing more than a smokescreen for keeping the present state of
Baldwin Commissioner Chris Elliott arrested for drunk driving in Fairhope
Following attendance at a charity event, a Baldwin county commissioner faced a DUI arrest late Monday night. Commissioner Chris Elliott was arrested for driving drunk after failing to stop at a flashing red light at an intersection in Fairhope, AL. Earlier that evening, the 35-year-old Republican pol from Spanish Fort was at a steak cook-off hosted by the local Rotary Club. “I inadvertently ran a flashing red traffic light near the event in downtown Fairhope,” Elliott said in a release that was sent from his office. “On the advice of counsel, I declined the breathalyzer requested which automatically resulted in the issuance of a citation for driving under the influence of alcohol,” continued Elliott. “There are consequences for my decisions and I will face these consequences. I apologize for my actions and regret any embarrassment that this may cause the County that I serve, the law enforcement officers that keep us safe and my family that I love dearly.” Elliott, who represents Baldwin County’s 2nd District, was appointed by Gov. Robert Bentley to the seat in 2014. According to AL.com, he joined fellow commissioners in warning against breaking traffic laws after a wave of headlines stirred concern over deadly traffic accidents. “When you fail to (obey the law), you run the very real risk of killing someone else,” said Elliott back in 2015.
