Alabama Heart Association opposes penalties on teen smokers
On Wednesday, the Alabama Senate Judiciary Committee gave a favorable report to legislation that would penalize both the sellers of vape products to persons under age 21 as well as the youthful offenders themselves. The Alabama Heart Association urged legislators not to penalize the young tobacco users themselves. The Alabama Heart Association joined a chorus of advocates in a letter to lawmakers calling for lawmakers to remove penalties on kids and hold the tobacco industry accountable. House Bill 319 (HB319), sponsored by State Representative Barbara Drummond (D-Mobile), was advanced by the Committee and could be considered on the Senate floor as early as Thursday. Senate Bill 271, sponsored by State Senator Garlan Gudger (R-Cullman), is the Senate companion bill to HB319. The American Heart Association and partners claim that the bill is disguised as a policy to help Alabama’s youth, but in its current form would be harmful to children and give a pass to those selling tobacco products, including e-cigarettes, to minors. The expresses opposition to language in HB319/SB271, saying it further emboldens big tobacco companies. Jada Shaffer is the senior regional lead of governmental affairs for the American Heart Association. “As the mother of a son who started using chewing tobacco at 14 and purchased it at our local gas station, I know this is a problem all too well,” said Shaffer. “I am pleading with lawmakers to take bold steps in ensuring that no child is exposed again to these deadly products and that the retailers in Alabama are held accountable if they sell to minors. Big tobacco targeted kids with fruity flavors and successfully addicted a whole new generation of kids to nicotine. And now they are shifting the blame to kids and penalizing them. HB319/SB271 further victimizes Alabama’s children all over again.” The Alabama Heart Association said that nicotine is a highly addictive drug. The AHA said that their research shows that many students use e-cigarettes and other tobacco products to self-medicate for depression, anxiety, and other mental health concerns. The American Heart Association warns that many e-cigarettes deliver dangerously high levels of nicotine and should never be used by youth. The U.S. Surgeon General warns that nicotine exposure during adolescence may harm brain development and impact learning, memory, and attention. Additionally, brain changes induced by nicotine exposure can make youth more susceptible to addiction to other substances. “The industry spent billions of dollars creating appealing flavors and vapes that were easily hidden from our children,” Schaffer added. “The industry created this problem, and now they want to further punish kids.” Specifically, the Heart Association objects to provisions in HB319/SB27 that would penalize Alabama youths for nicotine addiction while not addressing the real problem of keeping these products out of kids’ hands. The Heart Association added that the bill requires no annual retail compliance check, allows for tobacco and e-cigarettes to be sold at self-service displays, and further wastes state resources on an FDA registry that is not required by the federal Tobacco 21 law. The American Heart Association claims that there is no evidence that putting kids in the court system with fines, suspending kids, or even making them do community service helps with a nicotine addiction. Instead, says Shaffer, kids need help with nicotine addiction through cessation and counseling. According to American Heart Association resources, even though the legal sales age for tobacco is 21, 75% of youth reported they were not refused a sale when trying to buy these products. In 2021 tobacco companies spent $9.1 billion nationwide and approximately $202.2 million in Alabama targeting youth with their products and marketing, including selling tobacco products in candy, fruit, and minty menthol flavors in gas stations, convenience stores, and grocery stores. In 2019, 26.7% of Alabama high school youth reported using tobacco products, including e-cigarettes. Dr. Ronald Lazar, M.D., professor of neurology and neurobiology at the University of Alabama at Birmingham and a member of the local American Heart Association board of directors “It is no secret that tobacco use causes a wide range of health issues, both long and short-term,” said Dr. Lazar. “As a physician, it concerns me when I learn the youngest of patients are smoking and consuming tobacco products, including e-cigarettes. Holding tobacco retailers more accountable for the sale and marketing of these products would mean a safer world for our kids.” At least 44% of teens in the US attend school within 1,000 feet of a tobacco retailer, and 77% of public schools are within a 10-minute walk of a tobacco retailer, which contributes to youth tobacco rates remaining high. “Make no mistake, tobacco companies have grown bolder in their efforts to keep people addicted and misinformed,” added Shaffer. “They support watered-down and less effective tobacco-control measures as a public relations ploy to divert the attention from proven measures. Meaningful change in Alabama requires a comprehensive tobacco retail licensure program, adequate funding for tobacco cessation, comprehensive smoke-free air laws, and increased tobacco taxes. We hope lawmakers will remove the penalties on kids and hold the industry accountable.” SB271 failed to reach the Senate floor by the 27th legislative day of the session, meaning that constitutionally it does not have time to pass. HB319 has been passed by the committee and is awaiting action by the Senate. SB316 is sponsored by Sen. Vivian Figures (D-Mobile). It also bans people below age 21 from using vape or electronic cigarette devices. It is a different piece of legislation than SB271/HB319 and is not opposed by the Heart Association. HB316 passed the Senate unanimously on Wednesday and is awaiting action by the House Judiciary Committee. An earlier version of this article incorrectly identified Figures as the sponsor of SB271. The Legislature will meet next Wednesday for day 27 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Governor will host a ceremonial bill signing for legislation passed during 2023 Regular Session
On Tuesday, Alabama Governor Kay Ivey will host a series of bill-signing ceremonies to celebrate the passage of several pieces of legislation that addressed concerns facing the state of Alabama. Ivey will sign several bills, including reform of the state’s adoption laws. House Bill 101 (HB 101) is sponsored by State Representative Ginny Shaver and State Senator Arthur Orr. This bill streamlines the state’s adoption process and updates the current adoption law language. (Act 2023-092). “Alabama has consistently set state records for adoptions and placed thousands of children in loving, forever homes,” said Gov. Ivey. “Currently, we have more than 5,000 children in the foster care system, and with this modernized and streamlined process now in place, we have positioned Alabama on even firmer footing and will be able to provide more of our children with the life they deserve.” House Bill 66 (HB66) by Rep. Joe Lovvorn and Sen. Andrew Jones allows certain firefighters, law enforcement officers, and correctional officers, covered under the ERS or TRS, to purchase hazardous duty time for prior service. (Act 2023-101). HB66 removes the time limitations for Tier I firefighters, law enforcement officers, and correctional officers covered under the Employees’ Retirement System or the Teachers’ Retirement System to purchase eligible service credit prior to January 1, 2003. House Bill 164 (HB164) by Rep. Andy Whitt and Sen. Jay Hovey requires high school students to complete a personal financial literacy and money management course before graduation. (Act 2023-179). “I have got story after story from thirty years of banking experience of young people who did not have a checking account,” said Whitt. “They go to convenience stores and check cashing places to get their paychecks cashed. One young fellow was working two hours a week just to be able to get his check cashed each week.” Senate Bill 131 (SB 131) by Sen. Vivian Figures and Rep. Steve Clouse. This bill transfers the regulation of preneed funeral contracts from the Department of Insurance to the Alabama Board of Funeral Services. (Act 2023-094). The Alabama Preneed Funeral and Cemetery Act of 2023 transfers the existing Preneed Funeral and Cemetery Act and the regulation of preneed contracts from the Commissioner and Department of Insurance to the Alabama Board of Funeral Service. It authorizes the Department of Insurance to temporarily transfer certain funds to the board to defray costs associated with the administration and operation of the Alabama Preneed Funeral and Cemetery Act of 2023; Senate Bill 28 (SB28) by Sen. Tim Melson and Rep. Randy Wood would expand the scope of practice of podiatry to include treatment of the foot and ankle. (Act 2023-106). Podiatrists in most states are already allowed to treat disorders of the ankle. This expansion of the scope of practice to come in line with national standards was long overdue. Senate Bill 104 (SB 104) by Sen. Chris Elliott and Rep. David Faulkner revises the current Dram Shop Act by addressing liability for providers of alcohol if a recipient injures a third party. (Act 2023-025) . Before this, only three insurance carriers would insure restaurants and bars from lawsuits due to the liability. This will make it harder for plaintiffs’ attorneys to prove a case against the establishment that sold the alcohol. House Bill 56 (HB56) by Rep. Frances Holk-Jones and Sen. Linda Coleman-Madison will expand the scope of practice for licensees of the Alabama Board of Social Work Examiners. (Act 2023-100). This will allow specially trained social workers with master’s degrees to diagnose mental illnesses. House Bill 62 (HB 62) by Rep. Ben Robbins and Sen. Keith Kelley will extend the amount of time that nonprofit veterans’ organizations have to comply with state and local building codes when acquiring a former armory building. (Act 2023-175). This bill primarily deals with an armory in Sylacauga owned by the American Legion and used by the Alabama National Guard. When the National Guard shut down its presence, it transferred back to the American Legion. The NG never updated the building during its tenure, so it lacks the sprinkler system needed to comply with state building code requirements. Tuesday will be day 24 of the 2023 Alabama Regular Legislative session. Kay Ivey has been governor since 2017. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
The 2023 Alabama Legislative Session has begun
Tuesday, the Alabama State Legislature returned to Montgomery for the start of the 2024 Alabama Regular Legislative Session. The Alabama House of Representatives and the Alabama Senate gaveled in at noon for the first legislative day and then joined the governor that night for a joint session where she presented her state of the state address. Senate Pro Tem. Greg Reed told members of the Senate, “I appreciate you being willing to serve the people of Alabama.” “The sacrifices made by the family of those who serve is not insignificant,” Reed added, thanking the families of the 35 Senators for their sacrifices. The Senate opened the journal to introduce bills, selected a committee to inform the governor that the Senate was now in session, and passed a resolution in honor of March being Women’s History Month. The resolution “celebrates the contribution that Alabama women have made to American history.” The resolution honors a number of Alabama women, including Rosa Parks, Helen Keller, and Condoleezza Rice, for their contributions to the state as well as the governor. “Current governor Kay Ivey is the longest serving woman governor in history and the second after Lurleen Wallace.” State Sen. Rodger Smitherman said, “This resolution inspired me. That resolution is a cosmic picture of the state of Alabama. It does not matter whether you are Black or White. It was a cosmic picture of all the people of Alabama.” “That’s our state,” Smitherman said. “All of us, we represent the state. Look around this room. This is what our state looks like. I am looking forward to voting for this resolution with a smile on my face.” Senate Joint Resolution 4 passed unanimously. Senate Joint Resolution 5 honoring former U.S. Senator Richard Shelby for his decades of service to the state passed. State Sen. Gerald Allen sponsored this. A second resolution supporting the oil and gas exploration by Allen was held over and referred to the Rules Committee after State Sen. Bobby Singleton asked for more time to study it. Reed announced that the Senate needed to address statutory requirements at the start of the session. The Senate held a Legislative Council election and selected Sens. Clyde Chambliss, Steve Livingston, and Vivian Figures to represent the Senate on the Council. For the Committee on Public Accounts, the Senate elected Sens. Arthur Orr, Clay Scofield, and Jabo Waggoner. On the Sunset Committee, Sens. Garlan Gudger, Keith Kelley, and Figures were elected. Sens. Orr, Scofield, Waggoner, Figures, and Singleton were elected to the Senate Ethics and Conduct Committee. Ivey called a special session beginning on Wednesday for the Legislature to focus on appropriating over one billion dollars in American Rescue Plan Act funds that the federal government sent to the state of Alabama. “This evening, I am calling a Special Session of the Alabama Legislature to begin tomorrow so that we can urgently address these endeavors,” Ivey said. “We are, once again, tasked with allocating our taxpayers’ dollars that are part of the second round of the American Rescue Plan Act from Congress.” “This is not free money,” Ivey warned legislators. “And we must invest these one-time funds wisely. Last year, thanks to you, members of the Alabama Legislature, we put these dollars to work, meeting some of Alabama’s biggest challenges. I commit to the people of Alabama we will once again take a smart approach and put it towards major and needed endeavors like expanding broadband access, improving our water and sewer infrastructure, and investing in our health care – including telemedicine.” Tuesday was the first day of the 2023 Alabama Regular Legislative Session, but since Ivey has called a special session, the second legislative day of the regular session will not begin until Tuesday, March 21. The Alabama Constitution of 1901 limits the Legislature to just thirty legislative days in a regular session. Members worked on Tuesday, introducing their bills for the regular session. At the close of the day on Monday, 98 bills had been pre-filed ahead of the session. By the end of the day on Tuesday, that had grown to 174 bills. Reed explained to reporters that it takes a minimum of five legislative days for a bill to pass both Houses of the Legislature, so it will take the rest of this legislative week and next week for the ARPA appropriations bill to pass and go to Gov. Ivey for her signature. Once that is done, the special session can end, and the Legislature will be poised to remove the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Seven State Senate seat races to watch
All 35 State Senate seats are up for grabs in the November 8 general election. Republicans hold a 27 to 8 margin over Democrats in the current makeup of the Alabama Senate. The Alabama Republican Party is running candidates in 29 seats. The GOP is defending all of the 27 seats they currently hold and are running candidates in two districts currently held by Democrats. Alabama Democrats are defending the eight seats they currently hold and are challenging the GOP in six districts currently held by Republicans. Libertarians currently hold no seats in the Alabama Senate but are running twelve candidates in State Senate races. There are a number of contested State Senate races on the November ballot. These are the seven races with the most chance of becoming interesting. Democrat Lisa Ward is challenging Republican incumbent State Sen. Gerald Allen in Senate District 21. Both of these candidates are well known in the Tuscaloosa area. Allen has represented the district for three terms and served in the Alabama House of Representatives before that. Ward is a former city councilwoman who is very active in the community. According to filings with the Alabama Secretary of State’s office, Allen has a $204,872.68 campaign account balance entering September, which includes August contributions of $8,250. Ward, the challenger, meanwhile raised $23,149.76 in August and has a cash balance of $31,968.94 entering September. Neither faced a primary opponent. Democrat Kim Lewis versus Republican incumbent State Sen. Tom Butler in Senate District 2. Butler has represented Madison County in the legislature for parts of five decades, but this is one of the fastest growing areas in the state, and there are thousands of new people that bring different politics with them to the area. Lewis is hoping that an increasingly purple Madison County will result in a win. Butler was pushed hard in the Republican primary by former State Sen. Bill Holtzclaw. Butler raised $44,500 in the month of August and enters September with $38,166.63. Lewis raised $7,830 in August and comes into September with $27,859.70. In Senate District 33, incumbent Democratic Sen. Vivian Figures faces Republican challenger Pete Riehm. This has been a very safe Democratic district consisting of the poorest parts of Mobile as well as Mobile County suburbs like Prichard, but redistricting meant that the new district now goes deep into Baldwin County and picked up the very prosperous and heavily Republican community of Spanish Fort. This district went from very blue to purple thanks to the legislature’s redistricting and efforts to “unpack” Black voters from majority-minority districts. Is it purple enough for a Republican to take it away from the Democrats? That is for the voters to decide on November 8. Sen. Figures raised $31,500 in the month of August to enter September with $110,497.02. Riehm had contributions of $19,577.54 in August and enters September with $60,911.31. Democrat Sherri Lewis versus Republican Jay Hovey in Senate District 27. Hovey, an Auburn City Councilman, just narrowly defeated incumbent Tom Whatley (R-Auburn) in a heavily contested GOP primary. Hovey, who has the challenge of unifying Republicans, raised $85,500 in contributions in August to enter September with a cash balance of $70,074.17. Reese meanwhile raised $1,806.20 in August to bring a total of $2,703.33 into the month of September. Senate District 23 – here, there are three candidates vying for the open seat formerly held by State Sen. Malika Sanders-Fortier, who vacated the seat in an unsuccessful bid for governor. Democrat Robert Lee Stewart narrowly defeated former State Sen. Hank Sanders in a hard-fought Democratic primary runoff in June. Stewart faces both a Republican in Michael Nimmer and a Libertarian in Portia Stephens. Stewart raised $16,987 in August to bring $17,872.84 into September. The Libertarian, Stephens, reported raising $2,060 in August to finish the month with $6,285 in cash on hand. The Republican, Nimmer, has not filed a campaign finance report. Alabama does not have general election runoffs, so when there are multiple candidates, the candidate with the most votes wins even if they got less than half of the votes. There is another three-way contest in Senate District 29. There, incumbent Republican Sen. Donnie Chesteen (R-Dothan) faces both Democrat Nathan “Nate” Mathis and Libertarian Floyd “Pete” McBroom. Matthis reported raising no money in August, but he has $5,719.36 in cash on hand. McBroom has not filed a campaign finance report with the Secretary of State’s office yet. The incumbent, Chesteen, raised $25,500 in August to enter September with $327,660.86. In Senate District 12, Republican Keith Kelley is battling Democrat David McCullars for the open seat currently held by Sen. Del Marsh. Kelley raised $29,658.24 in August and has $65,102.13 in cash on hand. McCullars only raised $265 in the month of August and entered the month of September with $4,377.15 in cash on hand. Kelley had a hard-fought Republican primary. This is a district that has given Marsh a close call in the 2014 general election. In other contested Alabama Senate races · SD3 incumbent Arthur Orr (R-Decatur) faces Libertarian Rick Chandler · SD4 incumbent Garlan Gudger (R-Cullman) faces Libertarian Jacob Marlow · SD6 incumbent Larry Stutts (R-Sheffield) faces Libertarian Kyle Richard-Garrison · SD7 incumbent Sam Givhan (R-Huntsville) faces Democrat Korey Wilson · SD15 incumbent Dan Roberts (R-Mountain Brook) faces Libertarian Michael Crump · SD17 incumbent Shay Shelnutt (R-Trussville) faces Libertarian John Fortenberry · SD24 incumbent Bobby Singleton (D-Greensboro) faces Libertarian Richard Benderson · SD25 incumbent Will Barfoot (R-Montgomery) versus Libertarian Louie Woolbright · SD28 incumbent Billy Beasley (D-Clayton) faces Libertarian David Boatwright · SD35 incumbent David Sessions (R-Grand Bay) faces Libertarian Clifton Hudson Republican incumbents Tim Melson, Greg Reed, Steve Livingston, Clay Scofield, Andrew Jones, Randy Price, April Weaver, Jabo Waggoner, Greg Albritton, Clyde Chambliss, Chris Elliott, and Jack Williams are all running unopposed. Republican newcomers Lance Bell in SD11 and Josh Carnley in SD31 are also unopposed in the general election. Democratic incumbents Rodger Smitherman, Linda Coleman-Madison, and Kirk Hatcher are all also unopposed in the general election. State Rep. Merika Coleman is unopposed in SD19, which is being vacated by the retirement of Priscilla Dunn (D-Bessemer). In 2022 Republican candidates in Alabama have received $44,321,108.97 in contributions. Political Action Committees have received $17,846,761.05. Democratic candidates have received $6,629,199.43, and all other candidates have received just $111,950.87. The general
