Moment of truth: fast-tracked gas tax increase vote expected Friday
The Alabama House of Representatives is expected to vote on Gov. Kay Ivey‘s proposed 10 cent-per-gallon increase in the state gas tax on Friday. The bill, which has been fast-tracked in the House and was approved by voice-vote in the House Transportation, Utilities and Infrastructure Committee on Thursday, needs only a simple majority to pass the chamber. That’s because Ivey called the state legislature into a special session to pass the bill, which lowers the threshold for approval. In the regular session, bills connected with the state budget must pass with a three-fifths majority. With 105 members of the State House of Representatives, that means just 53 members need vote in support of it. The House is scheduled to debate the bill Friday. House Speaker Mac McCutcheon expects lawmakers will vote on the bill following a lengthy debate. The proposed gas tax plan The state currently imposes a flat excise tax of 18 cents-per-gallon on gas and 19 cents-per-gallon on diesel, without adjusting for inflation and other construction and maintenance costs. This combined fuel tax revenue generates 80 percent of Alabama’s transportation funding. The plan’s 10-cent increase will be phased in over the next three years. New revenue generated by the increase will be dispersed between state, county, and municipal governments in Alabama. According to Ivey, these funds are to be used for transportation infrastructure improvement, preservation and maintenance projects. A separate portion of the revenues will go to pay a bond to be issued to finance improvements to the ship channel providing access to the facilities of the Alabama State Docks. The state’s gasoline tax was last increased in 1992.
Alabama lawmakers to hold organizational session next month
Alabama lawmakers will hold their organizational session next month. Legislators meet in Montgomery beginning Jan. 8 to organize for the four-year-term. Lawmakers will elect a speaker of the house and other leadership positions, approve rules and receive committee assignments. The organizational session can last until Jan. 17. Gov. Kay Ivey and other statewide elected officials will be sworn into office on Jan. 14. The first day of the 2019 regular legislative session is March 5. Republished with permission from the Associated Press.
Racial profiling at traffic stops bill stalls yet again in State House
The Alabama House of Representatives failed to vote on legislation that would have required police officers to collect data about race and traffic stops. The bill sought to require law enforcement agencies statewide to record data about the race and ethnicity of stopped motorists. The Alabama Senate had unanimously approved the measure, but the bill has continued to hit roadblocks in House, despite the measure being among the the session’s top priority for African-American lawmakers. The bill was scheduled on both Tuesday’s and Wednesday’s special order agendas, but has yet to be taken up for debate. House Speaker Mac McCutcheon said it is not on the schedule for Thursday.
Patricia Todd, Alabama’s first gay legislator bids farewell to House
Alabama’s first openly gay legislator bid farewell to the House of Representatives on Tuesday evening. Rep. Patricia Todd, a Democrat from Birmingham, will not seek re-election after serving 12 years. Todd said on the House floor that her colleagues are “incredible, beautiful people” who all treated her with equality, even though some she thought she “would never get along with or like.” Todd sponsored controversial failed legislation including decriminalizing possession of small amounts of marijuana and adding sexual orientation as a protected category under hate crime law. She said she hoped she “opened up some hearts and minds” and wouldn’t be the last gay legislator. A gay former Marine is one candidate running for her seat. Todd received a standing ovation after her speech in the House. Republished with permission from the Associated Press.
Bill to appoint county school superintendents to be considered by State House
Alabamians may soon lose their say in county school superintendents, as a bill in the state legislature takes the power away from voters and puts it into the hands of local boards of education. Sponsored by Montgomery-Republican state Sen. Dick Brewbaker, SB280 would require all county superintendents to be appointed by the county board of education rather than elected by local residents. Currently, 37 — Autauga, Bibb, Blount, Chambers, Cherokee, Chilton, Choctaw, Clarke, Clay, Cleburne, Colbert, Conecuh, Coosa, DeKalb, Dale, Elmore, Fayette, Geneva, Henry, Houston, Jackson, Lamar, Lauderdale, Lawrence, Madison, Marion, Marshall, Morgan, Pickens, Randolph, Shelby, St. Clair, Tallapoosa, Walker, Washington, and Winston — of the state’s 137 superintendents are elected. Eagle Forum of Alabama has come out in opposition to the bill. “This legislation will have two horrible impacts on local education. First SB280 will force over fifty percent of the Alabama counties to stop holding free elections,” the group said online. “Counties that hold elections for County Superintendent of Education will be forced to have the local board of education handpick the County Superintendent. SB280 removes current rights from local education leaders and parents who live in the county.” Despite the opposition, Brewbaker’s legislation isn’t coming from out of left field. Aside from Alabama, only Mississippi and Florida allow school superintendents to be elected. The Senate passed the legislation on March 3. The bill is on the proposed special order calendar in the State House for Tuesday.
Alabama House rejects bill to track race in traffic stops
Alabama lawmakers on Thursday refused to debate legislation that would have required police officers to collect data about race and traffic stops. The bill sought to require police agencies to record data about the race and ethnicity of stopped motorists. The Alabama Senate had unanimously approved the measure, but it hit a roadblock in the Alabama House of Representatives. Representatives in the GOP-controlled House overwhelmingly voted down a procedural measure needed to bring the bill up for debate. The House vote was largely split along racial and party lines. Only five Republicans voted for the measure. “After the vote, Democratic Rep. Merika Coleman from Pleasant Grove said lawmakers were sending a message that, “Bama is still backwards.” Coleman said the bill collects data to determine if there are problems. “When you vote against a bill that simply collects data, just data on who is being stopped, why they are being stopped and who is stopping them, there is something wrong with that,” Coleman said. African-American lawmakers had shared stories of being stopped by police during debate on the bill as it moved through the Alabama Legislature. The bill’s defeat sparked a filibuster by African-American legislators and threatened to cloud the remainder of the session. It eroded warm feelings that had filled the chamber moments earlier when lawmakers broke out in applause after voting to create a state holiday honoring civil rights icon honoring Rosa Parks. The bill drew opposition from some law enforcement representatives who said departments already have policies against racial profiling and the bill would require additional paperwork. Rep. Connie Rowe, a former police chief, said she was concerned that officers, assigned to work in mostly minority neighborhoods, could wrongly appear to be targeting minorities if the data was collected. Rep. Allen Farley, a former assistant Jefferson County sheriff, was one of the Republicans who voted for the bill. “This to me protects the good guys,” Farley, a Republican from McCalla, said. Farley said bad officers need to be identified. House Speaker Mac McCutcheon, who voted against the bill, said he wanted to meet with lawmakers to see if they could work out a compromise plan. Republished with permission from the Associated Press.
State House votes to reinstate school safety task force
The Alabama House of Representatives on Tuesday voted to reinstate a school safety task force in the wake of the recent deadly school shootings in Parkland, Fla. and Birmingham, Ala. Lawmakers voted 83-6 for HB447, which establishes the Alabama Task Force on School Safety and Security. Sponsored by Decatur-Republican State Rep. Terri Collins, the bill charges the task force to annually study the current educational and safety laws, rules, and policies in Alabama in order to assist the Legislature in making effective changes to protect and benefit the citizens of this state. The legislation did not pass without debate. Democratic lawmakers criticized the task force. They contend the House needs to take up legislation that also includes gun control and mental health. The bill now moves to the Senate for consideration.
Barry Moore receives endorsements from State House colleagues
Enterprise Republican State Rep. Barry Moore is running for Alabama’s 2nd District Congressional seat in the U.S. House of Representatives. On Thursday, several of his State House colleagues congregated outside of the State House to announce their endorsements of him: Rainsville-Republican, State Rep. and Majority Leader Nathaniel Ledbetter: I have seen firsthand his dedication to conservative principles and sincere love of country. Barry is a relentless pro-life advocate, pro-veteran leader, and pro-freedom conservative. He is exactly the kind of leader we need fighting for us in Congress. Decatur-Republican State Rep. Ed Henry: Barry and I are two of the most conservative legislators in Alabama, and he understands the desperate need we have for true conservative change in Washington. He has stood with Donald Trump from the very beginning, and he will always put America First. Montgomery-Republican State Rep. Dimitri Polizos: For too long, we have accepted the status quo. I am encouraging all of District 2 to stand together to make a difference, make a change, and Make America Great Again by electing Barry Moore to Congress. Wetumpka-Republican State Rep. Mike Holmes: For the last 10yrs,our district has been represented by a pro-Pelosi Democrat and a liberal Republican, but, now, we have an opportunity to send a strong, unapologetic conservative to Washington…We need Barry Moore representing our values in Congress. Watch the endorsements below:
Following suicide of 5th grader, State House passes anti-cyberbullying legislation
Following the suicide of an Alabama fifth grader, the State House unanimously passed a bill aimed to protect school children against cyberbullying. Montgomery-Democrat State Rep. John Knight introduced HB366, also known as the Jamari Terrell Williams Act, after the bill’s namesake committed suicide in October after he was bullied online. Existing law already prohibits bullying in schools, but Knight’s legislation expands the existing law to prevent to prevent student against student harassment, intimidation, violence, and threats of violence to students off campus as well. HB366 specifically includes cyberbullying in the definition of harassment. The legislation seeks to ensure that each local board of education adopt procedural policies to manage and possibly prevent these acts against any student by another student. It also requires all Alabama schools to develop plans or programs, including, but not limited to, peer mediation teams, in an effort to encourage students to report and address incidents of harassment, violence, or threats of violence. The bill, which had 88 co-sponsors in the 105-member House, now moves to the Senate for consideration.
State House Committee approves nitrogen execution for death row inmates
A bill to allow death row inmates to be executed by nitrogen gas passed the Alabama House Judiciary Committee on Wednesday. Under existing law, a capital defendant may choose to be executed by means of lethal injection or electrocution. SB128, sponsored by Montrose-Republican State Sen. Tripp Pittman, would allow the condemned to choose execution by nitrogen hypoxia if lethal injection is unavailable, or if they so elect. The method, which the Death Penalty Information Center says never been used to execute someone, seals the inmate in an airtight chamber pumped full of nitrogen gas, causing death by a lack of oxygen. Many experts believe those who die by nitrogen asphyxiation usually never know what hit them. Pittman says it’s a more humane way to die. He also believes the state needs an alternative method of execution as lethal injection continues to face legal challenges. According to the Death Penalty Information Center two other states — Oklahoma and Mississippi — have also approved to the use of nitrogen gas as a back-up method of execution, but have yet to use it. The Senate voted in favor of the legislation, 29 to 0, in February. It now moves to the full House of consideration.
House approves safety legislation after tragic grease trap drowning
Following the tragic death of a little girl falling into a grease trap last year, the State House on Tuesday evening passed unanimously passed a bill that endeavors to prevent future such accidents. Introduced by Auburn-Republican state Sen. Tom Whatley, SB258, the Sadie Grace Andrews Act requires food establishments to put locking or otherwise secure covers on grease traps. The bill passed the House by a vote of 99-0. Whatley introduced the bill following the death of the bill’s namesake when she fell into a grease trap outside Bruster’s Ice Cream in Auburn, Ala. in October. Surveillance camera footage showed Sadie playing with two of her siblings when she fell through the lid into the 6-foot-deep tank. She was unresponsive when she was found a few minutes later and was unable to be revived. “I think this bill will prevent another needless tragedy under these circumstances,” Whatley said when he introduced the bill. The Sadie Grace Andrews Act cleared the Senate on Feb. 13. The bill now moves back to the upper chamber for a concurring vote before it heads to Gov. Kay Ivey‘s desk for review and to be signed into law. Should the bill become law, food establishments will have no more than six months to comply with the requirements of the bill. Failing to comply will result in a $500 civil penalty to be assessed by the Alabama Department of Public Health (ADPH). Every day the violation is not corrected, it will result in an additional civil penalty. All moneys received from the penalties will be deposited in the State Treasury to the credit of the ADPH to be used for the administration and enforcement of the law.
Alabama legislative preview: Day 17 – Tuesday, March 6, 2018
The Legislative Session resumes Tuesday when the Alabama House of Representatives convenes at 1:00 p.m. and the Alabama Senate at 2:00 p.m. Here is what state legislators have on their plate Tuesday: House: Convenes Tuesday at 1:00 p.m. HB317: Economic Development, notification and confidentiality provisions revised for certain economic incentives, State Industrial Development Authority, bonds for industrial development and site preparation, auth., Alabama Jobs Enhancement Act, Secs. 41-29-501 to 41-29-507, inclusive, added; Sec. 41-29-3 am’d. Sponsored by Moulton-Republican State Rep. Ken Johnson HB170: Workforce Council, membership revised, regional workforce development councils, membership qualifications revised, Secs. 41- 29-290, 41-29-291, 41-29-300 am’d. Sponsored by Brewton-Republican State Rep. Alan Baker SB192: Agriculture and Conservation Development Commission, allocation of funds to soil and water conservation districts, minimum deleted, Sec. 9-8A-5 am’d. Sponsored by Lineville-Republican State Sen. Gerald Dial and Geneva-Republican State Rep. Donnie Chesteen HB161: Capital offenses, aggravating circumstances if victim was a law enforcement or correctional officer, or under 14 years of age, Sec. 13A-5-49 am’d. Sponsored by Greenville-Republican State Rep. Chris Sells SB159: Public schools, grant all professional educators’ associations same level of access to employees of public schools Sponsored by Trussville-Republican State Sen. Shay Shellnut and Rainbow City-Republican State Rep. Mack Butler HB401: Alabama Insurance Guaranty Association Act, provisions conformed to most recent model act, obligation of assoc. to pay covered claims before order of liquidation of insolvent insurer, statutory cap for benefits and aggregate cap provided, Secs. 27-42-3, 27-42-5, 27-42- 8, 27-42-11, 27-42-12 am’d. Sponsored by Albertville-Republican State Rep. Kerry Rich SB258: Food service establishments, require grease traps to having locking manhole covers Sponsored by Auburn-Republican State Sen. Tom Whatley and Auburn-Republican State Rep. Joe Lovorn HB316: Credit Unions, regulation of; voting and notice requirements for board meetings, provided for, conversion of credit unions chartered in other states to Alabama state chartered credit union, provided for, access provided to certain third-party examination reports, executive session of boards, provided for, certain public disclosures, provided for, Secs. 5-17-22, 5-17-40, 5-17-45, 5-17-56, 5-17-60, am’d. Sponsored by Rainbow City-Republican State Rep. Mack Butler HB211: Funeral Service, mortuary school, students with valid apprenticeships or internships in another state may attend, criminal prosecution of funeral service law violations, quorum of the board, provided further, Secs. 34-13-3, 34-13-5, 34-13-6, 34-13-22 am’d. Sponsored by Anniston-Republican State Rep. K.L. Brown HB320: Income tax, filing requirement threshold to be sum of standard deduction and personal exemptions, Sec. 40-18-27 am’d. Sponsored by Fairfield-Democrat State Rep. Rod Scott HB414: Alcoholic beverages, nonprofit special events retail license, provided for, donation of beer, wine, and liquor authorized, Sec. 28-3A-6 am’d. Sponsored by Gadsden-Democrat State Rep. Craig Ford HB140: Motor vehicles, handicapped parking, sign designated special access parking place not required to specify fine, Sec. 32-6-233.1 am’d. Sponsored by Moulton-Republican State Rep. Ken Johnson SB154: Municipalities, ordinances, summons and complaint in lieu of arrest, further provided for, exceptions, Sec. 11-45-9.1 am’d. Sponsored by Florence-Republican State Sen. Tim Melson and Tuscaloosa-Democrat state Rep. Chris England HB354: Taxation, sale of tax liens, tax liens authorized to be sold at auction to the bidder with the lowest interest rate, Secs. 40-10- 199, 40-10-200 added; Secs. 40-10-180 to 40-10-198, inclusive, am’d. Sponsored by Columbiana-Republican State Rep. Corley Ellis SB182: Taxation, to provide that certain evidence of comparable sales or leases shall be inadmissible in taxpayer appeals for the rulings of boards of equalization fixing value of commercial property, Sec. 40- 3-27 added Sponsored by Rainbow City-Republican State Sen. Phil Williams and Columbiana-Republican State Rep. Corley Ellis HB89: Attorneys, allow attorneys with special licenses to do pro bono work, Sec. 34-3-6 am’d. Sponsored by Tuscaloosa-Democrat state Rep. Chris England HB358: Environmental Management Commission, membership to include licensed geologist, Sec. 22-22A-6 am’d. Sponsored by Fayette-Republican state Rep. Kyle South Senate: Convenes Tuesday at 2:00 p.m. The Alabama Senate has not yet released a proposed special order calendar. This post will be updated once one has been released.
