WWW.ALABAMARETAIL.ORG VOLUME 7, NUMBER 1

Benefit from — The Alabama Retail Association board of directors has set the Value the 2007 State Legislative Agenda for the ’s regular of your ARA membership. session. That’s the new tag line for the Alabama Retail

— Ken Shaia shares Association. You’ll notice that your ARA newsletter has lessons learned a new look and a new name, Alabama Retail Quarterly. from his retail experience at The changes are all part of an effort to help ARA’s more Shaia’s and touts the than 4,000 members better make the connection between revival of small retail businesses in our country. membership and the value of the benefits of that membership. — The president of Century Automotive continued on page 2 Group in Huntsville recently won the most prestigious award in the retail vehicle industry. It’s a first for Alabama! Legislature returns March 6th endorsed 74 of Alabama’s current 104 — Retailers rely The Alabama Legislature legislators, 22 senators and on law enforcement begins a new to provide safety, 52 representatives. RetailPAC only security and support quadrennium Tuesday, endorses in contested races and all for their businesses. March 6th, with the of the Senate races and most of the For that reason, ARA each year opening of the 2007 House races RetailPAC chose not singles out one of the more than regular session and to participate in involved 13,000 law enforcement officers in the unopposed candidates. state for its “Law Enforcement after a weeklong Officer of the Year,” or LEO Award. (The House District 22 seat remains special session. vacant due to the Nov. 12 death — ARA Chairman Ken of state Rep. Albert The Alabama Hall, D-Gurley, until an Hubbard’s Western Senate has a election on the opening Supermarkets are new leader, but day of the regular session. undergoing some much of the same See ElectionCalendar, changes. Darwin Page 9.) Metcalf has been promoted and leadership, and Hubbard remains as chairman the Alabama In the General of the board. House enters its Election, RetailPAC third quadrennium had a 95 percent under the same success rate in the leadership. Senate and an 88 Alabama percent election RetailPAC rate in the House. continued on page 8 VOLUME 7, NUMBER 1 FIRST QUARTER PUBLISHER: RICK BROWN EDITOR: NANCY KING DENNIS 2007-2008 OFFICERS A new legislative session begins to retailers by reading our weekly CHAIRMAN: Tuesday, March 6, and your Alabama Capitol Retail Report, which you KEN HUBBARD Retail Association will be there Western Supermarkets, Birmingham should receive by e-mail, fax or the for the entire 105 legislative days. VICE CHAIRMAN: regular mail beginning Friday, DARRELL BOURNE In a legislative session, ARA March 9. B Ragland Brothers Retail Co. Inc., Huntsville screens all legislation introduced As always, our legislative action M PRESIDENT: to determine if it will affect retailers RICK BROWN requires your input. If you have a n Montgomery and then monitors any bills that could question or insight that you’d like impact your bottom line. to share, please contact VICE PRESIDENT: e ALISON WINGATE In 2007, a divided A divided Senate me or Alison Wingate. Montgomery t Senate may make it may make it TREASURER: Another focus of 2007 t difficult for any is increasing your BOB AKERS difficult s Davis Direct, Montgomery legislation to wind its benefits. In addition to for any legislation s SECRETARY: way through the process. to wind its way the competive workers’ VIRGIE TODD Still, your association “ Montgomery compensation coverage and its governmental through the process n IMMEDIATE PAST CHAIRMAN: we now provide, we JERRY BEASLEY affairs staff has been working are excited about the prospect of t Beasley Honda, Ozark on issues of importance to retailers. providing you additional benefits o 2007-2008 OFFICERS We will advance the agenda items such as discounted office supplies S that your board of directors agreed and an online employment law CHAIRMAN: would be our priorities for 2007. manual. JAMES ROTENSTREICH JHF Holdings, Inc., Birmingham (See pages 10 and 11 for the ARA’s Stay tuned for more Benefits TRUSTEES: 2007 State Legislative Agenda.) from the Value of ARA membership JERRY BEASLEY You can stay abreast of these and throughout the year. Beasley Honda, Ozark other legislative issues of interest Rick Brown: [email protected] DARRELL BOURNE Ragland Brothers Retail Cos., Inc., Huntsville t DAN EDGAR r Edgar’s Foodland, Inc., Eutaw f BUD SKINNER ... Benefit from the Value continued from page 1 a Jubilee Seafood, Montgomery a JIMMY SMITH In the coming months, you’ll be employment law manual and a legal Jimmy Smith Jewelers, Decatur receiving more information detailing the hotline that puts the answers to all your WILLIAM “BILL” WAGNER benefits you receive from the value questions about workplace laws and D The Athlete’s Foot, Tuscaloosa of your ARA membership. Besides the regulations at your fingertips. G best workers’ compensation coverage FUND ADMINISTRATOR: FUND MANAGER: ARA’s Web site – www.alabamaretail.org – RICK BROWN MARK YOUNG available to retailers in Alabama, your also is getting a new look and the many Montgomery Montgomery association is the collective voice benefits of ARA membership will be ALABAMA RETAIL QUARTERLY is the official publication of the of retailing in the halls of state much easier to find at the new site. Alabama Retail Association, 7265 Halcyon Summit Drive, government in Montgomery and before Montgomery, Alabama 36117-3502. Telephone (334) 263-5757; Many of the benefits of membership, FAX (334) 262-3991. the federal government in Washington. both the old and the new, are exclusive w ALABAMA RETAIL QUARTERLY is published four times a year, quarter- But you get so much more for your ly. Views and conclusions expressed in articles herein are those of to ARA members and starting in March, D the authors, not necessarily those of the editors or officers of the investment as an ARA member, and what Alabama Retail Association. Opinions expressed in this magazine do ARA members will be asked to log in S not necessarily reflect the policies of the Alabama Retail Association. you receive pays dividends that can put Advertising: Inquiries should be directed to the Alabama Retail to the Web site to gain access to those r Association. Rates will be furnished on request. The Alabama Retail money back in your pocket. Association reserves the right to omit any advertising or editorial copy member-only benefits. Look for more deemed to be unsuitable for publication. Publication herein does not ARA will be adding even more benefits in the mail soon about how you can gain necessarily imply endorsement of any product or service offered. p in the months to come including access so you can Benefit More from the Postmaster: Send address changes to ALABAMA RETAIL QUARTERLY, c P.O. Box 240669, Montgomery, Alabama 36124-0669. discounted office supplies, an online Value of your ARA membership.

Alabama Retail Quarterly - WINTER 2007 2 Bromberg’s closes ARA board to travel Montgomery store; to Washington in June expands in region Although Alabama’s congressional Birmingham-based jewelry dealer delegation did not change as a result Bromberg & Co. Inc. has closed its of the November election, the overall Montgomery store but plans to open a makeup of Congress did. Because new store in another Southern city. of the shift in Congress, ARA is reinstituting its annual trip "As a first step in our expansion, it is to Washington. essential that we realign our footprint in Darwin Metcalf, left was recently promoted to president and chief operating officer of The board of directors in conjunction the region,” Rick Bromberg, president of Western Supermarkets. Ken Hubbard remains with the Food Marketing Institute, the the company and an ARA board member, as chairman. National Grocers Association and the said in a Minneapolis-based firm won a 2006 Food Industry statement. award for the best grocery store design Association “Sadly, this from the National Association of Store Executives will necessitated Fixture Manufacturers. participate in the the closing of The store also expanded its offerings, 2007 Washington our Montgomery store." adding organic groceries, spices and Public Policy SOURCE: Montgomery Advertiser cleaning products as well as specialty Conference on June items. It also added about 10 workers 11-13. Hotel and Western modernizes in the deli area, a cheese consultant and conference June 11 - 13, 2007 its Mountain about 10 workers in other parts of the registration are due store, bringing the supermarket's work in mid-May. Brook store force to about 100. Any board members who have not Western Supermarkets has revamped Since the renovation was complete received registration information the interior of its Mountain Brook store, in early December, Metcalf was pro- should contact Virgie Todd at removing the low-tiled ceiling, replacing moted to his current position and Ken (334) 263- 5757, Ext. 102, or fluorescent lights with softer dome lights, Hubbard remains as chairman [email protected]. ARA will adding hardwood floors at the entrance of the board. Hubbard also serves as have separate activities the night of and rebuilding the deli area. ARA’s chairman through the end of June 12th and will schedule its own President and Chief Operating Officer this year. Capitol Hill appointments. Darwin Metcalf said Design Services SOURCE: Birmingham News SEND BULLETIN BOARD CONTRIBUTIONS TO: Group designed the store décor. The and Western Supermarkets Bulletin Board, P.O. Box 240669, Montgomery, AL, 36124-0669 or e-mail [email protected] Food service companies must register by March 15 Food service management companies during the summer months. Summer Food Service Program wishing to act as vendors for the U.S. Under USDA regulations, For information about the Summer Food Department of Agriculture’s 2007 participating companies must be Service Program or to obtain an application Summer Food Service Program must reputable and able to meet the contract for registration in Alabama, contact: Mr. James W. Peoples, Administrator register on or before March 15. terms. The companies also must, at the Pre-School Nutrition Programs The Summer Food Service Program time of registration, provide the state Alabama Department of Education provides nutritious meals to Alabama agency with detailed operational 5302 Gordon Persons Building P.O. Box 302101, Montgomery, AL 36130-2101 children from areas of economic need information for the past two years. (334) 242-8249, or [email protected]

3 Alabama Retail Quarterly - WINTER 2007 ☛ WELCOME TO ARA AWARDS/HONORS Across The Pond Inc. Huntsville Jiya Inc. Hazel Green AL Digestive Disorders Ctr., P.C. Huntsville John W. Amburgey, D.D.S., P.A. Daphne Former Retailer of the Year Alabama Family Dental, LLC Mobile John's Enterprises Inc. Jacksonville chosen as National TIME AL Retired State Employees Montgomery Kannah Inc. Weaver Quality Automobile Dealer Anesthesia Group East, P.C. Birmingham Keen Communications, LLC Birmingham Atmore Area YMCA Inc. Atmore Lavanderia Inc. Hoover Tracy Jones, Alabama’s 2007 TIME Auburn BBQ, LLC Auburn Len Lowe Co. Ltd. Homewood Magazine Quality Dealer Award Audio Unlimited Inc. Mobile LLNJ Enterprises Inc. Spanish Fort winner, was selected as the national Bay Area Creamery Inc. Mobile Los Mexicanos #3 Inc. Oxford TIME Quality Dealer. She received the Beeson Enterprises Inc. Greenville M&D Sporting Goods Inc. Decatur most prestigious award in the retail Beth's Coffeehouse Inc. Fairhope Maple Hill Cemetary Inc. Huntsville vehicle industry Feb. 3 in Las Vegas. Booth Enterprises Inc. Geneva Mariah Lodging Inc. Athens Bottletree Inc. Birmingham Massey, Stotser & Nichols, P.C. Birmingham She is the first Alabama dealer to win Bret-Kase Inc. Huntsville Mata, LLC Mobile the national award. Jones was selected Cafe Bill's Inc. Jasper McMackin's Business Systems Sheffield from among 60 nominee dealers Cascade Health & Wellness Inc. Fultondale Mexico Taqueria Inc. Hoover nationwide. She was nominated by Cayenne Creative Group Inc. Birmingham Mimi Inc. Robertsdale Tom Dart, president of the Automobile Charles J. Pilleteri Birmingham Montgomery Optical Center Inc. Montgomery Dealers Association of Alabama Inc. Chipolte Inc. Hoover Moores Mill Animal Hospital Auburn Chirag Inc. Meridianville Mountain Restaurant Inc. Jacksonville Jones, president Clark Florist Inc. Prattville New No. 1 Buffett Inc. Eufaula of Century Coastal Creamery Inc. Mobile Nikara Enterprises, LLC Birmingham Automotive Group Cook Repographics Inc. Mobile Nothing Over 98 Cents Inc. Mobile in Huntsville, was Cook Travel Agency Inc. Huntsville Obstetrics & Gynecology accompanied to Las Associates of Northwest AL Florence Cool Beans Coffee House Inc. Homewood Vegas by her D.M. Bryant Inc. Anniston Ochoa Inc. Homewood husband, George Desperado's Steakhouse Inc. Tuscaloosa OK Produce Co. Florence Developers of Elba Inc. Elba P And J, LLC Montgomery Jones, who is the Dial Services, LLC Enterprise Painsouth Inc. Birmingham company’s general Diamond Jim's & Mrs. Donna's Livingston Pannie-George's Kitchen Inc. Auburn manager, and her Dooley Enterprises Inc. Livingston Peppers Cafe Arab parents, John and DRC Enterprises Inc. Robertsdale Poshaco Inc. Thorsby Tracy Jones Patsy Shields. R T R Inc. Northport E B Investments, LLC Birmingham Tracy began in the family business as Rawls of Enterprise, LLC Enterprise El Galope Inc. Hoover controller. Her father turned Century First National Bank of Talladega Talladega RJ Lodging, LLC Birmingham Automotive over to her in 1993. Flott Enterprises Inc. Gulf Shores Ruddles Pub & Grill, LLC Montgomery Foley Vet Inc. Foley Seacrest Investments Inc. Forestdale Century was named an Alabama G A M A Inc. Hoover Soho Sweets Inc. Birmingham Retailer of the Year in 2002. Century Game Day Grill Madison Southern Automated Systems Muscle Shoals includes six franchises, including the Southern Sweets Inc. Montevallo Garrett and Associates Birmingham Buick, BMW, Volvo, Jaguar, Land Stop & Go Cafe, LLC Samson Grogan Jewelers Inc. Florence Rover, and Porsche lines, and employs Guadalajara of Leeds Inc. Leeds Sullivan & Gray, LLC Tuscaloosa 130. Hamho Inc. Birmingham Sundown East Sandwich & Oyster Montgomery Harden's Eclectic Swarup Inc. Gadsden SOURCE: Automobile Dealers Association Harry C. Johnson Co. Irondale Sweet Gardenia Enterprises Inc. Dothan of Alabama, Huntsville Times Henning Innovations, LLC Robertsdale T B Investments, LLC Birmingham High Cotton Consignments Inc. Mobile T.F. Foods Inc. Birmingham Superior Automotive president Hunter E. Denson Inc. Decatur Tamara's Bar & Grill Fairhope J B Investments, LLC Hoover The Chef's Table, LLC Greenville among honored entrepreneurs Jade Consulting, LLC Fairhope The Computer Broker Inc. Mobile Danny Bedgood, president Jennie Weller Catering Montgomery continued on page 6 of Superior Automotive Inc. was

Alabama Retail Quarterly - WINTER 2007 4 ... ☛ For more ARA Member News, go to In the News at www.alabamaretail.org among seven nominees vying the nation's 200 Best Small Companies. gourmet grocery store, Tria Market. The for Birmingham Regional Chamber SOURCE: Birmingham Business Journal store anchors the Shoppes at River Run. of Commerce's entrepreneur-of the-year The upscale grocery store is a joint honors in 2006. Each candidate was Birmingham restaurant project between Andy Virciglio, who nominated by participants in the closes after almost 60 years operates the Crestline and Homewood chamber's Entrepreneurs' Roundtable Piggly Wiggly stores, and brothers ARA member Joe's Ranch House program. Naseem and Basim Ajlouny. Virciglio closed Sept. 30 after 58 years SOURCE: Birmingham Business Journal and the Ajlouny brothers also partnered in business. The private dinner club was to launch Tria Market in Homewood known for its steak, fresh seafood and MILESTONES in April. jukebox dancing. Signature menu items Hibbett public for 10 years; included the Ranch House salad, onion The 21,000-square-foot Piggly Wiggly makes Forbes list; CEO to join rings, beef fillets and fish. features stained concrete floors, warm, soft light, a coffee bar, a bakery, dry Sporting Goods Hall of Fame Owner Joe Zarzaur, 87, said the club aged beef and a cheese department. It Hibbett Sporting Goods Inc. marked had 700 members when it closed. also boasts a 130-seat dining area, the its 10th anniversary as a public SOURCE: Birmingham News only one in Birmingham that sits right on company Oct. 11, 2006, by "ringing" the Cahaba River. Tria, with its eating the virtual opening bell for the Nasdaq. Huntsville Burger King area outside, takes up about one-third of The retail chain, established in 1945 celebrates four decades the store. The store employs about 80 under the name Dixie Supply Co. Huntsville's first Burger King opened part-time and full-time workers. in Florence, changed to Hibbett 40 years ago at Memorial Parkway and SOURCE: Birmingham News Sporting Goods in the mid-1960s. The University Drive. Fred and Jean Wessel company headquarters moved to opened their first Burger King on PROFESSIONAL DEVELOPMENT Birmingham in 1981. At the time, Sept. 30, 1966, the third Burger King Spiller Named Senior VP Hibbett operated 16 stores. in Alabama and among the first 200 By Oct. 11, 1996, when the company in the world. The restaurant had just of National Furniture Group went public, Hibbett had grown under $400 in sales that first day. Mike Spiller, chairman of the board of Spiller Furniture Family of Stores, to 79 stores in 10 states. Hibbett now Now, Wesfam Restaurants Inc. is the took office Jan. 1 as senior vice has 625 stores in 23 states. Sales in largest locally owned quick-service president of the National Home 1996 were approximately $83 million; restaurant franchise group in North Furnishings Association, an 87-year-old in 2006, sales reached about $500 Alabama, said Rich Wyckoff, president trade organization serving home million. and chief operating officer. Wesfam furnishings retailers in all 50 states and "We are proud of the 10 years now has 27 stores throughout North abroad. Spiller Furniture, based of growth and strong returns we have Alabama and more than 1,200 in Northport, was founded in 1948 and generated," said the company's employees. chairman and CEO, Mickey Newsome. now operates 17 stores in Alabama and SOURCE: Huntsville Times eastern Mississippi. In May, Newsome will be inducted A long-time member of the NHFA into the Sporting Goods Hall of Fame. NEW VENTURES board of directors, Spiller also is active He will be recognized May 22 during New Piggly Wiggly Store the 43rd Annual National Sporting in NHFA’s affiliate, Southeastern Home Goods Association Management Gets Touch of Tria Market Furnishings Association, which serves Conference and Ninth Annual Team Piggly Wiggly of Jefferson County retailers in Alabama, Mississippi, Dealer Summit in Bonita Springs, Fla. opened a new store Nov. 15 Louisiana, and the Panhandle of Florida. In October, Forbes magazine ranked in Mountain Brook that combines a Hibbett Sporting Goods No. 77 among conventional Piggly Wiggly with the SOURCE: Tuscaloosa News

5 Alabama Retail Quarterly - WINTER 2007 Featured Member ARA Member Sees Revival of Small Retail By Ken Shaia Ken Shaia, his father, J.L., and his uncle, shoulders of giants.” Lessons I've learned from these Leo, operate Shaia's of Homewood, a family- Though my great-grandfather and “giants” in my family include: owned men's store that Ken’s great- grandfather have passed, their ethics ☛ I always thought that having a grandfather started as a general store live through the generations that small business meant that you had in 1922. Esquire magazine has named it one of the best men's stores in the nation. followed. We share duties and there is to learn to wear many hats, even if much crossover. However, my uncle you didn't look good wearing them. A few years ago, I was handles the alterations department and I have learned that if you let people do concerned about small retail the office, what they are good at and stick with stores in America. Americans while your own talents, everything gets done also more efficiently. who have traveled to Europe ☛ have seen the value in boutique managing Some would think that a lot the of family members in a business can retail shopping experiences. family be a conflict - and it can - but once I think small retail businesses real these relationships mature, it can be a will make a great comeback estate. great comfort. The older I get, the in our country. My father wiser my father and uncle become. Let's face it, walls and walls handles ☛ Young people who work with our of choices that all look the same do not most company in a real working retail give shoppers the opportunity to express of the Ken Shaia environment tell me that they learned themselves. vendor more about themselves and others Most of the lessons I learned from my relations, assists with buying, planning by interfacing with the public family at a young age were more the stores special events and training the in a couple of years than they did about "the do’s and don’t’s," but the staff. They are both so accomplished in four years of college. best lessons were just being around in measuring a man for clothing that our ☛ Retail teaches the art of thinking three generations of men discussing small store resides in the top 15 stores twice before saying nothing. (I’m still business and making decisions together. of Zegna’s made-to-measure program, working on this one.) One might wonder the need in so making a very small company very ☛ No level of fitness justifies wearing many generations making decisions, important to a billion-dollar brand. a tank top. Money and taste have but the value in being able to look at the Then, there is the selling. Yes, selling nothing to do with each other. past to see the future is what has kept and serving are the most important parts ☛ Some of the best lessons come our business alive for 85 years. of what we do. The whole family and from our customers who have taught Thanks to my uncle, my father, staff is involved in the selling and most me that true success comes grandfather and great-grandfather, importantly, the service. from getting daily base hits, I feel as though “I am standing on the not just a few homeruns. continued from page 4 The Drapery Workshop Inc. Mobile University Agency Inc. Auburn The Gift Spot Inc. Mobile Unlimited Audio Inc. Mobile ... NEW The Melting Pot, LLC Birmingham Valley Grande Golf Course, LLC Valley Grande The Stem and Stein, LLC Madison Varner Enterprises, LLC Montgomery Tiger Town Hotel Group, LLC Opelika Weiss Lake Egg Co. Inc. Centre Tri-State Truck Accessories Inc. Dothan West End Grill & Bar, LLC Huntsville MEMBERS Tuscaloosa Power Sports Inc. Cottondale Zhu & Lin Inc. Hoover UAB Medical West Associates Bessemer Ziggy's Ice Cream & Pizza Parlor Thorsby

Alabama Retail Quarterly - WINTER 2007 6 Maturing Workforce Alliance Makes Recommendations; Releases Survey For the entire “Practices for Managing an Aging Workforce in Alabama: An Employer Survey,” go to: http://www.aarp.org/research/work/issues/al_worker_2006.html The Alabama 55+ Workforce Initiative employee performance (82 percent), ALABAMA 55+ WORKFORCE Alliance, which includes the ARA, has transferring knowledge from skilled INITIATIVE ALLIANCE made several recommendations to the to unskilled workers (80 percent), and Workforce Development Planning Besides the Alabama Retail Association, other introducing new technology Council to prepare our state for the member organizations that belong to the (79 percent) are at least very important Alabama 55+ Workforce Initiative Alliance aging of its labor force. Among those include: to their organization. recommendations are: ☛ Employers rate workers age 55 and AARP Alabama Department of Industrial Relations over at least very good on commitment 1. Continue researching best practices Alabama Department of Senior Services to doing quality work (98 percent); solid for more effective retention and Alabama Hospital Association Alabama Industrial Development Training Program experience in the job or industry integration of the mature workforce. Business Council of Alabama (94 percent); ability to get along 2. Develop and implement a plan Chambers of Commerce Association of Alabama with co-workers (93 percent); and a National Federation of Independent Businesses to educate employers, economic Society for Human Resource Management reliable performance record development professionals, Senior Community Service Employment Program (92 percent). Willingness to learn new Workforce Investment Area boards technology received the lowest rating and other interested parties about the of workers under age 55 is projected with only about six in 10 (59 percent) value of the older workforce and to decline by nearly 115,000 or almost employers rating workers age 55 and best practices they can use. 5 percent over the same time period. older at least very good. 3. Create training and informational Despite those statistics, only about More than 40 percent of respondents materials on age diversity in the one in 10, or 11 percent, of the 348 said they would consider or are workplace for employers. employers surveyed said they have planning to use at least one of four taken any action to prepare for the 4. Convene a workgroup strategies for employees who want retirement of the baby boom labor to investigate and make to work past the normal retirement age: force. recommendations on the use of the ☛ Reducing work schedules “This could be a train wreck, if we Work Keys program with mature (49 percent); don’t respond correctly,” Tim Alford, workers. ☛ Hiring retired employees director of the state’s Office 5. As the Senior Community Service (47 percent); of Workforce Development, warned the Employment Program is a mandated ☛ Providing part-time work schedules day the survey results were released. partner in the Workforce Investment without benefits (45 percent); and However, he said he is confident Act, a uniform referral and ☛ Providing upgrade training Alabama will do what is necessary follow-up process should be (43 percent). to address the situation. developed at the One-Stop Career The survey “We want to work with employers Centersto serve SCSEP participants. of Alabama to meet this issue head-on,” Alford employers was The recommendations follow the said, “and we think if we do so, we can conducted December release of “Practices mitigate its affect.” from June 7th for Managing an Aging Workforce Other highlights of the survey include: to July 28th, ☛ in Alabama: An Employer Survey,” More than nine in 10 (95 percent) 2006. which explores steps employers employers in Alabama report it currently are using to prepare is no less than “very important” for Alabama’s rapidly maturing labor for their organization to retain force. The survey also explores options skilled employees. ☛ employers would consider utilizing, and About eight in 10 also indicate how well the characteristics of the that recruiting mature labor force meet their current skilled employees and emerging needs. (87 percent), All of the growth in the working-age developing pro- population of Alabama for the next grams to improve decade will be generated by those Tim Alford, director of Alabama’s ages 55 and older. Their ranks will Office of Workforce Development, warns increase by more than 267,000 or of impending train wreck if Alabama 24 percent, while the number employers don’t address aging workforce. PHOTO BY NANCY DENNIS/ARA

7 Alabama Retail Quarterly - WINTER 2007 ... Legislature returns March 6th continued from page 1 Overall for 2006, RetailPAC working environment in that elected 83 percent of its body is expected to be endorsed legislative contentious. candidates. Such success rates In the House, House Speaker wouldn’t have been possible Seth Hammett, D-Andalusia, without the financial and and Speaker Pro-Tem grassroots support of retailers Demetrius Newton, throughout the state. Thank D-Birmingham, each were you for all you did to get out re-elected to third terms without the vote and make the a dissenting vote. House VOICE of retailing heard! Majority Leader Rep. Ken Guin,

RetailPAC-endorsed Sen. Barb’s on Mulberry owner, Barbara Grimes, holds the Bible, as outgoing D-Carbon Hill, will once again Hinton Mitchem, D-Union Alabama Supreme Court Chief Justice Drayton Nabers administers the chair the agenda-setting Rules Grove, is the Alabama Senate’s oath of office to her husband, state Rep. David Grimes, R-Montgomery, Committee. RetailPAC endorsed during a Jan. 5 ceremony at Bear Exploration Center, new president pro tempore, a magnet elementary school in Montgomery. both Hammett and Guin. at least for the first two years Since the November election, of the quadrennium. Mitchem has said he evenly on who they supported for the top ARA has continued to be in contact will step down after 2009 and turn the leadership position with 11 supporting with the lawmakers, attending their job over to Sen. Rodger M. Smitherman, Mitchem and 11 supporting Rep. E.B. swearing-in ceremonies and helping D-Birmingham, another RetailPAC- McClain, D-Midfield, another them close out their election debt. endorsed senator. Retail-PAC-endorsed senator. ARA was on hand Jan. 5th for the The leadership of the Senate was Heading up the Senate Rules unconventional swearing-in ceremony decided on a 1-vote margin of victory. Committee will be Sen. Lowell Barron, for Rep. David Grimes, R-Montgomery. The 15 Democrats and seven D-Fyffe, whose Senate re-election Outgoing Alabama Supreme Court Republican senators RetailPAC also supported. Smitherman Chief Justice Drayton Nabers endorsed by returns as head of the Senate Judiciary administered Grimes’ oath of office as RetailPAC Committee. part of civics lesson at a Montgomery split Getting legislation through the upper elementary school. chamber over the next four years is RetailPAC-endorsed State Treasurer expected to be a challenge and the Kay Ivey recited the pledge of allegiance ARA President Rick Brown breaks bread with state Rep. Arthur Orr, and talked to students about its history, R-Decatur, during a fund-raising then Nabers covered the background luncheon for the senator at the of the oath of office. ARA offices the day before the Alabama Legislature’s organizational session began. PHOTOS BY NANCY KING DENNIS/ARA RetailPAC-Endorsed Alabama Senators Your Team ( ALABAMA RETAILPAC only endorses candidates who have opposition) In the 2007 regular session, the Alabama Retail Association has 77 years of combined District 1 Bobby Denton (D) (I) Muscle Shoals District 19 E. B. McClain (D) (I) Midfield experience advocating the retailer position District 2 Tom Butler (D) (I) Madison District 20 Linda Coleman (D) Birmingham before the Alabama Legislature. The four District 3 Arthur Orr (R) Decatur District 21 Phil Poole (D) (I) Moundville people working for you have been in the trenches and have proven they can get the District 4 Zeb Little (D) (I) Cullman District 24 Bobby Singleton (D) (I) Greensboro job done! District 5 Charles Bishop (R) Jasper District 25 Larry Dixon (R) (I) Montgomery District 8 Lowell Barron (D) (I) Fyffe District 27 T.D. “Ted” Little (D) (I) Auburn ☛ ARA President Rick Brown District 9 Hinton Mitchem (D) (I) Union Grove District 29 Harri Anne Smith (R) (I) Slocomb ☛ District 11 Jim Preuitt (D) (I) Talladega District 30 Wendell Mitchell (D) (I) Luverne ARA Vice President Alison Wingate District 14 Hank Erwin (R) (I) Montevallo District 31 Jimmy W. Holley (D) (I) Elba ☛ Al LaPierre, consultant District 16 J.T. “Jabo” Waggoner (R) (I) Birmingham District 33 Vivian Davis Figures (D) (I) Mobile ☛ Charles McDonald, consultant District 18 Rodger M. Smitherman (D) (I) Birmingham District 35 Ben Brooks (R) Mobile

Alabama Retail Quarterly - WINTER 2007 8 SPECIAL ELECTION CALENDAR Governor calls special

February 23: Voter Registration Deadline for General Election session for week March 1: Absentee Ballot Applications Due for General Election March 5: General Election Absentee Ballots Due before regular session March 6: GENERAL ELECTION The Alabama Legislature actually Polls open 7 a.m. - 7 p.m. began meeting a week early, because If your business or residence is in House District 22, make certain these dates are Gov. Bob Riley called them into a on your calendar and that you are communicating with your employees and customers five-day special session to help bring about these important upcoming milestones for this special election! new jobs to Alabama and get the lowest possible interest rate on money it will t borrow for school construction. Lawmaker, former legislators bid a final farewell The session began Monday, Feb. 26. Albert Hall 1978-1994 and served as the Senate's A special session before the regular Just five days after being re-elected president pro tem from 1987-1994. The session begins was necessary because to his eighth term as the representative last year and a half of his term he served the governor’s proposals require for House District 22, veteran state as the Senate's presiding officer when amendments to the state constitution. Proposed amendments cannot go before Rep. Albert Hall, D-Gurley, died Lt. Gov. Jim Folsom Jr. became voters until at least 90 days after the Nov. 12th at a Huntsville hospital where governor following Gov. Guy Hunt's close of the legislative session in which he had been admitted for heart ethics conviction. they are passed by the Legislature. problems. He was 70. DeGraffenried made an unsuccessful By approving the proposals in a special Hall’s seat will be filled in a general race for lieutenant governor in 1994. session ending March 2, the people will election held on the opening day of the After that, he returned to practicing law get to vote on them in June. The regular 2007 regular session (See election in Tuscaloosa and became a contract session doesn’t end until June 18. calendar above.) lobbyist. Riley has asked the Legislature Sadly in recent months, several former Charles Langford to increase the state's bond-issuing lawmakers also have died. Former state Sen. Charles Langford, capacity from $350 million to $750 Ryan deGraffenried D-Montgomery, who represented million in order to offer industrial Former state Sen. Ryan deGraffenried Montgomery's 26th Senate District incentives to 10 plants the state is Jr. of Tuscaloosa died Dec. 7th for five terms and served two terms recruiting. The Alabama Retail Association of natural causes in Hoover while at the in the House of Representatives, died supports the governor’s call to expand Alabama Association of School Boards Feb. 12 in his sleep. He was 84. the state’s economic development convention with his wife, Sandra Since retiring from the Legislature capability. “Any economic development Sims-deGraffenried, who is the group's in 2003, Langford continued working as is good for the retail industry,” said executive secretary. He was 56. a member of the Gray, Langford, Sapp, ARA President Rick Brown. DeGraffenried represented the McGowan, Gray & Nathanson law firm, Tuscaloosa area in the state Senate from which he helped found. RetailPAC-Endorsed Alabama House Members ( ALABAMA RETAILPAC only endorses candidates who have opposition)

District 1 Tammy Irons (D) (I) Florence District 33 Ron Johnson (R) (I) Sylacauga District 67 Yusuf Salaam (D) (I) Selma District 2 Mike Curtis (D) Florence District 34 Elwyn Thomas (R) (I) Oneonta District 69 James Louis Thomas (D) (I) Selma District 4 Micky Hammon (R) (I) Decatur District 35 (D) (I) Munford District 71 “A.J.” McCampbell (D) Gallion District 6 Sue Schmitz (D) (I) Toney District 37 Richard Laird (D) (I) Roanoke District 73 David Grimes (R) (I) Montgomery District 7 John Jody Letson (D) (I) Hillsboro District 38 Duwayne Bridges (R) (I) Valley District 75 Greg Wren (R) Montgomery District 10 (R) (I) Madison District 40 Lea Fite (D) (I) Jacksonville District 79 Mike Hubbard (R) (I) Auburn District 11 Jeremy Oden (R) (I) Vinemont District 42 James “Jimmy” Martin (D) (I) Clanton District 80 Lesley Vance (D) (I) Phenix City District 12 Neal Morrison (D) (I) Cullman District 43 Mary Sue McClurkin (R) (I) Indian Springs District 88 H. Mac Gipson (R) (I) Prattville District 13 Tommy Sherer (D) (I) Jasper District 44 Arthur Payne (R) (I) Trussville District 91 Terry Spicer (D) (I) Elba District 14 Ken Guin (D) (I) Carbon Hill District 45 Owen Drake (R) Leeds District 92 Seth Hammett (D) (I) Andalusia District 17 (D) (I) Hamilton District 47 Jack Williams (R) (I) Birmingham District 93 (R) (I) Ozark District 18 (D) (I) Red Bay District 48 J. "Greg" Canfield (R) Vestavia Hills District 94 Joe Faust (R) (I) Fairhope District 26 Frank McDaniel (D) (I) Albertville District 56 Priscilla Dunn (D) (I) Bessemer District 95 Steve McMillan (R) (I) Bay Minette District 28 (D) (I) Gadsden District 57 (D) (I) Midfield District 101Jamie Ison (R) (I) Mobile District 29 John G. “Jack” Page III (D) (I) Gadsden District 58 Oliver Robinson (D) (I) Birmingham District 102 (R) Semmes District 31 Barry Mask (R) Wetumpka District 59 (D) (I) Birmingham District 103 Joseph C. Mitchell (D) (I) Mobile District 32 Barbara Bigsby Boyd (D) (I) Anniston District 62 Gerald Allen (R) (I) Tuscaloosa District 105Spencer Collier (R) (I) Irvington District 64 (R) Bay Minette

9 Alabama Retail Quarterly - WINTER 2007 2007 STATE LEGI At its Jan. 23 meeting, the Alabama Retail Association board of directors approved this legislative agenda for the 2007 regular session of the Alabama Legislature. . The ALABAMA RETAIL ASSOCIATION SUPPORTS: ☛ ☛ the BUSINESS LICENSE REFORM ☛ an update to the Bad Check Statute t Coalition in its efforts to simplify county/state to include WORTHLESS CHECKS o business license WITH ELECTRONIC SIGNATURES s application procedures. OR SIGNATURES ON FILE AS VALID, o ☛ a resolution PROSECUTABLE OFFENSES. ☛ to create a task force ☛ changes to the “RESIDENTIAL HOME J to study the feasibility BUILDER” AND CONTRACTOR C of ONLINE FILING LICENSING STATUTES to simplify the i AND PAYMENT process for multi-state retailers. e OF BUSINESS ☛ TAX CREDITS FOR SMALL p LICENSE BUSINESSES that provide healthcare b APPLICATIONS. coverage for employees. p ☛ legislation ☛ legislation to require the REPORTING m to CREATE PARITY OF LOCAL ORDINANCES to a central p AND FAIRNESS location for public viewing. for retailers ON LATE ☛ a monthlong SALES TAX HOLIDAY ☛ FEE CHARGES for ENERGY-EFFICIENT PRODUCTS. i for consumer credit ☛ the “COMMON SENSE CONSUMPTION U transactions. We are ACT,” legislation that spells out that those asking for an increase in the chain of distribution are not civilly ☛ ARA supports tax credits in the minimum that for small businesses that liable for a consumer’s weight gain or obesity. C provide healthcare ☛ t can be collected for their employees. creation of the ALABAMA TAX from $10 to $18. APPEALS COMMISSION as an a ☛ legislation to PROHIBIT LOCALITIES independent state tax court headed by a judge a from enacting EMPLOYEE with specific training in the area of state A BENEFIT MANDATES. and local taxation. These e ☛ legislation to impose STIFFER administrative law judges would be r PENALTIES when thieves make removed from the authority of the their escapes through emergency Alabama Department exits. THEFT BY EMERGENCY of Revenue and placed under the EXIT would be a crime within the Office of the Attorney General as a recently enacted ORGANIZED separate division. RETAIL THEFT STATUTE. ARA supports legislation to make the punishment greater when theives make their escapes through emergency or fire exits.

Alabama Retail Quarterly - WINTER 2007 10 EGISLATIVE AGENDA For more on these issues, go to Issue Briefs at www.alabamaretail.org ... The ARA SUPPORTS: The ARA OPPOSES: continued from page 10 ☛ the STREAMLINED SALES TAX initiative ☛ legislation requiring mandatory COUNTRY that levels the playing field for in-state and out- OF ORIGIN LABELING, or COOL, of-state retailers. This will provide a simplified by retailers or restaurateurs. ☛ BAND-AID or QUICK-FIX TAX sales tax system that makes the collection SCHEMES or singling out one particular of sales taxes more manageable for businesses. industry or segment of business for punitive ☛ tax increases. ARA the Alabama Civil vehemently opposes Justice Reform any patchwork tax Committee (ACJRC) efforts. in TORT REFORM ☛ legislation efforts, including to eliminate or restrict previously introduced CONTRACTUAL bills concerning ARBITRATION AGREEMENTS. post-judgment interest, ARA opposes mandatory country of origin labeling at the state level on such products as seafood, meat, fruits, vegetables and peanuts. ☛ legislation to mental anguish and ARA favors a voluntary consumer-driven system. change the current product liability. ELECTION PROCESS FOR APPELLATE JUDGES. ☛ legislation designed to REDUCE FRAUD ☛ MANDATORY HEALTH CARE in WORKERS’ COMPENSATION and BENEFITS that can further increase the price UNEMPLOYMENT COMPENSATION. of healthcare coverage. ☛ MANDATORY EMPLOYEE BENEFITS ☛ AMENDMENT-BY-AMENDMENT AND WAGES. CONSTITUTIONAL REFORM in order ☛ MANDATES ON THE PRICE for which to streamline Alabama's constitution, remove retailers can SELL PRESCRIPTION DRUGS. ☛ legislation restricting EXPIRATION archaic and offensive language and provide DATES ON GIFT avenues by which the CARDS OR Alabama Legislature can CERTIFICATES. enact meaningful tax ☛ legislation reform. to restrict the normal USE OF CUSTOMER INFORMATION obtained in the regular ARA opposes legislation restricting expiration dates on gift cards or certificates course of business.

PHOTOS BY TRACY YOUNG/YOUNG PHOTOGRAPHY

11 Alabama Retail Quarterly - WINTER 2007 New Food Code in store by fall Alabama will be operating ☛ Adds norovirus to the list under an updated Food Code of diseases or illnesses a by the fall. The Alabama food-handling employee Department of Public Health must report to the food will begin advertising the establishment’s permit holder. changes in the code by mid- A norovirus causes acute gastroenteritis. It is summer and the effective sometimes known as the date will be late summer or “cruise ship virus,” because early fall, said Mark Sestak, Changes to the state’s Food Code reflect 2005 federal law updates of its quick spread among director of the department’s cruise-ship passengers, control for safety to limit the growth Food and Lodging Branch. causing the illness of as many as 700 of pathogenic microorganisms or the The current code was enacted people at time on a single ship. formation of toxins. The new code in 2001. The changes to the 211-page Noroviruses, characterized by stomach adds tables dealing with the flu-like symptoms, affect about 23 code are minimal and primarily reflect interaction of pH (acidity) and Aw million Americans annually, according changes made in federal law through (water activity) for control of spores to the U.S. Centers for Disease Control. 2005, Sestak said. in heat-treated, packaged food and ☛ Lowering of the hot holding The primary changes in the code unheated food that isn’t packaged. temperature from 140 degrees to 135 include: This change is intended to help degrees. By 2010, the cold holding ☛ Clarification of the definition of a with questions concerning when a temperature will be lowered as well potentially hazardous food, i.e. food food, for example pumpkin pie, from 45 degrees to 41 degrees. that requires time and/or temperature should be refrigerated. Grocers, restaurateurs need Capitol Insights to plan now for required Food Protection Manager Certification Access the necessary online course work at www.alabamaretail.org Federal minimum wage increase tied Beginning deducted Jan. 1, 2010, from health to tax breaks, which went to conference all food scores for Congress has approved a The House bill changes the establishments not having $2.10 an hour increase formula by which must have a someone on staff who in the federal minimum restaurants calculate food wage – from $5.15 to $7.25 deductions for Social protection has completed a course of over two years. However, Security taxes paid on tips manager certified through study in food protection. the legislation is linked above the minimum wage, an accredited program. Accredited programs are to business tax breaks, ensuring the wage hike Under the current food offered by the National which had gone to a won’t hurt restaurants. code, establishments with Restaurant Association conference committee at The Senate bill eliminates someone who has Educational Foundation’s press time. deductions for payments completed the certification ServSafe Food Safety The House has approved in lawsuits. It also process can receive two Program and the Food $1.8 billion in tax breaks accelerates depreciation bonus points on their health Marketing Institute. over 10 years, while the until April 2008 for new score rating if the ARA members can take Senate approved $8.3 billion restaurant construction and establishment also meets online courses through – more than four times the improvements to retail other minimum LearnSomething on the ARC amount the House passed. businesses from 39 years requirements. Web site to prepare them House and Senate to 15 years. The certification is good for the certification test. negotiators were expected Both bills extend through for five years. The course cost is $60 and to reconcile differences 2010, the ability of small Once certification there is a charge for taking by the first or second week businesses to write off becomes mandatory the examination as well. in 2010, points will be of March. capital costs.

Alabama Retail Quarterly - WINTER 2007 12 Turns out it wasn’t the Grinch who stole Christmas after all.

The credit card companies took a bite out of every present you bought with their cards.

Credit card companies’ hearts certainly haven’t grown three sizes this year. In fact, over the last twelve Interchange is the months, Americans paid more than $30 billion in interchange fees—about twice what we paid in late fees. And what’s more, Visa and MasterCard don’t want you to know about it. They wrote the rules that biggest credit card fee make it virtually impossible to tell consumers how much interchange fees cost—and it’s time for that to you’ve never heard of... become a ghost of Christmases past. and it’s outrageous. While Visa and MasterCard fix these fees in secret, the rest of us continue to give the gift of our hard- earned money to the credit card companies.

To learn more about credit card interchange fees and the Merchants Payments Coalition, please visit www. UnfairCreditCardFees.com

13 Alabama Retail Quarterly - WINTER 2007 Decatur-based trooper named Law Enforcement Officer of the Year By Nancy King Dennis Alabama Retail Quarterly Editor

HOOVER – Retailers rely heavily of Kid One Transport, a Homewood- 2006 LEO NOMINEES on local law enforcement to provide based nonprofit that gives children and ☛ Officers Steven Beshears and Phillip Harris, safety, security and support for their expectant mothers free rides to East Precinct Task Force, Birmingham Police businesses. For that reason, the non-emergency medical appointments. Department Nominated by: Sgt. Scott Nelson, Birmingham Alabama Retail Association each year "Retailers throughout the state are ☛ Officer Claude Bozeman, Prattville Police singles out one of the more than 13,000 grateful that you have our backs," ARA Department Nominated by: Police Chief Alfred W. Wadsworth, Prattville law enforcement officers in the state Chairman Ken Hubbard told Thompson ☛ Deputies Jason Chambers and Stan Hinson, Elmore County Sheriff’s Department for its “Law Enforcement Officer and the other law enforcement officials Nominated by: Sheriff Bill Franklin, Wetumpka of the Year,” or LEO Award. at the award ceremony at the ☛ Investigator Jonathan Dees, Alabama Department of Public Safety Driver License Division Fraud Unit, On Tuesday, Jan. 23rd, the Alabama Renaissance Ross Bridge Golf Resort & Mobile Nominated by: Lt. Rufus Washington Jr., Retail Association presented Alabama Spa. Montgomery ☛ Investigator Ronni Fetty, Alabama Department State Trooper Dwight Thompson A panel of law enforcement officers, of Public Safety Driver License Division Fraud Unit, with the 2006 LEO award. Twenty-six- retailers and a former LEO winner Opelika Nominated by: Lt. Terry Tate, Montgomery ☛ Sgt. Tony Garrett, Community Policing Division, year-old Thompson of Elkmont is based chose Thompson from a group Montgomery Police Department Nominated by: Lt. W.E. Herman, Montgomery out of the Alabama Department of 24 fellow law enforcement officers ☛ Officers Darwin V. Halbrooks and Richard D. of Public Safety’s Decatur post and nominated from throughout the state. Stover, Limestone Correctional Facility, Alabama Department of Corrections patrols Limestone County. A superior from local police Nominated by: Brian Corbett, Montgomery In recognition for his hard work, the departments, sheriff’s offices, state ☛ Sgt. John Hutton, Bibb County Correctional Facility, Alabama Department of Corrections trooper received a crystal trophy and a trooper offices or other law enforcement Nominated by: Warden Cheryl Price, Brent roster plaque to hang agencies nominated each officer. ☛ Investigator Adam T. Jones, Tuscaloosa Police Department at the Decatur trooper Sgt. Tim White, assistant post Nominated by: Capt. Michael T. Everett, Tuscaloosa ☛ Officer Myford Little, Bessemer post until the 2007 commander for the Decatur Post Police Department Officer of the Year is of the Highway Patrol Division Nominated by: Police Chief Nathaniel Rutledge Jr. ☛ Sgt. J.A. Morrison, Alabama Department of Public named. ARA also of the Alabama Department Safety Driver License Division, Birmingham made a $1,000 of Public Safety, nominated Nominated by: Lt. Roosevelt Cook, Birmingham ☛ Officer Nathan Nickelson, Huntsville Area Crime donation in his name Thompson. Stoppers, Huntsville Police Department to the River Region White referred to Thompson as Nominated by: Police Chief Rex Reynolds, Huntsville ☛ Officer Willie Pickens, Northport Advisory Council “model trooper” in his nomination Police Department Nominated by: Police Chief Robert W. Green letter that noted Thompson ☛ Trooper Dwight Cpl. Christopher B. Robertson, Alabama already had received two Department of Public Safety Driver License Division, Thompson Post Commander, Decatur District of the department’s highest Nominated by: Lt. Ricky Dale, Decatur honors, the Life Saving ☛ Deputy Thomas Simmons, Madison County Sheriff’s Department Medal and the Nominated by: Sheriff Blake Dorning Director’s Citation. ☛ Detective Scott Thurmond, Crimes Against Property, Birmingham Police Department Whether it is Nominated by: Capt. Ellison Beggs and James F. Calhoun, Birmingham saving the life of a ☛ Postal Inspector Jim Tynan, U.S. Postal Inspection drowning child, Service, Montgomery Domicile Nominated by: Postal Inspector R.F. Dyer, Birmingham linking a traffic ☛ Deputy Donald Williams II, Montgomery stop to a series County Sheriff’s Department Nominated by: Sgt. Sherri Taylor, Montgomery of vehicle ☛ Investigator Dortheen ‘Teena’ Williams, thefts, helping West Alabama Narcotics Task Force, Tuscaloosa Police Department an area Nominated by: Capt. J.L. Snyder, Tuscaloosa ☛ Cpl. Jessie Williams, Alabama Department SWAT team of Public Safety Driver License Division, Dothan diffuse a District Nominated by: Lt. Jack Waller, Dothan For more on these nominees, go to: continued on page 15 http://www.alabamaretail.org/news_detail.aspx?id=2242

Alabama Retail Quarterly - WINTER 2007 14 ... Law Enforcement Officer of the Year continued from page 14 domestic disturbance gone awry or vest, jumped in the water and pulled a teaching students how simple math is 5-year-old boy to safety. He’d started used in accident investigation, this state after the second victim when other trooper does his job with emergency personnel who had arrived “professionalism and strong on the scene took over. Unfortunately, enthusiasm,” White said. the 8-year-old girl and her father In the past year, Thompson clearly drowned in the boating accident. demonstrated his dedication to the Thompson received Public Safety’s Life service, support and safety of citizens Saving Medal for saving the boy’s life Previous he protects daily. and his heroic efforts at the scene. Law Enforcement On April 22, 2006, while making a On March 4, 2006, Trooper Thompson Officers of the Year routine traffic stop, occupants of another stopped a tow truck on Interstate 65 vehicle let him know some children in Limestone County for improper 2005: Deputy Sheriff Jon Carr, were in trouble at a nearby pond. The lighting. Aware that many disabled Shelby County Sheriff’s Office trooper followed them to the irrigation vehicles had been stolen from roadsides pond of a nearby nursery where a in Limestone County, Thompson 2004: Sergeant Thomas D. Laird hysterical mother pointed out the bodies discovered the tow-truck driver did not Jr., Alabama Department of Public Safety Driver License of two children floating face down near have permission from the vehicle owner Division, Birmingham District a capsized canoe. Thompson threw off to remove it from the Interstate. his duty belt, uniform shirt and ballistic Thompson notified the Athens Police 2003: Detective Tim McArdle, Department, which later discovered Lead Investigator, Financial 25 stolen vehicles at the Crimes Unit, Hoover Police suspect’s home. Department For helping the Athens and Huntsville police 2002: Sergeant Susan H. Everett, departments as well Head of Financial Crimes Unit, as the Limestone Criminal Investigation Division, County Sheriff’s Tuscaloosa Police Department Department 2001: Russell Payne, U. S. Postal solve 28 stolen Inspector vehicle cases, Thompson 2000: Investigator Dwight Hasty, received the Huntsville Police Department Director’s Citation for exceptional 1999: Sergeant Phillip Brock, meritorious Drug Enforcement Agency Task ARA Chairman Ken Hubbard greets Pat Harris, chairman of the River Region Advisory Council, and Tracy Smith, chief executive officer of service. Force and Montevallo Police Kid One Transport, which received $1,000 in honor of Trooper Dwight Department Thompson. PHOTO BY TOMMY GILES

CDC meets new Pharmacy Board executive director ARA’s Chain Drug Council took time Jan. 11 to get acquainted with the Alabama State Board of Pharmacy’s new executive director, Herbert Bobo (inset). Bobo has a varied background of pharmacy practice including retail, man- aged care and industry. He is an Auburn University School of Pharmacy alum.

15 Alabama Retail Quarterly - WINTER 2007 with upon her retirement referred to her designation, the American Society as “the hardest working adjuster.” of Association Executives announced Misty Willis has taken on the duties in January. The CAE is the highest previously assigned to Prickett. professional credential in the Contact Misty at 334.263.1915, Ext. 117, association or [email protected] industry. Less than Medical Claims Analyst Mary five percent of all Compton joined Alabama Retail Comp association in July 2000, having worked in the professionals have insurance industry since 1990. She retired earned the CAE. in January. “Mother Mary,” as she is To be so known to the ARC staff, will be missed. designated, an “Your outstanding example, applicant must attitude and work ethic NEWS ABOUT have a minimum inspire us all to provide the Alison Wingate of three years STAFF best possible customer experience in nonprofit organization service,” the crystal MEMBERS management, complete a minimum award presented to of 75 hours of specialized professional Two ARC her read. development, pass a stringent veterans retire Charlotte Largen examination in association management Lost-Time Claims Analyst Nina has assumed the and pledge to uphold a code of ethics. duties previously Prickett retired in December after eight Mary Compton, Wingate joined ARA in 2001 as assigned aka ‘Mother Mary,’ years with Alabama communications director, was named to Compton. proudly displays Retail Comp. Before her retirement award. director of governmental and public joining ARC in 1998, Contact Charlotte at 334.263.1915, Ext. 126, affairs in 2003, and became vice Prickett had or [email protected] president in 2005. In addition been an to management responsibilities, adjuster in the Wingate leads the Retail Association’s workers’ Wingate earns governmental relations activities compensation CAE credential before the Alabama Legislature arena since and the U.S. Congress. 1993. Nina Prickett reads a poem Alabama Retail Association Vice she wrote to mark her President Alison Wingate earned the The award retirement and the changes Contact Alison at 334.263.5757, Ext. 104, ARC presented she witnessed certified association executive, or CAE, or [email protected] Prickett while working at ARC. Post jobs and search for resumes at Alabama JobLink Go directly to JobLink.Alabama.gov or find the link at www.alabamaretail.org The Alabama Career Center System job orders, in which company informa- and follow instructions to create a user has a free job match Web site known as tion is hidden and jobseekers are name and password; enter company Alabama JobLink, which gives employ- referred to a local career center, or you information; create job orders; and ers the opportunity to use the Internet to can provide contact information online. review resumes. The registration locate and hire new employees by post- Alabama JobLink can launch searches process takes about 15 minutes. If you ing job openings and accessing resumes statewide, for a particular geographic have difficulty during any step, an posted by jobseekers. At the site, area, for an individual county or e-mail address is provided to request employers have access for multiple counties. assistance. Confirmation that an to more than 25,000 resumes. There are no fees associated with employer account has been approved Access to Alabama JobLink is avail- Alabama JobLink for employers or job- will be received within 72 hours. able 24 hours-a-day, seven days-a-week, seekers. The Web site and the Career Center including holidays. In order to register on the Web site, System are services of the Alabama Employers have the option of “blind” choose “Create an Employer Account” Department of Industrial Relations.

Alabama Retail Quarterly - WINTER 2007 16 YOUR QUESTIONS...OUR ANSWERS From time to time ARA members familar with, service animals are used Trafficking in counterfeit merchandise is contact their association for answers by people with impaired hearing, those a federal crime, punishable by up to 20 to questions about a wide range who need assistance pulling a years in prison for repeat offenders. The of subjects. Here are some of the wheelchair or fetching items and even U.S. Chamber of Commerce reports that questions posed and answers given by those prone to seizures. counterfeiting - from handbags in the past few months. to watches to prescription drugs to How does vacation time, textbooks — is a $250 billion-a-year business and can be a source of funding Do I have to admit a restau- holidays and sick time factor terrorism. If you suspect merchandise is rant patron who is not blind into the 40-hour work week? counterfeit, contact the FBI or U.S. but is accompanied by a dog If an employee is absent during the work Attorney's Office. A Prichard shop owner for some other reason? week for such reasons as illness, who admitted to selling knockoffs of Nike Under the Americans with Disabilities vacations, holidays, jury duty or products was sentenced in December to Act, you must allow people personal leave, even though they may be five years of probation and fined $3,000 with disabilities accompanied by a paid, those hours do not count as time for trafficking in counterfeit goods. An service animal (it doesn’t have to be a worked. owner of a Tuscaloosa clothing store who dog) access to all public areas where For instance, if an employee works two pleaded guilty to selling counterfeit other customers are normally allowed. eight-hour days, take the third day off as merchandise was sentenced in November This law applies even if you have a a vacation day, then works two 12-hour to 37 months in federal prison and fined clearly posted “No Pets” policy. You days, he is not entitled to overtime. He $25,000.. He admitted trafficking can ask a disabled person to remove only worked a 40-hour week. in goods bearing the bogus trademarks the service animal from the premises if of various companies, including Nike, the animal becomes aggressive or Louis Vuitton, Lacoste and Gucci. The destructive. In that instance, be sure Is it illegal for a business to sell fake high-end items such as basic rule is don’t sell something that to make it clear the person can stay claims to be something it is not. without the agressive animal. Besides Louis Vuitton, Dooney, Coach the seeing-eye dog that most people are or Prada purses? Telephone tax refund possible for most taxpayers A difference on your tax returns this paid. To do this, they must fill out Form The standard amount is not available year is the possibility of a telephone tax 8913, Credit for Federal Telephone to businesses and nonprofits. refund. This is one-time payment Excise Tax Paid, and attach the Accordingly, businesses and nonprofits available on your 2006 federal income completed form to their regular 2006 must fill out Form 8913 and base their tax return, designed to refund previously income-tax returns. refund requests on the actual amount collected federal excise taxes on But many don’t want to dig through of tax they paid. Businesses should long-distance or bundled service. up to 41 months of phone bills or lack attach this form to the income-tax Any individual, business or nonprofit the records they need to figure the tax returns they normally file — Form organization that paid the tax for long paid. For that reason, the government 1120, 1120S, 1065 or 1041. Nonprofits, distance or bundled landline, wireless, created a standard amount individuals including churches, charities and other or Voice over Internet Protocol (VoIP) can use to request their refund. tax-exempt organizations, should attach service billed after Feb. 28, 2003, and Individual taxpayers can take a it to Form 990-T. before Aug. 1, 2006, is eligible standard amount from $30 to $60 based Businesses and tax-exempts can to request the refund. on the number of exemptions they are review their bills for two months (April Taxpayers can base their refund eligible to claim on their 2006 tax and September 2006 bills) and use a requests on the actual amount of tax return. special formula to figure the refund.

17 Alabama Retail Quarterly - WINTER 2007 ARC Agent Josh Beck Sets Alabama Point-to-Point Cycling Record For more about the UltraMarathon Cycling Association, go to www.ultracycling.com BIRMINGHAM – Greenhalgh and his wife actively compete Insurance Agency Inc.’s Commercial in triathlons. He participated in the Insurance Agent Josh Beck holds the Mercedes Marathon in February and UltraMarathon Cycling Association’s, will travel with his wife to Idaho or UMCA’s, Alabama East to West in June to compete in Ironman Coeur cross state overall record and d’ Alene. the record for Senior Men, You have to give Beck credits his late ages 18 to 49. it your all every grandfather, Jerry Payne, He accomplished this day. If you do that, as his biggest role model. milestone by completing a “I can remember him 222-mile bicycle trek good things will talking to me before I was on Saturday, October 21, happen for you. about to start my first “real” 2006, in 12 hours and eight summer job. He said, ‘Boy, minutes. Beck cycled across the state you go out there and work every day of Alabama, east to west, beginning like your life depends on it. It doesn’t in Phoenix City at 4 a.m. and matter how hard your co-workers work. continuing across the state until You work at your speed, and that speed reaching the Mississippi border just is wide open. You have to give it your outside of Cuba. all every day. If you do that, good Greenhalgh Insurance Agency Inc. things will happen for you.’ I have is part of the network of independent never forgotten that and apply it to my insurance agencies that distribute life in all aspects,” Beck said. Alabama Retail Comp’s workers' Beck also gives credit to his wife, compensation program. Beck is just Tanya, and his faith in God. one of the many insurance agents Beck, 33, a Gadsden native, graduated throughout the state who can give you from Auburn University. a quote on ARC workers’ comp Greenhalgh Insurance Agency Inc. coverage. in Birmingham has been in the During his bicycle trek, Beck averaged insurance business since 1940, and is a 19.2 miles per hour. During 2006, he third generation family-owned business. Josh Beck during his ride across Alabama cycled an excess of 5,000 miles. Beck >> www.greenhalghinsurance.com Sunday coupled with holiday gives taxpayers an extension Alabama taxpayers will have until ☛ Individual estimated tax returns back its deadline to match the new Tuesday, April 17, to file their 2006 and payments for the first federal deadline. Alabama returns and pay any tax due. quarter of 2007 (Form 40ES). In January, the Internal Revenue The April 17 deadline will apply to: ☛Any other Alabama income, Service announced there would be a ☛ 2006 Alabama individual financial institution excise, or two-day reprieve for federal returns and income tax returns, whether business privilege tax returns, payments. That's because April 15, the filed electronically or on paper. administered by the ADOR, usual tax deadline, falls on Sunday this ☛ Requests for an automatic having an April 15, 2007, filing year and April 16 is Emancipation Day, six-month tax-filing extension, and payment deadline date. a legal holiday in the District whether submitted of Columbia. The IRS said holidays electronically or on a paper Alabama Revenue Commissioner Tom in the nation's capital have an impact Form 4868A. Surtees said the state decided to push nationwide.

Alabama Retail Quarterly - WINTER 2007 18 IN THE WORLD OF WORKERS’ COMP Arbitration agreement valid for workers’ compensation claims By Richard I. Lehr

An agreement between an employee The trial court invalidated the arbitration agreement is enforceable. and employer to arbitrate claims that agreement, stating that it was Although such an agreement does not either may have against the other is “unconscionable, patently biased and prevent an individual from filing a valid, providing certain procedural grossly favorable to [Ryan’s].” discrimination charge, it does require safeguards are met. These agreements In upholding the validity of the the individual to pursue any claim usually cover claims such as agreement, the through the arbitration process rather retaliatory discharge, discrimination, Court of Civil than the judicial system. The harassment and wage and hour Appeals noted that advantage to both parties is that disputes. In the case of Ryan’s Family the agreement arbitration can be a more expeditious, Steakhouse, Inc. v. Kilpatric, the includes a provision cost effective process than the judicial Alabama Court of Civil Appeals to cover “state system. Furthermore, there is no jury extended the reach of such an workers’ in an arbitration claim and usually the agreement to cover an employee’s compensation.” arbitrators are experienced claim for workers’ compensation In rejecting employment law practitioners or benefits. The case ultimately will be Kilpatric’s claim retired judges who evaluate the facts decided by the Alabama Supreme that the arbitration in a more sophisticated manner than Court. So although this case is a good agreement was most juries. If you want to use Richard Lehr development for ARA members, it’s unconscionable, the arbitration agreements, be sure the not “final” until we hear from the court stated that she “offered no arbitration agreement is a “stand Alabama Supreme Court. evidence indicating that she lacked a alone” agreement. If mandatory When she applied for employment meaningful choice in signing the arbitration language is contained with Ryan’s, Donna Kilpatric signed arbitration agreement or that Ryan’s in a handbook that says the handbook an arbitration agreement to “resolve exercised overwhelming bargaining is not a contract and may be revised any and all employment-related power.” For example, she failed to at will, then the arbitration provision disputes between [Ryan’s] and [its show that she was unable to gain of that handbook will be unenforceable. employees] under [Ryan’s] program.” employment elsewhere if she chose Richard I. Lehr is a member of the Ryan’s employed a third party not to sign the agreement. The court Birmingham based labor and employment to administer its arbitration program. also rejected Kilpatric’s argument that law firm of Lehr, Middlebrooks & Vreeland, Kilpatric sued for workers’ a mandatory arbitration agreement for P.C. His firm represents employers, only, compensation benefits and retaliatory workers’ compensation claims violates regarding workplace matters. He can be discharge, and Ryan’s sought to public policy. reached at (205) 323-9260 or enforce the arbitration agreement. A properly drafted mandatory [email protected].

Unemployed Alabamians have begun filing claims online Unemployed workers in Alabama October.Under the electronic filing JobLink, the state’s free Internet job now can file new, additional and system, a claimant can contact a Call search Web site (See story, page 16). reopened claims for unemployment Center representative to confirm filing, Online claims are filed insurance electronically. add information or change information at dir.alabama.gov/uc/claims. Further The Alabama Department on the same day the claim is filed. information is available by calling of Industrial Relations began offering When required, claimants will be toll-free, 1-866-234-5382. benefit applications online in late automatically registered with Alabama

19 Alabama Retail Quarterly - WINTER 2007 $2.1 Million Returned to Participants For more about Alabama Retail Comp, go to www.alabamaretailcomp.org In 2007, the Alabama RETROSPECTIVE RETURN experience of the fund as a whole. The Retail Association’s DISTRIBUTION FOR 2007 amount of credit a participant receives workers’ compensation ARC’s $2.1 million retrospective return is tied directly to the business’ loss insurance fund will return for 2007 will be distributed ratio. Lower losses mean a higher from fund years as follows: retrospective credit at renewal. This $2.1 million to qualified 2005 $500,000 acts as an incentive for participants participants. The board 2004 $900,000 to provide a safe work environment. of trustees of Alabama Retail Comp, the 2003 $200,000 Alabama Retail Comp, the state’s self-administered, self-insured workers' 2002 $300,000 most stable, cost-effective workers’ compensation fund available only 2001 $200,000 compensation insurance program to ARA members, voted in October Total 2007 Return $2,100,000 for retailers, is regulated by the to distribute $2.1 million in the 2007 Alabama Department of Industrial fund year, which began Jan. 1. Retail Comp has returned more than Relations and governed by retailer “We are pleased once again $25 million to its participants through its trustees who participate in the fund. A retrospective return plan. The plan to provide this added benefit from the total of 3,850 of the more than 4,000 provides a controlled method for the fund value our members get from their Alabama Retail Association members to return excess funds accumulated due workers’ compensation coverage and participate in the fund. ARC specializes their membership in the Alabama Retail to favorable operating experience. The in the retail industry, but also provides Association,” said Rick Brown, the retrospective rating plan uses an actuarial coverage to employers in other fund’s administrator and ARA president. formula that takes into account individual participants’ experience versus the business classifications. Since its inception in 1984, Alabama

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Attn: Tomma Webster 7265 Halcyon Summit Dr. P.O. Box 240669 Montgomery, Alabama 36124-0669 2007, Alabama Retail Association. All rights reserved. ©