Volume 2 - February 12, 2016

A Publication by the Franklin Resources Group

THE HOUSE

Priority Bills HOUSE RECONVENES Tuesday, Feb. 12 – 1:00 p.m. THE SENATE

Child Abuse Legislation SENATE RECONVENES Tuesday, Feb. 12 – 2:00 p.m.

SUNSET In the Senate

IN COMMITTEE VISIT NEW WEBSITE

This Week www.franklinresourcesgroup.com

Ryan deGraffenried, III • Johnny Crawford • Susan Hansen • David Rogers 4120 Wall Street, Montgomery, Alabama 36106 • Email: [email protected]

Week 2 February 12, 2016

A THE HOUSE Priority Bills

Although it took several hours Tuesday, the House passed two priority bills from the GOP caucus “Right For Alabama” agenda. After a brief filibuster by House black caucus members, the Alabama Taxpayer Advocate Act passed with a vote along party lines of 70-33. The bill sponsored by Rep. Mark Tuggle (R- Alex City) would allow the Governor to make appointments from five candidates selected by a committee of government officials and business professionals. It would expand the duties of the advocate. Currently, the Revenue Commissioner appoints the taxpayer advocate from among revenue department employees.

The second bill to pass was HB36 by Rep. Kyle South (R-Fayette). This would extend a $1,500 tax credit to businesses with less than 75 employees for creating a job paying $40,000 or more a year. It passed 88- 12. Both of these bills are now in position to be considered by the Senate.

Thursday, the House spent the morning debating two more “Right For Alabama” agenda bills. The first, HB37, which is a constitutional amendment, by Rep. Arnold Mooney (R-Birmingham) would solidify that Alabama is a Right-to-Work state by asking the Alabama voter to add it in the state constitution. Alabama is already a Right-to-Work state statutorily, forbidding making union membership a condition of employment.

Several Republican House members were absent for the vote on HB37. It failed 60-24. As we said this is a constitutional amendment and requires 63 yes votes to pass the 105-member House. Speaker Hubbard said the bill would be back for another vote next Tuesday.

The House also deliberated HB45 by Rep. April Weaver (R-Brierfield), which would outlaw the selling of fetal tissue. The House adjourned before taking a vote on the bill. We expect HB45 to also be back before the House next Tuesday.

THE SENATE Child Abuse Legislation

Tuesday, the Senate considered and passed two bills strengthening the penalties for aggravated child abuse. SB23, by Sen. Clyde Chambliss (R-Prattville) would make aggravated child abuse of a child under age 6 a felony.

The second bill to pass was SB22 by Sen. Tom Whatley (R-Auburn), known as Ava’s Law, named after a 4-year old Lee County girl who died as a result of child abuse. The legislation makes it possible to charge a defendant with murder if aggravated child abuse leads to the death of a child. Currently the maximum charge for such a heinous crime is manslaughter. Both bills passed without any dissenting votes and now go to the House for their consideration. They are expected to pass quickly.

Week 2 February 12, 2016

SUNSET In the Senate

Each year certain executive branch agencies, commissions, and boards are reviewed by the legislature for a 4-year cyclical performance evaluation. If the legislature fails to pass bills continuing these agencies they are abolished or “sunsetted.”

The law requires the legislature to start considering sunset bills one hour after convening by the tenth legislative day. It is typically the tenth legislative day when sunset bills are placed on the calendar. However, the Senate has chosen to address these bills earlier this session. Thursday, the fourth legislative day, the Senate deliberated and passed seven sunset bills sending them to the House. Next week the Senate is expected to complete the remaining 19 sunset bills. This will mean they are all handled well before the tenth legislative day.

IN COMMITTEE This Week

 HB13 a constitutional amendment by Rep. Alan Harper (R-Northport) allowing the legislature to provide for a lottery to be operated by the state under terms and regulations to be decided by the state legislature. It was approved by the House Economic Development and Tourism Committee by a voice vote Wednesday. The companion bill, Senate Bill 19 by Sen. Jim McClendon (R-Springville) had a public hearing in Senate Tourism & Marketing Committee, but no vote was taken.  SB119 a constitutional amendment by Sen. (R-Daphne) creating a unicameral (one-body) legislature. The amendment would abolish the Senate and the office of Lieutenant Governor. No committee action was taken on this bill.  SB120 another constitutional amendment by Sen. Pittman preventing legislators from serving more than three full consecutive terms, was approved by 4-2 and received a favorable report out of the Senate Constitution, Ethics and Elections Committee.  SB180 by Sen. Gerald Dial (R-Lineville) a bill creating the Transportation Safety Fund and delineating the distribution of those funds to state, counties and municipalities is best explained by Senator (R-Madison) in his legislative blog: “in all likelihood a gasoline tax increase will be proposed in the coming weeks. A contentious point with this proposed tax increase is how the funds will be distributed. While we really don’t know how many legislators support a gasoline tax increase, every legislator is concerned with how and where the funds will be spent. This bill creates an empty bucket for future gasoline taxes and defines how the funds will be allocated at the state, county and municipal levels. But it gets a little more complicated...over the years three gasoline taxes have been approved by the legislature totaling sixteen cents in state tax on gasoline and each has a different formula on how the funds are distributed. The bill was carried over so that more information on the proposed formula and current formulas can be presented to committee members.”

4120 Wall Street Montgomery, AL 36106