12/9/13 Capitol Retail Report March 08, 2013 Urge Senators to Stand with Main Street Ask for E-Fairness Reference in Budget Resolution The U.S. Senate sponsors of the Marketplace Fairness Act, S. 336, have decided to seek an amendment to the federal budget resolution that will make clear the intent of the Senate and Congress to pass e- Workplace Poster fairness legislation. While this is a test vote, it is a pivotal one. A vote is expected soon. E-Fairness Sixty votes are needed for this Right-to-Work amendment to be a success and considered a reflection of the wishes of Swipe Fee Settlement the Senate. Guns to Work Reach out to Alabama's senators, Debit Swipe Fees Richard Shelby and Jeff Sessions, and ask them to support making Drug Database Marketplace Fairness an important component of the U.S. budget resolution. Their votes are needed to Occupational Taxes demonstrate that the Senate has sufficient support to pass the Marketplace Fairness Act. Employer Healthcare Mandate Call Shelby at (202) 224-5744 or e-mail him. Nexus Standard Call Sessions at (202) 224-4124 or e-mail him. Business License Year The Senate bill and its House companion, H.R. 684, seeks to end Weights/Measures sales tax disparity by giving states the authority to require remote and Inspectors online sellers to collect sales and use tax at the point of purchase. Urge Shelby and Sessions to support the budget resolution Alcohol Server ID amendment and become co-sponsors of the Marketplace Fairness Act so that 2013 is the year all retailers are treated equally when it Alcohol License Fees comes to sales tax collection. Draft Beer Definition LABOR AND EMPLOYMENT Sequestration Senate OKs Making Right-to-Work Part of Constitution Previous Issues After slightly more than two hours of debate spanning two legislative days, the Alabama Senate on Thursday approved SB 41 by Sen. Gerald Dial, R-Lineville, which would allow voters to decide if Alabama's "right to work" policy should be part of the Alabama Constitution. The bill now awaits consideration by the House Commerce and Small Business Committee. Should the bill become file:///F:/USERS/Alison/Capitol Retail Report/2013/Week Five (March 8)/20130308CRR-Web.html 1/8 12/9/13 Capitol Retail Report law, Alabama voters would decide in the next statewide general House election whether to put the weight of the state constitution behind current policy that Alabamians have the right to work without their HB 150 membership or nonmembership in a labor union being a condition of HB 245 employment. HB 357 HB 376 HB 408 FIREARMS HB 418 HB 422 Senate Panel OKs Sweeping Gun Legislation HB 423 HB 426 On a 7-1 vote Tuesday, the Senate Judiciary Committee approved SB HB 429 286 by Sen. Scott Beason, R-Gardendale, the latest version of his far- HB 430 ranging firearms legislation. Beason's legislation is backed by the National Rifle Association and opposed by the Alabama Sheriffs' Senate Association, District Attorneys Association and the Association of Chiefs of Police. SB 41 SB 115 Under the bill: SB 165 SB 226 employers can forbid employees to carry firearms while SB 261 working, either on or off the employer's property SB 269 employers are banned from having policies that keep lawful SB 270 gun owners from storing firearms in their parked vehicles on SB 286 workplace property as long as the firearm stays locked out of sight in their vehicle in the parking lot. It even forbids an Federal employer from asking an employee if he/she has a firearm storied in their vehicle. S. 336 carrying a visible, holstered firearm in public by itself does not S. 399 constitute disorderly conduct. H.R. 684 no pistol permit is required to carry a gun on your land, in your H.R. 903 home or in a private vehicle. H.R. 933 Sheriffs must issue or deny carrying permits within 30 days of application and receipt of fees and provide those denied a carrying permit with written reasons for the denial. Allows a pistol permit applicant to decide if he/she wants the permit to carry a concealed pistol to be good for one to five years. E-fairness proponents authorizes someone licensed to carry a handgun in another hope 2013 Marketplace state to carry a handgun in Alabama. Fairness Act will collect billions in unpaid online Thursday, Rep. Craig Ford, D-Gadsden, introduced the companion taxes bill, HB 430. It has been assigned to the House Commerce and Small Business Committee. The Marketplace Fairness Act will protect free enterprise PHARMACY Fight about collecting Retail Amendment Added to Senate online sales tax gets Version of Prescription Database Bill personal Senate and House versions of legislation related to the Controlled What is the Marketplace Substances Prescription Database now contain an Alabama Retail Fairness Act of 2013? requested amendment that retains current law, which states Right-to-work bill passes pharmacists are not obligated to check the database every time they Senate 21-10 fill a prescription for controlled substances. No state mandates that pharmacists consult the database before dispensing drugs. Senate votes to add right- to-work law to constitution The Senate Judiciary Committee on Wednesday unanimously approved the amended version of SB 115 by Sen. Cam Ward, R- Alabama sheriffs, police Alabaster, which restored language to protect pharmacists from file:///F:/USERS/Alison/Capitol Retail Report/2013/Week Five (March 8)/20130308CRR-Web.html 2/8 12/9/13 Capitol Retail Report liability. The amendment is identical to one the House Health chiefs and DAs: Legislation Committee added Feb. 14 to the House companion, HB 150 by Rep. to widen conceal-carry Jim McClendon, R-Springville. rights bad for public safety The legislation changes the makeup of the Controlled Substances Gun bill reworked; Prescription Database Advisory Committee, allows for committee Limestone County sheriff teleconferencing and video conferencing and tweaks who has access says it’s not enough to the database. It also adds the method of payment and the third-party payer identification to the information included in the database. U.S. House votes to avert shutdown as Obama looks Both bills now are ready for consideration by their respective for big deal chambers. U.S. House passes bill to avert government TAXES shutdown in March Retailers face May Bill Limiting Occupational Taxes deadline on swipe fee Headed for Full Senate settlement The Senate Governmental Affairs Committee on Tuesday Birmingham’s Lexco looks unanimously approved SB 226 by Sen. Dick Brewbaker, R- to get boost from $7B Montgomery, which specifies that only the Alabama Legislature can swipe fee settlement levy occupational taxes in Huntsville, Montgomery, Gadsden, Tuscaloosa, Anniston, Bessemer, Decatur, Dothan, Florence, Phoenix Federal Reserve lauds its City, Prichard and Selma. Right now, the city councils in those cities current debit card swipe could levy an occupational tax without having to introduce a local bill in fee rules, but merchants the Legislature, Brewbaker told the committee. To become effective call it price fixing under SB 226, an occupational tax in these mid-to-large-size cities would have to receive approval of both chambers of the Alabama State health officer: Legislature and be signed into law by the governor. Existing Alabama will have ‘a occupation taxes would be allowed to stand under the bill. different Medicaid program in 2014’ According to a survey by the Alabama League of Municipalities, 25 municipalities now have occupational taxes, ranging from .5 percent to With or without Medicaid 2 percent, including Gadsden with a 2 percent tax and Bessemer with expansion, system faces 1 percent. Companion legislation, HB 245 by Rep. Greg Wren, R- strain Montgomery, awaits consideration by the House County and Municipal Government Committee. Economists: Expand Medicaid or miss out Bill Would Create Factor Presence Nexus Standard Medicaid expansion could bring 12,000 jobs to Rep. Rod Scott, D-Fairfield, this week introduced legislation to Alabama, new study says establish a factor presence nexus standard for business activity for Study: Medicaid expansion income tax purposes. Under HB 429, out-of-state businesses doing could be financial windfall business in Alabama would be considered to have "substantial nexus" for Alabama and subject to Alabama income tax, if their business activity in Alabama surpassed any of the following thresholds: Proposed state General Fund budget includes $48 $50,000 of property. million in uncertain $50,000 of payroll. tobacco money $500,000 of sales. 25 percent of total property, total payroll and total sales. Senate committee approves General Fund The bill has been assigned to the House Ways and Means Education budget bill with no state Committee. employee raises Raises not likely for WEIGHTS AND MEASURES Alabama's non-education workers Panels Approve Bills that Would Collect Bill to build resort on file:///F:/USERS/Alison/Capitol Retail Report/2013/Week Five (March 8)/20130308CRR-Web.html 3/8 12/9/13 Capitol Retail Report Weights Inspection Reports in Database Alabama coast passes to Senate Agriculture committees in both chambers approved legislation Wednesday that would shift inspections of weighing and measuring Want that beer to go? devices in Alabama from state Agriculture Department inspectors to Huntsville considering two registered service agents who would submit inspection reports to a downtown entertainment central database accessible to the department. SB 261 by Sen. Billy districts with relaxed Beasley, D-Clayton, and HB 357 by Rep. Paul Lee, R-Dothan, would alcohol rules govern the inspection process for weights and measures for grocery stores, drug stores, filling stations, pawnshops, farms and even coal Mississippi passes operations, Agriculture Commissioner John McMillan (pictured) told homebrewing law, meaning Alabama may legislators.