Alabama Legislature closer to tougher gift ban

Published: Tuesday, December 14, 2010, 5:30 AM

MONTGOMERY -- The Alabama Legislature is getting close to putting new limits on what can be spent wining and dining public officials.

? The House Ethics Committee on Monday approved a bill that would prohibit lobbyists from buying a legislator even a cup of coffee. But the bill still would allow the associations and businesses that employ lobbyists to entertain public officials at receptions and out-of-town conferences.

? Ethics Committee Chairman Rep. Jim McClendon, R-Springville, said that, if lobbyists want to talk to lawmakers about bills, they'll have to talk in the legislators' offices instead of buying them dinner.

? "We're not going to be out at the Vintage Year or any of these high-priced restaurants," McClendon said.

? House and Senate committees on Monday approved the gift ban and six other ethics bills backed by Gov. Bob Riley, putting the proposals in line potentially to win final approval as soon as today.

? The House Ethics Committee approved the new version of the gift ban bill after Riley criticized a Senate-passed bill that did not include restrictions on spending by lobbyists' employers.

? The amended bill would prohibit a lobbyist from spending anything on a public official. However, the bill carves out exemptions that can be used by groups that employ lobbyists. Under the bill, non-lobbyists, businesses, associations and other groups still could invite public officials to:

? Widely attended events such as receptions to which every member of the Alabama Legislature has been invited and for which notice has been filed with the Ethics Commission at least seven days in advance.

? Educational conferences built around a formal program or agenda.

? Meals that cost $50 or less, with no more than $100 being spent on a public official in any one year.

? The bill also would allow gifts from friends under "circumstances which make it clear that the gift is motivated by friendship and not given because of the recipient's official position."

? Riley praised the House committee's version of the bill as tougher than the version passed by the Senate, which wouldn't have capped spending by lobbyists' employers.

? "The bill adopted by the committee restores integrity to the lobbyist reform proposal and to the anti-corruption package as a whole. I urge the members of the House of Representatives to pass the bill so the Senate may quickly concur," Riley said.

? Sen. Bryan Taylor, R-Prattville, said the exemptions were designed to encompass legitimate events.

? "These provisions will give Alabama the strongest ethics code in the country," Taylor said.

? The House Ethics Committee also approved a bill that would stop the Alabama Education Association and other groups from collecting dues by payroll deductions. And it approved bills that would give subpoena power to the state Ethics Commission and prohibit a legislator from holding another government job. The dual employment bill exempts competitively bid contracts.

? A Senate review committee passed three other bills from Riley's ethics package Monday. Versions of the bills passed the House last week. The bills would:

? Ban transfers of money between PACs and other groups. Such transfers can hide a candidate's true source of campaign money.

? The committee expanded the House-passed version of the bill, which banned only PAC-to-PAC transfers. The committee rewrote the bill to ban transfers of money from PACs, 527 groups or private foundations to other PACs, 527 groups or private foundations.

? A tax-exempt 527 group can raise and spend money for political activities, including ads that attack or praise a candidate's positions but do not explicitly ask people to vote for or against the candidate.

? Sen. Hank Sanders, D-Selma, who sponsored the rewrite, said, ''527s have been a powerful force in politics, and money ought not to be transferred from them to a PAC or from a PAC to them."

? Ban ''pass-through pork," state money appropriated to an agency or school but spent at the direction of a lawmaker for a purpose not clearly written in a budget. The committee approved the bill without changing it.

? Require people who attempt to influence the awarding of a grant or contract by the judicial or executive branches of government to register as a lobbyist. Now, people who attempt to influence the Legislature register as lobbyists, but not people who attempt to influence the courts or the executive branch.

? The bill also would require legislators, the governor and other state constitutional officers to attend training programs on the state ethics law provided by the state Ethics Commission.

? Officers originally included in the bill included the lieutenant governor, cabinet members, mayors, city council members and in some cases county commissioners. But the committee rewrote the bill to also require local school board members to attend the training programs.

? The Senate could give final legislative approval to the pass-through pork ban today. But if the other two bills pass the Senate with changes made by the committee, they would go back to the House for review.

? The House could go along with the changes, giving the bills final legislative approval, or disagree and ask the Senate to form a conference committee to draft compromise versions.

David White also contributed to this story.

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New Republican-led Alabama Legislature plans no new taxes or gambling legislation

Published: Monday, November 08, 2010, 5:30 AM

MONTGOMERY -- The new Republican majorities in the Alabama Senate and House of Representatives won't pass any broad tax increases, GOP leaders said.

''That would be the absolute worst thing to do in this economy, to just burden people even more when they're struggling," said state Rep. Mike Hubbard, R-Auburn, the GOP nominee to be the next speaker of the House.

New legislators also won't approve laws to expand gambling in Alabama, Republican leaders said.

''I don't foresee any gambling legislation, lottery or casino, in the next decade," said Sen. Jabo Waggoner, R-Vestavia Hills, the GOP nominee to be the next Senate majority leader.

What the new Legislature will do, top Republicans said, is work hard to pass business-friendly laws to encourage companies, especially small ones, to hire more employees, Sen. Del Marsh, R-Anniston, and others said.

''We've got to create an overall pro-business climate," said Marsh, the nominee of GOP senators to be the next Senate president pro-tem, the top-ranking senator. He said tax incentives would be part of upcoming proposals.

''We've got to get people back to work," Marsh said. ''We've got to make sure we design these packages that are attractive to small businesses, and we're going to do that."

Hubbard and other Republican leaders said the new Legislature also would push to ban transfers of money among political action committees, which can hide a candidate's true source of campaign funds.

Republican lawmakers also sketched other priorities, including ethics laws and bills on illegal immigration and fighting the federal health-care overhaul, in a ''Handshake with Alabama" platform they issued in August, back when Democrats ran the Legislature.

Before Tuesday, Alabama's House had 60 Democrats, 43 Republicans and two vacancies. It now has 62 Republicans and 43 Democrats.

Before Tuesday, Alabama's Senate had 20 Democrats, 14 Republicans and one independent. It now has 22 Republicans, 12 Democrats and one independent.

Newly elected lawmakers took office last week and are scheduled to meet Jan. 11 to formally elect their leaders. The 15-week regular session of the Legislature starts March 1. But the Legislature could meet in the next two months if Gov. Bob Riley were to call a special session on ethics legislation.

Gov.-elect Robert Bentley, a Republican who is to be inaugurated Jan. 17, and top Republican legislators say a huge issue they'll face right off the bat in the regular session is passing balanced budgets for the 2012 fiscal year, which starts Oct. 1.

Among other problems, Alabama's education budget and its operating budget for non-education agencies together will have as much as $895 million in federal stimulus money this year, but could have none in fiscal 2012.

Making up that kind of loss when state tax collections overall have been falling or growing slowly in the aftermath of the Great Recession may not be possible.

Bentley, who will have to propose state budgets for fiscal 2012, said he hopes to negotiate payment from oil giant BP to compensate the state for sales tax and income tax revenue lost because of the Gulf oil spill. Bentley said money from BP could help boost the state's Education Trust Fund and General Fund.

But he said that, even if money from BP comes through, there likely will be cuts in many areas of state spending in fiscal 2012. ''If we don't have the money, we don't have any choice," he said.

A huge influence the switch in party control in the Legislature likely will have is in redistricting, Waggoner and others said. The Legislature is supposed to redraw Alabama's seven congressional districts in time for the 2012 elections and all the legislative districts in time for the 2014 elections.

Redrawing lines to include some areas and exclude others can change party leanings in a district. ''If I were to list the top three reasons to have a Republican majority, redistricting would be pretty close to the top if not on the top," Waggoner said.

'Handshake'

The ''Handshake with Alabama" outlines other GOP priorities that legislators embraced again last week. Among them, Republicans promised to work hard to pass bills to:

*Let state voters rewrite the state constitution to say that individuals, employers and health-care providers in Alabama could opt out of the federal health care law passed by Congress in March.

*Create a new state trespass law that would let law enforcement officers arrest illegal immigrants ''for simply setting foot in Alabama." It could be enforced only if someone first was stopped on suspicion of another crime.

*Expand tax incentives for businesses that hire people who are unemployed.

*Expand tax credits for small businesses that provide health insurance to employees.

*Limit the change in state Education Trust Fund spending for an upcoming year to the average percentage change in revenues over the preceding 15 years. If tax collections exceeded the spending cap, the extra money would go into rainy day reserves.

Advocates say proration, the across-the-board budget cuts imposed when tax collections fall below forecasts, would be much less common under such a law.

*Require the reporting of all spending by lobbyists on legislators and other state officials.

*Give the state Ethics Commission the power to issue subpoenas.

*Ban ''double dipping" by legislators. The platform doesn't define double dipping, but Waggoner predicted Republicans would propose banning legislators from holding other taxpayer-funded jobs, which would force employees of public schools, universities and state agencies to choose between keeping those jobs and serving in the Legislature.

Sen. Scott Beason, R-Gardendale, said voters should hold Republicans accountable. ''If we don't address the issues that we have said we would, then we ought to be fired," Beason said. ''We've got an opportunity to prove to people that we can lead and we can govern."

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Alabama GOP taps leaders for Legislature

Published: Friday, November 05, 2010, 5:30 AM ??? Updated: Friday, November 05, 2010, 6:23 AM

MONTGOMERY -- State Senate and House Republicans did something Thursday they haven't done since just after the Civil War, they picked the two men likely to be the next speaker of the House of Representatives and president pro tem of the Senate.
?
? House Republicans picked 48-year-old Rep. Mike Hubbard of Auburn. Hubbard, a 12-year veteran of the House, is a power within the GOP. For the past six years, he has served as minority leader in the House and for the past three years he has served as state chairman of the Alabama Republican Party.

? Over in the Senate, Republicans chose as the next pro tem 54-year-old Sen. Del Marsh of Anniston. He, too, is a 12-year veteran of the Legislature.

? The full Legislature will vote on the two leadership positions in January. With the GOP now holding large majorities in the House and Senate, both men are expected to get the two key jobs.
?
? The House decision to pick Hubbard came after Gov.-elect Robert Bentley spoke to the 62 Republicans and recommended they choose him as speaker and Rep. Paul DeMarco of Homewood for the No.¤2 spot in the House, speaker pro tem.
?
? DeMarco, like Hubbard, had quietly campaigned for the speaker post for months. Both men met with Bentley at his home Wednesday in an effort to head off what looked like a potentially nasty fight over the speaker position.

? Hubbard has had strong support from the pro-business wing of the GOP, an element that backed Bentley rival Bradley Byrne in the GOP primary. DeMarco, who supported Bentley in the Republican primary, has had the support of House members who generally are seen as more concerned about social issues.

? Bentley told representatives that, while it was their decision who the next speaker would be, he had come to the conclusion that Hubbard was most deserving.

? "Nobody has worked harder than Mike Hubbard to make what happened Tuesday for Republicans a reality. He deserves the chance to be speaker," Bentley said.

? Bentley recommended DeMarco for the pro tem spot, calling him "probably the smartest man in the House."

? However, after the doors were closed and Bentley had gone, the group unanimously voted for Hubbard but decided to wait until they meet again in December to pick a pro tem. Newly elected members said they needed more time to consider the pro tem position.

? DeMarco said little following the meeting. "We go forward and we'll see what happens," he said.

? Asked if he was disappointed that Bentley's recommendation was not followed, DeMarco paused, then said, "There was an anticipation that, yes, we had a deal and one of us would be speaker and the other pro tem."

? Rep. Arthur Payne of Trussville, who supported DeMarco for the top job, was not happy after the meeting.

? "We believed we had a deal that Mike would be speaker and Paul pro tem, but the Steering Committee asked that more time be given, that new members elected Tuesday wanted more time and that's really funny because Rep. DeMarco is a member of the Steering Committee and he knew nothing about any meeting by the committee."

? Hubbard said his top priority as speaker will be ethics reform and legislation that would help businesses put Alabamians back to work and jumpstart the economy.

? Marsh's selection as pro tem gives him the most powerful post in the Senate. Sen. Jabo Waggoner, R-Vestavia Hills, was named as the Senate's new majority leader.

? Marsh also is from the pro-business wing of the party and is beginning his fourth term in the Alabama Legislature.

? "We've got to get people back to work," Marsh said. "We've got to deal with economic development and job creation. That is the No. 1 issue."

? Marsh said ethics reform also is a top priority. "The people are demanding it this time. And we want to address that and are eager to do so," Marsh said.

? Marsh and Sen. Scott Beason, R-Gardendale, both sought the pro tem position.

? "I think Del's seniority, his experience, his activity in the Republican fundraising efforts probably gave him an edge," Waggoner said. "Scott Beason was an excellent candidate. He will be in a leadership role."

? Marsh also said Beason will serve in a leadership position. Beason said he's slated to become chairman of the Rules Committee, which controls the flow of legislation.

? Marsh and Waggoner said the new House and Senate majorities that won after many Democrats were voted out of office are under intense pressure to prove they can govern differently.

? "If we don't deliver you could see the same thing happen to us in four years that happened to the Democrats this year," Marsh said.

Kim Chandler contributed to this story.

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Gov. Bob Riley mulls special session on ethics reform for new Alabama Legislature

Published: Friday, November 05, 2010, 7:30 AM ??? Updated: Friday, November 05, 2010, 7:57 AM

MONTGOMERY -- With newly minted Republican majorities in the Alabama Legislature, Gov. Bob Riley is considering calling a special session on ethics reform before he leaves office in January, his spokesman said.

? Riley Press Secretary Todd Stacy said the governor has gotten several calls from legislators urging him to call a special session to pass ethics legislation, and he is considering the request.

? "They want to show the people of Alabama they are serious about passing these needed reforms and believe it's best to strike while the iron is hot. The obstacles to reform have been removed from office and now Alabama has its best opportunity ever to pass these reforms," Stacy said.

? Both Riley and Gov.-elect Robert Bentley have talked about a special session on ethics reform. A lame duck governor calling a special session would be unusual, but not unprecedented.

? Passing ethics reform in the final days of the eight-year Riley administration would allow Riley to include the accomplishment as part of his legacy.

? Bentley, who during his campaign said he would call a special session on ethics reform in early 2011, said Thursday he would rather tackle ethics reform after he takes office. But Bentley said he would support Riley if Riley chooses to call his own special session.

? "It is Gov. Riley's prerogative to call it. If he calls it, I will race to the front of the parade to help lead that effort. Ethics reform can't happen fast enough," Bentley said.

? Senate Majority Leader Jabo Waggoner, R-Vestavia Hills, said he has spoken with Riley about the possibility of calling a special session.

? "It is seriously under consideration," Waggoner said.

? Waggoner said he didn't have a preference on when a special session would be called.

? "Whether it's late in the Riley administration or early in the Bentley administration, it will send a strong message that these guys mean business," Waggoner said.

? Sen. Del Marsh, whom Republicans picked Thursday to serve as president pro tempore of the Senate, said he would applaud a quick special session on ethics, "as long as we come in prepared to deal with the issue. ... Bills ready. People understand what we're trying to get accomplished."

? However, Sen. Roger Bedford, D-Russellville, said he thought Riley calling a special session on ethics would be a "slap in the face" to the governor-elect.

? "Gov. Bentley campaigned on ethics reform. I fully expect him to push it, and I hope to support him," Bedford said.

? "I think it's an insult to Bentley for Riley to try to do something like that," Bedford said.

Charles J. Dean contributed to this report.

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Republicans set to take control of Alabama Legislature

Published: Wednesday, November 03, 2010, 6:30 AM

MONTGOMERY -- Republicans on Tuesday appeared to take control of the Alabama Legislature, with top Republicans claiming to have close to 60 seats in the 105-member House of Representatives and about 22 seats in the 35-member Senate.

"We know for certain that we're in the majority," said state Rep. Mike Hubbard, R-Auburn, who also chairs the state Republican Party.

"I think it's exciting," Hubbard said. "I think the people of Alabama have spoken. They wanted change. They were tired of the Democrats with control for 136 years."

Democrats had controlled the state Legislature since 1874.

People elected or re-elected to the Legislature on Tuesday began their new four-year terms today.

The state Republican Party in its Campaign 2010 raised more than $5 million to spend on legislative races to try to win the state House and Senate.

Before Tuesday, the Senate had 20 Democrats, 14 Republicans and one independent. The House had 60 Democrats, 43 Republicans and two vacancies.

Veteran state Sen. Jabo Waggoner, R-Vestavia Hills, predicted Republicans will control at least 22 seats in the Senate.

He said voters all over are tired of Democrats being in control -- in Congress as well as the Alabama Legislature.

"I think a lot of it had to do with the national mood, about Democrats and their desire to grow government and increase spending and increase deficits," Waggoner said. "I think it trickled down from Washington to Montgomery."

Waggoner said many veteran Democratic senators lost Tuesday, including Sen. Zeb Little, D-Cullman, who had been the Senate majority leader.

State Democratic Party executive director Jim Spearman said he thinks Alabama candidates got caught in a national tide of change.

"I think it was a national thing. It's just a change year. Alabama unfortunately is caught up in it," Spearman said. "We'll see how the Republicans perform."

"We put forth a good campaign in the state and we talked about issues," he said. "It's going to have to be issues that the Republicans are going to have to deal with."

Many veteran Democratic House members also lost, including Rep. Ken Guin, D-Carbon Hill, who had been House majority leader and chairman of the agenda-setting House Rules committee, who lost his District 14 re-election bid to Republican Richard Baughn of Lynn.

Guin said Republicans targeted him and spent lots of money to defeat him "because I was the majority leader and the rules chairman. I'm sure I've been a thorn in their side and that's a reason they would want me gone."

Guin said a national frustration with high unemployment and other lingering effects of the great recession also swept through Alabama, and voters took it out on Democrats, who controlled the Legislature.

"People are frustrated in Alabama and nationwide, and when they're frustrated, they just want change," Guin said.

Senate races that looked ripe for Republican takeovers, according to incomplete returns Tuesday night, included:

- District 2: Republican Bill Holtzclaw of Madison led Democratic incumbent Tom Butler of Madison with 62 percent of the vote.

- District 8: Democrat Lowell Barron of Fyffe, the long-time chairman of the agenda-setting Senate Rules Committee, lost to Republican Shadrack McGill of Woodville.

- District 9: Republican Clay Scofield of Guntersville had about 69 percent of the vote against Democrat Tim Mitchell of Guntersville, in a race to replace retiring Democrat Hinton Mitchem.

- District 10: Democratic incumbent Larry Means of Attalla was losing to Republican Phillip Williams Jr. of Rainbow City.

House races that looked promising for possible Republican takeovers, according to incomplete returns Tuesday night, included:

- District 7: Republican Ken Johnson of Moulton led a close race against Democratic incumbent Jody Letson of Hillsboro.

- District 22: Republican Wayne Johnson of Huntsville had about 64 percent of the vote in a race with Democratic incumbent Butch Taylor of New Hope.

- District 26: Republican Kerry Rich of Boaz had about 60 percent of the vote in a race with Democrat Randall White of Boaz to replace retiring Democrat Frank McDaniel.

- District 81: Republican Mark Tuggle of Alexander City had about 64 percent of the vote in a race with Democratic incumbent Betty Carol Graham of Alexander City.

- District 91: Republican Barry Moore of Enterprise led Democratic incumbent Terry Spicer of Elba with about 66 percent of the vote.

- District 92: Republican Michael Jones Jr. of Andalusia, with about 52 percent of the vote, led Democrat David Darby of Andalusia, who had about 24 percent, and independent Don Cotton of Andalusia, who had about 24 percent, to replace retiring Democratic House Speaker Seth Hammett of Andalusia.

Auburn University at Montgomery political scientist Brad Moody said Alabama was late in joining other Southeastern states in having at least one chamber of the Legislature controlled by Republicans.

"It's a big deal. The Alabama Legislature just has been one of the last to switch from being Democratic controlled to Republican controlled," Moody said.

"They're going to discover it's a lot harder to govern than to be in opposition," he said.

Said Waggoner: "We've got a huge responsibility to prove to the people of this state that we're going to be different and operate the legislative branch differently than they (voters) have experienced in the last 136 years."

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