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Prepared by Miller Development Group for ARA/AHA
Unfair Smoking Bill Could Pass This Week/Call Your Representatives Today
Cameras rolled as ARA/AHA lobbyist, along with a well known member of ARA, testified at a public hearing held on Thursday morning rising to oppose the Ban on Smoking in restaurants only. The bill exempts bars where food is not “primarily” sold.
Johnny Sullivan, who operates several restaurants in the Montgomery and surrounding areas, spoke of the unfairness of this bill and how those who want to smoke will simply shift to a smoking location and eat there.
ARA/AHA lobbyists echoed the concern and called for bars that allow smoking to be precluded from selling food. Several key comments are mentioned in the article below.
Spokespersons for the bill included the highly respected State Health Officer and minister lobbyists for the Baptist Convention. Despite the effort, the House Government Operations committee gave a favorable report to SB541, sponsored by Sen. Vivian Figures, D- Mobile.
The American Cancer Society has also voiced opposition to the bill. Ginny Campbell, lobbyist for ACS, said that the bill really doesn’t do anything. The ACS would like to see the ban broadened when the bill is before the full house.
The bill received a second reading and is now eligible for final passage.
Call to Action!!!
Call members of the House of Representatives today to voice opposition to this legislation.
Members of the rules committee are:
Ken Guin, Carbon Hill
James Buskey, Mobile
Ron Johnson, Sylacauga
Barbara Boyd, Anniston
Craig Ford, Gadsden
Blaine Galliher, Gadsden
Todd Greeson, Idler
Randy Hinshaw, Meridianville
Richard Laird, Roanoke
Jack Page, Gadsden
Arthur Payne, Trussville
John Robinson, Scottsboro
Rod Scott, Fairfield
Cam Ward, Alabaster
Pebblin Warren, Tuskegee
Sen. Vivian Figures' smoking ban nears final passage
By George Altman
April 15, 2010, 8:50AM
Reprinted from the Mobile Press-Register
MONTGOMERY -- A bill to ban smoking in restaurants, but not bars, neared final passage Wednesday, sailing through a House committee on a voice vote and avoiding an amendment that the sponsor said could have doomed its chances of becoming law.
The bill by Sen. Vivian Davis Figures, D-Mobile, has already passed the Senate and can now go before the full House. If approved there, it would need only the signature of Gov. Bob Riley.
The measure is more modest than some of Figures' past proposed bans, which would have barred smoking in restaurants, bars and most other public places.
"The support clearly was not there in both houses to pass a comprehensive bill," Figures told the House Government Operations Committee. "I decided to just sort of chip away at the block a little bit at a time."
The bill bans smoking in any restaurant that derives most of its revenue from food, rather than alcohol, sales.
Restaurant industry representatives and some members of the committee said that in the interest of economic fairness and health concerns, bars should also be included in the ban.
"It's inherently unfair, because it just shifts those smokers to another area, where there's more alcohol than food," said Deborah Miller, a lobbyist for the Alabama Restaurant Association. "With the economic times, we just want a level playing field in the restaurant industry."
Miller said she would favor the bill if it were amended so that a bar serving any food could not allow smoking. Committee members discussed making such a change but decided against it, with Figures warning that the full House would again fail to pass such a wide-ranging smoking ban.
Ginny Campbell, government relations director for the American Cancer Society, said Figures' current bill "really does not do anything" and she will lobby lawmakers to broaden the ban when the bill is before the full House.
"The tobacco lobbyists control the legislators, and it's just a shame," Campbell said.
Still, she said lawmakers should work for a more comprehensive smoking ban to protect the health of bar and restaurant employees.
Dr. Don Williamson, leader of the Alabama Department of Public Health, echoed concerns about worker health, but spoke in favor of the bill.
"I would encourage you to make everything nonsmoking," Williamson said. "Recognizing, however, that politics is the art of the possible, take whatever bite you can take of this apple."
Even with the bill's narrow scope, passage into law is far from guaranteed.
Only two working days remain in the 2010 legislative session, and a Figures-sponsored smoking ban in the same position two years ago died when the House failed to consider it before adjourning for the year.
Asked if she has enough votes to pass the bill through the full House, Figures said: "I am praying that I do."
Seafood Labeling Bill Gets Dirty/Contact members of the House Rules Today
The Seafood labeling bill passed the Senate on Thursday which allows the bill enough time to become law if members do not act immediately.
To stop this legislation enough of the Rules Committee of the Alabama House must vote NO to keep the bill from coming up for a full House vote. Call and write these members this week to stop this bill. They are:
Ken Guin, Carbon Hill
James Buskey, Mobile
Ron Johnson, Sylacauga
Barbara Boyd, Anniston
Craig Ford, GAdsden
Blaine Galliher, Gadsden
Todd Greeson, Idler
Randy Hinshaw, Meridianville
Richard Laird, Roanoke
Jack Page, Gadsden
Arthur Payne, Trussville
John Robinson, Scottsboro
Rod Scott, Fairfield
Cam Ward, Alabaster
Pebblin Warren, Tuskegee
The bill became quite controversial and personal as it was debated in the Senate this week. SB284, sponsored by Sen. Jim Preuitt, D-Talladega, passed the Senate on Thursday, but not without a fight. Sen. Paul Sanford objected to the transmittal of the bill several times after its passage which would effectively killed the bill.
This caused an unprecedented amount of rage by the seafood lobbyists. He quickly initiated help from the House and Senate sponsor.
Senator Larry Means motion to allow for transmittal just before adjournment breathed new life into the legislation.
The bill is expected to soar out of the Agriculture Committee. The only hope of stopping the legislation is to ask Rules Committee members to keep the bill off of the Special Order Calendar.
Bingo Bill One Step from Becoming Law
SB380, sponsored by Sen. Roger Bedford, D-Russellville, moved closer to passing in the state legislature on Tuesday. The House Tourism and Travel committee approved the bill to regulate, tax and legalize electronic bingo games in the state. This vote moves the bill to the full house for consideration making it one step from becoming law.
If the house passes the bill, the proposal will go to Alabama voters for a statewide referendum in November. The House bill sponsor, Rep. Marcel Black, says he is about 5 votes short of the 63 votes needed for passage.
Higher Alcohol Content Bill Postured For Passage
SB98, sponsored Sen. Roger Bedford, D-Russellville, received final passage on Thursday by a vote of 64-21.
The bill would allow for higher alcohol content beer to be sold by a retail beer licensee for off-premise consumption and allows fortified wine to be sold by any licensee of the Alcoholic Beverage Control Board. The bill also calls for a state tax on fortified wine that would be equivalent to the state liquor tax that is currently levied on sales of fortified wine.
Senate Passes Brewpub Bill
The brewpub bill, SB328, sponsored by Sen. Bobby Singleton, D-Greensboro, received a favorable recommendation from the House Tourism and Travel committee this week. The bill is now eligible for final passage. ARA/AHA supports this legislation.
As reported last week, the bill would eliminate the distinction between beer manufacturers and brewpubs, permitting any beer manufacturer located in Alabama to sell alcohol on-premises.
ARA/AHA Entertainment District Bill One Step Closer to Becoming Law
SB518, sponsored by Sen. Quinton Ross, D-Montgomery, got the green light from the House Tourism and Travel committee on Wednesday.
This bill would allow for the creation of entertainment districts within a city with a population of 100,000 or more. A detailed report of the legislation was given in last week’s report.
HOW TO IDENTIFY YOUR LEGISLATOR
http://www.legislature.state.al.us/house/house_zipsearch.html
http://www.legislature.state.al.us./misc/zipsearch.html
HOW TO CONTACT YOUR LEGISLATOR
http://www.legislature.state.al.us./house/representatives/houseroster_alpha.html
Telephone: 334-242-7600
http://www.legislature.state.al.us./senate/senators/senateroster_alpha.html
Telephone: 334-242-7800
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