With standing room only, a diverse group of people attended the committee meeting to see what would happen after Brewbaker announced last week that some kind of action would be taken this week.  Most of the proponents of the legislation were members of the Tea Party, while the opponents consisted of State School Board members Tracy Roberts and Mary Scott Hunter, State Superintendent of Education Tommy Bice, along with representatives from the School Superintendents Association, School Board Association and the A+ Education Partnership.  The BCA and other business interests, including representatives from Boeing and the Alabama Technology Network, also attended in opposition to the bill.

Brewbaker, the committee chairman, offered an amendment at the beginning of the meeting that would remove the legislative oversight portion of the bill saying, "I'm not anxious to get into the oversight portion and I haven't spoken to many other senators who are either."

After the committee adopted the amendment, Sen. Bill Holtzclaw, R-Madison, offered a substitute that essentially said the State Board of Education could not cede control of Alabama's curriculum to any entity outside of Alabama and that the data-sharing portion of the bill would be protected but could only be used for legitimate education purposes.  When it comes to adopting new standards in the future, which is common practice, Holtzclaw's bill would have required a public hearing on new standards to be held in each State School Board district.

Brewbaker then made a motion to table the Holtzclaw substitute, which subsequently failed.  Committee members voting for the substitute were: Sen. Bill Holtzclaw, R-Madison; Sen. Trip Pittman, R-Montrose; Sen. Quinton Ross, D-Montgomery; Sen. Vivian Figures, D-Mobile; and Sen. Hank Sanders, D-Selma.  Committee members who voted to table the substitute were Sen. Dick Brewbaker, R-Pike Road; Sen. Del Marsh, R-Anniston; Sen. Gerald Allen, R-Cottondale; and Sen. Shadrack McGill, R-Woodville.

Brewbaker, realizing the substitute that was adopted did not accomplish the original intent of repealing the common core, asked that the bill be carried over indefinitely, essentially killing the legislation.

"I think this issue will be back," said Holtzclaw after the committee agreed to carry over the bill.  "I definitely think it will be back," responded Brewbaker.  "If you want to introduce a bill that does what your sub did, we'll be happy to take it back up in this committee."

There was a clear disappointment in the room from Brewbaker and the Tea Party contingent, who have so far been the only group to rally to his side on this issue.

"The Alabama College and Career Ready Standards are vital in preparing students to compete in the 21st century global workforce which requires highly skilled workers," said BCA President and CEO William J. Canary last week.  "Adoption of SB 190 and HB 254 would be a giant step backward, based on a false premise that Alabama and local school systems would lose control over their curriculum.  While some will continue a campaign of fear on this issue, we will continue to stand united in the business, education and military communities in offering our children the hope of a bright future."

The BCA will continue to monitor any potential legislation that would lower Alabama's high academic standards, and we will continue to work with the Legislature and State School Board when it comes to the data sharing concerns that have been raised during this debate.

SENATOR SAYS OMNIBUS GUN BILL WON'T PASS IN ITS CURRENT FORM

Rep. Paul DeMarco, R-Homewood, and Sen. Cam Ward, R-Alabaster, chairmen of the respective Judiciary Committees, discussed several bills in the current 2013 legislative session that are of interest to the BCA.

The omnibus gun bill, SB 286 by Sen. Scott Beason, R-Gardendale, incorporates numerous provisions.

As written the bill would prohibit business owners from telling employees they cannot bring firearms to work even in their private vehicles in the company parking lot.  Because of that provision, the BCA opposes the bill in its current form.

The BCA opposes SB 286 in part because it infringes on the constitutional private property rights of business owners to determine what can be brought onto private property. "We do not have a Second Amendment problem, this is a solution seeking a problem," said BCA President and CEO William J. Canary.

Ward said the bill has too many operating parts that probably dooms it from successfully navigating the legislative process and becoming law.

"Three things I know to be true, the sun will rise in the morning, the sun will set in the afternoon, and that bill will never make it in its current form out of the Legislature," Ward said.

"There is the question with regards to liability for companies that has to be addressed in that bill."

The bill is on the Senate calendar. "Unless they can get it revised before it comes up for a vote in the Senate, I don't see it passing," Ward said.

The BCA supports civil liability immunity, an opt-in, opt-out provision for businesses and across-the-board application. House Minority Leader Craig Ford, D-Gadsden, on last Thursday introduced the same bill in the House. It was assigned as HB 430.

Ward also addressed SB 238, the so-called Airbus bill, that would limit the legal liability of large aircraft manufacturers locating in Alabama to 12 years after acceptance of a new airplane and impose a two-year statute of limitations for lawsuits. It passed the House on Thursday by a vote of 102-0. Because the House added a technical amendment, the bill goes back to the Senate for consideration. SB 238 is sponsored by Sen. Vivian Davis Figures, D-Mobile, and Sen. Ward.  

Airbus is a subsidiary of EADS, a European aerospace company. Airbus last year announced plans to build a $600-million, multiple-model aircraft assembly plant in Mobile that will employ 1,000 workers at full capacity.  

Ward said under current Alabama law, an airplane made in the state could crash in 30 years and the Alabama-based manufacturer would still be legally liable for the product. The legislation would offer Airbus the same legal climate as Boeing has in Washington State, Ward said, and the bill "makes sure our legal climate is the same as those we're competing against" such as Florida and Mississippi.

"We're not giving them any unfair advantage," Ward said. "We're going to be as competitive on the legal stage as the economic incentive stage."

The BCA supports the legislation.

DeMarco said it's important for current and new businesses to enjoy predictability in the state's judicial system, "a predictability that you will be treated fairly if you come to the state."

"It incentivizes existing businesses to stay put and it might invite other businesses to come to our state because they know they will get a fair shake," DeMarco said. "So it's not just about the economic incentives we put out there but it's about making sure when folks look at our judicial system that it's a fair and balanced system."

DeMarco said Alabama is ahead of the curve in addressing legal liability for industrial prospects. "The reason we have been able to address this issue is we have had leadership in the business community and the public leadership of elected officials who said we're going to make sure Alabama is in a higher tier when it comes to making sure that we are open for business," he said.

The Senate Fiscal Responsibility and Accountability committee gave a favorable report to SB 223, by Sen. Bryan Taylor, R-Prattville, on a vote of 4-0. Two weeks ago, a public hearing was held on the bill, and Wednesday's meeting was the first opportunity for the committee to take a vote. The bill provides for an independent Alabama tax appeals commission, separate from the Alabama Department of Revenue, and it updates and conforms to federal law several provisions of Alabama Taxpayers' Bill of Rights (TBOR II) to promote tax fairness and compliance.

The companion bill, HB 264, by Rep. Paul DeMarco, R-Homewood, remains on the House regular calendar, in position to be listed on a special order calendar and taken up by the full House.  

The BCA and several other business and trade associations under the Business Associations Tax Coalition (BATC) support this legislation.