Alabama legislators may soon consider a number of bills that opponents say would make alcohol more available and more potent and potentially make every county in the state “wet.”
Proposed legislation includes bills that would reduce the number of dry municipalities in Alabama, expand the sale of alcohol to seven days in some areas, allow the purchase of wine through the Internet, and increase alcohol content of beer and wine.
During the current legislative session, which began Feb. 3, lawmakers are expected to entertain almost 20 bills related to the sale or possession of alcohol, along with crimes committed as a result of its use.
Because measures can be introduced up to five days before the end of the session, which could last until mid-May, Alabama Citizens Action Program (ALCAP) Executive Director Joe Godfrey said even more alcohol-related bills are possible.
“There is a constant push by alcohol manufacturers to increase the amount of alcohol in each container, to increase its availability by putting it in every municipality and county, and they want to increase the number of days and hours it is available,” Godfrey said.
As evidence of this, Godfrey cited Senate Bill 272 (SB 272). Sponsored by Sen. Bobby Singleton, D-Greensboro, the bill would allow Sunday sales of alcoholic beverages in municipalities with a population from 12,000 to 99,999 where sales already are allowed the other six days of the week.
He said ALCAP also opposes House Bill 175 (HB 175), sponsored by Rep. Jimmy Martin, D-Clanton. That bill would allow municipalities that have a population of 500 or more and are located in “dry” counties to hold a wet/dry referendum. Godfrey said a municipal population of 7,000 or more is currently required for such an option.
“If this bill passes, it could potentially put an end to dry counties in Alabama,” he said.
But Godfrey is not alone in his desire to see alcohol-related bills defeated. One of the state Senate’s most conservative members also expressed concern about bills that he said will make alcoholic beverages stronger, plus more accessible to minors.
State Sen. Hank Erwin, R-Montevallo, said he is especially concerned about SB 132, which he referred to as the “skull-busters bill.” Sponsored by Singleton, the bill would further define the term “beer” for Alabama Alcoholic Beverage Control (ABC) Board licensing purposes to include malt beverages with a higher alcohol content than currently allowed under state law.
A similar bill, HB 373, is being presented in the House by Rep. Thomas Jackson, D-Thomasville.
“One beer (like that) can put you out there quick. If you drink three of these higher content beverages, it will really be dangerous. Once you start drinking that stuff, it will put you out very quickly,” Erwin said.
A member of Lakeside Baptist Church, Birmingham, in Birmingham Baptist Association, Erwin predicted that teens would use the higher content of alcohol to become intoxicated quicker.
“That is especially one we will have to go to war over,” he said.
Erwin dismissed claims by the bill’s supporters that other states allow the sale of beer with higher alcohol content, so denying adults the right to purchase it in Alabama is a violation of rights.
“We have a binge drinking epidemic in America, with kids drinking and ruining their lives. And this is a poor excuse to say adults have rights when we ought to be exercising restraint,” he said.
In addition, SB 158 — which promotes stronger alcohol content in beer and also has the sponsorship of Singleton — would allow fortified wine to be sold by any ABC licensee. Similar legislation, HB 254, is sponsored by Rep. Johnny Morrow, D-Red Bay.
Erwin pointed as well to SB 127, sponsored as well by Singleton. That bill would provide for direct shipment of certain quantities of wine to Alabama residents over age 21. HB 257, sponsored by Morrow, proposes similar legislation.
Morrow, a member of First Baptist Church, Red Bay, in Franklin Baptist Association, defended the bill, saying it only allows adults the right to purchase a product that is already legal.
Morrow, who is chairman of the House tourism and travel committee, said he’s concerned that current Alabama law limits tourism dollars by preventing visitors from having wine shipped to them while they are in the state.
A resident of a dry county, Morrow said the current legislation prevents Alabamians not only from ordering wine through the Internet, but also from having it shipped to them when they visit other parts of the country.
“I’m not agreeing or disagreeing with the sale of alcohol. I’m only supporting the rights of those who want to purchase it. The reason we have these things is because there’s a demand for it,” Morrow said.
However, Erwin warns that the legislation would allow abuse by minors who could have it delivered to their homes.
“When you order wine and alcohol that is sent to your house, teenagers can figure out a way to order it for their parties,” Erwin said.
Other alcohol-related bills planned for this year’s legislative session are:
- HB 448, sponsored by Rep. Greg Canfield, R-Vestavia Hills, and SB 263, sponsored by Sen. Steve French, R-Mountain Brook. These would increase the percentage of alcohol in table wines from 14.9 to 16.5 percent.
- SB 34, sponsored by Erwin. It would define the term “keg” for ABC regulatory purposes. Plus, it would require that kegs be identified by number and be registered to the buyer or leaser of the keg.
Bills are also planned that would increase criminal liability for possession of alcohol and offenses committed under the influence of alcohol.
Erwin is sponsoring SB 38, which would provide a minimum sentence of 10 years imprisonment for anyone convicted of criminal negligence resulting from operating a motor vehicle while under the influence of alcohol.
Additionally, Erwin is sponsoring SB 336, calling for a charge of first-degree assault for an individual who operates a vehicle while under the influence of alcohol or drugs, causing serious physical injury to another person. Rep. Barry Mask, R-Wetumpka, is sponsoring a similar bill, HB 389.
Other proposed legislation includes:
- SB 36, sponsored by Erwin. It would allow the crime of unlawful possession of alcohol to be established without the use of a liquid machine or other alcohol vaporizing device.
- SB 141, sponsored by Sen. Wendell Mitchell, D-Luverne. This bill stipulates that anyone operating a vehicle while under the influence of alcohol or drugs, causing the death of another individual, to be charged with criminal negligent homicide.
- HB 291, sponsored by Rep. Steve Hurst, D-Munford. Under existing law, the driver’s license of an individual convicted of a drug-related offense is required to be suspended for six months by the Department of Public Safety. This legislation would allow the time a person is in an in-patient drug or alcohol rehabilitation facility — whether treatment is voluntary or court-ordered — to go toward satisfying that time of suspension.
- HB 260, sponsored by Rep. Marc Keahey, D-Grove Hill. This measure would amend the penalties for driving under the influence. It would mandate that any previous conviction, regardless of date and state in which it occurred, be counted as a prior offense for sentencing purposes.
- SB 10, sponsored by Sen. Rusty Glover, R-Semmes. It would double the minimum sentence for any person convicted of DUI, who at the time of the offense had a blood alcohol level of 0.15 percent or greater. This stipulation would satisfy one of the criteria for federal grant eligibility under the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users” program.
- SB 277, sponsored by Sen. Quinton Ross, D-Montgomery. This measure would require, under certain conditions, that a person convicted of DUI to have an ignition interlock device installed and operating in any motor vehicle he might drive. (The device would be installed on the vehicle dashboard. The driver must breathe into the apparatus prior to turning the vehicle’s ignition. The auto will not start if the breath analysis exceeds a certain blood alcohol concentration.) The amount of time the offender must have such a device would increase, based on subsequent convictions. This bill would also require an ignition interlock to be installed as a condition for bail after an arrest for a second or subsequent DUI violation.
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