>>DON: GOOD EVENING.

FROM OUR STATEHOUSE STUDIO IN MONTGOMERY, I'M DON DAILEY.

THANKS FOR JOINING US.

TOPPING OUR BROADCAST TONIGHT, IT WAS A VERY BUSY DAY IN LEGISLATIVE COMMITTEES, WITH ONE CLOSELY-WATCHED BILL ADVANCING AND ANOTHER DEFEATED.

THE SENATE HEALTH COMMITTEE TODAY APPROVED LEGISLATION THAT WOULD DO AWAY WITH THE STATE HEALTH OFFICER AND CREATE A NEW CABINET-LEVEL HEALTH SECRETARY.

IT'S LEGISLATION SPONSORED BY SENATOR JIM MCCLENDON OF SPRINGVILLE, WHO DEBATED THE BILL TODAY WITH, AMONG OTHERS, TWO PHYSICIANS ON THE COMMITTEE, SENATORS TIM MELSON OF FLORENCE AND LARRY STUTTS OF SHEFFIELD.

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>> TO BE ACCOUNTABLE TO THE GOVERNOR AND THAT PERSON, WHEN THE GOVERNOR SELECTS THAT PERSON, IT COMES THROUGH THE SENATE FOR ADVISING CONSENT OF THE SENATE JUST LIKE IT DOES FOR MAJOR APPOINTMENTS.

>> I WANT TO MAKE DECISIONS NOT INFLUENCED BY HIS OTHER CABINET MEMBERS.

I WOULD RATHER HAVE IT BY OTHER DOCTORS.

>> THE TAIL END OF THE PANDEMIC I DON'T THINK IS THE TIME TO DO A TOTAL OVERHAUL OF THE DEPARTMENT OF PUBLIC HEALTH.

AND SPECIFICALLY, IT'S RELATED TO DOCTOR HARRIS.

HE AND I MAY NOT HAVE AGREED ON EVERYTHING THAT HE HAS DONE, BUT I CERTAINLY RESPECT, NUMBER ONE, HIS QUALIFICATIONS, OBJECTIVITY.

>> DON: IN BRINGING HIS LEGISLATION, SENATOR JIM MCCLENDON SAID IT WAS NOTHING PERSONAL AGAINST CURRENT STATE HEALTH OFFICER DR. SCOTT HARRIS, THAT HE JUST WANTS TO MAKE WHOEVER HOLDS THE NEW JOB PROPOSED UNDER HIS BILL MORE ACCOUNTABLE TO STATE GOVERNMENT.

IT NOW HEADS TO THE SENATE FLOOR.

THE LEGISLATION TO DO AWAY WITH THE STATE HEALTH OFFICER COMES AS DR. HARRIS AND GOVERNOR KAY IVEY ARE SET TO ANNOUNCE TOMORROW WHETHER THE CURRENT ALABAMA MASK MANDATE WILL BE EXTENDED FOR A SIXTH TIME.

IVEY HASN'T INDICATED IN ADVANCE WHAT SHE HAS DECIDED, BUT SHE DID SAY LAST WEEK THAT SHE HOPED TO LIFT THE MASK ORDER BEFORE TOO LONG.

DR. HARRIS HAS SAID THAT HE HOPES THE GOVERNOR WILL EXTEND THE ORDER.

LIEUTENANT GOVERNOR WILL AINSWORTH TODAY ISSUED A STATEMENT CALLING ON IVEY TO FOLLOW THE LEAD OF OTHER STATES AND RESCIND THE MASK MANDATE, NOTING THE DECLINE IN ALABAMA CORONAVIRUS CASES.

AINSWORTH CALLED IT A BIG BROTHER-TYPE MANDATE.

THE HOUSE JUDICIARY COMMITTEE TODAY REJECTED A PROPOSED BILL THAT WOULD AMEND THE MEMORIAL PRESERVATION ACT AND ALLOW CITIES AND COUNTIES TO REMOVE MONUMENT AND MARKERS WITHOUT FEAR OF HEAVY FINES, AND TURN THEM OVER TO THE STATE.

IT'S SPONSORED BY REPRESENTATIVE JUNADALYNN GIVAN OF BIRMINGHAM, WHO SAID SHE WAS DISAPPOINTED, BUT VOWED THAT SHE ISN'T GIVING UP.

>> WE'LL BRING THIS PIECE OF LEGISLATION BACK TO THE HOUSE OF REPRESENTATIVES, AND THINK THIS BILL IS REPRESENTATIVE OF THE PEOPLE THAT VOTED NO FOR IT AND IT ACTUALLY SHOWS YOU WHAT TYPE OF PEOPLE THEY ACTUALLY ARE IN THIS DAY AND TIME IN THE UNITED STATES OF AMERICA.

>> DON: GIVAN'S BILL WAS BROUGHT BACK UP TODAY AFTER HAVING GONE TO A SUBCOMMITTEE FOR MORE WORK, BUT IT WAS DEFEATED BY A VOTE OF 6-4.

A HEADLINE-MAKING BILL THAT WOULD MAKE NO-EXCUSE ABSENTEE VOTING IN THE STATE PERMANENT WAS CARRIED OVER TODAY BY THE HOUSE CONSTITUTION, CAMPAIGNS AND ELECTIONS COMMITTEE.

IT'S SPONSORED BY REPRESENTATIVE LAURA HALL OF HUNTSVILLE.

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>> WE DIDN'T HAVE THE VOTES.

AND THE REASON BEING IS BECAUSE, THERE WAS THE SECRETARY OF STATE OPPOSITION, PROBATE JUDGE OPPOSITION, THERE WAS CIRCUIT CLERK OPPOSITION AND MEMBERS OF THE COMMITTEE WERE CERTAINLY VERY MUCH AWARE AND WERE NOT GOING TO ALLOW IT TO COME OUT OF COMMITTEE, SO IT WOULD HAVE BEEN A NEGATIVE VOTE.

BECAUSE OF THAT, I ASKED THAT IT BE CARRIED OVER AND THAT HOPEFULLY WE'LL WORK ON SOME OTHER WAYS OR AMEND IN SOME WAY, HOPEFULLY BRING IT BACK LATER IN THE SESSION OR PROBABLY NEXT YEAR.

>> DON: SECRETARY OF STATE JOHN MERRILL WITHDREW HIS INITIAL SUPPORT FOR HALL'S NO-EXCUSE ABSENTEE VOTING BILL AS REPUBLICAN OPPOSITION MOUNTED.

MEANTIME, THE SAME HOUSE COMMITTEE TODAY APPROVED LEGISLATION THAT WOULD BAN CURBSIDE VOTING IN ALABAMA.

IT'S SPONSORED BY REPRESENTATIVE WES ALLEN OF TROY, WHO CONTENDS THE LEGISLATION WOULD HELP PROTECT ELECTION INTEGRITY AND BALLOT CHAIN OF CUSTODY.

A SIMILAR BILL WAS APPROVED IN THE SENATE GOVERNMENTAL AFFAIRS COMMITTEE ON TUESDAY.

IT'S SPONSORED BY SENATOR DAN ROBERTS OF MOUNTAIN BROOK.

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>> THIS BILL IS REALLY A COUPLE OF MAIN POINTS.

TO MAINTAIN SECURITY OF ELECTIONS IN THE ABILITY OF A VOTER TO CAST A SECRET BALLOT.

THIS BILL BANS CURBSIDE VOTING AND BILL INSURES THAT LOCATIONS DESIGNATED AS POLLING PLACES IS NOT MANIPULATED THROUGH THE REMOVAL OF ELECTRONIC VOTING MACHINES OR BALLOTS FROM WITHIN THE INTERIOR OF THE BUILDING.

>> DON: WITH THE CURBSIDE VOTING BANS NOW HAVING PASSED VIRG SENATE AND HOUSE COMMITTEES, THEY NOW MOVE TO THE FLOOR.

THE SENATE JUDICIARY COMMITTEE TODAY APPROVED A BILL THAT WOULD SHARPLY REDUCE THE PENALTY FOR MARIJUANA POSSESSION, MAKING IT PUNISHABLE BY ONLY A FINE.

SENATE BILL 149 IS SPONSORED BY MINORITY LEADER BOBBY SINGLETON OF GREENSBORO.

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>> RIGHT NOW, THE GOVERNOR IS TALKING ABOUT DRUG COURTS AND DIVERSION PROGRAMS, KEEPING PEOPLE FROM GOING TO JAIL AND HOW WE CAN KEEP A NUMBER OF FOLKS FROM GOING TO JAIL FOR PETTY CRIMES.

AND THIS BILL, 149, MARIJUANA UP TO 2 OUNCES OF MARIJUANA THAT A PERSON CAN POSSESS FOR, BEFORE A CRIME STARTS FOR THEM.

>> DON: UNDER CURRENT LAW, MARIJUANA POSSESSION FOR PERSONAL USE IS A MISDEMEANOR.

A SECOND OFFENSE CAN BE CHARGED AS A FELONY.

SINGLETON'S BILL TO REDUCE THE PENALTIES NOW HEADS TO THE SENATE FLOOR.

THE SENATE TODAY WELCOMED A NEW MEMBER.

FORMER STATE REPRESENTATIVE KIRK HATCHER OF MONTGOMERY WAS ELECTED LAST NIGHT TO FILL THE SEAT FORMERLY HELD BY SENATOR DAVID BURKETTE, WHO RESIGNED AS PART OF A PLEA DEAL INVOLVING MISUSE OF CAMPAIGN FUNDS.

HATCHER, WHO IS A DEMOCRAT, DEFEATED REPUBLICAN WILLIAM GREEN TO WIN THE POST, AND HE SPOKE TO CAPITOL JOURNAL TODAY.

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>> ONE OF THE UNIQUE THINGS ABOUT SENATE DISTRICT 26 IS THAT IT AFFORDS ME AN OPPORTUNITY TO CONTINUE TO REPRESENT PRETTY MUCH ALL OF MY HOUSE DISTRICT, DISTRICT 78.

SO, THAT'S IMPORTANT TO ME.

BECAUSE I DIDN'T WANT PEOPLE IN THE HOUSE DISTRICT 78 FEELING ABANDONED.

>> DON: SENATOR HATCHER WAS SWORN IN TODAY AT NOON AT THE STATEHOUSE AND WENT RIGHT TO WORK.

WE'LL BE RIGHT BACK.

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>> NEXT UP ON THE BROADCAST, NEWEST MEMBER OF THE LEGISLATURE, REPRESENTATIVE BEN ROBBINS OF SYLACAUGA.

NOW, YOU HAVE BEEN IN FOR ABOUT A MONTH.

WHAT'S YOUR IMPRESSION.

>> IT'S FAST-PACED.

IT'S A SLOW, DELIBERATIVE BODY BUT FAST-PACED GOING FROM HERE TO THERE, THE COMMITTEE MEETINGS.

I ENJOY THE FAST PACE.

IT IS DELIBERATIVE BUT IT'S EXTREMELY FAST PACE AND I DO ENJOY THAT.

>> AND IT'S UNUSUAL WITH THE PANDEMIC.

BUT SO FAR YOU DON'T KNOW ANY DIFFERENT.

>> THAT'S RIGHT.

I TELL EVERYBODY, YOU KNOW, THEY SAY, THIS IS SO DIFFERENT AND I SAY, I DON'T KNOW THE DIFFERENCE, THIS IS NORM.

>> AND THE HOUSE BEING THE LARGER BODY IS SPREAD OUT OVER THE MAIN FLOW, GALLERY AND OVERFLOW ROOM.

WHERE DO YOU SIT?

>> I'M IN ONE OF THE OVERFLOW ROOMS.

AND I THINK THE OVERFLOW ROOM, I ENJOY IT.

WE ALL SHARE ONE LARGE TABLE.

SO, I HAVE SPACE.

I PUT MY LAP TOP OUT, I REVIEW THE BILLS WHILE WE ARE GOING OVER THEM.

AND I SPREAD IT OUT AND I ENJOY THE OVERRULE FLOW ROOM.

>> YOU THINK IT'S WORKING WELL?

>> THINK IT'S WORKING OUT VERY WELL.

THE SPEAKER HAS DONE A GREAT JOB.

ONE, KEEPING US SAFE.

WE'VE NOT HAD AN OUTBREAK WHICH IS SOMEWHAT AMAZING OUT OF 105 PEOPLE.

AND THE PROTOCOLS THAT THE LEADERSHIP HAVE PUT IN PLACE ARE HELPFUL AND KEEP US SAFE.

IT'S ALLOWED US TO DO BUSINESS, CONTINUING TO PASS THE BILLS, AND REPRESENTING THE PEOPLE OF ALABAMA.

>> Don: I WOULD REMIND THE VIEWERS THAT YOU COME INTO A HOUSE SEAT THIS YEAR HELD FOR MANY, MANY YEARS BY THE VETERAN, LATE RON JOHNSON.

I KNOW YOU SAID THAT YOU FELT LIKE YOU HAD SOME BIG SHOES TO FILL.

>> YES.

OBVIOUSLY, I HAVE SOME BIG SHOES TO FILL.

WHEN REVEREND JOHNSON UNEXPECTEDLY PASSED AWAY, HE WAS THE LONGEST-SERVING MEMBER MOUNT IN THE HOUSE.

AND OBVIOUSLY, THOSE ARE LARGE SHOES TO FILL.

HE WAS ON THE RULES COMMITTEE, HEALTH COMMITTEE AND INFLUENTIAL IN A LOT OF AREAS, NOT JUST IN THE LEGISLATURE BUT BACK HOME IN OUR DISTRICT.

HE HAS DONE A LOT IN CONSTITUENT SERVICES AND A LOT TO CARE FOR THE PEOPLE IN TALLADEGA, COOSA AND CLAY COUNTIES.

THOSE ARE LARGE SHOES.

AND HE LEFT A BIG VOID.

>> SO FOR THOSE WHO DON'T KNOW, IT'S TALLADEGA, COOSA, AND CLAY COUNTIES AND DISTRICT 33.

>> RIGHT.

>> Don: YOU ARE AN ATTORNEY BY PRACTICE.

YOU WERE APPOINTED TO THE HOUSE JUDICIARY COMMITTEE WHICH IS SEEN AS A PRETTY PRESTIGIOUS APPOINTMENT AS A FRESHMAN LAW ENFORCEMENT.

>> YEAH, I WAS EXCITED TO GET APPOINTED TO THE JUDICIARY COMMITTEE AND NOT MANY FRESHMAN GET ON THAT COMMITTEE.

I WAS EXCITED TO BE GIVEN THAT OPPORTUNITY BY THE SPEAKER'S OFFICE.

IT REALLY FITS IN, ME BEING AN ATTORNEY, WE TALK ABOUT EVERYTHING FROM SENTENCING REFORM TO REAL ESTATE MATTERS.

SO, IT'S ANYTHING THAT MAY FALL WITHIN THE PURVIEW OF THE LEGAL PROFESSION AND THE JUDICIAL SYSTEM.

AND THEN, ITEMS THAT ARE KIND OF ANCILLARY TO THE JUDICIAL SYSTEM.

>> AND YOU TACKLE WEIGHTY ISSUES.

TODAY, THE JUDICIARY COMMITTEE WAS TACKLING PROPOSED AMENDMENTS TO THE MEMORIAL PRESERVATION ACT.

AND THERE WAS A BILL TODAY, DOING AWAY WITH THE HABITUAL OFFENDERS ACT.

THAT'S JUST THE TIP OF THE ICEBERG.

>> RIGHT, WE TALKED BEFORE WE CAME ON THE AIR AND WE DEALT WITH PRISON REFORM BILLS AND EVEN TODAY, WE'RE TALKING ABOUT A BILL ON OUR AGENDA THAT DEALS WITH CELL PHONE COMPANIES BLOCKING, PROVIDING BLOCKS ON THE PHONES FOR ADULTS AND MINORS.

AND IT'S ALL OVER THE PLACE, THE ISSUES THAT WE DEAL WITH.

>> AND YOU ALSO DEALT WITH THE TRANSGENDER BILL WHICH HAS RECEIVED SO MANY HEADLINES IN THIS SESSION.

AND THERE ARE TWO BILLS MOVING SIMULTANEOUSLY, THE HOUSE BILL MOVED BY WES COLIN OF TROY.

AND SENATE BILL PASSED YESTERDAY, AND SPONSORED BY SHAY SHELNUT OF TRUSSVILLE.

SO, THAT'S A MIGHTY RESPONSIBLEABILITY THAT YOU AND YOUR COLLEAGUES HAVE ON THE JUDICIARY COMMITTEE THIS YEAR.

>> YES, WE DO.

AND BECAUSE OF COVID, THEY ARE LIMITING SOME OF THE HEARINGS, SOME COMMITTEES ARE NOT MEETING AS OFTEN.

SO, THAT MEANS THAT THE OTHER COMMITTEES, JUDICIARY ARE GETTING BILLS THEY MIGHT NOT HAVE GOTTEN NORMALLY.

THEY NEED TO BE HEARD AND THEY NEED TO GET ON THE FLOOR TO BE HEARD.

AND THEY NEED TO BE HEARD IN COMMITTEE SO STEERED OUR DIRECTION.

>> AND SPEAKING OF WHICH, THE MEDICAL MARIJUANA WHICH PASSED THE SENATE BEING VETTED THROUGH TWO HOUSE COMMITTEES BEFORE IT GETS TO THE HOUSE FLOOR.

THAT'S AN UNUSUAL STEP.

JUDICIARY COMMITTEE IS ONE.

>> RIGHT.

AND THE OTHER ONE IS THE HEALTH COMMITTEE.

I UNDERSTAND WHY THE SPEAKER DID THAT IN THAT MARIJUANA IS AN ILLEGAL SUBSTANCE ACCORDING TO THE FEDERAL GOVERNMENT AND MAKES SENSE TO TAKE IT THROUGH THE JUDICIARY.

BUT ALSO, IT MAKES SENSE FOR IT TO GO THROUGH THE HEALTH COMMITTEE BECAUSE IT'S FOR MEDICINAL SERVICES.

AND THE MORE VETTING YOU DO OF A BILL, THE BETTER IT IS.

AND I'M GLAD IT'S GOING WITH US.

WE'LL DEBATE AND KIND OF HEAR OUT THE PROS AND CONS OF THE ISSUE.

>> REPRESENTATIVE, YOU AND I SPOKE RIGHT AFTER YOU WON THE ELECTION, A COUPLE OF MONTHS AGO.

I ASKED YOU AT THE TIME, DID YOU HAVE ANY PARTICULAR PRIORITIES COMING IN.

YOU MENTIONED BROADBAND EXPANSION, ONE THINGS THAT YOU HEARD FROM YOUR CONSTITUENTS DURING THE CAMPAIGN.

>> YEAH, BROADBAND IS STILL A MAJOR ISSUE IN THE DISTRICT AND GOING TO REMAIN A MAJOR ISSUE.

IN TERMS OF WORK THAT I HAVE ALREADY DONE ON BROADBAND IS, WE HAD, THERE WAS AN ADECKA GRANT AVAILABLE AND I WORK WORKED WITH THE COOSA VALLEY ELECTRIC COOPERATIVE SERVING TALLADEGA, COOSA AND CLAY, AND I WITH A WORKED WITH THE SYLACAUGA ELECTRIC MEMBERSHIP AND ABLE TO GET A GRANT APPLIED FOR.

BUT IT IS TO HELPED HELP WITH THE INFRASTRUCTURE BUILDOUT WITH COOSA VALLEY.

WITH THEIR PLAN, SERVING NOT ONLY MY DISTRICT BUT GROW AND SERVE PARTS OF CLAY, AND CALHOUN THAT ARE UNDERSERVED.

I'M HOPEFUL TO GET THAT GRANT TO HELP THEM BUILD THE INFRASTRUCTURE.

AND I'M GOING TO WORK ON ANY OPPORTUNITIES FOR THAT, AND CREATE MORE FUNDING OPPORTUNITIES.

>> THAT INFRASTRUCTURE BILL YOU HAVE, THERE'S NOT A LOT OF INFRASTRUCTURE IN RURAL AREAS AND IT'S EXPENSIVE PROPOSITION FOR COMPANIES LOOKING AT IT.

>> IT'S A VERY EXPENSIVE PROPOSITION.

AND THAT'S WHY WE HAVE TO HAVE SOME SORT OF GOVERNMENT INVOLVEMENT TO BALANCE THE SCALES.

IF WE DON'T, USE AT&T, THEY CANNOT BILLED OUT FOR THREE CUSTOMERS, FOR EXAMPLE, THAT WON'T ACCOUNT FOR THE INFRASTRUCTURE THAT IT COST FORCE THEM TO LAY IT OUT.

SO, WE HAVE TO DO IT WHETHER IT'S THROUGH ABATEMENTS, INCENTIVES OR SOMEHOW TO LEVEL THE PLAYING FIELD.

WHAT WE'RE DOING THROUGH THE GRANT PROGRAMS IS TURNING THE TIDE.

AND WE NEED TO DO MORE.

>> WE'RE OUT OF TIME.

BUT WEIGHTY QUESTION, THE GAMBLING BILL, TALK OF THE STATE HOUSE NOW, PROPOSING USING SOME OF THE REVENUES FROM CASINOS FOR BROADBAND.

>> I SAW THAT.

BUT THINK FOR FUNDING BROADBAND IS VERY CRUCIAL.

ANY FUNDING SOURCES WE GET WOULD BE HELPFUL.

I DON'T KNOW ANYTHING BECAUSE THAT BILL IS STILL IN THE SENATE.

AND I DON'T KNOW MUCH OF THE MERITS OF THE BILL UNTIL IT GETS DOWN TO US BECAUSE I HAVE HEARD OF AMENDMENTS AND CHANGES FROM THE BILLS.

>> AND HAVE YOU HEARD ANYTHING ABOUT CONSTITUENTS THAT AT LEAST TO HAVE THE OPPORTUNITY TO VOTE ON THE BILL?

>> I HAVE HEARD LITTLE FROM MY CONSTITUENTS ON THE BILL.

I'VE HEARD FROM PEOPLE, ABOUT 50-50, FOR OR AGAINST IT.

>> Don: WELL, IT WILL CONTINUE TO DOMINATE AS THE SESSION MOVES FORWARD SO WE'LL WAIT AND SEE HOW IT PANS OUT.

THE NEWEST MEMBERS OF THE ALABAMA LEGISLATURE, BEN ROBBINS OF SYLACAUGA.

THANK YOU AND THANK YOU FOR THE SERVICE AND LITERALLY HITTING THE GROUND RUNNING FOR THE SERVICE ON THE JUDICIARY COMMITTEE.

>> THANKS FOR HAVING ME.

>> Don: AND "CAPITOL JOURNAL" WILL BE RIGHT BACK.

>> Don: NEXT UP ON THE BROADCAST, REPRESENTATIVE K. L. BROWN BACK IN THE STUDIO.

>> THANK YOU FOR HAVING ME.

>> NICE TO HAVE YOU.

AND YOU ARE CARRYING FOR THE THIRD YEAR IN THE ROW, DISTRACTED DRIVING BILL.

LAST WEEK IT WAS ON THE HOUSE FLOOR BEING DEBATED.

AND YOU ARE DOING TWEAKING TO IT RIGHT NOW, BASED ON THE CONCERNS THAT YOU HEARD NOT ONLY ON THE FLOOR, BUT IN THE INTERIM PERIOD.

WHAT'S, WHAT YOU ARE PROPOSING HERE, YOU CANNOT HOLD A CELL PHONE IN YOUR HAND WHILE DRIVING.

CORRECT?

>> CORRECT.

YOU CAN'T TAKE PICTURES WITH IT.

YOU CANNOT WATCH A VIDEO ON IT, AND YOU CANNOT HOLD IT IN YOUR HAND OR SUPPORT IT WITH YOUR BODY.

YOU'VE PROBABLY SEEN PEOPLE -- MY WIFE DOES IT -- HOLDS THE PHONE AND WHEN SHE'S DOING SOMETHING ELSE.

SO, ANY OF THOSE ARE A VIOLATION.

>> SHE DOESN'T DO THAT WHILE DRIVING?

>> HOPEFULLY NOT!

>> Don: SO, BASICALLY IF YOU USE YOUR CELL PHONE WHILE DRIVING, YOU NEED TO DO HANDS-FREE.

>> YES.

AND THIS BILL PASSED IN GEORGIA SEVERAL YEARS AGO, IT WAS AMAZING HOW THE NUMBERS OF ACCIDENTS INVOLVING DISTRACTED DRIVING DROPPED.

YOU KNOW, THERE'S BEEN HORRIBLE THINGS HAPPENING IN OUR STATE AS IN ALL STATES DUE TO DISTRACTED DRIVING.

I TALKED WITH AN ATTORNEY FRIEND OF MINE ON THE WAY HOME LAST WEEK.

HE WAS TELLING ME ABOUT A CASE THAT HE HAS RIGHT NOW THAT A YOUNG MAN WAS FOOLING WITH HIS CELL PHONE AND REAR ENDED A CAR AND ACTUALLY KILLED A LADY IN THE ACCIDENT.

SO, WE JUST NEED TO -- THERE'S ALL KINDS OF DISTRACTIONS, I UNDERSTAND THAT.

AND I HAVE PEOPLE SAY, WHAT ABOUT WOMEN PUTTING ON MAKE-UP.

WHAT ABOUT EATING A HAMBURGER AND THAT KIND OF THING.

BUT YOU KNOW, WHEN YOU ARE CARRYING ON A CONVERSATION, YOU ARE THINKING ABOUT WHAT YOU ARE TALKING ABOUT.

I DON'T THINK EATING A HAMBURGER IS EXACTLY THE SAME THING.

>> NO, YOU CAN REALLY CAN'T EAT HAMBURGER WITHOUT YOUR HANDS BUT CELL PHONE WITHOUT YOUR HANDS, THE HANDS FREE TECHNOLOGY HAS REALLY COME ALONG.

>> AND I HAVE AN OLD PICKUP, 1986 MODEL AND I BOUGHT A DEVICE FROM WAL-MART FOR LESS THAN $20, I PUT IT IN THERE.

AND YOU KNOW, I'M NOT INTO ELECTRONICS.

BUT IT PROVIDES BLUE TOOTH BASICALLY IS WHAT IT DOES.

SO, I'M TOLD NOW THAT MOST CELL PHONES HAVE FREE APPS THAT DO THE SAME THING.

>> OR HAVE THE SPEAKER PHONE FUNCTION.

>> RIGHT.

SO.

AND YOU KNOW, IT JUST MAKES SENSE.

I TELL YOU, IT'S HEARTBREAKING WHEN YOU TALK WITH FAMILIES.

THE LUNSFORD FAMILY OVER IN BIRMINGHAM LOST THEIR DAUGHTER.

SHE WAS ACTUALLY TAPING A HAPPY BIRTHDAY MESSAGE TO A GOOD FRIEND OF HERS ON HER CELL PHONE AND WAS INVOLVED IN A FATAL AUTOMOBILE ACCIDENT.

AND IT JUST BREAKS YOUR HEART.

AND TO THINK THAT, YOU KNOW, WE MIGHT ELIMINATE THAT FROM HAPPENING THAT WOULD BE EXCITING.

>> BUT YOUR BILL ALWAYS SEEMS TO RUN INTO ROAD BLOCKS.

I MENTIONED THAT IT WAS UP FOR DEBATE ON THE HOUSE FLOOR LAST WEEK.

YOU CARRIED IT OVER TO ADDRESS SOME OF THE CONCERNS.

WHAT'S PRIME AMONGST THE CONCERNS THAT YOU ARE HEARING.

>> ONE CONCERN THAT I DON'T KNOW REALLY HOW TO DEAL WITH IS THE FEELING THAT GOVERNMENT IS INTERVENING TOO MUCH INTO OUR PRIVATE LIVES.

AND I HAD SOMEONE ONE TIME TELL ME, YOU KNOW, WE DID IT WITH SEAT BELTS.

AND I SAY, WAIT A MINUTE.

THERE'S A DIFFERENCE WITH A SEATBELT THAT WAS YOUR LIFE, PERIOD.

THAT'S IN JEOPARDY IF YOU WANT TO CHOOSE NOT TO WEAR IT.

BUT WHEN YOU DEAL WITH THE CELL PHONES, THAT TAKES INTO CONSIDERATION FOR ANYBODY THAT YOU MEET ON THE HIGHWAY.

SO THERE'S A LITTLE DIFFERENCE THERE.

AND I UNDERSTAND, YES, IT IS SOMEWHAT GOVERNMENT TELLING YOU WHAT TO DO KIND OF THING.

BUT WHEN YOU ARE IN DANGER, ENDANGER SO MANY LIVES, I'M WILLING TO TAKE A HIT FOR THAT.

AND I'VE HAD SEVERAL PEOPLE TELL ME, WELL, I DO WORK IN MY CAR.

AND I SAID, WELL, CAN YOU NOT PULL OFF THE ROAD.

DO YOUR WORK.

OR TAKE YOUR WORK HOME AND DO IT.

I MEAN, DOES IT HAVE TO BE IN A MOVING CAR?

THAT'S PRETTY SCARY.

>> Don: AGAIN, WE'RE TALKING ABOUT TECHNOLOGY, THERE'S TECHNOLOGY EXISTING NOW, SAY, IF YOU GET AN EMAIL AND YOU ARE TEMPTED TO READ IT, YOU CAN TELL THE PHONE TO READ THE EMAIL TO YOU, AND SAME THING FOR THE MESSAGE.

THE TECHNOLOGY IS THERE.

>> I DID THAT ON THE WAY IN THIS MORNING.

MOST PHONES, THEY SAID THEY DIDN'T THINK APPLE PHONES HAS IT.

I CAN CLICK A BOX AND IF SOMEBODY TEXTS ME OR CALLS ME, IT BASICALLY TELL US ME, TELLS THEM, I'M DRIVING, I'LL BE IN TOUCH LATER ON.

>> SO YOU ARE WORKING ON THE BILL AND IT WILL BE BACK.

>> IT WILL BE BACK, I PROMISE YOU IT WILL.

>> AND ANOTHER BILL THAT YOU INTRODUCED FOR CONSIDERATION THIS YEAR, DEALING WITH STORES THAT ARE LICENSED BY THE STATE ABC BOARD.

THAT'S A LOT OF DIFFERENT STORES, CONVENIENCE STORES, WHATEVER.

IF THEY SELL BEER, WINE, AND THEY ARE LICENSED BY THE STATE ABC BOARD SAYS THESE SAME STORES CANNOT SELL, DISTRIBUTE, MARKET OR DELIVER DRUG PARAPHERNALIA OR WHAT YOU CALL IN THE BILL, NON CONFORMING PHARMACEUTICALS.

TELL US WHAT YOU SEE THAT EXISTS, THIS PROBLEM.

>> I THINK IT'S CRAZY, A LITTLE BIT CRAZY FOR ABC FOR THE SELLING OF BEER, WINE, AND FOR THAT TO BE INTERMINGLED WITH PIPES AND DRUG PARAPHERNALIA.

PLUS, SOME OF THESE LITTLE SMALL DRINK BOTTLES THAT YOU SEE, MOST OF THE TIME, THEY HOVER AROUND THE CASH REGISTER IN A CONVENIENCE STORE.

THOSE ARE NOT APPROVED BY ANYONE.

THERE'S NO FEDERAL DRUG APPROVAL AT ALL.

YOU DON'T KNOW WHERE THEY ARE MADE.

YOU DON'T KNOW WHAT IS IN THE MANUFACTURING OF THEM.

FOR ALL WE KNOW, THEY COULD HAVE BEEN MADE IN SOMEONE'S BASEMENT.

OR MOST OR MANY OF THEM ARE MADE IN FOREIGN COUNTRIES.

AND I THINK ABC CAME TO ME, AN AGENT FRIEND OF MINE, HE'S BEEN WORKING WITH ONE OF HIS SUPERVISORS ON THE BILL.

AND WE'RE STILL WORKING ON IT SOMEWHAT.

BUT I THINK THAT THE IDEA THAT IT'S ALMOST, LIKE, IF ABC LICENSED THEM TO SELL BEER AND WINE, THAT THEY ARE BASICALLY PROMOTING THESE OTHER ITEMS, THAT THEY ARE RIGHT THERE WITH THE BEER AND WINE.

SO.

>> Don: THIS IS A PRETTY PREVALENT ISSUE AS FAR AS YOU CAN TELL?

>> WELL, IT'S AN ISSUE WITH ABC, IT IS.

THEY JUST DON'T WANT TO BE PUT IN THE SAME GROUP WITH THE ONES SELLING DRUG PARAPHERNALIA.

>> REPRESENTATIVE K. L. BROWN JUST A PLEASURE TO HAVE YOU ON THE SHOW.

THANKS FOR BEING HERE.

>> I ENJOYED BEING WITH YOU.

>> AND "CAPITOL JOURNAL" WILL BE RIGHT BACK.

>> DON: AND THAT'S CAPITOL JOURNAL FOR TONIGHT.

COMING UP TOMORROW NIGHT AT 10:30, WE'LL HAVE THE LATEST FROM THE STATEHOUSE.

AND OUR GUESTS ARE SCHEDULED TO INCLUDE SENATOR JIM MCCLENDON OF SPRINGVILLE, WHO'LL TALK WITH US ABOUT COMMITTEE PASSAGE OF HIS BILL TO DO AWAY WITH THE STATE HEALTH OFFICER AND REPLACE WITH HIM A CABINET LEVEL POSITIONS.

AND WE'RE ALSO SET TO BE JOINED BY REPRESENTATIVE MIKE JONES OF ANDALUSIA, WHO'LL DISCUSS HOUSE PASSAGE OF HIS LEGISLATION THAT WOULD GIVE THE LEGISLATURE SOME OVERSIGHT OF CONTRACTS INITIATED BY THE GOVERNOR THAT ARE VALUED AT MORE THAN $10 MILLION.

FOR ALL OF US AT CAPITOL JOURNAL, THANKS SO MUCH FOR JOINING US.

I'M DON DAILEY.