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Lawmaker blocks dozens of contracts in Alabama liquor commission dispute: ‘Classic red tape’
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Lawmaker blocks dozens of contracts in Alabama liquor commission dispute: ‘Classic red tape’

An Alabama lawmaker has temporarily suspended dozens of contracts with state agencies over what he said are delays by the Alcoholic Beverage Control Board in implementing a law passed in 2023.

Sen. Chris Elliott, a Republican from Baldwin County, said the bill, which he sponsored, was intended to allow employees at businesses that serve alcoholic beverages to complete the ABC Council’s responsible seller program online.

Elliott said the ABC Board has not adopted rules to allow online instruction.

An ABC board spokesman said online preparations were already underway.

But Elliott disputed that and said the ABC Board’s rules contradicted the 2023 law.

“It’s very frustrating for the Legislature, an entire branch of government, to be ignored by the bureaucracy,” Elliott said.

“We passed this law. I communicated with the ABC Board what the legislative intent was, communicated by phone or in person, in writing what the intent was.

“And about 18 months later, we still don’t have rules promulgated by the bureaucracy charged with doing this,” Elliott said.

Elliott released a copy of a letter he wrote to the ABC board in September. The letter said the 2023 law was intended to remove barriers for businesses to participate in the Responsible Supplier Program.

Elliott’s comments came at Thursday’s meeting of the Legislature’s contract review committee. The committee, which meets monthly, reviews state agency contracts and questions agency representatives.

Any committee member can delay contracts for up to 45 days. But the committee cannot permanently block or kill a contract.

The ABC board had no contract on Thursday’s committee agenda. Elliott said he has suspended all other agencies’ contracts to pressure the ABC board to implement the law.

Dean Argo, manager of government relations and communications for the ABC Board, issued a statement in response to Elliott’s comments.

Argo said online training for the Responsible Supplier Program is permitted and has been for some time.

“Sen. Chris Elliott’s bill of 2023 did not require the ABC Board to promulgate rules or change any existing rules,” Argo said.

“A private association approached the ABC Board three months ago and asked for clarification of several rules regarding the presentation of online training for the benefit of its members.

“The ABC board agreed to do (so) because the clarifications did not affect whether or not online training was offered. However, there was disagreement about how incorrect answers given online were processed.”

Argo said the ABC Board plans to consider the rule change at its meeting next week.

“During the regularly scheduled meeting on October 17, 2024, the Board asked staff to do additional research on what other states are doing regarding online RVP training,” Argo said. “The proposed rule change is on the agenda for next week (November 14, 2024).

Elliott said Argo’s statement is misleading.

“The ABC board’s statement is the kind of classic bureaucratic double-talk that frustrates both small business owners and their representatives,” Elliott said in an email.

Elliott cited an ABC rule that says, “The training course format must include face-to-face instruction and question-and-answer opportunities.”

“This is obviously not conducive to online training,” Elliott said. “To say otherwise is just wrong.”

Sen. Billy Beasley, D-Clayton, a member of the Contract Review Committee, opposed Elliott’s decision to suspend all contracts.

“I think it’s unfair to the agencies that come in here and make their case and have a blanket objection to any contract being approved,” Beasley said.

“I would like to move that we rescind the request of the senator from Baldwin County. If he wants to object and hold ABC, that is his prerogative. But I don’t think we need to hold everyone else in our arms.”

Rep. Rep. Chris Pringle, R-Mobile, said he understood Beasley’s point. But Pringle said the committee had always operated under rules that an MP could hold contracts without the consent of other members.

“A member has the right to own every contract,” Pringle said. “And that’s how this committee works.”

Elliott said his goal is to pressure the ABC Board to implement the law in 2023. He said he will lift his control over contracts when the board passes the law’s rules.

“I hope this rather dramatic step here will get their attention,” Elliott said. “And I hope to give them a little bit more incentive and push all the people in this room to deal with this issue the way they should.

“This has been going on for months and months. We pass laws, the governor signs them, and we expect them to be passed by the executive branch.”

The Alabama Responsible Vendor Program is a voluntary program for licensees who sell and serve alcohol. To be certified, businesses must train all employees who sell and serve alcoholic beverages on topics such as Alabama alcohol laws, determining the legal age, civil and criminal penalties, and hazard reduction techniques.

“Obviously, I represent an area that is very tough in the restaurant and hospitality world, they want to have more people trained responsibly to be servers,” said Elliott, whose district includes Baldwin County’s Gulf Coast beaches. “It’s a good thing for them. It’s a good thing for their insurance.

“And why the ABC board isn’t moving forward with that, I don’t know. I think they will get the message after today.”

The contract review agenda included 60 contracts with a total cost of approximately $80 million.