When the Alabama Legislature approved the controversial gas tax increase in 2019, it provided for a gradual increase up to 10 cents on each gallon of gas sold in the state.
There's also a provision of the motor fuel excise tax that allows for an increase every other year, starting October 1, 2023. That increase will be based on the National Highway Construction Cost Index and will perpetually increase the tax in alternating years.
Sen. Larry Stutts (R-Tuscumbia) didn't like the gas tax bill in 2019 and he still doesn't like it.
So Stutts introduced Senate Bill 277 in the March 2022 legislative session. The bill would remove the indexing provision of the tax and would require a full legislative vote to increase the tax on motor fuel.
Both Stutts and Rep. Jamie Kiel (R-Russellville) voted against the 2019 legislation, a move that endeared them to their constituents but drew the ire of Gov. Kay Ivey, who was 'all in' with her support of the bill.
Stutts' SB277 was introduced March 1st and referred to the Senate Finance and Taxation Committee, a committee Stutts sits on.
Stutts' premise for the bill is that the new gas tax is generating more than $300 million annually for road and bridge repair, and an automatic increase tied to construction costs could lead to burdensome tax increases on fuel, which has seen a dramatic cost increase over the past year.
“I fully understand the need for the repair of roads and bridges across the state,” Stutts said. “One of the reasons I voted against the original bill was the automatic increase that was tied to construction costs.”
If Stutts' bill becomes law, Alabama senators and representatives would have to approve future increases, and come home to voters asking questions about why they raised taxes.
According to a source familiar with the legislative process, Stutts' bill is unlikely to reach the Senate floor for a vote for the aforementioned reasons.
A second bill filed by Stutts, SB278, would prohibit pregnant women from lawfully obtaining medical marijuana as a dispensary site would have to receive a negative pregnancy test before a woman of childbearing age could fill a prescription.
Additionally, it would prohibit any medical cannabis dispensary from being located within 1,000 feet from a day-care center or a two-year or four-year institution of higher learning.
“As a physician who has worked decades in the medical field, I believe it is my duty to protect women and their unborn and newborn children from anything that can cause them or their infant harm,” Stutts said. “There is no safe level of marijuana use during pregnancy. Therefore, it is reasonable to ensure that pregnant or breastfeeding women and cannabis cards do not coincide.
“I look forward to working with my colleagues on these issues, and I am hopeful for their passage in the Senate,” he added.
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