State Sen. Chris Elliott (R-Josephine) has lost patience with the Alcoholic Beverage Control (ABC) Board for an alleged failure to implement a law he sponsored and passed in 2023. Thursday, Elliott delayed $80 million in contracts with state agencies and boards because they haven’t complied with the law, which authorizes responsible vendor training to be held online.
Committee members like Elliott have the power to delay contracts for up to 45 days.
“The ABC Board did not like this legislation and made several unsuccessful attempts to alter it during the legislative process,” Elliott said at the Contract Review Committee meeting. “The legislative intent of this law was to make it easier for Alabama businesses to train their employees in the responsible service of alcohol and to remove barriers which may impede their ability to do so, something you’d think our ABC Board would find desirable. Some 18 months have passed since the governor signed this statute into law, and the ABC Board has still not promulgated the rules as directed by this act.”
Dean Argo, manager of government relations and communications for the ABC Board, disputed Elliott’s claim in a statement.
“The 2023 law by Sen. Chris Elliott 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 requested that several rules regarding the online training presentation be clarified to benefit its members. The ABC Board agreed to do this because the clarifications did not impact whether or not online training was offered. However, there was disagreement over how incorrect answers offered online were processed.”
“After further discussion, ABC Board staff presented the Board last month with a modified rule – Update on Petition for Rule Modification regarding Responsible Vendor Certification: 20-X-12-.04 (Certification Requirements); 20-X-12-.06 (Maintaining Certification); 20-X-12-.09 (Course of Instruction). During its regularly scheduled meeting on October 17, 2024, the Board asked staff for some additional research on what other states are doing regarding online RVP Training. The proposed rule modification is on next week’s (November 14, 2024) agenda,” Argo continued.
Elliott fired back in a statement to Yellowhammer News.
“The statement from the ABC Board is the type of classic bureaucrat doublespeak that frustrates small business owners and their representatives alike.”
“ABC rules that are in existence today directly contradict Act #2023-252,” he argued. “Specifically, the Administrative Code of Alabama 20-X-12-.09. (3) requires ‘The format of the course of instruction shall include face-to-face training and question and answer opportunities.’ This is obviously not conducive to online training. To say otherwise is just wrong. Additionally, Act #2023-252 also allows participants to store the records digitally. The ABC has not updated the regulations regarding this provision either. ABC has a duty to bring their regulations into compliance with the statute. The proposed rule change (that ABC says isn’t required) was on the agenda for both the September 19 and October 17 meetings and was carried over both times.”
“There is NO ONLINE TRAINING in Alabama that satisfies the current requirements of the ABC Board and they know that,” he added. “To contend otherwise is misleading at best. The two major national providers in alcohol training have not been approved. It should be the goal of the ABC Board to have as many people as possible trained in the responsible sales and service of alcohol. It certainly is the intent of the Alabama Legislature.”
Yaffee is a contributing writer to Yellowhammer News and hosts “The Yaffee Program” weekdays 9-11 a.m. on WVNN. You can follow him on X @Yaffee
