Bill to eliminate marriage licenses passes Alabama Senate, moves to House
Marriage licenses may soon be a thing of the past in Alabama. Rather than getting a marriage license signed by a probate judge, Range-Republican state Sen. Greg Albritton has introduced a bill that would require couples to file a form and have a notarized affidavit with the probate judge in order to record their marriages. Senate Bill 20 was approved, 22-6, Tuesday night the Alabama Senate. It’s passage comes as few probate judges across the state continue to refuse to issue marriage licenses to same-sex couples. “This bill would specify that the judge of probate would have no authority to reject any recording of a marriage, so long as the affidavits, forms, and data are provided,” Albritton’s bill reads. “This bill would provide that a religious, civil, or independent ceremony of marriage, or other officiation, or administration of marital vows may be conducted or engaged in by the parties. Instead of issuing marriage licenses, probate judges would be required to collect the following minimum information: (1) The full legal names of both of the parties. (2) A notarized affidavit from each party declaring all of the following: a. The affiant is not currently married. b. The affiant is at least 18 years of age; or 21 2. The affiant is at least 16 and under 18 years of 22 age and has the consent of a parent or guardian. c. The affiant is legally competent to enter into a marriage. d. The parties are not related by blood or adoption such that the marriage would violate Section 13A-13-3, Code of 27 Alabama 1975. e. The affiant is entering into the marriage voluntarily and of his or her own free will and not under duress or undue influence SB20 now moves to the Alabama House of Representatives for consideration. Similar legislation failed to win final approval in the past two legislative sessions.
House keeps armed forces operating, approves $578 billion
The full U.S. House of Representatives on Wednesday overwhelmingly approved the fiscal year 2017 defense appropriations bill, with the support of the entire Alabama delegation, with a bipartisan 371-48 vote. In total, the bill includes $577.9 billion in funding, which is an increase of $5.2 billion over last year’s funding levels. “The bill closely reflects the Defense Appropriations bill the House passed last summer, and is consistent with the final National Defense Authorization Act for fiscal year 2017,” according to a statement from the House Appropriations Committee. “The legislation funds critical national security needs, including military operations and readiness programs, as well as health and quality-of-life programs for our troops and military families.” The bill has several big wins for the Yellowhammer State, including funding for three more Littoral Combat Ships (LCS), which are built in part by Austal USA, which employs over 4,000 people at their shipyard in Mobile. It contains $8.2 billion for the procurement of 74 F-35 Joint Strike Fighters, and the Montgomery-based 187th Fighter Wing is on the short list for being assigned this next-generation fighter jet. The bill also contains a strong budget for Army Aviation, including $187 million for 28 Lakota helicopters, which are the primary aircraft used for training at the Army Aviation Center of Excellence at Fort Rucker. Funding for key R&D priorities for the Redstone Arsenal in Huntsville have aso been increased Additional bill highlights include: Rejects the Obama Administration’s proposed troop level reductions that would cut as many as 36,000 servicemen and women from the Armed Forces; Fully funds a 2.1% pay raise for the military personnel; Provides for 1,305,900 active-duty troops and 813,200 Guard and Reserve troops; Provides funding for an additional 1,000 active duty Army soldiers, 1,000 Army National Guard soldiers, 1,000 Army Reserve soldiers, and 1,000 active duty Marines; Funds ongoing military operations against ISIS and other terrorist organizations; Provides funding for 13 Navy ships, 74 F-35 aircraft, 61 UH-60 Blackhawk helicopters, and other key military programs; Includes funding to address readiness shortfalls and much-needed maintenance; and Boosts funding for research and development of new military technology. Here’s what the Alabama delegation had to say about their votes: Alabama 1st District U.S. Rep. Bradley Byrne: Ensuring our military men and women have the funding and resources to do their job is a fundamental responsibility of Congress. By passing the Defense Appropriations Act today, the House is further reaffirming our strong, bipartisan commitment to supporting the U.S. military. Working with my House and Senate colleagues, I am proud we were able to secure funding for the construction of three more Littoral Combat Ships. These ships are a key component of the Navy’s fleet, and the additional funding is vital to the future of the Austal shipyard in Mobile. I call on the Senate to quickly pass this funding bill and send it to President Trump’s desk for his signature. Alabama 2nd District U.S. Rep. Martha Roby: I am proud to represent a district that is home to both Fort Rucker and Maxwell-Gunter Air Force Base. I’m pleased to report that this bill contains a strong budget for Army Aviation, including $187 million for 28 Lakota helicopters. It also contains an increase of almost $450 million for the Air Force’s cyber security efforts. This Appropriations bill also contains funding for the procurement of 74 F-35 Joint Strike Fighters. The Montgomery-based 187th Fighter Wing is on the short list for being assigned this next-generation fighter jet, and our Alabama congressional delegation is working together to make the case to the Air Force why this special unit is an ideal fit. Alabama 5th District U.S. Rep. Mo Brooks: Importantly, H.R.1301 includes a 2.1% pay raise for our service men and women, reverses the Obama Administration’s drawdown of troops, and increases funding for Israeli Cooperative Programs by $455 million. In total, $600.7 million is provided for the Israeli Cooperative Programs, including $332 million for equipment procurement and $269 million for research and development. An additional $43 million is included for Israeli anti-tunneling efforts. I’m very pleased key priorities for the Redstone Arsenal community have been increased – notably high energy laser research, cybersecurity research for a variety of Army platforms and integration of systems, and the Army’s important continued investment in Future Vertical Lift. Check back, this article will be updated as more statements are available.
Alabama’s senators back new Trump travel ban order
President Donald Trump’s new travel ban executive order received a warm reception from Alabama’s senators this week. U.S. Senators Richard Shelby and Luther Strange praised President Donald Trump‘s revised executive order, which bar new visas being issued to travelers from six countries — Iran, Syria, Somalia, Sudan, Yemen and Libya — for 90 days. Shelby says he’s been a long-time supporter of “a rigorous review of our vetting process” in regards to those allowed to enter the country. “The safety and security of the American people must be a top priority,” Shelby said in a statement. “I have always supported a rigorous review of our vetting process for those who cross our nation’s borders, and I am pleased that President Trump has appropriately modified his executive order to achieve this critical goal. I look forward to working with the Trump Administration and my colleagues in Congress to keep our citizens safe from any individual seeking to enter our nation and do us harm.” Alabama’s newest senator, who replaced Jeff Sessions, Luther Strange calls the new order “a proactive, comprehensive approach.” “Protecting Americans and securing the homeland are solemn obligations of the President,” weighed-in Strange. “The latest executive order takes a proactive, comprehensive approach, and gives us clarity about what steps are being taken to protect our communities. I applaud the President for taking action, and I look forward to working further on keeping America free from violent terrorists.” Trump signed the new order Monday weeks after his initial ban was put on hold by a federal judge and later upheld by an appeals court. The updated order clarifies the implementation of new U.S. visa and immigration protocol, provides resources for enhanced vetting of foreign nationals, and increases transparency in sharing these steps with the American people. It will go into effect on March 16th.
Mike Rogers: Helping East Alabama’s farmers
As Alabama’s only member on the House Agriculture Committee, I take my role in protecting our farmer’s best interests very seriously. Alabama’s agricultural industry has quite a large impact on our state economy. Agriculture provides over 580,000 jobs in the state of Alabama, and agriculture and related industries bring in over $70 billion dollars to our great state. Just this week, I had the honor of hosting folks from the Alabama Farmers Federation (ALFA) here in Washington, DC. It’s always good to hear from farmers what programs are working for them and what issues are most important to them. Under President Barack Obama, farmers were under assault from overregulation from the EPA and USDA. President Donald Trump has already kept his promise to cut unnecessary government red tape by signing his disapproval of the Waters of the United States rule. This rule was one of the worst examples of bureaucratic overreach by Obama’s EPA. One issue on the front of the minds of everyone in the Agriculture Committee and farmers alike is the upcoming Farm Bill. The Farm Bill authorizes into law all farm programs for five years, and the current one expires in 2018. The House Agriculture Committee has started hearing from the agriculture industry about what programs in the Farm Bill work for them, and most importantly, what programs do not work for them. As these hearings continue, I remain dedicated to protecting and providing for East Alabama’s farmers. Everyone’s lives are impacted by America’s farmers, and it’s important we provide farmers with the tools they need to remain strong and successful. I want to hear from you. Please sign up for my e-Newsletter by visiting www.mikerogers.house.gov. ••• Mike Rogers is a member of U.S. Congress representing Alabama’s 3rd Congressional District.
Robert Bentley undergoes routine medical procedure
Alabama Gov. Robert Bentley underwent a “routine medical procedure” on Wednesday his office confirmed. Bentley’s press office said the procedure was for “atrial fibrillation” and is expected to return to work right away. “This morning, Governor Bentley briefly underwent a common, routine procedure for atrial fibrillation,” a press statement read. “Governor Bentley is feeling well and there are no serious medical concerns. The Governor is expected to return to work right away and he is continuing to work on key legislation such as the Alabama Prison Transformation Initiative. He looks forward to continuing his work with other governors on the Repeal and Replacement of the Affordable Care Act, and working hard for the people of our state. “ According to heart.org an atrial fibrillation, also called AFib or AF, “is a quivering or irregular heartbeat (arrhythmia) that can lead to blood clots, stroke, heart failure and other heart-related complications.” According to the site, at least 2.7 million Americans are living with AFib. No further details about Bentley’s underlying medical condition have been released.
William J. Canary: Data system is a tool for education improvement
The Alabama Legislature is considering HB 97 by Rep. Terri Collins, R-Decatur, and SB 153 by Sen. Bobby Singleton, D-Greensboro, to establish a smart and secure statewide system to measure student achievement over time. Incredibly, Alabama currently does not have a statewide platform for collecting longitudinal data that are gathered from year to year to plot change. There are no means to measure how something at one point in time affects outcomes later. But a longitudinal data system would enable us to learn if high school enrollment in advanced courses or performance on state tests improve student readiness for college, what college-level programs ensure that more students succeed, and at what cost. Shouldn’t legislators who direct our very limited dollars know which initiatives show the best evidence of increasing student achievement? Shouldn’t school administrators have the information and resources to effectively manage? And shouldn’t teachers have the data to help their instruction improve students? A secure longitudinal data system – personal information would not be identifiable – would utilize performance records from early childhood education through the workforce to evaluate the progress of education and workforce programs. The purpose is to look at how groups of students advance through education and training, to determine which programs are successful and those that are not, learn which groups may need early intervention to help them succeed, what programs that are best practices and can be incorporated into other areas, and workforce outcomes of participants in both higher education and workforce training programs. We have the pieces that will let our children succeed. Now is the time to gather those pieces and use the data to know what works, and perhaps more importantly, what does not. Let the facts, not our opinions, guide decisions so that all Alabama students can excel. ••• William J. Canary is president and CEO of the Business Council of Alabama.
Neil Gorsuch: A high court pick whose writing is down to earth
When Justice Antonin Scalia backed out of a book project with writing partner Bryan Garner, the justice recommended who might take his place. Neil Gorsuch was first on this list. Experts who spend time examining the writing of the nation’s top judges say it’s not hard to see why the veteran jurist would recommend the man whom President Donald Trump would later nominate to fill the Supreme Court seat Scalia held for nearly 30 years. “He has a great facility with ideas and with words,” Garner said. An examination of Gorsuch’s writings shows he can be breezy with the written word. He can be jocular. He invokes myth and literature and even sports. And you don’t have to agree with his opinions as a judge on the 10th U.S. Circuit Court of Appeals in Denver to appreciate the final product. “He has a knack for narrative, he’s clever, he has an appealing style,” said Ross Guberman, the author of “Point Taken: How to Write Like the World’s Best Judges.” Justice Ruth Bader Ginsburg also has called Gorsuch a good writer, and legal writing coaches and experts agree. And that’s more than casual praise: Writing opinions that explain the law is the main part of a justice’s job. Part of Gorsuch’s appeal is that he explains himself using words you don’t need to be a lawyer to understand. Gorsuch has likened a legal notice to a basketball bank shot, referenced ghosts and goblins in a lawsuit over injuries suffered at a haunted house and invoked Sisyphus’ eternal quest to push a boulder uphill in an opinion about a decades-long legal dispute. The bank shot reference came in in Gorsuch’s opinion in favor of a Colorado couple who faced a claim that prints that echoed images created by the artist Erte and that they sold on eBay violated the copyright of the company that held rights to the images. The issue before the 10th Circuit was whether the couple could seek a ruling in Colorado that they did nothing wrong, or instead had to sue in California. That’s where the company sent California-based eBay a demand that it block the couple from taking bids on and selling the prints. The action in California was done “with the ultimate purpose of canceling plaintiffs’ auction in Colorado,” Gorsuch wrote in 2008. The company’s aim “thus can be said to have reached into Colorado in much the same way that a basketball player’s express aim in shooting off of the backboard is not simply to hit the backboard, but to make a basket.” Tim Meyer was fairly new to Gorsuch’s office in Denver when he read an early draft of the judge’s opinion. At first, Meyer thought the basketball reference didn’t belong in a judicial opinion. But Meyer came to believe it was an effective way to explain the law to the couple, who represented themselves in court. “He really was trying to speak to litigants who were not educated or trained in the law,” said Meyer, now a Vanderbilt University law professor. A prison inmate’s defamation lawsuit showcased another strength in Gorsuch’s writing, Garner said. “Can you win damages in a defamation suit for being called a member of the Aryan Brotherhood prison gang on cable television when, as it happens, you have merely conspired with the Brotherhood in a criminal enterprise? The answer is no,” Gorsuch wrote in 2011. Garner said he liked the “down-to-earth, practical, fully understandable questions” that Gorsuch sometimes asks at the start of his opinions. Gorsuch is among 13 state and federal judges who joined as co-authors, with Garner, of “The Law of Judicial Precedent,” the book about judges’ opinions that Garner originally hoped to write with Scalia. In another case, Gorsuch disagreed with colleagues who dismissed a mother’s lawsuit claiming her son had been subjected to false arrest and excessive force stemming from incidents at an Albuquerque middle school. “If a seventh grader starts trading fake burps for laughs in gym class, what’s a teacher to do? Order extra laps? Detention? A trip to the principal’s office? Maybe. But then again, maybe that’s too old school,” he wrote. With Scalia’s death last year, Chief Justice John Roberts and Justice Elena Kagan are widely regarded as the two most engaging — and at times entertaining — writers on the court. Roberts began a dissenting opinion in October 2008 with a few hard-boiled paragraphs straight out of crime fiction. “Narcotics Strike Force, North Philly, May 4, 2001. Officer Sean Devlin, Narcotics Strike Force, was working the morning shift. Undercover surveillance. The neighborhood? Tough as a three-dollar steak,” Roberts wrote, describing a drug bust that Roberts thought was mistakenly thrown out by the Pennsylvania Supreme Court. In April 2012, Kagan invoked her favorite team’s batting woes as she explained that the meaning of a phrase can vary, depending on context. “And if a sports-fan friend bemoans that ‘the New York Mets do not have a chance of winning the World Series,’ you will gather that the team has no chance whatsoever (because they have no hitting),” she wrote, unimpressed with the team’s strong 7-3 start. (Turns out, she was right. The Mets were 10th in the 16-team National League in hitting and 12th in runs scored that year.) Kagan is in a class by herself at the moment because her entire opinions, not just the opening sentences, read well, Guberman said. “In my line of work, you have to look past the first paragraph,” Guberman said. Kagan often is clever and witty, he said, “but when she gets to the drier, more systematic legal analysis, she is still an extraordinarily good writer.” Gorsuch has yet to reach his full potential as a writer, said Guberman, who considers the 49-year-old’s prose “a little more uneven.” A justice’s ability to write well improves the chances that the other judges, lawyers and anyone else who reads opinions will understand what the law is. Justices who write poorly tend to have little lasting influence
What the new Republican health care plan means for you
Health insurance shoppers may wind up with more options to choose from but less help buying a policy under a new Republican proposal to replace the Affordable Care Act. A plan unveiled Monday in the House of Representatives shifts more responsibility for finding affordable coverage to the individual, and away from the government. Whether the plan becomes law is far from a sure thing — it immediately drew criticism across the political spectrum, and it could change or fail as it makes its way through Congress. “This is just a first step in what is likely going to be an intense and noisy process,” Stifel health insurance analyst Thomas Carroll said in a research note. And neither the government’s current plan nor the plan offered by Republicans seems capable of addressing the larger problem, the rising cost of health care that is translating into higher insurance rates, experts say. “No politician can save you from that,” said Dan Mendelson, CEO of the consulting firm Avalere Health. But the draft offers the first look at how Republicans want to change the government’s role in delivering health care. Here’s a look at the possible impact: WILL I PAY MORE FOR INSURANCE? You might, because you could receive less help from the government. The Affordable Care Act provides tax credits based on how much money you make to help take the sting out of paying for insurance. The new proposal provides tax credits that are based mainly on your age. These may offer less support for people with low incomes than the current system. On the other hand, because the new proposal allows for a broader range of insurance plans, it could mean that people may have a better chance of finding a plan they can afford. WHO WILL THIS HELP OR HURT THE MOST? Younger, healthier people may have cheaper coverage options, but costs could climb for older patients with chronic conditions and people with low incomes. The ACA provided subsidies that helped many people with chronic conditions pay out-of-pocket expenses like deductibles, the amount a person has to pay toward care before most insurance coverage starts. Those subsidies could be eliminated under the Republican plan. There’s an option for states to provide such subsidies, but it’s not yet clear how those would work. And lower-income people may struggle to pay their premiums, the amount due each month for care, because they would get less help from the government. For example, under the Republican plan, a 41-year-old customer of the insurer Molina Healthcare who earns $20,000 would receive a $3,000 tax credit toward a $4,300 annual premium for one of the company’s plans. That would leave the customer with a bill of $1,300 if there were no cheaper plan available. Under the current system, the government would cover nearly the entire cost of that plan. WILL THERE BE MORE PLANS TO CHOOSE FROM? The Republican proposal loosens restrictions on the coverage insurers can offer. That could mean a wider variety of plans, including options with lower prices. But customers would need to read closely: Plans may come with high out-of-pocket costs like deductibles or narrow networks that exclude the family doctor. The plan may also have less robust coverage of things like mental health care. Those particulars remain far from settled and will probably vary depending on state requirements. WHAT’S THE PENALTY IF I DON’T SIGN UP? The Republican plan ends the fines that people have to pay under the ACA if they don’t buy coverage, the so-called individual mandate. But there’s a catch. If people let their insurance lapse for 63 days in the year before they sign up for coverage, insurers could charge these customers 30 percent more for coverage. WILL MORE INSURERS PARTICIPATE? That depends on whether lawmakers can fix the insurance exchanges that are leading to large losses for some insurers. The Republican plan does give insurers something high on their wish list: the chance to offer a wider variety of plans, which might attract younger and healthier customers. But insurers also are worried that removing the mandate means people will only buy coverage when they are sick, and that makes it very hard for insurers to make money. J. Mario Molina, CEO of Molina Healthcare, said he doesn’t think the 30 percent surcharge is enough of a penalty to entice healthy people to buy insurance. “I don’t think there’s anything in the bill that makes the market more attractive (for insurers),” Molina said. Republished with permission of The Associated Press.
Steve Flowers: Robert Bentley’s lame-duck prison agenda
The premier issue of this year’s legislative session will be whether to borrow a massive amount of money to build new prisons in the state. This initiative appears to be our lame duck Gov. Robert Bentley’s primary agenda. Last year, Bentley proposed an $800 million bond issue for new prisons. He has come forward with a similar proposal this year. His plan would close all existing prisons and replace them with three new super men’s prisons and one smaller women’s prison. Folks, $800 million is a lot of money. There is no question that we have a prison problem. Alabama’s prison population is at 175 percent of capacity. It is among the highest in the nation. This overcrowding obviously causes violence and safety problems for our prison guards. The federal courts are probably on the verge of dosing out some kind of remedy for our prisons. The courts took over the California prisons a couple of years ago with a lower overcrowding ratio than ours is now. It is a tough spot for legislators. Funding prisons is not a popular re-election issue. There are several questions that would have to be answered if I were a legislator addressing this serious problem. First, if I were going to put this state in debt for that amount of money I would have to ask the imperative question, “How in the world are you going to pay for the debt?” There need to be absolute, concrete, valid, exact revenue sources to make the payment. It is doubtful that any banker would loan someone any money if the vague pie in the sky ambiguous reply was, “Well, the prisons will be more efficient, and therefore the savings will probably be enough to pay the note.” Probably ain’t going to get it is what I am afraid the banker would say to the borrower. The last time I checked there was no growth revenue in the General Fund. So hoping that there might be new revenue growth is also wishful thinking. You simply have to put dollars and cents to exactly how much you save with these nuts and bolts and how you are going to pay the bond indebtedness. Otherwise, you are buying a pig in a poke. In addition, the crazy point is that these ultramodern new prisons still leave us with overcrowded prisons. Therefore, it does not solve the problem. Another question that would have to be answered is why does the governor’s proposal require that the new prisons be designed and built by one company with a one-time exemption to the state bid laws. That just does not meet the smell test. That simply looks corrupt and, as they say, if it looks like a duck and quacks like a duck it must be a duck. Finally, if I were a legislator from a county or neighboring county that had a state prison located in my area, hell would freeze over before I would let the governor close it. I would rather cast a vote dissolving my county than vote to borrow $800 million in order to close down one of my area’s largest employers. Just ask the people in Elmore, Escambia, St. Clair, Limestone and Bibb what it would mean for their county economics if they closed their prisons. The prisons in Barbour and Bullock counties are the largest employers in their counties. Filibuster would have a new meaning if one of those prisons was in my Senate district. I would tell them in a New York minute, “that dog won’t hunt.” Besides, when the legislature last built new prisons in the aforementioned locales during the last Wallace administration they bought plenty of extra land around those prisons for future expansions. Gerald Wallace made sure of that. The good thing for you, the Alabama taxpayer, is that this bond issue probably will not pass simply because Bentley is for it. He is essentially a deterrent to anything passing in the legislature. See you next week. ___ Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state Legislature. Steve may be reached at www.steveflowers.us.
