Jim Zeigler calls Cabinet re-org bill “power grab” by governor

The elected status of the Alabama State Auditor is threatened by a plan now circulating in Montgomery, and current auditor Jim Zeigler does not take kindly to it. The bill — HB 432 by Rep. Paul Beckman, a Pratville Republican and sometimes ally of Gov. Robert Bentley — would alter the offices of State Auditor and Agriculture Commissioner, making them appointed by the governor’s office rather than elected statewide as state law currently provides. Zeigler, a Republican, has been a harsh critic of the Bentley administration in his tenure as State Auditor since taking office in 2015. He contends the move is retribution for his criticism on issues like taxes, state parks, and a move to spend some $1.5 million on renovating the abandoned governor’s residence in Gulf Shores for what Zeigler has characterized as personal reasons. Zeigler said the inclusion of the Ag Commissioner as part of the Cabinet shakeup is simply window dressing, “a strategy to make it look like they are not targeting me.” “I believe that I am the main target of this legislation,” said Zeigler of the proposal, taken up for the first time last week by the Constitution, Campaign and Elections Committee. He added that the move was bad policy because it would remove the independent oversight his office – a unique, ombudsman-like position – by making the office subject to the governor’s approval. “Having the Governor appoint the State Auditor would be the fox guarding the hen house,” Zeigler said. Zeigler also issued an appeal to supporters via Facebook and a news release, asking opponents of the bill to seek out members of the CCE committee and voice their concerns. “Simply ask the Committee member to vote ‘No’ on HB432, and keep the State Auditor an elected office that represents the people of Alabama instead of the interests of the Governor,” Zeigler urged over the weekend.
Right-to-work amendment passed in Alabama Senate

The Alabama Senate has passed legislation reiterating Alabama’s position as a so-called “right-to-work” state. Senators on Thursday passed the amendment 25 votes to 9. Alabama voters will now have the chance to approve the amendment at the ballot box. Right-to-work states prohibit companies from requiring workers to pay union dues as a condition of employment. Alabama law already has the prohibition, but Republicans said adding the amendment to the state Constitution will give businesses additional assurances. In a debate on the Senate floor, Minority Leader Quinton Ross, a Democrat, called the amendment “asinine” and a waste of time and money. Ross says lawmakers have more important issues they should address. Republished with permission of the Associated Press.
Robert Bentley reacts to prison reform bill’s Senate progress

Gov. Robert Bentley and the GOP-led Legislature in Montgomery haven’t been known for getting along – some expect this year’s Legislative Session to possibly hit another snag over the budget yet again. But Bentley did come out Wednesday with a bouquet of rhetorical flowers for Alabama lawmakers when it comes to the prison reform act currently circulating in the statehouse. The bill — approved by the Senate Finance and Taxation General Fund Committee this week — would attempt to overhaul the state’s notoriously ailing prison system by providing an $800 million revenue bond for the demolition of 14 of Alabama’s 16 prisons and subsequent renovation of the remaining two. The bill further provides for the construction of four new prisons, three male and one female, which will pay off the bond through perceived savings. “For decades, Alabama’s prisons have become increasingly overcrowded, dangerous to both inmates and our corrections officers and incredibly costly to taxpayers. I commend the Senate committee for passing the long needed Prison Transformation Initiative Act out of committee today,” said Bentley in a statement. “This bill will allow Alabama to take the next step toward constructing four new prisons, which will provide safer conditions for our corrections officers as well as inmates in facilities such as Tutwiler Prison for Women. Alabama can and should be a national leader in safe and effective incarceration of inmates. I look forward to continuing a partnership with the members of the Legislature to make Alabama a truly great state,” Bentley concluded. The bill was OK’d by the finance panel with just one dissenting ‘No’ vote, cast by Huntsville Republican Sen. Paul Sanford.
Alabama legislative agenda preview: March 7 – March 11, 2016

Alabama lawmakers will return to Montgomery Tuesday as the legislative session resumes, with the House convening at 1 p.m. and the Senate an hour later. Both chambers are still planning to tackle the General Fund and Education Trust Fund budgets before spring break, as well as a host of issues slated to be taken up this week. The Senate will debate SB89 from Sen. Arthur Orr (R-Decatur), which would require all Alabama public school students to pass a civics test to graduate – private schools could opt-in if they chose to. Also on the Senate’s agenda is SB148 from Sen. Jim McClendon (R-Springville), which would require all passengers in a vehicle to wear a safety belt. The legislation came up in last week’s session but was stalled due to opposition regarding further legislation on people’s car-riding habits. The Senate will also take up SB114 from Sen. Paul Sanford (R-Sanford), which would regulate “fantasy contests” in the state, and SB14 from Sen. Gerald Allen (R-Tuscaloosa), which would allow people to carry a firearm in their vehicle without a permit. Allen’s legislation was hotly contested in a recent committee hearing, when state law enforcement officers argued that the bill would make their jobs more difficult and dangerous. The House will also take up a bill aimed at regulating so-called “fantasy contests,” as well HB2 from Rep. Tommy Hanes (R-Scottboro), which would require wireless communications providers to supply law enforcement agencies with location information upon request. Perhaps the bills with highest interest to be taken up in the House this week are HB46 from Rep. Alan Boothe (R-Troy), which would allow Alabama distilleries to begin selling bottles for off-premise consumption, and HB13 from Rep. Alan Harper (R-Northport), which would allow the public to vote on whether or not to institute a state lottery. Committee hearings will get underway Tuesday morning before the start of session, though the majority will take place on Wednesday. The Senate Committee on Health and Human Services will hear discussion on two bills that will likely attract the outrage of Democrats – HB45 from Rep. April Weaver (R-Alabaster), which would outlaw the already-illegal practice of selling fetal tissue, and SB9 from Allen, which would prohibit abortions if providers don’t first determine a fetal heartbeat. The Senate Committee on General Fund Finance and Taxation will hear from Sen. Vivian Figures (D-Mobile) regarding SB136, a bill which would put forth a constitutional amendment to add an additional 5-mill tax to state properties, with the proceeds going to help Medicaid. The House Economic Development and Tourism Committee will hold public hearings regarding two alcohol-related bills – SB219 from Sen. William Beasley (R-Clayton), which would allow retail licensees and state liquor stores to conduct liquor and wine tastings, and HB325 from Rep. James Buskey (D-Mobile), which would allow businesses with a building split between wet and dry counties to serve alcohol. The House Committee on General Fund Ways and Means will take up the General Fund via SB125, which has already passed the Senate,
Senate passes $1.8 billion general fund budget framework

The Alabama Senate passed a taut $1.8 million budget framework for non-education spending on Thursday, level-funding most state agencies and passing no tax increases that might increase revenue next year. Montrose Republican Sen. Trip Pittman said the Senate’s proposed budget, while lean, provides adequately for basic services Alabamians rely on. “This is a tough but workable budget for the people of Alabama,” said Pittman, who chairs the Senate General Fund Budget Committee. “It level-funds many state agencies, while increasing funds for Public Health and our National Guard units. I look forward to the House’s input and ideas on the budget.” According to the Senate Majority Caucus, the FY17 budget increases by $2.5 million the funding for both Mental Health and the Department of Human Resources, and gives Public Health an additional $10 million over last year, on the heels of a tuberculosis outbreak in west Alabama. Senate President Pro Tem Del Marsh offered his praise to Pittman for his work on wrangling a budget proposal early on in the process, to ensure plenty of time for lawmakers to hammer out their inevitable differences. “I want to commend Senator Pittman’s diligent work on getting the General Fund out on the 10th Legislative Day, one of the fastest in recent memory. Getting started on the budget process prior to the beginning of session no doubt helped everyone involved. I believe everybody in the Legislature was eager to pass the General Fund in a timely manner to avoid a summer of special sessions,” Marsh said. The House will now take up the General Fund budget and release their own proposal. If the two chambers are able to agree on a final budget plan, it will move on to the desk of Gov. Robert Bentley, who has line-item veto authority.
Legislature approves “Ava’s Law” to strengthen child abuse penalties

The Alabama House voted to grant final approval to a bill that would increase penalties on aggravated child abuse offenders on Thursday. The bill – dubbed “Ava’s Law” by sponsor Sen. Tom Whatley, in honor of a four-year-old girl who died at the hands of her abuser – would allow for harsher penalties in cases when a victim unintentionally dies due to child abuse. Current law allows such cases to be prosecuted only to the limits of manslaughter, which carries a 20-year maximum sentence. “This law is about protecting children, the most vulnerable among us,” said Whatley, a Republican from Auburn. “Abusing children is a serious crime, and made even more heinous when a child dies as a result. This bill closes a loophole in the law and establishes a harsh penalty that fits the crime.” The bill is named for Ava Zapata, a Lee County girl who died in May 2012 after suffering abuse by her mother’s boyfriend. Under the proposed law, aggravated child abuse could now be elevated to the level of capital murder by prosecutors if it results in a minor’s death. “I am grateful to Senator Whatley and District Attorney Robbie Treese for their work on this legislation,” said Jessica Ventiere, Assistant District Attorney for Lee County. “Ava’s Law bridges the gap between capital murder and manslaughter. It offers an option stronger than manslaughter when the evidence shows intent to abuse but not necessarily the specific intent to kill, which is required to prove capital murder.” The bill, passed by the Senate earlier this month, now moves on to the desk of Gov. Robert Bentley for his signature and enactment into Alabama state law. Senate Republicans said they made Ava’s Law a priority as part of its “Protecting Families & Children” agenda this legislative Session.
Jim Zeigler pushing constitutional amendment to prevent “raid” of state parks funds

State Auditor Jim Zeigler may occupy the executive branch, but that isn’t stopping him from getting involved in his favored issues during Alabama’s ongoing Legislative Session in Montgomery. Zeigler released a statement Monday night declaring his support for SB 260, a bill that would “stop the raiding of state parks revenues to fund other programs,” as Zeigler put it. Specifically the bill – sponsored by Republican Sen. Clay Scofield – would call for an amendment to the state constitution that would require revenues earned by the parks to stay in the parks’ operating budget. In recent years, state budget writers and Gov. Robert Bentley have chosen to close nearly half a dozen parks and reduce services in others, despite the parks’ general solvency. Funds from the parks have sometimes gone to subsidize other priorities through the Legislature’s general revenue fund. State parks have long been a priority for Zeigler. He recently accused the Bentley administration of mismanaging the parks system and using it as a cudgel against conservatives. “SB 260 is the first step in my plan for the state parks,” said Zeigler. “The parks internally generate around 85 percent of the money needed to operate. With tweaking, the parks can be self-funding, using NO tax dollars — requiring no money from the financially-strapped general fund. The Bentley administration would no longer be able to use the state parks as a political football, threatening closures if tax increases are not passed.”
