Federal court hearing on redistricting case set for today
The entire political world in Alabama will be watching Monday to see what the court does with Alabama’s disputed redistricting case. A hearing is scheduled for Monday, August 14, in federal court at 9:00 a.m. CDT at the Hugo L. Black United States Courthouse in Birmingham. The hearing will focus on whether the map recently passed by the Alabama State Legislature complies with section two of the Voting Rights Act of 1965. Civil rights groups sued the state challenging the redistricting map that the Legislature passed in 2021. A three-judge panel of the Eleventh Circuit Court of Appeals in Atlanta ordered a halt to the 2022 election over concerns the map violated the 58-year-old Voting Rights Act. The U.S. Supreme Court intervened at the request of the state and allowed the election to proceed with the 2021 map. In June, the Supreme Court ruled in a 5 to 4 ruling that the congressional map likely violated the VRA and referred the case back to the three-judge panel. The Legislature was given until July 21 to submit a new map. The parties that sued the state and Alabama Democrats had wanted the Legislature to submit a map with two majority-minority districts. The Legislature, voting along party lines, refused and instead introduced and passed a controversial new map that simply increased Alabama’s Second Congressional District from 30% Black to 39.9%. That map kept the Gulf Coast, the Wiregrass, and Montgomery County whole; but was denounced by Democrats. The civil rights groups suing the state in federal court in Allen versus Milligan are asking the court to reject this new map. Members of the Alabama House Democratic Caucus, including House Minority Leader Anthony Daniels (D-Huntsville), will be outside the courtroom on Monday to issue their response following the conclusion of Monday’s hearing. Joining Daniels will be Caucus Chair Barbara Drummond (Mobile), Caucus Policy Chair Adline Clarke (Mobile), Caucus Secretary/ Treasurer Kelvin Lawrence (Hayneville), Rep. Patrice McClammy (Montgomery), Rep. Phillip Ensler (Montgomery), Rep. Chris England (Tuscaloosa), Rep. Patrick Sellers (Birmingham), Rep. Rolanda Hollis (Birmingham), Rep. Curtis Travis (Tuscaloosa), Rep. Napoleon Bracy (Mobile), Rep. Tashina Morris (Montgomery), Rep. A.J. McCampbell (Demopolis), and Rep. Sam Jones (Mobile) to comment on the court proceeding. “As we gather for the August 14th federal court hearing in Birmingham, Alabama, surrounded by the hallowed sites of the Civil Rights movement, we are reminded that this moment is inseparable from that struggle,” Daniels said. “We hope and pray that this court hearing, this next step, is a step forward on a continued path towards fair representation for all.” The Alabama House Democratic Caucus endorsed a redistricting plan, proposed by the Milligan and Caster plaintiffs, that would have created two majority Black congressional districts while respecting traditional redistricting guidelines. That map was rejected by the Republican supermajority and largely excluded from consideration during the legislative process. The major party primaries are on March 5, with candidate qualifying opening on October 16, so knowing where the congressional district lines are for that pending election is of some importance. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
State Legislators updated on the progress of the Numeracy Act
On Tuesday, members of the House Ways and Means Education Committee and the House Education Policy Committee held a joint meeting where they received an update from the Alabama State Department of Education (ALSDE) on the progress of implementing the changes in elementary math education that the Legislature ordered during the passage of the Numeracy Act. Dr. Karen Anderson is the director of ALSDE’s Office of Mathematics Improvement (OMI). She previously worked with ALSDE’s Office of School Improvement. “We are gearing up to prepare for NAEP in 2024,” Dr. Anderson said. “We are hoping to gain and improve on our stance when NAEP is given (in 2024).” Anderson said the goal is to ensure third-grade elementary students are at or above grade level in math. “An elementary school teacher should not engage in any practice that minimizes sense making and understanding of mathematics concepts,” Anderson said. “When a student is identified as having a deficiency in math, immediate action is taken,” Anderson said of the new teaching standards for math. Anderson said that the LETRS (Language Essentials for Teachers of Reading and Spelling) program used to improve reading performance is excellent, but “we are still searching for that equivalence in math.” Anderson said it establishes elementary and postsecondary mathematics task forces and provides mathematics coaches and training. Anderson said her office has had difficulty finding vendors for their new program. “We put out an RFP (request for proposal) for a fractional reasoning screener, and we got no response,” Anderson said. “Two companies said that they would develop one for us.” The Office of Mathematics Improvement has released another RFP seeking a qualified vendor. Anderson said the act also establishes the Alabama Mathematics Summer Achievement Program. “There are 18 OMI regional coordinators,” Anderson said. “Coordinators are assigned where the need is greatest.” Anderson said that currently, OMI has 83 schools receiving full and limited support. “The numeracy act provides very specific instruction for what instruction looks like in the classroom,” Anderson said. Specifically, that means there will be 60 minutes of instruction for Tier 1. “Math is not just a sit-and-get strategy,” Anderson said. “There is a real focus on classroom discourse and problem-solving. It should not be 100% sit and get.” “Immediate intervention is to be received if a math deficiency is identified,” Anderson said. “They are immediately provided with multi-tiered support.” Anderson said that she often hears folks say that they simply don’t like math. “That has really upset me,” Anderson said. “I am appalled to hear that.” Anderson said that some parents say, “I can’t do math. My father could not do math, and my son probably will not be able to do math.” Anderson said that OMI is “working to change that (mindset). Everyone can learn math.” “This is the first year that every student identified with a mathematical deficiency was invited to attend a math camp,” Anderson continued. “Thank you for providing that funding.” “Grades K-3 should have their mathematics embedded in their reading instruction,” Anderson explained. Anderson extolled the benefits of the Fun Zone program. “Fun Zone is comprised of 8 different tasks,” Anderson said. “We have trained more than 800 teachers in Fun Zone. Those that implemented Fun Zone as it was designed to be used saw improvement across the board.” “Thank you for the funding of math coaches,” Anderson said. “205 schools in all 11 regions will have math coaches. Math coaches trained by AMSTI. The Alabama coaching framework is foundational to all of the training.” “There are a number of external partnerships that we are working on,” Anderson explained. “174 areas require data under the Alabama Numeracy Act.” “We have gone across the state to provide professional development,” Anderson added, “Regional coordinators have been invited to provide a framework for what is in the law.” Anderson said there will be repercussions for schools not achieving the ALSDE goals. “If not successful after four years, even more strict consequences will be imposed,” Anderson said. “By fall of 2027, all K-5 schools will have a math coach in the school.” The House Ways and Means Education Committee is chaired by State Rep. Danny Garrett (R-Trussville). “We have to make sure that we are implementing the Numeracy Act,” Garrett said. “How is the task force functioning? Is there any areas of dissension or disagreement that we should be aware of?” Anderson replied, “No. We do have very spirited conversations, but I find those spirited conversations very uplifting.” “I have heard from people who were against the Numeracy Act to begin with who are concerned with how things are going,” Garrett said. “There is always a lot of Monday morning quarterbacking,” Anderson said. “Things are not going as quickly as I would have liked. We are getting things recommended as quickly as we can.” Anderson said that she has issued an RFP for intervention materials. “Twelve vendors have submitted packages,” said Anderson. “Are you comfortable then that there is the urgency that we seek? At this point, what do you look at to see if we are on track?” Garrett asked. “I don’t have a lot of data,” Anderson said. “The coordinators just came on in January. They have been working on building relationships.” “Is the state department ready for (school) interventions in 2025?” Garrett asked. “If we were expected now, we are not ready, but we are on track to be ready,” Anderson said. “I think we have a very good law and a very good plan,” said Garrett. Rep. Terri Collins (R-Decatur) asked about the tools available to implement the plan. “NUMBERS is not even close to LETRS,” Anderson said. Collins asked about OGAP (Ongoing Assessment Project. “OGAP is pretty sophisticated training,” Anderson said. “We have many teachers working on emergency certificates. We need to make sure that teachers have the proper pedagogy to be ready for OGAP.” “We have got ongoing meetings with our IT team,” Anderson said. “We are building structures as we need them.” Many legislators were at the Southern Legislative Conference (SLC) in Charleston, South Carolina, last week. Rep. Allen Baker (R-Brewton) said, “For those who weren’t present at SLC, Dr. Anderson- she is
Minority Leader Anthony Daniels says Supreme Court decision threaten to roll back decades of progress
State Representative Anthony Daniels (D-Huntsville), Minority Leader of the Alabama House of Representatives, released a statement on the landmark Supreme Court decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College. Daniels said he was concerned that the decision threatened to overturn decades of progress in the country. “We are an increasingly diverse country that is still grappling with a legacy of racism and the resultant and ongoing disparities based upon race,” said Leader Daniels. “Rather than encourage solutions to address those disparities, the Court today deepened them. It also widened existing and growing political divisions.” “Today’s Supreme Court ruling pretends these racial disparities don’t exist, despite overwhelming evidence that shows they impact test scores, student achievement, and access to educational and economic opportunity for so many individuals and families,” Daniels continued. “The irony is that at least two members of the majority are the direct beneficiaries of affirmative action and related policies.” Daniels continued. “Justice [Amy] Coney Barrett attended a law school with gender balance, and Justice [Clarence] Thomas benefitted from Yale’s affirmative action program. The fact that they benefited from these or related policies to put them on the path to career success (and the highest court in the land) but now want to erect a roadblock for others is not only disappointing, but it’s also downright wrong.” Daniels continued, “We desperately wish they could connect their individual stories of advancement to the promises that our Constitution is supposed to uphold for all. Simply put: your success story is not only a matter of where you came from. It’s also a matter of how you got there. This decision is deeply disappointing and terribly cynical. It threatens to roll back decades of progress in our educational institutions and our society. Sadly, it also reveals what some of us have long known – many qualified and privileged Americans either can’t or won’t recognize the opportunities afforded to them along the way.” “Furthermore, the majority opinion actually reveals that arguments for Affirmative Action must have some merit as it exempts military academies from the ban that it’s unilaterally applying to the rest of America,” said Daniels. “In the words of Justice Ketanji Brown Jackson, “The Court has come to rest on the bottom-line conclusion that racial diversity in higher education is only worth potentially preserving insofar as it might be needed to prepare Black Americans and other underrepresented minorities for success in the bunker, not the boardroom (a particularly awkward place to land, in light of the history the majority opts to ignore).” “Race is a fact of life in America,” concluded Daniels. “Again, as Justice Brown Jackson wrote, “Deeming race irrelevant in law does not make it so in life.” This decision means that educational institutions will now have to work harder to reflect the diversity of our country and the unifying values of equality and fairness that can never be taken for granted. And it’s up to us to help them do it.” Harvard Dean David N. Hempton responded to the news the Supreme Court had found against their admissions policy. Hempton wrote, “Today, the Supreme Court delivered its decision in Students for Fair Admissions v. President and Fellows of Harvard College. The Court held that Harvard College’s admissions system does not comply with the principles of the equal protection clause embodied in Title VI of the Civil Rights Act. The Court also ruled that colleges and universities may consider in admissions decisions “an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.” We will certainly comply with the Court’s decision.” “Harvard must always be a place of opportunity, a place whose doors remain open to those to whom they had long been closed, a place where many will have the chance to live dreams their parents or grandparents could not have dreamed,” Hempton said. “For almost a decade, Harvard has vigorously defended an admissions system that, as two federal courts ruled, fully complied with longstanding precedent. In the weeks and months ahead, drawing on the talent and expertise of our Harvard community, we will determine how to preserve, consistent with the Court’s new precedent, our essential values.” “Harvard must always be a place of opportunity, a place whose doors remain open to those to whom they had long been closed, a place where many will have the chance to live dreams their parents or grandparents could not have dreamed,” Hempton stated. “For almost a decade, Harvard has vigorously defended an admissions system that, as two federal courts ruled, fully complied with longstanding precedent. In the weeks and months ahead, drawing on the talent and expertise of our Harvard community, we will determine how to preserve, consistent with the Court’s new precedent, our essential values.” Colleges and universities across this country will have to review their admissions policies to ensure that they comply with this ruling and are not discriminating on the basis of race. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Gov. Kay Ivey signs tax cut legislation
Alabama Governor Kay Ivey signed legislation to cut state income taxes on hardworking hourly workers’ overtime pay. The governor said that today’s economy is hurting working families and businesses across the country. This is why she has committed to providing relief in the pocketbooks of Alabamians and supporting businesses while also being responsible with taxpayer dollars. House Bill 217 is sponsored by House Minority Leader Anthony Daniels (D-Huntsville). HB217 eliminates income taxes on all overtime pay for Alabama hourly workers. Prior to signing HB217, Governor Ivey added an executive amendment to remove the $25 million annual cap put on the bill by the Senate, move up the program’s sunset date to June 30, 2025, and add reporting requirements to better monitor the fiscal impact of the overtime-pay exemption on the State’s Education Trust Fund. Both Houses of the Legislature voted to concur with Gov. Ivey’s amendment on Tuesday. After signing HB217, as amended, Gov. Ivey issued a statement: “Today’s national economy presents challenges for working families, especially our blue-collar, hourly workers,” Gov. Ivey said. “The men and women of the Legislature, alongside my Administration, have worked diligently to provide relief to Alabamians wherever possible while also being mindful of the fact our budgets will not always be in a place of surplus. By eliminating state income taxes on all overtime pay, we are directly putting more hard-earned money into the pockets of our hardest, most dedicated workers and helping our employers overcome workforce shortages, which has become one of their biggest challenges. I appreciate Minority Leaders Daniels and the Legislature’s measured approach on this bill, and I’m proud to sign it into law.” HB217 is the first bill of its kind in the nation. It completely eliminates the state’s 5% tax on overtime pay, or state income tax for hours worked above 40 in a week by hourly waged workers. “This was a central component to our legislative agenda, the ‘Plan for Prosperity,’ to help the people of Alabama as they continue to deal with inflation and economic uncertainty,” Daniels said. “I believe that this will not only allow hard working Alabamians to keep more of what they earn, but it will also help businesses by helping them retain employees in a tight labor market.” Both Houses of the Legislature passed HB217 unanimously. Speaker of the House Nathaniel Ledbetter (R-Rainsville) told reporters: “When Leader Daniels brought that to me my reaction was that I wish I had thought of that myself. It is a win, win, win for the state.” “Certainly, I would like to thank my Republican colleagues for reaching across the aisle to help us get this bill over the finish line,” Daniels said. “The passage of this bill and the reduction in the state’s grocery tax show that legislators are truly listening to their constituents and taking meaningful action.” The passage of HB217, combined with passage of legislation that will gradually reduce the 4 percent state tax on groceries beginning in September, plus $150 per tax filer in immediate tax rebates, means that the 2023 legislative session produced the largest tax relief package in the history of the state of Alabama. The Alabama Constitution limits the regular legislative session to a maximum of thirty legislative days. Tuesday was the last day of the regular session. The next regular session will not begin until February 6, 2024, but Thursday’s Supreme Court ruling rejecting Alabama’s 2021 congressional redistricting makes it very likely that Gov. Ivey will have to call a second special session (the first addressed appropriating ARPA money) this fall to pass new congressional redistricting that complies with the Voting Rights Act of 1965. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Democratic leadership address the Supreme Court rejection of Alabama’s congressional redistricting
On Thursday, the United States Supreme Court ruled that Alabama must redraw the state’s congressional map to allow an additional Black majority district to account for the fact that the state is 27% Black. The Alabama House Democratic Caucus and the Alabama Legislative Black Caucus both applauded the ruling. Alabama House Minority Leader Anthony Daniels (D-Huntsville) said, “During a severely short and limited map-drawing process, our Caucus spoke at length about our view of the law and provided ways the state could craft at least two districts that reflect fair political opportunities for African American voters.” “We are therefore pleased that the Supreme Court affirmed the decision of the unanimous district court, which found the Alabama maps were discriminatory,” Daniels continued. “We stand ready to participate meaningfully with our colleagues to create a new map that fully complies with the law.” Rep. Terri Sewell wrote on Twitter, “Wow!!! The Supreme Court just upheld Section 2 of Voting Rights Act of 1965 and protected the voices of Black and minority voters. This is a historic victory not only for Black voters in Alabama, but for Democracy itself.” In a press release, Sewell said, “This is a historic victory, not only for Black voters in Alabama, but for Democracy itself. With this decision, the Supreme Court is saying loudly and clearly that the voices of minority voters matter and that fair representation must be upheld. I know that John Lewis and the Foot Soldiers of the Voting Rights Movement are smiling as they look down on us. Today, their sacrifice was rewarded. Our work is not over. We must continue the fight for fair representation by passing the John R. Lewis Voting Rights Advancement Act to restore the full protections of the Voting Rights Act of 1965.” State Senator Merika Coleman (D-Birmingham) is the Chair of the Alabama Legislative Black Caucus. “From the beginning of this case, we have strongly denounced racial gerrymandering and will continue our efforts to ensure that districts are drawn equitably and fairly,” said Sen. Coleman. “I applaud Chief Justice (John) Roberts for preserving Section 2 of the Voting Rights Act. This is a major victory for Black voters in Alabama, as well as the entire nation.” State Representative Napoleon Bracy, Jr. (D-Prichard) is the Vice Chair of the Alabama Black Legislative Caucus. “In a resounding victory for fair representation, the Supreme Court’s unexpected decision stands as a powerful testament to the importance of upholding the Voting Rights Act,” Rep. Bracy said. “By prohibiting racial gerrymandering in Alabama, the Court reaffirms the principle that every citizen’s voice deserves to be heard, regardless of their race. This ruling sends a clear message that political power should not be diluted through discriminatory practices, ensuring that the spirit of democracy remains strong and inclusive in Alabama.” In 2021, the Alabama state legislature produced new congressional maps which closely paralleled the previous 2012 redistricting with just one Black majority district. In a narrow 5-4 decision, the majority of the Court sided with the plaintiffs and affirmed that Section 2 of the Voting Rights Act requires the Alabama legislature to draw a second district where minority voters can elect a candidate of their choice. The decision will also have an impact across the South, as today’s decision clears the way for additional minority districts to be drawn in other states with challenged maps, like Georgia and Louisiana. “It is hard to imagine many more fundamental ‘prerequisites’ to voting than determining where to cast your ballot or who you are eligible to vote for,” Chief Justice John Roberts wrote. The 34-page decision in Milligan penned by Roberts recommits to the Voting Rights Act’s promise as the foundation for justice for all, not just some. Roberts was joined by Justices Sonia Sotomayor, Elena Kagan, Kentaji Brown Jackson, and Brett Kavanaugh. Jeff Loperfido is the Interim Chief Counsel for Voting Rights at the Southern Coalition for Social Justice. “This is a great day for democracy and for the voting rights of Black and Brown communities throughout the South who continue to be the targets of discriminatory laws that seek to silence their voices and stifle their growing political power,” said Loperfido. “The Court’s forceful repudiation of Alabama’s extreme and disingenuous ‘race-blind’ mapping theory is a testament to the important role the Voting Rights Act plays in rooting out discriminatory electoral practices.” The Legal Defense Fund (LDF), American Civil Liberties Union, ACLU of Alabama, Hogan Lovells LLP, and Wiggins, Childs, Pantazis, Fisher & Goldfarb brought the case in November 2021 on behalf of Evan Milligan, Khadidah Stone, Letetia Jackson, Shalela Dowdy, Greater Birmingham Ministries, and the Alabama State Conference of the NAACP. It was argued before the Court on Oct. 4, 2022. The case goes back to the three-judge panel of the Eleventh Circuit Court of Appeals in Atlanta that originally ruled against the State of Alabama. The Supreme Court had stayed its ruling last year at the request of Alabama Governor Kay Ivey, Alabama Attorney General Steve Marshall, and then-Secretary of State John Merrill. The three-judge panel will decide whether to order the Legislature to redraw the districts following the orders of the Court or order the state to adopt a zoning map drawn by the courts. Two alternative maps were presented to the Court by the plaintiffs. The easiest thing would be for the three judges to order the state to accept one of those maps. Whatever happens, Alabama’s Congressional maps will look substantially different than they are today by the end of the year. This will likely impact hundreds of thousands of Alabama voters. The major party primaries for the congressional districts will be on March 6. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Nathaniel Ledbetter says 2023 legislative session was ‘historic and significant’
On Tuesday, the Alabama Legislature met for the last time in the 2023 regular session. Speaker of the House Nathaniel Ledbetter (R-Rainsville) released a statement following the sine die adjournment of the 2023 regular session, describing it as one of the most important held in state history. “The 2023 legislative session will be remembered as one of the most historic and significant sessions in Alabama’s 204-year history, and I believe that decades from now, observers will look back and say that our state turned a crucial corner because of the work we accomplished here,” Speaker Ledbetter said. “In just three months, this Legislature allocated more than $1 billion in federal funding during a special session, passed record Education and General Fund budgets totaling $12 billion collectively, enacted the largest tax cut in Alabama history while taking a huge step toward abolishing the state grocery tax altogether, exempted taxes on overtime pay for our hard-working citizens, and approved unprecedented rebates for Alabama taxpayers.” “At the same time, we paid off millions in debt, wisely saved dollars for when the economy worsens, equipped law enforcement to fight the war on fentanyl, toughened early release requirements for inmates, reformed the state’s adoption process for the first time in 30 years, continued to expand mental health services, and passed dozens of other significant bills and measures,” Ledbetter continued. “If only a handful of these accomplishments had passed, the session would have been considered a success, but when you consider the size, scope, and significance of what we have done, almost any other session pales in comparison.” “Even more remarkable is the fact that we did all of this with brand new House leadership across the board, new committee chairmen, and 31 freshmen members,” Ledbetter continued. “Our members just worked together, and, in large part, our success can be attributed to the working relationship across the aisle.” “Every House member on both sides of the aisle deserves to be commended for their work over the past few months,” Ledbetter said. “We also worked seamlessly with the Senate leadership, the members upstairs, and Lieutenant Governor Ainsworth, and they certainly share in the credit.” The Alabama Constitution limits the Legislature to meeting a maximum of thirty days in a regular session. The Legislature used its maximum allotted days. Tuesday was day 30, so this was the last day that the Legislature could meet until February unless Governor Kay Ivey calls a second special session – the first was to appropriate $1.03 billion in American Rescue Plan Act dollars. The House of Representatives passed 14 bills on its last day and dealt with an estimated dozen bills that the Senate amended or were sent back to the Legislature from the Governor with an amendment. The most significant of these was legislation to exempt overtime pay from state income taxes. The Governor sent that legislation back to the Legislature with an amendment that removed the cap the Senate had placed on the bill and cut the sunset time in half. Gov. Ivey said that that was due to concerns about how that was to be administered. Both House approved the legislation as amended by the Governor. House Minority Leader Anthony Daniels introduced that tax cut. Ledbetter said that when Daniels brought that legislation to him, he was supportive. “I wish I had thought of that myself,” Ledbetter told reporters. “It’s a win, win, win for the state.” Republicans have a commanding majority in both Houses of the Alabama Legislature, so the GOP could pass any legislation they wanted to at any time simply by cloturing the minority. Ledbetter said that he preferred to work bipartisanly. “We only clotured two times,” Ledbetter said. “The first time I wish I had back, I moved too rapidly on that one. The second time they knew what was coming.” Ledbetter credited his relationship with Daniels working together when Ledbetter was the Majority Leader for the incredibly smooth process of this session. Ledbetter listed the appropriation of the ARPA dollars, cutting the taxes on food, reforming the state’s adoption laws, legislation to combat fentanyl, and improving mental health services as accomplishments. Ledbetter said the Legislature expanded school choice in the state by increasing the number of schools covered under the Accountability Act. “There will be more of that,” in future sessions, Ledbetter said of expanding school choice in future sessions. He also regretted that the ballot harvesting bill ultimately failed. One issue that never came up on the House floor this year was a lottery or legalization of casino gambling. Despite this, Ledbetter insisted that gambling was not dead forever. “We have an ad hoc committee meeting,” Ledbetter told reporters. “They report to me every two weeks.” Ledbetter said that he was providing the new members with information about gambling in this session; but that he expected legislation on gaming in a future session. The next legislative day will be February 6, 2024, though committees, task forces, and special commissions will meet periodically over the summer, fall, and winter, preparing for the 2024 Alabama Regular Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Committee cuts proposal to exempt overtime pay from income tax
A legislative committee on Wednesday gutted a proposal to exempt Alabama workers’ overtime pay from state income taxes after concerns arose about the potential loss to the education budget. The state House of Representatives had unanimously approved the legislation that would exempt all overtime from the calculation of gross income for state income tax purposes. The Senate Finance and Taxation Education Committee amended the bill so only the first $2,000 of overtime pay would be exempted. The state income tax is 5%. Finance and Taxation Chairman Arthur Orr expressed concern about the budget impact since lawmakers are also eyeing other tax cuts. The original bill would have cost the state a projected $45 million annually, but that would drop to $21 million with the change, according to estimates from the Legislative Services Agency. “I want to move slowly,” Orr said. “We’ve made a lot of decisions when it comes to tax cuts and tax credits.” House Minority Leader Anthony Daniels, the sponsor of the legislation, said he did not support the change. Daniels had argued that exempting overtime pay would allow working people to keep more of their pay. He said it would also help businesses entice workers to overtime shifts. The exemption would end in three years unless extended by lawmakers. Republished with the permission of The Associated Press.
Alabama legislators urge Air Force Secretary Frank Kendall to support congressional investigation into Space Command decision
On Tuesday, a bipartisan group of legislators in the Alabama House of Representatives sent a letter to U.S. Airforce Secretary Frank Kendall supporting the congressional investigation led by U.S. House Armed Services Committee Chairman Mike Rogers and Congressman Dale Strong. The letter was signed by Speaker of the House Nathaniel Ledbetter, House Minority Leader Anthony Daniels, House Majority Leader Scott Stadthagan, and Speaker Pro Tem. Chris Pringle, as well as Reps. Joe Lovvorn, Danny Garrett, Wes Kitchens, Laura Hall, Parker Moore, David Cole, Rex Reynolds, Andy Whitt, James Lomax, Ritchie Whorton, and Phillip Rigsby. An NBC news report released on May 15 claimed that President Joe Biden will intervene to keep the Pentagon from moving Space Command from Colorado to Huntsville. The President’s objections to the state of Alabama are reportedly due to the state’s ban on abortion. Many speculate that the real reason could be political in that Colorado voted for Biden in 2020, while Alabama did not. Below is the text included in the attached letter: “Dear Secretary Kendall, “As members of the Huntsville and Madison delegations of the Alabama House of Representatives, and as House leadership, we are writing to you in support of the House Committee on Armed Services’ investigation into the delay in implementing the recommendation to place U.S. Space Command (SPACECOM) Headquarters at Redstone Arsenal, which is being led by U.S. House Armed Services Committee Chairman Mike Rogers and Congressman Dale Strong.” “As you are aware, it has been made clear through multiple U.S. Air Force recommendations that the most strategic location for the U.S. Space Command headquarters is Redstone Arsenal in Huntsville, Alabama. The Government Accountability Office and Department of Defense Inspector General have both confirmed this recommendation was made through a sound process. Huntsville has the infrastructure, the workforce, the education system, engineering base, existing military and defense apparatus, and quality of life to be the ideal location for U.S. Space Command. This is why this site has received the unanimous number one recommendation from the U.S. Air Force.” “As representatives of the communities surrounding Redstone Arsenal in the Alabama House of Representatives, we felt the need to respectfully encourage you to support and comply with the congressional investigation into the delay of this critical national security decision. We are also concerned to learn the U.S. Department of Defense was not aware, and not involved, in this change. The people of Alabama and the United States of America need and deserve transparency on the apparently revised mission requirements of SPACECOM as it relates to its decision to locate its headquarters.” “A lengthy delay in making a decision this important to national security deserves Congressional oversight, and we are thankful that Congressmen Rogers and Strong recognized this need and are taking action by launching this investigation. We greatly appreciate your service to our nation and the role that the U.S. Air Force has in keeping our country, and the world, safe from threats, and we believe that you also appreciate the need for transparency and Congressional oversight.” On Friday, Fox News published a story detailing an announcement from Rogers that he is opening an investigation into the continued delays in the selection of a permanent base for the U.S. Space Command (SPACECOM) Headquarters. “Today, I launched an investigation into the continued delays in the SPACECOM Headquarters basing decision,” said Chairman Rogers. “The fact is, the Air Force already made the correct decision well over two years ago. That decision was affirmed by the GAO and the DoD Inspector General over a year ago. This decision was based on multiple factors, and Redstone Arsenal in Huntsville, Alabama, was the clear winner in the Evaluation and Selection phase. I am deeply concerned that the continued delays in making this move final are politically motivated and damaging to our national security.” “I have requested that House Armed Services Committee Chairman, Mike Rogers, open a formal investigation into the Biden Administration’s failure to announce a permanent location for U.S. Space Command (SPACECOM) Headquarters,” said Rep. Strong.“The Administration’s delay risks politicizing a process which must remain fact-based. Injecting politics into America’s basing decisions serves to do unprecedented harm to our national security. American men and women in uniform must be given the very best, not the third or fourth choice. Redstone Arsenal was chosen as the preferred location after a years-long process. The decision was later confirmed not just once, but twice with the results of the Government Accountability Office and Department of Defense Inspector General investigations. It is plain and simple: Redstone Arsenal is the best possible location to host U.S. Space Command headquarters. The Air Force’s basing process established this, and it was confirmed. I thank Chairman Rogers for agreeing to this investigation. The members of the House Armed Services Committee, and our service members awaiting a final basing decision, deserve answers and swift action from the Air Force.” The letter by the State Representatives followed the announcement of the investigation by Rogers. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama House advances tax rebates of $210 per taxpayer
The Alabama House of Representatives on Thursday unanimously approved a one-time rebate that would give $210 to single people and $420 to married couples. Alabama Gov. Kay Ivey and lawmakers proposed rebates to return money to taxpayers as the state sees a rare $2.8 billion education budget surplus but have quibbled over the amount. The proposed rebates are half the amount that Ivey proposed in her State of the State address earlier this year, but double what was approved in the Alabama Senate. “This will cover 1.9 million tax filers in the state, so it’s a lot of people that will benefit from this, certainly under the House bill, a lot more significantly than they would have under the Senate version,” Republican Rep. Danny Garrett, chairman of the House education budget committee, said. Representatives voted 101-0 for the legislation that now moves to the Alabama Senate. While the bill advanced without a dissenting vote, some lawmakers argued that the money will not go to those who need it the most — people who don’t file tax returns because they earn too little or are living off retirement benefits. The rebates would only go to people who filed tax returns for 2021. “That $420 will not make a difference in my life, but for that person that may be living from day-to-day on nothing but a Social Security retirement — that $210 or $420 will make a big difference,” said Rep. A.J. McCampbell, a Democrat from Livingston. Garrett said he understood the concerns, but said the legislation is essentially a refund to people who paid taxes. House Minority Leader Anthony Daniels, D-Huntsville, said he would have preferred the state to target the rebates to the people in the most financial need. But Daniels said he is glad the House increased the size of the rebate over the Senate proposal. The rebates would cost the state an estimated $546 million. Republished with the permission of The Associated Press.
House passed legislation to expand the scope of practice of optometrists
On Tuesday, the Alabama House of Representatives passed legislation that would expand local optometrists’ services. House Bill 349 (HB349) is sponsored by State Representative Danny Garrett. “1995 was the last time we expanded our optometry law in terms of scope of practice,” Garrett said. “A lot of things have changed since 1995. Nobody had smartphones then?” Garrett said that many things have also changed in optometry over the last 28 years. “What this bill does is very strictly limited,” Garrett said. “It allows optometrists to perform three procedures they are already trained to do.” Followers of the Alabama Legislature know that optometrists and ophthalmologists have been fighting for decades over the scope of practice that the state of Alabama will allow trained optometrists to do. “I have been carrying this legislation for seven years,” Garrett said. Garrett explained that this was also about giving citizens access to healthcare as 57 counties have an optometrist practicing there, but only 23 counties have an ophthalmologist. “This is a turf thing,” for the ophthalmologists Garrett said. “We haven’t seen an increase in ophthalmologists in Alabama. I have never seen a plan to expand ophthalmology in Alabama.” Garret explained that this legislation would not allow optometrists to make injections in the eyeball or perform eye surgeries. Rep. Mark Shirey is an optometrist. “We have to be trained under an ophthalmologist,” Shirey said. “The vaccines were suggested by the ophthalmologists.” Rep. Thomas Jackson said, “I have to drive 102 miles to see an ophthalmologist even though we have several optometrists who practice in Thomasville and Clarke County.” House Minority Leader Anthony Daniels said, “I have been here ten years dealing with the scope of practice, and I have not seen any expansion of access to ophthalmologists.” “When you compare this with other states, this is actually the most restrictive bill to expand the scope of practice, and they are still not satisfied,” Daniels said. “We have groups out there who are opposed to things just to be opposed to it.” “I have heard more from the opposition than I have heard in the last eight months,” Daniels continued. “There are always going to be fear tactics used. This is just how some of these folks operate.” “If you are not going to recruit more specialists to the state of Alabama, then these are the things that we are going to look at to provide access,” Daniels said. “I think it is a great piece of legislation. It is more restrictive than what I expected, but it is a start.” Daniels said that the procedures, including corrective lasers, are fairly simple. “I might be able to do that, not that I am seeking to expand the scope of practice to myself,” Daniels said, “The insurance companies that provide the malpractice insurance are not coming out against this. That they are not opposing this legislation makes me wonder what is the real issue here.” “The optometrists will tell you that there are six or seven procedures that ought to be on here,” Garrett said. “This would just allow optometrists to do what they are trained to do it, albeit on a very restricted basis.” Rep. Barry Forte said, “I represent District 84. I represent a lot of poor folks. I have one constituent; she is over 70 years old, and she has to go all the way to Dothan to get this procedure on her eyes. She is 50 miles from Dothan. She has to pay somebody to drive her all the way to Dothan to get this procedure. She lives only half a mile from the doctor’s (optometrist) office. This is the best bill I have ever seen.” Rep. Danny Crawford explained that he had to go out of state for an eye procedure because his optometrist wasn’t allowed to treat the problem. Crawford said, “It (the procedure) took ten minutes. I had to go out of state.” Rep. A.J. McCampbell said, “You may not be able to see if you wait for five or six weeks, as Rep. Crawford said. I have people who struggle to go to the grocery store. It takes my people an hour drive to get medical procedures done that they need.” The House passed HB349 83 to 6. The legislation now goes to the Senate for their consideration. Thursday will be day 20 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama House passes bipartisan $45 million in tax cuts bill
On Tuesday, the Alabama House of Representatives voted to pass legislation eliminating all state income taxes on workers getting paid overtime. The sponsor estimates this amount to be a $40 million income tax cut for hourly workers. House Bill 217 (HB217) is sponsored by House Minority Leader Anthony Daniels. “This will put money back into the local economy because those workers will spend that money in their local areas,” Daniels explained. “This helps the hourly workers.” Daniels was asked what states have this. “This is a new idea that has never been tested, which is why we have a three-year sunset in case we need to go back and look at this,” Daniels said. “A lot of employers say that their employers will not work overtime because of the tax hit that they receive. This will allow companies to increased production with a smaller workforce.” Rep. Barbara Drummond said, “You have created a box that no one else has. I applaud you for bringing this bill.” Rep. Danny Garrett said, “The three-year sunset is so that we have an opportunity to evaluate it.” “I think this gets our labor force participation and productivity up,” Garrett said. Rep. Napoleon Bracy said, “In my day job, I have a responsibility to hire 1,200 people in the next three years. It is very hard to find them. The craft workers at our facility work Monday through Thursday ten hours a day. They are off Friday, Saturday, and Sunday. It is real hard to get them to come in on their off days because the tax burden is so heavy on them.” “The hospitals are real excited about this,” Bracy added. “This lets us get more from the workers that we already have.” State Rep. John Rogers asked, “How much is this going to cost the employer?” Daniels said, “This will cost the employer nothing. For the employee, they will see less money taken from their checks.” Rogers asked, “This will help us with corrections officers?” Daniels said, “This will encourage them to work longer hours because they get to keep more of that money.” House Majority Leader Scott Stadthagen said, “This is what we are down here for to make a difference.” “From what I am hearing along the borders, they are losing workers to other states,” Daniels said. “This will help with that.” The House voted to adopt the committee sub. State Rep. Paul Lee asked, “What does an employer have to do?” Daniels answered, “They just don’t collect the tax after the first forty hours. There are no fines or fees with this.” “This will not go into effect this calendar year,” Daniels explained. “This will go into effect in the next calendar year.” “The cost will be about $45 million,” Daniels estimated. The lost revenue will come from the education trust fund (ETF) budget. “The local economy will benefit more from this than the state,” Daniels said. What workers would have paid in income taxes will be spent at local stores and businesses, so that will bring in $1.8 million in additional sales taxes.” Lee said, “This is a very good Republican bill, and I appreciate you bringing it.” HB217 passed the House of Representatives 105 to 0. 100 members signed on as cosponsors of this legislation. This legislation will now go to the Senate for their consideration. Wednesday will be day 17 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature votes to regulate psychoactive cannabinoids
On Wednesday, the Alabama Legislature approved legislation that set the minimum age to purchase psychoactive cannabinoids at 21. The House of Representatives made several changes to the legislation when they passed it on Tuesday. Specifically, the House voted to jettison a 5% tax on the products that the Senate had included in their version of the bill. The House substitute also added a requirement for stores to put those products out of the reach of children and in child-proof containers. On Wednesday afternoon, the Senate voted to concur with the House changes and send the legislation to the Governor. Senate Bill 66 (SB66) is sponsored by State Senator Tim Melson. It was carried in the Alabama House of Representatives by State Representative Russell Bedsole. Bedsole explained that the legislation deals with psychoactive cannabinoids: Delta 8 and Delta 10. “This legislation contains penalties if you are caught selling this,” Bedsole said. “There are penalties if you are caught in possession of these if you are under 21.” Bledsole explained that these products are packaged in such a way that they are designed and target children. “There is no oversight,” Bedsole said. “Oftentimes, the THC content is much higher than advertised on the packaging.” Rep. Juandalynn Givan said, “Thank you for bringing this. We have had some problems in Jefferson County with students purchasing candies and getting sick. We need to get a handle on what is going on with these candies. We had an incident with a young girl last week in Jefferson County who got really sick from one of these candies.” Givan said that these products sold on the shelves differ from marijuana. “The weed man is my friend,” Givan said. “This bill has nothing to do with the weed man. This is being sold in the open market in convenience stores on the shelf. There is also a problem with cough syrup and other products on the shelf.” “People don’t realize how dangerous these products are,” Bedsole said. “I hope there is a task force like Steve Marshall used to shut these bingos down,” Givan said. “I pray that there is a task force that goes into these stores.” Rep. Chris Sells said, “It is a great bill. I support anything that helps the children.” Rep. Anthony Daniels said, “I don’t understand why we have not to this point cracked down on this. It has had a negative impact on our communities.” Bedsole said, “Originally, this had a tax of five percent on it when it came out of the Senate. That tax has been removed.” “This product must be placed in a place not accessible to children,” Bedsole said. “This product should be behind the counter.” “There will be some form of community service for those below 21 found to be in possession,” Bedsole said, Rep. Barbara Drummond said, “I am so happy to see this bill as well as others that will come. I am for anything that we can do to protect children.” Rep. John Rogers asked, “How do you stop an adult from giving it to the kids?” “You can ask that question about so many laws that are on our books,” Bedsole answered. “We believe this bill is a good first step.” “The sub that came out of committee did not have an additional tax,” Bedsole said. The House voted to adopt the committee substitute 105 to 0. “I have a friendly amendment,” said Rep. Reed Ingram. “All the amendment does is that all the packaging has to be in a child-resistant container.” Bedsole replied, “I do consider the amendment to be a friendly amendment.” The House voted to adopt the Ingram amendment 105 to 0. Rep. Ron Bolton brought an amendment that raised the penalty for a third offense for violating this statute to $400. “The judge could still make the decision to require community service,” Bolton said. SB66 passed the House 105 to 0 On Wednesday, it returned to the Senate. Sen. Melson asked that the Senate concur with the House changes. “All they actually did was remove the tax that we had,” Melson said. “They also put it behind the counter and also put it in child-proof containers. I would like to concur with the House.” The full Senate voted to concur 33 to 0. SB66 now goes to the Governor for her consideration. Thursday will be day 18 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
