Senate rejects due process for student discipline bill
On Tuesday, the Alabama Senate voted to reject controversial legislation that would have set up a formal due process standard for disciplining a child in an Alabama public school. Senate Bill 181 (SB181) is sponsored by State Senator Rodger Smitherman. The synopsis states, “This bill would provide a uniform statewide system of procedural due process protections relating to the suspension and expulsion of public school students for violating the student code of conduct or state law. This bill would also provide for the adoption of any necessary rules to implement this act by the State Board of Education.” The bill, after being amended, was voted down rapidly with no floor debate. Smitherman then took an hour of time during the next bill to voice his unhappiness with the Senate’s rejection of his legislation. “Last year, we passed the same bill out of the Senate almost unanimous,” Smitherman said. Last year the legislation failed in the House of Representatives. The legislation was staunchly opposed by Alabama School Superintendents and other education supporters. “It is obvious they did a good lobbying effort among our colleagues to kill the bill,” Smitherman said. “The school superintendents, they have elevated their power now to the point that they can convince all but eleven people that these children do not need due process.” “Those little children ain’t going to have anybody standing out there (in the Statehouse halls) talking for them,” Smitherman said. “Who is getting suspended? Who is getting so many days? and for what reason?” Smitherman said heavily, implying that school systems target Black students, particularly males, for discipline. “The teacher is the judge, jury, and executioner,” Smitherman said. “They (the accused children) don’t get the first benefit of the doubt,” Smitherman said. “They are guilty until they are proved innocent.” The most controversial element of Smitherman’s legislation was giving a student the right to face their accuser. The Greene County Superintendent testified before committee that students fear retaliation by other students, so a student who might tell a teacher that another child has a gun in school; would not come forward if her identity was revealed. Smitherman also opposes the mandatory kindergarten bill that would force a child who did not attend kindergarten as a five-year-old to be denied admission into first grade. He also opposes the Alabama Literacy Act provision that a child that can’t read at grade level by the end of the third grade will have to repeat third grade. “First, they want to hold them back in the first grade,” Smitherman said. “If they don’t get them there, then they want to hold them back in third grade. If they don’t get them there, then they use these discipline policies to suspend or expel them.” “They ain’t going to stay in school when they are 21,” Smitherman said. “If they don’t get an education, they ain’t gonna get a job. If they have no job, they can’t eat.” Smitherman called the schools a “pipeline to prison.” The Legislature is also concerned with criminal gangs operating within many Alabama schools. The Senate voted down SB181 11 to 20. Jabo Waggoner, Tom Butler, Arthur Orr, and Greg Reed were the only Republicans to vote for the bill. Billy Beasley was the only Democrat who voted against the legislation. The controversial legislation appears to be dead for this session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
72 bills have been prefiled ahead of 2023 regular session
The 2023 Alabama Regular Legislative Session begins on Tuesday. State Legislators are busy preparing for the legislative session by making the last touches on the bills they plan to sponsor in the upcoming weeks. Already 72 bills have been pre-filed ahead of the session. Alabama Today has begun examining these pieces of legislation. Twice we have reviewed ten of the most interesting of these pieces of legislation. This article looks at another ten. Senate Bill 26 is sponsored by State Sen. Merika Coleman. Under existing law, a private person may conduct a citizen’s arrest for certain public offenses. This bill would repeal an existing law authorizing a citizen’s arrest. This bill relating to the criminal procedure would repeal Section 15-10-7, Code of Alabama 1975, relating to arrests by private persons. SB26 would strike this section from current law: “(a) A private person may arrest another for any public offense: (1) Committed in his presence; (2) Where a felony has been committed, though not in his presence, by the person arrested; or (3) Where a felony has been committed and he has reasonable cause to believe that the person arrested committed it….” Senate Bill 22 was introduced by State Sen. Andrew Jones. Under existing law, each county and municipality must establish a local emergency management organization to maintain public safety within its territorial limits in the event of a natural or manmade disaster or public health emergency pursuant to the state emergency management plan. The local emergency management organization is administered by a director who operates under the control of the governing body of the county or municipality. The director receives an annual salary supplement from the Alabama Emergency Management Agency in an amount necessary to provide the director an annual salary of $40,000, provided the supplement is capped at $12,000. SB22 would revise the authority of local emergency management organizations relating to entering into contracts for supplies and services for disaster relief to authorize the letting of contracts outside of the parameters of the competitive bid law if certain conditions are met. This bill would increase the annual supplemental allocation to local organizations from the state Local Emergency Management Assistance Fund from $12,000 to $17,000, to be subsequently adjusted every five years by the Consumer Price Index. This bill would provide that coursework required for certification as a local emergency management director must be recommended by the Alabama Association of Emergency Managers and approved by the Director of the Alabama Emergency Management Agency. Senate Bill 24 is sponsored by State Sen. Greg Albritton. Under existing law, indemnification agreements in contracts for the professional services of a design professional or for the construction of a road or bridge are prohibited from requiring a party to the contract to indemnify, hold harmless, or defend another party to the contract for any damages arising from the negligent conduct of the party to be indemnified. SB24 would regulate indemnification agreements between parties to a construction contract to prohibit a party to a construction contract from being required to indemnify, hold harmless, or defend another party to the construction contract for liability caused by the sole negligence, or by the wantonness, recklessness, or intentional misconduct, of the party to be indemnified. This bill would also prohibit indemnification agreements in a construction contract from requiring a party to the contract to indemnify, hold harmless, or defend another party to the contract for that party’s own negligence unless certain requirements are met, including an agreement on the extent of the monetary limit of the indemnification. The bill would limit the indemnitor’s indemnification obligation to the agreed-upon monetary limitation and would require the indemnitor to obtain insurance for that amount. Senate Bill 17 is sponsored by State Sen. Tom Butler. Under existing law, the United States Army, United States Navy, United States Marine Corps, United States Air Force, and United States Coast Guard are collectively called the United States Armed Forces. This bill would provide that all references to the United States Armed Forces shall include the United States Space Force. Senate Bill 19 is sponsored by State Sen. William “Billy” Beasley. Under existing law, the Alabama Job Creation and Military Stability Commission is comprised of one retired senior member of the United States Armed Forces for each of the four major military facilities in Alabama: Redstone Arsenal, Anniston Army Depot, Maxwell Air Force Base including the Gunter Annex, and Fort Rucker. This bill would expand the membership of the commission to include a retired senior member of the Armed Forces for Fort Benning – which is actually in Georgia but is so close to the state line that military personnel at Fort Benning routinely live in Greater Phenix City, Alabama and beyond. Senate Bill 21 is sponsored by Sen. Linda Coleman-Madison. Under existing law, an individual who has lost their right to vote based upon a past criminal conviction may apply to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote under certain circumstances, including payment of all fines, court costs, fees, and victim restitution as ordered by the sentencing court and completion of probation or parole and release from compliance by the court or Board of Pardons and Paroles. This bill would eliminate the application requirement and the Certificate of Eligibility to Register to Vote and require the Board of Pardons and Paroles to determine whether an individual may have their right to vote restored if the individual has lost their right to vote because of conviction in a state or federal court and has been pardoned or released from incarceration or period of probation or parole. This bill would allow an indigent individual to have their right to vote restored if they have paid all fines and restitution and is in compliance with an approved payment plan for the payment of court costs and fees or an approved community service plan to offset the payment of court costs and fees. Senate Bill 13 is sponsored by Sen. Tim Melson. Under existing law, physical therapy may only be performed based on a referral from a licensed physician, dentist, chiropractor, physician assistant,
Lawmakers raise concerns, delay prison healthcare contract
Members of a legislative oversight committee on Thursday raised concerns about the Alabama prison system’s $1 billion inmate healthcare contract, questioning a state official about the cost, selection process, and lawsuits filed against an earlier version of the company. The Legislative Contract Review Committee put a 45-day hold on the contract between YesCare Corp and the Alabama Department of Corrections. The delay illustrates lawmakers’ discomfort with the contract but has little practical effect since the committee can’t void the agreement. The four 1/2-year contracts is scheduled to take effect on April 1. Democratic Rep. Chris England, a committee member, argued the contract should be canceled, saying he believed there was a “massive cloud” over the selection process. “We’re talking about a billion dollars. We are also talking about the Department of Corrections. Just based on recent activity, most if not all of the things that the Department of Corrections is involved in probably need to be looked at several times,” England said. A private practice attorney, who is defending the Alabama Department of Corrections in an ongoing lawsuit over inmate medical care, had been named to YesCare’s advisory board in June, according to a company statement. Mary-Coleman Roberts, acting general counsel for the Alabama Department of Corrections, defended the selection process. She said the bids had already been redone because of the concerns. The prison system had initially selected YesCare in July, but rescinded that decision. Roberts said there had been an allegation of improper communication with the selection committee, and although it did not involve the healthcare contract, it “looked bad.” She said they also discovered that Bill Lunsford, the attorney representing the prison system in the lawsuit over inmate care, had the offer to join the YesCare board. “We didn’t think he did anything wrong, but it was enough that we didn’t think it was fair,” said Roberts, adding that Lunsford is no longer joining the board. She said they shared information about the healthcare case with other vendors and added contract language to forbid an overlap of contractors and legal counsel. YesCare also won the second selection process. “We believe that YesCare would be a good partner for the state of Alabama,” Roberts said. She said she understood that there will “probably be some sticker shock with this price tag.” YesCare did not submit the lowest cost proposal, but they scored better for staffing and services, she said. The department did not release the scores or bids. The scoring summary for the bids will not become public record until the contract is executed, a spokeswoman for the Alabama Department of Corrections said last month. YesCare was formed out of Corizon, which previously provided healthcare services to the Alabama prison system and was the provider when a class action lawsuit was filed against the state over the quality of healthcare and mental health care. During the oversight committee meeting, Democratic Sen. Billy Beasley asked about litigation filed against YesCare and Corizon in other states. Blue Cross Blue Shield of Michigan sued Corizon over unpaid claims in 2022. “I don’t know that it would be a good idea for the state of Alabama to do business with those charged with litigation,” Beasley said. Republican Sen. Dan Roberts announced at the beginning of the meeting that the contract would be put on hold because of members’ concerns. “We respect the Alabama Legislature’s oversight role in reviewing contracts related to important state services like correctional healthcare,” YesCare CEO Sara Tirschwel said in a statement. “We will continue to work to address any questions on the part of committee members, and we look forward to returning to Alabama on April 1 to serve the people of the state.” The other companies that competed for the contract were Centurion, Vital Core, and Wexford. Wexford is the state’s current provider. Republished with the permission of the Associated Press.
Steve Flowers: Election year observations
This 2022 Election Year in Alabama has been monumental and memorable. Any gubernatorial year is big in the state. It is the brass ring of Alabama politics to be governor. However, the race to succeed our Senior Senator Richard Shelby has been the marquee contest. This year will be the last hurrah for our two leading political figures in the state. Senator Richard Shelby is retiring after 36 years in the U.S. Senate at age 88. Governor Kay Ivey will be elected to her final term as Governor at 78. An observation that occurred to me during the year that many of you may not know or realize is the power that Jimmy Rane, the legendary successful businessman from Abbeville, possesses. He is known to many Alabamians as the famous friendly giant sitting atop a horse as the Yella Fella on the ads of yesteryear promoting his Great Southern Wood Company. In my years of observing Alabama politics, I do not believe there has been an individual that has been the closest confidant and friend to the two most powerful political people in the state. Senator Shelby and Governor Ivey are unquestionably the two most powerful political people in the state, but they are arguably two of the most important political figures in modern Alabama political history. If you sat both Ivey and Shelby down and asked them to tell you their best friend and confidant, they both would probably say Jimmy Rane. Governor Ivey and Rane have been friends and allies since their college days at Auburn University 60 years ago. Shelby and Rane have been bonded for at least 36 years. As busy as Senator Shelby has been as one of the most important leaders in Washington and world affairs in the last ten years, a week does not go by that Shelby and Rane do not talk. Rane knows when Shelby has a cold before his wife Annette knows. Rane has been Ivey’s and Shelby’s benefactor and ally for not what they can do for him. He does not get anything out of his relationship with Shelby and Ivey. He is just their friend. He is also loyal to his hometown of Abbeville and Henry County. The Great Southern Wood is the main thing in Abbeville and a mainstay for the entire Wiregrass. His benevolence to his hometown is unparalleled. Another development I have watched this year is some good old-fashioned hardnosed hard work on the campaign trail by some of the 2022 candidates. It is understandable that those running for office on this year’s ballot would be on the campaign trail. However, one Twinkle Andress Cavanaugh, the President of the Public Service Commission, has canvassed the rural counties of Alabama more extensively than most of the successful candidates running statewide this year. And, folks, her name was not even on the ballot this year. She will run for reelection to the PSC Presidency in 2024. To say that she will be unbeatable for reelection to her post as head of the PSC would be an understatement. Twinkle Cavanaugh is probably the best-known political figure in the state going forward in the post-Richard Shelby/Kay Ivey era. She has run statewide numerous times and has been successful in most of those races. When you run that many times, you build a grassroots organization. Then you add that she has been Chairman of the Republican Party and a loyal supporter of popular past Republican presidents. She has not let any grass grow under her feet this year. She has watered that grassroots organization during this off-year with one-on-one visits, especially to the remote rural counties of the state. Her diligence will pay off in future years. She is still young and a good bet to be governor or U.S. Senator one day. Folks in Montgomery and throughout the state are glad to see State Senator Billy Beasley run again, successfully, for another term. He is one of the most well-liked and respected members of the upper chamber in the State Capitol. Billy is the only white Democrat in the Alabama Senate. Do not bet on his not running again in 2026. He is the youngest looking 82-year-old I have ever seen, and his brother Jere is the youngest 85-year-old I have ever seen. They must have pretty good genes. 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.
Steve Flowers: State Senate will have little turnover in 2022
2022 was anticipated to be an exciting competitive election year. However, it is going to be a yawn of a political year. If you thought there was no competition for the constitutional offices and the House of Representatives seats in next year’s elections, then you have not seen anything like the lack of turnover in the Alabama State Senate. Incumbency will prevail. In fact, the power of incumbency in the Alabama State Senate is on par with the incumbent return percentage for Congress, which is probably comparable to the Russian Communist Politburo. There are 35 state Senate seats; 27 of the 35 are held by Republicans. Out of the 27 Republican state senators, 24 are running for reelection, and all 24 probably will be reelected. Almost all of them have no opposition. The Democratic minority has just as high a reelection bar. Of the eight Democrats, seven probably will be running unopposed. The only Democrat not running will be Priscilla Dunn, who has not been to the Senate this entire four-year term. Most of the first-term State Senators have never met her. According to rumors, she is in poor health and cannot attend. The 150,000 people in Senate District 19 in Jefferson County have been without a voice or vote in the Alabama Senate for four years. The three retiring Republican State Senators are giants. Del Marsh, Jimmy Holley, and Jim McClendon’s shoes will be hard to fill. These three seats will be filled by new Republicans. The 27-8 super Republican majority will continue. State Senator Del Marsh (R-Anniston) has been a leader in the Senate for 23 years. He served as President Pro Tempore of the Senate most of that time. He ran a very effective ship of state. State Senator Jimmy Holley (R-Elba/Coffee) is an icon. He was a master of Senate rules. He also was a mentor to a good many young senators. State Senator Jim McClendon (R-St. Clair) will be sorely missed in the state senate. The gentleman from St. Clair served with honor and distinction for eight years in the State Senate and 12 years before that in the House of Representatives. This freshman class of senators has bonded and work cohesively with the veteran leaders. The Freshman Class includes Will Barfoot (R-Pike Road), Tom Butler (R-Huntsville), Sam Givhan (R-Huntsville), Dan Roberts (R-Jefferson), Garlan Gudger (R-Cullman), Randy Price (R-Lee), Donnie Chesteen (R-Geneva/Houston), David Sessions (R-Mobile), Jack Williams (R-Mobile), Chris Elliott (R-Baldwin) and Andrew Jones (R-Cherokee/Etowah). Senator April Weaver (R-Shelby/Bibb) won her seat recently when Cam Ward left to become head of Pardons and Paroles. April Weaver previously served in the House of Representatives. She is the only female GOP Senator. She has a bright future. All twelve of these new senators have done an excellent job, and all will be reelected. Ten of the twelve will probably run unopposed. There are some exceptionally talented and dedicated veterans in the Senate that will coast to reelection. Most, if not all, will be unopposed. This stellar group of legislative leaders includes President Pro Tem Greg Reed (R-Jasper/Walker), Senate Majority Leader Clay Scofield (R-Guntersville), Senator Clyde Chambliss (R-Autauga/Elmore), Senator Steve Livingston (R-Scottsboro/Jackson), Senator Shay Shelnutt (R-Jefferson), Senator Tom Whatley (R-Auburn/Lee), Senator Gerald Allen (R-Tuscaloosa), Senator Greg Albritton (R-Escambia) the Chairman of the Senate Finance General Fund, Senator Arthur Orr (R-Decatur) Chairman of Senate Finance Education, and last but certainly not least, the legendary Jabo Waggoner (R-Vestavia), who chairs the Senate Rules Committee. There will be some outstanding veteran Democrats returning to the State Senate. There are several giants, who include Senator Bobby Singleton (D-Greene), Senator Vivian Figures (D-Mobile), Senator Rodger Smitherman (D-Birmingham), and Senator Billy Beasley (D-Barbour). Senator Kirk Hatcher (D-Montgomery) is new to the senate. However, he bears watching. He is gregarious, likable, and a quick study. He will be effective for Capitol City. The senate abounds with outstanding leadership on both sides of the aisle. The lack of competition the members are garnering is a testament to their good work. This returning group of leaders could well portend for a successful future quadrennium. With this kind of experience and leadership, they will also be an independent group. They will not be a rubber stamp for the governor. 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.
Alabama prison plan heads to final vote in Legislature
Alabama lawmakers on Thursday continued to advance a $1.3 billion prison construction plan that would be partly funded with pandemic economic relief dollars, saying they are comfortable that the expenditure is allowed. The Senate Finance and Taxation Committee approved the construction plan and related financial bills, including using $400 million of the state’s $2.1 billion from the American Rescue Plan to pay for part of the construction. The approval put the bills in line for a final vote Friday in the Alabama Senate. Republican Sen. Greg Albritton said the $400 million for prisons is a necessary expenditure and represents a fraction of the billions in pandemic relief dollars that have come into the state, payments ranging from stimulus and unemployment for individuals to grants for government. “Alabama’s need on the prison matter is acute, and it’s necessary,” Albritton said. Democratic Sen. Linda Coleman-Madison said she believed some of the money should go to the “self-contained petri dish” that prisons are but questioned whether the state had done enough for health care services. “I’m concerned right now about hospitals closing, especially in rural areas. When hospitals close in rural areas, that’s a long distance for people to travel and a loss of lives, possibly,” Coleman-Madison said. The $400 million comes from a segment of the American Rescue Plan funds that provides money to replace revenue lost during the pandemic. The Treasury Department said the money can be used for infrastructure and to strengthen support for vital public services. “Now without saying, ‘Yes, Alabama, you can build a prison,’ I think that pretty clearly says, ‘Yes, Alabama, you can build a prison,’” Kirk Fulford, deputy director of the Legislative Services Agency, told lawmakers during a presentation. The proposal calls for at least three new prisons — one with at least 4,000 beds in Elmore County that would have enhanced space for medical and mental health care needs, another with at least 4,000 beds in Escambia County, and a women’s prison — as well as renovations to existing facilities. Six existing prisons would eventually close, a prospect that has brought objections from some lawmakers. Sen. Democratic Sen. Billy Beasley of Clayton said his district has three prisons, all recruited to provide jobs in the isolated rural area. “If I lose my facilities, then it’s going to be a devastating blow to the economy of Clayton and Clio and Barbour County, for that matter — and Bullock County,” Beasley said. Beasley also unsuccessfully tried to decrease the maximum number of inmates the prisons would house, questioning the feasibility of safely running and staffing two 4,000-bed prisons. The committee tabled the proposed amendment. “I think it’s in the best interest of the correctional officers. I think it’s in the best interest of the inmates,” Beasley said of having smaller prisons. To pay for construction, the state would also borrow $785 million through a bond issue and tap $150 million in general fund dollars. Republished with the permission of the Associated Press.
Let them eat cake: Alabama lawmakers name official state cake
Alabama has an official bird, official folk dance and official nut, and as of last April even an official crustacean. Now the Yellowhammer state could soon have an official state cake. With regular session wrapping up next week, Alabama lawmakers are in a time crunch to tackle several important issues, but that didn’t stop a Thursday night vote in the House of Representatives from seemingly much less pressing task — naming the Lane Cake as the Alabama’s official cake. The cake, mentioned in Alabama-native Harper Lee’s famous novel “To Kill a Mocking Bird,” dates back to the 1800’s. Said to have been invented by a woman from Clayton — by the initiative‘s sponsor, Clayton’s Democratic Sen. Billy Beasley‘s wife’s grandmother — the layered sponge cake dessert is made with pecans, coconut flakes, raisins and sometimes a splash of spiked bourbon. The bill now goes to Alabama Gov. Robert Bentley for his signature.
VictoryLand electronic bingo machine bill fails in Senate
A bill that would have allowed electronic gambling machines at VictoryLand dog track failed on a procedural vote Tuesday night in the Alabama Senate. Filed by Sen. Billy Beasley (D-Clayton), SB320 — which would allow VictoryLand in Macon County to operate the same bingo machines being used by the Poarch Creek Indians at casinos in Wetumpka, Atmore and Montgomery — was narrowly supported 14-13 for debate, however, a three-fifths majority is required to debate bills before lawmakers pass state budgets. Beasley said the bill would stand to reinforce the current amendment allowing bingo in the county and help to recoup the more than 2,000 jobs lost when the gambling hall was closed down. Late last month, the Alabama Supreme Court ruled once again that electronic bingo is illegal in the Yellowhammer state, making the bill’s passage necessary to continue operations at VictoryLand. VictoryLand owner Milton McGregor has said he plans to reopen despite losing a three-year legal battle over the legality of electronic bingo machines. The VictoryLand bill was the second electronic bingo bill to fall short in the Alabama Senate this month. Last week, a proposal by Sen. Bobby Singleton (D-Greensboro) to add an amendment to the state constitution that would keep GreeneTrack’s bingo casino operational failed by four votes shy of the necessary 21.
