State gun laws fix take effect this week
A slew of new laws restricting access to guns for mentally ill Alabamians took effect on Tuesday. Residents convicted of any state designated “crime of violence”; misdemeanor domestic violence; or anyone adjudicated mentally unsound or under order of protection can now no longer legally purchase a gun. All residents involuntarily committed for mental illness-related reasons must now be reported to the state by local probate judges (a decision which can be appealed), as must anyone awarded a “not guilty” verdict in a criminal case using an insanity defense. Tuscaloosa state Rep. Chris England – who proposed the law signed over the summer by Gov. Robert Bentley – told AL.com the laws weren’t meant to rein in access specifically for Alabama residents, but rather to bring state statute in line with federal law so the statutes can be enforced by local law enforcement. The legislation “expands it to where the feds already are and hopefully will provide further protection for those in domestic violence situations or prevent those with a mental illness from legally purchasing a weapon,” the Republican lawmaker said. The now-enacted bill also contains two expansions of Yellowhammer State residents’ rights to bear arms: minors are now legally allowed to carry a pistol for training or hunting purposes or for organized competitions; and employees – public or private sector – are now cleared to keep a firearm in their personal vehicle while parked or operated in a parking lot. The new law also gives teeth to one already extant, but unenforced state statute. Carrying a firearm into a facility marked with guards, barriers and signs to the effect of prohibiting firearms is now punishable as a Class C misdemeanor.
Alabama legislative week in review: May 26-28
The 26th legislative day ended with reports from House and Senate lawmakers that an August Special Session is likely in order to finish discussions on overcoming the states short-term and long-term budget shortfalls. Agenda items before lawmakers in August could include Senate President Pro Tem Del Marsh’s lottery and gaming proposal, various measures to increase state revenue, and a controversial proposal from Sen. Gerald Dial to eliminate earmarks and unify the education and general fund budgets. At a public hearing on Wednesday, agency chiefs outlined a list of horrible outcomes — from prison closures to shortages in mental health services — should the austere general fund budget come to fruition. Despite those concerns, lawmakers gave the budget proposal a favorable report by a vote of 13-0, moving the stripped-down budget closer to reality. Here is a quick week in review going through all of the major headlines from this week’s legislative agenda: Alabama lawmakers offered a final unanimous vote on a bill that would allow physicians to prescribe terminally ill patients promising, but unapproved medical treatments. House Bill 463, known as the Right to Try Act, allows doctors caring for people with terminal illnesses to prescribe medications that the Food and Drug Administration has deemed promising, but not yet ready for mass consumption. Thursday’s vote makes Alabama one of at least 12 states that have passed right to try legislation this year. • • • The Alabama House passed a bill to establish integrated care networks to allow more Medicaid recipients to stay in their homes instead of nursing homes. • • • The House also voted 68-26 to expand the Alabama Accountability Act and tighten restrictions on scholarships and the groups that distribute them.’ • • • Gov. Robert Bentley appointed the state’s first commission to oversee Alabama’s 25 community and technical colleges. Lawmakers say the eight-member commission will help schools to focus on developing more specialized training programs and preparing entry-level employees to meet growing workforce demands. • • • The House Judiciary committee offered a favorable report on House Bill 657, to ban employment discrimination on the basis of “immutable” characteristics that do not effect job performance. Bill sponsor Rep. Mike Ball said that the measure would protect differences in gender expression, gender identity and sexual orientation. The following day, lawmakers blocked House Bill 615, Rep. Chris England’s proposal to establish civil rights protections against any discrimination based on sexual orientation, gender identity, or familiar status.
House Judiciary panel blocks LGBT civil rights bill
On Wednesday, members of the public were prepared to weigh in on Rep. Chris England’s proposal to expand civil rights protections to include more members of the LGBT community. However, at the last minute, House Judiciary Committee Chairman Mike Jones announced that the public hearing had been cancelled. The committee voted instead to carry House Bill 615 over for further discussion. HB 615 would establish civil rights protections against any discrimination based on sexual orientation, gender identity, or familiar status. England said that each characteristic identified in the bill – race, class, and religion, for example – had been because the group had suffered some form of discrimination. England told lawmakers, “There has been some history that if it isn’t enumerated, it isn’t protected.” Rep. Merika Coleman-Evans offered her support of the bill, saying, “It would be nice for Alabama to be at the beginning of the trend and not always at the tail end.” However, other lawmakers expressed concerns over whether the language in HB 615 could be challenged in the courts. “I would like to table this until we’ve had more time for discussion,” Rep. David Faulkner said. “This bill came very late and it raises some very big issues.” England’s bill is one of two civil rights bills that committee members discussed this week. On Tuesday, the panel gave a favorable report to House Bill 657, companion legislation to a proposal filed last week by Sen. Del Marsh to ban discrimination against state employees on the basis of “immutable” characteristics unrelated to a person’s job performance.
Alabama legislative agenda preview: May 26-28
Tuesday will be the 25th Legislative Day for Alabama lawmakers, leaving just five more days for the legislature to pass a general fund budget. Sen. Gerald Dial has filed a constitutional amendment to unify the education and general fund budgets for future years in an effort to solve the long-term imbalance in funding between the two funding pools. While an earlier proposal filed in the Senate would allow the two funds to share growth revenue, Senate Bill 502 would create a single budget without any earmarks for specific programs or budget items. The Senate finance and taxation panel is expected to vote on the proposal on Tuesday at 1:00 pm. We may see more news from the Senate on Tuesday as Senate President Pro Tem Del Marsh confirmed plans to bring his lottery and gaming proposal to the floor for a vote. House members are scheduled to vote Tuesday on House Bill 664, a plan from Sen. Jabo Waggoner to allow members of the Alabama Public Charter School Commission to be appointed by the Governor, Lieutenant Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives rather than the state board of education. According to the House special order calendar, members are also scheduled to vote Tuesday on bills to allow age-appropriate sexual abuse awareness programs in public schools, establish greater protection for victims of domestic violence, and a measure to block abortion clinics from operating near public schools. Here are a few of the items on committee agendas this week: … The House Judiciary committee will consider two bills this week to strengthen civil rights protections in the LGBT community. On Tuesday, the panel will hear public comment on House Bill 657, companion legislation to a proposal filed last week by Sen. Del Marsh to ban employment discrimination on the basis of gender expression, gender identity and sexual orientation. The next day, lawmakers will hold a public hearing on House Bill 615, Rep. Chris England’s proposal to establish civil rights protections against any discrimination based on sexual orientation, gender identity, or familiar status. … The House committee on public safety is scheduled to vote on House Bill 261, the companion bill to Senate Bill 468, also known as the Alabama Dog Tethering and Outdoor Shelter Act. Rep. Steve McMillan brought the bill to make it illegal for dog owners to tie their pets to stationary objects and says that any pet kept outside must have adequate food, water, and shelter.
