Redistricting plan goes to a conference committee
On Friday, the Alabama House of Representatives passed a Republican congressional redistricting plan that it hopes will comply with the Voting Rights Act of 1965. The Alabama Senate voted 30 to 0 to non-concur with the House plan. The redistricting plan has been referred to a conference committee to produce a compromise version that is acceptable to both Houses of the Legislature. For redistricting to pass out of the Legislature, the six-member conference committee has to reach a compromise. Then both Houses of the Legislature must vote to concur with the findings of the conference committee. Senate Bill 5 is sponsored by State Senator Steve Livingston (R-Scottsboro). The bill was carried in the House of Representatives by State Representative Chris Pringle (R-Mobile). Both Livingston and Pringle have introduced competing versions of the redistricting bill. The version of the bill that passed in the House is the Pringle version, the community of interest plan. Pringle’s plan would redraw Alabama’s Second Congressional District, currently represented by Congressman Barry Moore (R-AL02), to increase the Black voting age population in CD2 from 30% of the population to over 42%. Senate Democrats have introduced multiple plans that would produce two majority-minority districts. Livingston’s competing plan passed out of the Senate on Wednesday. Pringle says that his plan’s CD2 would meet the Supreme Court’s ruling that the state provides an opportunity for Blacks to pick a candidate of their choice. Democrats disagree. “You are giving me an opportunity to lose,” said Senate Minority Leader Bobby Singleton (D-Greensboro). “There ain’t no opportunity there for Blacks or Democrats in that district,” said Sen. Rodger Smitherman (D-Birmingham). Democrats maintain that it is necessary for there to be two majority-minority congressional districts for Black voters to have an opportunity to choose their own representation. They also maintain that that is what the court intended. Sen. Merika Coleman (D-Birmingham) said, “I contend that for African Americans to choose the candidate of their choice that we have to have a majority of African-Americans.” “It is irresponsible for the legislature to do what it is doing,” Coleman said. “The court ordered two districts that have 50% African Americans.” “The three-judge panel said that a proper remedy could consist of two majority-minority districts or quite close to it,” said Rep. Artis “A.J.” McCampbell (D-Livingston). The House of Representatives passed SB5 76 to 26. The Senate, in their own debate on redistricting, then voted 30 to 0 to concur with the House version of SB5 and go to a conference committee. Senate President Pro Tempore Greg Reed (R-Jasper) appointed Sens. Livingston, Smitherman, and Clay Scofield (R-Guntersville) to the conference committee. Speaker of the House Nathaniel Ledbetter (R-Rainsville) appointed Pringle, Chris England (D-Tuscaloosa), and Chris Sells (R-Greenville) to the conference committee. Both Houses of the Legislature will return on Friday afternoon, presumably to vote on the conference committee report. 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.
Bill filed to eliminate Class D felony classification
On Thursday, legislation was filed to repeal the 2015 sentencing reform legislation creating the Class D felony. The Class D felony was created by 2015 legislation to steer low-level offenders away from prison. House Bill 271 (HB271) is sponsored by State Rep. Chris Sells. HB271 has 48 Republican cosponsors, including House Majority Leader Scott Stadthagen. Crimes in Alabama are divided between felonies and misdemeanors. Felonies are further subdivided into four categories: Class A, B, C, and D. A Class D felony carries a standard sentence of between 366 days to five years, while a Class C felony carries a standard sentence of between 366 days to ten years. Class D offenses include theft of between $500 and $1500, illicit use of a credit card, and, perhaps most commonly, possession of illegal drugs for personal use. Offenders convicted of a Class D felony, however, must receive a split sentence, with some time on probation, unless they have already been sentenced to drug court, probation only, or a pretrial diversion program or have a prior conviction for a Class A, B, or C felony. Class D felons must be sent to a community corrections jail alternative, while Class C felons may be in prison, a jail-type alternative, or a treatment facility. Class C felons may also be confined in a community corrections program, while Class D felons must be sent to this type of jail alternative. HB271 “would eliminate the Class D felony classification and reclassify current Class D felony offenses. This bill would repeal Class D felony offenses created by Act 2015-185 and any criminal offense classified as a Class D felony offense. This bill would require the Alabama Sentencing Commission to immediately modify its standards, worksheets, and instructions necessary to comply with current law.” The creation of the Class D felony was a product of then-Governor Robert Bentley’s prison reform task force. The sentencing reform legislation, Senate Bill 67, was passed in 2015 to address the problem of overcrowding in the Alabama Department of Corrections (ADOC). The 2015 reforms did alleviate (at least for a time) prison overcrowding but have not been popular with county sheriffs and local law enforcement. At the time, the legislation was hailed by both the conservative-leaning Alabama Policy Institute and the left-leaning American Civil Liberties Union (ACLU) of Alabama as a necessary step forward to address the state’s perceived over-incarceration problem. SB67 passed the Senate 27 to 0 and the House 100 to 5 in 2015. Alabama presently has a new mega-prison under construction in Elmore County, and ADOC is doing site work for a second mega-prison in Escambia County. HB271 has been referred to the House Judiciary Committee. Tuesday will be day 8 of the 2023 Alabama Regular Legislative Session. The Alabama Constitution limits regular sessions to no more than 30 legislative days. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Nathaniel Ledbetter announces third round of committee chairmanships
State Rep. Nathaniel Ledbetter announced his third round of intended committee chair appointments on Wednesday. Ledbetter was chosen to be the next Speaker of the House in November by the Alabama House Republican Caucus – which holds a commanding supermajority in the Alabama House of Representatives. The Republicans hold a 77 to 28 supermajority in the Alabama House of Representatives, so the selection of the House Republican Caucus will almost certainly be elected as the next Speaker of the House when the Legislature meets for its organizational session in January. Ledbetter has appointed Rep. Ginny Shaver as Chair of the Children and Senior Advocacy Committee. Ledbetter also appointed Rep. Chris Blackshear to chair the Financial Services Committee. Rep. Matt Simpson was appointed to chair the House Ethics and Campaign Finance Committee. Simpson is an attorney and former prosecutor. Rep. David Standridge will chair the Rural and Urban Development Committee. Standridge is the longtime chair of the House Rural Caucus. Rep. Corley Ellis was appointed to chair the House Insurance Committee. State Rep. Chris Sells will serve as the chairman of the State Government Committee. State Rep. Andy Whitt will be the chairman of the Economic Development and Tourism Committee. State Rep. Allen Treadaway will continue to chair the Public Safety and Homeland Security Committee. Treadaway is a retired Birmingham City assistant police chief. “These appointments represent a mix of veteran chairs with valuable experience and newly appointed members of the leadership team with fresh perspectives,” Ledbetter said. “All of them have the knowledge and skills necessary to lead their committees and ensure that bills and measures are well vetted before reaching the House floor.” All of Ledbetter’s appointments will formally go into effect once he is elevated to Speaker once the full body is in session for the organizational session. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
Alabama House committee approves bills benefitting state employees
Alabama state employees could receive pay increases and one-time, lump-sum retirement contributions based on a package of bills under consideration. House Bill 202 and companion legislation Senate Bill 110 are calling for 4% salary increases for employees in the state’s next fiscal year that begins October 1. Lawmakers this legislative cycle also have introduced HB 404 and SB 111, which would provide retirees with a one-time bonus check if ultimately adopted. The proposal also has been referred to as a longevity bonus. Based on the draft language, the lump sump pay would be based on a formula of $2 per month for each year of service the retiree attained while on the state payroll. The provision applies to past employees who retired prior to March 1. The bills were most recently discussed at the state House Ways and Means Committee on March 9 and received favorable votes on a third reading. State Sen. Greg Albritton, R-Atmore, is the sponsor of SB 110 and SB 111. He spoke to his House colleagues at the recent meeting about the bills, particularly the call to increase base wages. “I think this bill is very much needed, especially when you consider the increased costs,” Albritton said of HB 202 and SB 110. On the House side, state Rep. Kelvin Lawrence, D-Hayneville, is the sponsor of HB 202, and state Rep. Chris Sells, R-Greenville, is the sponsor of HB 404. State officials have offered analyses on the fiscal impact of each of the legislative proposals. The 4% pay bump naturally would impact one of the state’s largest expense line items – personnel. “This bill will increase the personnel costs of state agencies by an estimated $87.8 million in fiscal year 2023, with an estimated $27.7 million of this increase paid from the state general fund,” financial analyst J.T. Mathis wrote in a fiscal note. The impact of the one-time lump sum payout to retirees has a more complex impact on the state’s bottom line. “According to the actuary for the Retirement Systems of Alabama, this bonus will cost an estimated total of $15 million, of which the state general fund portion is estimated at $4.2 million,” analyst Daniel Davenport wrote in a fiscal note. Moreover, in FY 2024, Davenport wrote the rate for recipients into the state Employees’ Retirement System “will increase by 0.98% of payroll for state employees, and the ERS employer rate paid by state agencies will increase by 1.18% for state police” if the bill is adopted in its current draft form. Republished with the permission of The Center Square.
Steve Flowers: Incumbency prevails in 2022 State House races
Folks, believe it or not, we are closing in on six months before next year’s election year. The primary election is set for May 24, 2022. In Alabama, all our major constitutional officers are on the ballot next year. The governor’s office is the premier race in the state, and that coveted and powerful post is set for its four-year quadrennial run. Therefore, this big political year is referred to as the gubernatorial year. Those of us who follow Alabama politics have been salivating with anticipation for a cavalcade of great races. However, the power of incumbency has devasted the big year into a yawn. All the major state offices are held by popular incumbents, who are either running unopposed or have minimal opposition. The consolation prize was that there would be the legislative races. After all, this is where the real power in the state rests. You can simply look at where the special interest and PAC money is spent to verify that fact. However, the omnipotent power of incumbency has also encroached on those races. The Alabama House of Representatives has 105 members. There are 77 Republicans and 28 Democrats. The large majority of incumbents are running for reelection – both Republicans and Democrats. The overwhelming majority of these incumbents will have no opposition. However, in the House, there will be some major changes in leadership because of retirement or moving on to new posts. Speaker of the House Mac McCutcheon is not running for reelection. This has created an interesting and spirited race within the Republican Caucus ranks for Speaker. In addition, Victor Gaston of Mobile, who is Speaker Pro Tem, is also retiring. Bill Poole of Tuscaloosa, who chaired the powerful House Ways and Means Education Budget Committee, has left the House to be the State Finance Director. House Rules Committee Chairman Mike Jones of Andalusia is running for the open Senate seat of retiring Senator Jimmy Holley. Two of the freshman House members are running for statewide office. Wes Allen of Troy is running for Secretary of State, and Andrew Sorrell of Tuscumbia is running for State Auditor. In addition, Connie Rowe of Jasper is leaving the House to become an administrative assistant to Lt. Gov. Will Ainsworth. Some of the veteran House members who are choosing to hang up their legislative cleats include Howard Sanderford of Huntsville, Mike Ball of Huntsville, K.L. Brown of Jacksonville, Kerry Rich of Marshall, Allen Farley of Jefferson, Harry Shiver of Baldwin, Mike Holmes of Elmore, and Becky Nordgren of Etowah. The most noteworthy retiree may be Representative Steve McMillan of Baldwin County, who is retiring after serving close to 43 years in the House. Steve has been a quiet yet very effective voice for the people of Baldwin County. They all will be missed. Some of the high profile and powerful members of the House, who will return for another four years with no or token opposition, are Steve Clouse of Ozark, Nathaniel Ledbetter of Dekalb County, and Danny Garrett, Jim Carns, David Wheeler, and David Faulkner of Jefferson. Danny Garrett has ascended to Chairman of the House Ways and Means Education. Other leaders returning are Chris Pringle, Reed Ingram, Randall Shedd, Tracy Estes, Chris Sells, David Standridge, Ginny Shaver, Jim Hill, Alan Baker, Joe Lovvorn, Chris Blackshear, Kyle South, Paul Lee, Jeff Sorrells, Rhett Marques, Steve Hurst, Joe Faust, and Margie Wilcox. The Democratic leadership will remain intact. There is an illustrious array of House Democratic leaders, including Anthony Daniels, Chris England, Laura Hall, Peb Warren, Barbara Boyd, A.J. McCampbell, Berry Forte, Dexter Grimsley, Thomas Jackson, Kevin Lawrence, Mary Moore, Juandalynn Givan, and veteran John Rogers. Two of the Democratic House veterans from Jefferson County, Louise Alexander and Merika Coleman, are both running for an open Jefferson County Senate Seat, leaving both their House seats up for grabs. There may be an increase in the number of females in the House of Representatives. It has already begun with the election of Cynthia Almond of Tuscaloosa, who was elected without opposition to replace Bill Poole. In addition, Patrice Penni McClammy won the Montgomery District 76 seat of her late father, Thad McClammy. She won with no opposition. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama papers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Montgomery approves occupational tax
There is a bill pending in the legislature which would prevent the occupational tax from taking effect.
Lawmakers, cities clash on occupational tax, local control
The measure comes as the city of Montgomery weighs the creation of an occupational tax.
House passes limit to cities’ ability to levy occupational taxes
The measure comes as the city of Montgomery explores the possibility of creating a 1% occupational tax.
