Inside the Statehouse: Legislative session begins this week. Legislator abolishes his own county.
Steve Flowers discusses the dangers of being a legislator.
Alabama legislative preview: Day 11 – Tuesday, February 13, 2018
The Legislative Session resumes Tuesday when the Alabama House of Representatives and the Alabama Senate both convene at 2:00 p.m. Here is what state legislators have on their plate Tuesday: House: Convenes Tuesday at 2:00 p.m. HB174: Public education employees, salary increase, including K-12 and certain other designated education institutions Sponsored by Tuscaloosa-Republican State Rep. Bill Poole HB175: Education budget, appropriations for the support, maintenance, and development of public education Sponsored by Tuscaloosa-Republican State Rep. Bill Poole HB176: Lyman Ward Military Academy, appropriation Sponsored by Tuscaloosa-Republican State Rep. Bill Poole HB177: Talladega College, appropriation Sponsored by Tuscaloosa-Republican State Rep. Bill Poole HB178: Tuskegee University, appropriation Sponsored by Tuscaloosa-Republican State Rep. Bill Poole HB179: Appropriations, supplemental appropriations for fiscal year ending September 30, 2018, Education Trust Fund Advancement and Technology Fund to the Department of Education and Alabama Community College System Sponsored by Tuscaloosa-Republican State Rep. Bill Poole HB180: Appropriations, supplemental appropriations for fiscal year 2018, from Education Trust Fund Sponsored by Tuscaloosa-Republican State Rep. Bill Poole HB321: Nursing facilities, supplemental privilege assessment and monthly surcharge for Medicaid extended, expiration under certain conditions, Sec. 40-26B-21 am’d. Sponsored by Ozark-Republican State Rep. Steve Clouse HB322: Hospitals, private hospital assessment and Medicaid funding program extended for fiscal year 2019, Secs. 40-26B-71, 40-26B-73, 40-26B77.1, 40-26B-79, 40-26B-80, 40-26B-81, 40-26B-82, 40-26B-84, 40-26B88 am’d. Sponsored by Ozark-Republican State Rep. Steve Clouse Senate: Convenes Tuesday at 2:00 p.m. The Alabama Senate has not yet released a proposed special order calendar. This post will be updated once one has been released.
State Senate passes monuments bill despite Dem outrage
The first item on Senate’s agenda Wednesday was the hotly contested bill from Sen. Gerald Allen known as the Alabama Heritage Preservation Act, which prohibits the removal of historical monuments and lays out the process by which municipalities can petition for waivers to remove such monuments. The item came up for discussion during Tuesday’s session, but debate was cut off after Pro Tem Del Marsh (R-Anniston) acknowledged that nothing would be accomplished due to a Democratic filibuster on the item. Marsh motioned for adjournment and the body commenced with discussion again as the session got underway Thursday morning. As Allen was recapping Tuesday’s activities, a cloture motion was made to cease discussion of the issue at 10:10 a.m. Immediately, Democrats began railing against the legislation and the motion for cloture. “Yet again, we’re about to let ‘Big Brother’ go in and tell municipalities what they can do,” said Sen. Bobby Singleton (D-Greensboro). “Remember, you are a party of less government and I can’t believe a cloture motion has been made on something such as this.” Sen. Hank Sanders (D-Selma) chimed in as well, noting that allowing Confederate monuments on public property gives the impression that all people should subscribe to the ideals held by those being memorialized. “This is about the legacy of slavery in many ways,” Sanders said. “The monuments they’re trying to protect are generally of people who supported slavery in one way or another. You know, slavery has long arms – it reaching all the way from the 17th, 18th and 19th centuries into the present.” “There was a time in this country where African-Americans were really just kind of abused like these bills abuse people,” said Sen. Rodger Smitherman (D-Birmingham). “We’re opening ourselves up for some very embarrassing exposure to the nation. I don’t want our state to get that kind of black eye.” By the time the three Democrats had finished speaking, time had expired for discussion on the bill. The bill passed by a vote of 22-9 down party lines.
Advocates for grandparents’ rights prepare for committee hearing
A group of parents, grandparents and doctors gathered outside of the Alabama state capitol today in preparation to throw their support behind the grandparents’ visitation bill which is set to go before the House Judiciary Committee. SB334 from Rep. Mike Jones (R-Andalusia) would allow grandparents, whose visitation rights have been revoked by family members, to prove by “clear and convincing” evidence that they have a relationship with the child in question. If that relationship is proven, a procedure would be established to reconnect grandparents and grandchildren. The group is an informal organization known as “Grandparents ROC (Rights of Children),” which has advocated for the rights of grandparents and children for the past two years. Dee Booker, who founded the organization, told a woeful tale of her own experience in losing access to her grandchildren. Booker said that her son was in the military and, after his death, his ex-wife cut off all access to Booker’s granddaughter. “The day I buried my son was the last time I saw my granddaughter,” Booker said. It was then that Booker began rallying for grandparent’s and children’ rights. “Alabama pretty much has no rights at all for grandparents and children,” Booker said. “We felt like we had to do something to see our grandkids.” Booker noted that she has watched similar legislation fail over the last two years, but hopes momentum is on her side this year.
Judge tentatively delays Mike Hubbard trial until March
The ethics trial for indicted House Speaker Mike Hubbard was pushed back until March, which will overlap with the 2016 legislative session, a judge said Monday. Lee County Circuit Judge Jacob Walker granted a defense request to delay the trial that had been set for October, saying he was doing so because of the number of documents involved. However, defense lawyers also objected to the new date, saying they could not be ready until early summer. Prosecutors and defense lawyers traded accusations during a hearing on a number of motions in the corruption case against the powerful Republican legislator from Auburn. Defense lawyers said prosecutors were being purposely difficult by doing a “data dump” of 2.5 million unindexed files during the discovery process. They said the files included irrelevant material and played a video that showed the bare backsides of two women dancing to highlight their argument. “The goal seems to be to make it as burdensome for us as possible,” defense lawyer Augusta Dowd told Walker. “We have to look at each file. The time consumed is enormous.” Prosecutors said they turned over everything because that is what defense lawyers sought and accused the defense of trying to delay the trial. “The defense is saying I’m looking at that blue sky, but it’s not blue,” lead prosecutor Matt Hart said. “The grand jury, they indicted Mr. Hubbard for being a corrupt legislator. … They deserve to have that resolved,” Hart said. Walker tentatively scheduled the case for March but asked lawyers to look at their trial calendars before naming a specific date. The 2016 legislative session begins in February. Defense lawyer Mark White would not say if the defense would object to the trial being held at the same time as the session where Hubbard would normally preside as speaker. However, defense lawyers told Walker they could not be ready before early summer, a likely sign that they will seek another delay. Hubbard faces 23 felony ethics counts accusing him of using his public offices as House speaker, and his former one as Alabama Republican Party chairman, to enrich his businesses. Hubbard and his wife, Susan, sat on the front row of the courtroom during the hearing. Hubbard’s defense last week filed a sealed challenge to the ethics law, according to courtroom discussions. The 2010 ethics law was one of the first acts passed by the GOP legislative majority that Hubbard helped sweep into office. Hart told Walker that the challenge should be filed openly even if Hubbard was “embarrassed” by challenging the ethics reform that he once championed. White said the filing was sealed because it included grand jury material. White said the defense challenge accuses prosecutors of misapplying the law in Hubbard’s case. Walker instructed the defense to publically file the challenge by Friday with the grand jury material redacted. The defense team scored a significant victory during the contentious hearing. Walker agreed to hold an evidentiary hearing in October on defense claims of prosecutor misconduct, including that prosecutors tainted the grand jury with their behavior. White said he wanted Walker to listen to audio tapes of the grand jury. “You can hear in the voice of Mr. Hart the venom he has for my client, Mr. Hubbard,” White said. The defense is expected to call multiple witnesses to the stand, including legislators who testified at the grand jury. “For us it’s a great day. It’s an absolute victory,” White said. Republished with permission of The Associated Press.
Del Marsh says Alabama lawmakers will vote on budget
Senate President Pro Tem Del Marsh says lawmakers will pass a general fund budget, but did not rule out adjourning the session early after it is passed. Marsh said Tuesday that lawmakers will concentrate their final meeting days on bills that could save money, or generate some funds, for the cash-strapped state general fund. However, the Republican senate leader cautioned the bills weren’t enough to make a “big change” in the budget that faces a $200 million shortfall next fiscal year. Marsh says senators anticipate voting on the budget Thursday. That would leave one meeting day remaining in the 2015 legislative session. Some legislators have discussed the possibility of adjourning the session Thursday. Marsh has said that was a possibility, but he wants to see lawmakers stay for the duration. Republished with permission of The Associated Press.
Legislative session enters home stretch with no budget fix
Alabama lawmakers on Tuesday begin the home stretch of the legislative session with their biggest challenge still unsolved: a shortfall in the general fund budget. There are four legislative meeting days remaining and so far no consensus on how to handle a projected $200 million shortfall in next year’s general fund budget. Legislators have been unable to agree on tax increases or on a proposal to shift some money from the education budget to avoid cuts to key state agencies. “I think most are resigned to a special session,” Senate Finance and Taxation General Fund Chairman Arthur Orr, a Republican of Decatur, said. The stalemate comes after months of negotiations by legislators on ways to fill the budget hole and warnings by Gov. Robert Bentley about the severe cuts to state services that will occur if they don’t. Lawmakers have rejected Bentley’s call for $541 million in new taxes. House GOP members temporarily backed a smaller $151 million tax increase but withdrew it after Senate leaders said GOP senators would oppose it. The session is expected to conclude next week, but by law must end by June 15. Here is a look at the status of other issues before lawmakers this session: Payday loans An effort to limit what payday lenders can charge on the short-term loans appears to be stalling again this legislative session. A House committee approved a bill that would give borrowers more time to repay a loan, taking the window from 14 days to six months. However, the bill has not gotten a vote on the House floor. Alabama Accountability Act Alabama lawmakers are close to making changes to a controversial school choice program that helps families pay for private school. A conference committee is considering the bill to expand the yearly cap on the tax credits that fuel the scholarships from $25 million to $30 million. It would also tighten income requirements on the scholarships and increase reporting requirements on the organizations that grant the scholarships. Abortion The bill that would ban abortion clinics within 2,000 feet of public K-12 schools has been approved by the House of Representatives but has not gotten a Senate vote. The bill would force a Huntsville abortion clinic, one of the state’s five abortion clinics, to move or close. Another House bill would ban abortions once a fetal heartbeat can be detected, which can happen as early as six weeks into a pregnancy, but has not gotten a floor vote. Marriage licenses/Gay marriage A bill, brought in response to the possibility of the U.S Supreme Court legalizing same-sex marriage, would get Alabama out of the marriage license business altogether. The bill would do away with current state marriage licenses issued by probate judges. Instead, couples would take a contract witnessed by a couple’s minister or attorney. The state Senate approved the bill but it has not gotten a House vote. Gambling A bill aimed at allowing a lottery and casinos in the state is dead for the session. The proposal did not get a floor vote in the Alabama Senate. In the final four days of the session, senators, under legislative rules, must unanimously agree to send approved Senate bills down to the House for consideration. The procedural hurdle dooms senators’ controversial bills in the final days of the session. Medical marijuana Like the gambling legislation, a Senate bill to allow the use of medicinal marijuana for certain illnesses and conditions, is also dead for the session because it did not get a Senate floor vote. The bill did get out of the Senate Judiciary Committee this year. Republished with permission of The Associated Press.
