Legislature sends the Yellowhammer cookie legislation to Gov. Kay Ivey
On Wednesday, the Alabama Senate voted unanimously to make the Yellowhammer cookie the official cookie of the state of Alabama. The Yellowhammer cookie is the creation of Mary Claire Cook, a fourth-grade student at Trinity Presbyterian School in Montgomery, with some help from her grandmother. The students at Trinity were studying state symbols when they learned that Alabama did not have an official state-designated cookie, so they endeavored to create one. House Bill 421 (HB421) is sponsored by State Representative Reed Ingram (R-Montgomery). The legislation was carried in the Alabama Senate by State Senator Will Barfoot (R-Pike Road). “This week, you all have had the opportunity to see, and more importantly taste, the yellowhammer cookie,” Barfoot said, holding one up in the air for members to see. This was brought to me by some fourth graders at Trinity Presbyterian School.” “Twenty-four recipes were submitted,” Barfoot said. “That was narrowed down to five. Seniors from the government class at Trinity were brought in to judge the cookies, and the yellowhammer cookie was selected.” The cookies contain peanuts, pecans, and oats – all crops grown and well-adapted to Alabama. The pecan is already the official nut of Alabama, and the peanut is the official legume of the state of Alabama. “George Washington Carver’s work at Tuskegee Institute on peanuts is important to Alabama,” Barfoot said. Sen. Linda Coleman-Madison (D-Birmingham) said that the contest to select the state cookie should have been more “statewide.” “I think there should be some guidelines if we are going to do it,” Coleman-Madison said. “There are children who have food allergies to peanuts. I really wish we had some more participation.” “This is state law that we are passing,” Coleman-Madison continued. “When people come to the state of Alabama, this is the state cookie. We need to have some criteria. We need to have some more involvement.” Sen. David Sessions (R-Mobile) said, “It has peanuts and pecans. I raise both of them on my farm.” The legislation passed the Senate 35 to 0. Cook was viewing from the gallery with her teachers Katherine Bandy and Kylie Osborne. Lieutenant Governor Will Ainsworth recognized Cook for her work, and she was applauded by the members of the Senate. The legislation has already passed the House of Representatives. It now goes to the Governor for her consideration. Wednesday was day 25 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature passes bill allowing social workers to diagnose mental illness
On Tuesday, the Alabama Senate State voted 32 to 0 to pass legislation allowing certain highly trained social workers to diagnose mental illnesses. The bill had already passed the House of Representatives 104 to 1. House Bill 56 (HB56) is sponsored by State Representative Frances Holk-Jones. It was carried in the Senate by State Senator Linda Coleman-Madison. HB56 has already passed the House 104 to 1. Sen. Coleman-Madison said, “It gives me great pleasure to present this bill.” “There is a limited number of social workers in our state,” Coleman-Madison said. “This will expand their scope of practice.” “We need social workers in the state,” Coleman-Madison said. “I am very supportive of the bill,” Sen. Will Barfoot said. “My Aunt is in the Social Worker Hall of Fame.” Barfoot said that his daughter is in her final year of college to be a social worker. “There is a huge need for social workers in our state: geriatric, veterans, in the schools, and working with mental health,” Barfoot explained. Sen. Dan Roberts said, “I congratulate you for working on this bill.” Rep. Holk-Jones explained to the Senate State Governmental Affairs Committee that “Alabama is currently the only state that does not allow” these highly trained social workers to diagnose mental illness. “We are losing these social workers to other states,” Holk-Jones said. “This allows people to get diagnosed and treatment without traveling to see a medical professional.” Sen. Coleman-Madison sponsored the Senate version of the bill, SB109, which had already passed the Senate. SB109 likely will remain in committee as the House version has already passed both Houses. The legislation expands the scope of practice of a licensed independent clinical social worker, including the authority to diagnose and develop treatment plans. “The scope of practice does not include the diagnosis, treatment, or provision of advice to a client for problems or complaints relating to conditions outside the boundaries of the practice of social work.” The legislation states that no individual may engage in the independent clinical practice of social work unless they satisfy all of the following: (1) Licensed is licensed under this chapter as a licensed independent clinical social worker; and. (2) Has a doctorate or master’s degree from a school of social work approved, accredited, or in candidacy granted by the Council on Social Work Education; and. (3) Has had two years of full-time or three years of part-time postgraduate experience under appropriate supervision in the specified social work method or four years of full-time or five years of part-time postgraduate experience under appropriate supervision in the specialty in which the applicant will practice. (4) Has passed an examination prepared by the board for this purpose; except that prior to the time that an examination is prepared by the board for this purpose, no person individual who otherwise meets the requirements of this section will be prohibited from engaging in the private independent practice of social work; and. (5) Has been issued by mail a certified letter of certification stating his or her qualification for private independent practice by the board; and. (6) Has paid an initial certification fee set by the board. “The terms diagnose and treatment, whether considered in isolation or in conjunction with the rules of the board, may not be construed to permit the performance of any act which a licensed clinical social worker is not educated or trained to perform including, but not limited to, any of the following: (1) Administering and interpreting psychological tests or intellectual, neuropsychological, personality, or projective instruments. (2) Admitting any individual to a hospital for treatment of any condition that is outside the boundaries of the practice of social work, as provided in subsection (b). (3) Treating any individual in a hospital setting without medical supervision. (4) Prescribing medicinal drugs. (5) Authorizing clinical laboratory procedures or radiological procedures. (6) Using electroconvulsive therapy. The state of Alabama has a significant shortage of mental health professionals. Coleman-Madison said, “I am carrying this for Rep. Holk-Jones. I think this is her first bill.” Since HB56 has been passed in both Houses in the same form, the legislation now goes to Gov. Kay Ivey for her consideration. Tuesday was day 14 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama Legislature returns for session today
The Alabama Legislature will be back at work in Montgomery Tuesday after taking off last week for spring break. Both Houses of the Alabama Legislature will be in session, with the Alabama House of Representatives going into session at 1:00 p.m. and the Alabama Senate going in at 2:30 p.m. As of Tuesday, the Alabama House of Representatives has not released a proposed special order calendar for what bills it will work on in Tuesday’s session. The Senate has not posted a new special order calendar. The Joint Committee on Public Accounts will meet on Tuesday at 12:30 p.m. in the Senate’s Finance and Taxation committee room on the eighth floor of the Statehouse. The committee has not posted an agenda. The Senate County and Local Government Committee will meet at 1:00 p.m. in the same room. There are two bills on the posted committee agenda. Senate Bill 92 (SB92) is sponsored by Sen. Josh Carnley. SB92 would extend the time to make a one-time lump-sum addition to the retirement benefits of certain retirees and beneficiaries of the Employees’ Retirement System and give local units participating in the Employees’ Retirement System the option to come under the provisions of the act. According to the fiscal note, “The provisions of this act would increase the obligations of any local entity making such election by an undetermined amount dependent on the cost of the bonuses issues, which must be borne by the local government, as provided by this bill.” Senate Bill 142 (SB142) is sponsored by Sen. Vivian Figures. SB142 would annex additional property into the Baldwin County city of Spanish Fort. The legislation is cosponsored by Sens. Greg Albritton and Chris Elliott, so all three of Baldwin County’s Senators support this legislation. Elliott chairs the committee. The Senate Healthcare Committee will meet at 1:30 p.m. in Room 304 of the State House. Two bills are on the Committee agenda. Senate Bill 109 (SB109) is sponsored by Sen. Linda Coleman-Madison. SB109 would further provide the scope of practice of licensees of the Alabama Board of Social Work Examiners. Senate Bill 28 (SB28) is sponsored by Sen. Tim Melson. SB28 would expand the scope of the practice of podiatry to include the treatment of disorders of the foot and ankle. Currently, Alabama limits podiatrists to feet only. There was a public hearing on this legislation on March 22. Alabama is one of the most restrictive environments for podiatrists in the country, making it very difficult for podiatrists to practice in Alabama. Most of our neighboring states already allow podiatrists to treat the ankle. The doctors’ lobbying group, the Alabama Medical Association, has opposed expanding the scope of practice for podiatrists for years. Melson chairs the Senate Healthcare Committee. Tuesday will be day 5 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
State Senate Committee advances election integrity bills
On Wednesday, the Alabama Senate State Governmental Affairs Committee advanced two bills designed to protect the integrity of Alabama elections. Both bills are sponsored by State Sen. Clyde Chambliss. Senate Bill 9 (SB9) would require that the state’s electronic voting counting system must require the use of a paper ballot that is marked and inspected by the voter prior to being cast and counted. The second bill, SB 10, prohibits the use of electronic vote counting systems that are capable of connecting to the Internet or cell phone networks or that possess modem technology. The State Government Affairs Committee is chaired by State Sen. Tom Butler. “We had both of these two bills last session,” Butler said. “They simply put into law things that we already do,” Chambliss said. “Paper ballots for voting. We do that, but it is not currently in the law.” State Sen. Dan Roberts motioned to give SB9 a favorable report. The Committee voted unanimously to give SB9 a favorable report. “This deals with internet modems on voting machines,” Chambliss said of SB10. “Obviously, if they have those connections, people can hack into the system and possibly influence the vote count.” “This puts our current practice into law,” Chambliss said. “Do we have problems with electronic voting in Alabama?” asked Sen. Merika Coleman. “I don’t know,” answered Chambliss. “This is trying to be proactive.” “We want to make it illegal for anybody to connect the electronic vote counting machines to the internet,” Chambliss explained. “If we had problems with voting, it is with the absentee ballot process,” Coleman said. “I was on the Electronic Voting Machines Task Force, and I started asking questions,” Chambliss said. “It is not policy to have modems on the counting machines. Policy is not strong enough for me. I want to put this into law. This is a bill that is looking forward. I don’t want to be reactionary.” “We have electronic vote counting machines. We do not have electronic voting,” Chambliss explained. “You have a point,” said Sen. Linda Coleman-Madison. “This is a trust issue. I have some trust issues myself. This is a good bill.” Sen. Robert Stewart asked if this legislation would prevent the state from adopting new technology. “It does not prevent changing to new technology, but it would prohibit a modem being in that machine,” Chambliss said. SB10 was given a favorable report on an 11 to 0 vote. Both bills are supported by Alabama Secretary of State Wes Allen, who was present to show his support and answer any questions the committee members might have. The legislation can be considered by the full Senate as soon as Tuesday, April 4, when the 2023 Alabama Regular Legislative Session resumes. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
372 bills have been filed in Alabama legislative session
Only four legislative days have passed in the 2023 Alabama Regular Legislative Session, but already 372 bills have been filed by legislators. Alabama Today has worked on writing about as many of these as possible so that our readers stay informed on issues before the Alabama Legislature. Two hundred bills were filed in the last week alone. Below is a short recap of 15 of these. Senate Bill 143 (SB143) by State Senator Will Barfoot targets youth gangs. The legislation seeks to identify members of criminal gangs. SB143 would enhance penalties for any criminal activity that benefits, promotes, or furthers the interest of a gang. The bill would establish mandatory consecutive penalties for any individual who knowingly possesses, uses, or carries a firearm during the commission of any act intended to benefit, promote, or further the interest of a gang. This bill would require any juvenile 16 or older to be tried as an adult for any gang-related criminal activity. State Representative Allen Treadaway has introduced similar legislation in the House – HB191. House Bill 217 (HB217) is sponsored by State Rep. Anthony Daniels. It would exempt overtime from state income taxes and a substantial tax cut for many hardworking hourly workers. Under existing law, gross income is defined for state income tax. Also, the existing law exempts certain amounts from the calculation of gross income. This bill would exclude work performed in excess of 40 hours in any week from being included in the gross income calculation. Daniels, the House Minority Leader, has some powerful cosponsors on this legislation, which has just dropped, including Speaker of the House Nathaniel Ledbetter and education fund budget Chairman Danny Garrett. Sen. Sam Givhan has introduced similar legislation in the Senate – SB137. House Bill 115 (HB115) by Rep. Danny Garrett would lower the top state income tax rate. Under existing law, Alabama levies an individual income tax at rates ranging from two percent on taxable income to a top rate of five percent on taxable income. This bill would phase in a reduction in the top tax rate from five percent to four and ninety-five hundredths percent. House Bill 181 (HB181) by Rep. Mack Butler would prohibit financial institutions from disclosing certain customer financial records of firearms transactions. HB181 would allow the Department of Finance to disqualify a financial institution from any selection process for state contracts for violation of this prohibition and to provide civil penalties and criminal penalties for violation of the act. Butler told Alabama Today that he did not believe that credit card companies need to be tracking customers’ gun and ammunition purchases. “That’s too much information for the credit card companies or the government to have,” said Butler. “The Sons of liberty would have had a big problem with that.” Senate Bill 144 (SB144) by Barfoot would address the shortage of judges by creating three additional circuit judgeships and two additional district judgeships to be funded out of the State General Fund in Fiscal Year 2024. House Bill 209 (HB209) by Rep. Jamie Kiel would effectively outlaw ballot harvesting in Alabama. This bill would prohibit any person from distributing, ordering, requesting, collecting, completing, obtaining, or delivering an absentee ballot application or absentee ballot of another person in certain circumstances and would provide for exceptions. This bill would prohibit any person from receiving a payment or providing payment to another person for distributing, ordering, requesting, collecting, completing, obtaining, or delivering an absentee ballot application or absentee ballot of another person in certain circumstances. This bill would also establish criminal penalties for violations. HB209 already has 42 House cosponsors. Senate Bill 141 (SB141) by Sen. Linda Coleman-Madison lowers the crime of chemical endangerment of a child to a misdemeanor under some circumstances. Under existing law, a person commits the crime of chemical endangerment of a child if the child is exposed to a controlled substance, chemical substance, or drug paraphernalia. A violation is a Class C felony. This bill would provide that chemical endangerment of a child where the child is exposed to marijuana or drug paraphernalia is a Class A misdemeanor. This bill would also provide that a confirmatory positive drug test must be obtained before an agency or law enforcement initiates any action for a violation. Senate Bill 127 (SB127), sponsored by Sen. Merika Coleman, would expand the statute of limitations on civil suits for alleged sexual misconduct, and it would be retroactive. Under existing law, a civil action for an injury to an individual that involves certain sex offenses must be brought within six years. This bill would expand the statute of limitations for certain sex offenses. Senate Bill 130 (SB130), sponsored by Sen. Vivian Figures, would move the official state celebration of Confederate General Robert E. Lee’s birthday as a state holiday observed on the third Monday in January to the second Monday in October. Currently, the state celebrates Robert E. Lee’s birthday on the same day as Martin Luther King Jr.’s birthday. SB130 would move Robert E. Lee’s birthday to Columbus Day, so Robert E Lee Day would remain a state holiday but would not add a new state holiday. House Bill 187 (HB187), sponsored by Rep. Chip Brown, would require parental or guardian’s consent for a minor to get a vaccine. Under existing law, a minor 14 years of age or older may give consent for medical, dental, and mental health services for themselves without parental consent. HB187 would require consent of a parent or a legal guardian for any minor to receive a vaccination. This became an issue during the recent COVID-19 global pandemic. House Bill 186 (HB186), also by Brown, would allow a parent to opt their child out of any school policy requiring students to wear a face covering at school, at a school function, a school bus, or at a school bus stop. Many parents were upset that their schools required face masks during the pandemic. House Bill 182 (HB182), sponsored by Rep. Traci Estes, would expand the definition of a dependent to include an unborn child. Under current law, taxpayers are allowed a dependent exemption for a son or daughter for
League of Municipalities disappointed with passage of legislation further limiting towns from collecting occupational taxes
On Tuesday, the Alabama Senate County and Municipal Government Committee advanced legislation that would place further limits on cities that currently have occupational taxes. The committee gave a favorable report to a substitute version of the legislation – Senate Bill 65 (SG65). The Alabama League of Municipalities are staunchly opposed to this legislation. They released a statement following its receiving committee approval. “While the League is disappointed with today’s passage of SB65 by the Senate Committee on County and Municipal Government, our advocacy efforts will not stop here,” the League said in a statement on social media. “It is our organization’s mission to protect measures that are in place which allow for local decisions to be made at the local level, one of those being the ability to maintain or implement an occupational tax.” “We appreciate the mayors and first responders that attended and shared examples of the negative impacts this legislation could cause, including: laying off first responders and other essential personnel; making cuts to infrastructure, education, and public works; and restricting economic development growth,” the League added. Senate Bill 65 (SB65) is sponsored by State Sen. Andrew Jones. Jones represents Etowah County, where several municipalities including Gadsden, have occupation taxes. An occupation tax is a tax on payrolls that goes to municipalities. Workers already owe income taxes and FICA/social security taxes to the federal government, plus the state income tax. They also pay a percentage (usually one or two percent) to the town they work in. The tax burden of working in a town with an occupation tax is onerous. An occupation tax is not a true income tax because they do not tax rental income, investment income, business profits, farm income, etc., but anyone who is a wage earner must pay the tax to hold a job in that city or town. The tax is despised by many workers Jones represents, particularly those who work in but do not live in a town with an occupation tax as they pay the tax, but receive little, if any, of the tax benefits. Workers who live in a town with an occupation tax but work in another town do not pay the tax in the town where they live, even if the town where they work does not have an occupation tax – unlike a true income tax which is already forbidden in towns and cities under Alabama law. Jones has led efforts to repeal the remaining occupation taxes across the state. The Legislature blocked Jefferson County from imposing an occupation tax ten years ago, with the state’s largest county filing for bankruptcy protection. Cities like Montgomery that don’t have an occupation tax are already blocked from imposing one without coming to the Legislature. Jones first tried to abolish the remaining occupation taxes in the state. Failing that, he has tried to phase them out or prevent cities with occupation taxes from extending that occupation tax outside the city limits to the police jurisdiction or the town annexing new property to capture more workers into Tuesday’s tax scheme. Jones said, “There is a lot of things we should be able to agree on. It is unfair that workers who have lost their jobs when a plant closes, like Goodyear, have to pay a 2% tax on their unemployment severance pay.” “We should be able to agree that is unfair that a business like a tow truck operator has to keep records on how much time their operators spend working in each town in order to calculate the occupation taxes,” Jones said. Opponents bitterly opposed this bill in the public hearing. Opelika Mayor Gary Fuller said, “The citizens have the option of addressing that every four years.” “We think this is a local issue,” Mayor Fuller said. Guin Mayor Phil Segraves said that Guin has had an occupation tax since 1984. “We need to retain this tax,” Segraves said. “It has been a valuable tool for economic development.” Rainbow City Mayor Joe Taylor said, “I stand in opposition to HB65, but not to my Senator.” Taylor explained that Rainbow City wants to annex 1,100 acres of farmland on I-59 for industrial development, and they need the occupation tax to develop that site. “This is about economic development,” Taylor said. “We have a memorandum of understanding with our county on a water and sewer project. We have dedicated $2 million of our ARPA money to this project. The county has dedicated $20 million.” The ban on allowing cities with an occupation tax to extend that to newly annexed land would prevent Rainbow City from extending the occupation tax to new jobs created on the Etowah County mega site they are trying to annex. Jones agreed to amend his bill so that cities annexing a thousand acres or more parcels would be an exemption from the legislation. Gadsden Fire Chief Will Reed said that ending the occupation tax would mean he would have to cut his paramedics. “This is a horrible thing for our fire department and for the people of our community,” Reed said. State Sen. Linda Coleman Madison said, “As I listen to the people that came before us, these taxes are tied to schools, police and fire services, economic development, recreational opportunities.” Jones said, “Median household income in Alabama is about $53000, so 2% is about a thousand dollars, which is a considerable amount.” “There are only about 24 cities that have this,” Jones said. Sen. Kirk Hatcher said that for the state to prevent cities from imposing occupation taxes is excessive. “This is the definition of big government,” Hatcher said. HB65 was amended and substituted by the committee. The committee voted to give the newest version of HB65 a favorable report in a 5 to 4 vote. HB65 could be voted on by the full Senate as early as Wednesday. If passed, it would still have to go to the Alabama House of Representatives for their consideration. The Senate will go into session at 3:00 p.m. for the third legislative day of the 2023 Alabama Regular Legislative Session. As of Monday, 243 bills have
Legislature finishes the ARPA special session
On Thursday, the Alabama Senate voted to pass House Bill 1 (HB1), which appropriates $1,060,000,000 in federal American Rescue Plan Act (ARPA) funds for water projects, broadband, healthcare, and other projects. Following Senate passage, the Alabama House of Representatives voted to concur with the changes made by the Senate, and the bill has been sent to the governor. HB1 was sponsored by State Representative Rex Reynolds and was carried by Sen. Greg Albritton. The state has received approximately $2.1 billion in ARPA funding from the federal government. Half of that money has already been appropriated by the Legislative and is in the process of being allocated by the executive branch to projects across Alabama. This second tranche of ARPA money includes about $339,175,000 that will go for healthcare needs, including $25 million for Mental health and $9 million for the expansion of telemedicine. $260 million will be used for broadband, including a cybersecurity component. $395 million will go to water and sewer projects. $55 million will be used to compensate state agencies for the negative impacts of the COVID-19 pandemic. $1,179,000 will go for administrative costs of overseeing and allocating the money. State Sen. Arthur Orr said, “I don’t see what a lot of this has to do with COVID, but I can also see when a train is coming. “We have also got $55 million that can be for food assistance for food banks and nutritional programs,” Orr said. “I appreciate all your hard work on both of these ARPA bills,” Orr said to Albritton. “I think if we never have another ARPA, you would be happy with that.” “It does not fully fund the PEEHIP assistance, which is why the fed passed the original assistance bill,” Orr said. The full Senate voted to adopt the committee amendment introduced Wednesday for Sen. Chris Elliott. Sen. Linda Coleman-Madison offered a floor amendment to the bill. Coleman Madison said, “I would like to know why in-kind contributions was left out. It saves money from contracting out. It saves time. It helps the money go further.” “All of these moneys are under very strict guidelines by the federal Treasury Department,” Albritton said. “If we allow an in-kind contribution that opens up a means of reporting that may become problematic,” Albritton said, “We are talking about the $395 million for water and sewer projects. That is less than 40% of the total ARPA money.” “I ask that you withdraw the amendment,” Albritton said. Coleman Madison said, “I do not want to do anything where the federal government will come back and require a clawback. They want money and not any kind of service. I would like to withdraw my amendment.” Albritton provided a breakdown of the water and sewer dollars in the bill as amended by Elliott’s committee amendment. · $195 million is for water and sewer. · 100 million is water, sewer, and stormwater and may have, but does not require a match. · $100 million in water, sewer, and stormwater and does require a match “Every county in the state will have an opportunity to apply and will actually get funding for a project in their county,” Albritton told the members. “Counties across this state got $495 million directly to counties, and some of them chose to do nothing about stormwater with it,” Senate Minority Leader Bobby Singleton said. “Now they come to us and want us to fix it for them.” State Sen. Rodger Smitherman proposed an amendment to require ADEM to work with a town or county whose application was denied due to an error on the application. “This is simply to help our small towns,” Smitherman said. “If you are in a metropolitan area, you probably have someone who can do this, but our small towns cannot afford that.” “It has already been done,” Albritton objected. “That was in ARPA one. I hesitate to put that language which is already occurring in statute. I am going to vote no on this. We have already added one amendment. I don’t want another amendment one. It raises the possibility of nonconcurrence.” Smitherman’s amendment passed over Albritton’s objection 29 to 1. State Sen. Will Barfoot applauded the members for providing funding for healthcare but urged the members to do more for rural healthcare in the regular session. “I am challenging each of you here to start looking at bills to address healthcare in our rural communities,” Barfoot said. Senate Pro Tem Greg Reed said, “We have to stay focused on rural healthcare.” “We are going to have several pieces of legislation addressing nursing,” Reed said. “A lot of areas in my district, we would not have healthcare if we did not have nurse practitioners.” Reed said that broadband expansion is part of healthcare because of telemedicine. “The technology is advancing tremendously,” Reed said. “That is one way that local hospitals will be able to stay in business. We need to find ways to increase healthcare benefits, particularly in rural places like in my district.” State Sen. Vivian Figures said to Albritton, “Thank you for making sure that the cities and counties that can’t afford to put up a 35% match will be able to do these projects as well.” “I want to thank you for all the work that you have done,” Singleton said to Albritton. “It is a lot of money to spend. We have a lot of needs, but we are beginning to see a difference in the state. We are not going to be able to get it all, but we are knocking a dent in it.” “I wish you could have set aside more of the money for rural hospitals like we did in the first round,” Singleton said. “When that $40 million was cut out for them in the last round, they were ecstatic.” Reynolds asked that the House concur with the Senate changes to HB1. “The second amendment requires that ADEM has to work with a system if an application is denied because of an error,” Reynolds explained. “That system has to have an opportunity to correct that error, and if that application is denied, it has to be
Alabama Senate Committee amends ARPA funding bill
The Alabama Senate Finance and Taxation General Fund Committee met on Wednesday morning to consider the American Rescue Plan Act appropriation bill passed by the House on Tuesday. The Committee voted to give the legislation a favorable report but only after amending how the sewer and water funds are distributed. House Bill 1 (HB1) is sponsored by State Rep. Rex Reynolds, who chairs the House Ways and Means General Fund Committee. The legislation appropriates the second $1,060,000,000 that the state received from the federal government through the controversial ARPA Act – all of which are paid for through federal deficit spending. State Sen. Greg Albritton chairs the Senate Finance and Taxation General Fund Committee. Albritton shared two documents with the members of the Committee. The first was an email from the Alabama Department of Environmental Management (ADEM) outlining where the first round of ARPA money for water and sewer projects has been allocated. “This data is also available online,” Chairman Albritton said. “The second is the MOA (Memorandum of Understanding) between the Department of Finance and ADEM on the distribution of that money.” “HB1 is the ARPA document,” Albritton said. “It passed the House 101 to 3.” Sen. Chris Elliott presented an amendment to HB1. Elliott explained that his amendment further defines the use of the water and sewer projects portion of the ARPA funds to include stormwater projects. The amendment also sets aside up to $100 million for the water and sewer projects to require matching grants of up to 35% and includes changes to the formula to factor in for growing communities. “It allows this money to be used for stormwater infrastructure,” Elliott explained. “It further stretches this money out by requiring matching grants from local communities.” $395 million of the ARPA will go to water and sewer projects. ADEM will award the projects to water and sewer systems that apply for the funds. State Sen. Linda Coleman Madison said, “I had an amendment to add, but your amendment includes that. What is the difference between the two amendments?” Albritton said, “It includes that and goes further to delineate that a portion of the money requires a 35% match.” The Elliott amendment was adopted by a 15 to 0 vote. “I know Sen Coleman Madison calls me Senator No,” said Sen. Sam Givhan. “It’s better, but it’s still not there yet.” HB received final passage by the Committee, with 12 members voting in favor and three members, including Givan, voting to abstain. The full Senate can now consider the legislation as early as Thursday. If the legislation passes the Senate with the Elliott amendment, it would have to go back to the Alabama House of Representatives for them to consider the changes. The Alabama Legislature is currently in its First Special Session. It is hoped that the body will be able to resume the 2023 Alabama Regular Session on Tuesday, March 21. 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,
Seven State Senate seat races to watch
All 35 State Senate seats are up for grabs in the November 8 general election. Republicans hold a 27 to 8 margin over Democrats in the current makeup of the Alabama Senate. The Alabama Republican Party is running candidates in 29 seats. The GOP is defending all of the 27 seats they currently hold and are running candidates in two districts currently held by Democrats. Alabama Democrats are defending the eight seats they currently hold and are challenging the GOP in six districts currently held by Republicans. Libertarians currently hold no seats in the Alabama Senate but are running twelve candidates in State Senate races. There are a number of contested State Senate races on the November ballot. These are the seven races with the most chance of becoming interesting. Democrat Lisa Ward is challenging Republican incumbent State Sen. Gerald Allen in Senate District 21. Both of these candidates are well known in the Tuscaloosa area. Allen has represented the district for three terms and served in the Alabama House of Representatives before that. Ward is a former city councilwoman who is very active in the community. According to filings with the Alabama Secretary of State’s office, Allen has a $204,872.68 campaign account balance entering September, which includes August contributions of $8,250. Ward, the challenger, meanwhile raised $23,149.76 in August and has a cash balance of $31,968.94 entering September. Neither faced a primary opponent. Democrat Kim Lewis versus Republican incumbent State Sen. Tom Butler in Senate District 2. Butler has represented Madison County in the legislature for parts of five decades, but this is one of the fastest growing areas in the state, and there are thousands of new people that bring different politics with them to the area. Lewis is hoping that an increasingly purple Madison County will result in a win. Butler was pushed hard in the Republican primary by former State Sen. Bill Holtzclaw. Butler raised $44,500 in the month of August and enters September with $38,166.63. Lewis raised $7,830 in August and comes into September with $27,859.70. In Senate District 33, incumbent Democratic Sen. Vivian Figures faces Republican challenger Pete Riehm. This has been a very safe Democratic district consisting of the poorest parts of Mobile as well as Mobile County suburbs like Prichard, but redistricting meant that the new district now goes deep into Baldwin County and picked up the very prosperous and heavily Republican community of Spanish Fort. This district went from very blue to purple thanks to the legislature’s redistricting and efforts to “unpack” Black voters from majority-minority districts. Is it purple enough for a Republican to take it away from the Democrats? That is for the voters to decide on November 8. Sen. Figures raised $31,500 in the month of August to enter September with $110,497.02. Riehm had contributions of $19,577.54 in August and enters September with $60,911.31. Democrat Sherri Lewis versus Republican Jay Hovey in Senate District 27. Hovey, an Auburn City Councilman, just narrowly defeated incumbent Tom Whatley (R-Auburn) in a heavily contested GOP primary. Hovey, who has the challenge of unifying Republicans, raised $85,500 in contributions in August to enter September with a cash balance of $70,074.17. Reese meanwhile raised $1,806.20 in August to bring a total of $2,703.33 into the month of September. Senate District 23 – here, there are three candidates vying for the open seat formerly held by State Sen. Malika Sanders-Fortier, who vacated the seat in an unsuccessful bid for governor. Democrat Robert Lee Stewart narrowly defeated former State Sen. Hank Sanders in a hard-fought Democratic primary runoff in June. Stewart faces both a Republican in Michael Nimmer and a Libertarian in Portia Stephens. Stewart raised $16,987 in August to bring $17,872.84 into September. The Libertarian, Stephens, reported raising $2,060 in August to finish the month with $6,285 in cash on hand. The Republican, Nimmer, has not filed a campaign finance report. Alabama does not have general election runoffs, so when there are multiple candidates, the candidate with the most votes wins even if they got less than half of the votes. There is another three-way contest in Senate District 29. There, incumbent Republican Sen. Donnie Chesteen (R-Dothan) faces both Democrat Nathan “Nate” Mathis and Libertarian Floyd “Pete” McBroom. Matthis reported raising no money in August, but he has $5,719.36 in cash on hand. McBroom has not filed a campaign finance report with the Secretary of State’s office yet. The incumbent, Chesteen, raised $25,500 in August to enter September with $327,660.86. In Senate District 12, Republican Keith Kelley is battling Democrat David McCullars for the open seat currently held by Sen. Del Marsh. Kelley raised $29,658.24 in August and has $65,102.13 in cash on hand. McCullars only raised $265 in the month of August and entered the month of September with $4,377.15 in cash on hand. Kelley had a hard-fought Republican primary. This is a district that has given Marsh a close call in the 2014 general election. In other contested Alabama Senate races · SD3 incumbent Arthur Orr (R-Decatur) faces Libertarian Rick Chandler · SD4 incumbent Garlan Gudger (R-Cullman) faces Libertarian Jacob Marlow · SD6 incumbent Larry Stutts (R-Sheffield) faces Libertarian Kyle Richard-Garrison · SD7 incumbent Sam Givhan (R-Huntsville) faces Democrat Korey Wilson · SD15 incumbent Dan Roberts (R-Mountain Brook) faces Libertarian Michael Crump · SD17 incumbent Shay Shelnutt (R-Trussville) faces Libertarian John Fortenberry · SD24 incumbent Bobby Singleton (D-Greensboro) faces Libertarian Richard Benderson · SD25 incumbent Will Barfoot (R-Montgomery) versus Libertarian Louie Woolbright · SD28 incumbent Billy Beasley (D-Clayton) faces Libertarian David Boatwright · SD35 incumbent David Sessions (R-Grand Bay) faces Libertarian Clifton Hudson Republican incumbents Tim Melson, Greg Reed, Steve Livingston, Clay Scofield, Andrew Jones, Randy Price, April Weaver, Jabo Waggoner, Greg Albritton, Clyde Chambliss, Chris Elliott, and Jack Williams are all running unopposed. Republican newcomers Lance Bell in SD11 and Josh Carnley in SD31 are also unopposed in the general election. Democratic incumbents Rodger Smitherman, Linda Coleman-Madison, and Kirk Hatcher are all also unopposed in the general election. State Rep. Merika Coleman is unopposed in SD19, which is being vacated by the retirement of Priscilla Dunn (D-Bessemer). In 2022 Republican candidates in Alabama have received $44,321,108.97 in contributions. Political Action Committees have received $17,846,761.05. Democratic candidates have received $6,629,199.43, and all other candidates have received just $111,950.87. The general
Committee advances ban on teaching of ‘divisive concepts’
An Alabama legislative committee on Tuesday advanced a bill that would ban the teaching of “divisive concepts” about race and gender in public schools, including the notion that people should feel guilt because of their race. The Senate Governmental Affairs Committee voted 6-1 for the bill that now moves to the full Alabama Senate. The legislation comes as Republicans in several states seek to ban either ban critical race theory or put limits on how educators discuss race in the classroom. The bill by Republican Sen. Will Barfoot of Pike Road would ban a list nine of “divisive concepts” from being taught in K-12 schools. While they could be discussed in colleges, it would prohibit an institution from forcing a student to “assent to the concept.” The bill’s list of banned “divisive concepts” include the notion that the United States of America is “inherently racist or sexist” and the idea that “any individual should be asked to accept, acknowledge, affirm, or assent to a sense of guilt, complicity, or a need to work harder solely on the basis of his or her race or sex.” The proposal also would prevent “fault, blame, or bias” from being “assigned to a race, sex, or religion, or to members of a race, sex, or religion.” Barfoot said he did not think it would limit the teaching of history. “We should talk about the good, the bad and the ugly, to quote one of the spaghetti westerns. We should address the fallacies that have happened, and the mistake and the bad decisions that have happened in the past.” The list in the Senate bill is similar to a 2020 executive order President Donald Trump issued banning “divisive concepts” in training federal employees that has since been repealed. Similar language has since popped up in bills in dozens of states. Sen. Linda Coleman-Madison, a Democrat from Birmingham, unsuccessfully urged the committee to delay a vote to give senators time to look at the bill. Coleman-Madison said the bill initially seems harmless but there is a broad misunderstanding of what critical race theory is. Barfoot said the bill doesn’t mention critical race theory, but Coleman-Madison said that’s appears to be the genesis. “I understand what you are saying — but a rose by any other name. Even though critical race theory is not mentioned, we understand the whole concept was centered around that,” Coleman-Madison. Critical race theory is an academic framework that examines how racism has shaped the country and institutions such as the legal system, and how that has maintained the dominance of white people in society. It is not taught in K-12 schools, Alabama Superintendent Eric Mackey has said. The Senate committee did not hold a public hearing before voting. The Rev. Kenneth Dukes of the Alabama State Chapter NAACP told committee members that there should have been an opportunity for public comment on the bill. Opponents of the bill dominated a public hearing before a House committee on a similar bill last month. Opponents said they are concerned it will have a chilling effect on classroom lessons and discussions. The Senate version does not include a provision in the original House bill that dealt with how slavery should be taught. The House committee is scheduled to vote Wednesday. Republished with the permission of the Associated Press.
Senate votes to allow concealed handguns without permit
The Alabama Senate approved legislation Thursday that would end the state’s requirement for a person to get a permit to carry a concealed handgun in public. Senators voted 23-6 for the House-passed bill. The legislation now returns to the House of Representatives where members will decide whether to accept minor Senate changes to the bill. The proposal is championed by gun rights advocates who call it “constitutional carry” and argue that people should not have to get a permit, which requires a background check and a fee, to carry a concealed handgun. Opponents, including state sheriffs and others in law enforcement, said the permits help combat crime and enhance public safety. “It wasn’t meant for us to pay a fee, or a dime, or anything to be able to arm ourselves to protect our families, our properties. It’s a right,” Republican Sen. Gerald Allen said in reference to the Second Amendment. Republicans, who hold a lopsided majority in the chamber, cut off debate after an hour and forced a vote on the bill. “We are fixing to open ourselves up to the wild, wild west,” Sen. Rodger Smitherman, a Democrat from Birmingham, said. “You are going to literally have conflicts settled in wide-open shootouts because everybody is going to have their gun on them.” Proponents of the bill noted there are 21 states that allow concealed weapons in public without a permit. Opponents pointed to the state’s already high rate of gun violence. Alabama in 2020 had the country’s fifth-highest rate of gun-related deaths – including suicides and murders — with 1,141 deaths, according to numbers from the Centers for Disease Control and Prevention. “We’ve got a war going on right here in Alabama, and we want to add fuel to the fire,” Sen. Linda Coleman-Madison, a Democrat from Birmingham, said. Democratic Sen. Bobby Singleton of Greensboro, accused Republicans of kowtowing to political pressure from groups like the National Rifle Association. “The conservative party of the state of Alabama wants to defund the police … You are taking tools out of the toolbox to be able to protect citizens,” Singleton said. Permit fees have gone to sheriffs’ offices. One Senate change to the bill would steer $5 million in state funds to sheriffs’ offices to compensate for the funding loss. But Singleton said that would take money from other state needs. Alabama currently requires people to get a concealed carry permit, which requires a background check, to carry a handgun under their clothes or in a purse or bag when they go in public. The bill, sponsored by Republican Rep. Shane Stringer of Citronelle, would do away with the requirement, although people could still choose to get a permit if they wanted. It would also do away with the current requirement for people without concealed carry permits to keep handguns unloaded and secured when driving. The House of Representatives could give the legislation final approval as soon as next week. Proponents of the bill said the Alabama Law Enforcement Agency is developing a database, authorized by existing state law creating a lifetime concealed carry permit option, that officers will be able to use to flag people not legally entitled to carry a handgun. The president of the Alabama Sheriffs’ Association has said he does not think the database will effectively replace the safety checks provided by the permits. Amanda Wasden, a spokesperson for the Alabama Law Enforcement Agency, said the agency hopes to have the database operational by October 1. Republished with the permission of the Associated Press.
