Bill seeks higher fines for taking down Confederate statues

A legislative committee advanced a proposal Tuesday to increase the fines on cities that take down Confederate monuments in Alabama. The Senate Governmental Affairs Committee advanced a bill by Republican Sen. Gerald Allen of Tuscaloosa that would increase the fine for violating the Alabama Memorial Preservation Act, which prohibits the removal and renaming of monuments and memorials that have stood for at least 40 years. The bill would increase the fine from a $25,000 one-time fee to a $5,000 per day fine that would accumulate until the monument is replaced. Allen said he believed the heftier fine would serve as a deterrent. Some Alabama cities have opted to pay the current $25,000 fine as part of the cost of taking down a Confederate monument “The fine will stay there until the monument, statue, street sign — whatever it may be — is replaced,” Allen told the committee. Sen. Linda Coleman-Madison, a Democrat from Birmingham, said she believed the $5,000 daily fine was excessive, particularly for smaller cities. “You are going up and up and up and up, and now you are in the punitive stage,” Coleman-Madison said of the total fines a city could face. While the Alabama Memorial Preservation Act does not mention Confederate monuments, it was enacted as some Southern states and cities began removing monuments and emblems of the Confederacy. Birmingham and several other cities have been fined under the law for taking down Confederate monuments. Most recently, the Alabama attorney general’s office told Montgomery officials that the city faces a $25,000 fine for renaming Jeff Davis Avenue for Fred Gray, a famed civil rights attorney who represented Rosa Parks and the Rev. Martin Luther King Jr. The bill also calls for the Alabama Historical Commission to design, construct and place a statue of the late civil rights leader John Lewis by the Edmund Pettus Bridge in Selma. Lewis, a native of Alabama who became a long-serving Georgia congressman, was beaten by state troopers on the bridge in a melee known as Bloody Sunday. The committee also advanced a bill that would make it a felony offense, punishable by up to 20 years in prison, to damage a historic monument while “participating in a riot, aggravated riot, or unlawful assembly.” Both bills now move to the full Alabama Senate. Republished with the permission of the Associated Press.
Alabama prison plan heads to final vote in Legislature

Alabama lawmakers on Thursday continued to advance a $1.3 billion prison construction plan that would be partly funded with pandemic economic relief dollars, saying they are comfortable that the expenditure is allowed. The Senate Finance and Taxation Committee approved the construction plan and related financial bills, including using $400 million of the state’s $2.1 billion from the American Rescue Plan to pay for part of the construction. The approval put the bills in line for a final vote Friday in the Alabama Senate. Republican Sen. Greg Albritton said the $400 million for prisons is a necessary expenditure and represents a fraction of the billions in pandemic relief dollars that have come into the state, payments ranging from stimulus and unemployment for individuals to grants for government. “Alabama’s need on the prison matter is acute, and it’s necessary,” Albritton said. Democratic Sen. Linda Coleman-Madison said she believed some of the money should go to the “self-contained petri dish” that prisons are but questioned whether the state had done enough for health care services. “I’m concerned right now about hospitals closing, especially in rural areas. When hospitals close in rural areas, that’s a long distance for people to travel and a loss of lives, possibly,” Coleman-Madison said. The $400 million comes from a segment of the American Rescue Plan funds that provides money to replace revenue lost during the pandemic. The Treasury Department said the money can be used for infrastructure and to strengthen support for vital public services. “Now without saying, ‘Yes, Alabama, you can build a prison,’ I think that pretty clearly says, ‘Yes, Alabama, you can build a prison,’” Kirk Fulford, deputy director of the Legislative Services Agency, told lawmakers during a presentation. The proposal calls for at least three new prisons — one with at least 4,000 beds in Elmore County that would have enhanced space for medical and mental health care needs, another with at least 4,000 beds in Escambia County, and a women’s prison — as well as renovations to existing facilities. Six existing prisons would eventually close, a prospect that has brought objections from some lawmakers. Sen. Democratic Sen. Billy Beasley of Clayton said his district has three prisons, all recruited to provide jobs in the isolated rural area. “If I lose my facilities, then it’s going to be a devastating blow to the economy of Clayton and Clio and Barbour County, for that matter — and Bullock County,” Beasley said. Beasley also unsuccessfully tried to decrease the maximum number of inmates the prisons would house, questioning the feasibility of safely running and staffing two 4,000-bed prisons. The committee tabled the proposed amendment. “I think it’s in the best interest of the correctional officers. I think it’s in the best interest of the inmates,” Beasley said of having smaller prisons. To pay for construction, the state would also borrow $785 million through a bond issue and tap $150 million in general fund dollars. Republished with the permission of the Associated Press.
‘A second chance:’ Alabama approves expungement bill

Alabama will soon allow people with past convictions for certain low-level crimes to apply to have their records wiped clean, under a bill passed by the Alabama Legislature and signed into law by Gov. Kay Ivey. The bill called the Record Expungement Designed to Enhance Employment and Eliminate Recidivism Act — or the REDEEMER Act — would allow people with certain nonviolent misdemeanor convictions to apply to have their records expunged if they have met a variety of conditions. Sen. Linda Coleman-Madison, the sponsor of the bill, said it will help people who made a mistake in their past move forward and “pull themselves up” in their life. “It’s going to give people a second chance. That’s all people are asking for. They’ve served their time. They’ve learned their lesson, and they are not going back there,” Coleman-Madison, D-Birmingham, said. Alabama current expungement program allows people to apply for expungement only if the charge was dismissed or they were found not guilty. The new law will allow people with convictions for nonviolent misdemeanor, municipal ordinance and minor traffic offenses to apply to have their records expunged provided they meet required conditions. Those conditions include having completed probation and paying all fines. Violent crimes, sex offenses and major traffic convictions would not be eligible for expungement. It is not immediately clear how many people will be eligible, but Coleman-Madison estimated that it will impact thousands. Rep. Chris England, D-Tuscaloosa, said convictions for crimes such as marijuana possession “continue to haunt people as they get their lives back in order.” “It’s a bill that is going to help a lot of people get a second chance to make a first impression,” he said. People who were convicted of felonies but later pardoned could also apply to have the conviction expunged. People who committed felonies while they were being trafficked could also apply, but would have to demonstrate that they would not have committed the felony offense but for being trafficked. “If you can prove you were a victim rather than a willing participant that can be expunged,” Coleman-Madison said. The granting of the expungement is not automatic. It would be up to a judge to decide whether the conviction should be cleared. Coleman-Madison urged people to consult with an attorney to see if they are eligible. Prosecutors and other law enforcement officials would still have access to the records. Records will also be made available to the Department of Human Resources for the purpose of investigation or assessment in order to protect children or vulnerable adults. The bill passed the Senate without a dissenting vote. The House of Representatives approved the measure by a 57-38 vote. The bill take effect in July. Coleman-Madison said she has heard from people from all walks of life who are being held back by something in their past. She said a registered nurse told her about losing her job during a company transition — when employees had to reapply for their jobs — because her husband had her arrested during an argument. She said long-ago convictions often serve as a glass ceiling of sorts, hindering people as they apply for jobs and promotions. “I run into people every day almost, or hear somebody complaining about the fact that there is something on their record that prevented them from getting a job or moving up into another position. It is just always a barrier,” Coleman-Madison said. Republished with the permission of the Associated Press.
New study ranks Alabama 5th worst state for women

With women’s issues on the forefront of nearly every major news source in America today, and March being Women’s History Month, personal finance site WalletHub released a new study on Monday, detailing the Best and Worst States for Women in 2018. Turns out, Alabama is the 5th worst in the nation when it comes to ranking the most women-friendly states. The state came in 47th place in the nation overall, followed only by Oklahoma, Mississippi, Arkansas, and in last place, Louisiana. WalletHub’s study compared all fifty states and the District of Columbia across 23 key indicators including; unemployment rate for women, share of women-owned businesses, High School graduation rate for women, and women’s life expectancy at birth. Woman-friendliness of Alabama (1= best, 25= avg.): 29th: Median earnings for female workers (adjusted for cost of living) 42nd: Unemployment rate for women 46th: Share of women in poverty 26th: Share of women-owned businesses 47th: High school graduation rate for women 41st: Share of women who voted in 2016 presidential election 32nd: Female uninsured rate 50th: Women’s life expectancy at birth 31st: Quality of women’s hospitals 24th: Women’s preventive health care Perhaps one of the reasons for these rankings is the supreme lack of women’s representation in the Alabama Legislature. Although our governor is a female, currently only 15 percent of Alabama legislators are women. “It’s sad that we are 52 percent of the population, but we hold so few state legislative seats,” Birmingham-Democrat Sen. Linda Coleman-Madison, told AL.com. Se is one of the four females occupying a seat in Alabama’s 35 member Senate. With a bevy of women running for state office, if there was ever a year for things to change for women in Alabama, it’s 2018 According to Steve Flowers, the 2018 election year might just be the year of the woman in Alabama politics. “Currently, Kay Ivey is the favorite in the governor’s race. Twinkle is the favorite in the Lt. Governor’s race. Alice Martin or Troy King is favored in the Attorney General’s race. If you made me bet right now, I would bet that Alabama would at least have a governor and Lt. Governor that are women,” opined Flowers. Here’s a look at how Alabama compares to the rest of the country: Source: WalletHub
Alabama legislative preview: April 19 – April 22, 2016

As the clock begins to wind down on the Alabama Legislature’s 2016 Regular Session, the heat will begin to build under legislators and special interests looking to pass their legislative priorities in the remaining eight working days available to lawmakers. Here’s your weekly sneak peek at some of the most important legislation that will be considered in the Alabama House and Senate. House — Convenes Tuesday at 1:30PM Education Trust Fund: Both houses of the Alabama Legislature have passed their own versions of the year’s education budget, but the differences send the legislation to a conference committee before final passage can be decided. Among the most controversial sections of the Senate-passed bill is the inclusion of an amendment that would only allow teachers who obtain higher degrees to earn raises if their advanced degree is in an “area of need.” The Senate bill also includes the first pay raise for teachers since 2008. On Wednesday the House Ways and Means Committee will consider SB287 authorizing the Alabama Corrections Institution Finance Authority to issue up to $800 million in bonds to construct and renovated the state’s overcrowded prisons. Senate — Convenes Tuesday at 2:00PM SB186 “The Voting Rights Restoration Act” would amend the process under which convicted felons can have their ability to vote restored, expediting the process, as well as requiring state and county prisons, jails, and correctional facilities to post information about how felons can apply. Sponsored by Sen. Linda Coleman-Madison (D-Birmingham) SB78 Increases the number of years qualifying rural physicians can receive a $5,000 income tax credit from 5 to 10 years, and adds dentists practicing in rural areas to those eligible for it. Sen. Gerald Dial (R-Lineville) SB304 Would allow Alabama Sheriffs to issue and renew the concealed weapons permits of any eligible Alabamian, regardless of county. Currently Sheriffs may only issue permits to those who reside in their county. Sponsored by Sen. Jabo Wagonner (R-Vestavia Hills) SB360 Would close Alabama’s primaries, requiring people to register with their party of choice at least 14 days before the primary vote is held. Such a measure has been particularly popular in a year where first-time and crossover voters have arguably decided primary elections in several states. Sponsored by Sen. Tom Whatley (R-Opelika) SB372 Creates a new provision in Alabama’s controversial “chemical endangerment of a child” law, allowing the consumption of controlled substances under the “good faith” supervision of a physician. The chemical endangerment law came under fire last fall after a searing investigation by AL.com and ProPublica. Sponsored by Sen. Clyde Chambliss (R-Montgomery) The House and Senate general fund budget committees have scheduled a joint meeting Wednesday to discuss the Medicaid shortfall.
Senate committee greenlights Ten Commandments for display on school, state property

With little discussion, the Senate Judiciary Committee gave a favorable report to SB97 from Sen. Gerald Dial (R-Lineville) allowing the Ten Commandments to be displayed on state property and at public schools. Committee chairman Sen. Cam Ward (R-Alabaster) noted that the bill has passed out of committee several times over the years and always stalls in one of the legislative bodies. Sen. Linda Coleman-Madison (D-Fairfield) lodged the only opposition to the bill. “Whatever happened to the separation of church and state?” she questioned. Despite the limited opposition, the bill was OK’d within seconds of being brought up.
Committee gives favorable report to Heritage Preservation Act

In a 5-2 vote down party lines, the Senate Governmental Affairs Committee gave a favorable report to SB 13, a bill from Sen. Gerald Allen (R-Tuscaloosa) that would prohibit the removal of historical monuments placed on public property. The bill would also create a committee tasked with reviewing the requests of municipalities interested in removing protected monuments. Sen. Linda Coleman-Madison (D-Birmingham) voiced opposition to the bill on the grounds that, perhaps, the state should direct its edict only to state monuments, allowing local governments to act in the interest of their cities. Further, she noted the need to provide funding to municipalities to maintain such monuments. “I understand where you’re going with this bill and your intent,” Coleman-Madison said. “I agree with your intent. I don’t think we need to be about changing history or trying to cover it up. I’m not for taking those Confederate statues down, but I’m not for your bill because I do not believe this legislative body has more wisdom than the people who put [the monuments] there.” Sen. Dick Brewbaker (R-Montgomery) noted his agreement with most of Coleman-Madison’s comments, but added that the need for this bill has arisen out of the public’s disdain for the decision by Gov. Robert Bentley to remove the Confederate flag this year. Brewbaker said that disdain is currently manifesting itself in efforts to place a Confederate flag on a small lot near Alabama State University in Montgomery. “We’re dealing with an issue in Montgomery right now that’s not going to do anybody any good,” Brewbaker said. In response, Coleman-Madison again noted the need to provide funding for the monuments. “If we do this, the state best come up with some money to maintain them,” Coleman-Madison said. “I do think the backlash you’re going to have (will be) some vandalism of some things.” The committee then voted and gave the bill a favorable report, sending it before the Senate in the coming week.
