Akiesha Anderson: Alabama’s grocery tax reduction: A penny saved, a better future paved
The first stop on the road to untaxing groceries in Alabama is straight ahead. Lawmakers achieved a significant victory for the people this year by passing legislation to cut the state’s 4-cent grocery tax by half. That change will begin this Labor Day weekend, as the first 1-cent reduction takes effect September 1. Ultimately, this small change likely will result in large savings for Alabamians who are working hard to make ends meet. Once the new law is fully implemented, many families will have hundreds of dollars more available each year to spend on food or other expenses. For decades, Alabama Arise has focused on reducing and ultimately eliminating the state sales tax on groceries, which essentially taxes survival. At the beginning of the 2023 legislative session, Alabama stood as one of only three states with no tax break on groceries. Thanks to determined advocacy by Arise members and other advocates, our state is off that shameful list at last. The story behind the legislative triumph Arise collaborated this year with many partners and lawmakers to introduce and pass the grocery tax reduction. That list includes the Alabama Grocers Association, Lt. Gov. Will Ainsworth, Sens. Andrew Jones and Merika Coleman, and Reps. Danny Garrett and Penni McClammy. This year’s breakthrough also would not have happened without other legislative champions who laid the groundwork for this moment, including former Reps. John Knight and Thad McClammy, former Sen. Hank Sanders and Reps. Laura Hall, and Mary Moore. The grocery tax law’s passage is a testament to the importance of continuing to hold the line and fight for change for as long as it takes. It’s also a testament to the importance of seizing the moment when opportunity arrives. Something spectacular happened this year as the stars finally aligned after decades of advocacy. When this year’s session began, many Alabamians were struggling with inflation and higher costs for essentials like eggs and bread. Simultaneously, the state was witnessing strong revenue growth. As elected officials began talking about one-time tax rebates, advocates recognized an opportune moment to make permanent progress on reducing the state grocery tax. And the revenue growth ensured this reduction would not cause severe harm to funding for our children’s public schools. A positive step forward State leaders seized this window of opportunity and united across partisan lines to reduce the grocery tax. It was amazing to witness the culmination of decades of hard work. And it was inspiring to see nearly every legislator co-sponsoring this monumental legislation. Many lawmakers tout this as the state’s largest tax cut ever, and it is one that will provide the biggest everyday benefit to people with low incomes. Ultimately, Alabama Arise remains dedicated to transforming the state’s regressive tax system into a more progressive one. Progressive tax systems levy taxes based on one’s ability to pay, whereas regressive systems work in the reverse. The grocery tax has long exemplified regressive taxation, burdening those with fewer resources by requiring them to pay proportionally more than wealthier individuals. Reducing the state grocery tax is a step in the right direction for tax justice. This penny saved is symbolic of a better future being paved for Alabama. What lies ahead Arise will continue advocating to eliminate the state grocery tax while protecting Education Trust Fund revenues. We look forward to working with the new Joint Study Commission on Grocery Taxation to find a sustainable path forward. Rebalancing Alabama’s upside-down tax system will require both lower taxes for people with low incomes and higher taxes for wealthy households and highly profitable corporations that can afford to pay more. As this year’s grocery tax reduction takes effect, we celebrate its many champions – most notably the Alabamians who stayed vigilant to ensure their voices translated into tangible policy improvements. We also celebrate this policy change as a symbol of progress and unity, and as a testament to what state leaders can accomplish when they put partisanship aside to pass legislation with profound benefits for individuals and communities. Cheers to eliminating the first cent, and to the ongoing journey toward a more prosperous and equitable Alabama! Akiesha Anderson is policy and advocacy director of Alabama Arise, a statewide, member-led nonprofit organization advancing public policies to improve the lives of Alabamians who are marginalized by poverty. Arise’s membership includes faith-based, community, nonprofit and civic groups, grassroots leaders, and individuals from across Alabama.
Alabama Legislature passes retail theft bill
The Alabama House of Representatives on Wednesday voted to pass legislation creating the crime of organized retail theft. The new bill will levy heavy criminal penalties on people engaged in organized retail theft. The Senate concurred with the House changes to the bill. Senate Bill 206 (SB206) is sponsored by State Senator Clyde Chambliss (R-Prattville). SB206 is being carried in the House of State by Representative Allen Treadaway (R-Morris). Treadaway explained that cracking down on organized retail theft is necessary to protect the retail industry. “We are trying to keep these stores in the community,” Treadaway said in the House floor debate. “This is a $100 billion problem in America.” Rep. Mary Moore (D-Birmingham) was concerned that people might accidentally be charged with this crime. “When the store is having a sale and goes through and marks through the price with a pen, a shopper could be accused of having marked through the price themselves,” Moore argued. “You have to show intent,” Treadaway said. “That applies right now.” “This bill is trying to put the whole neighborhood in jail,” Moore said. “In my community, if we just walk through the store, people think we are trying to steal something.” “I don’t want us passing bills that may cause harm to innocent people accused of stealing something,” Moore said. Treadaway is a retired deputy chief of police for the City of Birmingham. “Mainly, what we are seeing is the organized crime that has infiltrated this kind of activity,” Treadaway said. Treadaway said this legislation “allows the law to reach out and hold the folks accountable when they are working together in this kind of activity.” Rep. Juandalynn Givan (D-Birmingham) said, “In the urban area, we are losing a lot of businesses. We are seeing where those storefronts are now abandoned.” “How do we identify the theft? How are we identifying the thief?” Givan asked. Treadaway explained, “The organized retail theft you are getting into now involves people working together.” Treadaway explained that organized crime then sells the stolen merchandise online or in a brick and mortar businesses that they operate. “It is happening everywhere,” Treadaway said. “We have seen a tenfold increase.” Rep. Prince Chestnut (D-Selma)asked, “Is legislation alone going to make the difference?” Treadway answered, “No, but it is a part of it.” Chestnut offered an amendment to the bill. “This is a (Judiciary) committee amendment,” Chestnut said. The House voted to adopt the first amendment in a 102 to 0 vote. Rep. Jeremy Gray (D-Opelika) brought a second amendment that was adopted by the House. This legislation is supported by the Alabama Retail Association. The Retail Theft Crime Prevention Act provides for the crime of retail theft in various degrees, provides for the crime of organized retail theft, and provides criminal penalties for a violation. Retail theft in the first degree would be a Class B felony. Retail theft in the second degree is a Class C felony. Retail theft in the third degree is a Class A misdemeanor. A fourth or subsequent conviction for an offense under this article is a Class C felony. Organized retail theft is a Class B felony. The House of Representatives voted 76 to 27 to pass the legislation. It had already passed the Senate. Late on Wednesday afternoon, the Alabama Senate voted 34 to 0 to concur with the House changes to the legislation. SB206 now goes to the governor for her consideration. Thursday will be day 29 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama House votes to align Alabama gun law with federal law
On Wednesday, the Alabama House of Representatives voted to pass controversial legislation that would largely align Alabama’s criminal possession of a firearm with its federal law equivalent. House Bill 392 (HB392) is sponsored by Cynthia Almond. “This adopts the federal law on gun possession as it is currently,” Rep. Almond explained. Rep. Mary Moore asked, “I don’t understand why we need this bill. Why do you think we need to be redundant passing this law?” Almond explained, “Federal law says that if you have ever been convicted of a felony, you can’t carry a gun. Alabama law says that if you have ever been convicted of a crime of violence, you can’t carry a weapon.” Moore said, “This is a redundant bill that does not need to be clarified.” Almond replied, “There are some felonies that are in the gap.” Moore said that instead of debating this bill, the Legislature should take up her assault weapons ban. “We passed enough laws that cover what you try to do,” Moore said. “We ought to be focused on true laws.” “AR15s are weapons of war that were made for the battlefield of Vietnam,” Moore said. “They shoot up babies so bad you can’t even identify them.” Almond explained, “theft and possession of drugs are two” of the felonies where a felon is prohibited from ever possessing a firearm ever again’ but not prohibited under current Alabama law. “Our state and local law enforcement do not have the authority to arrest them, even though they are already in the prohibited person’s database,” Almond explained. Rep. Laura Hall asked, “You don’t have to have a permit to carry a gun, so how do you get that data?” Almond said, “If they have ever been convicted of a felony, they are in a database.” Hall said there are other disqualifiers for gun possession besides being convicted of a felony. “We are not dealing with any of the other items in this bill,” Almond said, “We can see that they are in the database, but we can’t arrest them (for being a felon in possession of a gun).” Almond explained that this bill changes state law to mirror federal law. Almond cautioned that this only has to do with felons. “We are not at all changing or addressing any of those others,” Almond said. Rep. Matt Simpson explained, “A lot of time, the federal government and federal prosecutors say they are not going to enforce this. All this does is give (state) prosecutors the authority to.” Almond said, “We are not changing any rights, but we are allowing our police and prosecutors to make arrests and prosecutions.” Almond said the current law “puts our law enforcement in predicaments on the streets.” Rep. Prince Chestnut said, “I am going to support your bill.” Rep. Pete Rehm asked, “Has anyone asked if the NRA or any Alabama gun rights organization endorsed this bill.” Almond said, “We have worked with the NRA.” Rep. Rehm asked if a woman in her 70s defends herself from a home invasion with a gun, but she had a drug possession conviction fifty years ago, would she be arrested under this? Almond said that if she had a felony conviction and has a gun, she is already breaking the law. “We would be basically enforcing federal law,” Almond said. Rehm said, “In my scenario, the lady defended her home from a home invasion. Right now, the state or local law enforcement cannot arrest her. “ Rehm said, “My issue is that the federal government needs to be enforcing their own laws.” Almond replied. “If your position is that felons should have guns, that has not been the case for over 60 years.” Rehm responded, “In all that time, the state of Alabama has not done anything to enforce this federal law.” Rep. Corey Harbison said, “I come from a law enforcement background myself, and I am not for putting good people in jail because they made a mistake 20 years ago. This example right here is why we have a separation between federal and state.” Harbison said, “The NRA is not in support of this bill. They are not against, but they are not taking a stance.” “We do not have to align our state law with federal law,” Harbison said. “People make mistakes in life. They can be rehabilitated.” Almond said, “There is a process where someone can have their gun rights restored.” Harbison warned that there will be “unintended consequences” if this passes. “I, as law enforcement, do not want to take them to jail.” Moore said, “We as a body should not care what the NRA thinks.” Rep. Alan Treadaway said, “There was a time where we routinely could make these arrests, and federal authorities would come get them. Now, they are pressed as hard as we are. People don’t realize how bad it is out there now with violent crime. There are now 500 less officers in Jefferson County alone.” Treadaway blamed “the demonization of police over the last ten years.” “I have talked with them (the NRA) several times,” Treadaway said. “If they were opposed, you couldn’t answer your phones.” “Your DAs want this. The judges want this,” Treadaway said. “The (prohibited persons) database will work ten times better than any permit.” Treadaway said he talked with one assistant DA in St. Clair County who has arrested one person “nine times for breaking into vehicles, has a gun, and you can’t arrest him.” Almond said, “This bill was brought to me by Tuscaloosa DA Hays Webb. He is a former Marine. He is pro-law and order, and he is pro second amendment. The person who brought this to me is about as a pro second amendment as possible. He is a big gun guy.” One Republican Representative said, “I don’t trust the federal government as far as I can throw them.” Rep. Tim Wadsworth warned that the federal definition of a firearm under federal law doesn’t include shotguns or sporting rifles, but that could change. Almond said that this bill
Alabama House votes to advance state cookie legislation
On Tuesday, the Alabama House of Representatives voted to pass legislation establishing the yellowhammer cookie as the official state cookie. House Bill 421 (HB421) is sponsored by State Representative Reed Ingram. Reed explained that legislation making the “Yellowhammer Cookie” the official state-designated cookie was brought to him by the Fourth graders at Trinity Presbyterian School in Montgomery. Katherine Bandy is a counselor at Trinity. “We are learning about state symbols and Alabama history,” Bandy said. “And we figured out that Alabama doesn’t have a state cookie.” Reed explained that the students resolved to fix this situation by holding a cookie contest. The fourth graders submitted cookies, and the seniors judged them. Ultimately the Yellowhammer Cookie was judged the best cookie to submit to the legislature. “We needed a state cookie,” Bandy said. Mary Claire Cook developed the winning recipe. Alabama Today asked Cook if making the cookie was something an ordinary person could do or if it required a factory to produce. “Anyone can make it,” Cook assured. “I make it myself.” The Yellowhammer Cookie contains oats and pecans and has a peanut butter filling. Bandy explained that those three ingredients are essential because they are grown here in Alabama by Alabama farmers. The pecan is already the official nut of Alabama, and the peanut is the official legume of the state of Alabama. Cook explained that she began this project with her grandmother. They looked up recipes and began substituting in Alabama ingredients before arriving at the Yellowhammer Cookie. The Yellowhammer Cookie was chosen over two dozen other submissions. The fourth graders from Trinity were on hand at the House gallery to watch the bill be debated on the Alabama House of Representatives floor. Ingram explained that the last state symbol passed by the legislature was the decision to make the sweet potato the official state vegetable. Speaker of the House Nathaniel Ledbetter recognized the fourth graders for their involvement in the legislative process. At Ledbetter’s request, the whole body gave them a round of applause in recognition of their work. State Rep. A.J McCampbell told Ingram, “Usually when you have a bill, I have got to scrutinize it. The only problem I have with this bill is that you are asking us to designate this the state cookie, and I have not had one. I need a cookie. Where’s my cookie?” Ingram said, “I think they can arrange that.” Rep. Danny Garrett told Ingram, “One thing I have learned about you other than you are a great legislator and a great man is that you know cookies.” Rep. Napoleon Bracy said, “I got into politics when I ran for president of the SGA.” “Students learn Alabama history in the fourth grade,” Bracy explained. Ingram said, “We had a big shout-out to George Washington Carver for his work with the peanut.” Ingram explained that the Yellowhammer Cookie “is kind of like an oatmeal cookie with peanut butter in the middle.” “Is this something that we can mass produce? Have we trademarked this?” Bracy said. “This is something they can talk about on Shark Tank.” “This is something great for these students,” Bracy said. “It is uncontroversial. A lot of times, the first two bills on the calendar are kind of divisive.” Rep. Mary Moore said, “I want to thank you for paying attention to young people. I appreciate you for highlighting Dr. Carver and his work.” Speaker Ledbetter thanked former Congresswoman Martha Roby for helping the children navigate the legislative process with their bill. HB421 was passed 103 to 0. It now goes to the Alabama Senate for their consideration. Ingram told Alabama Today that he thinks Senator Will Barfoot will carry the bill in the Senate. The Art of Alabama Politics Facebook page shared the recipe. Wednesday will be day 22 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
House passes legislation making changes to the public charter schools statute
On Thursday, the Alabama House of Representatives passed legislation making several changes to the Alabama Public School Charter Commission. House Bill 363 (HB363) is sponsored by State Representative Terri Collins. The Alabama School Choice and Student Opportunity Act changes the appointment process for the Alabama Public Charter School Commission; authorizes the Commission to hire staff; requires commissioners to receive annual training; provides additional guidelines for the authorizing and application review process; provides further for the operational and categorical funding of public charter schools in their first year of operation; and clarifies the per pupil federal, state, and local funding of conversion public charter schools during their first year of operation. “All charter schools are public schools,” explained Rep. Collins. “We have three conversion schools in Montgomery, Mobile, west Alabama, Birmingham has a few, Fairfield, and there are a couple more in Montgomery.” “A public system could choose to make a starter school,” Collins stated. “If they have a specific need, they can do it through the charter process.” Collins explained how a public system can convert a failing public school to a charter public school through the formal conversion process. Rep. Tracy Estes thanked Collins for bringing the bill and the hard work in crafting the substitute. The House voted to adopt the negotiated substitute version of the bill to address issues that some members had with the original legislation in a 88 to 13 vote. Rep. Mark Gidley said, “I want to express my appreciation for how you have worked hard on this.” Rep. Jamie Kiel brought an amendment that would restore the local school board as an authorizer. An earlier version of the bill removed that. This amendment was ratified. “I appreciate you working with all of the parties on this,” Kiel said to Collins. Rep. Barbara Boyd said, “I want to thank you for where you have gone and for working with all of the parties, but I would still have preferred magnet schools because those are set aside for specific purposes. I am going to have to vote no today.” “They have to be nonprofit,” Collins said of charter schools. “They can’t be a for-profit. They have to have local support.” Rep. Laura Hall said, “African American boys have a great need, particularly between K and 3irth grade.” Hall said that she had visited the new aviation-focused charter school in Fairfield. “I have been there,” Collins said. “What they are doing is very exciting.” Collins said that students there can work on actual planes and “learn takeoff and landing through a simulator.” Hall said, “The dollars that the system has used sound like they are very well used.” Collins said, “They do everything that a public school does. They do ACAP. They give grades.” Collins said that members of the Commission would be appointed by the governor, the lieutenant governor, the Speaker of the House, the Senate Pro Tem, the House Minority Leader, and the Senate Minority Leader. “They look at applications, and they approve or disapprove,” Collin said of the Commission. “This extends their term from two years to four years.” Rep. TaShina Morris suggested changing the bill so that the state superintendent of education hires the Commission staff. Collins said, “No, we want the commission to choose their own employees.” Rep. Mary Moore said, “I don’t think the state of Alabama can support multiple forms of public schools with one pot of money for education.” Moore complained that the local school board can deny a charter application and “the state of Alabama will go ahead and authorize them to be a charter school when they know they are deficient.” Moore attacked the performance of charter schools. “They (students) are coming back to public schools, and they are not able to do the work,” Moore said. “They are not doing their due diligence. They are not hiring proper teachers. They have teachers that don’t even know how to set up a proper classroom.” Collins replied, “They all have a long waiting list to get in. I don’t know of any who are coming back.” Moore said, “They are taking dollars from the public schools, and they are hurting public schools because they are taking resources.” Collins said, “Charter schools are public schools.” The Alabama House passed HB363 in a 76 to 25 vote. The legislation now goes to the Senate for their consideration. Thursday was day 20 of the 2023 Alabama Regular Legislative Session. The House convenes at 1:00 p.m. on Tuesday. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Bill to prevent China from buying Alabama real estate passes House
On Tuesday, the Alabama House of Representatives passed legislation that would forbid Chinese citizens, Chinese businesses and corporations, and the Chinese Communist Party and government from being able to purchase land and other real property in the state of Alabama. House Bill 379 (HB379) is sponsored by House Majority Leader Scott Stadthagen. Stadthagen said, “They are the biggest threat to us.” The synopsis states, “Under existing law, an alien, whether resident or nonresident, may own, hold, or dispose of real property with the same rights as a native citizen. This bill would prohibit Chinese citizens, the Chinese government, or Chinese entities from acquiring title to real property in the state.” State Representative Mary Moore said they were not a problem until Ronald Reagan. “When President Reagan started encouraging our companies to go overseas,” Moore said. “That accounts for a lot of poverty, especially in southern Alabama and eastern Alabama because they were clothing manufacturers.” “The problem is bigger than the state of Alabama,” Moore said. “President Reagan loved China, and they became a superpower.” Stadthagen explained that if his bill passes, “They can’t purchase property in Alabama.” Rep. Jamie Kiel said, “Your bill protects the state from the communist Chinese.” “My district was also impacted by the great sucking sound of jobs leaving the country that Ross Perot talked about, and that was under President [Bill] Clinton in 1994 with NAFTA,” Kiel said. “President [Barack] Obama said that the relationship between the U.S. and China was the most important bilateral relationship in the world.” “Whoever started it, it is time to stop it, and I appreciate the bill,” Kiel said. Rep. Tracy Estes said, “For those who may think that the Chinese are not the greatest threat to this country, don’t be fooled.” Rep. Napoleon Bracy asked, “What prompted this?” Stadthagen explained, “In the last year, the Chinese have purchased over six billion dollars’ worth of property.” “This is a protection bill,” Stadthagen said. “I know of several real estate contracts that are in progress.” Bracy asked, “What if they are already here?” “Then they are already here,” Stadthagen answered. “What if they wanted to expand?” Bracy asked. “Then they have to get a citizen or a dual citizen to purchase that property, and they can lease it from them,” Stadthagen answered. Bracy asked, “Could this hurt the economy?” Stadthagen said that it had not in the other states that have done this, but admitted, “This is something that is fairly new.” Stadthagen said, “The Department of Commerce wants to talk to me about it before it goes upstairs to the Senate.” Bracy said that a Chinese corporation had bought piston engine manufacturer Continental Motors. “Continental is in Mobile,” Bracy said. “Are they the enemy? They are providing jobs to our citizens. They are providing over 300 jobs.” “If Continental Motors decides to leave and those 300 jobs and their $75 million investment leaves with them, then we are impacting a lot more people than what this was designed to impact,” Bracy said. Rep. Tim Wadsworth expressed concerns that the way this was written would also apply to Taiwan. “Taiwan is not a part of it,” Stadthagen said. “About 90% of the semiconductor chips in this country are made in Taiwan,” Wadsworth said. “China and the U.S. actually consider Taiwan to be one country as part of the one-China policy.” Rep. Sam Jones said, “Continental Motors was a U.S. Company that sold out to China. They have been in Mobile for over 50 years.” Jones said he had been on several international job recruiting trips as the Mayor of Mobile. “We weren’t recruiting politics – we were recruiting jobs and companies,” Jones said. “Do I support the communism in China? No, I don’t, but we are a world economy.” Stadthagen said, “Do you know how many acres of land are owned by other countries? 1.4 million acres in Alabama are owned by foreign countries.” Jones said, “Alabama exports surged to over $25 billion last year. Our two largest trading partners are Germany and China.” “We don’t handle foreign policy,” Jones said. “That is not what we do here. You don’t know the facts because you have never spent any time recruiting industries.” “We watch Florida and pass everything that they do down there,” Jones said. “I am surprised that we have not passed anything about Mickey Mouse yet. We follow Florida, but we aren’t Florida.” Rep. Neil Rafferty asked about Chinese people that have moved here seeking asylum. “They can lease a house or property while they work on their citizenship,” Stadthagen answered. Rafferty asked, “Why don’t we do this for Vietnam or Laos? They are communist.” “They are not a threat to us,” Stadthagen answered. Rafferty asked, “What other countries would you do this with? “North Korea and Iran,” Stadthagen answered. Rep. John Rogers said, “The federal government is the one who ought to be pulling the trigger on China.” “If China were to stop exporting all the stuff they make for us, we would be in a world of hurt,” Rogers said. “This concerns me because it seems to single out one particular race. I like Chinese food.” Rogers asked, “If China called in our debt, can we pay it?” Stadthagen answered, “We can’t.” Rogers said, “Can you imagine if we had a war with China? We will have to draft you.” Rep. Barbara Drummond said, “I am here standing for Mobile. Brookley is in my district, so I have seen this business grow. I have seen Brookley take off. They are contributing to our local economy. They are contributing to the Alabama economy. I know China is a communist country, and I know how they treat women, and I don’t like that.” Drummond said, “Our Chamber has red-flagged this for us and said that this is going to hurt.” Rep. Ben Robbins offered an amendment addressing members’ concerns. The amendment exempted companies already operating in the state and Taiwan from the legislation. Stadthagen accepted the amendment as friendly, and it was adopted in a 100 to 0 vote. SB379 passed the House in a
Bill would make it a felony to help people who vote absentee
Republicans in the Alabama House of Representatives on Thursday approved legislation that would make it a felony to help a voter fill out an absentee ballot. House Representatives approved the bill with a 76-28 vote that fell almost entirely on party lines after Republicans voted to cut off a filibuster by Democratic lawmakers. The bill now moves to the Alabama Senate. Republicans said that penalties are needed to promote election security, and to crack down on what they called “ballot harvesting,” or the mass collection of ballots. House Democrats say that there is no evidence of this sort of illegal activity and that the measure would criminalize the actions of civic groups and well-meaning people who help others vote. They called it an attempt to make it harder for people to vote and said the legislation would hand out punishments comparable with burglary. The bill by Republican Rep. Jamie Kiel would make it a Class D felony, punishable by up to five years in prison, for a person to “knowingly distribute, order, request, collect, prefill, obtain, or deliver an absentee ballot application or absentee ballot in addition to his or her own absentee ballot application or absentee ballot.” The penalty would jump to a Class B felony, punishable by up to 20 years in prison, to pay someone to help with a ballot, and a Class C felony, punishable by up to 10 years, to receive that payment. “Don’t take this personal, but this is quite possibly the worst piece of legislation that I’ve ever seen,” said Democratic Rep. Chris England from Tuscaloosa. He said paying a family member $10 to pick up an absentee ballot for you would bring a punishment in line with burglary. Kiel responded that, “profiting from voting should not happen.” “The intent here is not to keep people from voting but to make sure our process is secure as possible,” Kiel from Russellville, said. The bill allows an exemption for family members to help with an absentee ballot — only if they are not paid to do so. The bill also says there is an affirmative defense if the voter being helped is blind, disabled, or unable to read or write, provided there is no payment involved. Rep. Mary Moore, a Black Democrat from Birmingham, says the state has a long history of attempting to suppress the rights of disenfranchised groups. Moore called the legislation an attempt to make it harder for people to vote, comparing it to how her parents once had to save money throughout the year in order to pay poll taxes. “In most countries, they do everything in their power to make sure that every citizen of voting age is able to vote,” Moore said. “No matter how the help comes.” Republished with the permission of The Associated Press.
House passes legislation requiring first graders to go to kindergarten or pass skills competency test
On Tuesday, the Alabama House of Representatives voted in favor of legislation requiring all incoming first graders to have either attended kindergarten or pass a test proving that they have the competency to enter first grade. Children who fail the test will be forced to attend kindergarten rather than first grade with their peers. House Bill 43 (HB43) is sponsored by State Representative Pebblin Warren, who has carried this legislation for the last few years. “I am back again. I am back with the kindergarten bill again,” Warren said. “This bill is what is referred to as a First Grade readiness bill.” “This issue has become a really important issue in the State of Alabama,” Warren said. “It is a tragedy that we would let a child reach third grade without being able to read competently.” “This bill does not make kindergarten mandatory,” Warren continued. “A child can attend kindergarten or may be in homeschooling, private schooling, or religious schooling. As long as they demonstrate competence, they can enter into first grade.” Rep. Mary Moore asked, “Will this make it mandatory?” Warren answered, “It does not make it mandatory, but the child must pass a skills competency test to be admitted into first grade.” “If their parents aren’t education-oriented, that is the group that is always going to be behind,” Moore said. “We need to make K-4 and K-5 mandatory instead of leaving that up to the parents.” “I agree,” Warren said. “It should be mandatory, but this is a process. This is our beginning step to making it mandatory.” “What I want to see is Alabama’s ranking improved,” Warren said. “It is that foundation that is going to build the foundation of Alabama.” “We need to go back to K to 8,” Moore said. “They get to sixth grade, and they have been left behind, and they just look for that crack to get out without even going to go to high school.” “We are not giving up. We are going to continue fighting,” Warren said. “I have prayed to God, asking him what I can do to get this bill passed.” “I think unless we are going back to a time where a three-year-old goes to pre-K, we need to get that four-year-old in K4,” said Rep. Kyle South. The House voted to adopt the substitute version of the bill that Warren had prepared in the Education Policy Committee in a 92 to 7 vote. Rep. Phillip Pettus said, “I would like to see us mandate kindergarten.” “If this goes through, let’s come back next time and mandate kindergarten,” Warren said. Rep. Danny Garrett said, “The synopsis says that this mandates kindergarten. A lot of people in my district do not want to be mandated kindergarten.” There was some discussion on whether or not a parent could enroll the child in first grade even if they did not pass the skills competency test that will be required for children who did not have kindergarten before first grade. Rep. Terri Collins stated, “I have an actual amendment that spells it out that if they are not ready for first grade that the child shall enroll in kindergarten.” “This is mainly those children who have never been in any kind of organized program before,” Collins explained. “They do not know their numbers. They do not know their letters. They are not ready for first grade.” “Legally, you have to go to school as a six-year-old,” Collins stated. “This amendment says that if that child comes to school as a six-year-old and is not prepared to start in first grade, then they will be enrolled in kindergarten. It will be the best thing for the child at that point.” Rep. Barbara Drummond asked, “Will the parent have the option of placing them in the first grade?” “No, they will start at the most appropriate place,” Collins answered. “This is a friendly amendment,” Warren said. Collins explained that the Alabama State Department of Education would write the first-grade readiness test. The House voted to adopt the Collins Amendment 92 to 5. The House voted to pass HB43 in a vote of 87 to 12. This is the fourth year that Warren carried similar legislation. It has not passed the Senate in the past. Governor Kay Ivey endorsed the bill in her State of the State speech. It has been referred to the Senate Education Policy Committee. Tuesday will be day 14 of the 2023 Alabama Regular Legislative Session. The Alabama Constitution of 1901 limits the legislature to no more than 30 legislative days in the regular session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama House passes financial education legislation
On Tuesday, the Alabama House of Representatives passed legislation requiring Alabama public schools to teach public high school students about personal financial literacy. House Bill 164 (HB164) is sponsored by State Representatives Andy Whitt (R-Harvest). Rep. Whitt is a retired banker. “I have got story after story from thirty years of banking experience of young people who did not have a checking account,” said Whitt. “They go to convenience stores and check cashing places to get their paychecks cashed. One young fellow was working two hours a week just to be able to get his check cashed each week.” “In states with financial literacy, it has been shown that credit scores rise 20- or 30-points saving thousands of dollars on home mortgages,” Whitt said. Whitt said that the class would be “looking at high-interest loans – credit cards. Are there other options? It will look at the percent going into taxes. People don’t understand that when you get paid ten dollars an hour, you are not bringing home ten dollars an hour.” Whitt explained that HB164 gives schools flexibility in how this is taught to give the latitude to put it in a math class. “They have the ability to do that. It may be in a career tech class,” Whitt said. Rep. Roland Hollis said, “Thank you for bringing this. We have kids right now that cannot write a check.” Hollis is a businesswoman. “They need to know the business,” Hollis said. “We have kids who cannot even count the money back to you.” State Rep. Mary Moore said, “My concern is that the people who teach the curriculum; they have to be trained. You got some educators who do not manage their own money well, and they are going to teach children?” Whitt said, “This will be started in high school between the ninth and eleventh grade.” “I think you need to start in middle school,” Moore said. “The earlier you can start it, the better.” Whitt said there would be a test on financial literacy at the end of the instruction. “We are testing our little children to death,” Moore said. “And we are burdening our poor teachers with more paperwork than they can handle now.” Whitt said that this bill is just the start of the process and would bring other financial literacy bills in the future. “Orientation for junior colleges” is a possibility, Whitt said. “I hope this is my first step moving forward.” “This is important – very necessary,” said Rep. Danny Garrett. “A lot of people today don’t write checks. You are looking at EBT cards. They also tend not to carry cash. We are talking about 21st-century financial education.” State Rep. Thomas Jackson said, “Being an educator myself, how times have changed since I was in the classroom. People don’t want checks. They don’t want paper. People deal in electronic payments now.” Jackson said that many students come from poverty, so they have little experience managing money. “The reason they don’t know is that they have nothing to manage,” Jackson said. “Put money in the program and the experience and knowledge in how to get this off the paper and into the classroom.” Whitt said that the education would teach students about savings and investments. State Rep. Laura Hall asked if they would teach the students about Bitcoin. “Bitcoin – that is not covered,” Whitt said. “If you understand Bitcoin, let me know.” House Bill 164 passed the House 104 to 0. Ninety-eight members of the House signed on as cosponsors of HB164. The legislation now goes to the State Senate for their consideration. Tuesday was the eleventh legislative day of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
State House passes legislation allowing some social workers to diagnose mental illness
On Tuesday, the Alabama House of Representatives passed legislation allowing certain social workers with master’s degrees to diagnose mental illnesses. House Bill 56 (HB56) is sponsored by State Representative Frances Holk-Jones (R-Foley) The synopsis states, “This bill would provide further for the scope of practice of licensees of the Alabama Board of Social Work Examiners.” 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. Rep. Holk-Jones explained that the licensed clinical social workers would mostly do counseling. “Prescribing would be done by a doctor.” Rep. Thomas Jackson said, “We have outsourced mental health to the Department of Corrections. They don’t know anything about mental health. We need to get some of those people out of the prisons and into treatment.” Rep. Tim Wadsworth said, “This will allow people in our rural areas to get help quicker.” Holk-Jones said, “It will make it quicker and also bring telehealth into it.” State Rep. Mary Moore questioned if the social workers were competent to make psychiatric diagnoses. Holk-Jones said, “They have a master’s degree in social work and 3000 hours of clinical training. This is all part of the social worker training.” Moore said, “We have got people who are deficient doing clinical diagnosing.” Holk-Jones said, “They are trained to do that. If they need a prescription, they go to a doctor.” Moore said, “You can damage a person for life if they don’t have the proper training to diagnose someone. What some of us call a mental condition is not. We could misdiagnose someone with a condition they don’t have. I would like them to train under a psychiatrist before they start diagnosing someone.” State Rep. Barbara Drummond said, “This hits me raw because I lost a great nephew on Easter Sunday to suicide. He was a veteran.” Drummond said, “The more we can do about mental health in the state, the better.” Holk-Jones said, “This will not be the last time we talk about it.” HB56 passed 104 to 1. HB56 now goes to the Senate for their consideration, where it has been referred to the Senate State Governmental Affairs Committee. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama House passes bill to cut back ‘good time’ incentives for inmates
On Tuesday, the Alabama House of Representatives voted to pass legislation that would decrease the amount of time inmates of Alabama’s prisons can get reduced from their sentences for good behavior while incarcerated. It also further limits which prisoners are eligible for good time incentives. Senate Bill 1 (SB1) – the Deputy Brad Johnson Act – is sponsored by State Sen. April Weaver. The legislation was carried in the House by State Rep. Russell Bedsole. SB1 is titled in remembrance of Bibb County Sheriff’s Deputy Brad Johnson – who was gunned down by a dangerous felon released by the Alabama Department of Corrections (ADOC) on good time. Bedsole – a Shelby County Deputy – said that passage of SB1 would make Alabama communities safer. “We know that we can’t totally solve crime in our communities. Just incarceration alone is not the answer.” SB1 reduces the number of reductions in sentences served that a prisoner can earn for good behavior, further limits the number of prisoners eligible for good time incentives, and requires ADOC to make reports on the application of good time incentives. “The reporting will come back to the legislature,” Bedsole explained. “We are not putting a mandate on them to go out and buy new reporting software.” House Minority Leader Anthony Daniels said that the abuses in the system occurred during the previous ADOC leadership. “It is not fair to hold the current leadership responsible for the failings of the past leadership,” Daniels said. State Rep. Phillip Pettus told Bedsole, “I appreciate what you have done on this. I hope that we don’t have another picture up here of another law enforcement officer up here.” State Rep. John Rogers called the bill “Overkill.” Rogers said the real problem is the lack of rehabilitation of prisoners in ADOC custody. “You have countries all over the world that rehabilitate prisoners, but we do not do it here in Alabama,” Rogers said. “Why would you punish the entire system? I hope that you pull this bill.” “You have got one guard for every 200 prisoners,” Rogers said. “We have had four women get pregnant in prison in a women’s prison. How does a woman get pregnant in all women’s prison?” “We need new prisons, but you have to have money to pay guards a decent wage,” Rogers said. Bedsole said, “Did you know that a person who commits a murder in prison can still get good time?” Rep. Christopher England said, “For 100 and some years, Democrats controlled the Legislature. You know one thing that Democrats absolutely screwed up? Prisons and justice. Then Republicans got in there. For six years, we created class D felonies – everybody doesn’t like that now – Community corrections, drug courts, and we worked on releasing prisoners. You know what happened? Crime went down, and the number of prisoners went down. We had a horrible tragedy happen in Marshall County (the Jimmy Spencer slayings of three people while on parole). In November 2019, we reformed the parole system. Now we aren’t letting anybody out. The new Republicans that are here have completely unraveled how we deal with prisons. The prison population has also skyrocketed. You know what also happened: crime skyrocketed. Now it has gotten to the opposite extreme where we don’t let anybody out. The parole board is only giving parole to ten percent of prisoners eligible for parole.” “You know what else has happened – crime has gone up,” England said. “We need all the space and resources we can get, and we are wasting it on people who are no danger to the community.” England said that releasing prisoners on parole where they are under supervision is better than waiting for the end of their sentence and then releasing them with no supervision requirements. “Over 90% of the people that go into the prison system get out,” England said. “Would you rather them get out with supervision or with no supervision?” Rep. A.J. McCampbell said, “As a former law enforcement officer, we recognize that every day we are putting our lives on the line. I hate what happened to Officer Johnson. I really do.” “We have got a lot of calamity and failure of our whole (prison) system,” McCampbell continued. “We don’t have any real solutions.” “It is unreal how many people have been denied,” McCampbell said. “Parole is supposed to be at a time where we have an opportunity to look at people while they are out in the community.” “The mistreatment that they receive in these institutions dehumanizes these people,” said Rep. Mary Moore. Bedsole said that SB1, “Revises our good time statute that has been in place since 1980. We are changing the amount of good time days we are offering. We are lowering them.” After a lengthy debate, the House of Representatives passed SB1. As it has already passed the Senate, it now has gone to the Governor’s office for her consideration. According to the synopsis, SB1 would, “Reduce the amount of correctional incentive time a prisoner receives; to require a prisoner to remain in a certain classification for a longer period of time before moving up to a higher classification; to provide for additional circumstances in which a prisoner may be required to forfeit his or her correctional incentive time; and to require the Department of Corrections to provide annual reports to the Legislature, the Governor, and the Attorney General regarding correctional incentive time. Thursday will be day 10 of the 2023 Alabama Regular Legislative Session. The Alabama Constitution limits the Legislature to no more than thirty legislative days during a regular session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature passes bill guaranteeing the rights of patients to receive visitors
On Thursday, the Alabama House of Representatives voted in favor of legislation that would guarantee that family members may spend time with their sick and dying loved ones in an Alabama hospital or nursing home. The legislation has already passed the Senate, so it now is in the Governor’s office awaiting her signature. Senate Bill 113 (SB113) is sponsored by State Sen. Garlan Gudger. It is being carried in the House by Rep. Debbie Wood. SB113 requires healthcare facilities to adopt certain visitation policies. Specifically, it provides that patients have a right to visitation. Patients are allowed to designate an essential caregiver, and this bill guarantees that that caregiver has visitation rights. Rep. Wood explained that a patient could change their caregiver while in the hospital. For example, one adult child could be the designated caregiver on one day and their sibling on the next. Wood also said that the bill prohibits a healthcare facility from requiring visitors to show proof of vaccination. They also are prohibited from banning consensual physical contact between visitors and patients. Wood explained that the Alabama Department of Public Health (ADPH) will be tasked with requiring healthcare facilities to provide visitation policies to the Department and of Public Health. That visitation policy cannot be more restrictive than the policy that the hospital has for its staff. ADPH will develop a mechanism for complaints to be lodged and will have a page on its website that explains the visitation rights law. SB113 also provides for certain immunity from liability. Woods said that a doctor may, in certain circumstances, exempt a psychiatric care facility from the visitation requirement. The legislature passed a bill last year establishing patients’ visitation rights, but that bill was virtually unenforceable. “Last year, we passed House Bill 521,” Wood said in Committee. “The problem was we still had family members who were not able to get into see their loved ones.” This bill would allow a health care facility to suspend in-person visitation of a specific visitor if a visitor violates the facility’s policies and procedures.” The impetus for this bill resulted from highly restrictive (in many cases – complete and total bans on visitations) during the COVID-19 global pandemic. The bill is named after Harold Sachs – the longtime Chief of Staff of the Alabama Republican Party. Sachs was diagnosed with COVID-19 and pneumonia in late 2020. His condition deteriorated quickly, and after a few weeks, he passed away. Sachs’ family – like many Alabama families- were not allowed to visit Harold in the COVID-19 ward. Woods credited the Sachs family for their efforts in getting the bill passed. The bill also was amended to include the name Ann Roberts in the title. Ann Roberts was the wife of State Sen. Dan Roberts. She lost a long battle with COVID-19 in 2021. State Rep. Mary Moore felt that the bill went too far in limiting a hospital’s ability to pass rules to prevent the spread of disease. SB113 passed the Alabama House of Representatives 100 to 1. SB113 has already passed the Senate on a 33 to 0 vote. It now goes to Governor Kay Ivey for her consideration. Ivey could sign the bill into law, or she could veto it and send it back to the Legislature with a recommendation for changes. It takes a simple majority of each house of the legislature to override a governor’s veto in Alabama. Tuesday will be the eighth legislative day of the 2023 Alabama Regular Legislative Session. The Alabama Constitution limits the legislature to no more than thirty legislative days in a regular session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com
