Alabama House Rules Chair: Legislators to look at gambling, vouchers, workforce
Ralph Chapoco, Alabama Reflector The chair of the powerful Alabama House Rules Committee Wednesday said legislators would look at gambling, charter and voucher programs and the labor shortage in the legislative session scheduled to begin in February. Rep. Joe Lovvorn, R-Auburn, the chair of the House Rules Committee, told county commissioners and directors at the Association of County Commissions of Alabama conference in Auburn Wednesday that the state lacked a uniform approach to gambling. “Anybody had any conversations or thoughts on gambling — we all do,” he said. “Each of your counties have different aspects. Every county in the state has different thoughts of what is legal and what is illegal.” Both lotteries and games of chance are forbidden by the Alabama Constitution. Local amendments allowed for electronic bingo, but the Alabama Supreme Court has read those amendments in narrow ways, making much if not all of the gambling in the state illegal. The state constitution does not affect the Poarch Band of Creek Indians, a federally recognized tribe that operates casinos in Atmore, Montgomery, and Wetumpka. Alabama is the last state east of the Mississippi without a lottery. Attempts by the Legislature to establish a lottery or regulate gambling have fallen apart over mistrust between the Poarch Band and dog track operators and disputes over where legal gambling should be located. Then-Senate President Pro Tem Del Marsh, R-Anniston, proposed a bill in 2021 that in its initial form would have created a state lottery, authorized gambling at certain locations in the state, and allowed sports betting. It collapsed amid disputes among House Republicans over the scope of the bill. No gambling bill has come as close to passage since. Lovvorn Wednesday denounced gambling, saying it was happening in Alabama without the regulatory infrastructure in place to oversee the industry. “We have a lot of quasi-legal activity going on in our state that is being operated by people that may not be the best public stewards, that may not follow the rules that are already in place,” he said. “And a lot of them are out of state, and our rules dealing with gaming are not strong enough.” Lovvorn referred to Alabama residents purchasing lottery tickets but said no one knows who is regulating those with the winning tickets or allocating the money to those who guessed the matching numbers. From there, he pivoted to other types of gambling which he took issue with and that had little regulation in place. “These slot machines are popping up everywhere,” he said. “A lot of them are made and manufactured and maintained by companies here in Alabama. If we want to have this type of gaming, that is something for the people to decide.” Ethics is another issue that legislators want to address. Rep. Matt Simpson, R-Daphne has taken the lead as chair of the House Ethics and Campaign Finance. The committee has convened a handful of times to get background information on the history of the ethics laws developed for Alabama. Members will review the information and use it to draft legislation to update the ethics rules for elected officials. “We need to clarify that, so we all know what rules to follow,” Lovvorn said. Lovvorn also said the Legislature would look at education issues. “The governor has laid out a plan where she wants to have an education savings account, often called a voucher program, that allows parents to use state funds to send their children to a school of their choice,” he said. A similar bill did not pass during the previous session. “We will be spending a lot of time speaking and working through how to make that work so that parents who are looking for an option that is better for children, how we can fix that and not impact other systems,” Lovvorn said. Alabama Reflector is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence. Follow Alabama Reflector on Facebook and Twitter.
Republican Executive Committee will decide presidential delegates, not GOP voters
The Republican National Convention will be in Milwaukee, Wisconsin, next year to select the Republican nominee for President. On Saturday, the Alabama Republican Party State Executive Committee passed its Presidential Preference Primary Resolution – which details how Alabama’s presidential delegates will be allocated for the 2024 Republican Presidential Primary. Much of that remains the same. The major change is that Alabama’s Republican primary voters will still pick the candidates for President of the United States but will not get to pick the delegates pledged to that candidate. In past presidential elections, there were dozens of names on the ballot for voters to select from pledged to each presidential primary candidate. The winning delegates for the candidates with enough votes to be awarded delegates would then represent Alabama at the Republican National Convention. There won’t be any delegates for voters to vote on in the 2024 Republican primary ballot. Voters can still choose which presidential candidate they prefer: Donald Trump, Mike Pence, Ron DeSantis, Nikki Haley, Vivek Ramaswamy, Tim Scott, Asa Hutchison, Chris Christie, etc. The roughly 475-member Republican State Executive will decide who the 50 delegates to the convention are. State Representative Matt Simpson (R-Daphne) introduced the resolution. “Delegates to the convention don’t just nominate the President. They also serve on the rules and platform committees,” Simpson said. “This is party business.” “The best people to make the decisions on how to grow up in the party is to reward the people that have been in the party,” Simpson said. “We know better than anybody who are the workers, who supported the party, who are the Republicans.” “The general public really doesn’t have a clue about the people on the ballot,” Simpson said. State Auditor Andrew Sorrell, who is also the State Executive Committee’s bylaws committee chairman, said that the delegates will still have to pledge to the candidate that they represent before the primary. Alabama will have 50 delegates at the RNC Convention in Wisconsin next year. The Chairman will be one delegate, as will the National Committeeman and the National Committeeman. Those positions are presently held by John Wahl, Paul Reynolds, and Vicki Drummond. The executive committee will then select 26 statewide at-large delegates. Alabama’s seven congressional districts will have three delegates each for a total of twenty-one delegates allocated by congressional district. The 2024 Presidential Preference Primary Resolution keeps the same delegate allotments as previous cycles. Details include the following: A candidate must receive a minimum of 20% of the vote on either the statewide or congressional district level to be awarded any delegates. The 26 statewide at-large Republican delegates will be awarded to the first-place candidate if that candidate receives over 50% of the vote in the state’s Super Tuesday primary. There will be three delegates from each of the state’s seven congressional districts, for a total of 21 delegates. The congressional district delegates will also be awarded to the first-place candidate that receives over 50% of the vote in each of the congressional districts. If no candidate receives over 50% at either the statewide or the congressional district level, the delegates will be awarded proportionally based on primary election results. The state executive committee voted 72% to 28% to approve the bylaw amendment. Since the Republican primary will be on March 5, presumably after the ALGOP’s winter meeting tentatively scheduled for February, there will likely be a special meeting of the State Executive Committee in the Spring to select the delegates. Other items passed at the Saturday meeting include: A ban on campaign donations from the National Education Association (NEA) and its affiliates – including the Alabama Education Association (AEA) – for all Republican school board and superintendent candidates. A resolution condemning President Joe Biden for circumventing the Hyde Amendment and using taxpayer money to fund abortion-related expenses and supporting Senator Tommy Tuberville for standing up to the Biden Administration over its flawed policy. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Wes Allen addresses the Republican Women of Trussville
Alabama Secretary of State Wes Allen spoke on Thursday to the Republican Women of Trussville (RWOT) at the Trussville Civic Center. Allen said that he was sworn in as Alabama’s Secretary of State in January and that both of his two children are now in college. “It has been a big year,” Allen said. “We have got both kids out of the house. It is an adjustment when the kids move out.” “I was born and raised in Tuscaloosa County at the end of a dirt road,” Allen said. From 2018 to 2022, Allen represented Pike County in the Alabama House of Representatives. The group applauded him for sponsoring legislation forbidding doctors from performing gender-altering procedures and treatments on children. “I introduced the House legislation, but the man in the back of the room, (State Senator) Shay Shelnutt, was the man in the Senate,” Allen said. “It took us three years to get it passed.” Shelnutt said, “It should not have taken that long.” “Those procedures, no matter what they tell you, is not reversible,” Allen continued. “It is tied up in federal court,” Allen said. “We will see how that progresses.” RWOT President Terri LaPoint praised the group for their door-knocking to help elect Mike Bolin to the Jefferson County Commission in a recent special election, thus maintaining a 3 to 2 Republican control of the Commission. “Mile Bolin’s win – that was a huge race,” Allen said. “Door knocking makes a big difference. “The best thing we can do is elect conservative people at the local level,” Allen said. “Mike Bolin – it is important to elect conservatives at the county commission level, at the city council level, at the school board level. We have seen how important it is to have conservatives on the library board. Prior to his service in the legislature, Allen was the Probate Judge of Pike County. Allen said his experience as a probate judge helped prepare him to be Secretary of State. “They are our customers,” Allen said of persons coming to their office. “We may not have the government service they want, but they are looking for help. It is our duty as public officials to help them with their problem.” Sometimes the people who came to the Pike County Probate Judge’s office were not in the right office. “Whether or not we could help their problem, we wanted to get them to the right place,” Allen explained. “I take that philosophy with me to the Secretary of State’s office.” “The Secretary of State’s office has 40 employees,” Allen explained. “35 are merit-based. They are here from administration to administration. We have some that are political appointees – the executive staff: Chief of staff, legal counsel, deputy legal counsel, director of legislative affairs, that sort of things.” “We have had a lot of speaking requests,” Allen said. His focus has been on doing the job and “getting things done” in his first six months on the job. “We are now moving around a little more. It is a pleasure to be here.” Allen said that his office recently became aware of a scam using the name of the Alabama Secretary of State’s office. “We are working closely with the Securities Exchange Commission to make sure they don’t get any kind of money, no matter how small,” Allen said. Allen said that he does not court attention and just does his job. “I shouldn’t be running over people to get in front of a camera,” Allen said. Allen said it is important for him to get out into communities and explained that he schedules two or three meetings in towns that he visits to get the pulse of that community. “We want to make sure that we are not so connected in Montgomery that we forget what is happening in Trussville or what is happening in Moulton,” Allen said. “We are fighting fraud in the election side as well,” Allen said. “As a former probate judge, I know what it is like to be at the courthouse at 5:30 on election day, and I know what it is to be the last person to walk out of the courthouse and lock the doors.” “There will be a lot of eyeballs on these secretary of states offices next year,” Allen said. “We are already making preparation for 2024.” “We had illegal immigrants who were stealing IDs in North Alabama,” Allen said. “They were even voting in local elections.” “We removed a board of registrar for registering people who did not live at the location where she registered them,” Allen said. “We removed her. We are not a prosecuting agency, so we turned it over to the local DA in Houston County.” “It all starts in the Board of Registrars offices,” Allen said. “They do a wonderful job, but we had this one person we needed to remove.” “The more I learned about ERIC and studied it, it was really a data mining operation,” Allen said of his controversial decision to withdraw from the ERIC system for managing the voter rolls. “It has been like eight states that have followed our lead,” Allen said. “I cannot talk about the Alabama whole plan that we are putting out yet, but I think you will be proud of what we come up with.” Allen said that in his legislative agenda, “We wanted to solidify our election process.” “It doesn’t take Alabama weeks to count ballots like you have seen across the country,” Allen said. “With the help of Shay Shelnutt, we are always going to have a paper ballot to vote on even after I am gone. Matt Simpson carried it in the house.” “You will always vote on paper ballots in Alabama,” Allen said. “A great piece of legislation. It is common sense.” Allen said that Sen. Clyde Chamblis and Simpson carried his legislation “to make sure that our tabulators cannot be connected to the internet.” The legislature also passed his legislation for a poll worker pay increase. That bill was carried by Rep. James Lomax and Sen. Sam Givhan. “We have partnered with the Alabama State Bar so that
Legislature passes legislation making it a crime to chemically endanger a first responder
On Tuesday, the Alabama Senate sent legislation to Gov. Kay Ivey to make it a felony if someone chemically endangers a first responder. Sponsors say that this has become necessary due to the fentanyl crisis. Fentanyl is very potent and can be absorbed through the skin. A police officer or paramedic who comes into contact with even tiny quantities of fentanyl while interacting with a person can become extremely sick. The legislation passed the Senate on Tuesday. It had already passed the House of Representatives. House Bill 230 (HB230) is sponsored by State Representative Matt Simpson (R-Daphne). It was carried in the Senate by State Senator April Weaver (R-Briarfield). “This bill creates the crime of chemical endangerment of a first responder while that individual is performing his or her duty,” Weaver said. Senate Minority Leader Bobby Singleton (D-Greensboro) asked, “This is a felony on a person, isn’t it?” Weaver answered, “Yes, it is. We are all very interested in making sure that our first responder personnel are protected when they arrive at a scene.” Weaver said that the prevalence of fentanyl across Alabama is the impetus for this legislation. “This is creating a way for imposing penalties for the chemical endangerment of a first responder,” Weaver said. “The Department of Forensics say that they are seeing so much of that (fentanyl) throughout the state right now.” Singleton asked, “Does this bill deal with the intent to do it?” “Usually, when first responders come, it is due to an emergency,” Singleton said. “I might be having a seizure and convulsing, and I might accidentally touch your face with my hands, and I have fentanyl on them. You are coming to try to save my life. I am not trying to hurt you.” Weaver answered, “Three words: knowingly, recklessly, or intentionally.” Singleton said, “That does address my concern of intent because that is a high bar to prove. I want to make sure that we don’t do something with unintended consequences.” SB230 passed the Alabama Senate 30 to 0. “If he knowingly, negligently, or intentionally injures a first responder with a scheduled one controlled substance,” Simpson said when the legislation was in the House of Representatives. “If it is just physical injury, it is a Class C felony. If it is a serious physical injury, it is a Class B felony. To cause the death of a first responder would be a Class A felony.” Of the four classes of felonies in Alabama – A, B, C, D – A is the most serious and typically carries the largest penalties. “Why did you not have this in your previous bill,” raising the penalties for fentanyl traffickers Rep. Juandalynn Givan asked. “I did not want to muddy the water with that bill,” Simpson explained. “Researching that bill, I talked with officers who had been injured in the line of duty from exposure (to drugs).” “It is not just being around it,” Simpson said. For the crime of chemical endangerment of a first responder, the injury must be caused by “ingestion, inhalation, or contact” with the controlled substance. The House of Representatives passed HB230 as amended on a 105 to 0 vote. The legislation now goes to the governor. Tuesday was day 30 and the final day of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama House to consider ambitious special-order calendar on Wednesday
The Alabama House of Representatives will meet on Wednesday at 1:00 p.m. to consider a very ambitious proposed special-order calendar. Senate Bill 206 (SB206) is sponsored by State Senator Clyde Chambliss (R-Prattville). It is being carried on the floor by State Representative Allen Treadaway (R-Morris). SB206 creates the crime of organized retail theft and turns what used to be misdemeanor shoplifting into a felony. Senate Bill 261 (SB261) is sponsored by Sen. Dan Roberts (R-Mountain Brook). It is carried in the House by Rep. Chip Brown (R-Hollinger’s Island). The anti-ESG legislation would prohibit state and local governments from entering into certain contracts that boycott businesses in certain sectors or based on certain environmental or corporate governance criteria. Senate Bill 279 (SB279) is sponsored by Sen. Randy Price (R-Opelika) and carried in the House by Rep. Matt Woods (R-Jasper). SB279 deals with elected county superintendents of education. Under existing law, the salary for an elected county superintendent of education is required to be set by the county board of education before the beginning of the term of office. This bill would remove that requirement retroactive to July 1, 2021. Senate Bill 94 (SB94) is sponsored by Sen. April Weaver (R-Briarfield) and is carried in the House by Rep. Corley Ellis (R-Columbiana). SB94 would move the Shelby County juvenile probation services and probation officers into the state court system. Senate Bill 99 (SB99) is sponsored by Sen. Sam Givhan (R-Huntsville) and carried in the House by Rep. Prince Chestnut (D-Selma). SB99 would increase the mileage reimbursement rate received by jurors Senate Bill 56 (SB56) is sponsored by Sen. Arthur Orr (R-Decatur) and carried in the House by Rep. Allen Baker (R-Brewton). SB56 would require the use of video cameras in certain special education classrooms. Allen is bringing a substitute version of the bill. Senate Bill 292 (SB292) is sponsored by Sen. Roberts and carried by Rep. Joe Lovvorn (R-Auburn). SB292 would provide for the Department of Revenue to grant certificates of exemption from sales and use taxes to contractors and subcontractors licensed by the State Licensing Board for General Contractors for the purchase of building materials and construction materials to be used in the construction of a project for an entity that is exempt by law from paying sales and use taxes. Senate Bill 223 (SB223) is sponsored by Sen. Vivian Figures (D-Mobile) and carried in the House by Rep. Matt Simpson (R-Daphne) would include a child witness in the definition of “a physical offense, sexual offense, or violent offense” for the purpose of the Child Physical and Sexual Abuse Victim Protection Act. Senate Bill 309 (SB309) is sponsored by Sen. Chambliss and carried by Rep. Wood in the House. SB309 is related to contracts for professional services to provide for the procurement of certain professional service contracts based on competitive, qualification-based policies and procedures, as well as to provide for the advertisement of such contracts; and to subject such contracts to a fee schedule established by the Division of Construction Management of the Department of Finance. Senate Bill 198 (SB198) is sponsored by Sen. Orr and carried in the House by Rep. Cynthia Almond (R-Tuscaloosa). It would add additional offenses that would be subject to the presumptive sentencing guidelines; to modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy; to give a judge discretion when sentencing a person convicted of a Class C or Class D felony offense. Senate Bill 184 (SB184) is sponsored by Sen. Greg Albritton (R-Atmore) and carried in the House by Rep. Kyle South (R-Fayette). SB184 would authorize the Department of Corrections to expend funds for the recruitment and training of law enforcement officers and to further the mission of the department. South will introduce a substitute version of the bill. Senate Bill 224 (SB224) is sponsored by Sen. Figures and carried in the House by Rep. Simpson. It provides for the age of a child for the crime of transmitting obscene material to a child by computer, to establish jurisdiction for a violation of distributing a private image, and further provides for the crime of incest. Senate Bill 281 (SB281) is sponsored by Sen. Albritton and carried by Rep. Margie Wilcox (R-Mobile). SB281 creates a new distinctive license plate to benefit the USS Alabama Battleship Commission. Senate Bill 285 (SB285) is sponsored by Sen. Jones and carried in the House by Rep. Terri Collins (R-Decatur).SB285 will allow nonprofit organizations to host wine festivals. Senate Bill 176 (SB176) is sponsored by Sen Orr and carried by Rep. Collins. SB176 is the Student Right to Know Act of 2023. It requires the Alabama Commission on Higher Education to collect and make available online data for students to plan for their educational and professional futures; and for the Workforce Division of the Department of Commerce to share data and information with ACHE. Senate Bill 192 (SB192) is sponsored by Sen. Albritton and is carried in the House by Rep. Donna Givens (R-Loxley). SB192 would allow private corporations to limit access to industrial facilities and that industrial access roads to continue to be maintained as a public corporation. Senate Bill 263 (SB263) is sponsored by Sen. Donnie Chesteen (R-Dothan) and carried in the House by Rep. Terri Collins (R-Decatur). SB263 makes changes to the Alabama Accountability Act of 2013. It revises the law to change the term failing school to priority school and nonfailing to qualifying school to make other changes. Senate Bill 258 (SB258) is sponsored by Sen. Andrew Jones (R-Centre). It deals with nonprofit corporations that provide water services to the public authorizing a one-time audit by the Department of Examiners of Public Accounts. There is a substitute version of this bill. Senate Bill 103 (SB103) is sponsored by Sen. Orr: and carried by Rep. Almond. It would require the Alabama Ethics Commission to provide exonerating evidence to persons accused of ethics wrongdoing. Almond will introduce a substitute. Senate Bill 76 (SB76) is sponsored by Sen. Will Barfoot (R-Pike Road). It is carried in the House by Rep. Lovvorn. SB76 establishes the Rural Logging Support Act, funding supporting rural economic Development. Wednesday will be Day 28 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
House considers legislation to create an internet porn registry and require porn sites to have age verification
On Wednesday, the Alabama House Judiciary Committee considered legislation that would require any company that would distribute pornography over the internet to consumers in the state of Alabama to register with the state of Alabama, and that site must have some form of age verification to make sure children cannot access pornography. House Bill 441 (HB441) is sponsored by State Representative Ben Robbins. HB441 is cosponsored by House Majority Leader Scott Stadthagen and Rep. Jamie Kiel. “This bill is trying to prevent children from having access to pornography,” Robbins said. “A company that wanted to distribute pornography would be required to register with the state of Alabama.” Robbins said that this bill is necessary to protect children from the harmful effects of pornography, “The more hyper-sexualized you are, the more violent you become to your partner of the opposite gender,” Robbins explained. “After the registration, a commercial entity is required to have an age verification process to verify that you are at least 18 years old. In some states, they use biometrics. That could be off a credit report. Robbins offered a substitute to the version of the bill that he had originally introduced. “The sub changes some of the language that Rep. (Matt) Simpson had about privacy rights,” Robbins said. “It also addresses the cause of action questions that Rep (David) Faulkner had.” Robbins explained that the substitute makes it severable if one portion of the act is declared unconstitutional, then the rest of the act can remain in place. Robbins added that the bill includes language so that “if they (the porn company) save any data from you, then you would have a cause of action.” Rep. Ontario Tillman asked, “Is this patterned after a similar statute?” Robbins said that initially, his bill was all original but has borrowed some language from bills in other places. “No state or country, as far as I know, have a registration component.” The synopsis states, “This bill would provide legislative findings regarding the public health crisis caused by pornography. This bill would prohibit the distribution of material harmful to minors under 18 years of age. This bill would require distributors of material harmful to minors to take certain reasonable measures to ensure their published material is not distributed to minor children by use of age verification procedures. This bill would require distributors of material harmful to minors to pay a licensing fee to distribute pornography in this state and would provide for the distribution of the fee. This bill would also provide penalties for violations.” A study by the Children’s Commissioner for England found that one out of ten children have watched pornography by the time they are nine years old. Four out of five (79%) surveyed have seen pornography involving violence by the age of 18. One in three young people have actively sought out depictions of sexual violence such as physical aggression, coercion, and degradation. The report, by Dame Rachel de Souza, also points to the harmful effects of exposure to violent pornography. Nearly half of the 16- to 21-year-olds who took part in the survey assumed girls either “expect” or “enjoy” sex that involves physical aggression, such as airway restriction. “Throughout my career as school leader, I have witnessed the harmful impact of pornography on young people. I will never forget the girl who told me about her first kiss with her boyfriend, aged 12, who strangled her. He had seen it in pornography and thought it normal,” she wrote in the foreword to her report. On Tuesday, the Alabama House of Representatives passed legislation to further protect children from pornography by requiring that all new cell phones sold in the state have their installed porn filters turned on. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
House committee advances legislation to allow some habitual offenders relief from life sentences
In the past, Alabama has had a strict habitual offender law where people convicted of three felonies received life without parole. Sentencing reform in the decades past has largely done away with that 1980s sentencing standard. On Wednesday, the Alabama House Judiciary Committee advanced legislation that would allow some offenders serving life sentences under that old statute to be given a possible pathway for release. House Bill 229 (HB229) is sponsored by State Representative Chris England (D-Tuscaloosa). HB29 had been carried over in committee due to concerns that some members of the Judiciary Committee had about the legislation. “It has been on the agenda for weeks in order to do work for it,” England said. “This is one of those rare times in this building where the process worked.” “Russell Bedsole has offered two amendments,” England explained. I have also worked with the AG’s office Katherine Robinson and Bennett Wright.” England explained that his bill addresses only inmates who received life without parole sentences under the habitual offender statute. This bill is limited to those inmates given life without parole before 2000. These inmates would get a hearing before a judge to consider whether or not to commute their life sentences. “This pares it down to a group of individuals who will have to have served 23 years,” England said. England explained that Rep. Bedsole is concerned about crime victims. “The Judge will give considerable weight to any objection brought by the victims,” England said. Authorities must notify the law enforcement agency that arrested them before the inmate gets a hearing. England is a former prosecutor who currently works as an attorney for the City of Tuscaloosa. “This gives everybody in this group one shot for review, and if you are denied, there is no appeal,” England explained. “It has got a sunset provision. After five years, this section is repealed, so after five years, that group of people won’t grow.” Bedsole said. “This wasn’t something I wanted to see progress the way it was (introduced).” Bedsole is a captain in the Shelby County Sheriff’s Department. Rep. Matt Simpson offered an amendment to the bill. “I know you have moved it from 30 days to 50. Could you stretch that to 90 days?” Simpson said that as a former prosecutor, he knows how difficult it is for the DA’s office to prepare for a hearing on an old case where evidence was filed decades ago. Rep. Tim Wadsworth asked, “Is there an age factor in this bill? England replied, “No, you would already have served 23 years, so most of them are about 60 years old. At least 50.” The committee voted to adopt the Bedsole and Simpson amendments and gave HB229 an Adopted favorable report though there was no opposition. The legislation could be voted on by the full House of Representatives as early as Tuesday. Thursday will be day 20 of the 2023 Alabama Regular Legislative Session. The House convenes at 9:00 a.m. and has a lengthy special order calendar. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama House passes bill to make it a crime to chemically endanger a first responder
Fentanyl has been a deadly scourge in the state killing thousands of drug users. It has also become dangerous for first responders who have to deal with drug dealers and drug users who are suffering from drug overdoses. House Bill 230 (HB230) is sponsored by State Representative Matt Simpson (R-Daphne). “This bill would create the offense of a criminal endangerment of a first responder,” Rep. Simpson explained, “With escalating penalties depending on the degree of the injuries to the first responder.” “If he knowingly, negligently, or intentionally injures a first responder with a scheduled one controlled substance,” Simpson said. “If it is just physical injury, it is a Class C felony. If it is a serious physical injury, it is a Class B felony. To cause the death of a first responder would be a Class A felony.” Of the four classes of felonies in Alabama – A, B, C, D – A is the most serious and typically carries the largest penalties. “Why did you not have this in your previous bill,” raising the penalties for fentanyl traffickers Rep. Juandalynn Givan asked. “I did not want to muddy the water with that bill,” Simpson explained. “Researching that bill, I talked with officers who had been injured in the line of duty from exposure (to drugs).” “It is not just being around it,” Simpson said. For the crime of chemical endangerment of a first responder, the injury must be caused by “ingestion, inhalation, or contact” with the controlled substance. Rep. Napoleon Bracy asked Simpson why he did not address this in the previous bill. “I did not want to add something on it,” Simpson explained. “I wanted that to get through clean. This came up while I was working on it. I heard so many stories from officers who had been injured. They have to get Narcan hit. They have to go to the emergency room. There have been serious injuries.” Bracy said, “You can have a crime scene that spills over into other areas.” Bracy, whose wife is in the medical field, wanted emergency room doctors and nurses who may be exposed to dangerous narcotics while tending to narco-traffickers also included in the definition of “first responders” in this bill. “I think we are missing a group of people that need to be included in this,” Bracy said. “They (the drug dealer/users) are either going to a hospital, a psychiatric facility, or a county jail. I think we need to include them.” Simpson said after some discussion with Bracy and staff, “They are included. The medical teams at the hospital would be included.” Rep. Laura Hall brought an amendment to the bill adding in some language to the bill. Simpson said that the Hall amendment was a friendly amendment. The Hall amendment was adopted in a 105 to 0 vote. The House of Representatives passed HB230 as amended on a 105 to 0 vote. The legislation now goes to the Alabama Senate for their consideration. Wednesday will be day 17 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
House passed legislation banning employers from requiring that employers be microchipped
On Thursday, the Alabama House of Representatives passed legislation that would prohibit employers from requiring that their employees have microchips inserted in their bodies. House Bill 4 (HB4) is sponsored by State Representative Prince Chestnut. Chestnut said that this bill’s purpose is “preventing the microchipping of employees by employers.” State Rep. Kenneth Paschal said, “I love your original bill as written, but I have a problem with an amendment in the committee substitute.” Chestnut said, “My plan is to table the committee substitute and pass the original bill.” “What are we doing?” Rep. Laura Hall (D-Huntsville) asked. “What is the intent?” “I read a lot, and one of the things that concerned me is a push in certain areas to microchip people in some places in the workplaces,” Chestnut said. “It is really catching on in Europe. It is taking place in parts of this country.” Hall asked where it was being done. “I did find where it is happening at a tech company in Wisconsin,” Chestnut said. “Wisconsin passed legislation after the fact. Nevada has passed legislation prohibiting it, and Arkansas has passed legislation.” Hall asked if it was occurring in Alabama. Chestnut said that it wasn’t happening in Alabama to his knowledge, but this legislation is being proactive rather than waiting until it does happen and legislating after the fact. “If somebody wants to voluntarily get microchipped, you still can,” Chestnut stated. Chestnut explained that the technology exists so people can access a secure building by having a microchip implanted into the body or the hand. There are even applications where people are getting a microchip installed in their body that functions as a debit or credit card; you just put your hand in front of the scanner, and the funds for your purchase are deducted from your purchase account electronically. This bill does not prevent people from voluntarily being microchipped. “What I want to do is stop it from being mandated,” Chestnut said, “That is everyone’s personal body integrity.” Chestnut explained that the committee substitute would “allow prisoners in the Department of Corrections can be microchipped. I talked with Mr. (Cam) Ward at Pardons and Paroles, and he said that the surveillance in place is sufficient. They don’t want it. I don’t want to see it on inmates because sooner or later, it will work its way up to us.” Rep. Matt Simpson said, “I am completely in support of taking off the committee amendment.” Simpson said that the whole Judiciary Committee favored tabling the committee substitute. Rep. Thomas Jackson said, “I understand microchipping a pet so that if it gets lost that it can get back to its master. How does microchipping an inmate ever make sense?” The House voted 105 to 0 to table the House Judiciary Committee substitute and consider HB4 as originally introduced. Rep. Ritchie Whorton said, “I agree with you that we should have a right to decide what goes in our bodies. My bill, HB31, the Healthcare Freedom Act, would have prevented an employer from requiring that employees take vaccines against their will.” Violating this act would be a Class D felony in Alabama. Whorton said that business interests in Alabama blocked his bill and asked where they were on Chestnut’s bill. Chestnut said, “I don’t know who is against it, but I had to work it really hard to get it to the floor.” HB4 passed the Alabama House of Representatives 104 to 0. The legislation now goes to the Alabama Senate for their consideration. It has been referred to the Senate Judiciary Committee. Tuesday will be day 16 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 so drug dealers can be charged with manslaughter in overdose deaths
On Thursday, the Alabama House of Representatives passed legislation allowing prosecutors to charge a drug dealer with manslaughter if they provide a controlled substance that causes someone to die. House Bill 82 (HB82) was sponsored by State Representative Chris Pringle. Pringle explained that he had friends in Mobile who mortgaged their house, mortgaged everything they had to pay for their son to get through rehab. His drug dealer stalked him. The drug dealer kept calling him, followed him to Narcan on meetings, and even lied to his mother to get his number. Finally, he broke him down. “The drug dealer talked her son into buying an oxycodone laced with fentanyl, and he died,” Pringle said. Pringle explained that with HB82, “If you give someone a controlled substance and you are not a doctor or a pharmacist, and you kill someone, you can be charged with manslaughter.” Juandalynn Givan expressed concerns that college students could get charged with manslaughter if they do drugs with their friends and one of their friends overdosed and died. “I have walked on college campuses, and some of them are walking around like zombies,” Givan said. “We all know how it is on gameday and sometimes at other times.” “Let’s talk about the transfer of the offense to a third party,” Givan said. “We have kids who play around and buy drugs, not knowing that that drug was laced with fentanyl. If their friend died, that person would then be charged with manslaughter.” “If you are dealing a controlled substance, and you are not licensed to distribute a controlled substance, and you kill somebody, you get charged with manslaughter. You killed your friend, and you will have to live with that,” Pringle said. “If you go to Atlanta and buy 2,000 oxycodone pills from your dealer, and you sell them in Birmingham, and people start dying, then you are guilty of killing them.” “Why do we not have anything in the bill about knowingly,” Givan said. “I want to make sure that there is not an unintended consequence with the bill. It is a good bill.” Pringle said, “This is the same exact bill that has passed out of this chamber before.” The bill has passed out of the House three years in a row but has stalled in the Alabama Senate. Givan said, “Folks are lacing marijuana with fentanyl and all kinds of things.” Rep. Allen Treadaway said, “I don’t think people realize just how bad things are. Over 100,000 people have died in this country in the last year due to drug overdoses. Jefferson County had a 400 percent increase in fentanyl deaths. Students that take Ritalin to stay up studying, and if they take a Ritalin laced with fentanyl and they are dying.” Rep. Jim Hill said, “I support the bill because it is a reasonable consequence of what we are trying to do. If you sell a controlled substance and if that substance leads to the death of a third person, you either knew or you should have known what the consequences are.” Rep. Laura Hall said, “We already know who the drug dealers are.” Pringle said, “We addressed that with Mr. [Matt] Simpson’s bill dealing with the trafficking of controlled substances.” “After my friend’s son died, another child took a fentanyl-laced oxycodone from that person and died,” Pringle said. “They are charging that person now.” “This clarifies that under the law, they can be charged with manslaughter,” Pringle said. “The district attorneys want clarification that they can charge the drug dealers that are killing our children with manslaughter.” “I am talking about putting them in jail for killing people,” Pringle explained. “I think the drug dealers should be put in jail for dealing drugs. I think the drug dealers that are killing people should be put in jail for killing people.” “I personally think there are a lot more fentanyl deaths occurring than are being reported,” Pringle continued. “That is why we are putting more money in forensic labs.” Rep. Kenyatta Hassell expressed concerns that the user could alter the drugs after they purchase them from the dealer. “If he alters that drug himself, he is going to be charged,” Hassell said. “It is a real concern that if the user modified the drug himself.” “We acknowledge that people give drugs to people all the time,” said Rep. Chris England. “Under this law, they could be prosecuted for manslaughter. This is one of those bills that probably has more unintended consequences than intended consequences.” Rep. John Rogers brought an amendment adding the word “knowingly” to the bill. “I consider this a friendly amendment and ask that members vote for it,” Pringle said. The amendment was adopted on a 104 to 0 vote. “The last place you want to put a person with an addiction problem is to put them in prison,” England said of two people who use drugs together, and one of them dies. “Your bill would make that person a murderer or convicted of manslaughter.” “You’re automatically assuming that a person who is using a controlled substance is a bad person,” England said, charging that HB82 was “overcriminalization.” HB82 passed the House with a bipartisan majority of 88 to 11. The bill now goes to the Senate for their consideration. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Steve Flowers: Alabama has a host of outstanding political leaders under 45
It may appear to you and most casual observers of Alabama politics that our Alabama elected officials are old. That observation is accurate when you observe our current leaders in the highest offices. The governor’s office has been held by mature folks in recent years. Our current Governor, Kay Ivey, is 78 and has been the object of national media humor for appearing to be a pistol-toting great-grandmother. Dr. Robert Bentley, her predecessor, was in his 70’s, but he may have been sprier than he appeared. Bob Riley was no spring chicken while governor at age 65, although he looked younger. Our iconic senator, Richard Shelby, retired in January at 88 after a record-breaking 36 years in the U.S. Senate. Our new Senior Senator, Tommy Tuberville, is 68. This was not always the case in the Heart of Dixie. In the period from 1930 through 1970, we elected the youngest political leaders in the nation, beginning with our legendary tandem of United States Senators Lister Hill and John Sparkman, who served together close to 30 years. Lister Hill was elected to Congress from Montgomery in 1923 at age 29 and was elected to the U.S. Senate at age 44. John Sparkman was elected to the U.S. Senate in 1946 at 46 after serving as the Congressman for the Tennessee Valley. If you think Hill and Sparkman were young when they went to Washington, you have not seen anything like the governors we elected from 1946 -1966. James E. “Big Jim” Folsom was 38 when he was elected in 1946. John Patterson was 37 when he was elected in 1958. Patterson was referred to as the “Boy Governor.” When George Wallace was elected to his first term in 1962, he was only 43. When his wife Lurleen Wallace was elected in 1966, she was 40. She died in office of cancer less than two years later at 41. Lurleen Wallace was succeeded by Lt. Governor Albert Brewer, who had been Speaker of the Alabama House at 34, Lt. Governor at 38, and was 39 when he became governor. Bill Baxley was the youngest Attorney General in America when he was elected Attorney General of Alabama at 29 years old in 1970. He had been a 25-year-old District Attorney in Houston and Henry Counties. Baxley still practices law in Birmingham at 81. Well, folks, a cursory look at our current top elected officials may appear old. However, we have a generation of young political leaders arriving on the scene in Alabama. We already have superstars on the horizon and already on the scene who are under 45. Our new United States Senator, Katie Britt, is only 40 years old. She has the ability and youthfulness to be one of Alabama’s greatest senators. She has gotten to the Senate at a younger age than Hill, Sparkman, or Shelby. Marshall County has become the hotbed and breeding ground for the next generations of Alabama political leaders. This beautiful pristine lake area of North Alabama lays claim to Lt. Governor Will Ainsworth, age 41, State Senate Majority leader Clay Scofield, age 42, and State Representative Wes Kitchens, who is 35 and is Vice Chairman of the House Republican Caucus. Andrew Sorrell, the newly elected State Auditor, is only 37. He has a bright future. The brightest star in the Democratic ranks is Huntsville State Representative Anthony Daniels. At age 40, Daniels is a superstar. He is in his third term in the House from Huntsville. He is the Minority Leader in the House. This gentleman is also a successful high-tech businessman in Rocket City. There are several other stars under 45 in the Alabama House of Representatives besides Daniels and Kitchens, including Kyle South of Fayette, Matt Simpson of Daphne, Joe Lovvorn of Auburn, Ben Robbins of Sylacauga, Scott Stadthagen of Madison, Corey Harbison of Cullman, and very young newcomers James Lomax of Huntsville and Brock Colvin of Albertville. Joining the affable and accomplished 42-year-old Senate Majority Leader, Clay Scofield in the powerful State Senate in the under 45 superstar group are Senator Chris Elliott, 42, of Baldwin, Senator Andrew Jones, 38, of Cherokee, and newly elected Senator Josh Carnley from Coffee County who is 44. Alabama has a host of under 45 political leaders. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column is seen in over 60 Alabama newspapers. Steve served 16 years in the legislature. He may be reached at: www.steveflowers.us.
