Mike Jones named House Rules Committee Chairman
Two-term representative Andalusia-Republican Rep. Mike Jones was named chairman of the House Rules Committee, Monrovia-Republican Speaker Mac McCutcheon announced Wednesday. Jones, previously the chairman of the House Judiciary Committee who oversaw the probe into former Gov. Robert Bentley’s impeachment investigation, replaces Troy-Republican Rep. Alan Boothe. Boothe vacated the post earlier this week when he announced he would not seek re-election to the House in 2018. “The attention to detail and fairness that he demonstrated and the deep respect that he earned from members on both sides of the aisle are exactly what we need in a House Rules Committee chairman, so I am proud to make this appointment,” McCutcheon said in a statement. Tasked with drafting the list of bills the House will consider each day, the Rules is considered one of the House’s most powerful committees. Jones promised his colleagues he would keep an “open door and an open mind toward issues, bills and resolutions that they consider important.” It is not yet clear who McCutcheon will choose to succeed Jones as the head of the Judiciary Committee.
Alabama House attempting to refine crimes that forfeit voting rights
Months after the presidential election, the debate over which Alabamians have the right to vote continues, as lawmakers in Montgomery are attempting to define what criminal convictions should disqualify a resident from voting. Sponsored by Andalusia-Republican state Rep. Mike Jones, HB 282 passed the Alabama House of Representatives by a unanimous vote on Thursday. Under the Alabama Constitution, a person who commits a felony involving moral turpitude loses his or her right to vote. HB 282, better known as the Moral Turpitude Act, establishes a comprehensive list of 42 felonies that involve moral turpitude, which lawmakers consider worthy of voter disqualification. Below are the 42 felony felonies listed in the bill. Most follow specific stipulations, for details check out the full text of the bill here. Murder Manslaughter Assault Kidnapping in the first degree Kidnapping in the second degree Rape Sodomy Sexual torture Sexual abuse Enticing a child to enter a vehicle for immoral purposes Soliciting a child by computer Human trafficking Terrorism Soliciting or providing support for an act of terrorism Hindering prosecution of terrorism Endangering the water supply Possession, manufacture, transport, or distribution of a destructive device or bacteriological or biological weapon Selling, furnishing, giving away, delivering, or distribution of a destructive device, a bacteriological weapon, or biological weapon to a person who is less than 21 years of age Possession, manufacture, transport, or distribution of a detonator, explosive, poison, or hoax device Possession or distribution of a hoax device represented as a destructive device or weapon Attempt to commit an explosives or destructive device or bacteriological or biological weapons crime Conspiracy to commit an explosives or destructive device or bacteriological or biological weapons crime Hindrance or obstruction during detection, disarming, or destruction of a destructive device or weapon Possession or distribution of a destructive device or weapon intended to cause injury or destruction Treason Dissemination or public display of obscene 6 matter containing visual depiction of persons under 17 years of age involved in obscene acts Possession and possession with intent to disseminate obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts Parents or guardians permitting children to engage in production of obscene matter Production of obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts Distribution, possession with intent to distribute, production of obscene material, or offer or agreement to distribute or produce Trafficking in cannabis, cocaine, or other illegal drugs or trafficking in amphetamine and methamphetamine Bigamy Incest Torture or other willful maltreatment of a child under the age of 18 Aggravated child abuse Prohibited acts in the offer, sale, or purchase of securities Burglary Theft of property Theft of lost property Theft of trademarks or trade secrets as defined Robbery Forgery
Robert Bentley impeachment hearings suspended for investigation by AG Luther Strange
The chairman of the House Judiciary Committee has suspended hearings into the Articles of Impeachment filed against Governor Robert Bentley because the attorney general’s office is conducting a related investigation. Andalusia-Republican state Rep. Mike Jones on Wednesday said the committee decided to put the proceedings on hold at the request of Attorney General Luther Strange. “As I said at the first meeting on the Articles of Impeachment, this committee would work cooperatively with other investigating agencies and today’s action testifies to that,” said Jones in a news release. “We are temporarily suspending activity at the attorney general’s request but we are not abdicating our responsibility. Everything the committee has done remains in effect.” In a letter to Jones on Thursday, Strange said it would be “prudent and beneficial” to delay the work of the committee. “I respectfully request that the Committee cease active interviews and investigation until I am able to report to you that the necessary related work of my office has been completed,” wrote Strange. Speaker of the House, Monrovia-Republican Mac McCutcheon says he supports the committee’s decision. “While I have complete confidence in the Judiciary Committee and its special counsel, I believe that moving forward with the impeachment hearings while there is an active criminal investigation would put a number of parties in a difficult position,” McCutcheon said in a news release. “I support pausing the committee investigation and allowing the criminal proceedings to run their course.” Bentley released his own statement in response to the letter from Strange and the decision to suspend the impeachment proceedings. “I respect the position of the Attorney General and the leadership of the House of Representatives. My focus will continue to be on doing the work of the people of Alabama,” said Bentley. The decision to suspend the proceedings comes just days before the committee was scheduled to set a date to take testimony and evidence. The House Judiciary Committee began Bentley’s impeachment hearings in June.
Robert Bentley, others subpoenaed in impeachment investigation
Alabama’s House Judiciary Committee issued subpoenas to Governor Robert Bentley, his former top aide Rebekah Mason, among others as part of an ongoing impeachment investigation against the governor on Thursday. The subpoenas were issued by Alabama House of Representatives Clerk Jeff Woodard after special counsel Jack Sharman claimed he wasn’t getting voluntarily cooperation. “The office of the governor has flatly, adamantly and in every way possible made clear they are not going to cooperate,” Sharman told the committee. “The same thing is true of every other person and entity on that list I provided you.” The following were issued subpoenas: Robert Bentley, individually and as Governor Bentley for Governor, Inc. Michael H. Echols Jonathan Mason Rebekah Mason Alabama Council for Excellent Government JRM Enterprises, Inc. RCM Communications, Inc. The subpoenaed documents also include five years of the governor’s tax returns, bank records, personnel records, cellphone records, text messages and other communications with Rebekah Mason, Jon Mason, Spencer Collier, Stan Stabler, Ray Lewis and Cooper Shattuck, as well as any government payments to companies belonging to Mason and her husband. “These individuals and corporations have until 5:00 p.m. on Monday, October 10, 2016, to deliver the requested documentation to the special counsel,” said Judiciary Committee Chairman and Andalusia-Republican Rep. Mike Jones in a statement. “If they fail to comply, we will take appropriate action.” Bentley still maintains his innocence, claiming he has not broken any laws or done anything that would warrant impeachment.
Robert Bentley impeachment: Subcommittees created to consider subpoenas, counsel
A legislative committee investigating if there are grounds to impeach Gov. Robert Bentley has created two subcommittees to review potential subpoenas and the hiring of special counsel. Eight state lawmakers have been assigned to the committees, House Judiciary Chairman Andalusia-Republican Rep. Mike Jones announced Tuesday. The subcommittee created to review proposed subpoenas and recommend which ones should be issued to the full House Judiciary Committee will be chaired by former chairman of the House Judiciary Committee, Tuscumbia-Democrat Rep. Marcel Black. Montevallo-Republican Matt Friday, Leeds-Republican Dickie Drake, Killen-Republican Phillip Pettus and Birmingham-Democrat Merika Coleman will join Black on the committee. Jones reiterated the importance of a bipartisan subcommittee in a news release. “I don’t want this to be one-sided,” Jones said in a news release. “This applies to Democrats just as much as it does Republicans.” The second subcommittee, assigned to selecting a special counsel who will oversee the ongoing impeachment investigation will be chaired by Moody-Republican Rep. Jim Hill. He will be joined by Tuscaloosa-Democratic Rep. Chris England along with Birmingham-Republican Rep. David Faulkner. The Judiciary Committee is investigating if Bentley committed any impeachable offenses in a sex-charged scandal involving a former top aide, Rebekah Mason. Twenty-three representatives signed articles of impeachment in April accusing Bentley of willful neglect of duty and corruption in office.
Email insight: Activist father continues to push for fairer custody laws
Activist, father and Alabama Family Rights Association (ALFRA) President, Kenneth Paschal emailed supporters Wednesday urging them to contact their state legislators and ask them to vote no on House Bill 333, a child custody bill. Sponsored by Andalusia-Republican, State Rep. Mike Jones the bill suggests that children should have “frequent and continuing” contact with their parents; the bill fails to define frequent and continued, and preserves the status quo of standard visitation, which unduly restricts a child to 4-6 days a month with one parent. According to Paschal, “Experts in family systems, psychology, sociology, and the like have presented 40 studies, and 112 social scientists around the world have reached a consensus on shared parenting which states ‘…equal or approximately equal time-sharing with a minor child by both fit parents is in the best interest of the child.’” Read the full email below: Unfortunately, House Bill (HB) 333, a child custody bill, passed in the Senate Judiciary Committee April 20, 2016. The Judiciary Committee ignored evidence based research supporting shared parenting, and the Alabama Law Institute has refused to acknowledge this research. Alabama legislators are being told by the Family Law Committee of the Alabama Law Institute and divorce attorneys like Representative Mike Jones that HB 333 is a “starting point bill,” and future change(s) will follow. The problem with this is that HB 333 is based on opinion NOT legal or evidence-based research. (listen to a 3-minute excerpt of the research here) HB 333 will not equally protect a child’s relationship with both fit parents. Neither will HB 333 act in the best interest of the child as the bill fails to consider scientific research which states “… equal or approximately equal time-sharing with a minor child by both fit parents is in the best interest of the child.” HB 333 has been placed on the calendar and could be up for a floor vote in the Senate today, Wednesday, April 27, 2016. We need EVERYONE to TAKE ACTION this morning and all day today: call and email your elected official in the Senate. Ask them to vote NO on HB 333 or implement a friendly amendment that states: “there is a presumption that children have equal or approximately equal time-shared parenting time with their fit parents”. (view the bill here) Be sure to include a reason why the members should vote against House Bill 333. Feel free to use any of the following reasons to explain why committee members should vote “NO” on HB 333: HB 333 fails to align outdated child custody law with current research, which states “equal or approximately equal time-sharing with a minor child by both fit parents is in the best interest of the child.” HB 333 fails to protect the child’s fundamental right to freely associate with both of their parents. HB 333 maintains the status quo, which promotes parental conflict and deprives a child of a quality relationship with both fit parents. HB 333 fails to define “frequent and continuing” contact, which leads to irregularities in child custody rulings. Meaning, without definition, 5 different judges with same facts = 5 different rulings. Ala Code § 30-3-150. Policy of state: “It is the policy of this state to assure that minor children have frequent and continuing contact with parents”. “Frequent and continuing” contact is not defined. Courts consider “frequent and continuing contact” to include only 1 hour per week, 48 hours twice a month, or could be equal custody. HB 333 does suggest the use of parenting plans, which is good, but when based on outdated, flawed public policy, parenting plans are likely minimally effective, at best. HB 333 does consolidate years of case law into one central location, which may benefit both judges and pro se litigants, as a quick reference, but the bill is rooted in flawed case law that perpetuates the same negative impact of the current status quo. HB 333 does not take into account that there is no statutory requirement for judges or family law attorneys to be trained in family law and attend annual Continuing Legal Education training related to family law. HB 333 fails to provide evidence based guidelines to empower the Courts to meet the needs of each unique case, which leads to a “one size fits all” standard visitation schedule. Representative Office Phone Email Bussman, Paul 334-242-7855 p_bussman@bellsouth.net Holtzclaw, William 334-242-7854 bill.holtzclaw@alsenate.gov Orr, Arthur 334-242-7891 arthur.orr@alsenate.gov Reed, Greg 334-242-7894 greg.reed@alsenate.gov Sanford, Paul 334-242-7867 paul.sanford@alsenate.gov Shelnutt, Shay 334-242-7794 shay.sd17@gmail.com Stutts, Larry 334-242-7862 larry.stutts@alsenate.gov Together we can make our voices heard to protect children from being placed at risk. Thank you for your time and for standing up for all children of Alabama.
Alabama legislative week in review: March 21 – March 25, 2016
Legislators briefly passed through Montgomery this week with an eye toward their spring break, which began Thursday and won’t have them back in the statehouse until April 5. Despite only two legislative action days this week, both bodies took up high-profile legislation. Tuesday, the 17th day of the legislative session, got under way with the Alabama House of Representatives clearing the long-contested bill to provide a path to visitation rights for grandparents. HB334 from Rep. Mike Jones (R-Andalusia) passed with an affirmative vote from 97 lawmakers, though debate came over the fact that the bill may circumvent the will of fit parents to make decisions regarding the welfare of their children. Over in the Senate, lawmakers passed SB260 from Sen. Clay Scofield (R-Guntersville). The bill would bar the state from taking money from the state’s park system to prop up the General Fund. The practice is a legitimate concern, as lawmakers have taken $15 million from state park coffers over the past five years to deposit into the General Fund. The Senate also cleared HB34 from Rep. Mac McCutcheon (R-Capshaw). The bill, which was carried by Sen. Greg Reed (R-Jasper), provides tax breaks for state ports in an effort to remain competitive among states with similar incentives. Supporters say the move will attract large businesses and bring jobs to the state. The Senate continued on its roll Wednesday with the passage of SB205 from Sen. Paul Sanford (R-Huntsville), which would prohibit the location of abortion clinics within 2,000 feet of a school and bar the Alabama Department of Public Health from reissuing licenses to any clinic in violation of the new law. The Senate also approved a General Fund budget, which lacks sufficient funding for Medicaid, despite a veto threat from Gov. Robert Bentley. The Senate’s session came to a halt when it stalled a vote on Bentley’s landmark prison transformation bill. In committee hearings this week, the Mobile delegation declined a bill along party lines that would allow county residents to vote on whether or not to raise the local minimum wage to $10.10 an hour. A house committee approved a bill that will put to a vote the notion that a person is a person from the time of fertilization, effectively outlawing abortion in the state. A Senate committee took up a bill that would decriminalize possession of the epilepsy-relieving drug cannabidiol (CBD), but did not vote on the measure. It will likely come up for discussion again when legislators return from spring break April 5.
Grandparents visitation bill clears the Alabama House
The Alabama House of Representatives on Tuesday passed HB334 from Rep. Mike Jones (R-Andalusia), which would provide the criteria by which grandparents may petition for visitation with their grandchildren. Jones noted that Alabama is one of only a handful of states that don’t already have such a law on the books. The bill faced difficulties last year after it was ruled unconstitutional and the Alabama Supreme Court’s decision earlier this year not to take up the bill seemed to stop it in its tracks. But significant work has been done since then by the Alabama Law Institute and others to ensure that the bill can withstand scrutiny. The bill went before committee in early March and drew the support of a wide array of Alabama parents and grandparents, though just as many showed up to oppose the measure. In today’s vote, which garnered an affirmative from 97 Representatives, only Rep. Juandalynn Givan (D-Birmingham) rose to voice concern over the legislation. Givan noted that she had opposed the legislation previously and wanted to ensure that the bill would not hamper Alabama parents from making decisions regarding the welfare of their children. Jones noted that changes were made to ensure the bill would be deemed constitutional, adding that the legislation was based off of a similar law passed in Arkansas. “We’re not reinventing the wheel,” Jones said. “We’re trying to learn from other states.” Jones noted that his bill creates a “narrow door” through which grandparents will have to pass to regain access to their grandchildren and said that Alabama’s law would be one of the most conservative in the country. He added that any decisions regarding reinstated visitation rights will start with the presumption that fit parents have made a decision in the best interest of their children – it will be up to grandparents to prove the opposite. With its passage in the House, the bill will go before a Senate committee before making it to the full Senate in the coming weeks.
Alabama legislative preview: Mar. 14 – Mar. 18, 2016
The Legislative Session resumes Tuesday when the Alabama House of Representatives reconvenes at 1 p.m and the Senate an hour later. The Senate is slated to take up a slew of measures this week, including SB89 from Sen. Arthur Orr (R-Decatur) which would require all Alabama public school students to pass a civics test to graduate. SB148 from Sen. Jim McClendon (R-Springville), which would require all passengers in a vehicle to wear a safety belt, will also come up this week. The measure met with opposition when last it appeared on the floor, as lawmakers questioned the need for furthering meddling in people’s private matters. The “Fantasy Contests Act,” SB114 from Sen. Paul Sanford (R-Huntsville), will also come up for discussion this week, as well as SB14 from Sen. Gerald Allen (R-Tuscaloosa), which would authorize carrying weapons in vehicles without a permit. Over in the House, lawmakers will take up their version of the “Fantasy Contests Act,” as well as the lottery bill from Rep. Alan Harper (R-Northport). HB13 would allow people to vote on whether or not a lottery is allowed in the state, though it provides no details on how profits from such a lottery would be allocated. The body will also take up three bills from Rep. Mike Jones (R-Andalusia): HB332 which would abolish common law marriages; HB333, which would change laws related to judge’s ruling in divorce cases; and HB334, which would provide a process for grandparents to petition for visitation rights with their grandchildren. A slew of alcohol-related legislation is also scheduled to go before the House. The House was scheduled to take on the General Fund budget this week, but the activity calendar makes no mention of the legislation coming before the body. The Senate Committee on Agriculture, Conservation and Forestry is set to take up a bill that would legalize industrial hemp in the state on Wednesday and the Senate Judiciary Committee is slated to take up SB97 from Sen. Gerald Dial (R-Lineville), which would allow the Ten Commandments to be displayed on state and public school property. The Alabama Prison Transformation Initiative Act will once again appear before the Senate Committee on General Fund Finance and Taxation, where a vote is scheduled to take place. The House Committee on Public Safety and Homeland Security will take up HB98 from Rep. David Standridge (R-Hayden), which would provide a lifetime pistol permit to retired military veterans and the House Committee on Health will debate HB159 from Rep. Arnold Mooney (R-Birmingham), which would allow doctors to decline services that violates their conscience. The House Judiciary Committee will take up two marijuana-related bills: HB61, also known as “Leni’s Law,” from Rep. Mike Ball (R-Madison), which would decriminalize possession of the seizure-reducing medication cannabidiol, and HB257 from Rep. Patricia Todd (R-Birmingham), which would make possession of 1 ounce or less of marijuana punishable by only a fine.
Robert Bentley testifies before Congress on Alabama prison reforms
Gov. Robert Bentley on Tuesday testified before a U.S. House panel on the topic of recent reforms in the Alabama statehouse designed to limit long prison sentences for nonviolent offenders and increase inmate rehabilitation efforts, to reduce rates of recidivism and the high cost of housing the state’s incarcerated population. In a statement shortly after a hearing of the House Oversight and Government Reform Committee, Bentley touted Alabama’s reforms as a model for the nation. “Prison reform is an important issue in Alabama,” Bentley said. “Alabama has made significant progress over the last year to improve our criminal justice system, ease some of the challenges in our prison system and maximize the amount of state dollars we spend for the Alabama Department of Corrections. “I believe that our prison reform efforts have created a healthy foundation that can, over time, transform the landscape of the entire criminal justice system for the better.” Alabama, in turn, is following suit on a larger national push for “smart justice,” involving changes to federal sentencing guidelines, a move away from mandatory minimums to give more discretion to judges and focusing on giving former inmates viable alternatives away from criminal activity. Bentley praised congressional leaders for opening its doors to state leaders like him, invoking the old saw about states being the “laboratories of democracy.” “States can be laboratories of changes, creating unique opportunities that can address problems. I believe that Alabama is a national model for prison reform, and it was an honor to share our efforts with Congress,” Bentley said in a prepared statement. The move comes just a day after legislative leaders in Arizona called on Alabama Rep. Mike Jones for counsel on the changes he helped institute along with Sen. Cam Ward during the regular Legislative Session. Jones said on the occasion of his visit to the Grand Canyon state that he, too, hopes Alabama’s recent amendments to its criminal code can help show a way forward for a nation whose prison system is clogged with nonviolent offenders.
Alabama prison reform counsel sought by Arizona
The architect of the Alabama Legislature’s recent prison reform overhaul, Republican Rep. Mike Jones of Andalusia, was invited by Arizona lawmakers to provide guidance as the Sunbelt state studies a similar slate of proposals. According to a release from the office of House Speaker Mike Hubbard, Jones spoke with Arizona policymakers including Joseph Cuffari, public safety advisor to Arizona Gov. Doug Ducey; Maricopa County Attorney Bill Montgomery; Yavapai County Attorney Sheila Polk; and state Sen. Adam Driggs, among others. The meeting is a sign of policy cooperation between the two conservative-leaning states. Gov. Robert Bentley signed SB 67 mandating the shift of some categories of nonviolent offenders out of the prison system into law in late May. The law also calls for more rehabilitation of inmates and aims to reduce the level of recidivism in Alabama as part of a larger national push for “smart justice,” as opposed to the traditional “tough-on-crime” regime popular until recently. Those policies, including mandatory minimums and longer sentences for possession and distribution of drugs, for instance, have clogged the nation’s prison systems and left millions locked up for years longer than previous practices dictated. The Alabama bill Arizona hopes to model will reduce Alabama’s prison population by some 4,200 inmates over the next five years, according to Sen. Cam Ward, who sponsored the bill in the Senate along as Jones helped maneuver it through the House. It will help shed prisoners from the rolls by a creating new low-level felony classification, Class D, which will apply reduced punishments for some property and drug crimes. The bill will also increase the number of Alabama’s incarcerated who are supervised away from a prison or jail. Experts estimate there are 24,678 inmates being housed in a framework built for 13,318, taxing the existing capacity by nearly double. “This is not the final end result,” Ward said to AL.com on the measure. “This is the first step in a long road we have ahead to fixing our corrections system.” The bill came as violence, including a recent riot at St. Clair Correctional Facility, has gotten the attention of the Alabama public and state government. Lawmakers said their proactive approach will help avoid federal intervention into the matter.
House Judiciary panel blocks LGBT civil rights bill
On Wednesday, members of the public were prepared to weigh in on Rep. Chris England’s proposal to expand civil rights protections to include more members of the LGBT community. However, at the last minute, House Judiciary Committee Chairman Mike Jones announced that the public hearing had been cancelled. The committee voted instead to carry House Bill 615 over for further discussion. HB 615 would establish civil rights protections against any discrimination based on sexual orientation, gender identity, or familiar status. England said that each characteristic identified in the bill – race, class, and religion, for example – had been because the group had suffered some form of discrimination. England told lawmakers, “There has been some history that if it isn’t enumerated, it isn’t protected.” Rep. Merika Coleman-Evans offered her support of the bill, saying, “It would be nice for Alabama to be at the beginning of the trend and not always at the tail end.” However, other lawmakers expressed concerns over whether the language in HB 615 could be challenged in the courts. “I would like to table this until we’ve had more time for discussion,” Rep. David Faulkner said. “This bill came very late and it raises some very big issues.” England’s bill is one of two civil rights bills that committee members discussed this week. On Tuesday, the panel gave a favorable report to House Bill 657, companion legislation to a proposal filed last week by Sen. Del Marsh to ban discrimination against state employees on the basis of “immutable” characteristics unrelated to a person’s job performance.
