Alabama state senator’s controversial pre-filed ‘bathroom bill’ aims to protect privacy
Silently waiting for the upcoming 2017 legislative session, you’ll find dozens of pre-filed bills in the Alabama Legislature. Perhaps the most controversial of the current bunch is Rainbow City-Republican, state Sen. Phil Williams‘ “bathroom bill,” SB 1. Titled the Alabama Privacy Act, the bill aims to protect the privacy of public bathroom goers by mandating “[a]ny person or entity that makes restroom, bathroom, or changing facilities available to the public shall do so in a manner that ensures the privacy of each individual” using the facility. The bill specifies the types of public rest rooms that may be provided based on the gender of the user. According to the text, the requirement could be fulfilled in one of three ways: a single user facility; facilities separated by the physical gender of the users; or, if facilities are provided in a unisex/transgender manner, an attendant for each facility must be onsite to address any concerns or questions of the general public. For entities that fail to provide what Williams deems “appropriate” facilities to the public, they will face harsh civil penalties in the following amounts: A fine of not less than two thousand dollars ($2,000) for the first violation imposed upon the person or entity payable to the local governing body from whom the person or entity received its license to so provide the facilities. A fine of not less than three thousand five hundred dollars ($3,500) for each subsequent violation. Williams also provides a private right of action in court for those individuals who have been harmed or aggrieved where the appropriate facilities were not available. “My legislation is designed to provide security to the public at large, and this bill could just as easily protect a transgender user of a public facility from being harmed as well,” Williams wrote in an op-ed back in May following President Barack Obama‘s executive transgender bathrooms directive. The president’s controversial directive stipulated that schools must allow students access to restrooms and locker rooms of their gender “identity,” rather than their sex, or lose federal funding .
Alabama state rep. Phil Williams mulls introduction of sanctuary city penalty bill
With the election of Donald Trump, there’s no denying we’ve entered a new era of immigration politics. If the president-elect holds true to his campaign promises, gone are the days of looking the other way on lax immigration enforcement, and that includes not “rewarding” sanctuary cities — cities that have adopted a policy of protecting undocumented immigrants by not prosecuting them solely for violating federal immigration laws in the country in which they are now living illegally. During his campaign, Trump promised he’d strip such cities of their federal funding. “We will end the sanctuary cities that have caused so many needless deaths,” Trump declared in a speech outlining his immigration proposals in August. “No more funds!” And now Rainbow City-Republican, Alabama state rep Phil Williams is considering following Trump’s lead and introducing a bill in the Alabama Legislature that would deem any Alabama city or county that declares themselves a sanctuary city ineligible to receive any state funds. Williams first brought up the “America First” idea on Sunday night when he posted on Facebook querying his friends and constituents as to whether or not they thought it would be a good idea. Within the first hour, Williams 8:02 p.m. post had garnered over 50 responses, mostly positive. When Alabama Today asked whether or not he planned to move forward with his idea, Williams said yes. “There have already been some great FB feedback but I am moving forward,” Williams said. While there has yet to be any Alabama cities/counties that have declared themselves sanctuary cities, Williams sees this as an opportunity to lead where others are failing to lead and ultimately bring Americans together. “It’s not my style to attack problems that don’t exist at home,” Williams explained, “but I think folks should be rallied to support laws which will ultimately pull us all together. The regular session of the Alabama Legislature is scheduled to begin Feb.7, 2017, for now Williams can only pre-file the bill should he choose to proceed.
Phil Williams: Fortress America
For some time, I have been working on the draft of an opinion piece I loosely entitled “Fortress Alabama.” The impetus for the piece was the deep concern I have for the loss of conservative positions in national politics, and the feeling that Alabama could become one of the last bastions of defense for those positions. But then Election Day came and the tide turned. We now stand on the brink of being able to reverse some of the most egregious overreaches of liberalism ever seen. Buoyed by the Republican victories led by President-elect Donald Trump, I have restyled my draft as “Fortress America”. What is a fortress? Standard dictionary definitions don’t do the word justice. You have to create a full mental image to grasp what a fortress really is. A fortress is a strong place situated on key terrain. It is a place of refuge and security from dangers that lurk outside its walls. A fortress is a secure place in which strategies are formed, ideals are preserved, and provisions are stored. It is a position from which attacks are launched against the enemies of those charged with the security of the land. The walls are thick, the ramparts are steep, and flags wave from the highest point. The view from the top of the fortress takes in all of the lands that are to be protected, routes the enemy might use, and the clear fields of fire designed to hold attackers at bay. A fortress is not an accidental location — it is an intentionally developed strategic location built with great labor and forethought. America once again has an opportunity to be a conservative fortress for the world. For the past eight years there has been a steady bludgeoning of conservatism from the bully pulpit in Washington. Constituents are calling me to voice concern over the massive premium increases they are experiencing under the inaptly named Affordable Care Act. American foreign policy has become one of “do no harm” as opposed to the projection of strength. The enemies of our nation have grown accustomed to tepid responses to their violence and extremism and have therefore become emboldened. On the home front, our southern border is porous and so-called sanctuary cities are not confronted. Meanwhile our courts have become a place where religious liberties and conservative values are deemed secondary to the advance of liberal activism. Status-quo liberals have denounced and fought the opportunity for parents to choose the best education for their children. Government regulations enacted by executive fiat have burdened free enterprise and destroyed jobs. I could cite example after example for each of the topics just noted, but I am sure that the readers have already referenced their own. I’m proud to be a Christian, a conservative, and a Republican — in that order. That’s my team. I have chosen not to remain ambivalent or fatalistic to the advance of liberal policies. While there may be those in elected positions who choose not to address hot issues, or who consider something a moot point because it is deemed by liberal progressives as inevitable, I pledge to lead. I was elected as a conservative by a conservative majority. There are pressing issues that demand our attention and the time we are in is suited for the struggle For the first time in many years, Republicans hold a majority in the vast number of state Legislatures. That strength in the states, combined with a Republican majority in the U.S. Congress and the coming inauguration of President-elect Trump, means conservatism is ready for a comeback. The people have spoken, and I’m expecting to participate in a turning of the tide that the world will take note of. Fortress America is the place that will provide refuge, provisions, and strength in an uncertain world — but only if the conservative mandate we have been given is acted upon without delay. In the end, when generations to come look back on this time, I will not be recorded as one who merely shrugged his shoulders and went blithely along his way. This nation is a fortress for good in the world and the world needs Fortress America. ••• Phil Williams represents Etowah, Cherokee, DeKalb and St. Clair counties in the Alabama Senate. Follow him on Twitter for the latest legislative updates: @SenPhilWilliams.
Phil Williams: It’s time for fundamental budget reform
A few nights ago I watched in tense disbelief as a man jumped from an airplane at 25,000 feet without a parachute! As an Army Paratrooper, I never exited a plane without both a main chute and a reserve. This man jumped from almost five miles high into a net without either. It was an incredible feat of skill and daring with no chance of a do-over. The jumper had to get it right the first time. Let me use that as an analogy to discuss the coming special session of the Alabama Legislature: we need to come in the door of the Statehouse and stick the landing. Let’s nail the net the first time. Our state is one of only three in the nation that bears the self-imposed load of having two budgets (Education and General). Every year we find ourselves in the throes of an annual political Kabuki dance called budget negotiations that usually involve the tense discussions of surplus funds in the Education budget versus shortfalls in the General Fund. By law, nearly all of the growth revenues that go up with a good economy benefit only the Education budget, while generally flat revenues go to the General Fund. Too often, the General Fund is like Oliver Twist, an orphan child forced to beg for more or go hungry. Yet, I recognize the valid concern that if the budgets were combined, the two runaway expenditures in the General Fund (Medicaid and Corrections) could eat education alive. It does not need to be this way. Each budget is vital to our state’s interests. Public education is the backbone of our economy and a vital link between Alabamians being free of dependency on the state and able to thrive in the workforce. Likewise, the General Fund supports vital services like State Troopers, Mental Health, Medicaid, Prisons, the National Guard, and thousands of state employees. Neither budget can survive in a state that does not care for both. I recently met with the leadership of both the House and the Senate to propose what I simply call “the Two-Step Plan”. This plan combines fiscal reform with the potential for increased revenues gained by a lottery. And the entire plan engages the people of this great state by giving them the final say in the form of a vote. To be clear, I have never been a fan of lotteries. I don’t think it is wise stewardship to see games of chance as an all-encompassing solution to our budget woes. But if a solid lottery bill came before me that was tightly governed, expressly disallowed the expansion of casino gaming, benefited the General Fund, and was voted on by the people, then I would not work against it. I am a fiscal hawk, and firmly believe that we must fix the broken manner in which revenues are distributed within our multi-budget structure. The Two-Step plan proposes to pass separate but linked pieces of legislation. The first is a version of what was proposed by my colleague Senator Paul Sanford during the 2015 Regular Session that establishes one fund into which all revenues are deposited. From that fund the revenues would be allocated to the two budgets, 76% to the Education Trust Fund and 24% to the General Fund. The second bill would be a lottery whose revenues are collected and deposited into the same fund and divided in a like manner. Each of the two bills must first pass the Legislature, and then both must also pass a majority vote of the people. If one bill fails, they both fail. Those who want fiscal reform must engage the lottery issue, and those who advocate for a lottery must accept long-term budget reform. In the end, the people of this State will decide the ultimate outcome. Budget analysts have indicated that enactment of the Two-Step Plan could see a net increase of over $200 million to the General Fund and almost $100 million to the Education Trust Fund. At that point, discussions of moving revenues between the budgets would be unnecessary. Likewise, any concerns that purists have of a future consolidation of the two budgets would also be over. As the Chair of the Senate Committee on Fiscal Responsibility, I believe that this plan is very doable. It allows everyone to have a say in the process, achieves true budget reform, and ends the lottery debate forever. If this budget plan fails at the polls, then the people will have spoken, and we will return to austerity measures and face the inevitable debate of future taxes. This proposal is bold, audacious, and its time has come. The special session is upon us. Let’s stick the landing! ••• Phil Williams represents Etowah, Cherokee, Dekalb and St. Clair counties in the Alabama Senate. Follow him on Twitter for the latest legislative updates: @SenPhilWilliams.
The shortlist of who could replace ousted House Speaker Mike Hubbard
After seven hours of deliberation and a 13-day trial, a Lee County jury found Alabama House Speaker Mike Hubbard guilty of 12 felony charges of using his government position for personal gain. A verdict that automatically removes him from office and paves the way for a special Speaker election. In the interim, while the seat remains vacant, Mobile Republican and Speaker Pro Tem Rep. Victor Gaston becomes acting speaker under state law and House rules. He will serve in this role for the “foreseeable future,” until a new Speaker is elected, according to a release from the Speaker’s office. Here are five Republicans who could ultimately replace Hubbard: Phil Williams District: House District 6 County: Limestone County, Madison County Williams has already expressed interest in the position, “I will make the move, when I feel there is broad support for the move,” Williams said in February of going after the Speakership. The statement, and subsequent move of counting potential votes, ultimately cost him his leadership position. “Yeah, I’m no longer a chairman,” Williams explains. “I was one of Speaker Hubbard’s leaders on his leadership team. He’s removed me as chairman of the Technology and Research Committee.” Click “2” below to see who else is on our short list.
Phil Williams takes stand against ACLU lawsuit over pro-life law
The American Civil Liberties Union (ACLU) filed a lawsuit against pro-life legislation sponsored by Rainbow City-Republican state Senator Phil Williams during the 2016 Alabama legislative session last week. The lawsuit challenges SB363, the Unborn Child Protection from Dismemberment Abortion Act, which prohibits a procedure called dilation and evacuation (“D&E” abortion), which accounts for approximately 95 percent of all abortions in the second trimester. It allows an exception only in the event of a “serious health risk to the mother.” According to Life News, “the ACLU argued that the laws restrict women’s access to abortion by closing abortion clinics and ‘severely curtailing’ second-trimester abortions in Alabama. Its lawyers also argued that dismemberment abortions are safe, common second-trimester procedures that women should have access to.” Williams responded Tuesday and slammed the ACLU for the lawsuit. “Last week, the ACLU filed a misguided legal challenge against the Unborn Child Protection from Dismemberment Act (SB363), which prohibits the gruesome abortion of unborn children by dismemberment,” Williams said in a statement where he cited a U.S. Supreme Court opinion in the case of Stenberg v. Carhart by Justice Anthony Kennedy, describing the procedure: “The fetus, in many cases, dies just as a human adult or child would: It bleeds to death as it is torn limb from limb.” “Life is a gift from God and protecting life is a primary duty of any court or legislature,” Williams continued. “The people’s representatives in the Alabama Legislature overwhelmingly approved the passage of the Unborn Child Protection from Dismemberment Act, and I am confident the courts will uphold its legality.” The law has been signed by Gov. Robert Bentley and is slated to go into effect August 1.
Luther Strange: Bathroom issue is just another Obama overreach
Alabama Attorney General Luther Strange signaled in a press release Friday his stance on the growing nationwide conversation over where transgender men and women should be permitted to use the restroom. “The Obama Administration’s new guidance document is just one more example of the kind of federal overreach that we have come to expect from this White House,” said Strange. “School bathroom use is an issue that should be decided by parents, teachers, and principals—not federal bureaucrats. The DOJ guidance document is also wrong on the law. Title IX allows schools to have separate facilities for separate sexes. The law says ‘sex,’ not gender identity. If the Obama Administration tries to enforce this absurd edict, I will work with other Attorneys General to challenge it.” The recent rise in awareness of the issue has been sparked by a number of states and localities dictating whether or not people must use the bathroom corresponding to their gender at birth. This week the Obama administration’s Department of Justice filed suit against a recently-passed North Carolina law which says public schools must enforce gender-at-birth bathroom policies. Proponents of the law, including Strange, fear the administration’s move could signal a move toward forcing public schools across the country into allowing students to use the bathrooms and locker rooms consistent with their gender identity. Strange isn’t the only Alabama figure to speak out against the trend. Representative Will Ainsworth, Republican of Guntersville, railed against the practice in a Facebook post Friday. “Gender is not a choice,” Ainsworth wrote. “It is a fact that is determined by biology and by God, not by how masculine or feminine you feel when you wake up in the morning. Dressing like a pirate doesn’t make you a pirate, dressing like an astronaut doesn’t make you an astronaut, and dressing like the opposite sex doesn’t make you a man or a woman.” Ainsworth promised to sponsor legislation standing against the president’s stance in the next legislative session. “Our nation’s morals, our state’s values, and our children’s future are at stake,” he concluded, “so we must take action now.” State Senator Phil Williams of Rainbow City also argued in favor of blocking the administration’s effort in a op-ed published on Alabama Today Friday. “In Alabama, the courts have long held that the citizens of this state have a right to privacy and a right to feel secure;” said Williams, “and that these rights extend not just to the physical, but also to the mental and emotional wellbeing of the individual. The right to privacy of an individual in a place in which they would ordinarily and reasonably expect to be secluded, even where that secluded place is public in nature, has been upheld by the state and federal courts in Alabama for years. By implication this principle would have to extend to restroom, bathroom and changing facilities.”
Phil Williams: Push for transgender bathrooms could jeopardize right to privacy
Do not sacrifice the rule for the exception Across our nation there is a deafening debate about the “rights” of those who claim a gender preference or identity other than the one with which they were born. Make no mistake: it is a debate that is happening even here in the very conservative state of Alabama. As I write this, a big-box retailer with multiple outlets in this state has decided to make all of their multi-stall restrooms unisex, with a complete disregard for long-standing law, tradition, and biology. More egregiously, this decision was made with no concern for the privacy and security concerns of their customers. In essence, Target has thrown out the rule in favor of the exception. In North Carolina, the city of Charlotte passed an ordinance requiring public restrooms to allow persons to use bathrooms according to their own gender self-identification. So if a man identified as a woman, the city of Charlotte would force a restaurant owner to allow the man identifying as a woman to use the ladies’ restroom. Sensibly, the North Carolina legislature passed a law requiring people to use the bathroom that corresponds to the gender on their birth certificate, thus overriding the city of Charlotte’s dangerous ordinance. That law is being litigated even now and Alabama must be ready by the next legislative session to deal with the outcome. Today, after careful research and review, I have filed a bill to deal with this issue in Alabama. I admire the stand made by the North Carolina legislature. But I chose to come at the problem from a different angle in the event that North Carolina’s law does not prevail in court. It is important that the instigators of social change be confronted with the customs and laws of the various locales they are dealing with. In Alabama, the courts have long held that the citizens of this state have a right to privacy and a right to feel secure; and that these rights extend not just to the physical, but also to the mental and emotional wellbeing of the individual. The right to privacy of an individual in a place in which they would ordinarily and reasonably expect to be secluded, even where that secluded place is public in nature, has been upheld by the state and federal courts in Alabama for years. By implication this principle would have to extend to restroom, bathroom and changing facilities. The argument that a self-professed “gender identity” affords access to a facility over the deep concerns of other members of the public is a violation of that right to privacy. Even the liberal Supreme Court Justice Ruth Bader Ginsberg has stated that the notion that a ban on sex discrimination requires unisex restrooms in public places is “emphatically not so.” So let’s be clear. If the priests of political correctness are going to call for the sacrifice of the privacy and security of the vast majority of the citizenry then there is going to be a fight. If my bill passes, which I believe that it will, the law of this state will reaffirm that privacy and security are inherently and naturally given to the public in this state. If North Carolina’s law is struck down then my legislation will become a backstop to say that if any person or entity provides public restrooms, bathrooms, or changing facilities then they will do so in one of three ways: a single user facility; facilities separated by the physical gender of the users; or, if facilities are provided in a unisex/transgender manner, an attendant for each facility must be onsite to address any concerns or questions of the general public. Failure to do so would result in civil penalties and provide a private right of action in court for those individuals who have been harmed or aggrieved. There will be push back on this. Liberals do not agree with anyone having a say in their debate. But my legislation is designed to provide security to the public at large, and this bill could just as easily protect a transgender user of a public facility from being harmed as well. The bottom line is that we have a right to privacy in place now; and liberals should not for a second think that Alabamians will simply stand by and allow the exceptions to throw out the rule. ••• Phil Williams represents Etowah, Cherokee, Dekalb and St. Clair counties in the Alabama Senate. You may reach Senator Williams by phone at (334) 242-7857 or by e-mail at phil@williamsstatesenate.com. Follow him on Twitter for the latest legislative updates: @SenPhilWilliams.
Alabama governor signs pro-life bills into law
Alabama Governor Robert Bentley signed two pro-life bills into law Thursday, one of which could wind up closing multiple abortion clinics in the state. The first, sponsored by Republican Senator Paul Sanford, bans abortion clinics from within 2,000 feet of any K-8 public school. “It’s a real milestone not only in Alabama but across the country because, to our knowledge, this is the first time this approach has been used,” said Reverend James Henderson, an Alabama pro-life activist. “And now that it’s successful in Alabama, we believe it will be a template or pattern for other states in the future to follow with the strong prospect of it holding up in federal court.” Henderson believes proponents of the ban have a good chance of fighting off challenges to the law in court. He added that groups like the ACLU, who promised to fight the measure, will be “exposed” for “what they are as far as their pattern of standing against basic morality and Christian values.” The second bill signed by the governor, with little fanfare, is the “Unborn Child Protection from Dismemberment Abortion Act,” sponsored by Rainbow City Republicans Sen. Phil Williams and Rep. Mack Butler. The new law prohibits dilation and evacuation “D&E” abortions, which account for approximately 95 percent of all abortions in the second trimester. The new law allows exceptions only in the event of a “serious health risk to the mother.” “Dismemberment abortions are a heinous practice, and I am glad the Alabama Senate has taken this step to promote and protect a culture of life by outlawing these procedures,” Williams said following the bill’s passage in the Senate. “The abortion of unborn children through violent dismemberment is something all right-thinking Americans should condemn.” “Eagle Forum of Alabama is proud to stand with the women who have been harmed physically and emotionally by dismemberment abortions and the children whose lives are destroyed by this practice,” Eagle Forum of Alabama Executive Director Deborah Love told Alabama Today. “We are proud to stand for fundamental human rights. All of the world’s major religions, as well as a secular ethic informed by science or humanism, reject inflicting harm on innocent human beings. Respecting fundamental human rights is foundational to being human. It is what unites all human beings.” Alabama is the fifth state to ban dismemberment abortion, joining Kansas, Oklahoma, West Virginia, and Mississippi.
Alabama Senate defends the unborn, bans dismemberment abortions
With a 30-2 vote, the Alabama Senate Tuesday moved to protect the sanctity of human life by prohibiting dismemberment abortions that tear off an unborn baby’s limbs. Sponsored by Rainbow City Republicans Sen. Phil Williams and Rep. Mack Butler, SB363: the Unborn Child Protection from Dismemberment Abortion Act, would prohibit a procedure called dilation and evacuation “D&E” abortion, which accounts for approximately 95 percent of all abortions in the second trimester. Allowing an exception only in the event of a “serious health risk to the mother.” “Dismemberment abortions are a heinous practice, and I am glad the Alabama Senate has taken this step to promote and protect a culture of life by outlawing these procedures,” Williams said following the bill’s passage in the Senate. “The abortion of unborn children through violent dismemberment is something all right-thinking Americans should condemn.” Last Wednesday, the Alabama House Health Committee held a public hearing to discuss the House companion bill sponsored by Butler. There Butler referred to the procedure as “barbaric” likening it to medieval punishments. “I appreciate the hard work that Representative Butler has done to advance this legislation in the House, and I trust the House of Representatives will give this bill swift passage before the end of session,” Williams continued. “I am grateful to the Alabama Senate for protecting unborn babies from dismemberment abortions,” said director of Alabama Citizens for Life, Cheryl Ciamarra, “Our senators showed they prioritize human life and its protection by passing this legislation.” The House Health Committee is expected to revisit the companion legislation this week. Should SB363 become law, Alabama would become the fifth state to ban dismemberment abortion, joining Kansas, Oklahoma, West Virginia, and Mississippi.
Alabama lawmaker hopes to ban ‘barbaric’ abortion procedure
Under a proposed bill in the Alabama legislature, a commonly used second-trimester abortion procedure would be illegal in the Yellowhammer State. Introduced by State Rep. Mack Butler (R-Rainbow City), HB 376 the Alabama Unborn Child Protection from Dismemberment Abortion Act, would ban the practice of dismemberment abortions, more commonly referred to as a D&E — dilation and evacuation. The House Health Committee on Wednesday held a public hearing to discuss Butler’s bill. There he called the procedure “barbaric.” According to the National Right to Life, “dismemberment abortions involve introducing a sharp instrument which is used to grasp and pull the child out, piece by piece. The child is alive during this torturous process and dies of bleeding out during the dismemberment.” According to the National Abortion Federation Abortion Training Textbook, “D&E remains the most prevalent method of second-trimester pregnancy termination in the USA, accounting for 96 percent of all second trimester abortions.” Bill Klein, President of Alabama Citizens For Life, weighed-in, “Alabama children should be protected by law from being torn limb from limb. No human should die this way in a civilized society. It shows a total disrespect for the sanctity of human life.” Monday, neighboring Mississippi became the fourth state to enact a similar measure, following West Virginia, Kansas and Oklahoma. According to National Right to Life, Butler’s legislation — based on the pro-life organization’s model bill — also has been introduced in Idaho, Louisiana, Missouri, Nebraska, Pennsylvania, Minnesota, Rhode Island, and Utah and may be taken up in several other states. State Sen. Phil Williams (R-Rainbow City) has also introduced SB 363, a companion bill, in the Senate. The Senate Health Committee will also hold its hearing on Wednesday. The House Health Committee closed its hearing Wednesday without a vote, but Butler says he expects it to be passed in the committee next week.
Alabama House of Representatives approves retirement bill for new state hires
The Alabama House of Representatives on Tuesday approved a bill that would automatically enroll new state employees in individual retirement accounts. HB466 passed 91 to 10 and would apply to new hires after Jan. 1. Sponsored by Rep. Phil Williams (R-Huntsville), the initial contribution rate would be set at 1.5 percent, though employees could adjust that higher — or adjust it to zero — at the time of enrollment. It also allows employees to opt out after 90 days and withdraw any money invested. During the debate, Williams explained the bill was designed “to make it easier for employees to save for their retirement in a tax deferred vehicle.” The bill will now move to the Senate for a vote.
