Senate to consider bill providing broadband service to rural areas
Sen. Tom Whatley (R-Auburn) has introduced legislation in the Senate that would remove coverage area restrictions for public providers of municipal telecommunication services and allow those providers more leeway in providing broadband service to rural areas of Alabama. Providers are already supplying these areas with cable and phone service, but Whatley’s bill would open up avenues for providing high-speed internet service. Republicans and Gov. Robert Bentley have made it a priority to provide Alabama’s rural areas with high-speed Internet service, a move they believe will make great strides in lowering the unemployment rate and, thereby, the state’s poverty rate. Currently, only 44 percent of Alabamians outside of major cities have access to broadband Internet service, according to the Federal Communications Commission. “My legislation will improve Internet access by creating new providers, which will directly correlate to increased economic development,” Whatley said in a statement on the Senate Republicans’ website. “Locking our municipal telecom providers into arcane coverage areas is a shortsighted approach to protect growth-limiting monopolies.” To be sure, rural Alabamians face significant hurdles in having access to top-notch Internet service – only 66 percent of Alabamians have access to broadband Internet service and only a small portion of them have access to service provided through fiber-optics, a method more efficient and faster in delivering broadband service. Whatley noted in his statement that Google has recently announced plans to “partner” with Huntsville, but that partnership does little good for Alabama’s smaller cities. The senator’s legislation, SB56, would make great strides in providing Internet service to rural Alabama and create a climate of competition which will benefit consumers. “Over 1.6 million Alabamians lack access to high-speed Internet: that number must be reduced, and quickly, if our state is going to compete and thrive in the 21st century,” Whatley said.
Legislature approves “Ava’s Law” to strengthen child abuse penalties
The Alabama House voted to grant final approval to a bill that would increase penalties on aggravated child abuse offenders on Thursday. The bill – dubbed “Ava’s Law” by sponsor Sen. Tom Whatley, in honor of a four-year-old girl who died at the hands of her abuser – would allow for harsher penalties in cases when a victim unintentionally dies due to child abuse. Current law allows such cases to be prosecuted only to the limits of manslaughter, which carries a 20-year maximum sentence. “This law is about protecting children, the most vulnerable among us,” said Whatley, a Republican from Auburn. “Abusing children is a serious crime, and made even more heinous when a child dies as a result. This bill closes a loophole in the law and establishes a harsh penalty that fits the crime.” The bill is named for Ava Zapata, a Lee County girl who died in May 2012 after suffering abuse by her mother’s boyfriend. Under the proposed law, aggravated child abuse could now be elevated to the level of capital murder by prosecutors if it results in a minor’s death. “I am grateful to Senator Whatley and District Attorney Robbie Treese for their work on this legislation,” said Jessica Ventiere, Assistant District Attorney for Lee County. “Ava’s Law bridges the gap between capital murder and manslaughter. It offers an option stronger than manslaughter when the evidence shows intent to abuse but not necessarily the specific intent to kill, which is required to prove capital murder.” The bill, passed by the Senate earlier this month, now moves on to the desk of Gov. Robert Bentley for his signature and enactment into Alabama state law. Senate Republicans said they made Ava’s Law a priority as part of its “Protecting Families & Children” agenda this legislative Session.
Ava’s Law passes Senate, provides stiffer penalties for child abusers
On Tuesday, the Alabama Senate passed “Ava’s Law,” a bill brought forth by Sen. Tom Whatley (R-Auburn) which strengthens penalties for aggravated child abuse. The bill makes it possible to charge offenders with murder if aggravated child abuse leads to the death of a child. Currently, perpetrators of aggravated child abuse, which leads to the unintentional death of a child, can only be prosecuted on manslaughter charges, the punishment for which is 20 years in prison. This legislation will allow prosecutors to seek stiffer charges for offenders. The bill is named for Ava Zapata, a 4-year-old Lee County girl who died in May 2012 as a result of the abuse levied upon her by her mother’s boyfriend. “This closes a loophole in the law and gives our district attorneys the authority they need to fully prosecute people who abuse children so violently a child dies,” Whatley said in a news release. “If an innocent person is unintentionally killed during the course of a robbery, that death can be prosecuted as murder. Under Ava’s Law, child abuse that leads to a death could also be prosecuted as a murder.” “Ava’s Law bridges the gap between capital murder and manslaughter,” said Assistant District Attorney for Lee County Jessica Ventiere, who was involved in the trial of Ava’s murderer and testified before earlier committees hearing the bill. “It offers an option stronger than manslaughter when the evidence shows an intent to abuse but not necessarily the specific intent to kill, which is required to prove capital murder. Aggravated child abuse is a cruel and intentional act that deserves to be set apart from the recklessness of manslaughter. This law will establish a penalty appropriate for the crime.” The legislation will now go before the House of Representatives where it will likely be taken up next week.
Sen. Bobby Singleton: “This is the right time to legalize medical marijuana”
Amidst reports that his Medical Marijuana Patient Safe Access Act (SB326) may never make it to the House floor, bill sponsor Senator Bobby Singleton said this morning, “I’m optimistic. We’re early in this process – just halfway through this session – and there’s a process for these things.” In an interview with Alabama Today, Senator Singleton said reports that Rules Committee Chairman Senator Jabo Waggoner called the bill “dead” didn’t diminish his resolve for getting the legislation passed this session. “I respect the Senator and his position – and he may vote against the bill – but we’ll be asking his committee to give the bill consideration.” Sen. Singleton also said that he would consider other options for advancing the bill, including a constitutional amendment. “I’m all for the people’s right to vote. It’s entirely possible that we’ll put it before the people and let them have their say.” The Medical Marijuana Patient Safe Access Act would allow patients with one of 25 “serious medical conditions” to be prescribed marijuana by a qualifying physician. Singleton says he introduced the bill after hearing from constituents who were obtaining marijuana illegally in order to manage chronic pain. The Senate Judiciary Committee scheduled a public hearing on the bill for this Wednesday, but canceled the public comment period at the last minute. Instead, the committee issued a favorable report on the bill by a 4-3 vote. Reports by AL.com suggest that the legislation crossed that hurdle because several Republican members weren’t in attendance on Wednesday: Arthur Orr, Greg Reed and Tom Whatley were absent and Sen. Greg Albritton declined to vote. During the meeting, Sen. Phil Williams raised concerns that the bill would encourage dependency or addiction to other illegal drugs. “I’ve worked with a lot of messed up kids,” he said. “All of those who were addicts never intended to become addicts. But in all cases, marijuana was the gateway drug that led them down that path. I’ve seen too many devastated lives to give my support to this bill.”
Bill standardizing probate judge pay hits Senate committee delay
Lawmakers declined to vote Wednesday on legislation to increase and standardize probate judge salaries across the state. Senate Bill 369, sponsored by Sen. Tom Whatley, would base annual salaries for probate judges at a percentage of that received by state district court judges. The legislation also sets salary according to county population and the number of years the judge has been on the bench. According to a report by the Montgomery Advertiser, the bill could mean salary increases by as much as $20,000 to $40,000. Critics raised concerns the bill would pose a financial burden on smaller counties, forcing them to pay higher salaries without providing a dedicated stream of funding from the state. Crenshaw County Probate Judge Jim Purdue spoke in favor of the legislation, pushing back on the idea that the mandate is unfunded in the state budget. Purdue argued that the revenue generated by probate judges and submitted to the general fund budget would “pre-fund” the proposed salary increases. Senate Judiciary Committee Chair Sen. Cam Ward announced that the committee will meet again next week for a vote on the bill.
