Alabama Sen. Trip Pittman files bill to allow execution by firing squad
An Alabama state senator wants to allow the state to carry out executions with firing squad. Montrose- Republican Sen. Trip Pittman said the firing squad should be an “option” for the Yellowhammer State during continued litigation over lethal injection. Pittman explained that he was prompted to introduce the bill in the wake of the U.S. Supreme Court‘s Thursday night decision to stay the execution of Alabama-death row inmate Tommy Arthur while deciding whether or not to hear Arthur’s appeal that challenges the state’s lethal injection procedure. Arthur was convicted of killing a man in a 1982 murder-for-hire. Thursday night was Arthur’s seventh scheduled execution date in 15 years. Ahead of it, he challenged the lethal injection procedure saying that it was cruel and unusual punishment. He suggested a firing squad as an alternative. By law, Alabama allows inmates to choose between lethal injection and the electric chair. However, the chair has not been chosen since lethal injection became an approved option. Pittman’s bill, SB 12, follows Arthur’s own suggestion and would allow inmates to allow choose death by a five-person firing squad comprised of law enforcement officers. The senator pre-filed the bill ahead of the legislative session, which is scheduled to begin February 7, 2017. Should the Alabama Legislature approve Pittman’s bill, the state would join Utah in allowing firing squads for executions.
Justice reform group blasts “fruitless” state prison reform bill
Proponents, including Gov. Robert Bentley, have lauded the Alabama Prison Transformation Initiative Act as a bold step toward real criminal justice reform. But on Wednesday, the U.S. Justice Action Network slammed the bill in a memo to reporters, calling it a “fruitless course” that would simply raise costs. “This bill does not fix Alabama’s prison overcrowding problem, but it will give taxpayers heartburn. Senate Bill 287 would trigger over $1.5 billion in costs and still leave the state with overcrowded correctional facilities,” said Holly Harris, Executive Director of the national group. . “We call on the Alabama House of Representatives to reject this plan and continue working on real reforms that provide a safer and more effective justice system,” said Harris. The group says the bill is set to cost state taxpayers $1.5 billion, according to USJAN’s calculations. The group’s work largely focuses on reducing prison populations. The bill’s sponsor, Decatur Republican Sen. Trip Pittman, chairs the powerful Finance and Taxation General Fund committee. The bill would also originally have enacted a moratorium on all executions until 2017, but that provision was struck from the bill in the Senate. Other groups, including liberal-leaning Alabama Arise, have pushed for the creation of an Innocence Inquiry Commission to review death penalty cases. The group has not taken any formal stance on SB 287, but are supporting an alternative, SB 237. An analyst for the group called such a move a “recognition of human frailty” in the state’s justice system, but such a provision does not exist in the bill currently circulated. SB 237 has attracted support from some minority-party Democrats, including Mobile Sen. Vivian Figures and Sen. Rodger Smitherman of Montgomery. —- This article was updated on May 2 to clarify Arise Alabama’s stances and disambiguate SB 287 & SB 237.
Fantasy sports, gambling could be big business for state
A slate of bills aimed at loosening Alabama’s gambling laws and setting the state up to benefit from the lucrative gaming industry have been slowly winding their ways through the legislative chambers this Session, but none have gained any real traction in a Legislative Session marred in controversy over ill-fated budgets and sexually explicit recordings. Despite that, the bills keep coming, aimed at regulating untapped gaming revenues and opening the doors to a state lottery and even full-on casino gambling. The first high-profile lottery bill was announced only days before the start of the Legislative Session. Sen. Jim McClendon (R-Springville) and Rep. Alan Harper (R-Northport) introduced SB19 and HB13, respectively, that offer a constitutional amendment to allow a state lottery to be established. The bill makes no mention of how the proceeds from such a lottery would be spent, it only allows for residents to vote on whether a lottery should be operated in the state. Legislators would be tasked with figuring out how to set up and allocate the proceeds next year. The Harper-McClendon legislation has passed hurdles in their respective committees, but so far has not come up for discussion on either floor Rep. Craig Ford (D-Gadsden) has offered four bills aimed at establishing the Alabama Lottery Commission and distributing the proceeds from the operation. HB10 would establish the commission, as well as the Lottery Trust Fund where profits would be stashed to fund college scholarships for qualifying students. HB208 establishes the Alabama Gaming Commission, which would oversee pari-mutuel wagering at county-approved racetracks and levy taxes on some establishments. HB209 is the meat and potatoes of 10 and establishes all of the commissions, corporations and funds required to oversee the proposed state lottery and gaming endeavors. HB278 allows the governor to negotiate a compact with the Poarch Creek Indians, who are currently the only operation allowed to offer slot-machine gaming in the state. Like the Harper-McClendon bills, Ford’s bills have gone before their required committees but have gained no real traction. Sen. Trip Pittman (R-Daphne) has offered his own lottery bill, SB232, which would allow Alabama to participate in other multistate lotteries and compel the legislature to establish rules regarding the enterprise. Pittman’s legislation has gone before committee but has not yet come out on the other side. Rep. John Knight (D-Montgomery) has offered HB263, which would simply repeal Alabama’s prohibition on a state lottery. Knight’s legislation was directed to committee in February but, so far, has gone nowhere. And while lottery and pari-mutuel gambling has long been a centerpiece of Alabama’s political discourse, a newcomer has made its way into the fold. Two bills have been filed to regulate fantasy sports contests in the state, possibly setting the state up to be involved in what has quickly become a multibillion operation. SB114 from Sen. Paul Sanford (R-Huntsville) and HB56 from Rep. Connie Rowe (R-Jasper) would both establish regulatory rules regarding fantasy contests in the state. The bills would require contest operators to institute procedures for consumer protection, require audits of operators and provide penalties for those operating outside of the established regulations. Further, the bill makes the industry immune from being considered a gambling operation in the state. Both have seemingly stalled in committee. Despite the fact Alabama could benefit greatly from the revenue that these types of gaming operations would generate – Missouri is expecting to generate “several million” dollars off of fantasy contest regulation (an industry slated to rake in about $20 billion by 2020) and South Dakota has raised nearly $2.5 billion through its state lottery – state lawmakers appear poised to avoid a vote on the topic and let another year tick by with no good answers on how to generate much-needed funding. Being in the Bible Belt may be the biggest reason Alabamians have long opposed such gaming operations, but it doesn’t hurt that organizations that run gambling enterprises, such as the Poarch Creek Indians, have funneled money into anti-gambling candidates’ campaigns. The New York Times reported in 2014 that the group had covertly spent $350,000 to fund anti-gambling candidates. And that wasn’t the first time. In the late 1990’s, Christian Coalition Chairman Ralph Reed was caught up in a scandal with GOP lobbyist Jack Abramoff. The duo funneled $1.3 million from the Choctaw Tribe to the Alabama Christian Coalition. The move was made to hide that the money had come from Choctaw gaming interests and used to fight video poker and a proposed lottery in the state.
Bill to build new prisons stalls in Alabama Senate
The Alabama Senate briefly discussed the Alabama Prison Transformation Initiative Act Wednesday, but ultimately shied away from taking a vote on the issue before adjourning for spring break. Senate Pro Tem Del Marsh (R-Anniston) ended debate on the subject after Senate Democrats voiced concerns over the measure. SB287 from Sen. Trip Pittman (R-Daphne) is the legislative arm of the ambitious call from Gov. Robert Bentley to systematically overhaul Alabama’s overcrowded prison system. The bill calls for the demolition of all but two of Alabama’s 16 prisons and requests $800 million in bonds to pay for the construction of four new facilities. The plan raised the ire of state contractors, engineer and architects in earlier committee hearings because of the bill’s call for a design/build method, which opponents say will end up excluding many state builders. Further concern was raised over the use of a 1-mill tax to back the bond issue. The tax currently goes to help fund the Alabama Department of Veterans Affairs and the Alabama Department of Human Resources. Democrats voiced concern over the bill because it raises prison capacity but does nothing to reduce the number of state prisoners. However, a prison reform bill passed last year, which is only beginning to show results, would reduce Alabama’s prison population. The new bill championed by Bentley would increase capacity by about 3,000 beds and is said to pay for itself through savings seen in transportation, overtime pay and other areas. The bill will likely return to the floor once senators return from spring break April 5.
Proposal circulating in Montgomery would close state primary elections
While Alabamians have already voted in the this year’s Presidential Preference Primaries, that hasn’t ended the conversation in 2016 about the state’s elections. A plan circulating in the Legislature would make Alabama one of 31 states who allow only registered Republicans and Democrats to vote in their respective primaries. SB 360 by Sen. Tom Whatley would close Alabama primaries; mandate a voter be registered with their party at least 14 days before voting in a primary; and prevent voters from switching parties in between a primary and primary run-off. Currently Alabama – like Deep South neighbors Tennessee, Georgia, and Mississippi – has open primaries. Some observers have said open primaries leading to voters casting “strategic” ballots, seeking to influence the outcome of a party they do not identify with. Alabama gave 44 of its 55 Democratic delegates to former Secretary of State Hillary Clinton while Vermont Sen. Bernie Sanders received nine during March 1 elections, as part of the newly-established “SEC Primary,” which saw Donald Trump took the lion’s share of Republican delegates, winning 36 out of 50. Texas Sen. Ted Cruz was awarded 13 delegates while Florida Sen. Marco Rubio managed to snag one. Trump and Sanders have both done better in open-primary states than those with traditional closed primaries and caucuses. SB 360 is co-sponsored by Sen. Cam Ward and Sen. Trip Pittman. Anonymous sources told Alabama Today on Thursday there is “much GOP support for this proposed legislation.”
Prison reform bill passes committee, moves forward to full Senate
On Wednesday, the Senate Committee on General Fund Taxation and Finance passed the long-debated Alabama Prison Transformation Initiative Act, clearing its path to go before the full Senate next week. SB287 from Sen. Trip Pittman (R-Daphne) provides an $800 million revenue bond for the demolition of 14 of Alabama’s 16 prisons and subsequent renovation of the remaining two. The bill further provides for the construction of four new prisons, three male and one female, which will pay off the bond through perceived savings. As collateral, the bill provides a 1-mill tax currently reserved for funding the Alabama Department of Human Resources (ADHR) and the Alabama Department of Veterans Affairs (ADVA). Proponents say that the tax would only be used if the Alabama Department of Corrections (ADOC) defaults on its bond payments, which is not expected to happen. In previous committee meetings, opponents spoke out against the 1-mill tax commitment as well as the design/build method laid out in the bill, which state contractors have argued would stifle competition and have a negative effect on local companies. With the 1-mill tax concerns in mind, Sen. William Holtzclaw (R-Madison) offered an amendment which would protect the ADVA and ADHR. If forced to use the money because of an ADOC default, money would taken from each agency incrementally and, if funding became unsustainable, future legislatures would be forced to fully fund both departments. The amendment further imposes a sunset on the 1-mill tax commitment to alleviate concerns that it could be on the table for many years to come. The amendment was unanimously approved, with only Pittman abstaining from the vote. In regard to the design/build method, which repeatedly drew the ire of state engineers and architects, Pittman alleged that altering that language would be a nonstarter for Gov. Robert Bentley, who contends that the method is best for the state and the project. State Finance Director Bill Newton noted that design/build would shorten the time of construction by one year and save the state about $100 million. Many committee members spoke favorably of the legislation, despite the longstanding uproar and inner-concerns over the bill. “Don’t let this die in committee today and we lose the only vehicle we have for improving those facilities,” said Sen. Cam Ward (R-Alabaster). “That would be a terrible, terrible shame for all of us.” “If this is the only way we can make things better then we ought to do it,” said Sen. Priscilla Dunn (D-Bessemer). “I think it’s time that we try to do something about it. We need to do something about these prisons.” In the end, only Sen. Paul Sanford (R-Huntsville) voted against the bill.
Prison reform bill faces more opposition in Senate committee
The Senate Committee on General Fund Finance and Taxation took up the Alabama Prison Transformation Initiative Act during a hearing Wednesday when, again, lawmakers were bombarded with opposition from state architects, engineers and contractors in regard to the bill’s design/build mandate. The bill faced much the same outcry when it went before a House committee last week. “It’s a good plan,” said Sen. Trip Pittman (R-Daphne), the Senate bill’s sponsor. “But there are people opposed to it.” As per the ideas laid out in the “State of the State” address by Gov. Robert Bentley, SB287 calls for the demolition of all but two of Alabama’s 16 prisons and provides $800 million in bonds to pay for the construction of four new facilities. Alabama Department of Corrections (ADOC) Commissioner Jefferson Dunn laid out the plan. “Over the last 40 or 50 years, every governor and every member of the legislature has always been faced with the issue of corrections,” Dunn said. “We are bringing forth a plan that we believe will address these longstanding problems.” Dunn noted that the planned move would free up more resources for rehabilitation and reentry, noting that more than 80 percent of prisoners will one day join the citizenry. The four facilities being constructed – one female prison with 1,200 beds and three male prisons with 4,000 beds a piece – will cut overtimes costs for the department, as well as costs related to transportation and healthcare. Along with the four to be constructed, two current facilities will be renovated. While most committee members noted support for the measure, concerns were vast and widespread. Many were interested in which facilities would be demolished and which would remain, as well as how the ADOC would come up with the roughly $50 million required to make the annual bond payments. Sen. William Beasley (D-Clayton) noted that three prisons are in his district and their removal would “devastate” the local economy. But the concerns of lawmakers weren’t the only ones voiced – in all, seven people stood to voice their opposition to the bill. While most were architects and contractors, concerned that the bill upends the traditional design/bid/build model. Clyde Marsh, Commissioner of the Alabama Department of Veterans Affairs (ADVA), voiced concern over the bill’s use of a one-mill tax currently reserved to fund the ADVA and the Department of Human Resources as collateral for the bonds. In the event that the ADOC was unable to make its payments, the tax would be diverted to make up those payments. Lawmakers took no vote on the bill and will appear before the committee again next week.
Senate committee green-lights 2 Medicaid bills
The Senate Committee on General Fund Finance and Taxation gave a favorable report on two Medicaid-related bills Tuesday, one aimed at curbing fraud and another aimed at increasing funding. SB284 from Sen. Trip Pittman (R-Daphne) specifies that a person must “knowingly engage” in Medicaid fraud in order to be charged for the crime and applies “safe harbor” laws, similar to those in federal law, which are established to protect certain “business arrangements.” Further, the legislation would provide for prosecuting corporations, as well as individuals, and put in place a six-year statute of limitations on the prosecution of such charges. “I believe this kind of legislation, not only provides the vehicle to better enforce the law, it will help to encourage compliance,” Pittman said. “We all want to trust, but this ensure that things are being done properly.” Concern was voiced over the bill’s call for charging offenders with a Class C felony for offenses amounting to more than $10,000 in fraud, noting that a Class D felony would be more in line with a nonviolent offense, but Pittman noted that such crimes rob people desperate for assistance. “I would say, if you’re taking taxpayer money, these types of crimes are of the worst type,” Pittman said, and with that the committee green-lighted the bill to be sent before the Senate. SB136 from Sen. Vivian Figures (D-Mobile) offered a bill that provide an additional 5-mill property tax, the proceeds going to help fund the state’s beleaguered Medicaid program. Figures noted that the additional tax would amount to about $15 for a property worth $50,000 and would generate $280 million annually starting in 2019. The bill had widespread support from committee members during discussion, many noting that Alabama’s Medicaid program is among the state’s biggest expenses and that such a move would go a long way in addressing that problem. Further, many praised the legislation for putting the issue before the public for a vote, rather than simply applying a tax increase. The legislation narrowly gained a favorable report, since six senators voted against it.
Senate passes $1.8 billion general fund budget framework
The Alabama Senate passed a taut $1.8 million budget framework for non-education spending on Thursday, level-funding most state agencies and passing no tax increases that might increase revenue next year. Montrose Republican Sen. Trip Pittman said the Senate’s proposed budget, while lean, provides adequately for basic services Alabamians rely on. “This is a tough but workable budget for the people of Alabama,” said Pittman, who chairs the Senate General Fund Budget Committee. “It level-funds many state agencies, while increasing funds for Public Health and our National Guard units. I look forward to the House’s input and ideas on the budget.” According to the Senate Majority Caucus, the FY17 budget increases by $2.5 million the funding for both Mental Health and the Department of Human Resources, and gives Public Health an additional $10 million over last year, on the heels of a tuberculosis outbreak in west Alabama. Senate President Pro Tem Del Marsh offered his praise to Pittman for his work on wrangling a budget proposal early on in the process, to ensure plenty of time for lawmakers to hammer out their inevitable differences. “I want to commend Senator Pittman’s diligent work on getting the General Fund out on the 10th Legislative Day, one of the fastest in recent memory. Getting started on the budget process prior to the beginning of session no doubt helped everyone involved. I believe everybody in the Legislature was eager to pass the General Fund in a timely manner to avoid a summer of special sessions,” Marsh said. The House will now take up the General Fund budget and release their own proposal. If the two chambers are able to agree on a final budget plan, it will move on to the desk of Gov. Robert Bentley, who has line-item veto authority.
Bill proposes Alabama lottery limited to multi-state gaming
A Senate committee will debate a proposal to have Alabama join multi-state lottery games like Mega-Millions and Powerball. The Senate Tourism and Marketing Committee will hold a public hearing Wednesday on the bill sponsored by Republican Sen. Trip Pittman of Montrose. Pittman’s bill seeks to have the state join the multi-state games instead of creating its own lottery scheme. The bill is an alternative proposal to other lottery bills that have stalled because of a lack of consensus over the details. If approved by lawmakers, voters would have the final say on whether lottery ticket sales will be allowed in the state. Forty-four states have lotteries. Alabama, Mississippi, Utah, Nevada, Hawaii and Alaska do not. Alabamians in 1999 voted down a lottery proposed by then-Gov. Don Siegelman. Republished with permission of the Associated Press.
Alabama community colleges to seek funding hike
An electronics instructor at Northwest-Shoals Community College recently retired. One of his former students who works in private industry in Huntsville applied for the teaching position. “He would have had to take a $50,000 pay cut,” Northwest-Shoals President Humphrey Lee said. The man didn’t take the job and the school has “put a patch on” the position, getting other instructors to fill in until, hopefully, more money is available. Struggles to recruit and keep instructors for high-tech programs were highlighted in last week’s Alabama Community College System’s board meeting. It’s also part of the reason why the board is asking for a nearly 25 percent increase in funding in 2017. “We are literally losing our faculty members at two or three a month because they can go to (private industry) at $30,000 or $40,000 a year more,” said Mark Heinrich, chancellor of the 25-school system. Klauber said finding welding instructors is a challenge. “You’re never going to be able to keep up with what some of the top-end welders make (in the private sector),” he said. “But we at least need to be competitive enough to make the argument that it’s worth it to teach. “At this point, I can’t even make that argument.” Because salaries are based on a state-set scale, individual colleges don’t have the flexibility to pay instructors more. The Alabama Community College System board approved a request for $428.6 million in state funding for the next fiscal year. Lawmakers begin the 2016 Legislative session and budget-making process Feb. 2. The board is requesting: $2 million to “provide supplements to instructors in high-wage, high-demand technical fields of study to aid in recruitment and retention.” $1.5 million for increased health and retirement benefits costs. $35.8 million to initiate a 10 percent cost-of-living adjustment, including associated fringe benefits. $50 million for facility renovations and upgrades to instructional equipment. Community college faculty and staff haven’t received a cost-of-living raise since 2007, Heinrich said. “We’re just not very competitive anymore, and we desperately need a correction on that,” he said. Lee said in some cases, K-12 salaries are higher than what community colleges offer. While officials do expect there to be more money available for education in the 2017 budget, it will be divided between community colleges, K-12 and four-year universities. Sen. Trip Pittman, R-Daphne, who is switching from chairing the Senate Education Budget committee to the General Fund committee, called the 25 percent funding increase “optimistic,” and said agencies often ask for more than they know they’ll receive. About possible cost-of-living raises, Pittman said lawmakers will find out during the session if those are possible for educators in the state. “If there is one, I think the two-year schools should be a part of it,” he said. They weren’t included in the most recent raise for K-12 teachers. Lee said the colleges must lay out their needs, which also include repairs for buildings that are more than 50 years old. “What’s the saying, ‘You have not because you ask not.’ So, we’re asking,” Lee said. Republished with permission of the Associated Press.
Trip Pittman: Education is an investment in Alabama’s future
In the special session that starts on Tuesday, Governor Bentley and the legislature will continue to work to pass a General Fund (GF) budget before the start of the 2016 fiscal year on October 1st. The challenges facing the GF budget are exploding costs associated with Medicaid, prisons, mental health, public safety and human resources, but Medicaid is the primary driver of costs. In 2004, Medicaid received a state appropriation of $200 million, which constituted 15% of the GF budget. By fiscal year 2015, Medicaid received $700 million, or 36% of the GF budget. For 2016, Medicaid has requested $750 million dollars. Unfortunately, because the federal government establishes Medicaid’s regulations there is little that Alabama can do to contain these cost increases. While the costs for programs like Medicaid have risen, Alabama’s economy and the state’s tax revenues are still recovering from the worst economic downturn since the Great Depression, meaning fewer dollars are available to solve rising costs for all of state government including education. In order to account for decreased education funding during the Great Recession, over the past few years the legislature made sound fiscal reforms that were difficult at the time but which have established a more secure foundation for education. Those reforms included changes to the Teacher Retirement System (TRS) and to the Public Education Employees Health Insurance Plan (PEEHIP), to stabilize and protect those programs. Further reforms included the elimination of the Deferred Option Benefit Plan (DROP) that had spiraled out of control. Classroom sizes were increased (we still have yet to return classroom sizes to their pre-recession ratios) and the legislature passed tenure reform, the Alabama Accountability Act, and a law expanding education choices for families by allowing the formation of charter schools. The Republican majority has accomplished all these reforms while fully funding Education appropriations over the last five years without proration and paying $437 million of debt back to the Alabama Trust Fund. These reforms were only possible with the 2011 passage of a budget reform law referred to as the Rolling Reserve Act (RRA). The RRA forces the legislature to write responsible budgets based on historical data rather than estimates, and established a stabilization account as a firewall to ensure our classrooms will not be thrown back into the devastating cycle of proration if the economy slows. Yet even with all these cost-saving reforms, funding for education is still $500 million less now than it was seven years ago at the start of the Great Recession. So the solution to the General Fund deficit should not be to dip into an Education budget still on the mend. To solve the underlying challenges in the GF budget, increased revenue coupled with structural reform is required. Options for additional revenue include a tax increase of $0.25 cents per pack of cigarettes, or perhaps reforming the business privilege tax to free small businesses from this expense while asking large and multi-state businesses to pay a little more. Other options could include a small tax on the purchase of soft drinks, an increase to the state sales tax, or removing or reducing the federal FICA deduction on individual tax returns. Some legislators, opposed to additional revenue measures but also somehow opposed to GF budget cuts, want to divert money from the education to the GF budget. They talk of shifting more of the Use Tax (which collected approximately $225 million in 2014) from Education to the GF budget without any replacement. Some even propose combining the budgets or raiding the Education budget’s stabilization account and diverting its projected balance to the General Fund, ignoring the fact that the stabilization account exists to prevent budget proration in uncertain economic times like we currently face. I hope my fellow legislators will oppose measures to raid education resources and thereby hinder essential on-going reforms. To divert almost a quarter billion dollars annually away from education avoids solving the underlying GF budget problems and will achieve nothing more than kicking the can down the road. Similarly, characterizing the projected, non-recurring funds in the Education budget’s stabilization account as a surplus is incorrect. Balancing the GF budget upon mere projections of non-recurring revenue is fiscally irresponsible and would have long-term negative consequences. The Education budget is Alabama’s jobs budget. By that I mean the Education budget invests in our workforce and economy by funding Alabama’s nationally recognized Pre-K program, our K-12 schools, community and technical colleges, and universities and research institutions. These investments are the key to Alabama’s future prosperity and will ensure our citizens can continue to pursue the American dream of economic independence and political liberty. Which legislators will stand with me and call for fiscally responsible solutions for the GF budget that do not involve the diversion of desperately needed education funds? The 21st-century economy will challenge us like never before and to succeed our children need the best education we can offer. A budget challenge exists, but it is with the General Fund, not the Education budget, and the legislature and Governor Bentley need to solve the General Fund deficit without compromising our future. # # # Senator Trip Pittman, a small business owner, represents District 32 (Baldwin County) in the Alabama Senate. He is Chairman of the Finance and Taxation Education Committee.
