Steve Flowers: Summer Political Happenings
As the long, hot summer ends and Labor Day approaches, let’s take a look back at what occurred over the last three summer months politically. First of all, it was one of the hottest summers on record. Temperatures soared into the hundreds as early as late June. On one of those late June days, one of the hottest political events of the year occurred. The annual Tomato Sandwich Lunch event hosted by Alabama Agriculture Commissioner Rick Pate was the biggest yet. The twentieth annual Tomato Sandwich Lunch held at the Ed Teague Arena near the Garrett Coliseum was a must-be event for Alabama political elite. The Tomato Sandwich Lunch promotes produce from local farmers and encourages people to eat Alabama-grown products. Alabama-based vendors donate all of the food for the event. Commissioner Rick Pate was a master host to over 500 attendees. In attendance were U.S. Senator Katie Britt, State Treasurer Young Boozer, and Lt. Governor Will Ainsworth. PSC member Jeremy Oden came from Cullman, and State Board of Education President Wayne Reynolds came from Athens. State Judges in attendance were Supreme Court Judge Greg Cook, Criminal Appeals Court Judge Bill Cole, and Civil Appeals Court Judges Matt Friday and Bill Thompson. Legislators spotted were State Senators Josh Carnley and Will Barfoot, as well as Representatives Jerry Starnes, Margie Wilcox, Van Smith, and Ed Oliver. There were dozens of local County Commissioners from all over the state. Many of the state’s most prominent lobbyists were there, along with many of the Governor’s Cabinet members. Alabama Power Government Affairs guru Houston Smith and Alfa Executive Director Paul Pinyan were prominent. In fact, most of Alfa’s governmental affairs folks were at this very fun and political event. During the summer, everybody and their brother, or at least everyone who ever won a 4-H speaking contest, entered the race for the Republican nomination for President. There must be 20 people running against Donald Trump for the GOP nomination. This is just what Trump was hoping for. It splinters the anti-Trump vote to such a degree that it virtually assures him the nomination. During the summer, the U.S. Supreme Court decided that Alabama’s Congressional districts were gerrymandered to keep Black voters from being able to elect a second Black Democrat to Congress. Alabama currently has six white Republican Congressmen and one Black Democratic Congresswoman, Terri Sewell. In July, former Alabama Supreme Court Justice Mike Bolin won a special election to fill a seat on the five-member Jefferson County Commission. His election was like manna from Heaven for the Jefferson County Republican Party. The commissioner, who departed this important seat, was a Republican. The commission had a three to two Republican majority. Therefore, it was an important election for the state’s largest and most important county. Mike Bolin had just retired from the Alabama Supreme Court after 18 years on the state’s high tribunal. He had been Probate Judge of Jefferson County for 16 years prior to his service on the Supreme Court. He only retired from the Supreme Court due to a state law that prevents judges from running for reelection after age 70. Bolin is Jefferson County through and through and one of the most respected gentlemen and public servants in Jefferson County and Alabama. The imperial county of Jefferson is fortunate that Judge Mike Bolin was available and ready to serve. His swearing-in ceremony occurred on a sweltering hot July 31. The large Jefferson County Courthouse commission chambers was overflowing. It was a congregation of who’s who of Jefferson County politics. Hope you had a good summer. Happy football season and happy Labor Day! See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Gov. Kay Ivey signs school choice bills into law
When the State Legislature left town for the year on Tuesday, they left a lot of bills on the desk for Governor Kay Ivey to consider. Ivey signed into law a handful of bills on Thursday that she says deliver on her promises and will benefit Alabamians now and in the future. During the governor’s inaugural and state of the state addresses, Ivey promised that more parents in Alabama emphasized the importance of improving school choice in Alabama. Ivey said that those efforts must begin with improving the school choices that Alabama already has: Public charter schools and the Alabama Accountability Act scholarship program. The Legislature responded by passing both House Bill 363 and Senate Bill 263. Upon signing those bills in her office earlier today, the governor then issued the following comment: “While some parents in other states are finding themselves being forced aside, here in Alabama, we believe strongly that a parent should be able to decide what is best for their own child’s education. To help support high-quality education and create more choices for parents, I have prioritized improving school choice. Both HB363 and SB263 will certainly help us make progress, and the bill sponsors, Representative Terri Collins and Senators Donnie Chesteen and Will Barfoot did yeomen’s work in getting this needed legislation across the finish line. I am proud to put my signature on these two bills so that more students have an opportunity for a strong educational experience.” SB263 is an expansion of the landmark 2013 Alabama Accountability Act, which created a mechanism for scholarship granting organizations to award scholarships for students in Alabama’s most dreadful public schools. Chesteen said that in the old bill, students from just 79 failing schools can apply for scholarships to leave their failing schools. This will open it up to students from a school with a D or an F on its report card – 212 schools. SB263 would open up to 25% of the scholarships for students who live outside of those targeted D and F-scoring schools if they meet the poverty thresholds. It also raises the poverty thresholds for children to be eligible for the scholarships and changes the name the state uses for its most dreadfully performing schools from failing schools to priority schools. Collins explained that HB363, the Alabama School Choice and Student Opportunity Act, changes the appointment process for the Alabama Public Charter School Commission; authorizes the Commission to hire staff; requires commissioners to receive annual training; provides additional guidelines for the authorizing and application review process; provides further for the operational and categorical funding of public charter schools in their first year of operation; and clarifies the per pupil federal, state, and local funding of conversion public charter schools during their first year of operation. “All charter schools are public schools,” explained Rep. Collins. “We have three conversion schools in Montgomery, Mobile, West Alabama, Birmingham has a few, Fairfield, and there are a couple more in Montgomery.” The current law allows a public school system to convert an existing public school into a charter school. It also allows nonprofit groups that recognize a need to take their own funds to build and operate a charter school and apply for permission from the local school authorities to open a charter school. If that application is denied, that organization may submit its request to the Alabama Public Charter School Commission for review. Governor Ivey also successfully championed funding charter schools in addition to this needed legislation. A much more vigorous expansion of school choice – the PRICE Act – was never considered on the floor of either House. SB202/HB295 was carried by Sen. Larry Stutts (R-Sheffield) and Rep. Ernie Yarborough (R-Hartselle). It would have allowed education dollars to follow the child and was not limited to just poor children or children zoned to the worst schools in the state. It was not regulated by a state commission as to whether an alternative was needed or not. Every child in the state would have been given $6,900 in an education savings account that could have followed the child to another public school, a private school, a church school, or even to cover the expenses of home school. That legislation was strongly opposed by the Alabama Education Association (AEA) and the Alabama School Superintendents. Speaker of the House Nathaniel Ledbetter (R-Rainsville) told reporters moments after the regular session ended on Tuesday that more school choice bills will likely be passed in future legislative sessions. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Gov. Kay Ivey signs legislation making Yellowhammer Cookie Alabama’s official state cookie
On Friday, Alabama Governor Kay Ivey met with Montgomery 4th grader and recipe creator Mary Claire Cook to consider whether or not to sign legislation making Cook’s creation, the Yellowhammer Cookie, the official state cookie of the State of Alabama. Governor Ivey taste-tested the cookie for herself and gave it the stamp of approval. Ivey added her signature on the bill to officially name the Yellowhammer Cookie the official state cookie. Governor Ivey commented, “Sweet Home Alabama just got a little sweeter!” House Bill 421 (HB421) is sponsored by State Representative Reed Ingram (R-Montgomery). The legislation was carried in the Alabama Senate by State Senator Will Barfoot (R-Pike Road). “This week, you all have had the opportunity to see, and more importantly taste, the yellowhammer cookie,” Barfoot said, holding one up in the air for members to see. “This was brought to me by some fourth graders at Trinity Presbyterian School.” Reed explained that the students learned that Alabama did not have an official state cookie, so the students resolved to fix this situation by holding a cookie contest. The fourth graders submitted cookies, and the seniors judged them. Ultimately the Yellowhammer Cookie was judged the best cookie to submit to the legislature. “Twenty-four recipes were submitted,” Barfoot said. “That was narrowed down to five. Seniors from the government class at Trinity were brought in to judge the cookies, and the yellowhammer cookie was selected.” The cookies contain peanuts, pecans, and oats – all crops grown and well-adapted to Alabama. The pecan is already the official nut of Alabama, and the peanut is the official legume of the state of Alabama. Alabama Today asked Cook if making the cookie was something an ordinary person could do or if it required a factory to produce. “George Washington Carver’s work at Tuskegee Institute on peanuts is important to Alabama,” Barfoot said. Sen. David Sessions (R-Mobile) said, “It has peanuts and pecans. I raise both of them on my farm.” The legislation passed the Senate 35 to 0. Cook was joined at the Statehouse by her teachers Katherine Bandy and Kylie Osborne to lobby legislators. Former Congresswoman Martha Roby (R-AL02) also played an active role in these efforts. Lieutenant Governor Will Ainsworth recognized Cook for her work, and she was applauded by the members of the Senate. Tuesday will be the last day 25 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama House to consider ambitious special-order calendar on Wednesday
The Alabama House of Representatives will meet on Wednesday at 1:00 p.m. to consider a very ambitious proposed special-order calendar. Senate Bill 206 (SB206) is sponsored by State Senator Clyde Chambliss (R-Prattville). It is being carried on the floor by State Representative Allen Treadaway (R-Morris). SB206 creates the crime of organized retail theft and turns what used to be misdemeanor shoplifting into a felony. Senate Bill 261 (SB261) is sponsored by Sen. Dan Roberts (R-Mountain Brook). It is carried in the House by Rep. Chip Brown (R-Hollinger’s Island). The anti-ESG legislation would prohibit state and local governments from entering into certain contracts that boycott businesses in certain sectors or based on certain environmental or corporate governance criteria. Senate Bill 279 (SB279) is sponsored by Sen. Randy Price (R-Opelika) and carried in the House by Rep. Matt Woods (R-Jasper). SB279 deals with elected county superintendents of education. Under existing law, the salary for an elected county superintendent of education is required to be set by the county board of education before the beginning of the term of office. This bill would remove that requirement retroactive to July 1, 2021. Senate Bill 94 (SB94) is sponsored by Sen. April Weaver (R-Briarfield) and is carried in the House by Rep. Corley Ellis (R-Columbiana). SB94 would move the Shelby County juvenile probation services and probation officers into the state court system. Senate Bill 99 (SB99) is sponsored by Sen. Sam Givhan (R-Huntsville) and carried in the House by Rep. Prince Chestnut (D-Selma). SB99 would increase the mileage reimbursement rate received by jurors Senate Bill 56 (SB56) is sponsored by Sen. Arthur Orr (R-Decatur) and carried in the House by Rep. Allen Baker (R-Brewton). SB56 would require the use of video cameras in certain special education classrooms. Allen is bringing a substitute version of the bill. Senate Bill 292 (SB292) is sponsored by Sen. Roberts and carried by Rep. Joe Lovvorn (R-Auburn). SB292 would provide for the Department of Revenue to grant certificates of exemption from sales and use taxes to contractors and subcontractors licensed by the State Licensing Board for General Contractors for the purchase of building materials and construction materials to be used in the construction of a project for an entity that is exempt by law from paying sales and use taxes. Senate Bill 223 (SB223) is sponsored by Sen. Vivian Figures (D-Mobile) and carried in the House by Rep. Matt Simpson (R-Daphne) would include a child witness in the definition of “a physical offense, sexual offense, or violent offense” for the purpose of the Child Physical and Sexual Abuse Victim Protection Act. Senate Bill 309 (SB309) is sponsored by Sen. Chambliss and carried by Rep. Wood in the House. SB309 is related to contracts for professional services to provide for the procurement of certain professional service contracts based on competitive, qualification-based policies and procedures, as well as to provide for the advertisement of such contracts; and to subject such contracts to a fee schedule established by the Division of Construction Management of the Department of Finance. Senate Bill 198 (SB198) is sponsored by Sen. Orr and carried in the House by Rep. Cynthia Almond (R-Tuscaloosa). It would add additional offenses that would be subject to the presumptive sentencing guidelines; to modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy; to give a judge discretion when sentencing a person convicted of a Class C or Class D felony offense. Senate Bill 184 (SB184) is sponsored by Sen. Greg Albritton (R-Atmore) and carried in the House by Rep. Kyle South (R-Fayette). SB184 would authorize the Department of Corrections to expend funds for the recruitment and training of law enforcement officers and to further the mission of the department. South will introduce a substitute version of the bill. Senate Bill 224 (SB224) is sponsored by Sen. Figures and carried in the House by Rep. Simpson. It provides for the age of a child for the crime of transmitting obscene material to a child by computer, to establish jurisdiction for a violation of distributing a private image, and further provides for the crime of incest. Senate Bill 281 (SB281) is sponsored by Sen. Albritton and carried by Rep. Margie Wilcox (R-Mobile). SB281 creates a new distinctive license plate to benefit the USS Alabama Battleship Commission. Senate Bill 285 (SB285) is sponsored by Sen. Jones and carried in the House by Rep. Terri Collins (R-Decatur).SB285 will allow nonprofit organizations to host wine festivals. Senate Bill 176 (SB176) is sponsored by Sen Orr and carried by Rep. Collins. SB176 is the Student Right to Know Act of 2023. It requires the Alabama Commission on Higher Education to collect and make available online data for students to plan for their educational and professional futures; and for the Workforce Division of the Department of Commerce to share data and information with ACHE. Senate Bill 192 (SB192) is sponsored by Sen. Albritton and is carried in the House by Rep. Donna Givens (R-Loxley). SB192 would allow private corporations to limit access to industrial facilities and that industrial access roads to continue to be maintained as a public corporation. Senate Bill 263 (SB263) is sponsored by Sen. Donnie Chesteen (R-Dothan) and carried in the House by Rep. Terri Collins (R-Decatur). SB263 makes changes to the Alabama Accountability Act of 2013. It revises the law to change the term failing school to priority school and nonfailing to qualifying school to make other changes. Senate Bill 258 (SB258) is sponsored by Sen. Andrew Jones (R-Centre). It deals with nonprofit corporations that provide water services to the public authorizing a one-time audit by the Department of Examiners of Public Accounts. There is a substitute version of this bill. Senate Bill 103 (SB103) is sponsored by Sen. Orr: and carried by Rep. Almond. It would require the Alabama Ethics Commission to provide exonerating evidence to persons accused of ethics wrongdoing. Almond will introduce a substitute. Senate Bill 76 (SB76) is sponsored by Sen. Will Barfoot (R-Pike Road). It is carried in the House by Rep. Lovvorn. SB76 establishes the Rural Logging Support Act, funding supporting rural economic Development. Wednesday will be Day 28 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama lawmakers approve budget after disagreements on local projects
Alabama lawmakers on Friday gave final approval to general fund spending bills after sometimes tense disagreements over local projects and budget projections. Lawmakers worked through the night before giving final passage to the spending bills shortly in the early hours of Friday morning. “This is not the best that there ever has been, but it’s the best we can get to this evening,” said Sen. Greg Albritton, the chairman of the Senate Finance and Taxation General Fund Committee. Legislators gave final approval to a $3 billion general fund budget for the fiscal year beginning in October and a supplemental spending bill for this year. The bills now go to Alabama Gov. Kay Ivey. Sharp disagreements had emerged over funding for special projects, with some lawmakers saying their districts had been neglected. “It’s the poorest region of the state, and not one whole million dollars went to West Alabama,” Senate Minority Leader Bobby Singleton said. Lawmakers from Montgomery successfully fought to restore some funding for a gateway project to improve the area around Maxwell Air Force Base. Sen. Will Barfoot said the base is the “lifeblood of Montgomery.” Lawmakers had also disagreed over how much to spend in the upcoming fiscal year because of concerns about a possible economic downturn. The approved spending plan is about $10 million less than a House-passed plan. Republished with the permission of The Associated Press.
AG Steve Marshall applauds Senate passage of gang legislation
On Wednesday, Alabama Attorney General Steve Marshall issued a statement applauding the state Senate’s passage of legislation that would crack down on gang members who commit felonies and which would try some youthful offenders as adults if their crimes were gang-related. Senate Bill 143 (SB143) is sponsored by State Senator Will Barfoot (R-Pike Road). As written, SB143 provides penalty enhancements for felonies committed to further the interests of any criminal enterprise, attaches a mandatory minimum sentence to the possession or use of a firearm during the commission of certain crimes, and certifies individuals aged 16 and older as adults when charged under the Act. “My Office worked hand-in-hand with law enforcement to develop the Gang Prevention Act, as we continue to see the proliferation of violent street groups in too many of our communities,” said Attorney General Marshall. “Gang violence is a cancer, and tough sentences are the antidote. I applaud the Senate for moving forward with this legislation and prioritizing the safety of our citizens.” As the Chief Law Enforcement Officer of Alabama, Marshall is advocating for the Alabama Gang Prevention Act and the recently passed Deputy Brad Johnson Act dealing with correctional incentive time. In April, 162 Sheriffs and Chiefs of Police from across the state called on the legislature to pass the Alabama Gang Prevention Act. The original legislation was heavily amended on the Senate floor, The amended version of the bill defines “CRIMINAL ENTERPRISE” as “Any combination, confederation, alliance, network, conspiracy, understanding, or other similar arrangement in law or in fact, including a street gang as defined in Section 13A-6-26, of three or more persons, through its membership or through the agency of any member, that engages in a course or pattern of criminal activity.” A “CRIMINAL ENTERPRISE MEMBER” is defined as “An individual who meets three or more of the following: a. Admits to criminal enterprise membership. b. Is voluntarily identified as a criminal enterprise member by a parent or guardian. c. Is identified as a criminal enterprise member by a reliable informant. d. Adopts the style of dress of a criminal enterprise. e. Adopts the use of a hand sign identified as used by a criminal enterprise. f. Has a tattoo identified as used by a criminal enterprise. g. Associates with one or more known criminal enterprise members. h. Is identified as a criminal enterprise member by physical evidence. i. Has been observed in the company of one or more known criminal enterprise members four or more times. Observation in a custodial setting requires a willful association. This paragraph may be used to identify criminal enterprise members who recruit and organize in jails, prisons, and other detention settings. j. Has authored any communication indicating responsibility for the commission of any crime by a criminal enterprise.” SB143 has strong bipartisan support, passing 32 to 0 in the Alabama Senate. Gangs are terrorizing schools, parks, young people, and businesses across many parts of Alabama. It now goes to the Alabama House of Representatives for their consideration. The House has assigned SB143 to the House Judiciary Committee. It will be considered by the Committee on Wednesday at 1:30 p.m. in Room 423 of the Statehouse. The House Judiciary Committee has already voted to advance similar legislation in the House – House Bill 191. HB191 was killed when the House of Representatives would not consider it on the House floor on Thursday. Wednesday will be Day 28 of the 2023 Alabama Regular Legislative Session. The regular session is limited to no more than 30 legislative days. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature sends the Yellowhammer cookie legislation to Gov. Kay Ivey
On Wednesday, the Alabama Senate voted unanimously to make the Yellowhammer cookie the official cookie of the state of Alabama. The Yellowhammer cookie is the creation of Mary Claire Cook, a fourth-grade student at Trinity Presbyterian School in Montgomery, with some help from her grandmother. The students at Trinity were studying state symbols when they learned that Alabama did not have an official state-designated cookie, so they endeavored to create one. House Bill 421 (HB421) is sponsored by State Representative Reed Ingram (R-Montgomery). The legislation was carried in the Alabama Senate by State Senator Will Barfoot (R-Pike Road). “This week, you all have had the opportunity to see, and more importantly taste, the yellowhammer cookie,” Barfoot said, holding one up in the air for members to see. This was brought to me by some fourth graders at Trinity Presbyterian School.” “Twenty-four recipes were submitted,” Barfoot said. “That was narrowed down to five. Seniors from the government class at Trinity were brought in to judge the cookies, and the yellowhammer cookie was selected.” The cookies contain peanuts, pecans, and oats – all crops grown and well-adapted to Alabama. The pecan is already the official nut of Alabama, and the peanut is the official legume of the state of Alabama. “George Washington Carver’s work at Tuskegee Institute on peanuts is important to Alabama,” Barfoot said. Sen. Linda Coleman-Madison (D-Birmingham) said that the contest to select the state cookie should have been more “statewide.” “I think there should be some guidelines if we are going to do it,” Coleman-Madison said. “There are children who have food allergies to peanuts. I really wish we had some more participation.” “This is state law that we are passing,” Coleman-Madison continued. “When people come to the state of Alabama, this is the state cookie. We need to have some criteria. We need to have some more involvement.” Sen. David Sessions (R-Mobile) said, “It has peanuts and pecans. I raise both of them on my farm.” The legislation passed the Senate 35 to 0. Cook was viewing from the gallery with her teachers Katherine Bandy and Kylie Osborne. Lieutenant Governor Will Ainsworth recognized Cook for her work, and she was applauded by the members of the Senate. The legislation has already passed the House of Representatives. It now goes to the Governor for her consideration. Wednesday was day 25 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Bills expanding school choice options advance in Legislature
Bills to increase school choices for parents are still being considered by Alabama state legislators as time remaining in the 2023 Alabama Regular Legislative Session is starting to become an issue. There is growing support for giving parents options on where their children are educated. Now how to do that without harming the existing legacy public school systems is an issue that the Alabama Legislature is presently grappling with. House Bill 363 (HB363) is sponsored by State Rep. Terri Collins. HB363 passed the Alabama House of Representatives on a 76 to 25 vote on May 11. Since then, the charter schools legislation has been referred to the Senate Education Policy Committee. HB363 is on the committee agenda for Wednesday at 1:00 p.m. in the Finance and Taxation Room on floor eight of the Alabama Statehouse. The Alabama School Choice and Student Opportunity Act changes the appointment process for the Alabama Public Charter School Commission; authorizes the Commission to hire staff; requires commissioners to receive annual training; provides additional guidelines for the authorizing and application review process; provides further for the operational and categorical funding of public charter schools in their first year of operation; and clarifies the per pupil federal, state, and local funding of conversion public charter schools during their first year of operation. “All charter schools are public schools,” explained Rep. Collins. “We have three conversion schools in Montgomery, Mobile, west Alabama, Birmingham has a few, Fairfield, and there are a couple more in Montgomery.” The current law allows a public school system to convert an existing public school into a charter school. It also allows nonprofit groups that recognize a need to take their own funds to build and operate a charter school and apply for permission from the local school authorities to open a charter school. If that application is denied, then that organization may submit its request to the Alabama Public Charter School Commission. Senate Bill 202 (SB202) is sponsored by State Senator Larry Stutts. The Parental Rights In Children’s Education (PRICE) Act for K-12 education “would secure the fundamental constitutional rights of parents to direct the education of their children according to their religious faith, beliefs, values, and morals. This bill would create and provide for the PRICE Program and would establish a three-year phase-in period.” It establishes a Parent Advisory Board and “would provide for the funding of the PRICE ESA Fund and the PRICE Administration Fund for the costs of administering the PRICE Program.” The bill would also provide for implementing and administrating the PRICE Program and using education savings accounts. It would specify the qualified expenses that can be paid from an education savings account. The bill would give parents $6,900 to put into an Education Savings Account that the parents could use at a public school, a public charter school, a private school, or a religious school. SB202 spent three weeks in Senate Committees; but received a favorable report on May 17. The program cost was capped at $50 million in the substitute that passed the committee. SB202 could be considered by the full Senate as early as Tuesday. House Bill 295 (HB295) is sponsored by Rep. Ernie Yarborough. HB295 was referred to committee in the House and has not been acted on in committee and is not on the committee agenda for Wednesday. That the House has yet to address HB295 is not a good indicator for the PRICE Act if it gets out of the Senate. Senate Bill 297 (SB297) is sponsored by Sen. Will Barfoot. SB297 is the Senate version of HB363. It received a favorable report from the Senate Education Policy Committee on May 11. It could be considered by the full Senate as early as Tuesday. SB297’s having advanced in committee indicates that HB363 will also advance out of committee. The Alabama Republican Party has endorsed school choice, but the Alabama Education Association and the Alabama School Superintendents Association are both staunchly opposed to any serious expansion of parental choice. Republicans have commanding supermajorities in both Houses of the Alabama Legislature, so they can pass school choice whether or not Democrats are in support. The question is how many Republican legislators are influenced by conservative principles on government versus how many are influenced more by lobbyist campaign dollars. Tuesday will be the 24th legislative day of the 2023 Alabama Regular Legislative Session. The Constitution of Alabama of 1901 limits the regular session to a maximum of 30 legislative days. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature passes bill allowing social workers to diagnose mental illness
On Tuesday, the Alabama Senate State voted 32 to 0 to pass legislation allowing certain highly trained social workers to diagnose mental illnesses. The bill had already passed the House of Representatives 104 to 1. House Bill 56 (HB56) is sponsored by State Representative Frances Holk-Jones. It was carried in the Senate by State Senator Linda Coleman-Madison. HB56 has already passed the House 104 to 1. Sen. Coleman-Madison said, “It gives me great pleasure to present this bill.” “There is a limited number of social workers in our state,” Coleman-Madison said. “This will expand their scope of practice.” “We need social workers in the state,” Coleman-Madison said. “I am very supportive of the bill,” Sen. Will Barfoot said. “My Aunt is in the Social Worker Hall of Fame.” Barfoot said that his daughter is in her final year of college to be a social worker. “There is a huge need for social workers in our state: geriatric, veterans, in the schools, and working with mental health,” Barfoot explained. Sen. Dan Roberts said, “I congratulate you for working on this bill.” Rep. Holk-Jones explained to the Senate State Governmental Affairs Committee that “Alabama is currently the only state that does not allow” these highly trained social workers to diagnose mental illness. “We are losing these social workers to other states,” Holk-Jones said. “This allows people to get diagnosed and treatment without traveling to see a medical professional.” Sen. Coleman-Madison sponsored the Senate version of the bill, SB109, which had already passed the Senate. SB109 likely will remain in committee as the House version has already passed both Houses. The legislation expands the scope of practice of a licensed independent clinical social worker, including the authority to diagnose and develop treatment plans. “The scope of practice does not include the diagnosis, treatment, or provision of advice to a client for problems or complaints relating to conditions outside the boundaries of the practice of social work.” The legislation states that no individual may engage in the independent clinical practice of social work unless they satisfy all of the following: (1) Licensed is licensed under this chapter as a licensed independent clinical social worker; and. (2) Has a doctorate or master’s degree from a school of social work approved, accredited, or in candidacy granted by the Council on Social Work Education; and. (3) Has had two years of full-time or three years of part-time postgraduate experience under appropriate supervision in the specified social work method or four years of full-time or five years of part-time postgraduate experience under appropriate supervision in the specialty in which the applicant will practice. (4) Has passed an examination prepared by the board for this purpose; except that prior to the time that an examination is prepared by the board for this purpose, no person individual who otherwise meets the requirements of this section will be prohibited from engaging in the private independent practice of social work; and. (5) Has been issued by mail a certified letter of certification stating his or her qualification for private independent practice by the board; and. (6) Has paid an initial certification fee set by the board. “The terms diagnose and treatment, whether considered in isolation or in conjunction with the rules of the board, may not be construed to permit the performance of any act which a licensed clinical social worker is not educated or trained to perform including, but not limited to, any of the following: (1) Administering and interpreting psychological tests or intellectual, neuropsychological, personality, or projective instruments. (2) Admitting any individual to a hospital for treatment of any condition that is outside the boundaries of the practice of social work, as provided in subsection (b). (3) Treating any individual in a hospital setting without medical supervision. (4) Prescribing medicinal drugs. (5) Authorizing clinical laboratory procedures or radiological procedures. (6) Using electroconvulsive therapy. The state of Alabama has a significant shortage of mental health professionals. Coleman-Madison said, “I am carrying this for Rep. Holk-Jones. I think this is her first bill.” Since HB56 has been passed in both Houses in the same form, the legislation now goes to Gov. Kay Ivey for her consideration. Tuesday was day 14 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Senate Committee advances legislation to bar protests at individual residences
On Thursday, the Alabama Senate Veterans and Military Affairs Committee voted to advance legislation prohibiting protests and picketing outside individual residences. Senate Bill 199 is sponsored by State Senator Arthur Orr (R-Decatur). Orr said that this legislation was inspired by the protests outside of Justice Brett Kavanaugh’s house following the release of a draft opinion overturning the Roe v. Wade decision. Orr said, “Protesters come out to the house and protested on the sidewalk with bullhorns and created a nuisance.” Orr said that he felt that the state of Alabama did not want that, so he drafted legislation to ban such tactics. “I showed it to Judiciary Chairman [Will] Barfoot, and he had some ideas,” Orr said. Sen. Will Barfoot said, “No person at or near a person’s residence. I think that is pretty vague. I think we need to tighten that up.” Sen. Andrew Jones is the Chairman of the Senate Veterans and Military Affairs Committee. The synopsis states, “This bill would prohibit a person from picketing or protesting at or near the residence of any individual intending to harass or intimidate. This bill would require law enforcement officers to ask a person who is protesting to peacefully leave the premises before placing that person under arrest.” This offense would be a class C misdemeanor. If local law enforcement can’t or won’t enforce this statute, it authorizes the Alabama Law Enforcement Agency to do so. This legislation would allow municipalities or counties to adopt ordinances or resolutions to regulate the time and noise level of any picketing or protesting in a residential area and provide criminal penalties for violations.” The committee voted to give SB199 a favorable report. It could be considered by the full Senate as early as Tuesday. While the protests outside of Supreme Court Justices’ homes made national news, there have been instances of protests outside of individual residences in Alabama. Protesters protested outside the home of Hoover Mayor Frank Brocato following the shooting of Emantic “E.J.” Bradford Jr. in the Galleria Mall by a Hoover police officer. In the case of the Supreme Court Justices, legal experts generally agree that targeted, stationary protests outside of a justice’s home are already prohibited under federal law — an effort to protect judges from undue pressures or influence. U.S. Sen. Katie Britt and other Republicans maintain that the Biden administration ordered the federal marshals to protect the judges but not to remove the protestors. Tuesday will be day 11 of the 2023 Alabama Regular Legislative Session. The Alabama Constitution limits the Legislature to no more than thirty legislative days during a regular session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
House Committee advances bill to combat youth gang violence
On Wednesday, the Alabama House Judiciary Committee voted to advance legislation that would prosecute 16-year-olds as adults if they are found to be affiliated with a gang. House Bill 191 (HB191) was sponsored by State Representative Allen Treadaway. “I was asked to carry HB191 by the Alabama Attorney General’s (Steve Marshall) office and with good reason,” Treadaway said. Treadaway is retired as a deputy Birmingham police chief. “I spent 31 years in law enforcement, and this is alarming,” Treadaway of the growing gang violence problem in Birmingham, Mobile, Montgomery, and communities across Alabama. “If we don’t do something with the type of behavior this bill is trying to address, we are going to have a lot more innocent victims,” Treadaway warned. “We have had innocent victims who have been hurt and are dying all across the state.” The Alabama Gang Prevention Act provides penalty enhancements for felonies committed to further the interests of a gang, attaches a minimum sentence to any use of a firearm to promote the gang, and certifies individuals aged 16 and older as adults when charged with gang-related offenses under the Act. Treadaway presented a letter from sheriffs and police chiefs across Alabama supporting HB191. “Just about every sheriff and police chief has signed on to this,” Treadaway said. Rep. Christopher England spoke in opposition to the bill. “Do we not have any other answer other than locking people up?” England said. “The more people we put in prison, the less space we have for the people that really need to be there.” “We have the same problem in Tuscaloosa,” England said. “There is another answer out there other than put them in jail for as long as possible.” Rep. Ontario Tillman said, “We are going to lock up a kid because he is associated with a gang member or law enforcement thinks he is.” Tillman made a motion to send HB191 to a subcommittee. Rep. Jim Hill chairs the House Judiciary Committee. “The NOs have it,” Hill said after a voice vote. Rep. Penny McClammy said, “Why is the first thing we think about is tougher punishment, but we never address the problem.” McClammy suggested that the state should develop some sort of a program for those kids who are in and out of trouble. “Unfortunately, there are individuals that fall through the cracks and commit very violent crime,” Treadaway said. “They have been afforded every opportunity. Unfortunately, those people are hell-bent on killing people.” “I care more about the victims,” Treadaway said. “We better have a place to put them, or there is going to be another victim. Look at the folks left behind by the violence. It leaves children without a father or a mother.” State Rep. David Faulkner made a motion to give HB191 a favorable report. The motion passed. HB191 received a favorable report. The House could consider HB191 as soon as Thursday. According to the synopsis, “This bill would identify gang members. This bill would enhance penalties for any criminal activity that benefits, promotes, or furthers the interest of a gang. The bill would establish mandatory consecutive penalties for any individual who knowingly possesses, uses, or carries a firearm during the commission of any act intended to benefit, promote, or further the interest of a gang. Under existing law, juveniles 16 years of age or older are tried as adults for certain crimes. This bill would require any juvenile 16 or older to be tried as an adult for any gang-related criminal activity.” Senate Bill 143 (SB143) is the Senate version of the same bill. SB143 is sponsored by Sen. Will Barfoot. Thursday will be day 10 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Law enforcement leaders support Steve Marshall’s Gang Prevention Act
Alabama Attorney General Steve Marshall applauded a letter submitted to the Alabama Legislature from 162 Sheriffs and Chiefs of Police from across the state calling for the swift passage of legislation that would prosecute 16-year-olds as adults if they commit a serious crime furthering the interests of a gang. Senate Bill 143 (SB143) is sponsored by State Sen. Will Barfoot. The same legislation has been introduced in the House as House Bill 191 (HB 191) by State Rep. Allen Treadaway. The Alabama Gang Prevention Act provides penalty enhancements for felonies committed to further the interests of a gang, attaches a minimum sentence to any use of a firearm to promote a gang, and certifies individuals aged 16 and older as adults when charged with gang-related offenses under the Act. “Gang violence has steadily increased over the last decade, but we must refuse to accept in Alabama,” the sheriffs and police chiefs wrote. “The legislature can help to curb this trend by enacting the Alabama Gang Prevention Act,” said Attorney General Marshall. “Together, we are urging the swift passage of this legislation that will give state and local law enforcement the tools they need to take back our streets.” “Currently, Alabama has no law on the books to specifically combat or deter gang activity and gang violence,” the letter explains. “Gang violence is a cancer and tough sentences are the antidote.” According to the synopsis, “This bill would identify gang members. This bill would enhance penalties for any criminal activity that benefits, promotes, or furthers the interest of a gang. The bill would establish mandatory consecutive penalties for any individual who knowingly possesses, uses, or carries a firearm during the commission of any act intended to benefit, promote, or further the interest of a gang. Under existing law, juveniles 16 years of age or older are tried as adults for certain crimes. This bill would require any juvenile 16 or older to be tried as an adult for any gang-related criminal activity.” On Tuesday, Senate Bill 119, which would have prosecuted 16-year-olds as adults for assaulting the staff of a juvenile corrections facility with a weapon, was carried over in the Senate after Senate Minority Leader Bobby Singleton objected to prosecuting 16-year-olds as adults. The sponsor, Sen. Linda Coleman-Madison, is working with Singleton on a compromise. SB143 and HB191 potentially would lead to many more youthful offenders being prosecuted as adults. It also has the potential to exacerbate Alabama’s prison overcrowding situation. SB143 will be considered by the Senate Judiciary Committee when it meets on Wednesday in Room 325 in the Alabama Statehouse. HB191 will be considered by the House Judiciary Committee on Wednesday afternoon when it meets in Room 200. Wednesday will be day 9 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
