Office of Senate President Pro Tempore Del MarshPress Clips

Saturday, May 06, 2023

Bill would set aside more money for Accountability Act (Anniston Star) Alabama Accountability Act draws praise and criticism at hearing; committee postpones vote

(AL.com) Alabama House passes bill protecting students' religious freedoms (AL.com) Senate committee approves Open Meetings Act changes (Montgomery Advertiser) Alabama bill to keep execution drug-suppliers secret passes house (AL.com) Bill to bring back the electric chair passes Alabama House (AL.com) 17 charged with violating Alabama unemployment compensation law, state labor department

says (AL.com) Charter school bill moving closer to become law in Alabama (AL.com) Bill to change Birmingham Water Works Board goes to Senate committee Wednesday (AL.com) Greer: More revenue needed for General Fund (News Courier) Average Obamacare premiums and subsidies in Alabama: Wednesday's numbers to know

(AL.com) Here's why Alabama's prison reform bill isn't an 'unfunded mandate' (AL.com) Hyundai plans to expand auto plant in Montgomery (Tuscaloosa News) AL House Approves "Truth In Salary Act” For Public Employees And Educators (WTVY) Not the life she expected: A family's place in Alabama's chicken industry (AL.com) U.S. Supreme Court ruling could eliminate ACA subsidies for 230K Alabamians (Birmingham

Business Journal) Ala. senator enlists Navy SEAL to equip local men to ‘become the leaders God created them to

be’ (Yellowhammer News) Why firing squads might become more common in the U.S. (Washington Post) Report: Alabama investigating possible elder abuse in connection with Harper Lee’s new novel

(Washington Post)

Bill would set aside more money for Accountability ActSen. Del Marsh wants to increase the amount of money set aside for the much-debated Alabama Accountability Act, but he's willing to put that bill on hold to discuss is with critics.

"I've heard from some people today that have concerns that are my concerns," Marsh, an Anniston Republican, said Wednesday.

Marsh was the architect of the Accountability Act, a 2013 bill that set aside tax credits to help students make the switch from public to private schools. Under the bill, parents of students in public schools deemed "failing" by the state would get a tax credit to offset the cost of private school tuition. The law also allowed businesses statewide to write off as much as $25 million in tax liability by donating money to scholarship organizations also devoted to helping kids shift to private schools.

This year, Marsh proposed a bill that would raise that annual scholarship money cap to $35 million. It would also likely increase the number of public schools listed as "failing" by changing the formula the state uses to define failing.

At present, a school has to score in the bottom 6 percent of schools for three of the past six years; the new version would set the limit at 10 percent for two of the past four years.

In a hearing before the Senate's Finance and Taxation Committee, critics and supporters again debated the value of the Accountability Act itself.

"At Selma High, I wasn't reaching my expectations because the classes were too large," said Christopher Caldwell, now a student at Ellwood Christian Academy in Selma, on an Accountability Act Scholarship.

Alison Perkins, a Montgomery resident, said her son thrived in a private school, Churchill Academy, after moving there under the Accountability Act. Perkins said she would have moved her daughter if she had qualified.

"The entire year in public school, she did not receive her science textbook," Perkins said.Critics of the Accountability Act claimed that very testimony showed why the scholarships shouldn't be expanded. Income tax in Alabama is earmarked for schools, so a $10 million increase in tax credits would reduce education funding by $10 million.

"If there's any wonder why we have failing schools, it's because we don't have the resources to deal with the problem," said Daniel Boyd, superintendent of Lowndes County Schools. Boyd said large class sizes and a lack of textbooks are both symptoms of lack of money in the school system.

Both supporters and critics of the Accountability Act called for other changes to the law. Private school principals called for a change to the date for students to qualify for the scholarships, to make it easier for them to apply — something that's in Marsh's current bill. Past critics of the Accountability Act called for Marsh to add more oversight measures for the nonprofits that manage the scholarships granted under the law.

"People who are spending taxpayer dollars should be subject to audit," said Susan Kennedy, revenue manager for the Alabama Education Association. The current bill doesn't allow the state to audit scholarship-granting organizations, something it can do to most other state-funded agencies.

Marsh said he wanted to talk to critics and come up with a bill they could support. At his request, the committee voted to hold the bill over until a future meaning — putting it on hold for a week or longer.

_____________Alabama Accountability Act draws praise and criticism at hearing; committee postpones voteThe much debated and litigated Alabama Accountability Act is back before the Alabama Legislature, its chief proponent aiming to revise it.

A Senate committee today held a public hearing on Sen. Del Marsh's plan to raise a cap on the AAA scholarship program and make many other changes to the bill.

The committee, at Marsh's request, opted not to vote on the bill today after a public hearing.

Marsh said he would try to address some of the concerns raised at the hearing before seeking a vote on the bill.

The hearing drew a standing room only crowd.

The committee heard from proponents of the Accountability Act, including parents who used the scholarship program and said their children are doing much better since moving from public school to private school.

It heard from opponents who raised many concerns.

Some urged legislators not to raise the cap on the scholarship program from $25 million to $35 million, which would divert another $10 million for public schools, which they said are already underfunded, especially in some poor, rural areas.

_______________Alabama House passes bill protecting students' religious freedomsThe Alabama House passed a bill that prohibits schools from discriminating against students for expressing their religious viewpoints in school.

State Rep. Mack Butler, R-Rainbow City, said his bill - Student Religious Liberties Act - ensures students maintain their constitutional rights and will quell any confusion of religious expression being allowed in school.

The bill passed today in the House is part of the House Republican Caucus' legislative agenda. The bill now moves on to the Senate for consideration.

Alabama State House building in Montgomery March 6, 2013(Bob Gathany / bgathany@al.com)The Alabama State House building is shown in Montgomery, Ala., in an image from 2013. (AL.com)Carol McPhail | cmcphail@al.com "It doesn't change any of the rights," Butler, a former school board member, said. "It requires school boards to create a policy dealing with freedom of expression."

He said he wants students to be protected, specifically mentioning a Tennessee student who was kicked out of school for saying "bless you" after someone sneezed.

Butler said schools are "terrified of crossing the line."

Rep. John Knight, D-Montgomery, and Rep. Rep. Juandalynn Givan, D-Birmingham, both questioned the need for the bill. They said the First Amendment already gives students this freedom.

_______________Senate committee approves Open Meetings Act changesThe Senate Judiciary Committee Tuesday approved changes to the state's Open Meetings Act, aimed at addressing recent Alabama Supreme Court rulings that the bill's sponsor said "gutted" the law.

"There's a lot of uncertainty as to who that act applies to," said Sen. Cam Ward, R-Alabaster, who also chairs the committee.

The legislation was introduced last year and passed the Senate, but died on the last day of the 2014 Regular Session amid a fight between Gov. Robert Bentley and legislative leaders over the state's budgets. The legislation is effectively the same as last year's bill.

The three Supreme Court decisions were handed down in 2012 and 2013. In 2012, the Alabama Supreme Court ruled that the Montgomery County Board of Education did not violate the Open Meetings Act when it had two or three board members at a time meet with then-Superintendent Barbara Thompson to hear her plans and goals without being in a public meeting.

The high court ruled that "meeting" only referred to gatherings where a majority of board members were present. The court also ruled that back-to-back serial meetings that were not public and ultimately involved a majority of the board members — but no more than three at a time — did not violate the act, due to the lack of language on that front.

In 2013, two former Alabama Public Television executives claimed APT's governing commission purposefully met in secret to fire them. The state's high court ruled that the executives did not have standing to bring the lawsuit, even if they could prove their claims, because fines assessed for violations would be paid to the state, not the plaintiffs.

That same year, dealing with ongoing fights over the Alabama Accountability Act, the Supreme Court ruled 8 to 0 that the "Alabama Constitution does not require the Legislature to conduct its meetings in public," despite Section 57 of the Constitution which requires the doors of both chambers to be kept open.

Ward's bill would prohibit serial meetings; clarify the definition of meeting; specifically apply Section 57 of the Constitution to the Legislature and give citizens standing to apply and set a minimum penalty of $1 for violations of the act.

The bill now moves on to the full Senate.

________________Alabama bill to keep execution drug-suppliers secret passes houseThe Alabama House of Representatives on Wednesday voted to keep secret the names of execution-drug suppliers and to bring back the electric chair if the state can't obtain the chemicals for a lethal injection.

Alabama is the latest state to try to shield the identities of execution-drug manufacturers, and to look to other methods of execution, in the face of a drug shortage and court challenges over the humaneness of lethal injection.

House members added the secrecy language to a bill under debate that would resume use of Alabama's electric chair-- nicknamed Yellow Mama-- if the state was ever unable to obtain lethal injection drugs or if the execution method was ruled unconstitutional.

"If lethal injection is to continue in this state, the people who manufacture the drugs need privacy because of what they are doing," Rep. Mac McCutcheon, R-Capshaw, said.

Representatives passed the bill on a 76-26 vote, sending it to the Alabama Senate for consideration.

Bill sponsor Rep. Lynn Greer, R-Rogersville, said Alabama and other death penalty states are having trouble obtaining the drugs because pharmacies fear lawsuits and backlash from death penalty opponents.

The secrecy provision was criticized by some lawmakers.

Rep. Chris England, D-Tuscaloosa, said the drug purchases are "clearly a public record" and the state has no legal basis to try to withhold the names of the drug suppliers from the public.

"There is no other reason to keep that confidential other than to keep the execution train rolling," England said.

Representatives approved a similar drug-secrecy bill in 2014, but the legislation stalled in the Alabama Senate.

______________Bill to bring back the electric chair passes Alabama HouseLegislation to bring back the electric chair in Alabama if lethal injection is deemed unconstitutional or the ingredients aren't available passed in the House.

"The system we have today, we all know it is not working," bill sponsor Lynn Greer, R-Rogersville, said on the House floor Wednesday evening. "It may be working for the criminals, but it is not working for the victims. To me, this makes common sense."

Greer's bill passed the House 76-26 with an amendment from Mac McCutcheon, R-Huntsville, that would keep the manufacturers of lethal injection drugs confidential. The bill will now move on to the Senate for consideration.

Lethal injection replaced the electric chair in 2002 because legislators thought it was more humane, but since then there have been questions about the lethal injection ingredients and their handling.

Rep. Jimmy Martin, R-Clanton, said he served as the coroner in Chilton County for 36 years and spoke in support of the bill. "I am backing you 100 percent because I think we have done enough to protect the people on death row, and I think we should start protecting those who walk across the streets of this state," he said.

Several Democrat lawmakers spoke against the death penalty and questioned Greer about the need for his bill.

Rep. Darrio Melton, D-Selma, said the bill isn't necessary because lethal injection hasn't been ruled unconstitutional.

The death penalty is "something we should not be dealing with," said Rep. Barbara Boyd, D-Anniston.

Boyd said she had to speak her conscience. She admitted Republican lawmakers have the votes to pass the bill.

Rep. Juandalynn Givan, D-Birmingham, spoke against the bill, saying it would do absolutely nothing to speed up the execution process.

__________________17 charged with violating Alabama unemployment compensation law, state labor department saysSeveral Alabama residents were prosecuted for alleged unemployment compensation fraud, the state's labor department announced Wednesday. Fourteen people were charged with violating state law, making false statements in documents to receive benefits. Another two people were charged with first degree theft of property, and one person was charged with third degree theft of property.

"Unemployment compensation benefits can serve as a lifeline to those who truly need them," Alabama Department of Labor Commissioner Fitzgerald Washington said in a prepared statement. "However, we want to send a message to those who would knowingly defraud the system in order to obtain benefits they aren't entitled to: This is a crime and you will be prosecuted."

Washington added that timely reporting new hires is a crucial tool to root out fraud.

Each of the following individuals were charged with violating the Alabama Unemployment Compensation Law by making false statements in claims for benefits:

Justin W. Brooks, of Prattville, was tried in Autauga County District Court on March 3, 2015. An investigation by Labor's Benefit Payment Control Section determined that Brooks received a total of $3,775 in benefits to which he was not entitled.

Brooks pled guilty and was sentenced to one year in jail, which was suspended, and given one year of supervised probation. He was ordered to pay court costs and restitution in the amount of benefits received illegally.

Billy W. Alewine, of Valley, was tried in Chambers County District Court on February 18, 2014. An investigation by Labor's Benefit Payment Control Section determined that Alewine received a total of $2,052 in benefits to which he was not entitled.

Alewine pled guilty and was ordered to pay court costs and restitution in the amount of benefits received illegally.

Jennifer L. Spooner, of Ariton, was tried in Dale County District Court on February 23, 2015. An investigation by Labor's Benefit Payment Control Section determined that Spooner received a total of $4,210 in benefits to which she was not entitled.

Spooner pled guilty and was sentenced to six months in jail, which was suspended, and given six months of unsupervised probation. She was also ordered to pay court costs and restitution in the amount of benefits received illegally.

Randall O. Givan, of Selma, was tried in Dallas County District Court on March 3, 2015. An investigation by Labor's Benefit Payment Control Section determined that Givan received a total of $3,592 in benefits to which he was not entitled.

Givan pled guilty and was sentenced to 90 days in jail, which was suspended for two years pending restitution, and two years of unsupervised probation. He was also ordered to pay court costs and restitution in the amount of benefits received illegally.

Christopher Pate, of Titus, was tried in Elmore County District Court on February 3, 2015. An investigation by Labor's Benefit Payment Control Section determined that Pate received a total of $6,145 in benefits to which he was not entitled.

Pate pled guilty and was sentenced to 90 days in jail, which was suspended for two years pending restitution, and two years of unsupervised probation. He was also fined $250 and ordered to pay court costs and restitution in the amount of benefits received illegally.

Carmanatica A. Pernell, of Millbrook, was tried in Elmore County District Court on February 3, 2015. An investigation by Labor's Benefit Payment Control Section determined that Pernell received a total of $1,608 in benefits to which she was not entitled.

Pernell pled guilty and was sentenced to 60 days in jail, which was suspended for two years pending restitution, and given two years of unsupervised probation. She was also fined $100 and ordered to pay court costs and restitution in the amount of benefits received illegally.

Tashia M. Turner, of Millbrook, was tried in Elmore County District Court on February 24, 2015. An investigation by Labor's Benefit Payment Control Section determined that Turner received a total of $3,570 in benefits to which she was not entitled.

Turner pled guilty and was sentenced to six months in jail, which was suspended for one year pending restitution, and given one year of unsupervised probation. She was also ordered to pay court costs and restitution in the amount of benefits received illegally.

Delilah S. Hoskins, of Greensboro, was tried in Hale County District Court on February 10, 2015. An investigation by Labor's Benefit Payment Control Section determined that Hoskins received a total of $1,574 in benefits to which she was not entitled.

Hoskins pled guilty and was sentenced to one year in jail, which was suspended for one year pending behavior of the defendant. She was also fined $100 and ordered to pay court costs and restitution in the amount of benefits received illegally.

Latiunna A. Brown, of Birmingham, was tried in Jefferson County District Court on June 23, 2014. An investigation by Labor's Benefit Payment Control Section determined that Brown received a total of $2,481 in benefits to which she was not entitled.

Brown pled guilty and was ordered to pay court costs and restitution in the amount of benefits received illegally.

Stephanie Holyfield, of Birmingham, was tried in Jefferson County District Court on August 11, 2014. An investigation by Labor's Benefit Payment Control Section determined that Holyfield received a total of $7,689 in benefits to which she was not entitled.

Holyfield pled guilty and was ordered to pay court costs and restitution in the amount of benefits received illegally.

Daniel H. Burrow, of Opelika, was tried in Lee County District Court on February 17, 2015. An investigation by Labor's Benefit Payment Control Section determined that Burrow received a total of $7,487 in benefits to which he was not entitled.

Burrow pled guilty and was sentenced to one year in jail, which was suspended for two years pending restitution, and given two years of unsupervised probation. He was also ordered to pay court costs and restitution in the amount of benefits received illegally.

Latisha P. Bailey, of Opelika, was tried in Lee County District Court on March 5, 2015. An investigation by Labor's Benefit Payment Control Section determined that Bailey received a total of $1,866 in benefits to which she was not entitled.

Bailey pled guilty and was ordered to pay court costs and restitution in the amount of benefits received illegally. Further sentencing will be based on her ability to pay restitution.

Marvin G. Kelley, of Alpine, was tried in Talladega County District Court on March 5, 2015. An investigation by Labor's Benefit Payment Control Section determined that Kelley received a total of $7,984 in benefits to which he was not entitled.

Kelley pled guilty and was sentenced to one year in jail, which was suspended for two years pending restitution, and given two years of unsupervised probation. He was also ordered to pay court costs and restitution in the amount of benefits received illegally.

Jerry Edwards, of Alexander City, was tried in Tallapoosa County District Court on February 17, 2015. An investigation by Labor's Benefit Payment Control Section determined that Edwards received a total of $5,033 in benefits to which he was not entitled.

Edwards pled guilty and was sentenced to one year in jail, which was suspended, and given two years of probation. He was also ordered to pay court costs and restitution in the amount of benefits received illegally.

-- The following individuals were charged with third degree theft of property after violating the Alabama Unemployment Compensation Law for making false statements on claims for unemployment benefits:

Douglas C. Evans, Sr., of Gadsden, was tried in Etowah County District Court on January 21, 2015. An investigation by Labor's Benefit Payment Control Section determined that Evans received a total of $4,082 in benefits to which he was not entitled.

Evans pled guilty and was sentenced to 180 days in jail, which was suspended, and given two years of probation, pending restitution. He was also ordered to pay court costs and restitution in the amount of benefits received illegally.

-- The following individuals were charged with first degree theft of property after violating the Alabama Unemployment Compensation Law for making false statements on claims for unemployment benefits:

Willie Calhoun, of Alpine, was tried in Talladega County District Court on February 10, 2015. An investigation by Labor's Benefit Payment Control Section determined that Calhoun received a total of $10,100 in benefits to which he was not entitled.

Calhoun pled guilty and was sentenced to 31 months in jail, which was suspended for three years pending restitution, and given three years of unsupervised probation. He was also fined $500and ordered to pay court costs and restitution in the amount of benefits received illegally.

William K. Eller, of Gadsden, was tried in Etowah County District Court on February 23, 2015. An investigation by Labor's Benefit Payment Control Section determined that Eller received a total of $4,623 in benefits to which he was not entitled.

Eller pled guilty and was sentenced to five years in jail, which was suspended, and placed on probation. He was ordered to pay court costs and restitution in the amount of benefits received illegally.

_____________Charter school bill moving closer to become law in AlabamaRepublicans who control the Alabama Legislature put a bill to allow charter schools in Alabama at the front of the line this year, and it could be in position for final passage next week.

Friends and foes of the plan spoke during a two-hour public hearing in a jam-packed committee room today.

Rep. Terri Collins, R-Decatur, the chair of the Education Policy committee, said the committee would vote on Sen. Del Marsh's bill on Thursday.

Marsh's bill passed the Senate 22-12 on Thursday night mostly along party lines, with Republicans supporting it. It was the first bill to pass the Senate this year.

Republicans in the House of Representatives have also named the bill as a priority.

Alabama is one of only eight states that don't allow charter schools, according to the Alabama Public Charter School Association, which is advocating for the bill.

Charter schools are publicly funded but aren't bound by all the rules and regulations of traditional public schools.

Advocates say that allows them to innovate in ways that better fit some students.

But opponents of the bill said the state should provide more funding for basic needs in public schools before starting a new category of schools that could employ teachers without professional certification.

Mary Ann Hayward, president of the American Federation of Teachers in Jefferson County, said no one has approached her about the need for charter schools.

Instead, Hayward said she hears that parents are tired of having to hold bake sales and sell wrapping paper to pay for basic school supplies. She says they are concerned about large class sizes.

"When there is a pothole in a road, we don't build a separate road running parallel to that," Hayward said. "We fix the road."

Collins opened the meeting by citing results on state assessments that show many students failing to meet academic standards.

She said charter schools are one way to improve those results.

Others said the state has failed for years to invest in technology and in other areas that could have improved the academic performance.

Rep. Kerry Rich, R-Guntersville, said funding is not an excuse for all the problems in schools.

"You can talk about money from here to kingdom come," Rich said.

Rich said charter schools were not the answer to all the problems in public schools. But he said charter schools that are well managed have performed well in other states.

"I believe we have a mechanism where we can set it up where they will work well, and if they don't, we can close them down," Rich said.

Marsh's bill would allow local school systems to convert traditional schools to charter schools.

Nonprofit organizations could also apply to start charter schools.

The bill would set up an appointed nine-member state commission that could approve start-up charters if they are rejected by local school boards.

The ability to override a local school board's decision is one of the main objections for opponents of the bill.

The bill would limit the number of start-up charters to 10 per year for five years.

_______________Bill to change Birmingham Water Works Board goes to Senate committee WednesdayA bill to change both the membership and operating rules of the Birmingham Water Works Board will have its first committee hearing at the State House Wednesday afternoon.

Both opponents and proponents of the legislation from State Sen. Jabo Waggoner, R-Vestavia Hills, are preparing to make their case before the Fiscal Responsibility and Economic Development Committee.

Among other things, Waggoner's bill would cap board member pay to $500 a month, limit board service to two terms, and require public votes before board members travel.

The most contentious change would expand the current five-member board to seven members and take away the city of Birmingham's majority on the authority.

Waggoner said his proposals would bring more public transparency, provide fair board representation and promote more reasonable spending by the board.

Leading the opposition, Sen. Rodger Smitherman, D-Birmingham, this evening urged those against the bill to pack the conference room Wednesday.

"They tried last year without success to wrestle away control of the Water Works from Birmingham, and now, in the initial days of the 2015 session, they are back again," Smitherman said in written statement. "We cannot sit idly by and watch as others strip us of resources that have been under Birmingham's control since the beginning."

The entire five-member board is currently appointed by the Birmingham City Council. Under Waggoner proposal, four members would be selected by Birmingham with a requirement that one of those appointments from come outside the city limits.

Another seat would be selected by members of the Jefferson County Mayor's Association. The remaining two seats would be selected from among other counties serviced by the utility.

In all, three of the seven board members would be city of Birmingham residents, ending the city's majority. Smitherman specifically criticized that provision.

"I am committed to standing up for my constituents and preserving the resources," he said. "I want residents to pack the hearing room on Wednesday so that Senator Waggoner and others will know that we don't want them to take away the Birmingham Water Works."

Opposition to the legislation is also strong among a majority of the Water Board members who question the need for any change. The board has hired a team of four lobbying firms to fight the legislation at a cost of at least $360,000.

Legislation to change the Water Works in 2014 passed the Senate but stalled in a House committee on the last day of the session. Smitherman last year also fought the proposal in the Senate, filibustering at one point.

Nevertheless, Smitherman and others in opposition have said that a compromise on some provisions might be their best option this session.

Smitherman, on AM talk radio last week, said Birmingham lawmakers must employ both "aggression and compromise."

The hearing Wednesday is room 727 of the State House.

_______________Greer: More revenue needed for General FundReflecting on the first week of the 2015 legislative session, Rep. Lynn Greer, R-Rogersville, said many tough choices will have to be made to offset shortfalls in the prison system and Medicaid funding.

The highlight of the first week back in Montgomery was Gov. Robert Bentley’s state of the state address, in which he asked legislators to approve bills that would inject $541 million into the state’s coffers. Raising that amount of money will involve a number of tax hikes on items like cigarettes and new car purchases.

Greer said he’s confident most of Bentley’s bills will be introduced into House committees this week.

“Once we do that, we can play with (the bills) and begin that process,” he said. “We’ll know real soon how much (revenue) we’ve got to have.”

Norris Green, director of the Legislative Fiscal Office, told lawmakers Tuesday morning the General Fund is projected to have $290 million less in the next fiscal year, a decrease of about 15 percent.

However, Bentley is estimating the budget need is actually much higher because of millions owed to the federal government for Medicaid overpayments, money owed to the General Fund rainy day fund that must be repaid by 2020 and funds taken from education and transportation programs to prop up other government functions.Of course not all members of the Legislature are in favor of Bentley’s tax increases. State Sen. Bill Holtzclaw, R-Madison, attracted statewide attention last month when he rented electronic billboard space on University Drive to tell his constituents he would not let Bentley’s tax increases pass.

Greer, who — like Holtzclaw — is a member of the Limestone County legislative delegation, offered neither support nor criticism of the senator’s decision to publicize his opinion so publicly. He said he wasn’t surprised, however, that Holtzclaw’s gamble upset Gov. Bentley and officials with the Alabama Department of Transportation.

Following Holtzclaw’s announcement, ALDOT announced it would cancel several projects in Holtzclaw’s Senate districts, which includes Madison and Limestone counties.

“That highway money is scarce, and all of us are eager to get it,” Greer said.

In terms of constituent outrage over Bentley’s proposed tax hikes, Greer said he’s talked to many

Alabamians who are concerned over how they will be affected. He added the state is in dire need of more revenue, a fact that some just don’t understand.

“They just don’t realize the situation we’re in,” he said of constituents’ concerns. “If they studied my record, they’d find I’m fairly conservative. But the (state) constitution says we have to balance the budget.”

Another part of Bentley’s plan involves closing corporate tax loopholes long enjoyed by some companies. The governor projected an additional $20 million can be raised annually by requiring combined income reporting for corporations that do business in other states.

Greer said most of the businesses that would be affected by this aspect of Bentley’s plan are not large industries like Mercedes, Honda, Remington or the recently announced Polaris.

“Most of these are retail outlets we’d be looking at,” he said, adding that he’s optimistic the state’s industry-friendly climate will not change. “We certainly don’t want to run off any of our industries.”

Greer said it’s too early in the session to tell how his fellow lawmakers will react to Bentley’s proposals, a sentiment echoed by State Sen. Arthur Orr, R-Decatur.

Orr said lawmakers will have to decide whether they want to tackle the minimum shortfall or address the larger problem."It's too early to tell,” Orr told the Associated Press last week. “We don't have a clear read of what the general mood of the body is.”_____________Average Obamacare premiums and subsidies in Alabama: Wednesday's numbers to knowA report earlier today on AL.com showed how Alabamians are paying some of the lowest insurance costs in the nation under the Affordable Care Act.

The average subsidy is $266 per month, making the average monthly premium for those who signed up on the online insurance exchange $88 dollars. Residents in only five states - Mississippi, Georgia, Missouri, Florida and South Carolina - pay less on average,

There are some other numbers that are emerging as ACA, more commonly known as Obamacare, enters a new year. We're going to look at those in today's Numbers to Know. The figures come from the Department of Health and Human Resources.

171,641 - Number of Alabamians enrolled in the 2015 Health Insurance Marketplace Coverage.52 - Percent of enrollees who are new consumers who did not have coverage through the program last year.$344 - Average monthly health insurance premium under ACA before subsidies.$266 - Average monthly health insurance subsidy under ACA in Alabama, making the average cost for those who received a subsidy $88 a month.6 - Percent of all those who reenrolled who switched Marketplace plans from 2014 to 2015.The real question on all these numbers is this: Is Obamacare working? Even as Congress prepares for a fight to turn back some of the provisions, some are saying ACA is achieving what it was intended to do.

"Now statistics for the second year are largely in hand and the verdict is indisputable: Its disastrous 2013 rollout notwithstanding, the Affordable Care Act has achieved nearly all of its ambitious goals," Steven Rattner recently wrote for the New York Times.

_________________Here's why Alabama's prison reform bill isn't an 'unfunded mandate'

So Alabama's prison reform plan, the Justice Reinvestment Act, has been unveiled and introduced.

It's currently on hold in the Judiciary Committee, facing resistance from local sheriffs and county commissioners who see the reforms as "unfunded mandates."

Let's look at the unfunded mandate arguments and see whether they hold water:

If you keep people out of state prison by changing non-violent property and drug crimes to a lower level "Class D" felony, you just lock them up in county jails instead, shifting that cost to the county.

False. The bill does not "shift" Class D felons from prison to jail. In fact, the language creating that new class of non-violent felons simply takes state prison out of the sentencing options, instead emphasizing the option of a community correction program, said Andy Barbee with the Center for State Governments, which helped draft the bill. Yes, county jail would still be a sentencing option for judges, but only for offenses where it was already an option.

Bottom line, this shouldn't add prisoners to county jail that wouldn't already be sent there.

"It's removing prison from the options. It is not adding jail to those options," Barbee said. "Not a single felony offense class has been made into a misdemeanor. There is no one not currently eligible for (county) jail that would all the sudden become eligible for jail."

Hold on, though, the bill would send more offenders to community corrections programs, which are operated at the local level and will get stuck with the additional costs. There is no new money for them in the Justice Reinvestment Act, Senate Bill 67.

Technically true, but ultimately false. No, there is no money for community corrections programs or anything else in SB 67. But that bill contains only the policy changes, not funding, Barbee said. Sen. Cam Ward, R-Alabaster, and the Prison Reform Task Force are recommending more than doubling reimbursements to community corrections programs, increasing the budget from $5.5 million to $11.5 million.

Yes, the new money will have to be approved as part of the Legislature's overall budget, but the governor and the Senate leadership have committed to funding the Justice Reinvestment Act because they know bigger prison costs are down the road if they don't.

"The state is absolutely acknowledging that it is going to have to put resources into the communities for this to work," Barbee said.

Not only will the reimbursements for community corrections double, but the bill also calls for more than 100 new probation officers and staff at the local level, something that will also be funded through the appropriations process, Barbee said.

The 2-3 day "swift and sure" sentences for offenders on probation that miss a drug test or a meeting with a probation officer sends inmates to county jail instead of back to prison. That will increase costs for the local jails.

False. The "swift and sure" sentences do put probation violators in county jail, but for only a couple of days. In reality, probation violators often spend much longer in county jail, sometimes weeks or months if they can't make bond, waiting for a judge to decide whether to revoke their probation and send them back to prison, said Ward.

"Every state that we have looked at has shown that it doesn't overcrowd the jails. It's just not true," Ward said.

In North Carolina, which passed a Justice Reinvestment Act similar to Alabama's in 2011, the "swift and sure" local jails stays are called "quick dips," and have not created problems for local jails. George Pettigrew, Justice Reinvestment coordinator for the North Carolina Department of Corrections, said state officials made sure to implement those "quick dips" slowly and work with local sheriffs to make sure they didn't conflict with heavy court weeks and weekends with high jail census.

Aha! You keep bringing up North Carolina, but in North Carolina the Justice Reinvestment Act provided $40 per day to local jails to house the inmates that would have gone to prison before the act passed. In Alabama, local jails only get $1.75 per day to house state inmates.

Sorry, but that's apples to oranges. In North Carolina, the law prior to Justice Reinvestment allowed for some misdemeanor offenders to go to state prison. The state decided it no longer wanted to send misdemeanors to state prison, so it agreed to pay local jails $40 per day, plus transportation and medical expenses, to incarcerate them.

In Alabama, misdemeanor offenders don't go to prison, so state prisons won't be sending misdemeanor offenders back to the county level.

Where is the money coming from then? The state is facing a $250 million revenue shortfall.

It's understandable that local officials are nervous, especially when the state is desperately trying to fill massive budget holes but proposing a $35 million prison reform package.

"Anything they do is going to be an unfunded mandate, because they are broke," Madison County Sheriff Blake Dorning told AL.com this week.

Unfortunately, there is no time to fix one thing and then another. The Legislature has to either approve Gov. Bentley's tax package to pay for the state's needs, including prison reform, or find another way to fill the budget holes.

If the Justice Reinvestment Act doesn't pass, it's very likely the federal courts are coming to bring us their own, probably more costly solution to Alabama's prison overcrowding crisis.

_____________Hyundai plans to expand auto plant in MontgomeryHyundai Motor Co. plans to expand its $1.7 billion auto plant in Montgomery, according to media reports.

Reports from Reuters and Automotive News on Wednesday said unnamed persons familiar with the company's plans are in discussions with Alabama officials regarding plans to add a second assembly line at the Montgomery plant. They described those negotiations as being in their final phase.

Alabama and other states offer tax breaks and other incentives to new and expanding industries that bring new manufacturing jobs to the state.

The Hyundai Montgomery plant now builds the auto-

maker's Elantra compact and Sonata midsize sedans. It previously built the company's Santa Fe sport utility vehicle but transferred that production to the Kia auto plant in Georgia in 2010.

Unidentified sources said Hyundai is considering bringing the Santa Fe production back to Alabama and a South Korean auto analyst, Suh Sung-moon of Korea Investment and Securities, was quoted as saying Hyundai needs to build a second factory in the United States and that the factory likely would make the Tucson and a Hyundai pickup that is not sold in the United States.

Driving the potential expansion is an increase in demand for SUVs and a slowing demand for sedans.

Meanwhile, the Yonhap News Agency in South Korea is reporting that the expansion in Alabama would enable Hyundai to produce 300,000 vehicles annually. The second assembly line would start production in 2017.

A Hyundai spokesman told the news services that the company has “no plans at this stage” to increase production in the United States.

A major expansion of production by Hyundai in Montgomery could impact automotive suppliers across the state and Southeast by bringing additional business to them.

__________________AL House Approves "Truth In Salary Act” For Public Employees And EducatorsThe House of Representatives on Wednesday awarded its approval to the “Truth in Salary Act,” a measure sponsored by State Rep. Donnie Chesteen (R – Geneva) and designed to ensure that state government employees and education workers understand the full valueof their taxpayer-funded compensation packages.

The bill is part of the House Republican Caucus’s “Alabama First” legislative agenda.

“Responsible governing demands transparency and accountability and no one deserves to be fully informed more than our state employees and educators,” Chesteen said. “Just like workers in the private sector must know their company benefits, it’s important that public employees understand the considerable investments that taxpayers are making in their overall compensation.”

Chesteen noted that a new teacher who recently graduated from college earns a salary of $36,867, but when retirement, health insurance, and other benefits are factored in, the total compensation package reaches $54,011. He said such information is important for both employees and taxpayers to know.

Among the provisions included in House Bill 39 are:

• The “Truth in Salary Act” requires all state agencies, local boards of education, and postsecondary and higher educationinstitutions to provide their employees with an annual itemized benefit statement.

• The statement will detail an employee’s salary and wages, insurance, vacation, holidays, sick leave or personal days, and contributions towards retirement or pension benefits.

• The benefit statement will also include a summary of the total amount of taxpayer dollars the Legislature has invested in state employee and educator benefit programs the previous year.

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Not the life she expected: A family's place in Alabama's chicken industryKaren Smith has been raising chickens for almost 20 years, and she has a simple answer for why.

"I love it," she says, standing in her chicken house in Smith Institute, a community north of Gadsden. "I love it all. I can have the worst day in the world, and when I walk out here in this chicken house, I'm in my own little world. They don't talk back, and it's just a stress reliever for me."

Smith, 52, has had her share of stress recently. On April 29, 2014, an EF-3 tornado cut a swath of destruction through her community. Smith was huddled with her husband Bryan, her daughter and granddaughter in a closet early that morning.

When they came out, they discovered the storm had leveled two chicken houses on her property and two on her brother-in-law's property. Between them, they lost 50,000 chicks, which had been delivered just two weeks earlier.

Then, within a month, she had a stroke. Yet she is now back on the job. By January, she was at her remaining chicken house, delivering 24,000 fully-grown birds to Pilgrim's Pride.

"I've never been scared of hard work," she said. "It's time consuming. And it is hard. I got a new set of chickens the day I came home from the hospital."

Smith began helping her mother-in-law in 1995 raise birds, and then took over the total operation about four years ago.

A typical day

On a given morning, she steps through the door of the chicken house behind her family home and turns on the circulating fans and water, which are run through a central control panel.

She dips her shoes in the protective iodine solution to protect the chickens from disease, such as dermatitis, which can affect broilers in less than a day, or laryngotracheitis, a rapid-moving viral infection. A heavy ammonia smell fills the air once the doors open, as well as the sound of the growing birds moving and clucking. Then she walks among the birds, doing her chores.

When a batch of chicks is still relatively young, she will occasionally have to sift through and pick up the bodies of any chicks that have died in the night from being trampled. On one particular day in November, there were only three.

'I got a new set of chickens the day I came home from the hospital.' - Karen SmithIt usually takes about 53 days to raise a new flock of chickens, she said. A typical day involves about five to six trips to the house during the day to monitor the birds. Feeding and water are largely automated, and she operates on a schedule to make sure the birds are getting enough attention.

The chickens belong to Pilgrim's Pride, and Smith is contracted to grow them. Once a new flock arrives from nearby hatcheries in Cullman and Albertville, the chicks get a special kind of feed for the first two weeks that is grainy and easy to consume. Then they are supplied with a "grow feed" of larger pellets. Before they are fully grown, the feed will be substituted again. It comes from Pilgrim's, but the Smiths purchase it as part of their contract.

Temperature figures into the growth process as well. When the chicks arrive, the temperature in the house is about 92 degrees, and it steadily goes down as the birds get bigger. Maintaining those temperatures can translate into a $6,000 gas bill if the weather's right for just one flock of birds, she said.

The little things, the big things

And while the flock matures, there are the daily maintenance needs, and occasional equipment repairs. If any of the house's more than 100 light bulbs burns out, it must be replaced immediately. There are weekly inspections from the contracting company, and scheduled stops by exterminators to keep away rats.

"The big stuff is the easy part," Smith said. "Your biggest concern is how much little stuff you have to cope with."

Smith grows the birds for about 50 days. Big birds at the end of that time should reach between eight-and-a-half to nine pounds, while smaller birds should be between four to five pounds. If they haven't reached that size, they may stay another week.

Once the birds are shipped out, it's time to clean everything up. Ventilation fans must be washed, water lines checked, and the living area for the birds given a thorough cleaning. Air systems are looked over, and the automated systems are checked out.

And then, within a week to three weeks, the process starts all over again. The Smiths can raise up to a quarter of a million chickens in one year.

But currently, Smith isn't raising any chickens. After the storm, she noticed a significant lean in her remaining chicken house which is currently being repaired. Work started when she delivered her latest

batch of birds in January. Then, when workers finish rebuilding her brother-in-law's houses and installing equipment, they can begin rebuilding the one she lost last year. She hopes to be back up to full capacity by early next year.

It's not the life she would have expected for herself, Smith said. She was raised in the restaurant business, she said, and spent part of her childhood in the kitchen.

"That's why I don't like eating chicken," she said.______________U.S. Supreme Court ruling could eliminate ACA subsidies for 230K AlabamiansMore than 230,000 Alabama residents enrolled on the Affordable Care Act Health Insurance

Marketplace could lose their subsidies if the U.S. Supreme Court rules against the subsidies.

Plaintiffs in King v. Burwell contend that subsidies provided by the federal government shouldn't be available to the residents of 37 states, including Alabama, that are covered on federal exchanges due to a provision in the Affordable Care Act that states subsidies are available through an exchange established by states.

The vast majority of those enrolled in Alabama are eligible for federal subsides, which average $266 per month.

According to the U.S. Department of Health and Human Services, during the first enrollment period in Alabama around 85 percent of the 90,000 that enrolled were eligible for subsidies. During the second enrollment period, 90 percent of the 170,000 that enrolled were also eligible.

Our company's Washington Bureau Chief, Kent Hoover, reports that a ruling in favor of the plaintiffs would increase the cost of insurance on the federal exchange by 47 percent and make health care unaffordable for 8 million Americans.

As Hoover notes, invalidating subsidies on federal exchanges also would affect businesses in states like Alabama that don't operate their own exchanges. They would no longer be subject to employer mandate penalties because that fine is triggered if any of their employees purchases government-subsidized coverage on an exchange.

The Supreme Court heard oral arguments last week, but no date has been set for a ruling.

________________

Ala. senator enlists Navy SEAL to equip local men to ‘become the leaders God created them to be’Alabama Sen. Paul Bussman (R-Cullman) sees a worrisome trend in society of men “disappearing” and not fulfilling their role as leaders of their homes and communities, and he’s decided to do something about it.

Bussman has organized a free conference for boys and men, ages 10 and up, and hopes the speakers he’s enlisted — including a Navy SEAL and other published authors — will help empower attendees to “be the men that God has created them to be.”

“Over the last couple of years I’ve seen high statistics that say men are disappearing: not entering the work force, not applying for college or vocational schools,” Bussman explained. “As a whole, they are not staying with their families and raising their children. Where are they and what are they doing?

“We as a community have to do something to reverse this trend,” he continued. “Encourage men to become the leaders that they are supposed to be by re-engaging them in the community and re-engaging them in the work force. Empower them to understand how important their role is in society. Arm them with the tools needed to become successful in life.”

Organizers say the event will provide tools to guide men in the local community as they walk through the struggles of daily life, as well as give them a support group to lean on moving forward.

“As husbands, fathers and men, we all make mistakes, but we cannot let past mistakes keep us from moving forward and being a positive influence for the young men around us,” said Bussman, who was elected to a second term in the Alabama Senate last year.

Speakers highlighting the event include former Navy SEAL Chad Williams, Lead Pastor from Daystar Church Jerry Lawson and founder and director of Big Oak Ranch John Croyle.

The “Unique Male boys/men’s conference” will take place Saturday, March 21, from 8:30 am – 12 noon, at Loft 212, 212 4th Street SW, Cullman, Ala., 35055.

Info provided by the event organizers on the speakers can be found below:

Chad WilliamsA regular guest on Fox News Channel, CNN News Room, Anderson Cooper 360 and more; Chad learned first-hand how precious and costly freedom is as he turned on a television one day to see footage of his friend and mentor, U.S. Navy SEAL Scott Helvenston viciously murdered and mutilated as he was

dragged through the streets of Fallujah, Iraq and hung upside-down from the Euphrates River Bridge while an angry Iraqi mob repeatedly chanted in Arabic, “Fallujah is the graveyard of Americans.”

Steeled in his resolve, Chad followed in Scott’s footsteps and completed the US military’s most difficult and grueling training to become a Navy SEAL. One of only 13 from a class of 173 to make it; as a Navy SEAL, Chad served his country proudly on SEAL Teams One and Seven through multiple tours of duty.

Jerry LawsonJerry is the founder and Lead Pastor of Daystar Church in Cullman, AL where he resides with his wife, Leslie, two girls and a son. They found their destiny when they launched Daystar Church, along with about 100 other people. Since that small beginning, the church has grown into a large, multi-site church serving communities across North Alabama. Nothing gives Jerry more joy than seeing what Jesus can do for people who have lost all hope.

John CroyleJohn was a defensive end for the University of Alabama’s 1973 National Championship football team, playing for the legendary Coach Paul “Bear” Bryant. At 19, John felt he had been given a gift to work with young people. His dream was to have the best children’s home in America. On the advice of Coach Bryant, John declined opportunities for professional football to pursue his dream of helping children in need. Since 1974, more than 1,800 children have called Big Oak Ranch home.

In addition to his work on-site at the Ranch, John speaks across the Southeast at 75+/- events annually. Audiences range from corporate, motivational events to Christian-based organizations. Having learned a lifetime of lessons helping raise more than 1,800 children, John’s vision is to help people everywhere be better parents.

All speakers are published authors.

Note: For additional information on the conference or the speakers, please contact Holly Bussman at (256) 338-9083.

__________________Why firing squads might become more common in the U.S.The Utah legislature approved a bill Tuesday that would legalize firing squads as an execution method if the drugs used in a lethal injection couldn't be obtained. Should the bill be signed by Gov. Gary Herbert (R), Utah would be one of two states where firing squads are legal. But that's a number that could grow in the coming months due to questions surrounding lethal injection and the ongoing shortages in the drugs used to do it.

In 1878, the U.S. Supreme Court found execution by firing squad was not cruel and unusual punishment. But that method of execution is still very rare and has only been recently legal in Western states, the National Conference of State Legislatures found. Oklahoma allows firing squads if lethal injection and electrocution are found unconstitutional, according to the Death Penalty Information Center. Three people have been killed by firing squad since 1976.

Lethal injection is the most popular execution method, legal in 34 states, authorized by the U.S. government and military, and responsible for 1,227 executions in the past four decades. But there are sometimes problems obtaining the drugs used in the injection, which is why lawmakers in Utah pushed for the firing-squad alternative.

As our Mark Berman noted, states that use lethal injection have faced shortages after several European companies that produce the drugs used in the injections stopped selling them to the United States over opposition to the death penalty. In Ohio, that led to the drawn-out 25-minute execution of Dennis McGuire because an untested combination of drugs was used.

Because of that, states such as Wyoming, Missouri and Virginia are looking into legalizing alternatives. Should other states move forward with firing squads or other execution methods, there's evidence to suggest many voters would be okay with it. According to Gallup, 63 percent of U.S. residents are in favor of the death penalty. Since 1967, Americans have consistently been in favor of the death penalty, although support has been dropping since the '80s, when it reached a high of 80 percent support.

Not surprisingly, when you ask people about specific methods of execution -- including by firing squad -- support ebbs somewhat. Lethal injection is seen as the most humane form of execution, according to a 2014 Gallup poll, while support for other methods varies. This from May 2014:

One in three people say that if lethal injections are no longer viable — because of drug shortages or other problems — executions should be stopped altogether, according to the survey of 800 adults by Hart Research and Public Opinion Strategies for NBC News. But many others are open to more primitive methods of putting prisoners to death: 20 percent for the gas chamber, 18 percent for the electric chair, 12 percent for firing squad and 8 percent for hanging.

Still, the problems surrounding lethal injection do collide broadly with the support for the death penalty. The question is whether firing squads will ever be seen as a viable alternative outside a handful of states.

_______________

Report: Alabama investigating possible elder abuse in connection with Harper Lee’s new novelThe news last month that Harper Lee would be publishing a second book was met with a brief blip of exultation followed by skepticism from fans of “To Kill a Mockingbird.” Why would the 88-year-old author, a woman so publicity-averse she once compared herself to the reclusive Boo Radley from her novel, have agreed to the publication of a “Mockingbird” predecessor she tabled more than 50 years ago?

Many concluded that Lee, who resides in an assisted-living facility and is said to be in declining health, could not have knowingly consented to a new novel, entitled “Go Set a Watchman.”

Gregory Peck's portrayal of Atticus Finch has become as celebrated as the book "To Kill a Mockingbird." But what about Lennie in "Of Mice and Men"? PostTV takes a look at some cinematic takes on your required high school reading. (The Washington Post)Now, the New York Times reported Wednesday night, at least one complaint about potential elder abuse has been filed and Alabama state officials are investigating the claims.

The Times report said investigators for the state’s Human Resources Department and the Alabama Securities Commission, tasked with preventing financial fraud against the elderly, interviewed Lee last month. They also spoke to employees of the facility where she lives as well as several friends.

Writer Marja Mills, whose book “The Mockingbird Next Door: Life With Harper Lee” chronicles the 18 months she spent living next to Lee and her elder sister Alice, said she was among those interviewed. The printing of Mills’s memoir was something of a controversial saga in its own right — Mills, Harper Lee, and Lee’s attorney Tonya Carter got into a bitter argument about whether the book had been written with Lee’s consent.

This year, in her meeting with Alabama investigators, Mills shared a transcript of what she said was a 2010 conversation with Alice Lee discussing the author’s cognizance.

“[Harper] doesn’t know from minute to the other what she’s told anybody,” Alice said, according to the transcript. “She’s surprised at anything she hears because she doesn’t remember anything that’s ever been said about it.”

Speaking with The Washington Post last month, Mills expressed doubts about Lee’s mental state.

“My feeling is that Alice’s statement in Alice’s words is a pretty concise snapshot of what the concerns are,” she said. ” From what I’ve heard, [Harper Lee] can sound okay in conversation but not remember that somebody has come to see her the day before.”

Mills added she had concerns about Carter, who clashed with Mills over “The Mockingbird Next Door” and who has been one of the only sources of statements from about Lee regarding the discovery of “Watchman.”

Investigators also reportedly spoke with Marcella Harrington, an aide paid by Carter, according to the Times. They wanted to know whether the author could recognize friends and was receiving quality care. Harrington told them that the author is lucid and aware of the new book.

Asked by a reporter whether Lee is mentally alert, Harrington replied, “As far as I know, she is.”

Both Carter and Lee’s publisher dismissed claims that the author was not mentally capable of authorizing the new book’s publication. And in a statement issued through Carter, Lee said she was “alive and kicking and happy as hell with the reactions of Watchman.”

But a doctor who said he filed an anonymous complaint that may have prompted the investigation was unconvinced. Though he has not treated Lee, he has known the author for years, according to the Times, and was concerned by reports of the author’s frailty.

Speaking on condition of anonymity because of the divisive nature of the issue, he told the Times that he called Alabama’s adult protective services hotline, asking for an investigation as to whether Lee was capable of fully consenting to the new novel’s publication.

Human Resources Department spokesman Barry Spear told the Times that abuse inquiries are confidential and he could not comment on any investigation.

So far, Lee has not spoken directly to reporters about the new novel or answered questions about her mental ability. The closest she’s come is a two-word statement she gave after receiving a letter from Birmingham News reporter Connor Sheets last week: “Go away!”