Bentley calls special session to address redistricting

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Everyone expected a special session to begin today, but Gov. Robert Bentley literally waited until the last minute of the regular legislative session late Wednesday night to let legislators know he was calling them back for the special session to begin later this morning.

Gov. Robert Bentley

The special session, called to handle the bitter process of redrawing the lines for the districts that lawmakers represent, will begin at 9 a.m. today. It was unclear if lawmakers would handle any other issues during the special session.

Legislators had already planned meetings today about the redistricting plans including committee meetings and a public hearing, which is at 11 a.m. in the auditorium at the Capitol.

At 11:59 p.m., House Speaker Mike Hubbard told House members that they had not received the official declaration of a special session, but just then a top staffer for Bentley delivered a document to the floor. The regular session ended at midnight.

Last week, the cochairmen overseeing the Permanent Legislative Committee on Reapportionment first passed out the maps they proposed for the 105 districts in the House of Representatives and the 35 districts in the Senate.

Republicans took control of the Legislature from Democrats in the 2010 election for the first time in more than a century and this is the first time in recent history that Republicans have drawn the districts. Lawmakers must redraw the districts every 10 years following the Census to reflect population shifts.

Some Democrats have argued that the Republicans targeted white Democrats with how they redrew the districts, placing Rep. Joe Hubbard of Montgomery into a predominantly black district with Rep. John Knight. Hubbard said the proposed House map splits multiple Montgomery neighborhoods into separate districts, at least one of which is anchored in another county. The House chairman, Rep. Jim McClendon, proposed moving District 73, which is currently represented by Hubbard, to Shelby County, the fastest growing county in the state.

Also, McClendon proposed moving a majority black district out of Jefferson County, combining two current Democratic lawmakers if they run again in 2014, and moved it to Madison County.

The Senate proposal includes moving Sen. Marc Keahey, a white Democrat from Grove Hill, into the district of Sen. Hank Sanders, D-Selma.

Republican leaders said they did not target any members and that they were not political, but had to follow federal law and deal with population shifts.

Lawmakers, to follow federal law, must maintain districts that ensure minority representation. Many of those districts lost residents, forcing the lawmakers to pull residents from other areas to keep the majority minority districts.

– posted by Sebastian Kitchen

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Alabama Legislature approves General Fund budget

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The Alabama Legislature approved the 2013 General Fund budget with minutes to go Wednesday night.

In a flurry of activity Wednesday evening, the Alabama Legislature passed a lean General Fund budget that counts on a special session and an election to get all its funding.

The final version of the General Fund budget appeared on the floor of the House of Representatives at 11 p.m. Wednesday, an hour before the adjournment of the 2012 Regular Session.  The House approved the measure 77 to 28.  The Senate approved it  about 45 minutes later on a 29 to 6 vote.

Prior to those votes, both chambers approved a constitutional amendment that, if approved by voters, would authorize the transfer of $145.8 million to the General Fund from the Alabama Trust Fund over the next three fiscal years.

Voters would have to approve the constitutional amendment during municipal elections Sept. 18.

The budget faced an overall cut of over $327 million from the current year.  That deficit was initially projected to appear in the Alabama Medicaid Agency, the largest single expenditure in the General Fund, and officials at the agency warned that slashing the agency’s budget would reduce health care access around the state and possibly lead to a federal lawsuit.   Gov. Robert Bentley threatened to veto any General Fund budget with less than $602 million for Medicaid.

Senators last week voted to take money out of the Department of Corrections to plug the deficit there.  In the original plan, Corrections would get the added revenue from the approved constitutional amendment.

The budget will also lean on proposal expected in the upcoming special session to move 25 percent of the state’s use tax into the state’s General Fund, along with funding for the Children’s Health Insurance Program (CHIP) and Children’s Youth Services.  The moves in total were projected to bring a net of $30 million to the General Fund.

– posted by Brian Lyman

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Senate-approved General Fund moves deficit from Medicaid to Corrections

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Senate President Pro Tem Del Marsh, R-Anniston

The Senate Thursday evening approved the state’s General Fund budget after adding an amendment moving hundreds of millions of dollars from the Department of Corrections to the Alabama Medicaid Agency.

The budget passed 21 to 10. It is all but certain to go a conference committee Wednesday, the final day of the 2012 Regular Session.

With conditional appropriations removed, the 2013 General Fund budget is $327.8 million less than the current, prorated 2012 budget, a cut of 18.9 percent. The cuts will likely lead to job reductions and possibly layoffs, although the extent of those is not clear.

As passed out of committee, lawmakers counted on voters approving a constitutional amendment that would move $184 million out of the Alabama Trust Fund into the General Fund to make up a Medicaid deficit of nearly $200 million. However, an amendment to the budget sponsored by Sen. Roger Bedford, D-Russellville, would shift that deficit from Medicaid to Corrections, which would then get ATF money if voters approved the constitutional amendment.

“Tonight we decided to change direction,” Bedford said after the vote. “It’s a bipartisan effort, because we need to see Alabama’s seniors and children are protected.”

The constitutional amendment is one-time money, and Senate President Pro Tem Del Marsh, R-Anniston, said the state needed to look at a long-term solution for the General Fund.

“Every proposal to fix it this year and next year is short-term fixes,” he said. “I would really like us to sit down and get serious about what it’s going to take to sustain the General Fund going forward.”

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Alabama immigration law: Sponsors split over changes

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Sen. Scott Beason, R-Gardendale

Rep. Micky Hammon, R-Decatur

The Alabama Senate Thursday delayed consideration of changes to the state’s controversial immigration law, as the sponsors of the statute divided over provisions dealing with business transactions.

Derek Trotter, a spokesman for Senate President Pro Tem Del Marsh, R-Anniston, said the Senate planned to bring up the changes to the law, known as HB 56, on Wednesday morning.

“Based on the Legislature’s consitutitonal requirement to address the budgets, they felt it was important to take those up,” he said.

Trotter said he could not comment on the role the divide between Sen. Scott Beason, R-Gardendale and Rep. Micky Hammon, R-Decatur, played in the delay.

The split between the  lawmakers, who sponsored HB 56 last year, developed over a section of the law providing noncriminal penalties to businesses that knowingly hire undocumented aliens. Beason said Thursday he wants to retain the original wording of the law imposing the sanctions, a move opposed by Hammon and the Business Council of Alabama.

Section 15 of the law provides a list of penalties a business could face for violations, up to and including revocation of their business licenses. Hammon has pushed for changes that provide for more flexibility in imposing those penalties.

Beason, however, said he wanted to keep the section as it is, saying federal courts that have let it stand through legal challenges to HB 56.

“I do not want to put both employer sections at risk,” Beason said. “You change one, you change both, and both end up embroiled in court for a few years.”

The move came as a surprise to Hammon, who had been working with Beason on a substitute to revise the law. Hammon offered changes to the legislation last month the altered or revised most sections of the law. Some of those changes would bring the statute in compliance with federal court decisions.

“We’ve been in negotiations for about a week, and we’ve been making progress,” Hammon said. “I felt like we had a pretty good product, but it appears politics is playing into this now, rather than what’s best for people of Alabama.”

Beason acknowledged he had spoken with Kansas Secretary of State Kris Kobach, who has pushed immigration laws around the country and had a large hand in drafting Alabama’s law.

The BCA supported Hammon’s changes to the law. Bill Canary, president and CEO of BCA, declined immediate comment Thursday on the negotiations.

“Stay tuned,” he said.

If the Senate approves the changes Wednesday, the bill with changes will have to be approved by the House.  If the House nonconcurs in the Senate’s changes, a conference committee would have to resolve the changes in time for both chambers to approve; Wednesday is expected to be the last day of the 2012 Regular Session.

– posted by Brian Lyman

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Lawmakers blame special interests for killing charter schools

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The sponsor of proposed charter school legislation, a top priority for Republican lawmakers and Gov. Robert Bentley, said on Thursday that he felt like he was attending a funeral as he talked about the demise of the proposal.

A legislative panel decided on Thursday to drop efforts to move forward with charter school and school flexibility legislation for this year.

Rep. Phil Williams, R-Huntsville

Rep. Phil Williams, R-Huntsville, encouraged the House committee that dealt with the issue to carry it over, effectively killing it for this legislative session with only one working day left, because of his concerns with the Senate version of the bill.

Williams blamed special interests, including the Alabama Education Association and the Alabama Association of School Boards, for killing the legislation. He blamed the opponents for spreading false information about the proposal.

“If we’re being blamed for being a stumbling block against bad public policy, so be it,” said Henry Mabry, executive secretary of the Alabama Education Association.

Mabry said there was bipartisan opposition to the legislation.

“We cannot have our public schools torn apart,” he said.

Williams, a strong proponent of charter schools and sponsor of the legislation, said the children and parents in persistently failing schools deserve an option.

Williams and a spokesman for House Speaker Mike Hubbard, R-Auburn, said they did not support the version passed by the Senate, which they said did not allow for charter schools. The Senate version would have limited charter schools to Montgomery, Mobile, Huntsville and Birmingham with local lawmakers having to approve the charter schools in that county, and there would only be 20 allowed in the state. The Senate-approved legislation also would have allowed the state superintendent of education to take over failing schools if local officials did not address those schools and prohibited for-profit companies from operating the charter schools in the state.

The House committee that deals with the education budget declined to take up the Senate version on Thursday. The House never brought up the version that the House committee approved.

Sen. Dick Brewbaker, R-Pike Road, the Senate sponsor of the legislation, told the committee that it would not hurt his feelings if the members killed the bill and said there was not broad support in the Senate for charter schools. He said there is support for a pilot program.

Sen. Dick Brewbaker, R-Pike Road

Brewbaker said the state needs to take action to help the 58 persistently low-performing schools in the state, which includes five schools in Montgomery County.

“Most of these schools have been failing for a long time,” Brewbaker said. “ … These kids deserve some help from the state.”

Rep. Jay Love, chairman of the House education budget committee, and Williams said there is now a better understanding of charter schools, which are public schools that have a charter that exempts the school from some regulations, but requires that the school meet certain standards. The charter can be revoked if the school does not reach those goals within five years.

Mabry and other opponents of the legislation said it would take money from already underfunded public schools.

Love and Williams vowed to continue to work on education reform.

– posted by Sebastian Kitchen

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Education Trust Fund budget approved by House

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The House of Representatives approved the 2013 Education Trust Fund budget 83 to 18 Thursday.

The House of Representatives Thursday approved an Education Trust Fund budget that cuts $141 million out of the budget and would lead to an overall reduction of 504 teaching positions in the system next year.

Lawmakers approved the budget, which goes into effect Oct. 1, on an 83 to 18 vote.

The losses under the budget would be met through attrition,according to education officials.

The approved budget represents an overall reduction of 2.5 percent in state funding.  K-12 funding would be reduced 2.56 percent and higher education would be reduced 3.29 percent.

The budget will need approval from the Senate.  If the Senate does not concur, the ETF will go into conference committee.

– posted by Brian Lyman

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Gay lawmaker thrilled with Obama support

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The only openly gay state lawmaker in Alabama said she is “thrilled to death” that President Barack Obama announced his support for gay marriage.

Rep. Patricia Todd, D-Birmingham, said the president’s support brings the issue one step closer to allowing her to marry “the person I love.” She said she plans to legally marry her partner in Massachusetts next year, but said that would not be recognized in Alabama.

Rep. Patricia Todd, D-Birmingham

Todd does expect civil unions, which she said is the key issue, to become legal in Alabama, but probably because of a future ruling by the U.S. Supreme Court. She said Alabama did not move forward with civil rights and women’s rights without intervention from the U.S. Supreme Court. Todd acknowledged there is a “long way to go in Alabama.”

“We’re going to get there sooner or later. I hope it’s sooner,” she said. “ … I absolutely know this will happen in Alabama.”

She said gay couples should be able to have the same “contract for life” as other couples – “nothing more. Nothing less.” Todd said that she and her partner have joint accounts and that, during tax season, dealing with taxes was an “excruciating process.”

Todd said her relationship with her partner does not affect anybody else’s relationship.

“I have never gotten that,” she said.

Todd said she has never said that churches should be forced to marry gay couples.

She said there has been progress, with polling indicating that more people approve of gay marriage.

“Now, the majority of people in this country support our right to marry,” Todd said.

– posted by Sebastian Kitchen

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Alabama immigration law repeal defeated by Senate

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A little girl strums a toy guitar at a rally against Alabama's immigration law on May 1, 2012. (Montgomery Advertiser, Brian Lyman)

The Alabama Senate turned back an effort Wednesday night to repeal the state’s controversial immigration law, known as HB 56.

The chamber voted 20 to 14 to reject a proposal from Sen. Billy Beasley, D-Clayton, that would have substituted a bill changing the law with language repealing HB 56.   Beasley was one of a handful of senators who voted no on the final version of the law last year.

Sens. Gerald Dial, R-Lineville and Harri Anne Smith, I-Slocomb, joined 12 Democrats in voting for repeal.  20 Republicans voted against Beasley’s measure.

“I thought it was an unjust law, I thought it was a punitive law and I thought it was a law that was unnecessary,” Beasley told senators Wednesday. “Immigration laws should be enforced by laws passed by the US Congress.”

The final vote was a better result for opponents than last year’s vote, when HB 56 passed the Senate 25 to 7.

No supporters of the immigration law spoke on Beasley’s proposal.  Supporters of repeal frequently invoked Alabama’s segregationist past in calling for removal of the law.

“This has become a symbol of racial prejudice,” said Sen. Roger Bedford, D-Russellville.  “It’s hurting us with economic development.  It brings us back to the days of Bull Connor, with the marches and the dogs.”

Beasley said Senate President Pro Tem Del Marsh, R-Anniston, gave him a commitment “several days ago” to submit his repeal motion to an up or down vote. Legislation sponsored by Beasley that would have repealed HB 56 got a public hearing last month, but never came to a committee vote.

“Repeal is not a popular option,” Marsh said. “I believe people by and large support the immigration law. I do think there’s room for changes to make the law more effective, and more practical.”

The Senate is expected to take up changes to the law in a substitute carried by Sen. Scott Beason, R-Gardendale.  Beason’s substitute would retain the state’s controversial “reasonable suspicion” provision, allowing law enforcement to check the status of those they believe may be in the country unlawfully.

The changes would also retain another provision, enjoined by federal courts, requiring schools to collect information on the immigration status of students. A provision banning undocumented aliens from renting property would also be retained, with some modifications.

All three were either removed or substantially modified in earlier revision bills.

“I have made changes in good faith,” Beason said. “I’ve always said there were misconceptions and misapplications of the law. I wanted to address that. It’s up to the Senate to decide.”

Marsh said he did not expect a vote on the legislation tonight.

– posted by Brian Lyman

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Debate begins over Alabama immigration law changes

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A little girl strums a toy guitar at a rally against Alabama's immigration law on May 1, 2012. (Montgomery Advertiser, Brian Lyman)

After weeks of debate and protest outside the State House, the Alabama Senate took up proposed changes to the state’s controversial immigration law Wednesday afternoon.

A vote on the changes was not expected Wednesday. Under an agreement between Democrats and Republicans, Sen. Billy Beasley, D-Clayton, offered a substitute that would repeal the law, known as HB 56, before Sen. Scott Beason, R-Gardendale, offered a substitute that changed the law without repealing it. Beasley voted against the final version of HB 56 last year.

“I thought it was unjust law, I thought it was punitive law and I thought it was a law that was unnecessary,” Beasley told senators Wednesday. “Immigration laws should be enforced by laws passed by the US Congress.”

The repeal motion failed on a 20 to 14 vote, a siginficantly better result for opponents than last year’s final vote on HB 56, which passed 25 to 7.

Beasley said Senate President Pro Tem Del Marsh, R-Anniston, gave him a commitment “several days ago” to submit his repeal motion to an up or down vote. Legislation sponsored by Beasley that would have repealed HB 56 got a public hearing last month, but never came to a committee vote.

“Repeal is not a popular option,” Marsh said. “I believe people by and large support the immigration law. I do think there’s room for changes to make the law more effective, and more practical.”

Beason’s substitute would retain the state’s controversial “reasonable suspicion” provision, allowing law enforcement to check the status of those they believe may be in the country unlawfully. The changes would also retain another provision, enjoined by federal courts, requiring schools to collect information on the immigration status of students. A provision banning undocumented aliens from renting property would also be retained, with some modifications.

All three were either removed or substantially modified in earlier revision bills.

“I have made changes in good faith,” Beason said. “I’ve always said there were misconceptions and misapplications of the law. I wanted to address that. It’s up to the Senate to decide.”

Beason and Rep. Micky Hammon, R-Decatur, who sponsored the law last year, each introduced separate bills last month that modified the law. The men have been negotiating changes to the law over the past week.

The House of Representatives approved Hammon’s changes on April 19. Among other measures, Hammon’s bill gave judges some flexibility in imposing penalties on businesses hiring undocumented aliens and substantially revised a section requiring schools to collect data on students’ immigration status. Hammon’s revisions on penalties were retained in the bill.

Protesters who staged a sit-down protest last Thursday over the law gathered near the Senate chamber Wednesday afternoon. Salvadore Cervantes, a Montgomery resident who participated in last week’s protest, said he still held out hope for repealing HB 56, an option that has been ruled out by Gov. Robert Bentley and GOP leaders.

“We really want to stop the pain of Alabama,” said Cervantes, a Mexican immigrant and U.S. citizen. “It’s very painful, not only for the immigrant community, but for all people in Alabama.”

Opponents of HB 56 have rejected changes to the law, and suggest they could lead to new lawsuits against the state. The U.S. Justice Department and a coalition of individuals and civil rights groups have sued the state over the law, saying it violates federal immigration regulations and promotes racial profiling.

If the Senate approves the changes, the bill will have to go back to the House for concurrence; if the House does not agree to the changes, the bill will go into a conference committee.

– posted by Brian Lyman  (Corrected at 5:40; protesters not affiliated with Alabama Coalition for Immigrant Justice.  Updated at 6:24 with vote on repeal.)

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Proposal combines state lawmakers into same district

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Lawmakers overseeing the redrawing of legislative districts are proposing moving a Montgomery district to Shelby County, combining two Montgomery lawmakers into one district.

They proposed a map that moves District 73 in the House of Representatives, which currently includes much of central Montgomery and is represented by Rep. Joe Hubbard, to Shelby County, which is south of Birmingham.

Hubbard was placed into District 77, a predominantly black district represented by Rep. John Knight, D-Montgomery.

Proposed House districts in Autauga, Elmore and Montgomery counties

Hubbard believes, as a white Democrat, that he was the target of a political attack. He said he has not decided what he would do in 2014, when his term ends and when he would have to run in the new district.

The two lawmakers overseeing the legislative redistricting process introduced maps of the House and Senate to the Permanent Legislative Committee on Reapportionment on Wednesday.

Rep. Jim McClendon, the co-chairman of the committee, dismissed any arguments that the actions were politically motivated and said they did not target any one. He said their goal is to adjust the districts based on shifts in population.

McClendon, R-Springville, said that the Republican majority, which is redrawing the districts for the first time since taking control of the Legislature in November 2010 for the first time in more than 130 years, has been fairer in drawing districts than Democrats were 10 years ago. He said Democrats combined more incumbents.

McClendon did say that he expects the new District 73, which he said was moved because of shifts in population in Montgomery and because Shelby County is the fastest growing county in the state, to become a Republican district. Republicans already have a supermajority in the House and Senate.

Every 10 years, following the Census, state lawmakers must redraw the legislative districts based on the new population numbers.

The three majority-minority districts in Montgomery, including Knight’s, needed to gain thousands of residents and Hubbard is just blocks from Knight’s district.

Hubbard said the move was not unexpected, but said he showed several maps to the committee and met with McClendon to indicate that there were other options.

McClendon and his cochairman, Sen. Gerald Dial, had staff pass out maps of the proposed districts, which will likely be addressed in a special session that is expected to begin next week. But, those maps were small, making it difficult to view the districts, especially in more populated metropolitan areas. And they said electronic copies were not available yet.

So, viewing the details of the districts is difficult.

Dial, D-Lineville, said the Senate maps do not combine any incumbents.

In the Senate proposal, District 25 that includes portions of Montgomery and Elmore counties was expanded to include part of Crenshaw County. Sen. Dick Brewbaker, R-Pike Road, currently represents that district.

Also, Dial’s proposed Senate map removes Lowndes, Butler, Crenshaw and Pike counties from District 30, which also includes Autauga and Elmore counties and is represented by Sen. Bryan Taylor, R-Prattville. The proposal adds Coosa and Chilton counties to that district.

– posted by Sebastian Kitchen

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