Hundreds rally against proposed cuts to Department of Mental Health

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The Clarke County Arc of Alabama serves 17 people in their homes.  But Terry Pezent, executive director of the Clarke County Arc, said budget cuts would wipe out that program, and many others.

“That’s the scary part about this,” Pezent said outside the Alabama State House Wednesday morning.  “Clarke County is a rural area, at the southern end of the Black Belt.  There aren’t a lot of options for employment or those things.  We’re kind of nervous about how things are looking in our area.”

Pezent and a crowd of 300 to 400 people rallied outside the State House Wednesday morning urging the Legislature not to make any deep cuts to the Alabama Department of Mental Health, saying it could endanger needed services. 

“We can’t afford to lose this,” said Matthew Grafton, a client of the Jackson County ARC who has cerebral palsy.  Grafton credited the program’s services with allowing him to live independently.  “I say to the people who want to cut this, shame on you.  We need this.”

Gov. Robert Bentley’s proposed 2013 budget would cut state funding for Mental Health from $116.3 million to $104.6 million.  Commissioner Zelia Baugh has proposed responding to the shortfall by closing several hospitals around the state, laying 948 employees off and moving more clients into community-based service programs.  The Departmet says that will make the department eligible for more federal matching grants.

“There’s no more bone or bone marrow to cut,” Baugh told supporters at the rally.  “We have to look at what is viable for us as an agency, to infuse $30 million into community programs.”

Those at the rally supported Baugh’s proposal. 

“That gives us opportunities to look at different programs or alternative programs to accommodate people leaving those facilities,” said Tammie McCurry, executive director of HRDI in Montgomery, which runs group homes in Montgomery and Dothan.  “It gives those individuals another opportunity to be in community-based program.”

Mental Health was scheduled to make a presentation before budget committee members Wednesday afternoon.

– posted by Brian Lyman

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Senate narrowly approves Gourmet Bottle Bill

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Sen. Paul Sanford, R-Huntsville

The Senate narrowly approved a bill Tuesday night that allows the sale of larger containers of beer in the state.

The legislation, sponsored by Sen. Paul Sanford, R-Huntsville, would increase the maximum size of beer sold in the state from 16 ounces to 25.4.

Free the Hops, a group that has successfully lobbied for changes to the state’s alcohol laws, says the legislation will allow the sale of more imported beers in Alabama, many of which are packaged in 22 to 25.4 ounce containers.

The vote was 14 to 13. The legislation now moves on to the House of Representatives.

– posted by Brian Lyman

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House approves ban on texting-while-driving

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Drivers would be banned from writing, reading or sending text messages while driving under a bill passed Tuesday by the Alabama House of Representatives.

The legislation, sponsored by Rep. Jim McClendon, R-Springville, passed 92-0.  Drivers found guilty of a first offense under the bill would be fined $25.  A second offense would bring a $50 fine, and subsequent offenses would carry $75 fines.   In addition, a driver would have two points put on their license for each violation.

“It’s very simple: No texting and driving in Alabama,” McClendon said.  “That’s what the bill is about.”

The House of Representatives approved a similar bill in last year’s Regular Session, but it never came to a vote in the Senate. 

According to the National Highway Traffic Safety Administration (NHTSA), 5,474 drivers were killed by distracted drivers nationwide in 2009. 

“It’s somewhat appalling now when you get to a traffic light and look at the activity going on in the car next to you,” said Rep. Randy Davis, R-Daphne.  “We’ve lost a number of students in our community to texting, and I appreciate you bringing this one more time.”

Alabama currently bans cell phone use and texting for newly-licensed teen drivers, but does not currently have a ban on either activity by adults.  Some representatives, including Darrio Melton, D-Selma, wanted to amend the bill to ban the use of cell phones while driving.

“Talking on the phone is just as distracting, and we don’t know if they’re dialing numbers or texting numbers,” Melton said.

McClendon said he did not disagree with the idea, but said it should be covered in a separate piece of legislation.

Rep. Marcel Black, D-Tuscumbia, supported the bill but questioned whether it could be enforced.

“You see people texting and keeping their eye on the road,” he said.  “If they want to conceal it, they’ll put (the phone) in their lap and look down, and they’ll be distracted from road.”

Rep. Demetrius Newton, D-Birmingham, said he felt the bill needed to be strengthened. 

“You’re talking about three times, and that person is only fined $75,” he said.  “We passed a bill last week on welfare fraud, and the penalties there are much steeper than the penalties you have on this bill where person has their own life at risk.”

– posted by Brian Lyman

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PACT would pay full tuition under bill

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Democratic leaders in the Legislature have proposed legislation that would fund the state’s Pre-paid Affordable College Tuition and fully pay tuition rates with money earmarked for a budget stabilization fund.

Under the legislation, money marked for the state’s Budget Stabilization Account, known as the rolling reserve, would be used to pay off shortfalls in the PACT program, after the state’s Rainy Day Account was paid off in 2016.

The Democrats’ legislation would also require PACT to fully cover current college tuition rates.

“I want us to do 100 percent,” said House Minority Leader Craig Ford, D-Gadsden, a sponsor of the bill, said at a press conference Tuesday.

“I want to do exactly what they say it would do.”

PACT, which has about 40,000 beneficiaries, promised participants that it would cover the costs of tuition at state schools.  However, rapidly increasing college costs and the bear market of the last decade cut into PACT’s resources and made it unable to meet its obligations.

The fund received $547 million from the state Legislature in 2010. Last year, a judge ordered the program to provide tuition to participants at 2010 rates. Students and families would be required to make up the difference. The agreement was stayed last November after the Alabama Supreme Court decided to review two appeals of the settlement.

It is not clear whether money would be available, or what would happen if there was a shortfall in Education Trust Fund revenue. Ford acknowledged there are no revenue projections available for 2016. However, he called the court agreement “unacceptable.”

“We sold this program to these children Alabama with the commitment and seal of Alabama that they would be fully paid for,” he said.

– posted by Brian Lyman

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Homebrewing bill introduced in Ala. House

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Homebrewers hope this will be the year they can pursue their hobby without breaking state law.

Rep. Mac McCutcheon, R-Capshaw, filed legislation last week that would allow Alabamians to manufacture limited amounts of beer, wine, cider and mead for personal or noncommercial uses.

“What this bill is all about is just allowing people in this state to have the hobby of homebrewing,” McCutcheon said Monday.  “This is all about a hobby.”

Under the legislation, homebrewers would be able to make up to 15 gallons of the approved beverages every three months.   McCutcheon said that would meet most homebrewers’ needs.

“When homebrewers brew beverages, it’s normally done in five gallon quantities,” he said.
The legislation would allow transportation of the alcohol to festivals and tasting contests.  Personal production of liquor – including whiskey, bourbon, rum and vodka – would be forbidden and punishable by up to three months in jail and a $500 fine.

Alabama and Mississippi are the only two states that forbid homebrewing, according to the American Homebrewers Association.  State law makes unlicensed manufacturing of alcohol a misdemeanor, punishable by a fine of up to a $1,000 and the possibility of jail time.  McCutcheon said law was excessive.

“Many of these people are professional people,” he said.  “They work, (and) they have their integrity.”

Homebrewing advocates have tried to ease restrictions on personal beer manufacturing since the late 90s and have introduced a bill in each legislative session since 2009.

McCutcheon sponsored a version of the legislation in the 2011 Regular Session, which was defeated in a 47-26 vote.  Six of the bill’s 22 co-sponsors voting against it and six more abstained or were absent for the vote.  The legislation later won the “Shroud Award,” given by House staff to the “deadest” bill in the session.

McCutcheon said supporters “bent over backwards” to address concerns raised by opponents last year.  It lowers the amount of alcohol that can be brewed by an individual from 100 gallons to 15, and forbids those convicted of a felony from participating in homebrewing.

An attempt to reach Alabama Homebrewing, the group pushing the bill, was unsuccessful Monday.  Stuart Carter, a spokesman for Free the Hops, which has successfully fought several Alabama alcohol restrictions in recent years, said they “fully support” the homebrewing legislation.

– posted by Brian Lyman

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Prosecutor plays ‘aborigine,’ other race-tinged tapes

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Controversial state Sen. Scott Beason, in a recording played in a federal corruption case on Friday, referred to supporters of a casino in a predominantly black county as “aborigines” and talked about voting for a black woman as House speaker because then the Democrats could not raise money.

Prosecutors, just days after objecting to having secretly recorded conversations of GOP lawmakers discussing race and gambling issues played in court, played what one prosecutor had referred to as “explosive, explosive” tapes in court on Friday.

In one conversation with then-state Rep. Ben Lewis, a Dothan Republican who is now a judge, Lewis refers to those in Greene County as “y’all’s Indians.”

“They’re aborigines, but they’re not Indians,” said Beason, a Gardendale Republican who is running for Congress.

In the first corruption trial of VictoryLand owner Milton McGregor and others charged with conspiracy and other crimes, the defense challenged Beason’s credibility using those comments and others he made in discussions with fellow Republicans.

Defense attorneys did not play the tape in the first trial, which ended in August, but questioned Beason about it.

Also, on Friday, a prosecutor played a conversation in which Beason said he tried to talk fellow Republicans when he was in the House into voting for black Democratic Rep. Yvonne Kennedy as House Speaker. Beason explained it as a strategy that would have made it difficult, if Kennedy was elected speaker, for Democrats to organize and raise money. Kennedy is from Mobile.

Beason, who recorded the conversations with a recording device he used as he cooperated with the FBI in the corruption investigation, criticized those unwilling to go along.

Lead federal prosecutor Kendall Day also played a recording on Thursday, which Beason also recorded, in which several Republican lawmakers discuss gambling legislation and discuss how gambling, if it was on the November 2010 ballot, would drive black voters to the polls. Republicans were trying to take control of the Legislature for the first time in more than 130 years.

One senator said that every black voter would be bused to the polls.  

Then-Sen. Larry Dixon, R-Montgomery, said, “they’re going to be bused on HUD-financed buses.”

Day referred to the comments on Thursday as “pretty hateful” and “repugnant.”

Beason was the first witness for the prosecution in the first trial for McGregor and the other defendants. Defense attorneys have said prosecutors have indicated they would not call Beason back to the stand in this trial.

Beason has since apologized for the comments, but his Republican colleagues in the Senate removed him from a key post.

Day played the recordings with Country Crossing developer Ronnie Gilley on the witness stand. Gilley, McGregor and Gilley lobbyist Jarrod Massey met with Beason to discuss his support of the gambling legislation.

Gilley said they were willing to offer Beason $500,000 in exchange for his vote.

Gilley referred to Beason as a “6-foot 4, 250-pound gutless wonder,” and said he never liked him, but would have probably still offered Beason the bribe in exchange for his vote if he was the key vote in favor of the gambling legislation in 2010.

“Unfortunately, our greed would have led us to purchase his vote,” Gilley said on the witness said.

Gilley said he himself was very egotistical, but Beason “exceeded that.”

Gilley and McGregor were pushing legislation in 2010 to try to ensure their casinos could stay open as state authorities cracked down on electronic gambling. 

 

– posted by Sebastian Kitchen

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Prosecutor plays ‘hateful’ conversation by GOP senators

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Republican lawmakers talked about every black person in the state being bused to polls if gambling was on the 2010 ballot, in a conversation recorded by Sen. Scott Beason that was played Thursday in a federal corruption trial.

Then-Sen. Larry Dixon, R-Montgomery, then said “they’re going to be bused on HUD financed buses.”

Others in the room during the conversation about the gambling legislation included then-Senate Minority Leader Jabo Waggoner, his top aide Monica Copper, Sen. Ben Brooks, Sen. Paul Sanford, Sen. Rusty Glover, and then-Rep. Ben Lewis.

Lead federal prosecutor Kendall Day had the conversation, which Beason recorded for the FBI with a hidden device, played with Country Crossing developer Ronnie Gilley on the witness stand in the corruption trial.

Day asked Gilley if he would have considered giving Beason $500,000, which Gilley had said they were willing to give Beason for his vote on the gambling legislation, if he had known he made such comments.

Gilley, who has already pleaded guilty in the case, said that even though he never liked Beason he probably would have been willing to give him the $500,000 if he was the key vote in favor of the legislation.

Day asked Gilley about the “pretty hateful” comments. Gilley said they were nauseating.

With the device attached to Beason, it is difficult to understand who makes some of the comments.

Beason was the first witness in the first trial of VictoryLand owner Milton McGregor and other defendants, including some of his current and former colleagues in the Senate. Defense attorneys have said prosecutors have indicated they would not call Beason back to the stand in this trial.

In another conversation, Beason referred to supporters of a casino and dog track in a predominantly black county as “aborigines.”

Beason has since apologized for the comments, but his Republican colleagues in the Senate removed him from a key post.

McGregor and five other defendants are on trial for their alleged role in a scheme in which casino owners and their lobbyists bribed state lawmakers with cash and campaign contributions in exchange for their votes on gambling legislation.

– posted by Sebastian Kitchen

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Alabama House approves ‘sagging pants’ bill

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Rep. Alvin Holmes, D-Montgomery

The House of Representatives approved a bill Thursday that would allow Montgomery County to fine individuals wearing pants that sag below the waist and expose undergarments.

The legislation was sponsored by Rep. Alvin Holmes, D-Montgomery, and applies to pants worn three inches below the waist.

If enacted, juveniles charged under the law would face fines of up to $100; adults would face fines of $150.  In lieu of the fine, juveniles could be sentenced to 20 hours of community service; adults could face 40 hours of community service.

The legislation now goes to the Senate. 

Holmes was not present for the 59-0 vote, which amused some representatives.  Rep. Greg Wren, R-Montgomery, called the bill “a powerful piece of legislation” and offered to list other representatives as co-sponsors.

After the vote, Rep. John Rogers, D-Birmingham, asked House Speaker Mike Hubbard, R-Auburn, if the bill, which only applies to Montgomery County, could affect the state.

“No,” Hubbard said.  “You can still wear your pants any way you like in Jefferson County.”

Although the bill passed without opposition, Rep. Patricia Todd, D-Birmingham, voted against the legislation in an earlier procedural vote.

“I don’t think the Legislature should be telling people how to dress,” she said.

Sen. Quinton Ross, D-Montgomery, said he would try to help get Holmes’ bill through the Senate, though he had questions about it. 

“It is an issue, but you have to question the enforcement side of the issue,” he said.

– posted by Brian Lyman (updated at 11:26 a.m.)

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General Fund could face $366 million shortfall

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Forestry Association endorses Graddick

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The political action committee for the Alabama Forestry Association, ForestPAC, announced on Thursday that it was endorsing Charlie Graddick in the race for chief justice of the Alabama Supreme Court.

“Charlie Graddick has proven through his service as presiding circuit judge in Mobile County that he is fair but tough, but most importantly he values the rule of law,” said Fred Stimpson, president-elect of the association and CEO of Scotch & Gulf Lumber, LLC, of Mobile.
Graddick, former state attorney general, has assembled a steering committee that includes former state Sen. Bradley Byrne, Troy University Chancellor Jack Hawkins,former Alabama Republican Party chairman Winton M. Blount, lll; former state finance director Jim Solomon; and a number of other attorneys and officials including Montgomery attorney Robert Sasser.
Graddick is running against current Chief Justice Chuck Malone and former Chief Justice Roy Moore in the March 13 Republican primary. The winner faces Democratic attorney Harry Lyons in the November election.
The Alabama Civil Justice Reform Committee, Farm PAC of the Alabama Farmer’s Federation, the Alabama Retail Association, and the Automobile Dealers Association of Alabama have endorsed Malone.
Former two-time gubernatorial candidate Tim James also announced his endorsement of Moore on Thursday.
– posted by Sebastian Kitchen
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