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House Passes Accountability Act Reforms

Brandon Moseley

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By Brandon Moseley
Alabama Political Reporter

Thursday, May 28, the Alabama House of Representatives passed SB71 which reforms the controversial Alabama Accountability Act of 2013.  The bill was sponsored by Senate President Pro Tem Del Marsh (R-Anniston) and was carried in the House by Representative Ken Johnson (R-Moulton).

The Alabama Accountability Act allows taxpayers to divert a portion of their income taxes from the Education Trust Fund (ETF) to privately managed non-profit Scholarship Granting Organizations (SGOs) so the SGOs can use that money to award scholarships to students trapped in Alabama’s poorest performing schools. The scholarships allow the student to attend either another public school or a private school that is taking AAA scholarship students.

Representative Johnson said that the bill drops the annual income to qualify down to 185 percent of the Federal poverty level…..the same as for reduced lunch.

Rep. Anthony Daniels (D-Huntsville) said, “I want to thank you for bringing more accountability to the Accountability act.”

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Rep. Johnson added two amendments to the bill on the floor that were recommended by the House Ways & Means Education Committee. One excludes special education from being responsible for a school being on the failing to perform list.  Johns said that it is not fair to hold them to the same standards. This wording was in an earlier version of the bill but got excluded. Johnson said this narrows it down to those schools that are truly underperforming.

The House rejected an amendment that will lower the scholarship amount by $1000 each to make the scholarships closer to the amount that the state spends on public school students. Families would have had to make up the difference.

Rep. Christopher John England (D-Tuscaloosa) opposed the measure on the grounds that the families could be responsible for up to $1000 per child per year. The people you were actually trying to help will be responsible for and many won’t be able to afford it. They will not be able to afford to take advantage of it anymore and undermines the purpose of it.

State Rep. John Rogers (D-Birmingham) said, “I think this bill (SB71) makes it better. It closes up some loopholes.”

Rep. Laura Hall (D-Huntsville) proposed an amendment to make sure that the State Department of Education keeps data from the schools so that they can know how the students leaving the underperforming schools perform academically in their new schools.

Rep. Merika Coleman-Evans (D-Fairfield) said, “When we pass these bills we want to make sure that there is a positive net impact. This is the responsible thing to do given the amount of money being poured into this program.”

Rep. Ken Johnson accepted the amendment.

Rep. Hall said the Department of education will maintain a database and will annually make reports to the education policy committees of both the House and the Senate.

The legislation passed 68 to 26.

The bill clarifies and confirms that the intent of the Alabama Accountability Act of 2013 is educational choice. It also amends certain current definitions and add new definitions. The reporting period for scholarship granting organizations from a calendar year to an academic year; to clarify and confirm that educational scholarships are provided to eligible students, not to particular schools. The bill requires that scholarship granting organizations determine the income eligibility of a scholarship recipient every other year and requires that all participating private schools to be accredited by one of the six regional accrediting agencies, the National Council for Private School Accreditation, AdvancEd, the American Association of Christian Schools, or one of their partner accrediting agencies, within three years from the date their notice of intent to participate in the scholarship program is filed with the Department of Revenue.

The legislation also allow certain pass-through entities, such as Subchapter S corporations and limited liability companies, to make contributions to scholarship granting organizations and to allow the credit earned by the entity to pass through to and be claimed by its owners, and to expand the definition of “individual taxpayer” to include the individual owners of these pass-through entities. The legislation clarifies and confirms that donors making contributions to scholarship granting organizations cannot earmark their contribution for a particular school or to fund scholarships for a particular student or group of students. The legislation prohibit scholarship granting organizations from making lump sum, block grants, or other similar payments to otherwise qualifying schools. The bill removes the current $7,500 annual limitation on contributions made to scholarship granting organizations by individual taxpayers and increases the cumulative amount of tax credits available in a calendar year to $30,000,000. The bill also allows taxpayers to make contributions to scholarship granting organizations before the due date, with extensions, of a timely filed 2014 tax return but reserve tax credits against the remaining balance of the 2014 cumulative amount of tax credits available. The SGOs may use up to five percent of their revenues from donations for administrative or operating expenses in the year of donation or any subsequent year.

The bill has already been passed by the Senate.

 

Brandon Moseley is a senior reporter with six and a half years at Alabama Political Reporter. You can email him at [email protected] or follow him on Facebook.

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Elections

King pauses campaign after opponent’s wife’s death

Bill Britt

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After learning about the death of Attorney General Steve Marshall’s wife, his opponent, former Attorney General Troy King, announces a pause in his campaign out of respect for the Marshall family’s loss.

“Paige and I just learned of the tragic death of Brigette Marshall,” said, King. “Today is a sad and difficult day. Today we are not in different political campaigns or camps. We are husbands and wives, fathers and mothers. We cannot imagine the deep sense of loss and grief the Marshall family must face.”

King further offered condolences saying, “We offer our deepest sympathies and heartfelt prayers for Attorney General Steve Marshall and his family and pray that God’s grace and peace and hope will enfold and sustain them.”

King’s campaign also said, “Out of respect for the Marshall family, I have paused my campaign during this time of mourning. I have directed that all of our advertising be stopped. May God hold them in the palm of His hand.”

King and Marshall will face each other in the July 17 Republican runoff for state’s Attorney General.

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Alabama Attorney General’s wife dead

Bill Britt

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News of Attorney General Steve Marshall’s wife, Bridgette Gentry Marshall’s, death began to be reported on Twitter early Sunday morning. Elected officials and ranking Republicans are confirming the news. A close friend of the Marshalls who asked not to be identified confirmed her death was either accidental death or suicide. According to the friend, personal issues had been weighing on Mrs. Marshall in recent months. He said the issues were personal and not related to the campaign.

Marshall County Sheriff’s Office and Albertville Police Department would not confirm or deny her death.

This is a breaking news story and will be updated as more information becomes available. 

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Elections

Alabama Supreme Court Candidate Donna Wesson Smalley talks Justice with APR

Brandon Moseley

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Thursday, the Alabama Political Reporter went to Jasper for an extended interview with Democratic candidate for Associate Justice of the Alabama Supreme Court Place 4.

Donna Wesson Smalley grew up on a cattle farm in Etowah County near Attalla. She is an attorney with four decades of experience with the law. She earned her law degree from the University of Alabama Law School. Smalley is 62 years old.

APR asked: Why are you running for Alabama Supreme Court?

“The real truth is that I feel a real calling for it,” Smalley said. “I have dedicated my whole life to the law, and this is a natural next step.”

APR asked: What are your qualifications to serve on the state Supreme Court?

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“I offer a lot with the breath of my experience. I have 40 years as a practicing attorney. I am a former adjust instructor at the University of Alabama School of Law. I am a former adjunct professor in writing in the English Department. I relocated to Walker County in 2005 after being in Tuscaloosa for 23 years. I have done a lot of different things in the practice of law, which I think is important.”

“That I am a woman brings another experience to the court and Alabama needs more women in leadership positions,” Smalley said.

APR asked if the Judicial Inquiry Commission  and the Court of the Judiciary should be tasked with disciplining judges, or should judges be treated like every other constitutional office and the legislature be the body tasked with impeaching judges (like in the federal system)?

“I think the JIC is much better equipped to handle disciplining judges with an eye of protecting the sanctity of judges and the courts than the legislators. They are not as well equipped by education and experience. There is a balance between popular opinion and a more studied reasoning. That is one of the aspects of our code that has been used as a model used around the world.”

Smalley credited Howell Heflin with modernizing that section and felt that it, “Should be kept.”

APR asked: Does the state of Alabama have an ethics problem?

“Yes, obviously we have an ethics problem when three of our top elected officials have had to be replaced,” Smalley replied. “One definition of insanity is to keep doing the same thing over and over again and expecting different results.”

“We have pretty good ethics laws, but we need better enforcement of them,” Smalley said. “For the few public officials that do break the public trust – they need to be punished.”

APR asked: The Business Council of Alabama (BCA) has been very active in endorsing and contributing towards judicial races. Is there a conflict of interest there in judicial candidates accepting contributions and donations from business interests that routinely have business before the court system?

“It is hard to avoid the appearance of impropriety when any one group contributes large amounts of money to the judges that settle disputes that often involves companies that are members of that group,” Smalley said. “This is a big problem and we need to figure out how to solve it.”

“We really need for the legislature to come up with a plan to deal with campaign finance laws in a fair and effective matter,” Smalley added.

APR asked: Should judicial races in Alabama be partisan political races?

“Not in my opinion,” Smalley said. “Politics really shouldn’t have any place in the review of elected races at all. I have practiced with judges who have been both Democrats and Republicans in different points in their careers; but they ruled the same way.”

Smalley said that running judicial races without the party affiliations would be very difficult; but there needs to be some campaign finance reform by the legislature. Our current system has no limits on dark money and allows unlimited donations from businesses and individuals. The appearance of impropriety should be avoided in judicial races.”

APR asked: There is a wide range in caseloads from circuit to circuit across the state. Should the legislature reallocate the judges from areas that have experienced population declines to areas that have experienced growth?

Smalley said no, that we should be adding judges to those areas of the state that are growing faster than other areas not taking judges away. “Getting more judges across the state would streamline how fast cases could come to trial. Justice delayed is justice denies.”

APR asked: Do the poor get treated fairly in our court system, or is there two sets of laws? One for people with money to have the best representation and another system for those who can’t afford the same defense.

“No, the poor are not treated fairly in our court system,” Smalley said. “I don’t know of anyone who can seriously argue otherwise. That is a problem we continue to struggle with, and that is not just a criminal court matter but also in the civil courts.”

APR asked: Do poor people get trapped in the court system being assigned penalties and court costs they can not afford and then additional fines and fees for not paying the previous fines?

“Absolutely, yes, people do get trapped in that system and in my opinion it is indefensible,” Smalley said. “Some agencies like the courts are not supposed to be self supporting. They are supposed to be supported by all of us so that everyone regardless of their station in life can seek justice for wrongs created by others. Justice for all is a basic tenant of our society. It is depressing how the poor are treated in our state and our country.”

APR asked: Republicans have dominated Alabama judicial races for well over a decade because there is a perception that Democrats are soft on crime. Are you strong enough to punish criminals and get justice for victims of crime?

“I don’t think that is why Republicans have dominated judicial races,” Smalley said. “That is a false premise. Republicans have dominated judicial races because they have spent more money to influence the voters. Democrats are like Republicans: they don’t want crime in their families or neighborhoods,” Smalley continued. “We need to do some of the things that we know will reduce crime. We need to be spending more money on early childhood education, job training, and mental health. They all dramatically reduce crime. That is where we need to be focusing instead of creating a cottage industry of private prisons. My hope is that everyone including Republicans will join in solving the problems. Republicans have had the House the Senate the executive branch, the courts, and their approach has not worked. People are still concerned about crime.”

APR asked: Alabama recently executed a man in his eighties. Is there something administratively the courts can do to expedite the appeals process so that death penalties can be performed in less than 20 years of sentencing?

“If there were enough judges and a better system for providing competent defense attorneys, that would streamline it some,” Smalley said. “I don’t think we should change the defendants’ protections.”

“Sometimes justice delayed is justice denied,” Smalley said. “We know it is less costly to have life without parole than the death penalty.”

APR asked: Does the state legislature need to find more funding for the Alabama Court System, particularly the circuit clerks offices?

“It is ridiculous,” Smalley said. “They lost manpower consistently. There is a third of the manpower that they had when I started practicing. ”

APR asked: There has been a popular perception, that in the past, some of the Justices on the Alabama Supreme Court have been a little lazy. If you are elected to the state’s highest court, can the public trust you to put in a full week’s work and not get behind on your work?

“Yes, and I pledge to write opinions,” Smalley said. “One of the things that I have heard across the state, particularly from lawyers, is that they don’t receive a reason written response on their filings. They deserve that much from the appellate courts.”

APR asked: There is a perception that whoever wins the GOP nomination for a statewide judicial race will win the office. Is that making it hard for you to fund raise in this race?

“I just don’t believe that paradigm is true anymore,” Smalley said. “The pendulum has begun to swing, and I don’t really need for somebody to give me hundreds of thousands of dollars to buy my vote. I intend to work my campaign at the grass roots level. That will win voters over.”

Smalley said, “I am confident that I am the most qualified candidate in this particular race. I am 62 years old, and I have been practicing law for 40 years. I have a breadth of experience that my opponent lacks. Most of his work has been with lobbying and governmental affairs. Most of my work has been with real people with real problems.”

“I don’t think either party should have every appellate judgeship, and that is what we have now.”

Donna Wesson Smalley (D) is running against James “Jay” Mitchell (R) for state Supreme Court Justice Place 4.

Jefferson County Circuit Judge Robert Vance Jr. (D) is running for Chief Justice of the Alabama Supreme Court against Associate Justice Tom Parker (R).

Smalley and Vance are the only Democrats running for any of the statewide judicial offices.

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House Passes Accountability Act Reforms

by Brandon Moseley Read Time: 4 min
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