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Some Legislators are considering an alternate route to impeach the Governor

Chip Brownlee

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By Chip Brownlee
Alabama Political Reporter

MONTGOMERY — Several Alabama lawmakers are considering an alternative route to get around the stalled House Judiciary Committee charged with investigating and recommending possible charges for impeachment against Gov. Robert Bentley.

The plan, which could begin as early as next week, would bring articles of impeachment before the full House. At that point, a majority of the House members could vote to issue a charge against the Governor and send the process on to the Senate, which would function as a court to try the Governor for possible removal.

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Rep. Corey Harbison, R-Cullman, and Rep. Randall Shedd, R-Cullman, began circulating a new impeachment resolution on Tuesday to update charges against the Governor and press the Judiciary Committee to resume impeachment hearings.

The Straw that Broke the Camel’s back

The resolution — sponsored by the two representatives who had previously opposed an impeachment —  was making waves on the House floor as members were debating a separate piece of legislation intended to urge Alabama’s congressional delegation to support President Donald Trump.

Harbison and Shedd’s impeachment resolution would have added new charges to a resolution passed last year. The new charges hold that Bentley illegally used campaign funds to pay his former top aide’s legal fees and that he received an improper reimbursement from the Republican Governor’s Association.

For Shedd and Harbison, Bentley’s decision to appoint Attorney General Luther Strange as Alabama’s next US Senator was the straw that broke the camel’s back. Appointing the man who was thought to be investigating the Governor’s office is bad optics — it looks like quid pro quo, they said.

“I’m not doing this for me. I don’t like the stink,” Harbison said. “The problem is that we have a Judiciary Committee that is on hold due to a request from an attorney general that is no longer in office that was appointed to the United State Senate by the Governor. It just sounds terrible.”

Bentley, who was accused last year of maintaining an extramarital affair with Rebekah Mason and using State funds to do so, has denied any wrongdoing and said that his affair with Mason wasn’t physical. He has called the House effort to impeach him “political grandstanding.”

Ross Garber, an attorney for the Governor’s Office, released a statement Tuesday denouncing the new efforts.

“Alabama law requires that any impeachment proceedings follow a strict procedure and afford the Governor due process at every stage,” Garber said. “Under the Alabama Constitution, impeachment would itself nullify an election, even before any trial in the Senate. There is perhaps no graver act in this State’s constitutional democracy.”

Confusion at the State House

At first, it appeared Harbison’s effort to reinvigorate the impeachment committee had been successful. At about 3 p.m. Tuesday, Harbison said he and Shedd would put a pause on their resolution because House Speaker Mac McCutcheon had decided the Committee would resume hearings next Wednesday.

But an hour later, the story reversed.

A spokeswoman for the Speaker and the Clerk of the Judiciary Committee, chaired by Rep. Mike Jones, told the press that there were no plans for the impeachment hearings to continue next week.

They said Jones would simply “give an update on the status of the proceedings,” which remain stalled pending word from the new attorney general, Steve Marshall, who was appointed by the Governor Friday.

“The Speaker said that he talked to Mike and that the Committee would resume meeting and putting its plan together,” Harbison told APR. “Somewhere either he miscommunicated with Mike or something. I don’t know. He’s the Speaker, and it’s laying in his lap.”

Harbison said Tuesday night that he had nearly enough signatures on his resolution to bring it to the floor and send the renewed and updated articles on to the Judiciary Committee for investigation, as required by House rules passed last year.

But that was before the House leadership decided to continue their holding pattern. Now, some legislators are considering alternative paths to bring the articles of impeachment before the full House for consideration.

“If they don’t do something next Wednesday, then there will be a move to do something different,” Harbison said. “I’m not just talking about me. I’m talking about several House members. There are a lot of people that share my feelings.”

The Alternative

Rep. Allen Farley, R-McCalla, a member of the Judiciary Committee, said he visited the Legislative Reference Service to see if there is a way around the Committee if it remains stalled.

House Rule 79.1, implemented last year, requires 21 representatives to sign onto an impeachment resolution before it can be brought to the floor. Then it must be assigned to the Judiciary Committee for review.

If a legislator were to ask for the rules to be suspended, Farley said, they would only need 53 votes to get around the requirement that the resolution be sent to the Committee. After a waiting period, the resolution could be brought to the floor the next legislative day.

“We can discuss it, and we can vote on whether or not we feel there is evidence to send it to the Senate,” Farley said.

Farley said he would do nothing behind the House leadership’s backs, though. He said he would wait until next week to see what Jones’ update is and whether it is likely that the Committee moves forward with its investigation.

If it appears that the Committee will remain stalled, Farley, Harbison and others could bring the rule change as soon as Feb. 23 and the resolution to the full House by the end of the month. Farley said he’s prepared to go around the Committee because the House shouldn’t be waiting on a Bentley-appointed attorney general to give them the go-ahead.

“I think that’s part of what’s caused some real acid with some of these members of the House, because they’ve realized that this new AG is an appointee of the man who we are talking about investigating,” Farley said. “I don’t know what we’re doing if Chairman Jones is saying we’re going to wait from the OK from the AG, and then the AG is saying that he’s going to stand back and recuse himself.”

That could be one of the “perfect storms” — perhaps purposeful, perhaps not — that could hold back the House for so long that there’s no point in pursuing any impeachment because the Governor could be long gone, Farley said.

“We’ve got enough members in the House that want this settled,” he said. “They do not want this swept under a rug. … This makes us look like we are trying to cover this up or make it go away. Is that what we want?”


Email Chip at [email protected] or follow him on Twitter.

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In Case You Missed It

House passes General Fund Budget

Brandon Moseley

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By Brandon Moseley
Alabama Political Reporter

The Alabama House of Representatives passed the state General Fund Budget on Tuesday.

The General Fund Budget for the 2019 fiscal year is Senate Bill 178. It is sponsored by Sen. Trip Pittman, R-Montrose. State Rep. Steve Clouse, R-Ozark, carried the budget on the House floor. Clouse chairs the House Ways and Means General Fund Committee.

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Clouse said, “Last year we monetized the BP settlement money and held over $97 million to this year.”

Clouse said that the state is still trying to come up with a solution to the federal lawsuit over the state prisons. The Governor’s Office has made some progress after she took over from Gov. Robert Bentley. The supplemental we just passed added $30 million to prisons.

The budget adds $50 million to the Department of Corrections.

Clouse said that the budget increased the money for prisons by $55,680,000 and includes $4.8 million to buy the privately-owned prison facility in Perry County.

Clouse said that the budget raises funding for the judicial system and raises the appropriation for the Forensic Sciences to $11.7 million.

The House passed a committee substitute so the Senate is either going to have to concur with the changes made by the House or a conference committee will have to be appointed. Clouse told reporters that he hoped that it did not have to go to conference.

Clouse said that the budget had added $860,000 to hire more Juvenile Probation Officers. After talking to officials with the court system that was cut in half in the amendment. The amendment also includes some wording the arbiters in the court lawsuit think we need.

The state General Fund Budget, SB178, passed 98-1.

Both budgets have now passed the Alabama House of Representatives.

The 2019 fiscal year begins on Oct. 1, 2018.

In addition to the SGF, the House also passed a supplemental appropriation for the current 2018 budget year. SB175 is also sponsored by Pittman and was carried by Clouse on the floor of the House.

SB175 includes $30 million in additional 2018 money for the Department of Corrections. The Departmental Emergency Fund, the Examiners of Public Accounts, the Insurance Department and Forensic Sciences received additional money.

Clouse said, “We knew dealing with the federal lawsuit was going to be expensive. We are adding $80 million to the Department of Corrections.”

State Representative Johnny Mack Morrow, R-Red Bay, said that state Department of Forensics was cut from $14 million to $9 million. “Why are we adding money for DA and courts if we don’t have money for forensics to provide evidence? if there is any agency in law enforcement or the court system that should be funded it is Forensics.”

The supplemental 2018 appropriation passed 80 to 1.

The House also passed SB203. It was sponsored by Pittman and was carried in the House by State Rep. Ken Johnson, R-Moulton. It raises securities and registration fees for agents and investment advisors. It increases the filing fees for certain management investment companies. Johnson said that those fees had not been adjusted since 2009.

The House also passed SB176, which is an annual appropriation for the Coalition Against Domestic Violence. The bill requires that the agency have an operations plan, audited financial statement, and quarterly and end of year reports. SB176 is sponsored by Pittman and was carried on the House floor by State Rep. Elaine Beech, D-Chatham.

The House passed Senate Bill 185 which gives state employees a cost of living increase in the 2019 budget beginning on October 1. It was sponsored by Sen. Clyde Chambliss, R-Prattville and was being carried on the House floor by state Rep. Dimitri Polizos, R-Montgomery.

Polizos said that this was the first raise for non-education state employees in nine years. It is a 3 percent raise.

SB185 passed 101-0.

Senate Bill 215 gives retired state employees a one time bonus check. SB215 is sponsored by Senator Gerald Dial, R-Lineville, and was carried on the House floor by state Rep. Kerry Rich, R-Guntersville.

Rich said that retired employees will get a bonus $1  for every month that they worked for the state. For employees who retired with 25 years of service that will be a $300 one time bonus. A 20-year retiree would get $240 and a 35-year employee would get $420.

SB215 passed the House 87-0.

The House passed Senate Bill 231, which is the appropriation bill increase amount to the Emergency Forest Fire and Insect and Disease Fund. SB231 is sponsored by Sen. Steve Livingston, R-Scottsboro, and was carried on the House floor by state Rep. Kyle South, R-Fayette.

State Rep. Elaine Beech, D-Chathom, said, “Thank you for bringing this bill my district is full of trees and you never know when a forest fire will hit.

SB231 passed 87-2.

The state of Alabama is unique among the states in that most of the money is earmarked for specific purposes allowing the Legislature little year-to-year flexibility in moving funds around.

The SGF includes appropriations for the Alabama Medicaid Agency, the courts, the Alabama Law Enforcement Agency, the Alabama Department of Corrections, mental health, and most state agencies that are no education related. The Alabama Department of Transportation gets their funding mostly from state fuel taxes.

The Legislature also gives ALEA a portion of the gas taxes. K-12 education, the two year college system, and all the universities get their state support from the education trust fund (ETF) budget. There are also billions of dollars in revenue that are earmarked for a variety of purposes that does not show up in the SGF or ETF budgets.

Examples of that include the Public Service Commission, which collects utility taxes from the industries that it regulates. The PSC is supported entirely by its own revenue streams and contributes $13 million to the SGF. The Secretary of State’s Office is entirely funded by its corporate filing and other fees and gets no SGF appropriation.

Clouse warned reporters that part of the reason this budget had so much money was due to the BP oil spill settlement that provided money for the 2018 budget and $97 million for the 2019 budget. Clouse said they elected to make a $13 million repayment to the Alabama Trust fund that was not due until 2020 but that is all that was held over for 2020.

Clouse predicted that the Legislature will have to make some hard decisions about revenue in next year’s session.

 

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In Case You Missed It

Day Care bill delayed for second time on Senate floor, may be back Thursday

Sam Mattison

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By Samuel Mattison
Alabama Political Reporter

The day care bill, which would license certain day care centers in Alabama, was once again delayed on the state Senate floor after one lawmaker requested more information.

Its brief appearance Tuesday ended with state Sen. Gerald Dial, R-Lineville, saying a compromise had not yet been worked out with the bill’s detractors.

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Alabama’s Senate has been hesitant to act on the legislation because of complaints of state Sen. Shay Shelnutt, R-Trussville, who has been an opponent of the bill since its introduction last year. The bill’s delay on Tuesday marks the second time its been taken off the Senate’s agenda.

The bill has had a rocky time in this year’s session, but the bill’s sponsor state Rep. Pebblin Warren, D-Tuskegee, said she is still confident about its passage out of the Legislature.

Warren, D-Tuskegee, filed the bill this session with the support of influential lawmakers including Gov. Kay Ivey, who told reporters last year that she though all day cares should be licensed.

Mainly sparked by the death of 5-year-old boy in the care of a unlicensed day care worker, the bill had great momentum coming into this year’ session.

Despite the growing support from lawmakers, Religious groups had concerns that the bill would increase state-sponsored reach into religious day cares in churches and non-profit groups.

Spearheading the dissenters was Alabama Citizens Action Program, a conservative religious-based PAC.

Warren, proponents, and ALCAP announced a compromise to the bill while it was still in the Alabama House.

Announced by ALCAP originally, the new bill was a weaker version in that it did not require that all day cares in the state be regulated. Instead, religious-based day cares would only need to be registered if they received federal funds. At a Senate committee meeting in February, Warren said a similar requirement was about to come from federal law in Congress.

The bill moved through the House in a overwhelming vote in favor of the proposal and passed unanimously out of a Senate committee a few weeks ago.

Warren, speaking to reporters after its passage from the House, said she was unsure if the bill would encounter resistance in the upper chamber.

It was the Senate that killed the daycare bill last year amid a cramped last day where senators took the bill off the floor. The bill may face similar complications this year, as lawmakers seem to be preparing to adjourn within a few weeks.

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In Case You Missed It

Fantasy sports bill fails on Senate floor

Sam Mattison

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By Samuel Mattison
Alabama Political Reporter

Would-be Fantasy Sports players in Alabama will have to wait to legally play in the state following a Senate vote on Tuesday.

The Alabama Senate decisively killed a bill to exempt fantasy sports from the state’s prohibition on gambling.

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Not even entertaining a debate on the Senate floor, the proposal was killed during a vote for the Budget Isolation Resolution, which is usually a formality vote preluding a debate.

Fantasy sports are contests where participants select players from real teams to compete on fantasy teams using the real-world players’ stats.

Since 2016, the practice has been illegal in Alabama following a legal decision by the Attorney General’s Office that categorized it as gambling.

The bill’s sponsor, state Sen. Paul Sanford, R-Huntsville, predicted the bill’s failure during a committee meeting two weeks ago, where the bill passed unanimously.

Sen. Paul Sanford speaks to reporters after a Senate Committee meeting on Feb. 28, 2018. (Samuel Mattison/APR)

Speaking to reporter’s after the committee meeting, Sanford said the decision to file the bill was mainly a philosophical belief that the practice shouldn’t be illegal.

Sanford, a fantasy sports player before its ban, said that fantasy sports are a way to bring people closer together and not a means to win money. The Huntsville senator is not seeking re-election.

The bill’s failure in the Senate follows its trajectory last year too. A similar version of the bill, also sponsored by Sanford, failed in the Senate during the final days of the 2017 Legislative Session.

Since Sanford is retiring, it is unclear if the bill will even come back next session, or if it will even have a Senate sponsor.

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Some Legislators are considering an alternate route to impeach the Governor

by Chip Brownlee Read Time: 6 min
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