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Abortion Clinic Regulation Bill Passes State House

Brandon Moseley

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By Brandon Moseley
Alabama Political Reporter

On Tuesday the Alabama House of Representatives voted to pass the Women’s Health and Safety Act, HB 57, by a margin of 73 to 23. HB 57 holds Alabama abortion clinics to the same health and regulatory standards as those applied to other out patient surgical centers in the state.

Representative Mary Sue McClurkin (R) from Indian Springs was the sponsor of the bill. Rep. McClurkins said, “House Bill 57 is a bill that would improve the safety of women who choose to have an abortion. This is a bill that has been debated in this house before.” McClurkin presented a long list of individual citations that have occurred in abortion clincs under Alabama’s current lax regulatory standards over the last few years as evidence that the bill is needed.

Rep. McClurkin told the House, “Abortion clinics are not operating with the standard of care that you would choose.” McClurkin said that this bill protects the right of a woman having an abortion to have that procedure done as safely as possible. The bill would stipulate that only a physician may perform an abortion. McCurkin said that a, “Physician performing an abortion must be licensed in Alabama and have admission privileges at a local Alabama hospital.” The bill also instructs the physician to encourage a girl age 16 and under having the abortion to reveal the name of the father. Abortions on a child 14 year olds or younger must be reported to the Alabama Department of Human Resources (DHR). The physician must also give his name and telephone number to patients so that they can contact him if they experience any complications. The bill also stipulates that nurses involved in assisting abortions must be professional Rns or LPNs. Section Six of the bill describes the safety codes. McClurkin said that the bill holds Alabama abortion providers to just the common codes that ambulatory surgery centers have to abide by. McClurkin said that the bill makes sure that professionals are the ones performing abortions.

Rep. Patricia Todd (D) from Birmingham said that this bill is similar to a bill that was passed in Mississippi. Mississippi had five abortion clinics, now they have just one. Todd asked if existing clinics would be granfathered in.
Rep. McClurkin said, “They would have to meet the standard.”

Todd said, “I know where you are and where your belief is.” Rep. Todd said that the reality is that ever since this passed in 1973 there have been efforts to undermine the Roe v. Wade ruling. “The reality is that if this passes the clinics that exist in Alabama will go out of business. I am sure that you are happy with that.”

Rep. Terri Collins (R) from Morgan County said that she has been very active in her local community in Sav-a-life. “I agree with Todd that this will restrict access to abortions and I am pleased with that.”

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Rep. Merika Coleman Evans (D) from Fairfield said that she believed that there would be unintended consequences from this bill and questioned how long it would take for an abortion doctor to get admissions privileges at a local hospital. “How long would it actually take for them (abortion doctors) to be able to continue to operate?”

Rep. April Weaver (R) from Shelby County said, “Every hospital has their own rules and regulations as defined by their bylaws. The hospital runs background checks, checks past employment, and has monthly credentialling meetings. As far as timeliness it shouldn’t be an issue at all.” Weaver said that any doctor will be able to get privileges in 90 days while the bill is waiting to go into effect.

Rep. Ed Henry from Decatur thanked Rep. McClurkin for bringing the bill. “I work in healthcare and I see the standards that we have to comply with.” Henry said that abortion clinics should have to operate under the same standards.

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Rep. Alvin Holmes (D) said, “Personally I am against abortion.” Holmes said his advice to a girl or woman in his family would be against having an abortion but if that person choosed to have an abortion he would support that decision 100%. “This bill is too restrictive.”

Rep. Collins said, “A great day at Sav-a-life is when you talked to someone and they made God the priority in their life.” When a 12 year old came in that is a bad day. Collins said that she had provided post abortion counseling to a woman who could hear the baby that she aborted crying at night.”

An amendment introduced by Rep. Joe Hubbard (D) from Montgomery to prevent hospitals from barring a doctor who performed abortions from being denied admitting privileges if they met all the other standards was rejected by the House.

McClurkin said, “I don’t think we want to be in the business of administrating hospitals.”

Rep. Mary Moore (D) from Birmingham said, “This bill is a carbon copy of the Mississippi bill. The purpose of this bill is to close abortion clinics in this state.”

Following passage Rep. McClurkin said on Facebook, “What a wonderful night! Here I am as the Women’s Health and Safety Act passed 73-23. Thank you to my friends who supported me with your thoughts and prayers.”

The bill now moves to the Alabama Senate. This bill is part of the “We Dare Defend Our Rights Agenda” proposed by the Alabama House Republican Caucus.

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National

Lawmaker files bill to ban treatments for transgender kids

Jessa Reid Bolling

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Republican Wes Allen, R-Troy, filed a bill to prevent doctors from providing hormone replacement therapy or puberty suppressing drugs to people younger than 19 who identify as transgender.

HB303, the Alabama Vulnerable Child Compassion and Protection Act,  would make it a Class C felony, punishable by up to 10 years in prison, for doctors to prescribe puberty-blocking medications or opposite gender hormones to minors. Allen’s legislation would also ban hysterectomy, mastectomy or castration surgeries from being performed on minors.

“I was shocked when I found out doctors in Alabama were prescribing these types of drugs to children,” Allen said in a news release. “This is something you hear about happening in California or New York but it is happening right here in Alabama and it’s time we put a stop to that practice.”

Allen said that children experiencing gender dysphoria are struggling with a psychological disorder and that they need therapeutic treatment from mental health professionals instead of medical intervention that would leave their bodies “permanently mutilated.” 

“These children are suffering from a psychological disorder, just as someone who is suffering with bipolar disorder or schizophrenia but we treat those patients and try to help them. We should treat these psychological disorders as well.”

In 2018, a policy statement from the American Academy of Pediatrics (AAP) said that:

  • “Transgender identities and diverse gender expressions do not constitute a mental disorder; 
  • Variations in gender identity and expression are normal aspects of human diversity, and binary definitions of gender do not always reflect emerging gender identities; 
  • Gender identity evolves as an interplay of biology, development, socialization, and culture; and
  • If a mental health issue exists, it most often stems from stigma and negative experiences rather than being intrinsic to the child”

The World Health Organization (WHO) announced in 2018 that it was removing “gender identity disorder” from its global manual of diagnoses and reclassify “gender identity disorder” as “gender incongruence,” which is now listed under the sexual health chapter rather than the mental disorders chapter. 

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In a 2018 interview, Dr. Lale Say, a reproductive health expert at the WHO, said that gender incongruence was removed from the list of mental health disorders because “we had a better understanding that this was not actually a mental health condition and leaving it there was causing stigma. So in order to reduce the stigma, while also ensuring access to necessary health interventions, this was placed in a different chapter.”

In 2012, the American Psychiatric Association revised the Diagnostic and Statistical Manual of Mental Disorders (DSM) to remove the term “gender identity disorder” from the manual and add the term “gender dysphoria.”

Allen’s bill will be considered by the Alabama House of Representatives in the coming weeks.

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Elections

Doug Jones raises $2.4 million in first fundraising period of 2020

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U.S. Sen. Doug Jones, D-Alabama, raised $2.4 million in the first fundraising period of 2020, according to his reelection campaign, which was $500,000 more than he raised during the fourth quarter of 2019. 

Jones has $7.4 million cash at hand, according to his campaign, which released the totals on Thursday. Jones’s latest campaign finance reports weren’t yet posted to the Federal Election Commission website on Thursday. 

“Alabamians across the state are showing their commitment to Doug’s message of One Alabama and his proven track record of standing up for all Alabamians,” said Doug Turner, Senior Advisor for Jones’s campaign, in a statement Thursday. Doug’s work to support working families, fund our HBCUs, modernize our military and expand and protect our health care is resonating with folks throughout Alabama. We are well-positioned to continue to grow our grassroots support and win in November.” 

Jones ended 2019 leading all of his Republican contenders in fundraising, ending the year with $5 million in cash.

 

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Courts

Alabama Democratic Party lawsuit was back in court on Thursday

Josh Moon

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The dispute goes on forever and the lawsuit never ends. 

A Montgomery County Circuit Court judge on Thursday delayed a decision on whether he has the standing to settle an internal dispute within the Alabama Democratic Party but indicated that he’s leaning towards ruling that he does. 

Judge Greg Griffin said he would rule soon on the matter, but made no promise that the decision would come before Alabama’s primary elections on March 3. 

Thursday’s hearing was the latest in the seemingly endless fight over control of the ADP and was the next step in a lawsuit brought by former ADP chairwoman Nancy Worley. Worley and her supporters, which have proven to be a decided minority of the State Democratic Executive Committee, filed the lawsuit late last year after the Democratic National Committee invalidated her re-election as chair and forced the party to change its bylaws and hold new elections. 

Those new elections resulted in Rep. Chris England being elected as party chairman and former Rep. Patricia Todd being elected vice-chair. The new party leadership has the backing of the national party, which pulled funding from ADP because Worley and others refused to rewrite the state party’s bylaws to be more inclusive. 

Worley filed her initial lawsuit prior to the elections in which she was booted out of her position, and Griffin, who was widely criticized for his handling of the case, granted a temporary restraining order that prevented the Reform Caucus of the ADP from meeting. That decision by Griffin was immediately overturned by the Alabama Supreme Court, in a rare, late-Friday evening emergency ruling. 

However, the ALSC did not rule on whether Griffin had standing to settle a dispute within the state party. The court left that question up to Griffin, which was why Thursday’s hearing was held. 

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The entire thing seems to be an exercise in futility at this point. 

The ADP has moved on, with England certifying candidates and DNC officials clearly recognizing him as the rightful party chair. The DNC has no desire to work with Worley, who was stripped of her credentials for failing to follow directives and bylaws of the party. 

Even if Griffin creates a reason to invalidate England’s election, it doesn’t seem to matter much. The DNC has validated it, and it accepted the ADP’s new bylaws and changes to leadership structure. 

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If Worley were to prevail in court, it’s unclear exactly what she would win.

 

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House

House passes landfill bill allowing alternative materials as temporary cover

Brandon Moseley

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The Alabama House of Representatives passed a bill Thursday to change the statutory definition so that temporary “cover” in landfills can be a material other than “earth.”

House Bill 140 is sponsored by State Rep. Alan Baker, R-Brewton.

The bill allows landfills to use alternative daily covers in place of earth to cover landfills until the next business day. “The EPA has allowed this since 1979,” Baker said. It would save landfills the cost of using earth for daily cover.

“This does not change anything in the operating rules for landfills,” Baker said.

A number of members from both parties expressed concerns about this bill on Tuesday, so the bill was carried over until Thursday.

Speaker of the House Mac McCutcheon told reporters, “Sometimes in a debate you can see that the debate is not a filibuster or anti-debate; but rather is an honest effort by members to understand a bill.”

“There was a lot of misinformation out there,” McCutcheon said. The Environmental Services Agency and ADEM were brought in to explain the members and address their concerns.

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McCutcheon said that human biosolids is a separate issue and that Rep. Tommy Hanes has introduced legislation dealing with that issue.

Alternative daily cover is often described as cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day. It is utilized to control vectors, fires, odors, blowing litter, and scavenging. Federal and various state regulations require landfill operators to use such earthen material unless other materials are allowed as alternatives. (Mitchell Williams writing on Oct 31 in JDSUPRA)

Soil cover can use valuable air space. Further, it can generate the need to excavate and haul soil to the facility. Alternative daily covers are often advocated to be a more efficient and cost-effective means of cover. (Williams)

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Baker said that it would be up to ADEM (the Alabama Department of Environmental Management) in the permit whether to allow a proposed alternative cover or not.

Baker said, “This bill does not change any of the materials used as cover.” “This would keep us from having to use that good earth in landfills when other materials are available. If it becomes a nuisance ADEM can revoke a cover on the permit. Daily cover has to be approved at the discretion of ADEM.”

Baker said that only materials not constituted as a risk to health or are not a hazard can be used.

An environmental attorney shared the list of ADEM alternative covers with the Alabama Political Reporter. The list includes: auto fluff, excavated waste, synthetic tarps, coal ash, petroleum contaminated soil, automotive shredder residue, shredder fluff, wiring insulation, contaminated soils, paper mill (including wood debris, ash shaker grit, clarifier sludge, dregs, lime), 50% on-site soil and 50% tire chips, spray-on polymer-based materials, reusable geosynthetic cover, automobile shredder fluff, tarps, foundry sand, clay emulsion known as USA Cover Top clay emulsion, non-hazardous contaminated soil, non-hazardous solid waste clarifier sludge, steckle dust all generated from Nucor Steel Tuscaloosa Inc., non-coal ash from Kimberly Clark operations, lagoon sludge from Armstrong World Industries operations, meltshop refractory material from Outokumpu Stainless USA operations, paper mill waste (non-coal ash, slaker grits, dregs, and lime), biodegradable synthetic film, fly ash, residue from wood chipper or paper, slurry with a fire retardant and tactifierl,Posi Shell Cover System, waste Cover, foundry waste, 50% soil and 50% automobile shredder fluff, incinerator ash, green waste to soil
Sure Clay Emulsion Coating, alternative cover materials (manufactured), compost produced by IREP Montgomery-MRF, LLC, 50% saw dust mixed with 50% soil, and waste soils considered to be special waste.

McCutcheon said that members did not understand that these were just temporary covers. That was explained to them.

Alabama landfills have used alternative covers for years; but three people sued saying that this was not allowed under Alabama law and that ADEM had exceeded its mandate by permitting alternate covers. On October 11, 2019 the Alabama Court of Civil Appeals found in favor of the plaintiffs.

HB140, if passed, would address this oversight in the Alabama legal code so that ADEM and the landfills can legally continue to use alternate covers and not have the added expense of quarrying dirt for daily cover.

A Senate version of the same bill received a favorable report last week from the Fiscal Responsibility and Economic Development Committee.

HB140 now goes to the Alabama Senate.

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