By Brandon Moseley
Alabama Political Reporter
Republicans run for office promising limited government and lower taxes. Alabama is a State government run almost entirely by Republicans. The state has a Republican Governor, Lt. Governor, State Supreme Court, and overwhelming Republican Supermajority in both houses of the State legislature. But instead of downsizing Alabama government and lowering everyone’s taxes, Alabama Governor Robert Bentley is actually demanding that Republican legislators raise taxes on the people of Alabama by hundreds of millions of dollars.
Governor Bentley said, “We have spent the last four years making government operate more efficiently and effectively, saving taxpayers over $1.2 billion annually. As we begin the 2015 Legislative Session, one of the most serious issues we face is the funding of our State’s General Fund. We have debts that must be repaid, and we must help our two largest agencies, Medicaid and Corrections, with funding increases. I am presenting a plan that will increase revenue for the General Fund and make taxes more fair and equitable for everyone.”
The Governor’s Revenue Plan includes eight tax increases totaling $541 million. The Governor is also proposing un-earmarking $187 million to help prop up the troubled General Fund. Many in the legislature have expressed skepticism over the Governor’s claims that the state can not be further downsized.
Gov. Bentley addressed 150 corporate leaders at the Harbert Center and said, “Without new revenue we will never be able to pay off our debts and get our State on solid financial ground…I know it’s difficult to talk about raising taxes. But the revenue solution I have proposed is about tax fairness…If the hardworking people of Alabama pay their share of taxes, so should large corporations….There is nothing more conservative than paying off your debts and getting your fiscal house in order…And I need you all to help convince the Legislature that we must have new revenue if we are ever going to get our state out of debt and get our financed in order.”
There is enormous opposition to Gov. Bentley’s proposals.
Deanna Frankowski, Coordinator of the Alabama Constitutional Conservatives stated, “That while there appears to be a shortfall in monies for fiscal year 2015, Conservatives do not support Governor Bentley’s $541 million proposed tax increases. First and foremost, measures should be taken to combine agencies, cut waste, un-earmark monies, etc. prior to any thought of a tax increase. Two agencies in particular, the Public Service Commission and Auditor have managed to cut spending and reduce costs while at the same time running their agencies without missing a step. Our group also does not espouse to the fact that Governor Bentley suddenly woke up after the November, 2014 elections and realized that we were in debt and that future revenues were not going to be enough to fund the various agencies and programs in the State of Alabama. The more we “kick the can down the road” the longer it hangs around and by that we mean that we continue to raise taxes prior to taking the necessary steps to make sure all agencies and funding is proper and necessary!”
In an Alabama Policy Institute (API) release, noted conservative economist Steve Moore questioned the thinking behind said, “The problem with the Alabama budget right now is that the state is not growing fast enough, not enough jobs are being created. If you raise taxes on the business creators and on the workers, and on the investors, you’re going to get less businesses and you’re going to get less workers, and less investors. Under that kind of circumstance, you’re actually going to have higher unemployment, so I don’t get the logic behind raising taxes to try to balance the budget.” Moore suggested that the state should be working toward abolishing it’s state income tax not raising the tax burden on the people of Alabama.
Public Service Commission (PSC) President Twinkle Andress Cavanaugh has said that the state does not need more money. Cavanaugh said recently that he job as President of the PSC is to make things better for job growth in Alabama. “You don’t do that by having higher taxes,” Cavanaugh said.
A new group has arisen to support Governor Bentley’s policies: the Alabama Council for Excellent Government announced that it, “Promotes public policies that give Alabamians a more effective, efficient, accountable and excellent government. ACEGov supports Governor Bentley in his efforts to solve real problems and to make Alabama greater and stronger for all the hardworking men and women who call this Great State our home…Governor Robert Bentley has made the bold decision to identify, address and solve those problems rather than prolong them with temporary, quick-fixes. And he has presented Alabamians and Alabama Lawmakers with real solutions…The men and women we elect to represent us have a duty to lead our State to be even greater than it is today. We must expect our State leaders to face challenges head on, make tough decisions and do what’s necessary to create an environment where jobs can be created, where children have an opportunity to get a good, quality education beginning at an early age, and where government operates efficiently and effectively to serve the hardworking taxpayers.”
Addressing the Governor’s tax proposals will be one of the first priorities of the legislature when it returns from Spring Break. A public hearing is scheduled for April 1 on the controversial tax policies.
Alabama lawmakers advance bill banning transgender athletes in K-12 sports
A House committee voted Wednesday to advance a bill that would ban transgender teenagers from playing on the sports teams of the gender they identify with.
House Bill 35, titled the Gender Is Real Legislative Act, or GIRL Act, would require student-athletes in K-12 schools to participate as the gender listed on their birth certificate, preventing transgender athletes from competing as the gender they identify as.
Sponsored by Rep. Chris Pringle, R-Mobile, the bill passed the House State Government Committee on an 8-4 vote. The bill will now go to the full House.
The bill, according to Pringle, is aimed at preserving the accomplishments of women and to prevent women from having to compete against athletes who were born male.
“Gender is real. There are biological differences between boys and girls that influence athletic performance,” Pringle said in a statement. “The GIRL Bill seeks to support female student-athletes, so that they may compete against each other and not have to compete against male students with an unfair advantage.”
Opponents say that HB35 was born out of prejudice against transgender youth rather than seeking to protect women in athletics.
Carmarion D. Anderson, Alabama state director of the Human Rights Campaign (HRC), an LGBTQ+ rights organization, called the bill a “political advertisement” with no supporting evidence
Anderson said she believes this bill will do harm to young transgender youth by segregating them from competing in sports events, further contributing to the ostracization trans youth feel in society.
“We’re concerned about a student’s mental health when they cannot participate in the sports that are comfortable for them, and the level of dysphoria they already face when they are transitioning,” said Anderson.
Anderson also said that while it is unfortunate that this bill passed the committee, HRC will be at the forefront to try to see the bill defeated.
The bill now heads to the full House.
Legislation may harm pets locked in hot cars, not help, vets and advocates say
A bill passed by the Alabama Senate last week lawmakers say will help keep pets trapped in hot cars safe, might actually endanger the animals, according to some animal advocates and veterinarians.
That bill was written by a dog breeder who some worry purposefully wrote the bill to make it harder to keep animals safe, and to instead protect breeders from having animals confiscated, they told APR this week.
Mindy Gilbert, The Human Society’s Alabama state director, told APR by phone on Tuesday that she’s certain that the senate bill’s sponsor, Alabama Sen. Jimmy Holley, R-Elba, “does have good intentions, but I think the devils in the details.”
Several attempts this week to reach Rep. Holley were unsuccessful.
The bill would grant criminal immunity to a civilian who rescues an animal from a vehicle, and would provide civil and criminal immunity to first responders who do so. The legislation also makes it a misdemeanor crime if a pet dies in a hot car.
Gilbert said that while those might also sound like great ideas, the bill would actually reduce criminal penalties for allowing a pet to die in a hot car.
“Our current cruelty statute, which has been used in cases like this, would define that as a class C felony,” Gilbert said.
A Trussville woman in 2018 was charged with felony aggravated cruelty to animals for leaving her dog in a locked car while shopping in Walmart. The dog died after police broke out a window and removed the distressed animal.
The bill also states that the ambient temperature of the interior of a vehicle must be 99 degrees or hotter to be charged under the legislation.
Gilbert said she’s spoken with numerous veterinarians who all said that 99 degrees is too hot to be safe for pets trapped in cars.
Gilbert said that for many breeds of pets, and pets with compromised health, “that requirement in order to rescue them will absolutely sentence them to death,” and there are other aspects of the bill that trouble her.
“I think everybody was very focused on providing immunity to first responders, which I think is fabulous,” Gilbert said of the legislation, but worried that it doesn’t include animal control personnel in its definition of public safety officials and covered by the bill’s immunity clause.
Holley’s legislation defines public safety officials as “An individual employed by a law enforcement agency, fire department, or 911 emergency service.”
Dr. Mark Colicchio, a veterinarian in Spanish Fort, reached out to Sen. Holley and all of the members of the state Senate Judiciary Committee about his concerns with the bill prior to its passage in the senate. Holley put Colicchio in touch with the man he said wrote the bill, Norman Horton.
Colicchio said he spoke to Horton, owner of the Dale County german shepherd breeding company Triple S Shepherds, at length about his concerns, but that none were addressed in the final legislation.
“There are a lot of temperature references in there which make no sense whatsoever,” Colicchio said.
Colicchio said he spoke with Horton about the bill’s language that required the ambient temperature of the interior of a vehicle to be 99 degrees or higher before a person could be charged. He said he told Horton that there’s no practical way for a public safety official to measure the ambient temperature inside a locked vehicle from outside, to which he said Horton suggested they call carry digital temperature readers.
Such devices measure surface temperatures, and wouldn’t be able to read the temperature inside a locked car, Colicchio said.
After speaking with veterinarians at Auburn University’s College of Veterinary Medicine Cholicchio said they looked at data that suggested that if the outside temperature of a vehicle, which can be more easily measured, was 78 degrees an animal trapped inside with no ventilation could be in jeopardy.
Colicchio said he suspects the legislation was purposely written to protect owners from having their animals taken from them in the event they’re left in hot cars.
“He doesn’t want breeders to risk having their valuable dogs stolen out of the car because somebody thinks they’re at risk,” Colicchio said. “…When you structure a law to benefit yourself, and animals suffer for it, that just gets to me.”
Horton, speaking by phone Wednesday, told APR that he wrote the bill to protect animals and to establish the proper way to rescue an animal in distress.
“This is America, and this is Alabama, and if someone’s gonna be guilty of a crime or charged for a crime then they need to have committed that crime” Horton said.
Horton said “we don’t need vigilante justice” so he wrote the bill to make clear how best to enter a vehicle if an animal is in need of help.
Asked how he decided that 99 degrees inside a vehicle was the temperature at which a pet was in danger, Horton said “I got the figure after talking to several veterinarians.”
Asked which veterinarians he spoke to get that figure, Horton said “that’s immaterial” and declined to name them.
Horton likened the matter to speed laws, and said while some speed limits are set at 70 MPH, some people, such as police officers, can drive safely at speeds up to 113mph.
Asked why the bill doesn’t include animal control officers in the immunity protections, Horton said that “it does.”
Horton pointed to the bill’s language that defines public safety officials as “An individual employed by a law enforcement agency” and said “go to Tuscaloosa. Go to any of the cities around, and animal control officers are employed by the police department. They’re sworn officers.”
Some animal control officers who work in municipal law enforcement agencies are sworn officers, Gilbert said, but many are not, and in the counties, where animal control is operated as stand-alone agencies, animal control officers are not sworn officers and wouldn’t be immune from prosecution under the legislation.
Asked why his bill didn’t include all animal control officers, whether they were sworn officers working in law enforcement agencies or not, Horton suggested that it was to ensure owners could be charged with crimes
“Do we want to charge for the crime when they do something like this or just let them go?” Horton said.
Horton declined to answer a question about the bill’s language that limits the charge of killing an animal in a hot vehicle to a misdemeanor and soon after ended the interview.
“It’s not to help the animals,” Colicchio said of the legislation. “That’s the wolf in sheep’s clothing.”
It was unclear Wednesday if Holley’s bill had a sponsor in the state House. There were no similar bills filed Wednesday, according to the state Legislature’s website.
Senate Committee approves medical marijuana bill
Wednesday, the Senate Judiciary Committee gave a favorable report to a bill that would allow Alabama residents to obtain medical marijuana on an 8 to 1 vote. Senate Bill 167 was sponsored by State Senator Tim Melson (R-Florence).
SB167 would create a tightly regulated network of state-licensed marijuana growers, dispensaries, transporters, and processors. Patients would have to get a recommendation for the drug from their physician. Only physicians who have received the approved training would be able to dispense the cannabis-derived treatments. There would be no smokable products allowed and consumer possession of marijuana in its raw natural form would remain illegal in the state.
Sen. Melson is a retired anesthesiologist who now works in medical research.
“I would not have carried this bill three or four years ago,” Melson said. But there is a growing body of medical evidence that there are medical benefits.
Melson said that while this bill does have provisions for growing and processing marijuana in states there is also, “An option for it to come from outside.”
Melson said that under this bill we will know what is being grown, being processed, and reaches the consumer. The medical association will recommend the training and the education component for the physician. Patients will be issued a medical cannabis card. “The card will not be good in other states.”
Melson said that Alabama dispensaries will not accept out of state medical cannabis cards except one time a year they can get a one-time emergency order. The number of dispensaries will be limited to 34 total. Patients will be allowed to get just a 70-day supply. There is no smoking and no vaping. People in rural areas will have to go far to get one of the dispensaries. There is a, “Balancing act between convenience and safety. There are fifteen qualifying conditions.”
Rick Hagans is a minister with Harvest Evangelism, which runs Christian rehabs for both men and women drug addicts.
“The gateway that led to methamphetamines and opioids began with marijuana,” Hagans said. “We have found in forty years of work that it is a gateway drug.”
Hagans dismissed the medical benefits claims, “Medical profession said the same thing with opioids. I ask that you proceed with caution and concern. I get tired of burying your sons and daughters,”
“Thank you for giving us Leni’s Law, but it is not enough,” Christie Kaine said. “I am the Mother of a child with intractable epilepsy. We know from our research that there are other cannaboids that can help with Hardy’s condition, but they can not be used in Alabama due to the level of THC. If Hardy did not live in Alabama he could be seizure-free.
Caleb Crosby with the Alabama Policy Institute said, “It is a real issue and something has to be done about it. Our concern is unintended consequences.”
Crosby said that Republicans, “Run on small government, but this does the opposite.”
“We still have a litany of laws carried over from Prohibition one hundred years ago,” Crosby said. “You will not be able to get rid of all of these regulations and taxes.”
Cynthia Atkinson’s husband was longtime WSFA meteorologist Dan Atkinson, who was also on the Weather Channel.
“Dan had Parkinson’s for ten years,” Atkinson said. “The last five years he suffered from tremendous pain.” He had excellent doctors at the Mayo Clinic and Kirklin Clinic. They did their best.” Dan was prescribed Oxycodone, hydrocodone, lorazepam, and as he got progressively worse morphine. We learned that Israel has been studying cannabis since the 1950s. In 2015 we went to Colorado.” He used patches with 10 mg of CBD and 10 mg of THC. The leg cramps went away. We wanted to bring it back but couldn’t because of the law.
“The opioids and synthetic drugs were racking his body,” Mrs. Atkinson said. Dan passed away in 2017. I can’t help but think that if we lived in another state he could have lived to see his son graduate from Auburn and join the Space Force.
Captain Clay Hammac commands the Shelby County Drug Task Force
“Just because we do not put medical in front of marijuana does not make it medicine,” Capt. Hammac said. Under Alabama law, we already have Leni’s law and Carly’s law and there are cannabis-based medications that have been approved by the FDA.
Hammac warned that this was an “Incremental step toward the decriminalization of a multi-$billion industry. This bill should be before the Health Committee instead of the Judiciary Committee.”
“Law enforcement was never invited to the table to share our experience,” Hammac said of the Alabama Medical Cannabis Study Commission.
“A Harvard medical researcher was brought to the commission and virtually laughed out of the room,” Hammac said. “I stand with our Attorney General.”
Hammac blast the “casual way” that this has been handled.
“The reason this is before the Judiciary Committee instead of the Health Committee is that this is the most deliberative thorough committee in state government today,” Judiciary Committee Chairman Cam Ward (R-Alabaster) said. “That nature of the people on this Committee is why this is here.”
“The State has no authority to usurp federal law,” Hammac said.
“I want to make sure that everybody understands where I come from,” Dustin Chandler said. “My daughter Carly obtained CBD oil through Carly’s Law. My daughter was able to get relief through the CBD oil. Studies show that medical cannabis has medical benefits for many people.”
Lori Herring said, “I have been a nurse for 30 years.”
Herring said that the American Academy on Pediatrics opposes the legalization of cannabis. The American Medical Association does not endorse medical cannabis. The Multiple Sclerosis Society can not recommend cannabis as a treatment.
“The side effects, system effects, and long term side effects are not clear,” Herring said. “It has not been shown to be medically effective and could be dangerous. “It has only been approved for two severe forms of epilepsy. We don’t know what a pediatric dose, an adult dose, or a geriatric dose would be.”
Herring warned that marijuana can cause nausea and vomiting unrelieved by current nausea medication and has resulted in death. Legalization has led to increased emergency room visits, paranoia, schizophrenia, and psychotic breaks.
“The marijuana today is more addictive than marijuana in the past,” Herring said. “Legislators should not be taking the place of scientists.”
Dr. Alan Shackelford of Colorado said, “I have seen 25,000 patients in my practice in the last ten years. I doubt you will find anybody who has as much experience with patients than I do.”
Shackelford said that Marylin was a helicopters pilot in Iraq who was shot down and had severe injuries and PTSD did not have a job rarely left her house and now has a job at the VA helping other veterans and is married
Shackleford said that Mason is age 68 and has Parkinson’s. He could not move now he plays baseball and is a deacon in his church. He also said that he treated Charlotte, a girl with Dravet Syndrome with tremendous effect and now she is a healthy twelve-year-old.
“Not all of them are as dramatic as these,” Dr. Shackelford said. Arthritis, autism, PTSD, cancer, pain, Parkinson’s, chemotherapy-related nausea can all be treated with cannabis.
“The people of Alabama deserve the same access to treatment as people in 33 other states,” Dr. Shackelford concluded.
“A number of amendments have been worked out in the last couple of weeks,” Ward said.
The amendments were added and Ward advised Melson to incorporate all the amendments into a substitute to introduce when the bill is on the Senate floor.
The most notable amendment dealt with workmen’s compensation. An employee who is injured or killed on the job is ineligible to receive compensation if his death or injury was due to the employee’s impairment under medical cannabis.
SB167 received a favorable report on an eight to one vote.
Opinion | Alabama close to allowing hot dogs to be rescued
Most readers know that we’ve had a grumble of pugs for years. We lost four in the grumble last year. All of our dogs are rescues, and most of them have some disability: unable to walk well, blindness, incontinence, a perpetually crooked head.
And most of the pugs are elderly, so we expect to lose a few this year. Our youngest is Nellie Bly, at about 2 years old. We have a group of older pugs that are around 10-11 years old. Several came from puppy mills. One was surrendered to a vet tech when his owners took him to be put down because the owner’s granddaughter wanted a different dog (I know!). The veterinarian naturally was not going to euthanize a healthy animal, and about a week later, Peerey came to us.
Pugs are bred to do one thing: Sit with their humans, mostly on their laps or next to them on the bed. All of ours are bed pugs.They snore; we adore.
I say all of this to underscore that Veronica and I know not everto leave one of our dogs in a locked car, especially during the summer. But every year, we hear stories of the careless owners who leave their dog (or dogs) in the backseat of a vehicle while they run an errand. The errand takes longer than the owner thought, and heat builds in the car. Too often, that kills the pet, just like it does children, and that happens all too often as well.
As of 2019, 31 states had laws that either prohibit leaving an animal confined in a vehicle under dangerous conditions or provide civil immunity (protection from being sued) for a person who rescues a distressed animal from a vehicle.
Alabama – finally – is on the cusp of joining that group.
A bill (SB 67) sponsored by Sen. Jimmy Holley (R-Elba) will allow good Samaritans to rescue pets left in a car if they are clearly in danger from either the heat or cold. The bill provides criminal immunity to civilians and grants civil and criminal immunity to law enforcement officers who rescue an animal.
Important, too, is that bill prevents owners from leaving their animals in a vehicle in a manner that creates an unreasonable risk of harm. If they do, they can be charged with second-degree animal abuse.
It doesn’t take long for the situation in a vehicle to deteriorate, either.
Even on a mild day, the heat inside a car can go off the rails. According to reports, if the outside temperature is 70 degrees (f), the interior of a vehicle can heat up to 89 degrees in 10 minutes. After a half-hour, the interior temp can be 104 degrees. Of course, it’s much worse on hotter days.
At 80 degrees, a vehicle’s inside temperature is at 99 degrees; after a half-hour, the animal is trying to survive in a 114-degree oven. And at 95 degrees, not an unusual June, July, or August temperature in Alabama, the inside temp of a vehicle is about 130 degrees.
Humans can’t even survive long at those temperatures.
There are conditions before a good Samaritan can step up, but they’re not unusual in states that already have similar laws: Among them:
There are other conditions that make less sense, however. The bill as passed 33-0 by the state Senate requires the ambient temperature in the vehicle be 99 degrees or higher before a citizen or first-responder can intervene.
I can tell you that a half-hour in a car at 95 degrees will kill a pug; a Lab or Golden might survive that temperature for awhile, but remember, every minute the car’s interior is getting hotter. Pugs are brachycephalic – short nosed – and have trouble breathing outside at 80 or 85 degrees.
Other short-nosed breeds like English Bulldogs, French Bulldogs, and Boston Terriers, have the same issue. It’s one reason why they snort and snore, even in the winter.
Generally, we can tell when a dog locked in a car is distressed, and few good Samaritans are going to be carrying a temperature gauge with them.
Still, the House needs to pass this bill as soon as possible. Spring and summer aren’t that far off, and, no doubt, there will be animals to rescue.
Joey Kennedy, a Pulitzer Prize winner, writes a column every week for Alabama Political Reporter. Email: [email protected]
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