By Brandon Moseley
Alabama Political Reporter
On Tuesday, July 14, Congress members Bradley Byrne (R-Montrose), Martha Roby (R-Montgomery), and Robert Aderholt (R-Haleyville) issued statements in response to the announced nuclear agreement between the United States, Iran, France, China, United Kingdom, Russia, and Germany.
US Representative Bradley Byrne said: “From the start of these talks I have warned that President Obama and his negotiating team were desperate for a foreign policy victory, and I fear the safety of Americans and our allies in the Middle East will be at greater risk because of this deal.”
Representative Robert Aderholt posted on Twitter, “I am skeptical on the ?#?IranDeal + fear lifted sanctions will fund instability in the Middle East. As the saying goes, the devil will be in the details.”
Congresswoman Roby said, “We’ve known for weeks now that Secretary Kerry and negotiators have been back-peddling, but I had hoped that by speaking out we could encourage them to strengthen their adherence to American interests. Unfortunately, that hasn’t worked.”
Rep. Byrne said, “Iran is no friend of the United States, and we should all be concerned about what they will do with billions of dollars in sanctions relief. Even Joint Chiefs of Staff Chairman General Martin Dempsey has stated that sanctions relief would allow Iran to send more money to terrorist groups in the Middle East.”
Rep. Roby said, “The Obama Administration has insisted for years that Iran does not have a right to enrich uranium and that any lifting of sanctions would come with requiring Iran to acknowledge and dismantle their nuclear weapon program. What was announced today fails to meet even those basic objectives, and Americans should be very disappointed that President Obama and Secretary Kerry abandoned their own goals to strike a deal with Iran.”
Rep. Byrne said, “Congress will now have an opportunity to closely scrutinize and vote on this agreement, and I call on my colleagues to look past the short-term rhetoric and instead focus on the long-term implications this deal could have on our national security and the safety of our allies abroad.”
Rep. Roby warned, “More broadly, I fear this deal will work to aggravate an already dangerous and volatile region. It’s no secret that Iran is the world’s foremost state sponsor of terrorism. I fear this deal will only embolden those efforts with little more than hope that they’ll change their ways. Today, Iran’s decades of hostility and deception has been rewarded with a plum deal that ensures they’ll have a nuclear weapon before long. The message that sends to other rogue nations is dangerous and alarming.”
Congressman Byrne’s office said that when the Defense Intelligence Agency briefed the Armed Services Committee earlier this year, they stated in no uncertain terms that, “…Iran’s goal is to develop capabilities that would allow it [to] build missile-deliverable nuclear weapons… The regime faces no insurmountable technical barrier to producing a nuclear weapon, making Iran’s political will the central issue.”
Rep. Bradley Byrne said before the announcement, “This is not a negotiation. America is being played by the Iranians, and it is time for us to say that this is a bad deal, get away from it, and use our economic sanctions to keep the Iranians from getting a nuclear weapon. Time is not on our side in this matter. It is time for us to act decisively to keep the Iranians from getting a nuclear weapon.”
Rep. Roby said, “Congress has 60 days to review this deal and render its judgment. We must use this time to inspect this agreement carefully and judge it based on what was promised to Congress and to the American people.’ “I believe my colleagues on both sides of the aisle must prepare to stand up and assert our authority to stop a potentially bad deal from going forward on behalf of the American people.”
The Director of the American Center for Law & Justice President Jay Sekulow wrote, “The agreement reached between the United States and Iran is “unconscionable” because it leaves Pastor Saeed, a U.S. citizen, behind – imprisoned in Iran because of his Christian faith. It is unconscionable that the Obama Administration would sign a deal with Iran without securing the freedom of Pastor Saeed who has been imprisoned for nearly three years simply because of his Christian faith.”
Sekulow continued, “President Obama told the Abedini family face-to-face that he considered the release of Pastor Saeed a ‘top priority.’ How could that be a “top priority” when a deal is reached and Pastor Saeed is left behind? What happened today makes a bad deal even worse. We will now focus our attention on convincing Congress to reject this deal.”
Naghmeh Abedini, the wife of American Pastor Saeed, said that she is deeply disappointed with Tuesday’s outcome: “I plead with Congress to ensure that my husband, an American citizen, is not left behind. With the announcement of a deal and yet silence as to the fate of Saeed and the other Americans held hostage in Iran, their fate lies now in the hands of Congress. I plead with each member of Congress to review the deal with our family at the forefront of their thoughts. Congress holds the key to bringing my husband home, to returning the father to my children. My children have desperately missed the loving embrace of their father for the last three years of their lives. They have grown up almost half of their lives without their father. Please help us ensure the remainder of their childhood includes both a mother and a father.”
Sekulow said, “Congresses has a voice, a choice to approve this deal and abandon the Americans or to reject the deal and demand Iran free the Americans. We’re working directly in Congress, demanding Members of Congress vote to reject the deal. Already the House of Representatives and Senate have voted unanimously to demand Iran release Pastor Saeed and the other wrongfully imprisoned Americans. Now those same Members of Congress will have the opportunity to reject any deal until those American’s are freed.”
The Speaker of the US House of Representatives John Boehner (R-Ohio) issued his own statement after the Obama administration announced a final agreement in nuclear negotiations with Iran: “At the outset of these talks, the Obama administration said it would secure an agreement that affirmed Iran does not have a right to enrich and permanently dismantles the infrastructure of its nuclear programs. It said that sanctions would not be lifted until Iran met concrete, verifiable standards. And if these terms were not met, the president promised he would walk away.”
Speaker Boehner continued, “The American people and our allies were counting on President Obama to keep his word. Instead, the president has abandoned his own goals. His ‘deal’ will hand Iran billions in sanctions relief while giving it time and space to reach a break-out threshold to produce a nuclear bomb – all without cheating. Instead of making the world less dangerous, this ‘deal’ will only embolden Iran – the world’s largest sponsor of terror – by helping stabilize and legitimize its regime as it spreads even more violence and instability in the region. Instead of stopping the spread of nuclear weapons in the Middle East, this deal is likely to fuel a nuclear arms race around the world.”
Speaker Boehner vowed, “The House of Representatives will review every detail of this agreement very closely, but I won’t support any agreement that jeopardizes the safety of the American people and all who value freedom and security. This isn’t about Republicans versus Democrats. It’s about right and wrong. And we will fight a bad deal that is wrong for our national security and wrong for our country.”
Congressman Bradley Byrne represents Alabama’s First Congressional District, and Robert Aderholt represents Alabama’s Third Congressional District. Congresswoman Martha Roby represents Alabama’s Second Congressional District.
House passes General Fund Budget
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.
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.
Day Care bill delayed for second time on Senate floor, may be back Thursday
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.
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.
Fantasy sports bill fails on Senate floor
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.
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.
House OKs bill to clarify consulting contracts by state legislators
By Brandon Moseley
Alabama Political Reporter
Tuesday, the Alabama House of Representatives passed a bill to try to clarify how legislators accept consulting contracts under Alabama’s 2010 ethics law. Some pundits have suggested that House Bill 387 is actually designed to weaken the existing ethics law.
Sponsor state Rep. Rich Wingo, R-Tuscaloosa, argues that the legislation is merely a clarification and is intended to prevent legislators from inadvertently crossing the line into illegality.
Wingo said that his bill would require legislators to notify the Alabama Ethics Commission that they have entered into a consulting agreement in an area outside of their normal scope of work.
State Rep. Paul Beckman, R-Prattville, said, “I have never understood why members of this body were allowed to take contracts as consultants or counselors.”
Wingo said, “Never do I use the word counselor in my bill; it is consulting.”
Beckman asked, “Are we going to be getting into an area where every time we turn around we create a bureaucratic nightmare where we have to go get an opinion. These opinions whether it is orally or written don’t hold up in a court of law.” Beckman said, “We are serving the people here but we get this admonition that we can still be a consultant if we get an opinion.”
Wingo said, “This does not apply to professions where a member is currently licensed.”
Beckman said, “I would like to see more opinions coming out of the Ethics Commission. Right now we have the Ethics Commission competing with the Attorney General’s office over who has more authority.”
State Rep. John Rogers, D-Birmingham, said,”This happened to a friend of mine. He just got out of prison. He was a state senator and had a written letter from the Ethics Commission which his lawyer read at trial and the jury convicted him anyway.”
Rogers never named his friend, but reporters think he was talking about former state Sen. Edward Browning ‘E. B.’ McClain who spent over 22 years in the legislature until he was convicted on 47 counts of conspiracy, mail fraud, bribery, and money laundry in 2009.
A federal jury found that McClain and the Rev. Samuel Pettagrue were guilty in a scheme where McClain would secure public funds for Pettagrue’s community programs and then receive a kickback once the funds were in hand. McClain was sentenced to five years and ten months in prison. McClain was not prosecuted under the Alabama ethics law as the state has a much weaker ethics statute then. The current ethics law was passed in 2010.
Rogers said, “If they offer me a consulting contract for a field like aerospace engineering that I know nothing about they are trying to pay me off. If you can already be a consultant for something you know about why would you seek a consulting contract for something you don’t know about.
Rogers this is how they can pay you off for your vote.”
State Rep. Artis “A.J.” McCampbell said, “I don’t like making changes to things like this because we get into things called unintended consequences.”
McCampbell was reading from the bill and Wingo said, “You are reading from the original version it has completely changed.” “We worked tirelessly on this bill with the Ethics Commission this is not a fly by night bill.”
“If a member of the legislature enters into a contract to do a consulting contract outside of their normal field of work this bill requires that they consult with the Ethics Commission first,” Wingo said. “It is up to the member to notify the Ethics Commission not to the company or person offering them the money.”
State Representative Pebblin Warren, D-Tuskegee, said, “Everybody but legislators are allowed to do contract work up to $30,000.”
Rep. Wingo said, “This is not intended to be a roadblock.”
State Representative Arnold Mooney, R-Indian Springs, said, “The whole purpose of this is not to prevent members from doing work in your field.” “What you are doing is offering to protect me.”
State Representative John Knight, D-Montgomery, asked Wingo what the Alabama Attorney General said about this legislation.
Wingo replied, “I have not contacted the Attorney General.”
Knight responded, “Something from the Ethics Commission does not carry a lot of protection from the Attorney General. We have seen that in the past. I think the Attorney General and the Ethics Commission should be in agreement in the working on this.”
Wingo answered, “Maybe this is a first step.”
Rep. Laura Hall, D-Huntsville, asked, “Do we have anybody doing work outside of their regular scope of work?”
Wingo answered, “Yes I think so.”
Wingo said, “If we had had this bill four or five years ago maybe we could have been spared the embarrassment that this body experienced with the former Speaker.”
Wingo was referring to former Speaker of the House Mike Hubbard who was convicted of 12 counts of felony ethics violations in June 2016. Ironically, Hubbard is largely responsible for creating the ethics law that he was found guilty of violating 11 times in his relentless pursuit of outside contracts and personal wealth.
Unlike McClain, however, Hubbard has not yet served any of this sentence.
House Bill 387 passed 67-0 with 26 legislators abstaining.
The bill now moves to the Senate for its consideration.
(Original reporting by the Alabama Media Group’s Lisa Osborn in 2009 was consulted in this report.)
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