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Legislation to abolish office of the auditor to go before committee

Brandon Moseley

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The Alabama State Senate Governmental Affairs Committee will consider a proposed state constitutional amendment Tuesday that would abolish the office of state auditor.

Senate Bill 83 is sponsored by State Sen. Andrew Jones, a Republican from Centre.

State Auditor Jim Zeigler told the Alabama Political Reporter that he has requested a 14-day postponement to give the public a chance to be informed of the proposal, the opportunity to speak and a public hearing.

Zeigler sent the request for a hearing to committee Chairman Jimmy Holley, R-Elba, in writing.

The auditor started the investigation that eventually led to the resignation of Governor Robert Bentley. Zeigler has also help defeat controversial tax increases, Bentley’s proposed bond issue to build four new mega prisons, the $billion I-10 toll bridge across the Mobile River, and is presently rallying efforts to defeat Amendment One which would abolish the elected state board of education and replace it with a board chosen by the governor.

APR asked if SB83 was retaliation.

“I don’t know yet,” Zeigler said. “The irony is that the Mississippi auditor, who has much more power than the Alabama Auditor has, just exposed a $multi-million fraud.”

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APR asked: our second great grandfathers wrote the 1901 Constitution designing a system of government where executive power was divided between the Governor, the Attorney General, the Auditor, the Secretary of State, the Public Service Commission, the Commissioner of Agriculture, and the Treasurer. Is this an effort to weaken that system and increase power among increasingly fewer and fewer people?

“They should be strengthening the state Auditor: not trying to abolish it,” Zeigler said.

SB83 is set for consideration on Tuesday, February 11 at 1 p.m. before the Senate Governmental Affairs Committee in Room 825 of the Statehouse.

The Auditor’s primary function was to audit state agencies. The legislature took that power away from the Auditor’s office in 1939. Since then the Auditor has not actually overseen audits; but instead has been relegated to simply doing state property inventories. In 2013 legislation was introduced by State Representative Ed Henry (R-Hartselle) that would have restored the office of the Examiner of Public Accounts to the state Auditor’s purview. That failed in the legislature.

The Auditor’s office suffered drastic cuts during the Bentley Administration. Zeigler maintains that that was because Zeigler had filed ethics charges against Bentley. On Wednesday, APR asked State Finance Director Kelly Butler if Gov. Ivey’s budget request would restore the lost funding to the Auditor. Butler said that the Auditor is essentially being level funded.

Proponents of SB83 argue that the Auditor is no longer needed and that passing the legislation would be downsizing state government.

SB 83 is a constitutional amendment so to pass it would need three fifths majorities in both Houses of the legislature and then would have to be ratified by Alabama voters in November.

Zeigler is a former Public Service Commissioner. He is married to state school board member Jackie Zeigler.

There are twelve bills on the committee schedule.

Brandon Moseley is a senior reporter with eight and a half years at Alabama Political Reporter. You can email him at [email protected] or follow him on Facebook. Brandon is a native of Moody, Alabama, a graduate of Auburn University, and a seventh generation Alabamian.

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Senate pro tem requests general fund committee begin hearings in July

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Senate President Pro Tempore Del Marsh, R-Anniston, announced today that he has asked Senate Finance and Taxation General Fund Committee Chairman Greg Albritton, R-Range, to begin holding General Fund Committee meetings in preparation for the next session.

In an effort to be better prepared because of uncertainty in state revenue as a result of COVID-19 pandemic Senator Albritton has agreed with Senator Marsh and has invited Legislative Services, the Department of Finance, Pardons and Paroles, Corrections and the Personnel Department to provide updates to the committee.

“Typically, we begin this process closer to sessions however because of uncertainty about state income and possibility of special sessions, we felt like it was important to get started much earlier than usual in this process,” Senator Albritton said. “The Legislature has done an excellent job managing our budgets over the past few years. So much so that Alabama was able to weather the storm of the COVID-19 shutdown this year with little impact to our vital state services. We understand that we will not have final revenue projections until after July 15th, but we must continue to do our due diligence and ensure that we use taxpayer money sensibly.”

“We want to make sure that all public money is being used wisely, now and in the future,” Senator Marsh said. “We have many pressing issues facing the state such as a potential $2 billion-dollar prison reform proposal and a stunning lack of rural broadband investment which need to be addressed whenever the Legislature is back in session and it is our duty to make sure we are prepared and kept up to speed on these matters. Furthermore, the taxpayers deserve a clear and transparent view of how their money is being used.”

The hearings are scheduled to begin July 9 in the Alabama State House.

 

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Part-time employee in lieutenant governor’s office tests positive for COVID-19

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A part-time employee in Lieutenant Governor Will Ainsworth’s office, who the office said works only a handful of hours each week, tested positive for COVID-19 on Sunday, according to a press statement.

The employee, whose work area is separated from the rest of the staff, last worked in the office on the morning of Thursday, June 18.

All members of the office staff have been tested or are in the process of being tested for COVID-19 in response, and, thus far, no additional positive results have been reported.

In addition, the State House suite has been thoroughly cleaned and will remain closed until all employees’ test results have been returned.

Employees are working remotely from home, and phones are being answered in order to continue providing services to the citizens who need them.

 

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Three workers at ADOC headquarters among latest to test positive for COVID-19

Eddie Burkhalter

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Sixteen more Alabama Department of Corrections employees, including three at the department’s headquarters in Montgomery, have tested positive for COVID-19. 

The department’s latest update, released Monday evening, puts the total of confirmed cases among employees at 99, with 73 cases still active. 

Five more inmates have tested positive for COVID-19 as well, including inmates at the Donaldson Correctional Facility, the Easterling Correctional Facility, the Kilby Correctional Facility, the Julia Tutwiler Prison for Women and the St. Clair Correctional Facility.

18 of 27 confirmed cases among inmates remained active as of Monday, according to ADOC. 

Of the department’s 28 facilities, there have been confirmed COVID-19 cases among staff or inmates in 21. Of the state’s approximately 22,000 inmates, 214 had been tested as of Friday. 

Areas inside numerous state prisons are under quarantine, with ADOC staff either limiting inmate movements to those areas or checking for symptoms regularly and conducting twice daily temperature checks, according to the department.

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Still work to be done on an Alabama gambling deal

Josh Moon

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A grand deal on gambling is possible in Alabama, but there’s still a long way to go. 

That was essentially the message that representatives from the Poarch Creek Indians and owners of non-Indian casinos around the state gave Friday to Gov. Kay Ivey’s Study Group on Gambling Policy. The 12-member group heard presentations, via Zoom, from representatives from all the tracks and casinos in the state, as it continues in its quest to put together a proposal that Ivey and state lawmakers can use to hopefully craft future gambling legislation. 

To move forward with almost any legislation will require an agreement of some sort between PCI, Lewis Benefield, who operates VictoryLand and the Birmingham Race Course, and Nat Winn, the CEO of GreeneTrack. The owners of smaller electronic bingo halls in Greene and Lowndes Counties will also have some input. 

The tug of war between these various entities has, over the last several years, prevented an expansion of gambling. It also has left the state in a weird situation in which casinos are operating on a daily basis but there are numerous legal questions and the state is making very little in the way of tax dollars from any of them. 

But with public support for lotteries, sportsbooks and even full casino gambling at all-time highs (even a majority of Republican voters surveyed said they support full casinos in the state), and with neighboring states rapidly expanding offerings, state lawmakers seem ready to push through legislation to make it happen. 

And now, it seems, the two sides in this fight — PCI and the track owners — are ready to make a deal. 

“I feel like there’s a plan out there that would benefit all of us,” said Benefield, who is the son-in-law of Milton McGregor, who passed away in 2018. “I’d like to see us put together something that gets these customers back from surrounding states. I just really feel like we can work together.”

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Benefield wasn’t alone in those feelings. 

“We stand ready to sit down and talk (about a grand deal) with anyone,” said Arthur Mothershed, who, as vice president of business development for PCI, handled the tribe’s presentation on Friday. 

Mothershed and Benefield have each said previously, and APR has reported, that the tribe and the non-Indian entities have held several discussions over the last few months in a quest to work out a deal. 

There is a new, old player involved, however. 

Former Gov. Jim Folsom, now a lobbyist, represented several Greene County electronic bingo entities, including GreeneTrack, during the conference. Folsom and others representing the bingo casinos told the group that bingo is essentially the financial lifeblood for their county, and that without it multiple county services could go unfunded. 

Ivey’s study group has met four times with the goal of providing state lawmakers with clear answers on questions of revenue, risks and options for gaming types. Any legislation approved by lawmakers would have to be approved by voters.

 

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