Alabama Senate Approves Plan to Slow Flow of Inmates to State Prisons (AL.Com)

Office of Senate President Pro Tempore Del Marsh Press Clips Monday, April 30, 2018

 Mike Hubbard, Del Marsh say they don't expect Alabama to pass Indiana-style religious freedom bill (AL.com)  Alabama Senate approves plan to slow flow of inmates to state prisons (AL.com)  Alabama lawmakers pass bill to give tax breaks for job creation (AP)  State senator plans right-to-try bill to give terminally ill patients access to experimental drugs (AL.com)  Alabama Legislature passes bill to create Hiawayi Robinson child alert system (AL.com)  Photo ID bill for absentee voters advances in state House (Anniston Star)  Alabama inmate to go free after 30 years on death row (AP)  March job gains 126,000; miss 248,000 forecast (Montgomery Advertiser)  Alabama Republican lawmakers reveal budget with major cuts, no tax hikes (Yellowhammer News)  Alabama Workforce Council takes aim at labor force challenges (Yellowhammer News)  Bill would make Alabama bigger player in 2016 Presidential election (Yellowhammer News)

Mike Hubbard, Del Marsh say they don't expect Alabama to pass Indiana-style religious freedom bill Alabama's top lawmakers in the state House of Representatives and Senate said today they don't expect the Legislature to adopt an Indiana-style freedom of religion bill.

House Speaker Mike Hubbard, R-Auburn, said Alabama has more important issues to deal with.

Hubbard was asked about the issue today after the House wrapped up the fourth week of the legislative session.

"I don't see that we need to get involved in that fray," Hubbard said.

He said he did not necessarily disagree with Indiana's law and that he thought the reaction to it might have been overblown.

"I would suggest that we have a lot more pressing things to deal with than that," Hubbard said. Sen. Del Marsh, R-Anniston, the president pro tem of the Senate, said he did not expect to see such a bill.

The lack of interest by Hubbard and Marsh does not mean there won't be a bill, however.

Birmingham attorney Eric Johnston, who often works with Republican lawmakers to write socially conservative legislation, told AL.com he is working with legislators to write a bill that would provide some legal protection for business operators who don't want to provide a product or service for a same-sex wedding.

Johnston said no lawmaker had committed to sponsoring a bill, but said legislation would probably be introduced.

In 1998, Alabama voters approved a religious freedom constitutional amendment proposed by the Legislature.

______Alabama Senate approves plan to slow flow of inmates to state prisons A wide ranging plan to relieve overcrowding in Alabama prisons won approval today in the state Senate.

The Senate passed the bill by Sen. Cam Ward, R-Alabaster by a vote of 31-2.

It would reduce penalties for some nonviolent property and drug crimes and expand and refine parole, probation and community corrections programs intended to divert offenders from prison.

"This is a major step forward," Ward said. "There's a lot of bills that come through here. There's a lot of bills that spend a lot of time on the easy stuff, the mom and apple pie. Prison reform is not easy."

Ward's bill moves on to the House of Representatives. Ward said he expected the House to change it but said he was optimistic about the outcome.

House Speaker Mike Hubbard said today Ward's bill would be a priority and that lawmakers had to take action to reduce prison overcrowding.

"Doing nothing is not an option," Hubbard said.

Alabama's prisons are filled to almost twice their capacity. The plan has won bipartisan support and is a priority for Gov. Robert Bentley, who spoke about the urgency of the issue during his State of the State speech.

Ward's bill is based partly on principles adopted by the Prison Reform Task Force, which included judges, prosecutors, defense lawyers, victim advocates and others.

The task force drew on research from the Council of State Governments Justice Center, which has helped other states with prison overcrowding and criminal justice reforms.

Alabama law classifies felonies as Class A, B and C. Ward's bill would create a new classification, Class D.

Class D felonies could bring a prison sentence of 1 to 5 years but unlike the other felonies would not always be counted under the Habitual Felony Offender Act, which results in longer sentences.

The law does not change any sentences retroactively.

But going forward, some offenses would change from a Class C to a Class D, including illegal possession or fraudulent use of a credit card.

Some marijuana possession offenses that are now a Class C felony would become Class D.

The bill would change the value thresholds for stolen property that helps determine the seriousness of a theft offense.

Some theft crimes and related crimes, such as receiving stolen property, would therefore change from Class C to Class D felonies.

The bill puts heavy emphasis on improving the supervision of inmates on parole and establishing criteria for parole decisions.

It calls for hiring enough parole officers to bring the average caseload for officers down from about 200 to near the national average of about 60, Ward said.

The reforms are projected to cost about $23 million annually. A separate plan to add about 1,500 to 2,000 prison beds over the next five years is expected to cost about $12 million a year. Money to fund the initiatives would be appropriated in the state General Fund operating budget, which lawmakers have yet to address.

______Alabama lawmakers pass bill to give tax breaks for job creation Two Alabama economic development bills aimed at bringing new jobs to the state are closer to becoming law.

Alabama lawmakers on Thursday passed legislation to revamp how the state offers economic incentives to companies.

The Alabama Jobs Act would create a pay-as-you-go model for tax abatements and other benefits offered to companies that create jobs or capital investment in the state. Alabama's present model offers incentives upfront.

The bill now goes to Gov. Robert Bentley.

The Alabama Veterans and Targeted Counties Act would provide extra incentives for companies that move to rural counties or employ a certain percentage of veterans.

Legislators debated how to define "rural county" before deciding on a population of less than 25,000 people.

The bill, passed by the Senate, now goes back to the House.

______State senator plans right-to-try bill to give terminally ill patients access to experimental drugs Alabama could join other states in the country that are allowing patients with terminal illnesses the opportunity to try medication under testing that has not received approval by the Food and Drug Administration.

State Sen. Cam Ward of Alabaster plans to introduce a bill known as right-to-try legislation to give people with terminal illnesses another option for treatment. Ward said he plans to introduce the legislation either today or Tuesday. Modeled after similar laws in other states, the bill would help "people who are going through a terminal illness to have a right to take an experimental drug," Ward said in a phone interview on Wednesday afternoon.

Ward emphasized the bill would not authorize the use of marijuana or other illegal substances. The bill would give people with terminal illnesses "the right to try experimental drugs that have not passed the FDA process yet," he said.

Ward said he expects controversy to accompany debate about the legislation. "There's concern about allowing people to take a drug that's not FDA approved yet," he said.

The legislation would help patients gain access to experimental drugs that have shown positive results during preliminary testing. "If it's not declared illegal, why should they not have the opportunity to take experimental drugs?" Ward said.

Mississippi became the 12th state to approve such legislation on Monday with Gov. Phil Bryant signing the Right To Try Act into law, while more than 20 other states are considering similar laws, according to the Tenth Amendment Center organization.

Ward said he decided to support the legislation after speaking with a Shelby County family with a 9- year-old boy who suffers from Duchenne muscular dystrophy. Scott and Traci Griffin's son Gabe is one of about 15,000 in the U.S. with the rare genetic disorder that causes a constant deterioration of muscles and usually leads to an early death.

"The life expectancy is 17 to 20 years," Scott Griffin said about children with Duchenne. "There are boys that die at 10 or 12 years old. I don't know what the date is. ... I want to be able to look at my wife in the face and say we did everything humanly possible."

That's the purpose of the law for the Griffins and others who want to try experimental drugs.

"We believe as parents we should have the right to decide what medicines are best for our son, and as parents we are going to do everything we humanly can to try to save our son," Griffin said in a phone interview Wednesday night. "We believe there are drugs out there that could potentially save his life; unfortunately we don't have access to them because they're not approved by the FDA yet."

He noted two drugs that have reached at least Phase 3 testing by the FDA -- Sarepta Therapeutic Inc.'s Eteplirsen and BioMarin's Drisapersen -- that could help Gabe where no other approved pharmaceuticals have succeeded for children with Duchenne. "My argument is here you are, you allow my son to be on steroids which is doing unimaginable, irreversible damage," Griffin said about the treatment for children with Duchenne. "If you're going to tell us it's OK to risk it with steroids and all the side effects associated with that, we believe we should have the right to risk it with other drugs out there that have had clinical trials to show they're safe and effective."

According to information provided by supporters of Gabe's cause, they expect Alabama's bill will not require insurers to cover the cost of treatment, and it will permit doctors to prescribe drugs that have successfully completed an FDA-approved Phase 1 clinical trial.

Last summer Gabe was the focus of a cross-country cycling campaign to raise awareness of his plight and other children with Duchenne. Michael Staley, who was at the time chief of staff for then-U.S. Rep. Spencer Bachus, and another individual rode their bicycles more than 3,000 miles from Oregon to Mobile.

Ward's legislation would be a continuation of that awareness effort, Gabe's dad said.

"This is not intended for illegal drugs," Griffin said. "It's for drugs that have gotten to a certain point in the clinical trial process where there is enough data for parents to make a decision whether they want to move forward and use that drug as a treatment for their child."

______Alabama Legislature passes bill to create Hiawayi Robinson child alert system A piece of legislation that would create a new missing child alert system named after 8-year-old Hiawayi Robinson, of Prichard has passed in both the Alabama House and Senate.

The bill to create the Hiawayi Robinson Statewide Emergency Missing and Exploited Children Alert System will now move to Gov. Robert Bentley for signing.

Authorities weren't able to issue an Amber Alert when Hiawayi went missing on Sept. 16, 2014 because the situation didn't meet the criteria. The girl was found dead, just over a mile away from her home, behind an abandoned building two days later.

Hiawayi's father, Hiawatha Robinson, is charged with felony murder and sodomy in her death.

Sen. Vivian Davis Figures, D-Mobile, sponsored the legislation with the assistance from the Alabama Law Enforcement Agency. The new alert system is intended to expedite the process of alerting the public about missing and endangered children.

Under the new system, when child is reported missing to a local law enforcement agency, and if those responsible for the child confirm that the child is missing, an alert would be triggered.

The bill lists persons responsible as parents, grandparents, other relatives, teachers and other caregivers.

The local law enforcement agency would be required to notify the Alabama Law Enforcement Agency, issue an alert to local media and post a photograph of the child on its website.

Hiawayi disappeared after leaving her family's apartment in the afternoon of Sept. 16. Family said the girl was walking to her cousin's home in the same Pritchard apartment complex.

Authorities shared Hiawayi's information statewide through the national missing children's alert system and nationwide through the National Crime Information Center, which provides information to law enforcement agencies.

The Federal Bureau of Investigation, for a time, thought the girl was taken over state lines.

An Alert Alert can only be issued when authorities determine the missing child is in "imminent danger" of serious bodily harm or death. Also, witnesses have to be able to descriptive information about the victim and the abduction.

______Photo ID bill for absentee voters advances in state House A bill to require absentee voters to show photo ID before getting absentee ballots won approval from the House Constitutions and Elections Committee on Wednesday, advancing to the full House for a vote.

"We're just trying to make sure there isn't any room for fraud," said Rep. Reed Ingram, R- Montgomery, who sponsored the bill.

Alabama passed one of the country's strictest voter ID laws in 2011, requiring voters to show photo ID when they show up at the polls. Under that law, absentee voters must also provide a copy of their photo ID when they send their vote in to be counted. Ingram's bill would also require photo ID when voters request absentee ballots. At present, election officials have no idea who's really getting a blank ballot when it's requested, Ingram said.

"There are so many of them out there that we think are fraud," he said. When callers ask for ballots, he said, "you've got a live ballot out there with your name on it" and no guarantee it's in the right hands.

Critics of the bill said it would unnecessarily burden voters — especially people in nursing homes — by requiring them to present photo ID twice.

"It's creating a lot of inconvenience, when what we're trying to do is encourage people to vote," said Rep. Paul Beckman, R-Prattville. Ingram said the bill wouldn't inconvenience voters.

"It's just one more piece of paperwork" on an application voters have to file anyway, Ingram said.

Rep. Juandalynn Givan, D-Birmingham, said that additional paperwork wasn't needed.

"You're adding another layer to a process that's not broken at this time," Givan said.

Voter fraud convictions have been rare in Alabama courts, but those convictions have usually involved absentee ballot fraud. Givan said she has asked in past years for a count of the number of ballots cast fraudulently in the state. She asked Ingram if he had a count.

"I don't think anybody can tell you how many there are, but I can tell you that it's a problem," Ingram said.

The bill passed out of the committee by a vote voice. It heads to the full House for consideration.

______Alabama inmate to go free after 30 years on death row A man who spent 30 years on Alabama's death row will go free after a decades long fight to prove his innocence.

Fifty-eight-year-old Ray Hinton will be released Friday morning.

Hinton was convicted of the 1985 murders of two Birmingham fast food restaurant managers. However, prosecutors say modern forensic methods failed to show that fatal bullets came from Hinton's revolver. The bullets were the only evidence linking Hinton to the killings.

Lawyer Bryan Stevenson said Hinton wept after learning he would finally be released.

The U.S. Supreme Court last year ruled that Hinton had inadequate counsel and sent the case back for a second trial. Prosecutors moved to dismiss the case following the testing on the bullets.

Hinton was one of the longest-serving inmates on Alabama's death row.

______March job gains 126,000; miss 248,000 forecast Employers added a subpar 126,000 jobs in March as the labor market cooled off amid harsh weather and mounting oil company layoffs, the Labor Department said Friday.

The unemployment rate was unchanged at 5.5%.

The payroll total breaks a 12-month string of job gains above 200,000 and is the lowest tally in 15 months.

Economists surveyed by Action Economics expected employment gains of 248,000, according to their median forecast. The average for the prior 12 months was 269,000.

Also discouraging: Job gains for January and February were revised down by a total 69,000.

Wage growth, which has been sluggish throughout the recovery, ticked up only modestly. Average hourly earnings increased 7 cents to $24.86 an hour. Over the past year, pay is up 2.1%, in line with previous tepid advances.

The average work week dipped to 34.5 hours from 34.6 hours, possibly signaling reduced demand for labor and a slowing in job growth ahead.

Last month, businesses added 129,000 jobs. Federal, state and local governments cut 3,000.

The mining and logging industry, which includes oil and gas companies, cut 11,000 jobs. Oil producers and related service companies have announced about 80,000 layoffs since December amid a sharp drop in crude prices. Manufacturers that supply the industry also have planned an additional 10,000. Manufacturers overall, which are exporting fewer goods because of the strong dollar, lost 1,000 jobs. Construction companies also trimmed 1,000.

Some industries maintained at least a moderate pace of job growth. Professional and business services led the gains with 40,000. Health care added 30,000; retail, 26,000; and leisure and hospitality, 13,000.

In a note to clients, RDQ Economics said the weak report "further tilts the odds" toward the Federal Reserve waiting until September before raising its benchmark interest rate. It has been near zero since the 2008 financial crisis.

Yet several economists said they don't expect a significant slowdown in job growth this year. Jim O'Sullivan, chief US economist at High Frequency Economics, noted that low initial jobless claims continue to point to a health labor market.

"The data can be volatile and one disappointment after a series of upside surprises is not very concerning," he wrote in a research note. Monthly gains, he said still have averaged 261,000 the past six months.

There were a few small bright spots. The number of Americans out of work at least six months fell by 146,000 to 2.6 million.

And a broader measure of joblessness called the underemployment rate -- which includes discouraged workers who have stopped looking for jobs and part-time employees who prefer full-time work as well as the unemployed – slipped to 10.9% from 11%.

Many experts expected the labor market to slow after adding nearly 1.3 million jobs since November and 3.1 million for all of 2014, a 15-year high. Payroll processor ADP said this week that businesses it surveys added a disappointing 189,000 jobs in March. And measures of factory activity and employment declined last month.

Unseasonably cold weather deferred activity in some regions,hurting contractors and retailers. A strong dollar has been hobbling manufacturers that export heavily by making their products more expensive overseas. And a labor dispute at West Coast ports that was settled in late February has continued to disrupt deliveries because of a lingering backlog.

______Alabama Republican lawmakers reveal budget with major cuts, no tax hikes A budget revealed by Republican members of Alabama Legislature shows agencies what cuts would look like if no tax increases are passed. “I think this is an educational process for the members that’s a starting point for what the budget might look like given no new revenues,” said Senator Arthur Orr (R-Decatur), the chairman of the Senate General Fund Ways and Means committee.

The plan, which most lawmakers acknowledge has little chance of being passed in its current form, makes significant cuts to many of the agencies and services funded by the General Fund.

19 percent would be cut from the court system, the Department of Mental Health would lose 24 percent, Medicaid would be trimmed 3 percent, and the budget for prisons would shrink 5 percent.

The proposed budget would transfer $287 million in sales and use taxes—fees on products purchased out of state—from the education fund to the general fund. This move was one proposed by Governor Bentley.

“It’s very bleak,” said Rep. Steve Clouse (R-Ozark), the chairman of the House General Fund Ways and Means committee, who has been one of the few lawmakers to openly join Gov. Bentley in pushing for tax increases. “There’s no question that we have got to have additional funds.”

Clouse is carrying Governor Bentley’s tax increase on car purchases and rentals in the House, though he has had to negotiate the proposal down from a 2 percent increase to 1 percent.

Clouse is also sponsoring a bill that would apply the state income tax to the FICA money already taxed by the federal government. Clouse told Yellowhammer that he’s using a ‘throw everything at the wall and see what sticks’ method for finding a tax increase palatable enough for the legislature to pass.

“I don’t know… I’m just throwing options out for the House members to look at… I don’t know what I can get out of committee,” Clouse said.

______Alabama Workforce Council takes aim at labor force challenges Workers in Alabama assemble rockets that blast satellites into orbit, warships that patrol the seas, automobiles that are driven around the world. They design aircraft components, identify cancer- fighting drugs, operate robots that keep factory floors humming. But Alabama’s workforce can’t operate on autopilot. How can we make sure that the state has enough workers with the right talents for all these in-demand jobs and countless others in a $184 billion economy?

That’s the mission of the Alabama Workforce Council (AWC), a new organization that is launching an effort that will redesign workforce development in the state. The group’s work is aimed at better preparing the state and its workers for the next round of challenges, which include the need for a new generation of skilled workers and programs that integrate classroom instruction and career exploration for students.

Governor Robert Bentley appointed 35 business, education and political leaders from across state to the AWC in July, after receiving a recommendation from his College and Career Ready Task Force to set up a panel to assist top state educators on developing workforce development initiatives and career-focused tracks for students.

“The workforce council ties into a plan to grow Alabama’s economy that we put in place after I came into office,” Governor Bentley said. “It’s called Accelerate Alabama, and nothing will accelerate growth in Alabama’s economy more rapidly than developing the skills of the state’s workers because that will help us recruit even more jobs.”

The timing of the AWC initiative is right. Projections say that a shortage of skilled workers could hamstring businesses in Alabama as masses of the baby boom generation begin to retire from the workforce. Economists also say Alabama needs to develop strategies to get more of its citizens into the workforce to prevent the labor force from shrinking.

Dr. Samuel Addy, director of research economist at the University of Alabama’s Culverhouse School of Business and Economic Research, said the state must respond to these workforce challenges to keep its edge in economic development and recruitment targeting new investment and jobs.

“When you talk about workforce development, you’re really talking about economic development,” Dr. Addy said. “That’s the main point of economic development – jobs. Anybody who says differently doesn’t know what they are talking about.”

THE COUNCIL

Members of the AWC have experience in virtually every facet of Alabama’s business world. The team includes senior managers from companies such as Mercedes-Benz, Airbus, Honda, Austal, and other larger manufacturers, as well as leaders from smaller companies from across the state. The heads of Southern Research Institute and the UAB Health System are on the panel, as well as the director of career and technical education for the Alabama Department of Education. The AWC also includes an economic developer from Cullman, the former mayor of Phil Campbell, and an executive from Bryant Bank.

“We’ll be engaging with anyone and everyone who is interested in educating and training our students for the future,” said Zeke Smith, an Alabama Power executive vice president selected to head the AWC. “The purpose of this council is to take education, government, and industry, and explore ways that unite us and create a more productive workforce.”

Governor Bentley said the AWC will serve as an advisory body to ensure Alabama’s workforce development programs are positioned to meet the most pressing job needs of business and industry. The council will advise the superintendent of the State Department of Education, the chancellor of the Alabama Community College System (ACCS) and university presidents on how they should design new programs and initiatives.

Though the AWC has only recently begun its work, the council has been asked to take a hard look at education-related issues such as these:

• Increasing the number of workforce development partnerships between businesses and schools, including industry-funded “scholarship” programs for technical education;

• Creating meaningful metrics that can be used to improve collaboration between business and education on workforce programs;

• Expanding industry credentialing programs at the K-12 level and technical training for high school students through “dual enrollment” programs and other initiatives;

• Increasing the number of career coaches to serve students in all public middle and high schools in Alabama;

• Better informing young people about opportunities available in manufacturing and other occupations that pay above-average wages.

“The members of the council are confident that as a result of our recommendations, more students will graduate with a better idea of where they want to go in terms of higher education or careers, what they want to do, and what steps will be required to pursue those career paths,” Smith said. “These students will be more prepared for successful college careers, with fewer needing to devote time and resources to remediation. “Additionally, more adults will have information on career opportunities, where to go for job retraining, and what resources and funding might be available for education and skill programs,” he added.

TARGETING NEEDS

The AWC improvement campaign also will extend to Alabama’s existing workforce development programs.

Based on a recommendation from the Governor’s College and Career Ready Task Force, the AWC will examine whether to streamline and re-align the existing workforce development functions of state government, which are currently shared by a number of different agencies.

While the programs are considered effective, officials say businesses aren’t always immediately sure where to turn to get help. Streamlining could result in a more efficient use of resources while also reducing confusion.

The Task Force also recommended that the AWC identify ways to support and expand the operations of Alabama’s 10 Regional Workforce Development Councils, which provide vital front-line information on training gaps at the local level.

Other goals of the AWC include identifying critical unmet needs for specialty skills in specific areas of the state and creating what some have termed a “statistical feedback loop” that would lay the groundwork for enhanced cooperation between business and education.

“A feedback loop should be established to create dialogue between the education community and interested businesses and industries. This can be done by working with and through various education and industry groups, organizations, and trade associations,” Smith said.

“Dialogue can also be created by scheduling meetings between these groups and by having industry representatives complete surveys about their current and future hiring needs as well as the ways in which the education community could assist industry in preparing students for future employment.”

______Bill would make Alabama bigger player in 2016 Presidential election A bill introduced by Alabama State Senator Quinton Ross (D-Montgomery) would move the 2016 Alabama Presidential Primary up to March 1st, joining other Southern state in what has been dubbed the “SEC Primary.” Sen. Ross said both Democrats and Republicans around the state are in favor of his bill.

This is not the first time lawmakers have tried to maneuver Alabama into a place of relevance in the nominating process.

In most presidential election years through the 2004 cycle, Alabama held its presidential primaries in June, often long after voters in other states had essentially decided the outcome of the races. So lawmakers passed a bill that moved Alabama’s presidential primaries up to the first Tuesday in February.

But in an effort to condense the primary campaign calendar, both national party committees passed a rule cutting in half the number of delegates a state could send to the party convention if they held their primary before the first Tuesday in March.

So in 2011, the Republican-controlled Alabama Legislature passed a bill moving the presidential-year primaries to the second Tuesday in March alongside Mississippi. As a result, several candidates visited the state and the ALGOP was able to host a presidential forum featuring Rick Santorum — who eventually won the Alabama primary — and Newt Gingrich. However, the frontrunner, Mitt Romney, only dropped into the state to hold a high-dollar fundraiser and didn’t actively campaign, ceding Alabama to more conservative candidates without much concern because of its limited importance.

The SEC Primary plan would likely make Alabama and other Southern states much more influential in picking the party’s nominee.

Sen. Ross called his bill an “economic stimulus,” because it would encourage presidential candidates, and their massive cadres of campaign staff, to spend more time in the state.

The plan is being viewed as good news for conservatives, who believe the GOP needs to stop nominating candidates they view as being too moderate, but is concerning for some in the more establishment wing of the Party who fear that a Southern Super Tuesday could pull the eventual nominee to the right and damage them in the general election.

Last year, Alabama Secretary of State John Merrill penned an op-ed published in Yellowhammer endorsing the idea.

“In 2016 our voice can be much louder by joining with other Southern states that are so often forgotten,” Merrill wrote. The bill has been approved by the Senate committee on Constitution, Ethics and Elections Committee, and will move to the Senate floor this session. It will still need to be approved by the House and Governor before becoming law.