2 years ago

Three Alabama lawmakers to participate in simulated Convention of States

United States Capitol (Photo: Eric B. Walker)
United States Capitol (Photo: Eric B. Walker)

MONTGOMERY, Al. — Three Alabama state legislators will form the Yellowhammer State’s delegation to a simulated Convention of States designed to highlight needed amendments to the U.S. Constitution.

State Sens. Clay Scofield (R – Guntersville) and Greg Albritton (R – Bay Minette) and State Rep. Jack Williams (R-Vestavia) will join lawmakers from around the country in performing a test run of an actual Article V convention called to consider amendments to “impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and set term limits for its officials and for Members of Congress.”

Proposed constitutional amendments affecting issues like federal term limits, a balanced budget requirement, and limits on executive orders and rule making are among those that delegates will debate, discuss, and consider.

“The only way to rein in the ever-encroaching federal government is by adding constitutional amendments that limit its power and set strict boundary lines that officials cannot cross,” said Rep. Williams. “The most used and best known manner to amend the U.S. Constitution is for the Congress to initiate the process, but its members have proven unwilling or unable to take the necessary first steps.

“But Article V outlines that our Constitution may also be amended by having representatives from the individual states gather in convention and propose the needed changes. Our Alabama delegation will participate in a simulated convention designed to demonstrate exactly how that process would work.”

The event is being sponsored by Citizens for Self-Governance.

The idea of a Convention of States gained steam in 2013 after conservative talk show host Mark Levin advocated for a states-led convention in his book The Liberty Amendments: Restoring the American Republic.

Article V of the U.S. Constitution says that a convention of the states can be convened if two-thirds of the state legislatures (34) approve an application for the convention to occur.

By design, that’s a high bar to clear. And the bar gets even higher when it comes to actually passing a constitutional amendment.

Each state would then choose delegates to represent them at the convention, but each state would only get one vote on proposed amendments. It takes an affirmative vote from three-fourths (38) of the states to actually amend the constitution.

In short, the convention of the states is widely viewed as a last-ditch effort to push back against an overreaching federal government. 27 states have so far passed resolutions calling for a convention to pass a federal balanced budget amendment.

The Alabama Legislature passed a resolution in 2015 strictly limiting the purpose of a proposed convention to three areas:

1) Imposing fiscal restraints on the federal government through a balanced budget amendment;
2) limiting the power and jurisdiction of the federal government; and
3) implementing term limits on federal elected officials.

Members of the Alabama House and Senate who supported the effort say it was necessary because “the federal government has created a crushing national debt” and “invaded the legitimate roles of the states through the manipulative power of federal mandates.”

A resolution proposed by State Sen. Gerald Allen (R-Tuscaloosa) earlier this year was even more narrowly defined. It would limit the convention to only addressing the question of a balanced budget amendment.

“Even if we don’t get enough states behind it, we’ll send a clear message to Congress,” Allen told the Anniston Star. “Get your house in order.”

The possibility of a “runaway convention” is the most often cited concern with convening such a meeting of the states.

“In the course of our work advising state and federal lawmakers and conservative allies across the country, we have been giving this issue close attention and study,” said Dr. Matthew Spalding of the Heritage Foundation, a conservative think tank. “The lack of precedent, extensive unknowns, and considerable risks of an Article V amendments convention should bring sober pause to advocates of legitimate constitutional reform contemplating this avenue.”

But Rep. Ken Johnson (R-Moulton), who has sponsored a resolution calling for a Convention of States during the last couple of legislative sessions, said those concerns are overblown.

“Because we’ve never done it, the idea that there could be a ‘runaway convention’ is always brought up as a concern,” Johnson told Yellowhammer last year. “The convention would be limited to a small set of issues. But on top of that, the safeguard is that it only takes 13 states to kill any runaway convention. If there aren’t 13 conservatives states left, we’re in trouble, period. And Washington is a runaway train right now anyway. How much more damage could be done?”

Alabama’s two Senate Budget Chairmen have also been actively involved in the rule-making process for a possible convention. Sen. Trip Pittman (R-Montrose) and Sen. Arthur Orr (R-Decatur) traveled to Mt. Vernon, Virginia to discuss the ground rules of a potential convention.

“We discussed the reality that the biggest threat to America is an irresponsible Federal Government,” said Pittman. “Checks that need to be put on the Federal Government have not been accomplished and based on current activity appear not to be likely… 32 (states) participated in the Mount Vernon Assembly, to prepare rules and form committees within a strict framework… to discuss and build support for a possible amendment convention of the States.”

Sen. Allen’s latest bill called for a 24-hour, one-issue convention to convene in Dallas, Texas, the Wednesday after Congress receives the petition from the required number of states.


2 hours ago

Alabama Senate delays vote on church ‘Stand your Ground’ law

The Alabama Senate has delayed a vote on a proposed revision of the state’s self-defense law to clarify that deadly force can be used to defend someone in a church.

Senators delayed a Thursday vote after at least one senator threatened a filibuster.

Sen. Bobby Singleton said that the legislation is encouraging people to get “trigger happy.”


Alabama already has a self-defense law that someone can use deadly force if they reasonably believe a person is about to kill them or another person. The bill adds that people can use deadly force if they believe a person is about to use physical force against a church member or employee.

Supporters pointed to deadly church shootings and said members need the legal protection to respond to a threat.

(Associated Press, copyright 2018)

2 hours ago

Debbie Long is a 2018 Yellowhammer Woman of Impact

This summer, Debbie Long will call it a career at Protective Life Corp.

What a career it has been.

Long, who also is a 2018 Yellowhammer Woman of Impact, served as executive vice president, chief legal officer and corporate secretary of the insurance company before taking on a part-time advisory role this year. She is one of Alabama’s highest-paid female executives.


Long also has been a big contributor to her community.

Long told Business Alabama in 2012 that she always wanted to be a lawyer, although first she had idealistic visions of saving the world. After graduating in 1980 from the University of Alabama Law School and then clerking for a federal appeals court Judge Frank Johnson, she went to work for a law firm and practiced corporate law.

“Although I hadn’t initially wanted to practice business law, I found I loved it,” she told the publication.

Long left the firm along with several other lawyers to help form the powerhouse Birmingham firm of Maynard, Cooper and Gale.

In 1992, Long joined the board of Protective Life as general counsel of the insurance company.

Long told Business Alabama that her advice to would-be business leaders would be to stay open to opportunities that might come along at unexpected times.

“It’s very doubtful that someone’s going to come to you early in your career and say, ‘I want to be your mentor,’” she said. “It’s far more likely you will meet people along the way who will give you great advice if you are open to receiving it. Someone at a cocktail party might say something that could change your life.”

Long has been active in the larger business community. She has served as chairwoman of the Business Council of Alabama’s Judicial and Legal Reform Committee and also has worked on the Tax and Fiscal Policy Committee, the Federal Affairs Committee and on the board of ProgressPAC — the lobby’s political action committee.

Last year, the BCA honored her with the Robert W. “Bubba” Lee Political Courage Award, given each year to someone who is willing to take the right position regardless of cost.

“She has shown through her support that she cares about the Alabama business community and she values the role we play and the jobs we create,” BCA Chairman Perry Hand said at the time. “She has been a distinguished member of the Alabama and Birmingham business communities for nearly three decades.”

Her charitable endeavors include Big Brothers/Big Sisters of Greater Birmingham, the YWCA of Birmingham, Oasis Women’s Counseling Center, the Birmingham Museum of Art and Partners in Neighborhood Growth Inc.

In addition, she serves on the Alabama Women’s Commission and the Public Affairs Research Council of Alabama, as well as The Fellows program of the American Bar Foundation.

“It is her commitment to excellence that has made her such a valuable asset to Alabama’s business community, and there are few individuals more dedicated to our corporate community, the rule of law, and the political arena than Debbie Long,” Hand said last year.

Join Long and special guests from across the state for a Birmingham awards event March 29 honoring the 20 Yellowhammer Women of Impact whose powerful contributions advance Alabama. Details and registration may be found here.

@BrendanKKirby is a senior political reporter at LifeZette and author of “Wicked Mobile.”

2 hours ago

Alabama Rural Broadband Act on governor’s desk

A bill that would provide grants to aid rural broadband expansion is on Gov. Kay Ivey’s desk.

The legislation was delivered to the Capitol on Wednesday afternoon after the Senate adopted changes to the Alabama Rural Broadband Act previously made in the House.

Originally conceived as a bill that would offer tax incentives to companies to provide high-speed internet services to some of the state’s more remote areas, the bill was changed to offer grants instead. Projects that would provide speeds of 25 megabits per second down and 3 megabits per second up would be eligible for $1.4 million per project, while projects providing minimum speeds of 10/1 could get $750,000 each.


The bill is expected to provide $10 million annually, with the program being administered by the Alabama Department of Economic and Community Affairs. Private providers and cooperatives would be eligible for the money, but government entities would not.

The sponsor, Sen. Clay Scofield (R-Guntersville), wanted to give providers tax credits for providing broadband rather than cash. The bill still has safeguards in place – the money won’t be received upfront and a legislative committee would monitor the program for effectiveness.

Scofield couldn’t be reached for comment this week.

Ivey is expected to sign the bill after speaking about the need for such programs in her January State of the State speech. The legislation sailed through the Alabama Legislature, receiving unanimous yes votes in the House on Tuesday and in the Senate concurrence vote on Wednesday.

Speaker of the House Mac McCutcheon (R-Monrovia), said grants are better for taxpayers.

“It’s more transparent and gives us more accountability,” he said.

In reality, both funding mechanisms have been dismissed by critics. The MacIver Institute said in a 2014 report that incentives can actually hurt economic growth, while Obama’s stimulus grant program was one of the more stark examples of grant largesse.

Alabama lawmakers hope their broadband plan goes hand-in-hand with a proposal from President Trump to spend an immediate $200 billion and long-term $1.5 trillion on infrastructure improvements. Trump hopes to spur more public-private partnerships – so-called P3s – with his proposal to help state and local governments shoulder more of the load. But his plan has faced criticism on both sides – Democrats aren’t fans of the president’s goal to put more costs on the states, while many Republicans say the plan calls for too much spending and haven’t exactly deemed it a high priority this session.

Some on both sides have criticized the lack of any guaranteed funds for broadband, although the plan cites high-speed internet as an infrastructure priority. There are concerns that federal broadband grants could accelerate the growth of government internet projects, which have largely been a sinkhole for taxpayer money.

3 hours ago

Alabama Committee approves ethics exemption for economic developers

An Alabama Senate committee has approved legislation, pushed by the state’s top industry recruiter, to exempt professional economic developers from the state ethics law.

The Fiscal Responsibility and Economic Development Committee approved the House-passed bill Wednesday on a 10-2 vote. It now moves to the Senate floor.


The proposal would exempt professional economic developers from the rules that govern lobbyists. The rules include registering with the state, undergoing yearly training and reporting activity.

Alabama Commerce Secretary Greg Canfield has said professional site developers, who help businesses decide where to locate, will not work in Alabama if they must register as lobbyists.

Ethics Commission Executive Director Tom Albritton has expressed concern about exempting a group of people, whose primary job involves interacting with government officials, from the state ethics law.

(Associated Press, copyright 2018)

Human trafficking bill that would impose severe penalties for obstruction is step closer to becoming law

Anyone who obstructs a human trafficking investigation in Alabama could be met with the same penalties as the traffickers if the governor signs a bill that passed the House this week with near unanimous support.

The bill, which already passed the Senate, increases penalties in place for those who obstruct, interfere with, prevent, or otherwise get in the way of law enforcement’s investigation into the practice that includes child sex trafficking.

Under current law, such obstruction is only a Class C felony and could result in just one year in prison. The new legislation would increase the maximum offense to a Class A felony, with a minimum jail sentence of ten years.


Senator Cam Ward (R-Alabaster) sponsored the bill and said he is proud that the Alabama Legislature made this a priority.

“This week we’ve taken another crucial step in ending this horrific practice,” Ward said in a statement. “By increasing penalties for those who would aid traffickers, we will hold them just as accountable as the traffickers themselves.”

Human trafficking victims are often children who are trafficked into sexual exploitation at an average age between 11-14 years old, according to the Alabama Human Trafficking Task Force.

“Most people assume, ‘Well, that doesn’t happen in my backyard,’” Ward said in an interview with Yellowhammer News when the bill was first introduced. “…It’s everywhere in our state, but there’s low awareness as to how bad it really is.”

Just this week, a Decatur man pled guilty to child sex trafficking and other charges related to his plan to kidnap, rape and kill a mother and sell her 14-year-old daughter to a Memphis pimp, according to horrifying details reported by the Decatur Daily.

Brian David “Blaze” Boersma’s plan was thwarted because an informant, who Boersma recruited to help him with his plan, alerted the FBI.

“Oftentimes it’s like what we say with terrorism,” Ward said. “If you see something suspicious, tell somebody, because a lot of times, trafficking can take place right underneath our noses in our communities.”

The legislation to increase penalties for obstructing human trafficking investigations was delivered to Governor Kay Ivey for her signature Wednesday afternoon.

Rachel Blackmon Bryars is managing editor of Yellowhammer News.