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2 years ago

An Alabama voters’ quick guide to state amendments on the Nov. ballot

A woman prepares to vote in 2006. (Photo: Nathaniel Shepard)
A woman prepares to vote in 2006. (Photo: Nathaniel Shepard)

When Alabama voters head to the polls on November 8th, they won’t just be electing a president; they will approve or reject 14 Constitutional amendments. If you need help navigating issues on the ballot, check out our guide below.

Amendment 1

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to establish procedures to ensure that no more than three of the members of the Auburn University Board of Trustees shall have terms that expire in the same calendar year and to add two additional at-large members to the board to enhance diversity on the board.”

In a nutshell: Amendment 1 adds two new board members to the Auburn University Board of Trustees, and also ensures that the terms of no more than three members’ terms will expire at the same time.

Amendment 2

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to prohibit any monies from the State Parks Fund, the Parks Revolving Fund, or any fund receiving revenues currently deposited in the State Parks Fund or the Parks Revolving Fund, and any monies currently designated pursuant to statute for the use of the state parks system from being transferred for another purpose other than the support, upkeep, and maintenance of the state parks system.”

“Notwithstanding, in the event that guest revenues to the State Parks Revolving Fund exceed the threshold of $50 million (as annually adjusted based on increases in the consumer price index) in a fiscal year, the sales and use and cigarette tax revenue distributed to benefit the State Parks System shall be reduced in the following fiscal year. The amount of the reduction shall correspond to the amount of guest revenue to the State Parks Revolving Fund exceeding the threshold. The amount of tax revenue not distributed to benefit the State Parks System shall be distributed to the General Fund.”

“Proposing an amendment to Amendment 617 of the Constitution of Alabama of 1901, to allow the Department of Conservation and Natural Resources the option to provide for the operation and management, by non-state entities, of hotels, golf courses, and restaurants at any applicable state parks in Alabama.”

In a nutshell: Amendment 2 restricts the state legislature from dipping into funds generated by state parks. It would constitutionally require that monies be spent on maintaining those parks, unless revenues top $50 million annually.

Amendment 3

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to revise the procedure for adoption of local constitutional amendments to provide that a proposed constitutional amendment the Legislature determines without a dissenting vote applies to only one county or a political subdivision within one or more counties shall be adopted as a valid part of the constitution by a favorable vote of a majority of the qualified electors of the affected county or the political subdivision and county or counties in which the political subdivision is located, who vote on the amendment.”

In a nutshell: Amendment 3 institutes a new procedure to determine whether a constitutional amendment should be voted on by the entire state or by the affected community only.

Amendment 4

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to authorize each county commission in the state to establish, subject to certain limitations, certain programs related to the administration of the affairs of the county.”

In a nutshell: Amendment 4 would expand local power by giving counties the ability to create new policies that apply to public transportation, road safety, emergency assistance, and personnel. It does not give county officials any new power or compensation. This amendment also prohibits new taxes, fees or programs from being instituted that would hinder a landowner’s legal rights to use their property, with the exception of legislative intervention.

Amendment 5

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to repeal and restate the provisions of Article III of the Constitution of Alabama of 1901 relating to separation of powers to modernize the language without making any substantive change, effective January 1, 2017.”

In a nutshell: Amendment 5 cleans up and updates outdated terminology in Article III of the state constitution.

Amendment 6

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to become operative January 1, 2017, to repeal and replace Article VII, Impeachments.”

In a nutshell: Amendment 6 would require a two-thirds vote of the Alabama Senate to impeach a public official, and subjects members of the Board of Education to impeachment. It does not change the reasons why an elected official can be impeached.

Amendment 7 (Local)

What it says: “Relating to Etowah County, proposing an amendment to the Constitution of Alabama of 1901, to provide that the employees of the Office of Sheriff of Etowah County, except for the chief deputy, chief of detention, chief of administration, chief of investigation, director of communications, and food service manager, shall be under the authority of the Personnel Board of the Office of the Sheriff of Etowah County.”

In a nutshell: Amendment 7 would only apply to Etowah County, and make certain county employees subject to the authority of the Personnel Board of the Office of the Sheriff of Etowah County.

Amendment 8

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to declare that it is the public policy of Alabama that the right of persons to work may not be denied or abridged on account of membership or nonmembership in a labor union or labor organization; to prohibit an agreement to deny the right to work, or place conditions on prospective employment, on account of membership or nonmembership in a labor union or labor organization; to prohibit an employer from requiring its employees to abstain from union membership as a condition of employment; and to provide that an employer may not require a person, as a condition of employment or continuation of employment, to pay dues, fees, or other charges of any kind to any labor union or labor organization.”

In a nutshell: Amendment 8 would solidify the state’s “right-to-work” status into the constitution, making it difficult in the future for unions to force membership on Alabama workers as a condition of employment.

Amendment 9 (Local)

What it says: “Relating to Pickens County, proposing an amendment to the Constitution of Alabama of 1901, to provide that a person who is not over the age of 75 at the time of qualifying for election or at the time of his or her appointment may be elected or appointed to the office of Judge of Probate of Pickens County.”

In a nutshell: Amendment 9 applies to Pickens County only. It would allow a Probate Judge to serve until the age of 75 (the current age is 70).

Amendment 10 (Local)

What it says: “Relating to Calhoun County, proposing an amendment to the Constitution of Alabama of 1901, to provide that any territory located in the county would be subject only to the police jurisdiction and planning jurisdiction of a municipality located wholly or partially in the county.”

In a nutshell: Amendment 10 applies to Calhoun County only. If passed, it would prevent any city or town not in or partially in Calhoun from exercising jurisdiction over any area of the county.

Amendment 11

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, as amended, to permit cities and counties, notwithstanding any existing constitutional restrictions, to utilize tax increment district revenues collected within a Major 21st Century Manufacturing Zone and other moneys to incentivize the establishment and improve various types of manufacturing facilities located or to be located in such Zone, and to validate and confirm the Major 21st Century Manufacturing Zone Act, Act No. 2013-51.”

In a nutshell: Amendment 11 allows cities and counties to sell government-owned land within a certain type of development zone below fair market value for the purpose of economic development.

Amendment 12 (Local)

What it says: “Relating to municipalities in Baldwin County; proposing an amendment to the Constitution of Alabama of 1901, to authorize the Legislature by general or local law to provide for any municipalities in the county to incorporate a toll road and bridge authority as a public corporation in the municipality for the construction and operation of toll roads and bridges in the municipality and to authorize the authority to issue revenue bonds to finance the projects.”

In a nutshell: Amendment 12 allows the legislature to create a toll and bridge authority for a city or town in Baldwin County. The authority would have the power to finance its projects and accept funding from state or local governments.

Amendment 13

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to repeal any existing age restriction on the appointment, election, or service of an appointed or elected official, with the exception of persons elected or appointed to a judicial office, currently imposed by a provision of the Constitution or other law; and to prohibit the Legislature from enacting any law imposing a maximum age limitation on the appointment, election, or service of an appointed or elected official.”

In a nutshell: Amendment 13 eliminates maximum age restrictions that currently apply to the election or appointment of non-judicial elected officials.

Amendment 14

What it says: “Proposing an amendment to the Constitution of Alabama of 1901, to amend Amendment 448 to the Constitution of Alabama of 1901, now appearing as Section 71.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, to ratify, approve, validate, and confirm the application of any budget isolation resolution relating to a bill proposing a local law adopted by the Legislature before November 8, 2016, that conformed to the rules of either body of the Legislature at the time it was adopted.”

In a nutshell: Currently, legal questions over “budget isolation resolution” votes threaten a wide array of local laws. Amendment 14 seeks to protect the validity of over 500 local laws that have passed between 1984 and 2016, as long as they were approved using proper legislative rules at the time of their passage.

11 mins ago

Former U.S. AG Jeff Sessions, former Air Force One Commander Mark W. Tillman highlight 2019 ALGOP Winter Dinner

BIRMINGHAM — Friday night before a packed ballroom at the Sheraton Hotel, the Alabama Republican Party hosted its annual winter dinner with not just one, but two featured guests.

As advertised, retired Col. Mark W. Tillman, who served as the commander of the Presidential Airlift Group and chief pilot for the president of the United States from 2001-2009, wooed the audience with his tales of serving in that role, including the days after the Sept. 11, 2001, terrorist attacks.

The evening’s festivities also included an appearance from former U.S. Attorney General Jeff Sessions, who served as one of the state of Alabama’s U.S. senators from 1997 through 2017.

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During brief remarks to the audience gathered for the event, Sessions stressed advancing policies on immigration and America’s workers, especially those making less than $50,000 annually. During that address, Sessions received three standing ovations from those in attendance, suggesting he remains very much in favor with Alabama’s Republican hierarchy.

Immediately after Sessions addressed the crowd, former Alabama Republican Party chairman Edgar Welden honored Sessions and his wife by announcing they established an endowed scholarship in Jeff Sessions and his wife Mary Sessions’ name at Montgomery’s Huntingdon College, their alma mater.

Tillman, who was the featured speaker, offered attendees insight into commanding Air Force One and serving former President George W. Bush. Tillman discussed the threats and perceived threats from the “fog of war” that followed after terrorist attacks on New York City’s World Trade Center and the Pentagon in northern Virginia.

Col. Mark Tillman speaks to the ALGOP Winter Dinner, 2/22/2019 (Jeff Poor/YHN)

Tillman also appeared on Huntsville’s radio WVNN earlier in the day to talk about that and how technology had changed since his time as the Air Force One commander.

Alabama Republican Party chairwoman Terry Lathan told Yellowhammer News following the event she was pleased with the attendance and was excited they were able to honor Jeff Sessions. Lathan is up for reelection on Saturday at the party’s winter meeting.

@Jeff_Poor is a graduate of Auburn University, the editor of Breitbart TV and host of “The Jeff Poor Show” from 2-5 p.m. on WVNN in Huntsville.

2 hours ago

Alabama documentary up for an Oscar this weekend

Nearly 80 years after Walker Evans and James Agee shined a light on life in Hale County, Alabama, Greensboro and its environs are taking center stage again, this time in RaMell Ross’ Oscar-nominated documentary film, “Hale County This Morning, This Evening.”

“Hale County This Morning, This Evening” follows Daniel Collins and Quincy Bryant, and their families, for five years. The documentary is done in an experimental, non-narrative style. Ross says it’s more about watching and being than listening and concluding. “It’s trying to show what it’s like to be a young black man in the historic South,” he said. What you’ll see then is a whole lot of hanging out and large swaths of everyday life. Ross’ unique mix of content plus form has been heralded as revolutionary and got attention early on from grant-funders and tony arts organizations like the Sundance Institute and New York’s Museum of Modern Art.

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“The reason why I didn’t make the film an installation or an art piece, why I turned it into a documentary, is because of the amount of people you can reach,” he said. “The film is an experience. It’s supposed to be participated in. I wasn’t interested in telling you anything. I wasn’t interested in making anything clear but allowing you to sort of fill in the gaps and to feel and to witness as much as possible.”

Ross grew up a military brat and considers Virginia to be “home.” He ended up in Alabama after applying to teach a photo course via the Hale Empowerment and Revitalization Organization(HERO). After completing two weeks of teaching, he fell in love with the community and made the move to Hale County. Since arriving in 2009, Ross helped build Pie Lab and managed the HERO youth program. He also picked up a video camera and started filming.

“Hale County,” the finished documentary, bears little resemblance to Ross’ original intention. “It started off as a small project and has snowballed into what it is now,” he said. The film has struck a chord with audiences and reviewers alike. The New York Times named “Hale County This Morning, This Evening” one of the Best Films of 2018, calling it “pure cinematic poetry.” The Los Angeles Times called it “an experience that is simple, complex and revelatory,” and The Village Voice raved, “It’s not every day that you witness a new cinematic language being born. …”And then there are the awards: Sundance Film Festival “Special Jury Prize Documentary,” Cinema Eye Honors “Outstanding Non-Fiction Feature Award,” Gotham Awards “Best Documentary” and, of course, the Academy Awards nomination for “Best Documentary Feature.”

With news of the Oscar nod came a peppering of congrats and well-wishes on his Facebook page. But Ross, who remains as grounded as his subject matter, responded with a humble, “I mean, the stars have aligned on this one 🙂 thanks ya’ll.”

Despite all the accolades, which include having Danny Glover on board as the documentary’s executive producer, Ross is not planning to “go Hollywood” anytime soon. He now owns land and a trailer and plans to keep roots in Greensboro, while also teaching at Brown University in Providence, Rhode Island. “I have a lot of projects in the works,” he said. “I’m committed to the area.”

“Hale County This Morning, This Evening” is showing in select theaters. It is available on iTunes and can be streamed on the PBS website.

The 2019 Academy Awards broadcasts on Sunday, Feb. 24.

(Courtesy of Alabama NewsCenter)

5 hours ago

Mentored hunts renew enthusiasm for mentors

One of the mantras adopted by those who love the outdoors is “pass it on,” which means introducing somebody to hunting, fishing or other outdoors activities when you get the opportunity.

For the Alabama Wildlife and Freshwater Fisheries (WFF) Division, one facet of that effort comes in the form of the Adult Mentored Hunting Program, where seasoned hunters take new or inexperienced adult hunters to one of WFF’s Special Opportunity Areas (SOAs) for a weekend in the woods hunting deer, turkeys or small game.

What WFF has realized is the mentors, who have many years of experience in the hunting field, are benefitting from their role as much or more than the folks who are being mentored.

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One case in point is Bill Gray, Supervising Wildlife Biologist in WFF’s District IV. The longtime WFF biologist was admittedly reluctant to head out just before Christmas to fulfill a mentor’s role at the hunt at the Portland Landing SOA.

By the end of the weekend, Gray had a new outlook on the experience, and he had gained a new friend.

“When you’ve hunted for a long time, you take a lot of things for granted,” Gray said. “You kind of lose the magic like when you were young and first learning to hunt. Through the progression over the weekend, I got to watch him (James Hopper) learn and be excited and notice some things that were special to him.”

One example was how excited Hopper became when he viewed a deer for the first time through a riflescope.

“That was an eye-opener for me and how important this program can be and what a great opportunity we have to share our world as hunters,” Gray said. “Really for me, it was a way for me to bring back some of that wide-eyed wonder and true joy. It’s not that I don’t enjoy hunting anymore. I do. I love it, but you get kind of numb to some of the things that are old hat to you. To these guys, it’s not. And to see how excited they get has renewed my interest in hunting and being able to usher more people across that threshold who may be interested in becoming a hunter.”

On Hopper’s first hunt, the deer came in late and were too far for his comfort zone in terms of making a quality shot.

On the second day, a buck came through about 35-40 yards from the blind, but Gray had to make sure the deer met the minimum requirements for harvest. By the time Gray saw the deer, it was weaving through the trees and disappeared.

Gray said Hopper couldn’t hide his disappointment on Sunday morning when the rest of the hunt’s participants were busy cleaning deer and feral hogs.

“I said I’ve got to try to help this out,” Gray said. “We exchanged phone numbers. I got him down to my place the first week in January. He drove five hours south to my place in Barbour County.”

One of those aspects of hunting that experience often mitigates turned into the deciding factor on the Barbour County hunt.

“He came very close to taking a deer,” Gray said. “But he spooked the deer with the safety. He was using the safety like he was taught on the range. When he clicked that safety off, he said the deer trotted away and didn’t look back. I didn’t think to show him how to put some downward pressure on the safety and slide it forward real quietly. As much as he has to learn about being a good hunter, I have as much to learn about being a good mentor.

“But he was very excited and not dejected about not getting a buck for the second time. I sent him home with some deer meat, and they loved it.”

Since then, Hopper purchased a deer rifle similar to the one he used on the mentored hunt to get ready for a new season.

“Part of my experience was I felt like I made a new friend,” Gray said. “We weren’t able to get together before the season ended, but I’m as excited about being there with him when he gets his first deer as he is about getting his first deer.”

As unlucky as Gray’s hunter was, Drew Nix had the opposite experience on his mentored hunt at the Cedar Creek SOA.

Nix, the WFF Forester, has been mentoring hunters for many, many years and has recruited quite a few people into the realm of license-buying hunters. Nix said those people he introduced to hunting included youth, adult non-hunters and physically disabled individuals.

His hunter on the Cedar Creek SOA happened to be a person who was very familiar with firearms, a retired Army guy who now serves as a military contractor to teach marksmanship.

“He was from rural New York and was very well-versed in firearms, but he had never been hunting,” Nix said. “During his active duty, he never had the opportunity to pursue hunting.”

On the adult mentored hunts, the person who draws the spot is allowed to bring a hunting companion. However, sickness forced the hunter’s companion to drop out. The hunter was then given permission to bring his 11-year-old son.

On the first hunt, several deer came into one of the fields that had recently been constructed on the SOA, including one buck that met the criteria for permissible harvest.

“I told the gentleman it was a legal buck, but I would wait because we were sitting on an exceptional piece of property,” Nix said. “He held his composure. After about 10 minutes, no other deer came in. He said, ‘If you’re telling me that’s a legal deer, I would like to go ahead and harvest that deer.’”

Nix said when the hunter got the rifle up he noticed a significant anomaly.

“It cracked me up,” he said. “From the waist up, he was rock solid. From the waist down, it was like a small earthquake was going on. His legs were vibrating the whole blind. But he took a good shot and made a clean kill. The deer ran out of the food plot about 5 yards. He and his son were really charged up and wanted to put their hands on the deer, but I told them to wait and see if a doe came in. Sure enough, he took a doe later that afternoon with another clean, ethical shot. They were just ecstatic.”

The hunter even added another doe to his take before the weekend was over, which meant he went home with a cooler stuffed with venison.

“When we were butchering the deer, the guy I mentored let me get finished with half of the first deer and then he took over,” Nix said. “He pretty well cleaned and quartered the rest of the deer. Then he called his buddies and had a processor lined up in Pelham before he left Cedar Creek.”

Nix admitted to the group of hunters at dinner one night that he wasn’t too enthusiastic to miss rutting activity where he hunts, but that he had a “great” time as a mentor.

“The big takeaway from this is this used to be done by family members – dads, uncles or grandfathers,” he said. “In today’s world, we’ve kind of skipped a generation of folks who did not hunt and are not hunters. That seems so foreign to us. For someone who has been hunting for a long time, you may not see the value in doing this until you’ve done it.”

Justin Gilchrist is the wildlife biologist in charge of the Dallas County SOAs, Portland Landing and Cedar Creek, and he is grateful to see a lot of hard work reach fruition during the mentored hunts.

“For me, these hunts have been very rewarding,” Gilchrist said. “We put in a lot of time managing the resources and getting things ready for the hunts. Getting to mentor these people who have never been in the woods in their life is very special to me. We get to take people out and teach them about firearms and hunting. We show them deer sign and what to look for when scouting, like a hard mast (acorns, etc.) crop. Nothing compares to watching their reaction when a deer walks out. Then you watch them be successful and get excited about their first deer. To see them take a deer on land where we’ve done a lot of work is very rewarding. It pumps me up.”

David Rainer is an award-winning writer who has covered Alabama’s great outdoors for 25 years. The former outdoors editor at the Mobile Press-Register, he writes for Outdoor Alabama, the website of the Alabama Department of Conservation and Natural Resources.

18 hours ago

Birmingham lawmaker aims to make it easier to view police body camera video

An Alabama lawmaker from the Birmingham-area is reportedly trying to make it easier to access public records regarding police body cameras.

Rep. Juandalynn Givan (D-Birmingham) and her staff are rewording a bill that first stated access to public recordings should not be accessible.

“Why isn’t that body cam treated like any other public document? Why it is any different from the Freedom of Information Act?” Givan asked, via WBRC.

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Givan claims House Bill 36 would give victims, families, their family members, attorneys and the media more access to police body camera footage. Givan’s mission was initiated after the police-involved shooting death of E.J. Bradford at the Galleria Mall in Hoover.

“No one should have to go six months, three months, four months out without being able to see a video or see a recording,” Givan said.

Per WBRC, the Alabama Broadcasters Association is claiming that body camera footage is essential in being transparent and accurate reporting.

“Broadcasters have that responsibility It’s part of their roles as public servants,” Sharon Tinsley, president of the ABA, said. “We’re licensed in the public service and it’s our role to be in that place for the public where they can’t often be.”

While Givan’s plan has been met with positivity surrounding her mission, she has also been met with pushback.

Sgt. Heath Boackle, an executive board member with the Birmingham Fraternal Order of Police Lodge 1, says a rush to release body camera video could potentially jeopardize investigations.

“The concern would be if it comes out and it’s not the totality of the events before the case is even heard in a court of law, it could taint the jury and it also could give issues or concerns to the people that are seeing it without knowing all the facts,” Boackle said.

Kyle Morris also contributes daily to Breitbart News. You can follow him on Twitter @RealKyleMorris.

18 hours ago

Two winners from an Alabama law that requires local government fund newspapers: Goodloe Sutton and Alabama Media Group

Alabama’s law on legal notices and public notification is not that different than the laws of other states that require state and local government must advertise in local print newspapers for matters of the public interest. This means government entities must take tax dollars and hand them over to media companies in exchange for advertising that almost no one reads.

These laws may have served a purpose decades ago, but in 2019 it is hard for anyone to argue that counties should have to publish entire voter roles in local newspapers and pay for the privilege to do so. But that is the law right now and it is costing state and local government in Alabama millions of dollars.

The law is absurd for multiple reasons, but it is also an unfair burden on some cities.

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The city of Huntsville spent close to $115,000 on this issue in 2018, while the city of Hoover spent roughly $10,000 dollars on state-mandated advertising on local matters.

Why?

As Hoover City Councilman John Lyda put it, they are lucky enough to not have a newspaper in their city limits.

“We are a bit unique in that the law states that certain things must be advertised in a paper that is ‘published in your city.’ Other items must be published regardless,” he stated. “Oddly enough, we do not have a paper published in Hoover so our costs are significantly less. In the last fiscal year ending Sept 30, 2018, we only spent $10,800.”

Sorry, citizens of Huntsville, we have a completely archaic law in place that forces you to spend tax dollars on an issue that is so important that there are some cities that don’t have to participate in it at the same level and cost.

So, we have established that the costs are uneven and that taxpayers are the big losers here.

Who are the winners? Media outlets, and I will highlight two big winners.

The newspaper editorial that garnered national attention from Linden, Alabama, was published in a newspaper that made $350,000 last year because of current Alabama law.

Excerpt via Montgomery Advertiser:

On Twitter, Joshua Benton, the director of Nieman Journalism Lab, posted an archived advertisement that Sutton posted in late 2018 in an attempt to sell the paper.

In the sales pitch, Sutton said the paper pulled in over $350,000 in “legal ads.” Benton posited that those ads may serve as a major funding source for the paper, which, if correct, would bring in $6,700 in government-mandated funding per weekly issue.

Not bad for a local rag with 3,000 subscribers.

Alabama is funding these racist rants.

The other big winner? Alabama Media Group.

AMG operates newspapers in Birmingham, Mobile and Huntsville. All of those local papers are raking in gobs of money from local governments (see $115k from Huntsville and $153k from Madison County).

But it gets worse. Alabama Media Group received over $500,000 from the state of Alabama last year (some may be non-mandated spending, but most is not).

How about 2019 so far?

This is an affront to fiscal conservatism and common sense. Alabama legislators must reign this in.

@TheDaleJackson is a contributing writer to Yellowhammer News and hosts a talk show from 7-11 am weekdays on WVNN