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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.

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42 mins ago

Bilateral lung transplant gives Montgomery teen chance to graduate, better future

Quintarius Daniels has had a hard road to travel in his 17 years of life, but thanks to University of Alabama at Birmingham School of Medicine surgeons, he now has a bright and less complicated future ahead.

On Oct. 17, 2017, Daniels, a Montgomery, Alabama, native, had a bilateral lung transplant at UAB Hospital after years of battling pulmonary fibrosis, a disease that had ravaged his lungs and compromised their function. On May 18, Daniels walked across the stage at Brewbaker Technology Magnet High School, having earned his high school diploma – not to mention ditching his oxygen tank and being crowned prom king in the past seven months.

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“I’m so excited to be where I am today,” Daniels said. “Before I had my transplant, things were hard, because I couldn’t do things other kids could do.”

Daniels was diagnosed with pulmonary fibrosis as a child. Pulmonary fibrosis is a scarring of the lung tissue that causes permanent damage to the lungs. As the scar tissue builds up and thickens, it prevents the lungs from transferring oxygen to the blood supply and diminishes the supply of healthy, oxygen-infused blood to the heart, brain and other organs.

The reduced lung function makes it increasingly hard to breathe. While the condition may develop slowly over time, many patients diagnosed die within the first three to four years following diagnosis. There is no cure for pulmonary fibrosis, but certain medicines and therapies can help manage the disease.

Lashunda Harris, Daniels’ mom, noticed he was very sick one morning when he was about 2 years old. She quickly rushed him to the hospital, and he was later transferred to Children’s of Alabama, where he was diagnosed. For the past 15 years, Daniels has lived with an oxygen tank, which can hinder a child looking for a normal life.

“He was very limited as a child,” Harris said. “It was hard for him during P.E. at school to be able to do things every other kid could.”

In October 2017, Harris arrived at Brewbaker Tech to pick up Daniels from school. When she arrived, the school nurse brought him to the car in a wheelchair, which was unusual.

“The nurse said he wasn’t feeling good and his chest was hurting,” she said. “We went straight to Children’s.”

After a week’s stay at Children’s, Daniels was transferred to the cardiac intensive care unit at UAB Hospital. It was there they met Charles W. Hoopes, M.D., director of Lung Transplantation in the Division of Cardiothoracic Surgery, who told them that Daniels had been placed on the waiting list to receive a lung transplant.

After more than a week on a temporary mechanical support system to help his other organs rest and recover, and five days of being on the list, Daniels received a double lung, or bilateral, transplant.

“Dr. Hoopes is a wonderful person,” Harris said. “He’s like another parent.”

Daniels says he was excited – and maybe a little scared – for the transplant, but he knew that it would mean things might start to be a little easier for him.

“I was excited and scared because I didn’t know how it would feel to have a new set of lungs,” Daniels said.

After the transplant, Harris says, Daniels is much more of a free spirit. This spring, he was able to run for the first time and often races with his sister. Daniels was also crowned his high school’s prom king, and he’s been able to enjoy time with his friends without having to worry about an oxygen tank.

“I’m very happy that I can live a more normal life as a teenager,” he said. “After the transplant, I’m now able to do more.”

Daniels was thrilled to walk across the stage without the cumbersome oxygen tank to receive his high school diploma. He plans to enroll with the University of Phoenixand later become a video game designer.

“I’ve cried a lot since this transplant,” Harris said. “They’ve been happy tears. We still have a long way to go, but I am so happy he made it through.”

(Courtesy of Alabama NewsCenter)

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15 hours ago

U.S. Rep. Rogers: IG report proves Mueller probe needs to be shut down

Folks across East Alabama may have recently seen the Department of Justice (DOJ) Inspector General (IG) Report findings were released.

The IG report details the mishandling of the FBI investigation involving Hillary Clinton and her private email server.

Anyone that denies that the FBI’s Clinton investigation was rigged in her favor is delusional.

The political bias clearly shown during the investigation and the double standard of justice was rampant and deliberate.

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 This is the same crooked group at the FBI that started the investigation of President Trump that led to the appointment of Special Counsel Robert Mueller.

So here is what we know:

Mr. Comey was FBI Director at the time the investigation was started. The IG found his actions at the FBI were insubordinate and he may currently by under investigation for leaking classified material.

Deputy Director Andrew McCabe was fired and is under investigation for lying to investigators.

Special Agent Peter Strzok has clearly demonstrated his hate and contempt for President Trump through his texts.  He most recently was escorted out of the FBI headquarters.

Congressional investigators now believe FBI documents may have been altered to convict Michael Flynn after the two FBI agents that interviewed him found him to be truthful.

We are also now finding out about FBI spies being planted inside the Trump campaign along with FBI abuse of the FISA warrants.

Enough is enough.

If all of this pans out, which I believe it will, there was no original basis for appointing Robert Mueller.

As I discussed during my Fox Business interview this week, the Mueller witch hunt needs to be shut down immediately.

We cannot continue to let it go on and be a distraction for the American people and Trump Administration.

Our economy is booming, unemployment rates are low and the American Dream is back – but with this nonsense continuing on the side – it is hard to focus on our goals.

The American people deserve better.

Mike Rogers is a Republican congressman from Semmes

Please sign up for my e-Newsletter by visiting my website. To stay up to date, you can also like me on Facebook at Congressman Mike D. Rogers, follow me on Twitter, Pinterest and Instagram at RepMikeRogersAL, on Tumblr and you can also subscribe to my YouTube page at MikeRogersAL03. 

17 hours ago

These are the services that are wasting Medicare dollars

Three services categorized as “low-value care” or “care that has little or no clinical benefit” drained hundreds of millions of dollars from Medicare from 2011-2016, according to a report from the Medicare Payment Advisory Commission (MedPAC).

The three services highlighted in the report are: early dialysis for people with functional kidneys, proton beam centers, and H.P. Acthar Gel.

Medicare spent from $500 million to $1.4 billion in 2016 alone on early-stage kidney dialysis that “is not associated with improved outcomes.”

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During that same year, Medicare spent $115 million on proton beam therapy, an external, targeted cancer treatment, that has “a lack of evidence that it offers a clinical advantage over alternative treatments” despite being “substantially” more expensive.

Medicare spending on Acthar went from $49 million to $504 million between 2011 to 2015. Acthar gel, which can be used to treat Multiple Sclerosis symptoms, has “weak evidence” of being an effective treatment. In addition to questions about its efficacy, 71 percent of physicians received payments from the manufacturer not related to research.

The report suggests tying effectiveness to coverage and payment under Medicare. Currently, “Medicare’s coverage process considers, but does not require, comparative clinical effectiveness evidence” when deciding which treatments to cover.

(Content created by The Daily Caller News Foundation is available without charge to any eligible news publisher that can provide a large audience. For licensing opportunities of our original content, please contact licensing@dailycallernewsfoundation.org.)

19 hours ago

Military awards Alabama’s GeneCapture $1 million contract to develop portable disease detector

The Department of Defense has awarded Huntsville’s GeneCapture a $1 million, two-year contract to develop a portable device that war fighters can use to identify disease-causing germs.

The Small Business Technology Transfer Research (STTR) contract is from the DOD’s Joint Science and Technology Office for Chemical and Biological Defense.

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GeneCapture, a resident associate company at the HudsonAlpha Institute for Biotechnology, has developed a “gene signature matching platform” that screens for hundreds of pathogens in less than one hour. The multi-pathogen test is conducted using a small, inexpensive disposable cartridge and can be used to test samples from humans and animals. The technique is being evaluated as a possible solution for a portable infection diagnostic device for use in forward deployed military operations.

GeneCapture is collaborating on this contract with Birmingham’s Southern Research, which will provide its expertise in infectious diseases, purifying genetic material for testing and designing clinical trials for the Food and Drug Administration.

“It has been a dream of mine to bring this technology to market so that critical diagnostic decisions can be made quickly, which will save lives,” said Krishnan Chittur, chemical engineering professor emeritus at the University of Alabama in Huntsville and co-founder of GeneCapture. The original discovery was patented by UAH and exclusively licensed to GeneCapture.

Chittur said the technology uses genetic probes to capture the “signature” of germs. An optical scan identifies which germ is present and produces a result in about 45 minutes.

“It’s a completely new technique that would have been impossible without the advances in genetics and genomics discoveries of the last decade,” he said. “That is one of the reasons we are located at the HudsonAlpha Institute for Biotechnology – the research that’s happening here is cutting-edge.”

Paula Koelle, chief scientist at GeneCapture and principal investigator for the STTR Phase II contract, will lead the effort to produce the disposable cartridges and desktop analyzer for a set of pathogens selected by the DOD that present potential biological threats to the war fighter.

The resulting technology could have uses beyond the battlefield.

The portable platform could enable civilian applications, such as rapid infection diagnosis in schools, urgent care clinics, doctors’ offices, nursing homes, veterinary clinics, cruise ships and airports.

Southern Research’s proven track record supporting new platforms for detecting and preventing newly emerged and highly dangerous and infectious disease pathogens made the nonprofit the perfect partner on the project.

“The opportunity to work closely with GeneCapture is a perfect match for Southern Research,” said Art Tipton, Southern Research president and CEO. “We have a history of reaching out to the life sciences community, which benefits both our state economy and the global healthcare industry. Our infectious disease scientists will produce reference tests and accelerate the clinical testing of GeneCapture’s new platform.”

Working for the DOD drives home the sense of urgency when it comes to disease-causing germs around the world.

“GeneCapture is focused on reducing the risk we all have of being infected from emerging pathogens and global pandemics – the clock is ticking,” said GeneCapture CEO and co-founder Peggy Sammon. “The GeneCapture team is working diligently to bring an affordable, portable solution to this critical problem by connecting with disease experts around the world to incorporate their needs into this product.”

(Courtesy of Alabama NewsCenter)