2 weeks ago

State Sen. Clyde Chambliss on ‘Rebuild Alabama’ plan: Port of Mobile expansion aspect constitutional

In an appearance Thursday on Huntsville radio’s WVNN, Sen. Clyde Chambliss (R-Prattville), the member who is leading the effort on infrastructure legislation in the State Senate, explained some of the details of the proposal the legislature could be considering right out of the gate next week as lawmakers convene in Montgomery.

Reportedly, Gov. Kay Ivey will call a special session of the legislature to consider her infrastructure proposal, called “Rebuild Alabama,” the first week the body’s general session is scheduled to take place to ensure it is the immediate and sole focus of lawmakers.

Chambliss discussed some of the elements, including how future increases to the state’s fuel tax would occur and how using proceeds to finance the expansion of the Port of Mobile is allowable under the Alabama Constitution.

The Prattville lawmaker said future hikes would take place automatically based on construction costs as defined by a national construction index, but the increases will not be higher than a one-cent increase every two years.

“[I]t has a cap on it – every other year it would be addressed in a maximum of one penny every other year,” Chambliss said on “The Jeff Poor Show.” “If we look back over history from 1992 to the present, if we had done that same type thing using CPI or some of these other indexes, we would be looking at 14 cents over that — which averages out to be a half a penny over a year. It’s very reasonable. It’s in line with what we’ve seen in the past. It’s very reasonable. It’s in line with what we’ve seen in the past.”

Also, some have questioned the suggestion of using money raised from the gas tax for a needed expansion at the Port of Mobile, which Ivey highlighted in the unveiling of her proposal in Maplesville on Tuesday.

There have been questions if such a proposal would pass muster with the Alabama Constitution.

Chambliss told WVNN given marine fuel is taxed in the same way as fuel that is designated for cars and trucks that travel on the state’s roadways, the state’s waterways qualify for the tax revenue.

“I do believe it will be a part of it and here’s why it is constitutional: All of those boats that are on the waterway – they are paying fuel tax when they buy that fuel,” Chambliss explained. “So, why would you not be able to return some of that from where it came. Not all fuel is bought for on the road. Some of that is bought for the water.”

“So, I think the constitutional issue – I don’t see that that is really an issue” he added. “The Port of Mobile is very very valuable to our entire state. I’m told there’s a $25 billion impact all across our state through the Port of Mobile. Goods and services are in and out that are shipped all over our state. And very, very important to our state. That will be a component of the bill, and I think we’ll put that $10 million in there, and it will be a big help down the road for, you know, widening that ship channel so we can get the ships in from overseas hauling things in and out.”

As for why Ivey chose a 10-cent per gallon increase amount over an earlier reported 12-cent figure, Chambliss said it came from her having sought counsel from the various entities and lawmakers. He also explained why there was a sense of urgency from Ivey and the legislature to warrant using the special session mechanism for the proposal’s passage by the legislature.

“This is the governor’s top priority,” he said. “She’s put a lot of work into it. Pro Tem [Del] Marsh, Speaker [Mac] McCutcheon, [Rep.] Bill Poole in the House of Representatives and a lot of others. It’s very very important to our state. It’s something we’re really, really behind on. And I think going in and making sure we’ve focused on this and work the extra days and stay at it – not go too fast. Not go in and try to run over anybody or do anything like that —  but just be very very consistent very methodical, get on the subject stay on the subject resolve the issue.”

Chambliss also noted the Alabama legislature’s role in the oversight capacity and vowed it was a responsibility the body would not take lightly. He explained how his legislation on oversight would be considered simultaneously as the House is considering the actual fuel tax increase.

“I have a bill I will be introducing – I’ve actually already pre-filed the bill,” he said. “I’ll be starting it in the Senate, and it is a reorganization of our joint transportation committee. It is an accountability bill not only for [Department of Transportation] but more importantly for our legislators. We have a committee, and if you’re going to be on that committee, you need to attend meetings you need to do your job. And the way I have it written right now if you miss two out of the four meetings throughout the year you have forfeited your position on the committee. We need people who are going to be there and be involved.”

“In the legislature, our role is for appropriation and oversight” Chambliss added. “And we have to make sure this money is spent number one legally but also efficiently effectively and that’s an important role for the legislature. And that’s what we’ll be doing with the bill we’ll be debating while they’re debating the gas tax in the House, we’ll be debating the joint transportation committee bill in the Senate. And hopefully, we’ll swap those after they pass in the House and we pass in the Senate. And I will continue the gas tax bill in the Senate and Representative Poole will continue the joint transportation committee bill in the House.”

@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

Watch: Doug Jones refuses to answer question on Trump impeachment

Senator Doug Jones (D-AL), cognizant that he was being recorded at the time, would not answer a question about the merits of impeaching President Donald Trump.

During a book tour event in Birmingham on Saturday, Jones was addressing questions that the audience submitted on notecards, but when he came to one question, he flat-out refused to answer.

The incumbent from Mountain Brook burst out laughing when he saw the question, and then read it aloud to the crowd: “Would the country be better off if Trump is impeached or beaten in 2020?”

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“Well, I think I’m just going to hold that one for a little bit,” Jones said to laughter and applause. “I’m sure there’s a tracker here recording this.”

Watch:

RELATED: Jones: ‘Doesn’t matter to me who the opponent is,’ ‘I’ll be back here for another term’

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

2 hours ago

Marshall focused on ensuring public safety, defending state law in first full term

MONTGOMERY — Now that Attorney General Steve Marshall has begun a full term of his own, his personal vision and policy priorities are more distinctly evident in driving the office’s work.

At the Montgomery Rotary Club’s weekly luncheon Monday, Marshall explained that since winning election in November, he finally had the chance to implement a long-term, big-picture plan for the attorney general’s office instead of being more “reactionary,” as he had to be after his 2017 appointment to serve the remainder of former Attorney General Luther Strange’s term. Just a few months into a four-year term now, Marshall and his team are already hard at work executing this plan and making his vision come to fruition.

“I’m a prosecutor — it’s how I’m wired,” Marshall explained. “And there really is no greater honor than to be the attorney general [given what I am passionate about].”

He summarized how he sees the role of attorney general into two relatively broad concepts: ensuring public safety and enforcing the constitutionally-enacted laws of the state.

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“My job is to make sure we keep our people safe,” Marshall said, adding this was “one of the fundamental aspects of what we believe in this country.”

The second concept pertains to fulfilling his role in our democratic republic. Legislators enact laws, the executive branch (chiefly through the attorney general’s office) enforces these laws and the courts play their role by interpreting laws when settling challenges or disputes.

“My role is to defend the law of the state,” Marshall emphasized.

He then shared some of the ways his office has recently “embraced” these core duties.

‘I’m an unabashed fan of Jeff Sessions’

First, speaking on public safety, Marshall reflected on the state’s violent crime initiative that he announced last year, which led him to add, “I don’t mind telling you, I’m an unabashed fan of Jeff Sessions. To the extent I have a disagreement with the president, it’s probably chief among them.”

“One of the things Jeff Sessions did was to refocus this country on the issue of violent crime,” Marshall advised.

He reiterated a point that Sessions has also made in speeches over the last six months, including a few in Alabama — violent crime in the United States had dropped steadily starting with the Reagan Administration in the 1980’s, but sharply started to tick up again after President Barack Obama took office.

However, this trend was reversed under Session’s tenure as United States attorney general, with the violent crime rate in America dropping significantly.

“General Sessions really released our federal partners to be working with us,” Marshall outlined. “Particularly ATF, DEA and FBI. [He] told our U.S. attorney offices to start working gun cases again, because that had not been going on during periods of the Obama Administration. And for us to be able to bring people together at the state and local level to be able to work with [federal partners] collectively… Montgomery is one of those places in which we’ve seen successes from this initiative… violent crime was reduced by over 16 percent. And that matters.”

He continued, “Sometimes when we talk about those percentages, we get sort of locked into numbers. Well, y’all, that’s people. That’s lives. And that’s families that are safer today as a result of much of the work that we’re doing.”

Marshall explained that a large part of the recent violent crime focus in Alabama has been on areas in the Black Belt, especially Selma.

“People in this room who may say, ‘Why does this matter to us here?’ Well it matters because what we’re doing is tracing many of the guns that are showing up in Montgomery violent crime cases to Dallas County. We see people that are moving from Dallas County up this way to be able to commit many of their crimes. So, our efforts to be multi-jurisdictional, bringing people from throughout this region and area together, makes an impact throughout many, many communities,” Marshall said.

The attorney general said over 300 people have been incarcerated due to the state’s violent crime efforts in the last year.

Marshall, after more praise for Sessions, then transitioned into talking about digital forensics analysis. This is an area that he has emphasized as a critical focus moving forward, as there are not enough trained analysts in this field, which is one that continues to grow in importance and prevalence as technology advances. This is another field where federal, state and local collaboration is key when it comes to the sharing of resources.

Some priorities this legislative session

When it comes to the 2019 regular session of the Alabama legislature, which reconvenes Tuesday, Marshall mentioned the “right to life” as a matter of both faith and policy he was focused on and would be advocating for.

“[W]e saw our young ladies were showing up to abortion clinics, who were otherwise the victims of a crime that we know as rape second [statutory rape], but law enforcement never knew anything about it,” Marshall advised. “And I’m going to stop that.”

He said the attorney general’s office will be offering legislation to address this issue, which Marshall stressed is tied to human trafficking in many instances.

“It’s an issue of which I’m very passionate about,” he explained.

Marshall also circled overhauling the Board of Pardons and Paroles as a primary concern of his that he would be asking the legislature to address. This is something he has been working with Governor Kay Ivey on, after the board last year was discovered to have been letting violent offenders free too early and too often.

“We saw some things that were simply unacceptable,” Marshall said. “When somebody is doing a life sentence for murder, they’re not supposed to come up for parole after five years. Especially when people like me have sat down with victims’ families to say, ‘Nobody’s going to show up on offenses like that until the expiration of 15 years or 85 percent of their sentence.’ But, yet suddenly they’re getting a notice from the parole board – they’ve been convicted and sentenced for murder for life –  and showing up after five years.”

“I don’t think you believe that’s acceptable,” he told the crowd. “I don’t think you see that as something that enhances public safety.”

“[O]ne of the things that you’ll see coming from us this legislative session would be ways to make sure that never happens again,” the attorney general said. “Because, although I believe there are appropriate paroles that take place, I believe there is a role for pardons in our system, it needs to be done responsibly.”

He added that if the members of the Board of Pardons and Paroles believe it is their responsibility to address prison overcrowding, “they are greatly misunderstanding their role on that body.”

“They are a public safety body,” Marshall advised. “They need to be making decisions that are appropriate for community safety, and then making those for valid reasons.”

Opioids, mental health

Answering questions from the crowd after his remarks, Marshall identified the opioid crisis and mental health care as two key areas that are not only intertwined with themselves and public safety, but with crime, too.

After touching on his personal experience with the issues, he explained that life expectancy in America has gone down the last three years largely due to the suicide and overdose rates.

“We’re the greatest country in the world, with the best access to healthcare, and yet our life expectancy has gone down,” Marshall lamented.

He said when he became attorney general, the state had no strategic plan on dealing with opioids. He made that a priority from the start, formed a task force with the blessing of Ivey, presented her a plan in December 2017 and is now executing that plan through his office and various partnerships.

The plan “has been recognized nationally as one of the most comprehensive” plans out there, Marshall said. And, most importantly, the plan does not just exist, but it is being diligently worked.

“We’re making progress… and I’m encouraged by where we are,” Marshall concluded.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

3 hours ago

Join Us: Yellowhammer ‘News Shaper’ series kicks off with its 2019 legislative edition

Join the Yellowhammer News team Tuesday, March 19th for a “Yellowhammer News Shaper” event in Montgomery. The gathering will offer a reception as well as a live interview with Alabama Senate President Pro Tem Del Marsh (R-Anniston) and Speaker of the House Mac McCutcheon (R-Monrovia).

The discussion will be moderated by Yellowhammer News editor and owner Tim Howe and will cover issues surrounding this year’s legislative session.

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The event will take place at the Alabama Association of Realtors, 522 Washington Avenue, and will begin at 5:00 p.m. with a networking opportunity followed by the moderated interview and questions from the audience.

Several more Yellowhammer News Shaper events will take place across the state this year. The series is non-partisan, on-the-record and designed to localize issues and highlight thought leaders.

Continue to visit Yellowhammernews.com for announcements during the 2019 calendar year.

3 hours ago

Groups across US take in dogs, cats after Alabama tornado

People across the nation are helping to find homes for animals evacuated from shelters in an Alabama community that was devastated by a tornado.

The twister left 23 dead and dozens of people injured as it roared across the community of Beauregard on March 3.

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The Humane Society of the United States contacted several humane societies across the nation to ask for help, Al.com reported.

The Oregon Humane Society says it was asked by the national organization if it could take any of the 150 pets that were being evacuated from Lee County shelters.

In Tennessee, the Nashville Humane Association says it received 21 cats and dogs affected by the tornado. It said those animals will be up for adoption soon.

“They have been through a lot,” said Laura Charvarria , executive director of the Nashville Humane Association.

“One of the shelters, Southern Souls, the tornado touched down actually in their backyard, so they experienced that, on top of, they just went through a 6-hour drive from Alabama to Tennessee, so that is extremely stressful on the animals,” Charvarria said.

Many of the animals from Alabama were flown on a jet to Oregon about a week after the tornado.

Staffers from animal shelters in that region met the dogs and cats when they touched down.

“There was a great camaraderie among the group 7/8— a wonderful testament to the collective compassion in the Northwest.

As the plane touched down the group erupted in applause,” the Oregon Humane Society said in a news release.
(Associated Press, copyright 2018)

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4 hours ago

Failed state House candidate wants to challenge gas tax in court

Former candidate for state House and Republican Executive Committee anti-tax resolution sponsor, Tom Fredricks, is preparing a legal challenge on the Rebuild Alabama Act based on the perceived unconstitutional nature of the Port of Mobile dredging.

When the Rebuild Alabama gas tax increase was being debated, for all of five days, opponents were throwing everything they could at the gas tax.

All of this was for naught as the bill passed both chambers of the legislature and was signed by the governor. Your gas tax will go up over the next three years.

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The state Republican Party Executive Committee went as far as opposing the gas tax with a resolution at their winter meeting. The committee rightly argued very few politicians ran on raising taxes. In fact, many opposed tax increases or ran on keeping taxes low.

Foes of the tax, yours truly included, felt the use of the special session was a nefarious work-around the legislative process.

Lastly, a small group of insurgents pushed the ingenious argument that the portion of the law spending millions of dollars every year on dredging for the Port of Mobile was unconstitutional.

And now, the opponents of this gas tax are moving on to the next level of the battle: the courts

Fredricks appeared Monday on “The Dale Jackson Show” on WVNN in Huntsville to lay out his legal strategy.

“It appears that it’s in direct violation of Amendment 354 … the constitution says that that money shall be used on the construction and maintenance of roads and bridges,” he outlined.

Fredricks has even launched a GoFundMe page to fund this endeavor after one lawyer told him he would need $25,000 to pursue this challenge.

But, former Senator Paul Sanford (R-Huntsville), an anti-tax advocate, believes this is a non-starter after initially thinking there would be an issue in battling the tax increase.

Sanford posted his findings on Facebook.

Fredricks himself believes this is a long-shot, but stated that he believes the people of this state need to continue having a voice on this issue.

Listen:

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