July 08, 2015

As the legislative session was winding down, it was obvious no solution was going to be found for the beleaguered General Fund Budget. The Governor’s $541 million tax increase proposal had been ignored. Although he still kept preaching that this was the prescription for the ailing General Fund, the good doctor’s prognosis and recommended course of treatment was completely disregarded.

Senate President Pro Tem Del Marsh offered a solution in the form of a lottery. It did not get the proper traction, although it only calls for the legislature to vote to let the people vote. Polling shows it would pass, so the dismissal by the Senate is hard to understand. Finally, the House leadership came forward with a hybrid proposal to raise the cigarette tax and a few fees. It never got far.

With three different trains running down the same track it was a perfect storm for a train wreck and that is what occurred. However, late in the session the perennial cry to combine the two budgets was thrown against the wall again without much success.

Alabama has two budgets. The General Fund and Education Trust Fund budgets. Neither is well-funded. The reason we have two budgets is that during the Depression Era, Alabama schools were so underfunded that the prisons had better conditions. Third world countries had better school systems. Most rural schools were dilapidated one room schools with no indoor plumbing. Teachers were not even getting paid. They were being given script or promissory notes that they might get paid one day.

A progressive governor, Bibb Graves, came along and created a Special Education Trust Fund budget to see that schools had basic minimum standards and funding. At that time, the only colleges in the state were the University of Alabama and Auburn University. His education plan created teachers colleges at Florence, Jacksonville, Troy and Livingston. Graves convinced the legislature to earmark state sales and income tax for education. Education funding has been able to keep pace with inflation with these growth taxes.

Combining these two budgets has been proposed numerous times over the years. Each time with no success. Governor Bentley floated this consolidation balloon a year ago. It was met with deafening silence pretty much the same way that his tax proposal has been greeted.

Most legislators and their constituents know that public education is not funded properly. To allow the legislature to run roughshod into the education coffers would be devastating to the state. The wall created constitutionally prohibits the legislature or governor from raiding education dollars to pay for the money eating Medicaid monster.  Even more importantly, it keeps the state from putting prisoners ahead of schoolchildren. Furthermore, if this legislature or future legislatures fail to fund prisons to a minimum standard, as set forth by the federal courts, it is not only possible but probable that a federal judge could mandate prison appropriations from the state budget that would deprive schools of basic funding in favor of prisoners’ comfort.

The Special Education Trust Fund budget was created for reason. A farsighted governor and even more farsighted legislature believed that education was an important and basic function of state government and that it was important for the future of the state.

During the Paul Hubbert era, teacher salaries in Alabama moved into the top 25 in the nation. In the past five years, with the Republican takeover of the legislature and demise of the AEA, teacher salaries have dropped into the bottom 10 states in America. Our educational spending in Alabama is 48th in the nation.

Our universities used to receive half of their funding from the state. It is now less than 20 percent. Our woefully funded education system could ill afford a raid of its tax dollars.

The governor and legislature need to work together to find a permanent solution to funding the General Fund. Stealing the money earmarked for school children’s basic learning is not a solution to the General Fund’s dilemma. Nobody is going to look back 60 years from now and praise this current group for robbing from the Special Education Trust Fund to pay for prison reform.

See you next week.


July 02, 2015

Last week’s verdict that VictoryLand be allowed to reopen is justice served.  The people of Macon County voted for a constitutional amendment to allow for electronic bingo.  The issue of pari-mutuel style casino betting and the closing of the ultramodern and successful luxury gaming resort in Macon County has been laid to rest.

There have been extensive studies and articles that crystallize several obvious observations.  First of all, gambling or gaming is an extremely profitable venture and it is apparent that most Alabamians and Americans gamble whether it be online, through a bookie or via a lottery.  By the way, 48 of the 50 states receive revenue from gambling.  Alabama and Utah are the only states that do not.

The glaring question is why in the world would someone pick on VictoryLand when supposedly illicit gambling proliferates throughout the state and nation?  Another perplexing question to the average Alabamian is why the Indian casinos are allowed to operate all over the state making millions and not paying any taxes yet VictoryLand, which pays taxes and provides jobs as a resort location in one of Alabama’s poorest counties, is closed.

Finally, after years of legal battles, a court has made a ruling that the machines used to play electronic bingo in Alabama must be returned.  Montgomery Circuit Judge, William Shashy, was picked by Chief Justice Roy Moore and the Alabama Supreme Court to hear the case.   After lengthy deliberation, Judge Shashy ruled in favor of Macon County.  Attorney General Luther Strange has prudently shown that he will allow the local district attorneys throughout the state to choose whether or not they want to pursue closing of other facilities that are open.  It appears that VictoryLand will be able to reopen their facility and compete with the Indian casinos for tourists

It is a big win for the people of Macon County.  The VictoryLand Resort employed as many as 1,000 people in the county.  Judge Shashy ruled properly.  In fact, his ruling is the first time a court has actually decided the issue regarding the legality of electronic bingo.  Again, Attorney General Luther Strange should be applauded for his independence and honesty.  He has stated that it was a “fundamental fairness issue” that the state treat Indian and non-Indian casinos the same.

Under our 1901 Alabama Constitution, counties are given very little authority.  Therefore, in order to do almost anything they have to go through a cumbersome process to raise revenue or even perform functions of government.  Many times they have to go to the legislature to pass legislation granting them authority and then they further have to have an election and vote on an amendment to the state constitution.

Even though this labyrinth is long and arduous, it does carry the weight of being a part of the Constitution.  The people of Macon County, through legislative action and subsequent referendum, overwhelmingly approved their county’s right to have gaming via electronic bingo.

Macon County’s constitutional amendment is different from other counties.  They were ahead of the curve and knew exactly what they wanted.  Their Representative was Johnny Ford and their Senator was Myron Penn.  These men were clearly up front about the kind of bingo machines they intended to use.

As a member of the House of Representatives at the time, I recall Johnny Ford telling me that he had traveled to other parts of the country to see firsthand how electronic bingo worked.  They crafted their amendment to have this type of game.  Furthermore, in the referendum the proponents made sure Macon County voters knew that their measure focused on electronic bingo.  Their intent was made crystal clear in ads, flyers, meetings and media responses in which they informed Macon County residents of their intent.  The people overwhelmingly voted in favor of the constitutional amendment, but their constitutional rights have been trampled for more than three years.

VictoryLand is Macon County’s Mercedes, Airbus, and UAB.  Hopefully, they can now move on with their lives.

See you next week.


June 25, 2015

Alabama is only one of a handful of states that work out of two budgets. We have a General Fund Budget and a separate Education Budget. Our General Fund is where the severe problem rests. The reason is that the General Fund gets none of the growth taxes so its revenue has remained the same for decades.

The Legislature failed to find a solution during the four month regular legislative session. The new fiscal year begins October 1. Therefore, a summer special session will be necessary.

In the meantime, the Education Budget has passed. It glided through both houses with minimum strife. The almost $6 billion Education Budget increases funding for textbooks by $3 million. It also includes a $10 million increase for the state’s pre-kindergarten program. Colleges and universities are essentially level funded.

The Education Budget does not provide money for teacher pay raises or an increase in funding for their health insurance.  This essentially means that teachers will probably see a cut in compensation in the next fiscal year under this Republican budget.

The crisis in the General Fund Budget has been formulating for over a decade. Our current Republican governor and legislature did not create the problems, they inherited them. However, they have done very little to resolve the dilemma.

Instead, they followed the Republican rule book of cutting government and voting no new taxes. Their solution for the past four years has included cutting teacher’s and state worker’s income and benefits. Some folks would say they balanced the budgets on the backs of state workers and teachers.

As the session was winding down, some of the Republican legislators began to come to the realization that they have already cut to the bone and now must do something if Alabama is going to have any semblance of state services.

The House passed a General Fund Budget that most observers and legislators felt was merely a vehicle to drive to see how bad it would sputter down the road. The problem is the jalopy would not even make it to the road because under that proposed budget Alabamians would not have any roads to drive on much less troopers to police them. The jalopy could ramble along potholed state roads without any headlights or taillights and if a local policeman stopped them, the driver could accost the officer without any repercussions because we will not have a functioning court system to try them much less a prison to house them if found guilty.

The Budget passed by the House was referred to very elegantly by House Budget Chairman Steve Clouse (R-Ozark) as a “pig that was hard to put lipstick on.” Speaker of the House Mike Hubbard said that this is not the ultimate budget that will be enacted for the next fiscal year. Hubbard threw in the towel with four legislative days remaining. He said, “I think if we can isolate it during the summer and come back in special session in August is the best scenario.”

This grim reaper budget could be dire for Alabama’s state employees. It is a $1.64 billion budget that cuts about $204 million over the current year’s budget. State workers would not get a pay raise and they would have to pay more for their health insurance. They have not received a cost of living raise in six years and will now see their take home pay cut yet again while their work load continues to increase. The state employee workforce has been reduced by 5,000 people, which is about 15 percent since Republicans took over state government in 2010.

The most dangerous problem with the present budget involves the prison system. Not only would the heralded Prison Reform package not be implemented, the prison population would increase by another 5,400 in our major facilities. This would take the capacity from 200 percent to 226 percent. The federal courts took over California’s prisons at 150 percent which seems to be the top threshold. Sen. Cam Ward, the sponsor of the Prison Reform legislation frustratingly said, “We have just laid a red carpet for a federal takeover of our prison system.”

We will see what a special session will behold.

See you next week.


June 18, 2015

The regular legislative session ended without a General Fund Budget. As we look back politically on the first half of the year, the dilemma with the General Fund has been the dominant issue. It has been at the forefront since the beginning of the year and it is not yet resolved.

After five months of wrangling over the beleaguered General Fund Budget, a late summer special session is in the works. The state must have a budget by October 1, when the new fiscal year begins.

While legislators are home for a while to let things cool off, hopefully they are listening to their constituents. You can rest assured that one thing they are hearing from Joe Constituent is “if the only thing you have to do constitutionally in a five month regular session is pass the budgets, then why didn’t you do it?” Now it is going to cost the state another $400,000 for a special session.

However, their constituents are probably not convinced that the state needs any new revenue. That is the problem. These GOP legislators are probably reflective of their constituencies. We are a very Republican, conservative, Tea Party, no tax state.

Gov. Robert Bentley is not your typical tax and spend liberal by any means. He is a true blue conservative Republican. However, he has to govern the state and he sees the big picture and the picture is not pretty.

Gov. Bentley, like 21 other state governors, are having problems with their state finances. The good doctor governor unveiled a $540 million tax increase proposal to shore up the General Fund. The heart of his proposal, some $410 million of the $540 million he said the state needed, centered around two consumer taxes. First, $200 million would be derived from increasing state sales tax on automobiles from 2 percent to 4 percent and $210 million would come from increasing the cigarette tax by 82.5 cents per pack. There were a handful of tax proposals that would close glaring loopholes that certain corporations have politically derived over the years.

Bentley’s entire plan was ridiculed at the beginning and ignored throughout the session. His bills were met with indifference and were dead on arrival. They never even got out of committee. He could hardly even find a sponsor. The disregard for Bentley has been the most perplexing scenario of the year.

However, about half way through the session a good many Republican legislators realized that Bentley was not crying wolf and, even if they did not agree with his solution, he was right that something had to be done if state government was going to function.

The first leader to step forward was President Pro Tem of the State Senate Del Marsh (R-Anniston). Marsh offered a solution that might work. His plan would allow the people of Alabama the right to vote on a lottery to resolve the budget problem. It would require a vote of the people because it is a constitutional amendment. The only vote a legislator would be required to make would be to allow it to be put on the ballot.

The governor would not be involved in a constitutional amendment. However, inexplicably, the governor came out against it. It would raise the same amount of money as his tax plan. However, it does not seem to matter to House or Senate members what the governor thinks.

This solution is the most appealing to the average Alabamian. Even if they do not like gambling, they do not like seeing their money flowing to our surrounding states and funding schools and government in Georgia, Florida, Tennessee and Mississippi.

The House came up with a complicated hodgepodge of taxes and fee increases that went nowhere because the Senate told them they were not going to vote for taxes, so why blemish their no tax record for naught.

The special session may give some power to the governor. It will take a three fifths vote to deviate from his call. They will have to focus on the budget. Everything is on the table including a cigarette tax and gambling.  Some blend of Bentley’s tax proposals and Marsh’s lottery proposal could form a solution. If it does, the extra expense of a special session may be money well spent.

See you next week.


June 11, 2015

As I was walking out of the Statehouse recently someone asked me, “Do you think we will have gambling in Alabama”.  My response was simple. We already have gambling, the state just does not derive any revenue from it.

Indeed gambling proliferates in our state just as it does in all of the other 49 states and the District of Columbia. People gamble online prolifically every day. There are no state line boundaries to internet gambling. All of the revenue from that activity goes out of state. Our people play the lottery, they just buy their tickets in Florida, Georgia and Tennessee. Our surrounding sister states fund their government and educate their children with our recreational dollars.

I hardly go anywhere in the state that I do not hear someone cackle that they are going to Biloxi to the shows at the casinos. Therefore, it did not surprise me when I read that 12% of the patrons at the Mississippi casinos were Alabamians. So our recreational gaming dollars are funding Mississippi state government. In fact, Mississippi derives 11% of their entire state revenue from gaming dollars.

Alabamians do not even have to go to Mississippi casinos, we have them here. They operate as Indian gambling casinos. These casinos are federally sanctioned. Therefore the state gets no revenue from these facilities. Only the problems and costs associated with gambling addiction.

The so called Indian gambling establishments in Alabama and around the country were created under a cloud of corruption that ranks as one of the most corrupt scandals in American history. “Casino Jack” Abramoff and his partner Bob Scanlan came to Washington armed with $40 million. They essentially bought and bribed enough congressmen and senators to give these casinos a monopoly. After the legislation was passed, Abramoff and Scanlan pled guilty to federal charges of conspiracy, tax evasion and mail fraud. They went to jail with 21 other Washington insiders and congressmen. However, the Indian gambling deal is still federal law.

Bob Scanlan worked for Bob Riley when Riley was a congressman. Soon thereafter Riley ran for governor. He received a good amount of his campaign money from these same Indian gambling syndicates. The Indian gambling money that flowed into the Riley campaign is probably the reason he narrowly won the 2002 Governor’s Race.

As pay back for them electing him, Riley spend the last two years of his term working to close down Macon County’s VictoryLand. The Indian gambling interests like a monopoly, which is what they have in Alabama.

Gambling dollars are big. The money spent politically is big. That is why it has become the centerpiece of conversation late in this legislative session. Legislators have come to the realization that the beleaguered General Fund is in dire straits. They believe that the good doctor, Gov. Robert Bentley, is right on that point. However, they have not and it appears they will not adopt his $540 million tax package.

The House of Representatives for the first time in four and a half years appears to have become disorganized. They have followed Speaker Mike Hubbard like a flock of sheep. They have been herded like goats. They may have come to the realization that they may be being led like pigs to slaughter.

The leader that has emerged in the first year of the quadrennium is Senate President Pro Tem Del Marsh (R-Anniston). He has offered to the senate a constitutional amendment to let the people of Alabama vote on a lottery. Polling shows that it would pass overwhelmingly in a referendum.

However, it has serious political opposition inside the Statehouse and Capitol getting to the people. Gov. Bentley is opposed inexplicably because it raises about the same amount of money for the General Fund as his tax plan. Speaker Hubbard will oppose it in the House if it gets out of the Senate. He is tied inextricably to the Poach Creek gambling money. Therefore, it looks like there are three different trains going down the tracks and folks that is a recipe for a train wreck.

It looks like a Special Session is in the works. In a Special Session the legislature must focus on the budgets and how to provide the revenue needed for state government to function. A special session is limited to 12 meeting days in 30 calendar days and only items in the governor’s call for the session may be addressed without a two-thirds vote by both chambers.  We will see.

See you next week.


June 04, 2015

We are in the final days of the first regular legislative session of the quadrennium. The session constitutionally has to end June 15. The governor and legislature are at a standoff. The financial dilemma in the State General Fund has not been addressed and the budgets are up in the air.

As the session began four months ago, Gov. Robert Bentley was the first to cry wolf. No Republican likes to say the word tax, much less propose such a solution or vote for such a blasphemous resolution.

The governor is a lifelong Republican and over two thirds of the legislature, both the House and Senate, are Republicans. These folks are real Republicans. Conservative does not describe most of these solons. Right wing reactionaries would be a more accurate description.

Therefore, Governor Bentley’s appeal to save our bare bones Medicaid program and keep the federal government from taking over our prisons, closing our state parks and doing away with state troopers and highways does not stir the hearts of a good many of these Republican Tea Party stalwarts. In fact, if truth were known, some could not care less if we simply did away with Medicaid or state government entirely.

However, something changed over the course of the Session. About half of the Republicans realized that Governor Bentley was not crying wolf. They have come to the realization that something has to be done and we really do have to provide some semblance of state services.

They never have given Governor Bentley’s $540 million tax package any consideration. It is as though he does not exist. I have never seen a governor treated with such complete disdain or irreverence, especially one as popular with the electorate and from the same political party. His tax increase proposals have not even been given a hearing, much less a committee vote. He had a hard time even getting a sponsor.

Bentley has been rendered irrelevant in the budget process. He has journeyed around the state touting his plan to Chamber of Commerce groups and civic clubs to no avail. He has shown remarkable political naïveté with this approach. If he sells the chamber members on his taxes, they first of all are probably not going to call their state senator and secondly they probably do not know who their senator or representative is, especially if they are from an urban area.

Even if Bentley is a voice in the wilderness and they do not fear him or respect him politically, they have bought into the concept and belief that something has to be done for the beleaguered general fund.

We are not alone in this budget crisis. At least 22 other states project budget shortfalls for the coming fiscal year. State Senator Del Marsh, the President Pro Tem of the State Senate, came forward with a bold move. The senate leader has proposed offering a constitutional amendment for the people of the state to vote on having a state lottery. The proposal would be on the ballot on September 15, just before the fiscal year begins on October 1. His plan would bring in about the same amount of money as Bentley’s tax plan.

Marsh’s argument is that gambling is here in every form. It is probably more prevalent and less harmful than alcohol and our people are sending these dollars to Georgia, Tennessee, Florida and Mississippi. Indeed, Mississippi derives an amazing 11% of their entire state revenue from gambling and 12% of the patrons at their entertainment centers are from Alabama. Marsh says that he senses more support among senators to vote to allow their people to vote on a lottery than to vote for taxes.

The House seems to be somewhat rudderless for the first time since Mike Hubbard became Speaker. The Speaker seems to have lost some of his control of the House. It may be due to the felony trials he awaits in October.

In an awkward move, Hubbard proposed a hybrid small tax plan that suspiciously gave protection to the Indian gambling syndicate who desperately want to keep their monopoly on gambling in the state. A lottery and state taxed casinos would cook their golden goose.

Polling shows that if the lottery gets to a vote of the people it would pass overwhelmingly. We are only one of two states in America who derive no revenue from gambling. We are at a stalemate in the waning hours of the session. It looks like a Special Session may be necessary to resolve the budget crisis.

See you next week.


May 28, 2015

This has been an eventful year. Thousands of tourists have flocked to Alabama to commemorate the 50th Anniversary of the Selma to Montgomery March for Civil and Voting Rights. The events that happened in Alabama spurred the enactment of the landmark acts that broke down the legal barriers prohibiting African Americans from voting in the South.

The Civil Rights Act of 1964 made it unlawful to discriminate based on race. It was followed up the next year with the Voting Rights Act of 1965 that assured African Americans the right to vote.

Ironically, as the state and nation were preparing to celebrate and remember the famous 1965 marches and subsequent enactment of the Voting Rights Act, the federal courts essentially gave all marriage rights to homosexual couples in Alabama. Federal judges have clearly and emphatically ruled that it is unconstitutional to prohibit lesbian, gay and bisexual people from marrying each other. The federal courts have determined that same sex marriage rights are granted under the equal protection clause of the 14th Amendment.Read more


May 21, 2015

The hallmark accomplishment of this year’s legislative session will be a comprehensive prison reform package. This legislation is the one long-term substantive issue tackled by the super majority Republican legislative body.

This comprehensive prison project has been in the works for a while. A lot of research and planning went into the plan. State Senator Cam Ward (R-Alabaster) has been the steward of the project. Sen. Ward chairs the Prison Reform Task Force, which formulated the plan. He is also Chairman of the Senate Judiciary Committee and he shepherded the plan through the legislative process.

Something had to be done. Alabama is in a crisis situation when it comes to prison overcrowding. Alabama’s prisons are at 200% capacity. The current prisons are designed to house 12,500. We have over 25,000 prisoners. We have had serious problems already arise at the Julia Tutwiler Prison for women. Our other institutions are ticking time bombs.

We are destined to be taken over by the federal courts. Federal judges took receivership of California’s prisons at 140% capacity. What do you think they would do to us at 200% capacity? Hopefully, if we are taken to court, the jurists will see we have made a move toward rectifying the crisis. The price tag of paying for what the federal receivership would require would be staggering to the state.

You may ask what exactly does this prison reform plan do. You first have to build some more prisons. The plan calls for an additional 2,000 beds over the next five years. These new prisons will not by themselves resolve the problem. Additional program implementations will hopefully bring overcrowding down to about 140%, which may be an acceptable level to a federal court.

The plan’s changes and building proposals have an approximate $35 million price tag. The primary focus of the long-term plan is twofold. New sentencing guidelines are designed to reduce recidivism through mandated supervision. Most inmates are not supervised much less assisted in finding employment. Under this current situation the odds of the inmate returning to prison are very high. The package calls for hiring 123 additional parole and probation officers.

These measures are not expected to give immediate relief. Over the next five years projections are that the increase in new parole officers, coupled with new buildings to incarcerate hardened criminals will cost $35 to 43 million and the savings evolved from less recidivism would save the same amount. Therefore, at best, in a few years it will be a wash financially.

In the long run, it is a good plan. The plan’s parent, Senator Ward says, “Our problem is we’ve spent so long ignoring the problem, it’s so far gone it’s going to take four or five years to see any savings.” Thus, the big question is how do you come up with the $35 million initial money to pay for the plan.

Much like the myriad of financial problems facing the General Fund, the prison problem has evolved over decades of neglect by the legislature. The chickens have come home to roost on this super majority Republican watch.  They did not create the problem, they inherited it.

In a true Republican spirit they cut government spending drastically over the past four years. However, also in a true Republican theme, they have dwelt on right wing social issues that have actually exacerbated the financial situation. They have passed blatantly unconstitutional acts that any ninth grade civics student knows are federal issues.

The sad fact is that it costs money out of the General Fund to pay to defend this demagoguery. The legislature should simply pass resolutions saying they hate abortion, immigration and Obama Care. They could get the same political mileage with their political pandering but at least it would not cost the state anything other than the paper it is written on. The Resolution would have the same effect as their Act.

See you next week.


May 14, 2015

You would have to have been under a rock for the past six months to not have heard that the State General Fund has a shortfall and Gov. Robert Bentley has proposed a $540 million tax increase solution to resolve the problem.

This crisis has been formulating for close to a decade now. It is under Dr. Bentley’s watch that the train wreck has finally occurred and the chickens have come home to roost. During Bob Riley’s eight year ride, money was shuffled around and a lot of federal stimulus money fell on the state like manna from Heaven. Therefore, Riley got to spend his last two years in office playing cops and robbers.  He rounded up all the troopers and rode around the state closing down constitutionally sanctioned and tax paying gaming casinos with the zeal of a child pretending to chase Al Capone.

Riley’s charades were gleefully welcomed by his friends in the Indian gambling establishments who pay no taxes. While Riley obsessed over granting a monopoly to the Indian casinos, the state financial picture worsened. A national recession settled in and all state governments fell on hard times.

Alabama’s problems are further exacerbated by the fact that we are only one of a handful of states that work out of two budgets. The Education Budget receives all of the growth taxes, such as income and sales tax. Therefore, the poor General Fund has to live on the same revenue today as it was 30 to 40 years ago. Unfortunately, the cost of things increase over the course of four decades. Automobiles, gasoline, desks, paper, pencils and especially health insurance have all gone up exponentially in cost.

Anybody could predict that eventually the beleaguered General Fund was going to have a rude awakening. During the 2010 Governor’s race, I continuously told you that whoever won the governor’s office was going to be a one-term governor simply because they were going to inherit a sinking financial ship of state and would be forced to raise new revenue.

Dr. Bentley took over this ship. It was like walking onto the deck of the Titanic. Riley left the cupboard bare and the federal stimulus money was gone.  Somehow Bentley and the super majority legislature maneuvered through four years of financial Armageddon. They cut state services, the number of state employees and the salaries of those who were left. They were both overwhelmingly reelected.

Today, the first regular session of the quadrennium is heading toward its adjournment and no resolution is in sight. The governor and legislature are at a standoff. The super majority legislature is made up of some very conservative folks. It is probably the most conservative legislative body in the nation, both socially and fiscally. However, they are probably reflective of the constituents who sent them to Montgomery. Our electorate is very conservative.

These legislators are more interested in posturing against federal issues like abortion, immigration, gun rights, gay rights and Obama Care, than addressing the state’s budget. Therefore, they are sticking to their no new tax mantra and pledge and have buried their heads in the sand like ostriches. They are more interested in pleasing Grover Norquist than Dr. Bentley.

The problem with this approach is that whether they like it or not, the federal government always prevails over state government. The feds already sent them a message on the aforementioned social issues. If the crisis in Alabama’s prison population is not resolved this year, the federal government will probably take over our prison system. If they do take over our prisons, the picture will not be pretty.

The Medicaid problem needs a long term solution. It is a money eating monster that is now taking up one third of the General Fund.  The Chairmen of the General Fund Budget Committees, Rep. Steve Clouse (R-Ozark) and Sen. Arthur Orr (R-Decatur), have done excellent jobs trying to craft budgets. Their yeomen efforts may be to no avail during this regular session.

It looks more and more every day like a special session may be on the horizon to resolve the budget dilemma. The fiscal year begins October 1. In a special session called by the governor, the legislature must focus on what the governor has put in the call. It may be a long hot summer in Montgomery.

See you next week.


May 07, 2015

There is an ominous cloud hanging over this legislative session. Last year the U.S. Supreme Court surprisingly agreed to hear a Hail Mary complaint filed by the black legislative caucus over the 2014 redistricting plan. In an even more surprising opinion, the Supreme Court ruled in favor of the complainants and remanded the case back to the 11th Circuit Court of Appeals instructing the lower court to tell the legislature to try again.

The super majority Republican legislature fully complied with the Voting Rights Act and the Justice Department guidelines when they crafted the new districts prior to the 2014 legislative elections.  Specifically, they protected African American districts. The plan not only reserved the current number of minority districts, which by the way has the best reflection of African American districts of any state in America, they actually created a new additional minority House seat in Huntsville.Read more