Archive for: May 2008

I’m off to Tuscaloosa so we can finish moving. After that, it’s Magic City Brewfest Saturday and Sunday. The big news I don’t have time to talk about is some very interesting goings-on involving Paul Hubbert, the Republican primary, and the State Board of Education race. I’m sure Danny and the papers will have input over the weekend. I’ll try to do a post some time soon.

Really, seek me out if you’re attending the Magic City Brewfest.

Sara’s cats are still annoying, though.

The black caucus in the House is filibustering the budget.

“Folks say we’re killing the budget. We’re not killing the budget. We’re making a stand for our constituents,” said Rep. John Rogers, D-Birmingham.

… by killing the budget.

It’s quite the indictment^[pdf] too. This is from a federal grand jury. The state has already charged him with theft as well.

U.S. Attorney Alice Martin during a press conference today said McClain used his public office for “personal profit.”

“He worked the ‘pass through grant process not to help his community and those in need of GED training, but to line his pockets with over $300,000,” Martin said.

If you’re looking to see a conviction, don’t get your hopes up with Alice Martin on the case.

After the budget passed the Senate, freshman representative James Fields (D) rose in the House and made the announcement.

The House of Lords just passed the education budget. The great House of Lords just did something constructive.

Interesting analogy. (Start reading the section titled “George Norris”).

The final vote was 32-1. Only Senator Beason voted against it. Tell me again why this couldn’t have been done at 11 AM last Monday?

Forget PAC-to-PAC transfers. Senator Mitchell says he wants to criminalize PAC-to-PAC-to-candidate transfers (to some extent). Of course, PACs only exist to give money to candidates. Under his bill, however, it would be criminal for one PAC to tell another PAC how to use the money it just gave them. So it tries to prevent one PAC from using another PAC to launder it’s money. Here’s the language it would add.

Notwithstanding any other provision of law, a political action committee may not make a contribution to another political action committee other than a principal campaign committee and designate the principal campaign committee of a candidate to receive all or part of the contribution.

What a bad law. It’s completely unenforceable and would not prevent anything. There’s a 1991 AG opinion that says holds that donors to a PAC can request that funds be spent on a certain candidate. That opinion also says the PAC can spend it however they want, regardless of the request.

I’m really starting to think how bad of an idea this is. Some scenarios and concerns.

• If John PAC gives money to Jane PAC and John PAC says, “Here’s some money. I want half of it to go to Senator Doe.” That would be a crime.
• If John PAC gives money to Jane PAC and then says, “I hope but do not request that half of it go to Senator Doe.” That may or may not be a crime depending on a court.
• If Jane PAC says to John PAC, “Give me some money and I’ll put half of it toward Senator Doe,” and then John PAC gives the money, that is likely not a crime.
• If John PAC and Jane PAC have the same chairman, is he allowed to think about where the money goes if he transfers funds between the two?
• If John PAC gives money to Jane PAC and directs where it should go, and nobody’s around to hear it, does a prosecutor care?
• If Jane PAC has given money to 2 incumbent candidates for 10 years, and John PAC gives Jane PAC money and says, “Do whatever you want with it,” is that a crime?
• If Jane PAC is soliciting money and tells John PAC, “We’re focused on Issue X and we’re thinking about targeting Senator Doe for defeat if he has a strong candidate,” is it a crime if John PAC likes the strategy and then donates money?

Senator Mitchell says his personal research has shown that every other southeastern state has a law like this. I’ll do some looking.

Also, this bill only applies to PACs making contributions. Nothing in the bill prevents individuals or other entities from directing where their PAC contributions should be spent.

I find this interesting.

The Legislative Fiscal Office estimates that the special session, even if it lasts the minimum five days required to pass a bill, will have cost taxpayers about $110,000. Also, superintendents statewide have fired more than 1,000 public school employees this month, in part because of uncertainty over next year’s budget.

And the House black caucus is considering filibustering the budget to protest the fact that their grocery tax bill doesn’t have the votes to pass.

Taken by Brian T. Murphy
Allstate Electric Company
Birmingham, AL

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1901: Seven days into the Constitutional Convention of 1901 a petition submitted by Booker T. Washington and twenty-three other African-American leaders is read to convention delegates, all of whom are white. The petition asked that the black Alabamian be given “some humble share in choosing those who shall rule over him.” Nevertheless, with the ratification of the Constitution of 1901 in November, blacks–along with poor whites–were effectively disfranchised.

• Most historical information provided by the ADAH.

Apparently the higher education lobby is getting a $5 million funding cut for their role in killing the education budget in Alabama on the last legislative day. Some senators offered an amendment to the education budget that would give higher education an additional $25 million. When the wind didn’t blow their way, they killed the budget. It was basically a battle between the K-12 lobby and the higher education lobby over funding where everyone lost.

I get the idea, although I’m surprised that it’s being accepted. It was, of course, the brainchild of Paul Hubbert of the AEA.

“It’s enough probably to get their attention, but not enough to be vindictive. It’s kind of a tap on the wrist,” said Hubbert, executive secretary of the Alabama Education Association teachers’ lobby.

It’s always surprising for me to see how much power Paul Hubbert openly wields in the Alabama legislature.

Here’s the complete list of what the Governor is asking the legislature to address.

• H/T Danny

1828: A United States arsenal is established at Mt. Vernon, near the juncture of the Tombigbee and Alabama Rivers. It had previously been the headquarters for General Claiborne in the Creek War of 1813-1814. In 1873 the Arsenal was converted into a barracks, which from 1887 to 1894 housed Apache Indian prisoners, including Geronimo. In 1895 the land was conveyed to the State of Alabama and became the site of the Mt. Vernon Hospital.

1951: Batting for the New York Giants against the Boston Braves, Alabama native Willie Mays gets his first hit in the Major Leagues–a home run. Born near Birmingham, the “Say Hey Kid” went on to be named National League Rookie of the Year and hit 660 homers in a legendary Hall of Fame career.

• Most historical information provided by the ADAH.

BMLL says most Birmingham employees are going to a 4-day, 10-hour work week to help employees save fuel. The city will still be open 5 days so I guess it’s shift work. Of course, with frequent 3 day weekends, it’s a perfect opportunity to take the family SUV to the beach.

Langford has calculated that the plan will save employees $750,000 a year.

Look, I’m not trying to be mean here, but do we really trust BMLL when it comes to financial calculations? I mean… really… who is the last person in Birmingham you would trust to make an economic prediction.?

Regarding his appointments of County Commission seats, the US Supreme Court says Riley was right. So he apparently can appoint vacant county seats even if the county has a rule calling for a special election. The opinions can be found here.

Justices Stevens and Souter were the only ones to dissent.

Perhaps I was not legally correct here and here. (Technically, I said as much then). That’s not terribly surprising since my primary law expertise comes from watching Law and Order and having read a single John Grisham novel in my life. I guess those fancy Justices with their fancy robes may know more than I do.

This article explains the Governor’s agenda. Looking at ALISON, however, there were 69 House Bills introduced and 141 Senate bills. Is this par for the course? Do they just introduce all these bills and let them die? Are these popular bills that are expected to quickly pass with super majorities? I realize that local bills are allowed to go through during a special session, but these aren’t just local bills. Just curious. I wasn’t really paying attention the last time the legislature failed to pass a budget.

So the Alabama legislature was in session from February 5 to May 19. In all that time, they’re only allowed to be on the floor for 30 days. So for about three and a half months, with plenty of “wheel and deal” time, they couldn’t produce a remotely acceptable education budget.

Then, suddenly, the Governor calls a special session the week after they failed, and *poof* they’ve worked it all out.

I hope to see you all there at the 2nd Annual Magic City Brewfest this weekend (Saturday, May 31 and Sunday, June 1). I’ll be the guy in the Free the Hops shirt.

But I’ve got to organize my home library. If that’s more important to you than being able to sample hundreds of fine beers, having access to great food, listening to great music, or socially interacting in a laid-back environment… God have mercy on your soul.

But I had to wait in line for food last time so I’m boycotting. Yes, the event was much more successful than we anticipated last year, which led to some logistical problems (because it was so awesome). We are more prepared this year. The food tents are going to be spread out and the bottleneck will be eliminated.

But I have kids. Judging from last year, the Sunday session (3PM - 7PM) will be sunny and great for families. There were lots of kids and babies last time. I thought I had finally convinced you that Free the Hops isn’t a bunch of frat boys. The Saturday night session (7PM - 11PM), however, will probably be a younger crowd.

But I don’t drink (much) beer. Then go with friends and family. If you enter with someone buying a regular ticket, you can get in for free as a designated driver. You get unlimited access to all non-alcoholic beverages and our friends at Primavera will be giving you free coffee. There’s also a $7 General Admission ticket for those who just want to listen to music and maybe  buy a couple beers by glass.

But your selection is going to be limited b/c the Alabama Senate sucks @$$. True, and I’m very sorry the Alabama Senate is so horrible. But there’s still some very good beers available in Alabama and you can help the efforts of Free the Hops just by drinking them with us. This is the secret to our success. By having beer with us, you help us. It’s win-win.