Latest news with #HouseWaysandMeansGeneralFundCommittee
Yahoo
23-04-2025
- Politics
- Yahoo
Alabama Senate committee hearing on police immunity bill draws critics
Rep. Rex Reynolds, R-Huntsville, making notes in the House Ways and Means General Fund Committee on April 1, 2025, in the Alabama State House in Montgomery, Alabama. The Alabama Senate Judiciary Committee hosted a public hearing Wednesday for his legislation regarding police immunity. (Anna Barrett/Alabama Reflector) An Alabama Senate committee hearing Wednesday on a bill that would enhance immunity protections for law enforcement drew critics who feared the consequences for their communities. Speakers at the public hearing in the Senate Judiciary Committee said they feared HB 202, sponsored by Rep. Rex Reynolds, R-Huntsville, would allow law enforcement to act with impunity. 'This bill moves the needle to something that could be very dangerous,' said Gida Smith, a Montgomery resident. 'A police state seems far away from us, but police states do not happen overnight. They happen in increments, you allow a little of this, you allow a little of that, you exempt people from prosecution, you exempt the president from prosecution.' The legislation establishes a heightened standard that law enforcement can be held liable for misconduct while performing their duties, and allows them a procedural hearing to determine if their actions are within the scope of their duties before a case can move forward that alleges wrongdoing. 'Here for me is the core of the bill,' Reynolds, a retired Huntsville law enforcement officer, told the committee before the public hearing. 'Law enforcement officers who use force constitutionally while carrying out their duties are immune from prosecution. Law enforcement officers are not immune for any unconstitutional use of force during any execution of duties. If it is unconstitutional, they have no coverage under this piece of legislation.' Supporters of the legislation said it would align existing state statutes with case law. 'HB 202 is offered to amend certain laws, as you have already heard, that were last updated in 1979,' said Hoss Mack, executive director of the Alabama Sheriffs Association. 'It defines the definitions of 'use of force' incidents involving law enforcement in line with current federal law and United States Supreme Court decisions. In amending these laws, it will also align what is already being taught in law enforcement academies across this state.' But critics were not convinced. Travis Jackson, a Montgomery resident who spoke against the legislation when it was in the House, said the legislation will not allow officers to protect and serve the public. 'Law enforcement will have a jail-free card due to not getting held accountable for their criminal mischief,' he said. The bill passed the House of Representatives in March despite unified opposition from Democrats and attempts to filibuster the legislation. HB 202 would change the law so that officers would have immunity so long as they do not violate people's rights in the U.S. or Alabama Constitution. Currently, law enforcement does not have immunity if they act 'willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.' It also provides law enforcement with a court hearing to determine if they acted within the scope of their authority. If the court rules they acted within their duties, then either the civil lawsuit or the criminal case is dismissed. The bill also provides police officers and deputies with protection from having to provide evidence during discovery in civil cases, and it allows them to assert the same immunity claims that they acted within the scope of their authority during the incident of alleged wrongdoing. Nearly all Democrats on the committee said they opposed the legislation. 'It is a green light for Black folks to get killed,' said Sen. Rodger Smitherman, D-Birmingham. 'That is just the bottom line. It is a green light for Black folks to get killed, and the person has the opportunity to not be held accountable. It does that.' Sen. Linda Coleman-Madison, D-Birmingham had concerns about people with a disability, such as people who have lost their sight or hearing, who then have trouble complying with the law enforcement orders. 'Oftentimes, if a person does not understand that, and he is using his own discretion in a situation, it could turn deadly,' she said. At least one Republican lawmaker on the committee supports the bill. 'I want to thank you for bringing this bill,' said Sen. Greg Albritton, R-Atmore. 'It is about time that we statutorily came to align with clarifying the roles and where those split-second decisions can be made.' The committee did not vote on the legislation on Wednesday, but could do so next week. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
03-04-2025
- Business
- Yahoo
Alabama House approves $3.7 billion General Fund budget for 2026
Rep. Rex Reynolds, R-Huntsville, the chair of the House Ways and Means General Fund Committee, listens to a speaker during debate over the fiscal year 2026 General Fund budget on April 3, 2025. The House approved the $3.7 billion budget on a 95-3 vote. (Brian Lyman/Alabama Reflector) The Alabama House of Representatives approved a $3.7 billion 2026 General Fund budget 95-3 on Thursday morning. HB 186, sponsored by Rep. Rex Reynolds, R-Huntsville, is $347 million more than the current budget, about a 10% increase. Black Democrats criticized the budget for cutting appropriations for the Magic City Classic; Birmingham Civil Rights Museum and Jazz Hall of Fame. Rep. A.J. McCampbell, D-Linden, said the programs were part of diversity, equity and inclusion and needed to be funded. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'If we don't bring all of the minds, all of the cultures and all of the people together to work on things that affect all of the people, then we develop things in silos,' McCampbell said. Rep. Juandalynn Givan, D-Birmingham, said a senator held a luncheon at the Jazz Hall of fame last week and wondered what happened in a week to the support of the museum in Birmingham. 'A couple of days later, we find out that the small funds that they would be receiving would be cut,' she said. The programs get a total of $2.2 million (0.06%) in the current budget. Reynolds told Givan that the programs would be funded through a Senate amendment. He said the budget was run through a computer program that cut one-time appropriations and that he would be willing to add funds back in for programs that needed it. 'When members came to me and asked me to reinsert those, we often did,' Reynolds said. 'But nobody had requested that those get put back in there.' The House version of the budget is about $6 million higher than Gov. Kay Ivey's proposed budget, filed in February. The chamber also adopted a committee amendment that appropriates money for a statue of Helen Keller on the Alabama State Capitol grounds. Reynolds also offered a floor amendment that added $425,000 for a Transportation Pilot Program under the Alabama Department of Human Resources. It passed 97-0. 'The $425,000 is for SAFE, Mary Hill Family Services Center and Circle of Care Center for Families,' Reynolds said. The Alabama Medicaid Agency, which provides health insurance for over 1 million Alabamians, nearly all children, elderly citizens and those with disabilities, will get $1.179 billion from the state, a $223.8 million (19%) increase over this year. Ivey requested $1.184 billion in February, about $5 million than what the House approved. The Alabama Department of Corrections, which administers the state prisons, will get a $90.1 million increase (11%) to $826.7 million. The Alabama Department of Human Resources, which provides child and adult protective services, enforces child support payments and administers food and family assistance, will get $148.9 million from the state in 2026, a $4.7 million (3%) increase from the current budget. The Alabama Department of Mental Health, which provides mental health care services in the state, will get a $4.7 million increase (2%) to $244 million. The Legislature cut the funding from Ivey's recommendation by $3.7 million. 'Sustainability is always my priority when developing the budget—we must make decisions that the state can afford not only now but, in the future, as well,' Reynolds said in a statement. 'While high interest rates are driving revenue growth in state accounts, that will not always be the case, which is why we must continue to approach this process from a fiscally conservative standpoint.' House Speaker Nathaniel Ledbetter, R-Rainsville, applauded Reynolds and the committee for their work on the budget. 'Our budgeting process is calculated, transparent, and guided by the principle of not spending every dollar that comes in,' he said in a statement. 'I commend Rep. Reynolds and the members of the House for their work in developing the state's financial plan for 2026 and setting Alabama up for continued success.' The budget now goes to the Senate. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
01-04-2025
- Business
- Yahoo
Alabama House committee approves General Fund budget; chamber vote expected Thursday
Rep. Rex Reynolds, R-Huntsville, making notes in the House Ways and Means General Fund Committee on April 1, 2025, in the Alabama State House in Montgomery, Alabama. The committee unanimously approved the 2026 General Fund, which Reynolds sponsors, on Tuesday. (Anna Barrett/Alabama Reflector) An Alabama House committee Tuesday unanimously approved a $3.7 billion General Fund budget for 2026 on Tuesday morning, a $347.9 million (10%) increase over the current year's budget. The House Ways and Means General Fund Committee's approved budget is about $6 million higher than Gov. Kay Ivey's recommendation. Chairman Rex Reynolds, R-Huntsville, said the proposed budget reduced Alabama Medicaid by $5 million and the Alabama Department of Mental Health's allocation by $3.7 million. Reynolds said the decrease was removing one-time appropriations to those agencies that are no longer needed. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'Don't read anything into that. They absolutely still need the money,' Reynolds said. 'We just worked with those agencies and we'll spread that allocation out over 2026 and 2027.' The representative said most of those funds came from COVID appropriations that are going away, but the state would likely increase those agencies' budgets next year. The Department of Commerce's budget will be cut by $10 million from 2025 to 2026. The committee substitute and Ivey's recommendation cut funding for every line item under the department completely except for the Port of Mobile. That appropriation decreased from $5 million to $3 million. 'We anticipate that to be an annual line item going forward in our General Fund budget,' Reynolds said. Rep. A.J. McCampbell, D-Linden, brought up the $350,000 difference in the budgets for each of the legislative chambers. The Alabama Senate is set to receive $300,000 for reapportionment litigation expenses. 'I'm just trying to get an understanding why, if the budget starts here, why do they get more?' McCampbell asked. Reynolds said that it was no different than the 2025 budget. He said the additional $300,000 is for the congressional redistricting trial. He said the funds could be used for paying attorneys or for a potential settlement. 'When they come out of that, we may have to redraw them and there's a big cost associated with that,' Reynolds said in an interview. HB 186 is expected to receive a vote in the House on Thursday, House Speaker Nathaniel Ledbetter, R-Rainsville, said. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
11-02-2025
- Politics
- Yahoo
Alabama bill would give law enforcement additional protection from lawsuits
Rep. Rex Reynolds, R-Huntsville, the House Ways and Means General Fund Committee chair, discusses a bill on the floor of the Alabama House of Representatives on March 14, 2023. Reynolds has introduced a bill to provide law enforcement with enhanced immunity against lawsuits. (Stew Milne for Alabama Reflector) An Alabama lawmaker has filed a bill that could enhance immunity for law enforcement officers against civil litigation or criminal prosecution by establishing an additional court proceeding to determine immunity. HB 202, sponsored by Rep. Rex Reynolds, R-Huntsville, chair of the Ways and Means General Fund Committee, allows police, sheriffs' deputies and detention officers to have immunity from civil and criminal litigation if they were acting within the scope of their authority as law enforcement. A message was left with Reynolds Monday seeking comment. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Under current statute, law enforcement officers are protected from tort litigation if their conduct aligns with the job but not if they act 'willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.' Reynolds' bill would give law enforcement officers immunity while working at their jobs unless they behave recklessly or violate a person's constitutional rights, an additional layer of protection than what is currently allowed in state law. The bill would require a court to offer a law enforcement officer a pretrial hearing to determine whether the use of force was justified. It would also allow law enforcement to argue at the hearing that they are immune from prosecution. 'The case shall not proceed to trial until the court enters a written order setting forth reasons that the defendant lacks immunity from criminal prosecution under this section,' the bill states. Should a court rule that the officer does not have immunity, law enforcement can appeal the decision to the Alabama Supreme Court. The legislation is part of a package of bills dealing with law enforcement in the current legislative session. House members and the Senate will also discuss legislation related to Glock switches to help address homicide rates, as well as scholarships for dependents of law enforcement to help with recruitment efforts. 'Bolstering public safety is my number one priority this session, and I am proud to partner with Speaker Ledbetter and a bipartisan group of legislators in putting forward a package of bills that will back the blue and combat inner city gun violence,' said Gov. Kay Ivey during her State of the State address last week. 'Working together, we will create a safer Alabama.' Under Reynolds' legislation, people pursuing a civil or criminal lawsuit against a law enforcement officer must prove wrongdoing and that law enforcement officers were acting outside their authority. 'The court must determine whether, if done for a proper purpose, the conduct was within, or reasonably related to, the outer perimeter of a law enforcement officer's governmental discretion in performing his or her official duties,' the bill states. According to language in the legislation, to file a civil lawsuit against law enforcement, the plaintiff must first cite the 'legal authority' that creates the claims along with the factual allegations. Law enforcement can also refuse to comply with discovery in civil cases unless the motion to dismiss the alleged misconduct is frivolous, to preserve evidence, or to prevent undue prejudice or avoid justice. Reynolds' legislation allows law enforcement officers to ask a court to dismiss the suit or give summary judgment on the grounds that they have immunity and 'shall entitle a law enforcement officer to mandamus relief from the Alabama Supreme Court.' Russell Gold, a law professor at the University of Alabama, said the bill would likely 'make bringing lawsuits against police officers even less likely,' citing qualified immunity, which protects not only law enforcement, but most government officials from liability when performing a job. 'I don't have any reason to be concerned with frivolous lawsuits,' he said. 'It is a tall order for someone to recover against a police officer. It is just a hard case to win.' The bill would not have any effect on claims against law enforcement officers filed in federal court, the jurisdiction of many lawsuits filed against police. Civil rights groups had some reservations about the bill. 'I am hopeful that legislators will thoughtfully consider the appropriate balance between the ability of law enforcement to keep our communities safe while ensuring that meaningful safeguards remain in place to hold those within the system accountable when they violate the trust placed in them,' said Jerome Dees, Alabama policy director for the Southern Poverty Law Center. Rep. Juandalynn Givan, D-Birmingham, had concerns that offering immunity for individuals could make them less accountable when they engaged in misconduct. 'I believe everyone should have the right to seek judicial relief within the courts without the doors getting slammed in their faces,' she said. 'Regardless of whether it is my profession or occupation, or another. We are continuing to further expand immunity.' Law enforcement groups, including the Alabama Sheriffs Association, said they support the bill. Hoss Mack, executive director of the Sheriff's Association, said some lawsuits go on for years, 'even though the officer may be right.' 'Basically, you have someone out there waiting for something to handle over a period of years,' he said. 'This could affect their careers or things of that nature.' He also said it further defines the people who are covered by the legislation, such as tactical officers hired by police and sheriffs. 'If they do something wrong, they are still going to be prosecuted or they are still going to be sued,' Mack said. 'It does not eliminate someone's rights if that was to happen. This is just about those cases where there can be a predetermination as to whether they did or not.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
