Alabama
Alabama 2024 Legislative Report: Week Two
The Alabama Legislature met for days 4, 5, and 6 in the second week of the 2024 Regular Session. 15 committee meetings were held throughout the week.
DURING THE WEEK
The House passed comprehensive gaming legislation which would allow casino gaming, sports wagering and a state lottery. HB151 by Representative Chris Blackshear is the Constitutional Amendment that would be voted on by the public to authorize the enterprises in HB152, also by Representative Chris Blackshear, which sets out the specifics. The bills now go to the Senate for consideration. If the Constitutional Amendment is approved by the public, there will regulated, limited forms of gaming along with provisions banning current illegal gaming in the state.
The Senate spent most its time debating and ultimately passing SB1 by Senator Garland Gudger which prohibits certain assistance in the preparation of absentee ballots, SB10 by Senator Chris Elliott providing that county and municipal library board members serve at the pleasure of the appointing authorities, and SB77 by Senator Chris Elliott which revises the composition of the Board of the Department of Archives and History.
NOTABLE FLOOR ACTION THIS WEEK
HOUSE FLOOR
HB151 by Rep. Blackshear: A proposed Constitutional Amendment to authorize an official state lottery, casino-style games, limited sports wagering, traditional raffles, and traditional paper bingo (as amended).
HB152 by Rep. Blackshear: To establish the Alabama Gaming Commission, to define the various forms of gaming allowed under the bill, provide for the various gaming licenses, fees, and taxes, establish the Alabama Lottery Corporation, provide for the creation and operation of a state lottery, and provide for the distribution of the various fees and taxes collected (as amended).
SENATE FLOOR
SB1 by Sen. Gudger: To prohibit any person from ordering, requesting, collecting, prefilling, obtaining, or delivering an absentee ballot application or absentee ballot of a voter in certain circumstances and to provide for exceptions (as substituted and amended).
SB10 by Sen. Elliott: To provide that library board members shall serve at the pleasure of their respective appointing authorities (as amended).
SB23 by Sen. Williams: To prohibit the manufacture, sale, or distribution of meat made from cultured animal cells (as substituted).
SB63 by Sen. Carnley: To provide that a county commission is not liable for and may not be a party to a suit challenging the expenditure or use of public funds where a local law provides that the public funds are to be expended or used at the discretion of a single public official.
SB77 by Sen. Elliott: To revise the composition of the Board of Trustees of the Department of Archives (as amended).
SB83 by Sen. Smitherman: To provide that indigent defense attorneys are compensated based on the level of the original criminal charge, and to revise the total compensation caps for indigent defense attorneys (as amended).
NOTABLE COMMITTEE ACTION THIS WEEK
HOUSE COMMITTEES
HB66 by Rep. Brown: To require food service establishments to notify consumers of the country of origin of seafood products, use the correct common name of seafood products, and notify consumers as to whether fish or shrimp are farm-raised or wild (Public Hearing but no vote in House Ports, Waterways and Intermodal Transit Committee).
HB87 by Rep. Brown: To authorize an airport authority to form any necessary legal business entity or venture relating to airport operations and conduct any activities required for the operation of the authority (House Ports, Waterways and Intermodal Transit Committee).
HB93 by Rep. Stubbs: To provide that a county commission is not liable for and may not be a party to a suit challenging the expenditure or use of public funds where a local law provides that the public funds are to be expended or used at the discretion of a single public official (House County and Municipal Government Committee).
HB121 by Rep. Stubbs: To provide that a supervisor may not take any adverse employment action against a county or municipal employee who reports a violation of law or rule to a public body (House County and Municipal Government Committee).
HB128 by Rep. Gidley: To define the term “place of worship” and prohibit a municipal historic preservation commission from designating a place of worship as a historic property or historic district, authorize a place of worship to voluntarily agree to be designated as a historic property or historic district, and to authorize a place of worship that was previously designated as a historic property or historic district to agree to that designation (House Urban and Rural Development Committee).
SENATE COMMITTEES
SB53 by Sen. Orr: To eliminate the eligibility to work form currently required of individuals under the age of 16 (Senate Children and Youth Health Committee).
SB60 by Sen. Orr: To provide for the allocation of funds to the Alabama Department of Economic and Community Affairs to facilitate growth in the state’s system of inland ports and transfer facilities and for the coordination of a transportation system for inland waterways (Public Hearing but no vote in Senate Finance and Taxation General Fund Committee).
SB61 by Sen. Orr: To create the CHOOSE Act to establish a refundable income tax credit to offset the cost of qualifying educational expenses, to direct the Department of Revenue to establish education savings accounts through which parents can access funds to direct the education of participating students, and to establish program requirements for parents of participating students, education service providers and participating schools (Public Hearing but no vote in Senate Finance and Taxation Education Committee).
SB62 by Sen. Orr: To provide for a sales and use tax exemption for purchases of certain baby supplies, baby formula, maternity clothing, and menstrual hygiene products (Senate Finance and Taxation Education Committee).
SB64 by Sen. Stutts: To authorize the operation of off-road vehicles on certain county roads if the vehicle meets certain conditions, and to allow other off-road vehicles to cross a county road under certain conditions (Public Hearing but no vote in Senate Agriculture, Conservation and Forestry Committee).
NOTABLE INTRODUCTIONS
HOUSE
HB162 by Rep. Lomax: To provide a cap in increases on Class IV property tax assessments under certain conditions (Assigned to House Ways and Means General Fund Committee).
HB165 by Rep. Brown: To require written consent of a parent or legal guardian for any minor to receive a vaccination (Assigned to House Judiciary Committee).
HB167 by Rep. Sells: To require manufacturers of certain Internet-enabled devices, manufactured on or after January 1, 2025, to contain a filter that is activated if the user is a minor, and only allow a user with a password to deactivate or reactivate the filter (Assigned to House Judiciary Committee).
HB169 by Rep. Woods: To require each public preK-12 school to post the curricula for each class on the website of the school and to permit parents or guardians to examine instructional and supplemental materials used in the classroom upon request (Assigned to House Education Policy Committee).
HB171 by Rep. Sells: To exempt certain aircraft from ad valorem taxation (Assigned to House Ways and Means General Fund Committee).
HB180 by Rep. Shirey: To increase the compensation for election workers in Mobile County and authorizing the appointment and compensation of computer technical assistants (Assigned to Mobile County Legislation Committee).
HB181 by Rep. Lipscomb: To create the Alabama Waters Task Force to consider and address issues relating to Alabama’s water resources (Assigned to House Ports, Waterways and Intermodal Transit Committee).
HB183 by Rep. Lipscomb: To prohibit the state and political subdivisions of the state, and their law enforcement officers, agents, and employeesfrom transporting homeless individuals to another city or county within the state, unless being done for a lawful purpose (Assigned to House Public Safety and Homeland Security Committee).
HB186 by Rep. Pettus: To prohibit political parties from disqualifying an individual from running for office based solely on receipt of contributions from a particular person or political action committee (Assigned to House Constitution, Campaigns and Elections Committee).
SENATE
SB87 by Sen. Allen: A proposed Constitutional Amendment to require local boards of education to adopt policies requiring each K-12 public school to broadcast or sanction the performance of The Star Spangled Banner at least once per week during school hours (Assigned to Senate Education Policy Committee).
SB90 by Sen. Sessions: To require food service establishments to notify consumers of the country of origin of seafood products, use the correct common name of seafood products, and notify consumers as to whether fish or shrimp are farm-raised or wild (Assigned to Senate Agriculture, Conservation, and Forestry Committee).
SB91 by Sen. Coleman-Madison: To provide for an additional license tax and registration fee on motor vehicles and for the distribution of the proceeds to the Alabama Public Transportation Trust Fund (Assigned to Senate Finance and Taxation General Fund).
SB92 by Sen. Weaver: To define man, woman, boy, girl, father, mother, male, female and sex for purposes of state law, to provide policy on the differences between sexes, to provide that state and local public entities may establish separate single-sexspaces or environments in certain circumstances, and require the state or political subdivisions that collect vital statistics related to sex as male or female for certain purposes to identify each individual as either male or female at birth (Assigned to Senate County and Municipal Government Committee).
SB94 by Sen. Carnley: To exempt the gross proceeds from the sale of honeybees and their byproducts from state sales and use tax (Assigned to Senate Finance and Taxation Education Committee).
SB95 by Sen. Figures: To specify that an individual under 21 years of age commits a violation for the possession of an electronic nicotine delivery system or other electronic battery-powered device capable of producing a vapor upon inhalation, without regard to which particular e-liquid or other substance, if any, was contained or otherwise used in the device (Assigned to Senate Judiciary Committee).
SB97 by Sen. Coleman-Madison: To prohibit individuals from storing a loaded firearm where a reasonable individual know a minor is likely to gain access to the firearm, and provide a criminal penalty for violating this prohibition (Assigned to Senate Judiciary Committee).
SB98 by Sen. Orr: To establish the School Security Program within the State Department of Education, require periodic inspections of school facilities at public K-12 schools, and to provide criteria for school security inspections (Assigned to Senate Education Policy Committee).
SB110 by Sen. Sessions: To limit the assessed value of certain real property for ad valorem tax purposes, with exceptions (Assigned to Senate Finance and Taxation General Fund Committee).
Alabama
Alabama carries out nation's 3rd nitrogen gas execution
ATMORE, Ala. — An Alabama man convicted in the 1994 killing of a hitchhiker cursed at the prison warden and made obscene gestures with his hands shortly before he was put to death Thursday evening in the nation’s third execution using nitrogen gas.
Carey Dale Grayson, 50, was executed at the William C. Holman Correctional Facility in southern Alabama. He was one of four teenagers convicted of killing Vickie DeBlieux, 37, as she hitchhiked through the state on the way to her mother’s home in Louisiana. The woman was attacked, beaten and thrown off a cliff.
Alabama began using nitrogen gas earlier this year to carry out some executions. The method involves placing a respirator gas mask over the face to replace breathable air with pure nitrogen gas, causing death by lack of oxygen.
Alabama Corrections Commissioner John Q. Hamm said the nitrogen flowed for 15 minutes and an electrocardiogram showed Grayson no longer had a heartbeat about 10 minutes after the gas began flowing.
Like two others previously executed by nitrogen, Grayson shook at times before taking a periodic series of gasping breaths.
The victim’s daughter told reporters afterward that her mother had her future stolen from her. But she also spoke out against the decision to execute Grayson and “murdering inmates under the guise of justice.”
The curtains to the execution room were opened shortly after 6 p.m. Strapped to a gurney with a blue-rimmed gas mask on his face, Grayson responded with an obscenity when the warden asked if he had any final words. Prison officials turned off the microphone. Grayson appeared to speak toward the witness room where state officials were present, but his words could not be heard. He raised both middle fingers at the start of the execution.
It was unclear when the gas began flowing. Grayson rocked his head, shook and pulled against the gurney restraints. He clenched his fist and appeared to struggle to try to gesture again. His sheet-wrapped legs lifted off the gurney into the air at 6:14 p.m. He took a periodic series of more than a dozen gasping breaths for several minutes. He appeared to stop breathing at 6:21 p.m., and then the curtains to the viewing room were closed at 6:27 p.m.
Grayson was pronounced dead at 6:33 p.m.
DeBlieux’s mutilated body was found at the bottom of a bluff near Odenville, Alabama, on Feb. 26, 1994. She was hitchhiking from Chattanooga, Tennessee, to her mother’s home in West Monroe, Louisiana, when the four teens offered her a ride. Prosecutors said the teens took her to a wooded area and attacked and beat her. They returned to mutilate her body.
A medical examiner testified that her face was so fractured that she was identified by an earlier X-ray of her spine. Investigators said the teens were identified as suspects after one of them showed a friend one of DeBlieux’s severed fingers and boasted about the killing.
DeBlieux’s daughter Jodi Haley spoke with reporters at the media center on prison property after the execution. Haley was 12 when her mother was killed, She said her mother had her life and future stolen from her.
“She was unique. She was spontaneous. She was wild. She was funny. She was gorgeous to boot,” Haley said of her mother.
She said Grayson was abused in every possible way in his youth but “society failed this man as a child, and my family suffered because of it.”
“Murdering inmates under the guise of justice needs to stop,” she said, adding that “no one should have the right to take a person’s possibilities, days, and life.”
Gov. Kay Ivey said afterward she was praying for the victim’s loved ones to find closure and healing.
“Some thirty years ago, Vicki DeBlieux’s journey to her mother’s house and ultimately, her life, were horrifically cut short because of Carey Grayson and three other men,” Ivey said in a statement. “She sensed something was wrong, attempted to escape, but instead, was brutally tortured and murdered.”
Grayson’s crimes “were heinous, unimaginable, without an ounce of regard for human life and just unexplainably mean. An execution by nitrogen hypoxia (bears) no comparison to the death and dismemberment Ms. DeBlieux experienced,” she added.
Grayson was the only one of the four teenagers who faced a death sentence since the other teens were under 18 at the time of the killing. Grayson was 19.
The execution was carried out hours after the U.S. Supreme Court turned down Grayson’s request for a stay. His final appeals had focused on a call for more scrutiny of the nitrogen gas method. His lawyers argued the execution method causes “conscious suffocation” and that the first two nitrogen executions did not result in swift unconsciousness and death as the state had promised.
Hamm said he thought some of Grayson’s initial movements were “all show” but maintained other movements exhibited by Grayson and the two others executed by nitrogen gas were expected involuntary movements, including the breathing at the end.
No state other than Alabama has used nitrogen hypoxia to carry out a death sentence. In 2018, Alabama became the third state — along with Oklahoma and Mississippi — to authorize the use of nitrogen gas to execute prisoners.
Alabama
How to Watch: Alabama Basketball at the Players Era Festival
On June 12, it was announced that the Alabama men’s basketball team would be competing in the Players Era Festival in Las Vegas during Thanksgiving week this coming basketball season. The Players Era Festival is the first-ever NIL-based multi-team event for college basketball.
No. 8 Alabama joins No. 7 Houston, No. 24 Rutgers, Notre Dame, San Diego State, No. 14 Creighton, Oregon and No. 23 Texas A&M as the schools participating in the inaugural event. Each team will play two games and the head-to-head record, point differential, points scored and points allowed will all be factored in creating the seeding for a seventh place, fifth place, third place and of course championship game.
Total NIL Activities and Compensation:
The Crimson Tide’s two initial games will be against Houston on Nov. 26 and then Rutgers on Nov. 27.
Who: No. 8 Alabama (4-1, 0-0 SEC) vs. No. 7 Houston (2-1, 0-0 Big 12)
Who: No. 8 Alabama (3-1, 0-0 SEC) vs. No. 24 Rutgers (4-0, 0-0 Big Ten)
When vs. Houston: Tuesday, Nov. 26 at 8 p.m. CT.
When vs. Rutgers: Wednesday, Nov. 27 at 10 p.m. CT
Where (Both Games): MGM Grand Garden Arena, Las Vegas, Nev.
Radio (Both Games): Crimson Tide Sports Network (Play-By-Play: Chris Stewart, Color: Bryan Passink). The pregame show will begin one hour prior to tipoff.
TV (Both Games): TBS
Series vs. Houston: Tied 3-3 with the first matchup occurring on Dec. 28, 1956
Series vs. Rutgers: 0-0
Last meeting with Houston: The Crimson Tide outlasted Houston with a 71-65 victory. Future No. 2 overall NBA Draft pick Brandon Miller went 0-of-8 from the field, but future No. 21 overall pick Brandon Clowney saved the day with 16 points on 7-of-12 shooting while also recording team-highs in rebounds (11) and blocks (2).
Last meeting with Rutgers: Never
Last time out, Alabama: Following its first loss of the season on the road against then-No. 13 Purdue, the Crimson Tide brushed it off against No. 25 Illinois on Wednesday night by defeating the Fighting Illini 100-87. Preseason All-American point guard Mark Sears didn’t score a single point but the renowned Alabama depth more than made up for it as forward Grant Nelson tallied 23 points and guards Labaron Philon, Aden Holloway and Latrell Wrightsell Jr. each put up 16-plus points.
Last time out, Houston: Like Alabama, the Cougars also stormed back from its first loss of the season with a dominant 91-45 win over Louisiana. Terrance Arceneaux (14 points), Milos Uzan (13), Mercy Miller (12), Emanuel Sharp (11) and J’Wan Roberts (11) each putting up double figures. Sharp and Miller each logged four steals boosting the team total to 17.
Last time out, Rutgers: The Scarlet Knights extended their undefeated start to the season with a 74-63 win over Merrimack. Rutgers’ top-tier freshmen duo of Ace Bailey (23 points) and Dylan Harper (14) combined for nearly half of the team’s points. They also led in the rebounding category as Bailey grabbed 10 while Harper had eight and Harper’s six assists were also a Rutgers-best.
Alabama
Kalen DeBoer says kicker Graham Nicholson has found his rhythm at Alabama
Kalen DeBoer calls them “gimmie kicks.” The head coach’s philosophy has always been to give his kickers as many opportunities from short-distance attempts early in the season in order to get them in a rhythm and build up their confidence.
That’s the plan anyway. Alabama’s big-play offense prevented that transition for Miami-Ohio transfer Graham Nicholson in his first season with the Crimson Tide this year.
Nicholson, who earned the Lou Groza Award last season, didn’t even attempt a field goal in Alabama’s first two games. He pushed his first attempt wide right from 46 yards out at Wisconsin in Week 3. After hitting a 28-yarder against Georgia two weeks later, he didn’t get another attempt until the Week 8 loss against Tennessee, where he went 1 of 2, coming up short on a 54-yard try before hitting the target from 35 yards out.
Since then Nicholson has been perfect, connecting on two field goals against Missouri as well as one last week against Mercer. Now it seems like the graduate kicker is finally finding his rhythm.
“Getting that first one is hard, and it took him a long time to get that first opportunity,” DeBoer said of Nicholson during his weekly radio show on Wednesday night. “It isn’t his fault. We were just scoring touchdowns and the opportunities didn’t present themselves the same way.
“He has been just steady since Day 1. We see him every day in practice. I think he’s getting more and more comfortable in our stadium in particular.”
DeBoer called the two kicks Nicholson made a Missouri “critical to Alabama’s 34-0 win over the Tigers. The first of which came from a season-long 47 yards out as the kicker helped the Tide put points on the board to cap off the game’s opening possession. From there, Nicholson helped a struggling Alabama offense get some momentum by hitting a 39-yarder to put the Tide up 6-0 late in the second quarter.
“Thought [the 47-yarder] was a big kick for us right there to get three points on the board,” DeBoer said. “And then he came back and did it again.”
While kicking isn’t DeBoer’s expertise, he said he still makes an effort to monitor his kicker’s reps during practice in order to get a good feel of what affects them and what went wrong during misses.
“A kicker might miss a kick in practice, and if you really weren’t paying attention, you might just think it was him,” DeBoer explained. “Well, it might have been the snap or the hold or something else. There’s other moving parts to that part. It might not solely fall on the kicker missing in practice, and you can quickly some thoughts about, ‘Well, he’s not in his groove right now,’ when really there were other factors that played a role in it.”
As for Nicholson, DeBoer believes he’s finally found his rhythm and should be able to return to his award-winning form to close out the season.
“He’s mentally strong,” DeBoer said. “He’s got a lot that he’s done in the past that he goes back to that gives him the confidence he has. You still got a new place and you gotta kind of reprove yourself. He’s done a good job of doing that.”
Last season, Nicholson made 27 of 28 field-goal attempts and 35 of 37 extra-point tries. That included an NCAA-record streak of 25 straight made field goals. Through 10 games at Alabama, he is 5 of 7 on field goals and has made all 48 of his extra-point tries.
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