TVA-In-Lieu-of Tax Distribution, SB468 Passed -.McGILL CONTINUES BARRON'S PRACTICES, CREATES SECRET COMMITTEE!

(photo by G. Morgan)

 

The Jackson County Alabama Legislative Delegation Acts as if it is a separate government entity operating in contravention of the Constitution of the State of Alabama. The Delegation and its political committee distributes funds in SECRET, violating the Open Meetings law - but no one seems to care, or do they? A previous commissioner is suing them over their secret, unconstitutional behavior. 

 

On one hand the Department of Public Examiners has called the Delegation a "Political Caucus" and not required to follow the Open Meetings Laws of the State. On the other hand the Delegation calls themselves a Non-Profit Organization. The Delegation and its representative committee distributes public funds without any open deliberation. Regardless of how the Delegation distributes the funds not belonging to them, they operate in secret and have done so for many years.

 

 

SENATE BILL 468

1 SB468
2
3
4 With Notice and Proof
5
6 ENROLLED, An Act,
7 Relating to Jackson County; to amend and reenact
8 Section 1 of Act 79-473, 1979 Regular Session, as amended by
9 Act 99-550, and Act 2012-421, so as to provide for the 10 appropriation of funds received by the county from payments
11 made in lieu of taxes by the Tennessee Valley Authority.
12 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
13 Section 1. Act 79-473, 1979 Regular Session (Acts
14 1979, p. 873), as amended by Act 99-550, and as further 15 amended by Act 2012-421, is amended and reenacted to read as
16 follows:
17 "Section 1. Any payments coming into the treasury of
18 Jackson County that are derived, directly or indirectly, from 19 payments by the Tennessee Valley Authority in lieu of payment
20 of taxes shall be appropriated as follows:
21 "(A) The first one hundred forty-five thousand
22 dollars ($145,000) of each year's payments shall be paid to 23 the Jackson County Hospital Board to provide all residents of 24 Jackson County with adequate ambulance service.
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SB468
1 "(B) After the above appropriation to the Jackson
2 County Hospital Board, the next one hundred five thousand
3 dollars ($105,000) shall be paid to the Jackson County
4 Economic Development Authority on an annual basis. Said 5 appropriation shall be paid before all other appropriations 6 other than the appropriation to the hospital board.
7 "(C) In addition to all other amounts hereinabove
8 paid to the Jackson County Economic Development Authority, the
9 next seventy-five thousand dollars ($75,000), after the
10 appropriations in subsections (A) and (B) above shall be
11 annually paid to the Authority. All appropriations made in
12 this subsection to the Jackson County Economic Development
13 Authority shall be deposited in a special industrial
14 development fund to be used only for the purposes of this
15 subsection as follows: for recruiting industry; matching
16 public or private grants the county may receive for industrial
17 development; and special projects for site preparation, 18 surveying, archaeological or geotechnical studies, or other
19 direct expenses necessary to recruit industry to the county.
20 "(D) After the above appropriation, all Jackson
21 County volunteer fire departments in good standing with the
22 Jackson County Association of Volunteer Fire Departments shall
23 be authorized to receive five thousand dollars ($5,000) each
24 annually to help furnish adequate fire protection in the
25 communities that they serve. The amount paid to each volunteer
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SB468
1 fire department shall be paid at the direction of the County
2 Fire Marshal and disbursed to each fire chief upon approval of
3 the County Fire Marshal. In addition to the above, thirty
4 thousand dollars ($30,000) shall be distributed to the Jackson
5 County Association of Volunteer Fire Departments for use by
6 the association.
7 "(E) After the above appropriation, the next
8 twenty-five thousand dollars ($25,000) of each year's payments
9 shall be distributed to the Scottsboro-Jackson County Rescue 10 Squad for the maintenance and operation of the rescue squad's 11 equipment and facilities.
12 "(F) An annual accounting of the use of the funds
13 appropriated in subsections (A), (B), (C), (D), and (E) shall
14 be furnished to the Jackson County Discretionary Committee no
15 later than September 30 of each year. In the event an annual
16 accounting is not furnished, the committee may reduce or
17 terminate funding for the next fiscal year for the entity
18 failing to furnish the report by a majority vote of the 19 committee.
20 "(G) Commencing October 1, 2013, the net payments
21 remaining in the appropriation paid to Jackson County after 22 the appropriations in subsections (A), (B), (C), (D), and (E) 23 above shall be appropriated as follows:
24 "(1) Two percent (2%) of such payments, as shall be
25 necessary, shall be used to establish, equip and maintain a
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SB468
1 legislative office for the members of the state legislative
2 delegation serving Jackson County, Alabama, and any unused
3 portion shall be paid to the Jackson County Discretionary Fund
4 to be disbursed by the Jackson County Discretionary Committee,
5 as established hereinafter, in the same manner as all other 6 funds from the Jackson County Discretionary Fund. 7 "(2) Two percent (2%) of such payments shall be 8 appropriated to Jackson County EDA under this act.
9 "(3) Thirty-three and fifty hundredths percent
10 (33.5%) of such payments shall be appropriated to the public 11 school systems within Jackson County on a per pupil pro rata
12 basis.
13 "(4) Twenty-five and fifty hundredths percent
14 (25.5%) of such payments shall be appropriated to the 15 incorporated municipalities within the county on a population
16 basis.
17 "(5) Twenty-five and fifty hundredths percent
18 (25.5%) of such payments shall be placed in the general fund 19 of the county treasury and may be used for any lawful purpose 20 by the county.
21 "(6) Eleven and fifty hundredths percent (11.50%) of
22 such payments shall be placed in a Jackson County 23 Discretionary Fund to be disbursed by the Jackson County 24 Discretionary Committee, as established hereinafter.
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SB468
1 "(H) There is created a Jackson County Discretionary
2 Committee consisting of six members. The members of the
3 committee shall be: the Chair of the Jackson County
4 Commission, a member of the Jackson County Commission selected
5 by the commission on an annual basis, the Jackson County
6 Revenue Commissioner, the state senator representing Jackson
7 County, and the two state House of Representatives members
8 representing all or part of Jackson County. The state senator
9 representing Jackson County shall be the chair of the
10 committee. The discretionary committee shall adopt rules of
11 procedure consistent with this act and shall make, by majority
12 vote, all decisions concerning disbursement from the Jackson
13 County Discretionary Fund."
14 Section 2. All prior local acts of the Alabama
15 Legislature related to the distribution of Tennessee Valley
16 Authority in lieu of tax payments that are inconsistent
17 herewith are repealed.
18 Section 3. The provisions of this act are severable.
19 If any part of this act is declared invalid or
20 unconstitutional, that declaration shall not affect the part 21 which remains.
22 Section 4. This act shall not affect any payments 23 for the fiscal year ending September 30, 2013.
24 Section 5. This act shall be effective October 1,
25 2013.
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SB468
1
2
3  
4
President and Presiding Officer of
the Senate
5  
6
Speaker of the House of Representa-
tives
SB4687
8 Senate 07-MAY-13
9 I hereby certify that the within Act originated in 10 and passed the Senate.
11
12Patrick Harris
13 Secretary
14
15
16
17 House of Representatives 18 Passed: 20-MAY-13
19
20
21 By: Senator McGill
Page 6
  

Jackson County Commission Work Session, May 20, 2013

Jackson County Commission Attorney John Porter explains the proposed Jackson County Animal Control Ordinance. He indicated the ordinance is structured to protect owners rights and codifies procedures concerning vicious animals and individual animal owners who act irresponsibly. Porter mentioned as an example of exceptions to enforcement within the new ordinance would be "provoked" animals under the control of the owner. (photo by G. Morgan)

 

Portion of commission's draft Animal Control Ordinance

 

 

AGENDA- Commissioners Ledwell and Venable were out due to their children's graduation.

 

VIDEO

Six of one, half a dozen of the other - Jackson County Legislative Delegation - Democrats and Republicans are like Criminal Gangs

Approximately seven years ago I had questioned the Jackson County Legislative Delegation's expenditure actions as to their spending of public funds. (photo by G. Morgan)

The delegation over the years has passed numerous local laws for the sole purpose of distributing public funds of Jackson County. Specifically the TVA-In-Lieu-Of-Tax funds. I filed a complaint with the local District Attorney and the Alabama State Auditors. The state sent forth a letter attempting to justify the delegations money laundering operations as an enterprise of a political caucus and as a political caucus the state could not be involved in an investigation. Further evidence indicated funds were being distributed through non-existing schools in the area. No one seemed to care about this dubious, shyster like operation. Today the shysters continue their charade. Giving credence to, "there is no difference between the Democrats or Republicans." Republicans and Democrats act as organized crime syndicates act, consistently attempting to "kill off" the competition. It is disgusting and it is time for the people to say, "enough is enough."

"Political Parties And Governments As Organized Criminal Gangs: In the USA the conservatives, that is, the Republican Party want to tax the poor and give the money to the rich; the liberals, that is, the Democratic Party want to tax the rich and use the money to serve the interests of the poor and middle class. The semblance of the two, criminal gangs and political parties, does not end there. In personality type those who tend to join criminal gangs tend to have anti social personality disorder and or narcissistic personality disorder. Those who tend to lead political parities tend to have anti social personalities and or narcissistic personalities. In America, political parties are mostly led by lawyers. Guess what, lawyers generally tend to have anti social personalities! The typical attorney is a sociopath; the average lawyer has no conscience, does not feel guilt or remorse for his wrong actions. Lawyers simply manipulate the law to get what they want for their clients and for themselves." http://chatafrik.com/articles/law-and-justice/item/1135-political-parties-and-governments-as-organized-criminal-gangs.html



The current administration of the Jackson County TVA-in-lieu-of-tax-funds are just as messed up as any time in the past. The delegation in their efforts cannot seem to fathom that the TVA-in-lieu-of-tax funds should be distributed by the Jackson County Commission and the various municipal governments of Jackson County. In gaining the control of the annual multiple million dollars fund the delegation has acted as if they are a money laundering criminal enterprise to hide the fact that they have diverted funds belonging to the people of Jackson County and the several municipalities of the county.

During the Democrat politicians term at the helm of the delegation there was a considerable amount of press describing how the funds were spent. Under the current Republican regime there is an air of secrecy, very little press and a continuous stream of confusion and political wrangling to preserve the delegations distribution of the funds.

The delegations actions are rooted in historical Alabama Power politics of deceit and control to maintain power. In this case money equals power. The power to say, "see what a wonderful politician I am, I have gave you millions." Money laundering, power plays and secrecy cloud the distribution of TVA-in-lieu-of-tax-funds. http://arklite.blogspot.com/search/label/Jackson%20County%20Legislative%20Delegation

The delegation's process in the distribution of the TVA-in-lieu-of-tax is indicative of  money laundering in the unbridled promotion of state politicians egos.  Fund distribution is accomplished in secret without any disclosure of a deliberative process. Worse the delegation has wrangled the county commission chair into their devious deed. 

In 2006 after being questioned on the legality of their actions in violation of the Open Meetings Act the local legislators formed a non-profit entity in the excuse to launder and hide the distribution of our public money. Today this non-profit entity is still in existence and these representatives of the people continue their devious ways of what seems to be a secret, criminal enterprise under the color of law. Attempting to justify the distribution of county and municipal public funds as a non-profit entity.

 

The Jackson County Legislative Delegation continues their charade by wasting tens of thousands upon tens of thousands of dollars in the expansion of their realm of deceit and misutilization of our public funds. All beyond the purview of an open government process. http://www.theclarion.org/index.php?option=com_content&view=article&id=4780:legislative-delegation-purchase-building&catid=42:clarion-rotation-stories&Itemid=142

Not one word that the entire process was conducted in secret as the delegation acts as if it is a non-profit entity - no one challenges the crooks. The current crooks find it very easy to bash a former politician,  just like a criminal gang. Where were they at when evidence of money laundering was brought forward? Could it be both political gangs have participated in the gains?

TVA Quarterly Board Meeting, Apr. 18, 2013 at Columbia, Tn. - Special Disclosure on TVA Nuclear Decommissioning Fund Status

 

AGENDA

 

BEST/MATRR short video of Listening Session




BEST/MATRR short video of the Board Meeting, Finance highlights



TVA's videos and presentation of the Apr. 18, 2013 Quarterly Board Meeting
Links:
News Release
TVA Presentation (PDF)
Video of listening session (Windows Media)
Video of meeting (Windows Media)
Video shown at meeting (Windows Media)

TVA Privatization
The TVA has been ablaze with discussion as of late concerning President Obama's budget proposal concerning the TVA. Bloomberg on the issue: http://www.bloomberg.com/news/2013-04-11/obama-mulls-sale-of-tennessee-valley-authority-in-budget-plan.html "President Barack Obama is considering the sale of all or part of the Tennessee Valley Authority (3015A), the largest publicly owned U.S. power company, in a deal that may raise as much as $35 billion as the administration seeks to reduce the national debt."

"A potential sale is part of a “strategic review” of the Knoxville, Tennessee-based nonprofit, which faces increasing capital costs, according to the administration’s fiscal 2014 budget proposal released yesterday. A sale may yield $30 billion to $35 billion in cash and reduced government debt obligations, said Travis Miller, a Chicago-based analyst for Morningstar Inc. (MORN) "

TVA leadership welcomes debt review: http://www.timesfreepress.com/news/2013/apr/19/tva-leaders-welcome-debt-review/  "President and CEO Bill Johnson and board Chairman Bill Sansom said they believe TVA is "a good business model" that is funded totally by ratepayers, not taxpayers.
"We'll cooperate and participate, and we're glad to see the review. In the meantime, we've got to focus and direct management's attention on running the place right," Sansom said at a board meeting Thursday in Columbia, Tenn."

Nuclear Decommissioning - NRC's out of date plan and policy: http://www.nrc.gov/reading-rm/doc-collections/fact-sheets/decommissioning.html

TVA Funds - Nuclear decommissioning trust fund balance at the end of fiscal 2012 (Sept. 30, 2012) $1,165,216,096;  2011 was $945,961,913; 2009 was $660.5 million. Information provided via request to TVA.

TVA's Nuclear Decommissioning Fund status in its annual SEC 10K report will not be found and the report listing is confusing. TVA's 2012 10K Annual Financial Report reflects deferred costs, page 98. No where in the financial report are the actual decommissioning funds on hand listed. Pg 73 contains a discussion. http://investor.shareholder.com/tva/secfiling.cfm?filingID=1376986-12-43

 

"GAO investigated 12 reactors’ trust funds, comparing company-prepared site-specific decommissioning cost estimates to NRC’s formula. For nine reactors, NRC’s formula resulted in funds below the companies’ estimates. In one case, a company believed it needed $836 million, which was $362 million more than NRC’s formula figure. GAO also noted NRC’s funding formula was more than 30 years old." http://cen.acs.org/articles/91/i13/Nuclear-Retirement-Anxiety.html

"Decommissioning a Nuclear Plant Can Cost $1 Billion and Take Decades:" http://www.reuters.com/article/2011/06/13/idUS178883596820110613

TVA's nuclear decommissioning funds on hand are not sufficient and rely on NRC's 30 year antiquated policy. Current TVA nuclear plant decommissioning fund status below as reported to the NRC.

Nuclear decommissioning trust fund balance at the end of fiscal 2012 (Sept. 30, 2012) $1,165,216,096.

Current long operating nuclear plant decommissioning costs per plant are estimated to be $800-$900 million per reactor. TVA is seriously lacking in their decommissioning fund.  (Decommissioning Trust Fund Balance provided by TVA. The table reflects the official report provided the NRC.) 

Jackson County Commission, Apr. 23, 2013 Scottsboro, Al.

Jackson Co. Courthouse, South side - Peachtree & Broad St., photo by G. Morgan

 

Monday was Jefferson Davis's birthday, a state holiday. The commission meeting was held Tuesday.

 

AGENDA

 

VIDEO