• Registered: 08-10-2009
  • Posts: 71

Topic: So now we have agreement to give $236M to PACT, but ...

but one bill includes the 2.5% cap and the other does not. Here's what the committee should do (assuming the Senate rejects the version w/ the cap):

1) Pass the bill giving the $236M to PACT and include the 2.5% cap but beginning in 2011.

2) Also pass HB775 (where the Trust Fund makes up any deficit) but add a clause that would remove the 2.5% cap. HB775 (or whatever the committee calls their version) will require a vote in November.

This would effectively allow voters to choose a tuition cap or Trust Fund solution. Either way, PACT is funded and expensive lawsuits are avoided. And, legislators are heroes for funding PACT and allowing the public to determine how. University leaders would undoubtedly come out in huge favor of the Trust Fund solution to void the cap.

What absolutely cannot happen is to have this legislative session end w/out getting the $236M into PACT. This would be a travesty and kick off the expensive class action lawsuits.

  • Registered: 03-27-2009
  • Posts: 35

Re: So now we have agreement to give $236M to PACT, but ...

Are you aware that there is already a lawsuit pending with a hearing for class action scheduled for just after the legislature finishes it's session?
IN THE CIRCUIT COURT OF MONTGOMERY COUNTY, ALABAMA
GREEN LISA NIX, )
GREEN BRENT A, )
GREEN BLAKE, )
FRANKLIN ELDRIDGE M, )
FRANKLIN EASON L, )
FRANKLIN KIMBERLY H ET AL, )
Plaintiffs, )
)
V. ) Case No.: CV-2010-900013.00
)
KAY IVEY, )
RICKY JONES, )
JIM FOLSOM, JR., )
FREIDA HILL, )
GREGORY FITCH, )
GLENDA CURRY ET AL, )
Defendants. )
ORDER
This cause having come before the Court it is hereby, ORDERED, ADJUDGED, and
DECREED that a Hearing is scheduled for Tuesday, April 27, 2010 at 9:00 a.m. in Courtroom 4A
of the Montgomery County Courthouse, Montgomery, AL.
All responses including, but not limited to, affidavits, briefs, or pleadings, shall be filed 7 days prior
to the hearing date in order to be considered.
DONE this 18th day of March, 2010.
/s HON. JOHNNY HARDWICK
CIRCUIT JUDGE
ELECTRONICALLY FILED
3/18/2010 10:02 AM
CV-2010-900013.00
CIRCUIT COURT OF
MONTGOMERY COUNTY, ALABAMA
MELISSA RITTENOUR, CLERK

  • Registered: 08-10-2009
  • Posts: 71

Re: So now we have agreement to give $236M to PACT, but ...

Yep - see my post from last February on this lawsuit

As I said then, any legislator or anyone who has read the prior law knows that a lawsuit would just be an expensive loss for the State of Alabama.

I get so sick of hearing people say that there were no guarantees. The original contracts said PACT was guaranteed, the original brochures even described how it was guaranteed, there were no disclaimers, and the law stated that this was a debt of the state. How much clearer could it get? Oh yeah, all of the PACT founders are now on public record saying that they too thought it was guaranteed.