The 2023 Alabama Legislative Session has begun

Tuesday, the Alabama State Legislature returned to Montgomery for the start of the 2024 Alabama Regular Legislative Session. The Alabama House of Representatives and the Alabama Senate gaveled in at noon for the first legislative day and then joined the governor that night for a joint session where she presented her state of the state address. Senate Pro Tem. Greg Reed told members of the Senate, “I appreciate you being willing to serve the people of Alabama.” “The sacrifices made by the family of those who serve is not insignificant,” Reed added, thanking the families of the 35 Senators for their sacrifices. The Senate opened the journal to introduce bills, selected a committee to inform the governor that the Senate was now in session, and passed a resolution in honor of March being Women’s History Month. The resolution “celebrates the contribution that Alabama women have made to American history.” The resolution honors a number of Alabama women, including Rosa Parks, Helen Keller, and Condoleezza Rice, for their contributions to the state as well as the governor. “Current governor Kay Ivey is the longest serving woman governor in history and the second after Lurleen Wallace.” State Sen. Rodger Smitherman said, “This resolution inspired me. That resolution is a cosmic picture of the state of Alabama. It does not matter whether you are Black or White. It was a cosmic picture of all the people of Alabama.” “That’s our state,” Smitherman said. “All of us, we represent the state. Look around this room. This is what our state looks like. I am looking forward to voting for this resolution with a smile on my face.” Senate Joint Resolution 4 passed unanimously. Senate Joint Resolution 5 honoring former U.S. Senator Richard Shelby for his decades of service to the state passed. State Sen. Gerald Allen sponsored this. A second resolution supporting the oil and gas exploration by Allen was held over and referred to the Rules Committee after State Sen. Bobby Singleton asked for more time to study it. Reed announced that the Senate needed to address statutory requirements at the start of the session. The Senate held a Legislative Council election and selected Sens. Clyde Chambliss, Steve Livingston, and Vivian Figures to represent the Senate on the Council. For the Committee on Public Accounts, the Senate elected Sens. Arthur Orr, Clay Scofield, and Jabo Waggoner. On the Sunset Committee, Sens. Garlan Gudger, Keith Kelley, and Figures were elected. Sens. Orr, Scofield, Waggoner, Figures, and Singleton were elected to the Senate Ethics and Conduct Committee. Ivey called a special session beginning on Wednesday for the Legislature to focus on appropriating over one billion dollars in American Rescue Plan Act funds that the federal government sent to the state of Alabama. “This evening, I am calling a Special Session of the Alabama Legislature to begin tomorrow so that we can urgently address these endeavors,” Ivey said. “We are, once again, tasked with allocating our taxpayers’ dollars that are part of the second round of the American Rescue Plan Act from Congress.” “This is not free money,” Ivey warned legislators. “And we must invest these one-time funds wisely. Last year, thanks to you, members of the Alabama Legislature, we put these dollars to work, meeting some of Alabama’s biggest challenges. I commit to the people of Alabama we will once again take a smart approach and put it towards major and needed endeavors like expanding broadband access, improving our water and sewer infrastructure, and investing in our health care – including telemedicine.” Tuesday was the first day of the 2023 Alabama Regular Legislative Session, but since Ivey has called a special session, the second legislative day of the regular session will not begin until Tuesday, March 21. The Alabama Constitution of 1901 limits the Legislature to just thirty legislative days in a regular session. Members worked on Tuesday, introducing their bills for the regular session. At the close of the day on Monday, 98 bills had been pre-filed ahead of the session. By the end of the day on Tuesday, that had grown to 174 bills. Reed explained to reporters that it takes a minimum of five legislative days for a bill to pass both Houses of the Legislature, so it will take the rest of this legislative week and next week for the ARPA appropriations bill to pass and go to Gov. Ivey for her signature. Once that is done, the special session can end, and the Legislature will be poised to remove the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.

Legislature does not appear to be poised to address gambling

Gambling casino

The Alabama Legislature met for two days this week for an organizational session in which they elected leadership, appointed committee chairs, and approved updates to the rules for the next four years. The regular session begins on March 7, 2023. One issue that could come up is gambling. The Alabama Supreme Court has emphatically ruled that bingo is a game played on paper cards and that electronic bingo is illegal under the Alabama Constitution of 1901. The court has ordered three electronic bingo facilities in Macon and Lowndes County close. Alabama Attorney General Steve Marshall appealed to the Supreme Court after the lower court denied the AG’s motion. “What he and what the Supreme Court is doing is disenfranchising the voters of those counties,” Senate Minority Leader Bobby Singleton told Alabama Today. Singleton contends that when voters passed county-specific constitutional amendments allowing bingo to be played there, they knew that bingo meant electronic bingo and that the court is interpreting the law wrong. “To say that electronic bingo does not mean bingo is just wrong,” Singleton said. Alabama Today asked if Victoryland, Whitehall, and Greenetrack are closed by the time the session begins, would that encourage the Legislature to pass a gambling bill legalizing some mix of the currently operating casinos. “I would think it would, but I just don’t know,” Singleton said. “I don’t know,” said State Rep. Neil Rafferty when asked if the Legislature would address gambling. “It’s going to take a lot of collective effort to get anything done like that.” Senate Republicans hold a 27 to 8 supermajority in the Alabama Senate, and House Republicans hold a 77 to 28 supermajority in the Alabama House of Representatives, so any gambling would have to have considerable Republican support. “Some people might think there shouldn’t be any gambling in Alabama,” Singleton said. For a gambling constitutional amendment to pass, it would need at least a three-fifths supermajority in favor to pass in both Houses of the Legislature because it takes a constitutional amendment. “It will come up,” Rafferty predicted for the regular session but did not know whether it could possibly pass. Singleton was asked about the top goals of the legislative minority. “Medicaid, Medicaid, Medicaid,” Singleton stated. Singleton acknowledged that Republicans were reluctant to take up the issue last year. “I think that was before the election,” Singleton said. Singleton expressed optimism that a deal on Medicaid expansion can be negotiated with Alabama Governor Kay Ivey and the Republican leadership. Singleton was asked about ending the sales tax on groceries. “What’s going to replace it?” Singleton said, referring to the $500 million in lost revenues. “The federal government has put $60 billion into this state,” Singleton said. “There could be some lean times when that is no longer there. We need to be building up some reserves.” Singleton said that he believes that the Legislature could pass his needle exchange bill to provide free intravenous needles to IV drug users. “I believe the timing is right, right now,” Singleton said. “We talk about fentanyl and all the different drugs out there. This is the time to do with it to be able to aid and help with our drug problem.” To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.

With budget surplus, Alabama lawmakers consider tax rebates

Alabama lawmakers are eyeing possible tax rebates as the state sees a budget surplus of more than $2.7 billion. Legislators will face decisions on what to do with the rare surplus, including how much to save and how to spend the rest. The state budget that funds education has a $2.7 billion surplus, according to the Legislative Services Agency. The state general fund has a smaller surplus of $351 million. Sen. Arthur Orr, who chairs the Senate education budget committee, said lawmakers are working with Gov. Kay Ivey on a proposal but that he expects the plan to include rebate checks to taxpayers, along with tax cuts and putting money in reserves. “We believe, after we take care of state government, at least on the education side, we have enough to send back to the people of Alabama who sent it to us in the first place. In addition to that, with the economy and with inflation, they’re struggling, and so this would be a small manner of relief to them,” Orr said. He said lawmakers are considering $500 million in total rebates. The amount sent back to Alabamians will depend on how eligibility is defined, but he said they are looking at a minimum of $200 or $250 for individuals and $400 or $500 for married couples who file joint returns. The Republican lawmaker said he also expects proposals for tax cuts. But he said it is important that the state put a significant amount of money into reserves. “I think everyone realizes this is a one-time phenomenon having a surplus like this, and we need to put money back because the economy is getting tighter and tighter.” The Associated Press reported in August that at least 15 states have approved one-time rebates from their surpluses. There has been disagreement among lawmakers on how to use the rare surplus. “If we could do a tax rebate, we could expand Medicaid,” Senate Minority Leader Bobby Singleton said when asked about the rebate proposal. “I think that is something more substantial than doing a tax rebate. I think the citizens would get more out of an expansion of Medicaid than they would a one-time check to be able to spend.“ Alabama is one of only 11 states that did not expand its Medicaid program under the Affordable Care Act to provide health care coverage to low-income people, according to the Henry J. Kaiser Family Foundation. Democratic lawmakers in Alabama have long called for Medicaid expansion, arguing it would bring health care coverage to more than 300,000 people, many of them in working families who don’t have health insurance through their jobs. Republicans, who hold a lopsided majority in the Alabama Legislature, have so far opposed expansion. Sen. Greg Albritton, who chairs the Senate general fund budget committee, said he wants to make sure the state has enough in reserves so it won’t face budget cuts during an economic downturn. “The first priority is getting ready for hard times. I don’t know how bad, or if, a recession will occur, but my job is to try to make sure that we are prepared as we possibly can,” Albritton said. Albritton said rebates will “be on the table.” But added he would like to see the state put the education surplus in a trust to fund scholarships. “I think that would be a better return to the taxpayers than a simple rebate,” he said. Republished with the permission of The Associated Press.

Kay Ivey calls on legislators to serve the people, not themselves

On Wednesday, Governor Kay Ivey addressed legislators’ attending orientation training in Montgomery. “It is an absolute pleasure to be with you for your legislative orientation,” Gov. Ivey told the legislators – most of those present were new members for their first term in the Legislature. “I have had the opportunity to talk to many of you today and have enjoyed talking with you. I look forward to working with you.” Ivey thanked the spouses of the legislators. “We all know that when someone runs for officer, their entire family are along for the ride,” Ivey said. Ivey advised the legislators. “Be on time, show up, and be informed,” Ivey said. “You were elected by the people of Alabama to serve the people of Alabama and not yourself. They will hold you accountable for every decision that you make. You must always be willing to learn.” Ivey praised the leadership of the Legislature. “You are very fortunate to have folks like Senate Pro Tem Greg Reed, Senator Bobby Singleton, Minority Leader Anthony Daniels, and soon-to-be Speaker Nathaniel Ledbetter.” Ivey credited bipartisanship for the strong economic shape that the state is in. “We reach across the aisle to work on important issues every day,” Ivey said. Ivey cited her Rebuild Alabama roads initiative that passed in 2019 as an example. “The roads in our state had been neglected for over thirty years,” Ivey said. “It was holding Alabama’s economy back in a big way.” “We all worked together,” Ivey continued. “It passed with a 84 to 20 vote in the House and 24 to 6 in the Senate.” Ivey listed some legislative priorities for the four years, including addressing the “failing and underperforming” schools as well as continuing “our work with the Alabama prisons.” Ivey also spoke out in favor of renewing Alabama’s economic incentives to continue to grow the economy. “Our economic and workforce development efforts start with renewing Alabama incentives,” Ivey said. Reporters asked Ivey if she would call a special session for allocating the second round of American Rescue Plan Act (ARPA) funds. “All options are on the table,” Ivey replied. Ivey was introduced by Senate President Pro Tempore Greg Reed. “Governor Ivey is one of the most popular Governors in America,” Reed said, citing recent polling showing that Ivey has the seventh-highest approval rate among American governors. “We are so thankful for your willingness to be Alabama’s Governor,” Reed told Ivey. Ivey was re-elected in a landslide election last month. The Legislature will be formally in session early in January for an organizational session. The 2023 Alabama regular legislative session will begin on March 7. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.

Study group urges Legislature to grow Alabama’s economy

Lieutenant Governor Will Ainsworth led a study group that on Monday recommended that for Alabama to remain economically competitive with neighboring states, the Legislature needs to reauthorize and expand the Alabama Jobs Act and Growing Alabama Act which pays economic incentives to companies that locate or expand in Alabama. The Joint Legislative Study Commission on Renewing Economic Development Incentives held its final meeting at the Alabama State House before submitting its report to the Governor and Legislature on recommendations for reauthorizing economic development incentive programs. The study committee claimed that the Alabama Jobs Act and the Growing Alabama Act are essential and recommended that these incentive programs should be reauthorized before they expire in 2023. This commission was established by the Alabama Legislature in the 2022 legislative session. It includes representation from businesses and industry and was tasked with reviewing existing economic incentives and making recommendations to the Governor and Legislature on those incentives ahead of the 2023 legislative session. Ainsworth, who chairs the commission, said that the commission’s findings will be a roadmap for the Legislature on how Alabama can best leverage incentive programs to boost the state’s economy: “Our goal is simple – we want to have the best incentives not only in the southeast but in the nation as a whole,” Ainsworth said. “This commission has been diligent in comparing our existing incentives with other states and working with the Department of Commerce to determine how we can expand both new and existing industries. Reauthorizing these programs is going to be essential in attracting high-paying, long-lasting, 21st Century jobs.” State Representative Nathaniel Ledbetter agreed, “Reauthorizing these incentives is going to help Alabamians by allowing us to compete for the best jobs in the country right here in our state. Industries across the country are trying to come here because of our great employees, our low taxes, and because of our great quality of life. We want to make sure that, from a competition standpoint, we have the tools needed to bring them here and keep them here.” Ledbetter is the Republican House Caucus’s choice to be the next Speaker of the House. Republicans have a commanding supermajority in the Alabama House of Representatives, so the Republican choice for Speaker will, in all likelihood, be the next Speaker when the full House of Representatives vote in an organizational session in January. The Study Commission held discussions with the Alabama Department of Commerce, industry professionals, and the Economic Development Partnership of Alabama to reach their conclusion that the Alabama Jobs Act and Growing Alabama Act are pivotal tools used by the state’s economic development professionals in successfully attracting businesses to the state. Senate President Pro Tempore Greg Reed said that for Alabama to compete with neighboring states, economic development incentives need to be reauthorized and expanded. “When you look at the top issues Alabamians care about, economic development and job creation are right at the top of that list,” Reed said. “States around our region are all competing with each other to attract jobs and to create economic growth, and we need to make sure that we win those competitions so good-quality jobs will come to our state and our communities. Alabama is the greatest state in the nation to live and work, and these incentives will play a key role in keeping it that way.” Senate Minority Leader Bobby Singleton also supports renewing the incentives legislation. “Growing Alabama’s economy and creating good jobs for our citizens is something we can all agree on,” Singleton said. “This commission has been thorough in studying existing incentives and exploring how they can be improved and further deployed to really capture their full potential. I thank this commission for its diligent work and look forward to seeing the impact its findings will have on communities across our state.” Alabama Commerce Secretary Greg Canfield also served on the Committee representing Alabama Governor Kay Ivey’s administration. “If you look at Alabama, we are almost a victim of our own success, is what I said in the commission meeting,” Ainsworth said in a video clip shared with the media. “We have had so much success in developing sites that we are out almost. We need to develop more sites in Alabama, and we have got to be more aggressive to make sure that we stay ahead of other states. Look at mega-sites. We need more mega-sites for companies to locate here. We have some of the lowest taxes. We have the best workers. People want to live in Alabama. Companies want to come here, so it is our job to make sure that we have sites so that they can come here and build their businesses.” Critics of economic incentives dismiss them as “corporate welfare.” At the same time, some ultra-conservatives have argued that the decision to give or not give economic incentives to businesses looking to locate or expand in Alabama is picking winners and losers and is not a function of government. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.

Steve Flowers: Jo Bonner inaugurated as president of University of South Alabama

Steve Flowers

Jo Bonner was officially sworn in as the fourth president of the University of South Alabama on September 23, 2022. The University of South Alabama is the crown jewel and flagship of the Alabama Gulf Coast. It is a sprawling, manicured, beautiful, and functional modern campus. It is currently the third-largest university in the state. Under the leadership of President Jo Bonner, it will grow and prosper to where within the next decade, it will be thought of as one of our premier “Big Three” major flagship universities along with the University of Alabama and Auburn University. Its location as the only major university in the populous metropolitan Mobile/Baldwin growth area of our state, coupled with having the University of South Alabama Medical School and Center on the campus, portends for exponential growth and prosperity for the University of South Alabama. The prosperity of USA is assured by the selection of Josiah R. Bonner, Jr. as President. Over the next decade, he will be thought of in the same terms and same breath as the legendary founding President of USA, Frederick Whiddon, who oversaw the first 35 years of USA. There has never been a more perfect selection to be the leader of a major university in our state than the appointment of Jo Bonner as President of USA. His knowledge of the business, civic, and social community of the Mobile/Baldwin area is unique. Through his decade of service as their congressman, he is an integral part of the Mobile community.  He left Congress with the highest regard and admiration. He was so well respected by his congressional colleagues that he was Chairman of the U.S. House Ethics Committee. You can be assured that there is no university president, lobbyist, or board of trustee member who can walk the halls of Congress and bring home the bacon from the limitless federal trough than Josiah Bonner, Jr.  You can also rest assured that there is no university president in the state that has the clout and reverence on Goat Hill in Montgomery than Josiah Bonner, Jr.  This is a very unique and perfect blend for prosperity and growth for USA. It is well known in political circles that Jo Bonner is Governor Kay Ivey’s closest confidante. He served as her Chief of Staff for four years. Their families go back as friends and relatives in Wilcox County for generations. Jo Bonner’s father, the first Josiah Bonner, was Probate Judge of Wilcox County. Jo is the baby of the family, a good 15 years younger than his brother, Jim, who grew up as friends and in school together with Governor Kay Ivey. Jo’s sister, Judy, and Senator Jeff Sessions were in school together in grades K-12, then Jo came much later. The aforementioned sister, Judy Bonner, was President of the University of Alabama. Never before in Alabama’s history has there been two siblings being presidents of major universities in Alabama. Jo Bonner actually became President of USA in January. The official inaugural event was on September 23. It was a magnificent program. Governor Ivey gave the keynote address. She beamed with pride as she talked about her “little brother” from Wilcox County. Dr. Jack Hawkins, the 30-year Chancellor of the Troy University System, gave a brilliant address. He spoke for all of the university presidents in the state as the Dean of University Presidents.  Jo Bonner’s family was recognized, beginning with his sister, President Judy Bonner. His wife, Janee, along with his two outstanding children, son Robin, and daughter Lee, were in attendance. The Inaugural Event was held in the magnificent Mitchell Center. The Mitchell family has been a major benefactor to USA. Mrs. Arlene Mitchell is Chairman of the Board of Trustees. Another Board of Trustees member is Dr. Steve Stokes, a radiology oncologist from Dothan. He and his wife Angela have been generous donors to USA, also. Stokes Hall is the newest dorm on campus.  It was truly fitting that Jo Bonner had a throng of political dignitaries attend his Inaugural Event. It was like a political gathering of Who’s Who in Alabama politics visiting on the floor of the Mitchell Center prior to Jo’s inauguration. The list of attendees is too long to enumerate. However, in addition to Governor Ivey was Mac McCutchen, John McMillan, John Merrill, Bobby Singleton, Vivian Figures, Young Boozer, Bill Poole, Twinkle Cavanaugh, Sandy Stimpson, Will and Liz Filmore, Cathy Randall, Gordon and Ellen Stone, Jim Purcell, Victor Gaston, Chip Brown, Margie Wilcox, Alan Baker, and Judge Sarah Stewart, just to name a few. They were all there to honor a man who is revered and respected in Alabama – Josiah “Jo” Bonner. Steve Flowers is Alabama’s leading political columnist. His weekly column is read in over 60 Alabama newspapers. Steve served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.

Kay Ivey awards $82.45 million in broadband grants to Middle-Mile project

On Tuesday, Gov. Kay Ivey awarded an $82.45 million grant to help make statewide broadband service availability more attainable for more people across Alabama. Ivey made the announcement at the Central Alabama Electric Cooperative headquarters building just North of Prattville. “Achieving full broadband coverage is a journey, not a short trip, and today is an important step toward completing that journey,” Gov. Ivey stated. “The Alabama Middle-Mile project – the infrastructure setting part of this journey – is going to lead our state to be the model for the nation when it comes to providing broadband capabilities. In 2022, being able to be connected at home, work, or on the go is absolutely necessary, and this is certainly key to making that a reality.” Gov. Ivey explained that the funds will be used by Fiber Utility Network, a corporation formed by eight rural electric cooperatives to fund a “middle-mile” broadband network that will have a statewide impact. The eight co-ops include Central Alabama, Coosa Valley, Covington, Cullman, Joe Wheeler, North Alabama, PowerSouth, and Tombigbee. Ivey was joined at the event by state leaders, including Speaker of the House Mac McCutcheon (R-Monrovia), President Pro Tem of the Alabama Senate Greg Reed (R-Jasper), State Senate Majority Leader Clay Scofield (R-Guntersville), Senate Minority Leader Bobby Singleton (D-Greensboro), State Rep. Randall Shedd (R-Baileytown), and Alabama Department of Economic and Community Affairs (ADECA) Director Kenneth Boswell. “The project is the springboard to supplying broadband services for rural residents, businesses, educational facilities, and other community anchors,” said Director Boswell. “I commend the Fiber Utility Network for their willingness to undertake this necessary step to ensure more Alabamians have access to these services.” ADECA is administering the award through its Alabama Digital Expansion Division, which the Legislature created in order to identify projects that will expand broadband access in Alabama. “In terms of broadband, this is a great leap forward,” said Sen. Scofield, chairman of the Alabama Digital Expansion Authority board. “Governor, you really are America’s broadband governor, and we can’t thank you enough.” “Connectivity is really the great equalizer,” Scofield continued. “This will really put us at the forefront of broadband in Alabama, and it will help us expand much quicker and at a more economical cost.” “This project is probably the most significant step we’ve taken to get high-speed internet access to everyone in Alabama,” said Rep. Shedd, who serves as co-chairman of the Alabama Digital Expansion Authority board. “I could not be any more excited,” Sen. Reed told reporters. “I would like to congratulate the Governor, Sen. Scofield, and Director Boswell. This is the largest thing we could do for our infrastructure.” “This is a tremendous step in the right direction to digitally connect all of Alabama, especially the Black Belt,” said Sen. Singleton. “I am proud to stand with Governor Ivey to award these needed funds to elevate these communities and provide a service that will have an impact on the entire state.” “Thank you, Governor, for always including rural Alabama in your vision for the state,” Singleton said. “This is a game changer.” The Alabama Middle-Mile Network project involves filling in gaps in broadband expansion which will hopefully result in more cost-effective and feasible ways to provide broadband service availability to residents in rural areas. Tom Stackhouse is the president of the Fiber Utility Network. “The eight electric cooperatives that make up the Fiber Utility Network are honored to be a part of building a middle mile network to bring internet service closer to those Alabamians,” said Stackhouse. “We want to thank Governor Ivey and the staff at ADECA for the vision, leadership, and assistance to make this a reality.” Chris Rush is the President of Marshall Medical Center – a hospital in North Alabama. “There are two crucial elements to health care. The first is having quality care, top-quality doctors, nurses, staff, and technology, and also the ability to access that care. In a lot of places and areas, that is not possible,” Rush said. “It is easier to connect through telemedicine with a specialist in a network located at a central urban hospital like we are with the Huntsville Hospital system. I would like to express my gratitude to Governor Ivey, Senator Scofield, and others.” The Fiber Utility Network will create a middle-mile network connecting almost 3,000 miles of existing and new fiber infrastructure within three years. When complete, the network will provide improved access to unserved areas for the last-mile projects that provide actual broadband availability to homes, businesses, and schools. Once connected, residents will have the ability to become a customer of the last-mile broadband providers. Funds for the project are being provided through the American Rescue Plan Act. The use of those funds was approved earlier this year by the Alabama Legislature. Alabama still has over a billion dollars in ARPA funds yet to appropriate. Reed said that the Legislature will address further funding for broadband, “As quickly as the legislature can address this issue.” “I told a reporter that we should spend all of it on this,” Shedd said. “That’s what it is going to take.”  To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.

Alabama legislators could extend state’s Jobs Act, remove incentives cap

All or portions of the tax credit incentives within Alabama’s seven-year-old Jobs Act could be extended through 2028 with a higher cap on payouts, based on a proposal a legislative-appointed commission is mulling over. The newly formed Joint Study Commission on Renewing Incentives formed out of 2021 legislation met recently to discuss the various components of the Jobs Act, which was initially created in 2015 and is slated to sunset next year. At the commission’s meeting, held on August 16, Secretary of Commerce Greg Canfield said the incentives borne out of the legislation have bolstered Alabama’s economic development activity. Speaking to a metric he described as a “return on incentives,” Canfield said, “The actual performance of the Jobs Act far exceeded our estimates in those real numbers.” To date, the Jobs Act has netted $256.8 million in incentives, Canfield reported at the committee meeting, which outpaced the department’s benchmark of $164.6 million. With the forthcoming sunset on the horizon, Canfield and other state officials are advocating not only to have it extended but also looking to have the $350 million cap on the incentive payouts increased. Canfield said the cap, if it were to continue, could stifle ongoing efforts to bring new companies and new job sectors into Alabama. When asked what he thought would be an appropriate figure for the cap, Canfield was hesitant to offer up a hard and fast figure. “We don’t really know. I wish I could tell you,” he said. “If I were to guess, it would be just a guess.” But in the coming years, Canfield said more specific data concerning the incentives should come into sharper focus. “We believe that there’s an equilibrium that we will eventually reach,” he said. “The number of new incentives that will be coming online, at some point, will equal the incentives that are coming offline as the incentive payouts and the project agreements are exhausted and terminated.” Based on its structure, Canfield said the incentives offered through the Jobs Act have safeguards in place through a pay-as-you-go approach. “We are not paying any incentives to a company that does not perform in the previous 12-month cycle,” Canfield said. “A company has to make the investment that they agreed to – that’s the first hurdle. They have to go into operation and commence operations by a date certain that’s also stipulated in the contract.” Lt. Gov. Will Ainsworth, who chairs the Joint Study Commission on Renewing Incentives, acknowledged that some of the current provisions within the Jobs Act might be ripe for refinement in the next legislative session. But he also lauded the program’s performance. “People are impressed with what’s going on here. Companies want to move here. We’re in a good spot,” Ainsworth said. “Obviously, there are some things that need to be tweaked.” While there was resounding support for the Jobs Act’s performance at the committee meeting, state Sen. Bobby Singleton, D-Greensboro, said he would like to see more incentives in underserved communities. “It’s OK to have it on the books, but what is the next step?” Singleton, who sits on the commission, said of previously announced efforts to allocate incentives in rural areas of the state. “I don’t want something to just be on the books that looks cute.” The study commission is slated to have a report on its findings submitted by January 31, as Alabama’s 2023 legislative session is in full swing. Republished with the permission of The Center Square.

Senate advances effort to resist Joe Biden’s gun actions

Alabama lawmakers on Thursday advanced legislation aimed at resisting a half-dozen executive actions by President Joe Biden to combat gun violence. The Alabama Senate voted 24-5 for legislation that would prohibit state and local officials from participating in the “administration or enforcement of any presidential gun control order.” However, the bill includes an exemption if doing so would jeopardize federal funding. The measure is part of red-state efforts to seek, both tangible and symbolic, resistance to federal gun control measures. The approval came over the objections of Democrats who derided the measure as unconstitutional and election-year pandering. The bill now moves to the Alabama House of Representatives. “The Second Amendment says the right to bear arms shall not be infringed upon, and this bill is about safeguarding our God-given rights to protect our families and homes,” Sen. Gerald Allen, a Republican from Tuscaloosa, said in a statement about his bill. Two Democratic senators sharply criticized the measure. “This is an election piece, here,” said Senate Minority Leader Bobby Singleton, a Democrat from Greensboro. Sen. Rodger Smitherman, a Democrat from Birmingham, said the bill, if approved, would almost certainly be challenged in court. “I’m telling y’all again that this is going to be unconstitutional. You are going to spend all these millions of dollars trying to defend this and we are going to lose and look bad,” Smitherman said. The president has limited ability to enact gun control measures without congressional approval. Biden last year issued an order that included moves to crack down on “ghost guns,” homemade firearms that lack serial numbers used to trace them and are often purchased without a background check and to tighten regulations on pistol-stabilizing braces. An original version of the Alabama law would have also applied to federal gun laws. Idaho and Missouri have approved similar measures. The Justice Department last year warned Missouri officials that the state can’t ignore federal law after the governor signed a bill that banned police from enforcing federal gun rules. The Alabama legislative action came the same week that lawmakers rejected a measure that would allow people with mental health issues to voluntarily place themselves on a “do not sell” list to temporarily block themselves from buying firearms. The bill failed on a procedural vote required to bring the measure up for debate in the Alabama House of Representatives. Alabama will also become the latest state to allow people to carry concealed handguns without first undergoing a background check and getting a state permit. Alabama Gov. Kay Ivey this month signed legislation ending the requirement for a person to get a concealed carry permit to carry a loaded handgun concealed under their clothes, in a purse or bag, or in a car. Republished with the permission of the Associated Press.

Steve Flowers: Incumbency reigns supreme in State Senate

Steve Flowers

Being an incumbent state senator in Alabama is like owning that seat. The level of re-electability odds is probably better than that of an incumbent congressman, which is about the same as being elected to a seat in the Russian Communist Politburo. Being a freshman state senator in Alabama is a more powerful position than being a freshman U.S. congressman, especially if you want to affect public policy. Many times, a 50-year old, successful person who is interested in seeking a representative role will approach me and seek my advice about running for either a state senate seat or an open congressional seat. I will quickly advise them that as a state senator, you are one of 35, and you immediately have an impact on your first year as a state senator. However, if you win a congressional seat, you are one of 435. Because of the seniority system, it will be 15 years before they know your name in Washington and 25 years before you are chairman of a committee, and then it is time to retire. In the 35-member Alabama Senate, there are 27 Republicans and 8 Democrats – a pretty supermajority for the GOP. Twenty-four of the twenty-seven senate Republicans are running for reelection. Republicans Jimmy Holley, Del Marsh, and Jim McClendon are retiring. These seats will be filled by another Republican. Therefore, when the Senate organizes next January, the 27 to 8 supermajority will remain the same. The lines are drawn to protect incumbents on both sides of the aisle. The Constitution provides the power of the pencil for legislators to draw their own legislative districts. Seventeen of the 24 Republican incumbents have no opposition in the Republican Primary. Of the seven Republican senators who drew a Republican opponent, they only got an opponent the last day of qualifying, and their opposition is token at best. All 24 Republican incumbents will be reelected. If my prognostication is correct, that is a 100% re-electability rate.  There are only two GOP incumbents that were first thought to have viable opponents. Tom Whatley, at first blush, was rumored to have a race. However, polling and fundraising reveal he will win easily. The only interesting race may be in the Huntsville area, where incumbent Tom Butler is being challenged by Bill Holtzclaw, who previously served in that senate seat. The rule of incumbency also prevails on the Democratic side of the aisle. There is only one Democratic seat open. Priscilla Dunn holds the post in name only. She has never attended a senate day in Montgomery for this entire quadrennium. The Senate has, in essence, been operating with 34 senators. In actuality, the Democrats have only seven senate seats. There are 150,000 residents of Jefferson County who have had no voice or vote in the Alabama Senate for four years. There are two Democratic House members vying to fill this seat, Merrika Coleman and Louise Alexander. Ms. Coleman is favored to win this open Senate seat.  The cadre of leadership on the Democratic side will return, including powers Bobby Singleton, Rodger Smitherman, and Vivian Figures. Hank Sanders will return to represent Selma and the Black Belt after a four-year sabbatical. His daughter was in the seat this last quadrennium.  The entire leadership of the Republican-led Senate will return unopposed, including Greg Reed, Jabo Waggoner, Clay Scofield, Arthur Orr, Greg Albritton, Steve Livingston, Gerald Allen, and especially Clyde Chambliss. They will be joined by a superstar freshman class, who will become even more powerful. This class of leaders includes Will Barfoot, Garlan Gudger, April Weaver, Sam Givhan, Donnie Chesteen, and a trio contingency of Baldwin/Mobile senators Chris Elliott, Jack Williams, and David Sessions. Another member of this sterling class, Dan Roberts of Jefferson, has an opponent but will be reelected. The three open Republican seats and one Democratic open seat will give us some interesting senate races to follow. One of, if not the most important ingredients which creates the power of incumbency is the almighty campaign dollar. Money is the mother’s milk of politics. Most of this campaign money comes from Special Interest Political Action Committees. Ninety percent of those special interest dollars go to incumbents. Thus, over 90% of Alabama state senators are reelected. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at: www.steveflowers.us.

Senate votes to allow concealed handguns without permit

handgun

The Alabama Senate approved legislation Thursday that would end the state’s requirement for a person to get a permit to carry a concealed handgun in public. Senators voted 23-6 for the House-passed bill. The legislation now returns to the House of Representatives where members will decide whether to accept minor Senate changes to the bill. The proposal is championed by gun rights advocates who call it “constitutional carry” and argue that people should not have to get a permit, which requires a background check and a fee, to carry a concealed handgun. Opponents, including state sheriffs and others in law enforcement, said the permits help combat crime and enhance public safety. “It wasn’t meant for us to pay a fee, or a dime, or anything to be able to arm ourselves to protect our families, our properties. It’s a right,” Republican Sen. Gerald Allen said in reference to the Second Amendment. Republicans, who hold a lopsided majority in the chamber, cut off debate after an hour and forced a vote on the bill. “We are fixing to open ourselves up to the wild, wild west,” Sen. Rodger Smitherman, a Democrat from Birmingham, said. “You are going to literally have conflicts settled in wide-open shootouts because everybody is going to have their gun on them.” Proponents of the bill noted there are 21 states that allow concealed weapons in public without a permit. Opponents pointed to the state’s already high rate of gun violence. Alabama in 2020 had the country’s fifth-highest rate of gun-related deaths – including suicides and murders — with 1,141 deaths, according to numbers from the Centers for Disease Control and Prevention. “We’ve got a war going on right here in Alabama, and we want to add fuel to the fire,” Sen. Linda Coleman-Madison, a Democrat from Birmingham, said. Democratic Sen. Bobby Singleton of Greensboro, accused Republicans of kowtowing to political pressure from groups like the National Rifle Association. “The conservative party of the state of Alabama wants to defund the police … You are taking tools out of the toolbox to be able to protect citizens,” Singleton said. Permit fees have gone to sheriffs’ offices. One Senate change to the bill would steer $5 million in state funds to sheriffs’ offices to compensate for the funding loss. But Singleton said that would take money from other state needs. Alabama currently requires people to get a concealed carry permit, which requires a background check, to carry a handgun under their clothes or in a purse or bag when they go in public. The bill, sponsored by Republican Rep. Shane Stringer of Citronelle, would do away with the requirement, although people could still choose to get a permit if they wanted. It would also do away with the current requirement for people without concealed carry permits to keep handguns unloaded and secured when driving. The House of Representatives could give the legislation final approval as soon as next week. Proponents of the bill said the Alabama Law Enforcement Agency is developing a database, authorized by existing state law creating a lifetime concealed carry permit option, that officers will be able to use to flag people not legally entitled to carry a handgun. The president of the Alabama Sheriffs’ Association has said he does not think the database will effectively replace the safety checks provided by the permits. Amanda Wasden, a spokesperson for the Alabama Law Enforcement Agency, said the agency hopes to have the database operational by October 1. Republished with the permission of the Associated Press.

Supporters face uphill battle to decriminalize marijuana

Medical Marijuana

Supporters are continuing to push for Alabama to join states that have decriminalized possession of small amounts of marijuana, but the state senator behind the bill acknowledged the measure has a bleak outlook in an election-year session. The Senate Judiciary Committee on Wednesday approved Democratic Sen. Bobby Singleton’s bill, which would make possession of less than two ounces of marijuana punishable only by a civil fine. “What we’re doing is basically trying to just make sure that we are not locking people up on marijuana charges,” Singleton said. An offense would be classified as a violation, a step below a misdemeanor, and carry a fine of up to $250. However, he acknowledged the outlook for the bill is “not bright considering it is an election year.” Twenty-seven states have decriminalized small amounts of marijuana, according to the National Conference of State Legislatures, and 18 have legalized small amounts of marijuana for adult recreational use. The Alabama bill would also do away with jail time for possession of more than two ounces of marijuana for personal use— making it a misdemeanor until a person racks up multiple violations. Trafficking laws would still apply. Singleton said it was his intent to only address two ounces or less and will revert to that if the bill comes to the Senate floor. Republished with the permission of the Associated Press.