Terri Sewell applauds Gov. Kay Ivey’s approval of controversial West Alabama Highway project
On Monday, Alabama Governor Kay Ivey approved the West Alabama Highway project, signing the Alabama Department of Transportation (ALDOT) contracts to proceed with the five-laning. Congresswoman Terri Sewell (D-AL07), who represents much of the area, applauded the governor’s action. Sewell said on the social media platform known as X, “I applaud @GovernorKayIvey for approving the West Alabama Corridor Project. This project will bring much-needed jobs and economic development to communities in the Black Belt. Allowing it to move forward was the right thing to do.” The contracts to proceed with the project were held up for 45 days by the Legislature’s Contract Review Committee. State Senator Chris Elliott (R-Daphne) held up the contracts because he argued that the expensive projects would slow the timeline on other projects like widening Interstate 65. “They are trying to lock this down while she (Ivey) is still in there,” Elliott said. Elliott was also concerned about the lack of federal support for the project. “They never asked,” Elliott said of ALDOT. “They are not going to ask. They said something about getting those federal grants is too difficult, and they have not had luck in the past.” Lieutenant Governor Will Ainsworth also opposes the project in a rare public rift with the Governor. The dispute centers around a nearly $75 million contract to design the 83 miles of widening of the road necessary to make it five lanes from Mobile to Florence. The controversial project broke going toward that project, which broke ground in 2021. It aims to widen a two-lane roadway to four lanes and connect Thomasville to Tuscaloosa. Much of the money to build the project will be borrowed by the state. On Thursday, West Alabama leaders held a rally at the West Alabama Chamber of Commerce where they argued that the project was necessary and will both improve the quality of life and economic development for the region. Kyle South is the President and CEO of the West Alabama Chamber of Commerce. “We stand in support of the investment project known as the West Alabama Highway,” President South said. “We want the West Alabama Highway project to move forward without any further delays.” The Legislature’s Contract Review Committee cannot block a contract. All they can do is draw attention to a contract they find questionable by placing a hold on the signing of the contract. Once 45 days have passed, the Governor can sign the contract anyway, as Gov. Ivey did on Monday. The full committee did not vote to place the hold on the contract. Instead, Committee Chairman Dan Roberts (R-Mountain Brook) kept in place a committee policy where a single member can hold up a contract, which is what Elliott did. Elliott kept his hold in place for the 45-day maximum period of time. Terri Sewell has represented the Seventh Congressional District since 2011. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
State Sen. Chris Elliott concerned about cost of West Alabama Highway Project
On Thursday, State Senator Chris Elliott (R-Daphne) placed a hold on two Alabama Department of Transportation (ALDOT) contracts for design work on the West Alabama Highway – Governor Kay Ivey’s promised Mobile to Florence West Alabama five-lane highway project. The Senator placed the hold during Thursday’s Joint Legislative Contract Review Committee meeting. Sen. Elliott spoke with Alabama Today about the situation Friday. Elliott said he is not opposed to the project but was concerned about the funding mechanism and the cost. “They have no idea,” Sen. Elliott said. “They quoted three different numbers yesterday. First, it was $800 million, then it was a billion, and then it was $1.1 billion. They don’t know.” Elliott said that he was concerned that ALDOT was rushing the project forward. “They are trying to lock this down while she (Ivey) is still in there,” Elliott said. Yellowhammer News asked the Senator why no federal dollars are being used for this project even though Highway 41 is a U.S. Highway. “They never asked,” Elliott said of ALDOT. “They are not going to ask. They said something about getting those federal grants is too difficult, and they have not had luck in the past.” Elliott said he was concerned that because of “the way they are doing it, they might be leaving federal money on the table.” Elliott expressed skepticism about the numbers given by the administration. “This is intentional lowballing,” Elliott said, citing the two mega prisons the state is building as an example. “Yes, concrete has gone up, but it did not go up over 100 percent. Fuel is up, but it did not go up over 100%. Labor did not go up over 100%.” In response to Elliott’s hold on the West Alabama Highway project contracts, State Representative Chris England (D-Tuscaloosa) vowed to block all ALDOT contracts in response to Elliott’s opposing the West Alabama five-lane project. “Whatever is going to happen, it will be resolved within 45 days,” Elliott said. Elliott explained that members of the contract review committee can place a hold on a contract for 45 days. The only thing missing on the contracts is the Governor’s signature. At the end of 45 days, the Governor may sign the contract whether or not legislators are opposed. “Rep England and I are going to meet with highway department officials this week,” Elliott said. West Alabama officials insist that the West Alabama five-lane highway project is necessary for economic development and so residents can access services like healthcare. Ivey has promised that no county will lack four-lane highway access to an interstate. This project is part of her effort to fulfill that promise. Alabama Today also attempted to reach out to Rep. England for his comments. In a heated hearing on Thursday, ALDOT Engineer Clay McBrien told Elliott that the project cost could be over $1 billion – this is up from earlier estimates of $767 million. The Mayor of Thomasville hosted a press conference for West Alabama Mayors earlier this week to gain support for the project. West Alabama Mayors insist that the project is needed for economic development and so their communities can more easily access services such as health care. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature passes legislation to allow law enforcement officers to make arrest for parole or probation violations
On Tuesday, the Alabama Legislature approved bipartisan legislation allowing law enforcement officers to arrest persons for parole or probation violations. Senate Bill 157 (SB157) is sponsored by State Senator Chris Elliott (R-Fairhope) and carried in the Alabama House of Representatives by House Public Safety and Homeland Security Committee Chairman Allen Treadaway (R-Morris). Rep. Treadaway is a retired Birmingham Deputy Chief of Police. “This allows for a law enforcement officer to arrest a parolee that is violating the terms of his parole,” Treadaway explained. “What this bill does is allow the law enforcement officer to make that arrest if he witnesses the parolee committing a parole violation.” Treadaway explained that under current law, only parole officers can arrest a felon for violating the conditions of their parole or probation. Ordinarily, the parole officer will authorize law enforcement to make the arrest. “When we find them violating the terms of parole, we have to notify the parole officer,” Treadaway explained. This legislation was modified in the State Senate to require law enforcement officers who arrest parolees to notify the Bureau of Pardons and Paroles after the law enforcement officer makes the arrest. “He has four hours to notify the Board of Pardons and Paroles that he has taken that action,” Treadaway said. Rep. Thomas Jackson (D-Thomasville) expressed his concerns that this has the potential for an officer to harass a parolee. “You are giving those people some wrong ideas,” Rep. Jackson said. “If his parole says that he can’t go near children, and he is attending children’s events and hanging around schools, don’t you want the law enforcement officer to make that arrest?” Treadaway replied. Jackson responded, “There could be a grudge against someone. You know how that happens.” “The intent is well and good, but this can cause collateral damage and unintended consequences,” Jackson said. SB157, as enrolled, would “Allow a law enforcement officer to arrest a parolee or probationer without a warrant in certain circumstances; to require the Board of Pardons and Paroles to send the Alabama State Law Enforcement Agency the conditions of parole for an individual released on parole; to require a court to provide to the Alabama State Law Enforcement Agency the conditions of probation for an individual released on probation; and to require the Alabama State Law Enforcement Agency to make the conditions of parole or probation available to law enforcement officers and other authorized persons through the Law Enforcement Tactical System.” The House of Representatives passed SB157 in a vote of 80 to 17. The legislation had already passed the Alabama Senate by a vote of 33 to 0. The bill has now gone to the governor for her consideration. Tuesday was Day 30 of the 2023 Alabama Regular Legislative Session. The Alabama Constitution forbids any regular legislative session to go beyond 30 days. Barring a second special session being called by Alabama Governor Kay Ivey, the Legislature will next meet on February 6, 2024. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature passes bill to make improper annexations valid
On Thursday, the Alabama Senate passed legislation that would bar a property owner from challenging a past annexation if there was something flawed with the process. House Bill 48 is sponsored by State Representative Jim Hill. The bill was carried in the Senate by State Senator Jabo Waggoner. Hill said that periodically the legislature brings this bill so that cities can’t be sued over past annexation efforts. The last time the Legislature did this was in 2011. Sen. Waggoner said in committee that he is bringing this bill for the Alabama League of Municipalities. Hill said that the homeowner has had time to bring a claim and has not exercised that challenge already, and so has accepted the annexation as valid. State Sen. Chris Elliott strongly objected to the bill in committee over grounds that this bill would be making an illegal annexation legal after the fact. According to the synopsis, “Under existing law, municipal annexations prior to May 4, 2011, have been validated and ratified notwithstanding any procedural defect in the annexation. This bill would validate and ratify any annexations prior to the effective date of the act proposing this bill.” SB261 passed the Alabama Senate 18 to 11. The legislation has already passed the House so it now goes to the Governor for her consideration. Thursday was day 23 of the 2023 Alabama Regular Legislative Session. 851 bills have been introduced to this point in the session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Steve Flowers: Alabama has a host of outstanding political leaders under 45
It may appear to you and most casual observers of Alabama politics that our Alabama elected officials are old. That observation is accurate when you observe our current leaders in the highest offices. The governor’s office has been held by mature folks in recent years. Our current Governor, Kay Ivey, is 78 and has been the object of national media humor for appearing to be a pistol-toting great-grandmother. Dr. Robert Bentley, her predecessor, was in his 70’s, but he may have been sprier than he appeared. Bob Riley was no spring chicken while governor at age 65, although he looked younger. Our iconic senator, Richard Shelby, retired in January at 88 after a record-breaking 36 years in the U.S. Senate. Our new Senior Senator, Tommy Tuberville, is 68. This was not always the case in the Heart of Dixie. In the period from 1930 through 1970, we elected the youngest political leaders in the nation, beginning with our legendary tandem of United States Senators Lister Hill and John Sparkman, who served together close to 30 years. Lister Hill was elected to Congress from Montgomery in 1923 at age 29 and was elected to the U.S. Senate at age 44. John Sparkman was elected to the U.S. Senate in 1946 at 46 after serving as the Congressman for the Tennessee Valley. If you think Hill and Sparkman were young when they went to Washington, you have not seen anything like the governors we elected from 1946 -1966. James E. “Big Jim” Folsom was 38 when he was elected in 1946. John Patterson was 37 when he was elected in 1958. Patterson was referred to as the “Boy Governor.” When George Wallace was elected to his first term in 1962, he was only 43. When his wife Lurleen Wallace was elected in 1966, she was 40. She died in office of cancer less than two years later at 41. Lurleen Wallace was succeeded by Lt. Governor Albert Brewer, who had been Speaker of the Alabama House at 34, Lt. Governor at 38, and was 39 when he became governor. Bill Baxley was the youngest Attorney General in America when he was elected Attorney General of Alabama at 29 years old in 1970. He had been a 25-year-old District Attorney in Houston and Henry Counties. Baxley still practices law in Birmingham at 81. Well, folks, a cursory look at our current top elected officials may appear old. However, we have a generation of young political leaders arriving on the scene in Alabama. We already have superstars on the horizon and already on the scene who are under 45. Our new United States Senator, Katie Britt, is only 40 years old. She has the ability and youthfulness to be one of Alabama’s greatest senators. She has gotten to the Senate at a younger age than Hill, Sparkman, or Shelby. Marshall County has become the hotbed and breeding ground for the next generations of Alabama political leaders. This beautiful pristine lake area of North Alabama lays claim to Lt. Governor Will Ainsworth, age 41, State Senate Majority leader Clay Scofield, age 42, and State Representative Wes Kitchens, who is 35 and is Vice Chairman of the House Republican Caucus. Andrew Sorrell, the newly elected State Auditor, is only 37. He has a bright future. The brightest star in the Democratic ranks is Huntsville State Representative Anthony Daniels. At age 40, Daniels is a superstar. He is in his third term in the House from Huntsville. He is the Minority Leader in the House. This gentleman is also a successful high-tech businessman in Rocket City. There are several other stars under 45 in the Alabama House of Representatives besides Daniels and Kitchens, including Kyle South of Fayette, Matt Simpson of Daphne, Joe Lovvorn of Auburn, Ben Robbins of Sylacauga, Scott Stadthagen of Madison, Corey Harbison of Cullman, and very young newcomers James Lomax of Huntsville and Brock Colvin of Albertville. Joining the affable and accomplished 42-year-old Senate Majority Leader, Clay Scofield in the powerful State Senate in the under 45 superstar group are Senator Chris Elliott, 42, of Baldwin, Senator Andrew Jones, 38, of Cherokee, and newly elected Senator Josh Carnley from Coffee County who is 44. Alabama has a host of under 45 political leaders. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column is seen in over 60 Alabama newspapers. Steve served 16 years in the legislature. He may be reached at: www.steveflowers.us.
Legislature passes bill to prevent municipalities from adding to state building codes
On Thursday, the Alabama Legislature passed legislation that would prevent municipalities from adding additional requirements for homebuilders that are not found in the state building code. Senate Bill 40 (SB40) is sponsored by State Senator Chris Elliott. The legislation was carried in the Alabama House of Representatives by State Representative Reed Ingram. Rep. Ingram told the Legislature that extra demands from municipalities were driving up the cost of new home construction. “A lot of municipalities are making them do extra work,” Ingram said. “They are making that add extra support for roof solar panels and add extra wiring for electric stoves in homes in a subdivision that are built for gas stoves.” SB40 prohibits the adoption or enforcement of certain building codes requiring the installation of certain latent, non-operable features in a residential structure.” “It is not what the builder wants or what the homeowners want,” Ingram explained. “They are making them run a 220 line and do a lot of extra work for electric stoves that are not needed. It affects every home in the entire subdivision. You have never had to do that before.” “This is a bill from the Homebuilders Association,” Ingram explained. “This is happening all over the state. It is adding extra cost for the homeowner.” Rep. Laura Hall asked if the League of Municipalities opposed this. Ingram said, “It came through my committee, and we had no group opposition.” “Some are also requiring to wire for electric cars,” Ingram said. “The homeowner may not want an electric car. You can always go back and wire in for electric cars.” “When you are building a spec home, if a builder wants to have all gas or electric, that is his choice,” Ingram added. Rep. Scott Stadthagen said, “I want to thank you for your efforts on behalf of the homebuilding industry. Rep. Brett Easterbrook said, “I have been a home builder for 38 years. We are probably spending $25,000 and $30,000 extra on a house in Mobile and Baldwin Counties because of this.” Rep. Curtis Travis said, “I want to thank you for bringing this bill to give some control over the arbitrary decisions of local governments.” Rep. Anthony Daniels said,” This is a good bill that will help consumers. I am supportive of this bill.” Rep. Mack Butler said, “This is a liberty issue.” SB40 passed the House of Representatives 104 to 0 without amendment. It has already passed the Senate, so it now goes to the Governor for her consideration. Tuesday will be Day 14 of the 2023 Alabama Regular Legislative Session. The Alabama Constitution of 1901 limits the Legislature to no more than thirty days in a regular session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature passes DRAM shop reform legislation
On Tuesday, April 11, the Alabama Legislature passed legislation that sponsors hope will lower insurance costs for bars and restaurants serving alcohol. Senate Bill 104 (SB104) was sponsored by State Senator Chris Elliott. It had 15 Republican cosponsors in the Senate, including Majority Leader Clay Scofield. SB104 was carried in the Alabama House of Representatives by State Representative David Faulkner. Under current law, if a person becomes intoxicated at a bar, nightclub, or restaurant that serves alcohol and then is involved in an accident afterward, Alabama has a “strict liability” in place where the owner of the establishment that served the alcohol can be held civilly liable for that accident by the persons harmed or killed by the intoxicated person. This is the strongest standard under the law in the nation. Because of this high liability standard, only three insurers are willing to sell liability insurance in Alabama. This insurance is called DRAM shop coverage. The law requires that coverage as a condition of having a liquor license, but the required $100,000 coverage can cost as much as $35,000. One insurance carrier has threatened to pull out of college towns, including Auburn and Tuscaloosa. SB104 replaces that strict liability standard in the law with a new standard that lessens the liability on the owners of bars, nightclubs, and restaurants. SB104 creates a standard under which a server would have to knowingly serve a visibly intoxicated person, and for that service to be the proximate cause of an injury or death for the business to be liable. This legislation is being passed at the urging of the hospitality, insurance, retail, and tourism industries. 11 trade associations came together to press for this legislation. That alliance includes the: Alabama Beverage Licensees Association, Alabama Brewers Guild, Alabama Grocers Association, Alabama Independent Insurance Agents, Alabama Restaurant and Hospitality Association, Alabama Retail Association, Alabama Tourism Partnership, Business Council of Alabama (BCA), Gulf United Metro Business Organization (GUMBO), National Federation of Independent Businesses, and the Petroleum and Convenience Marketers of Alabama. Dothan Attorney Pamela Halford said, “In Alabama, if you have served alcohol to a person who later becomes intoxicated and causes damages, you are responsible for those damages whether or not the person was intoxicated at the time of sale or not. This is a strict liability scheme and resulted in only three insurance carriers willing to write liability insurance coverage for liquor liability. Obviously, this is problematic for those in the retail and hospitality industry. Accordingly, several organizations got together and lobbied for what passed yesterday – which was Senate Bill 104, which removes the strict liability scheme and instead requires knowingly to someone who is visibly intoxicated before you can be responsible for any resultant damages. This removes the strict liability scheme and hopefully make it easier for you to get liquor liability insurance in the State of Alabama.” House Bill 158 was the companion bill introduced in the House. SB104 passed the House of Representatives 104 to 0. It has already passed the Senate and will head to the Governor’s desk for her signature. Tuesday will be day 11 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama Legislature returns for session today
The Alabama Legislature will be back at work in Montgomery Tuesday after taking off last week for spring break. Both Houses of the Alabama Legislature will be in session, with the Alabama House of Representatives going into session at 1:00 p.m. and the Alabama Senate going in at 2:30 p.m. As of Tuesday, the Alabama House of Representatives has not released a proposed special order calendar for what bills it will work on in Tuesday’s session. The Senate has not posted a new special order calendar. The Joint Committee on Public Accounts will meet on Tuesday at 12:30 p.m. in the Senate’s Finance and Taxation committee room on the eighth floor of the Statehouse. The committee has not posted an agenda. The Senate County and Local Government Committee will meet at 1:00 p.m. in the same room. There are two bills on the posted committee agenda. Senate Bill 92 (SB92) is sponsored by Sen. Josh Carnley. SB92 would extend the time to make a one-time lump-sum addition to the retirement benefits of certain retirees and beneficiaries of the Employees’ Retirement System and give local units participating in the Employees’ Retirement System the option to come under the provisions of the act. According to the fiscal note, “The provisions of this act would increase the obligations of any local entity making such election by an undetermined amount dependent on the cost of the bonuses issues, which must be borne by the local government, as provided by this bill.” Senate Bill 142 (SB142) is sponsored by Sen. Vivian Figures. SB142 would annex additional property into the Baldwin County city of Spanish Fort. The legislation is cosponsored by Sens. Greg Albritton and Chris Elliott, so all three of Baldwin County’s Senators support this legislation. Elliott chairs the committee. The Senate Healthcare Committee will meet at 1:30 p.m. in Room 304 of the State House. Two bills are on the Committee agenda. Senate Bill 109 (SB109) is sponsored by Sen. Linda Coleman-Madison. SB109 would further provide the scope of practice of licensees of the Alabama Board of Social Work Examiners. Senate Bill 28 (SB28) is sponsored by Sen. Tim Melson. SB28 would expand the scope of the practice of podiatry to include the treatment of disorders of the foot and ankle. Currently, Alabama limits podiatrists to feet only. There was a public hearing on this legislation on March 22. Alabama is one of the most restrictive environments for podiatrists in the country, making it very difficult for podiatrists to practice in Alabama. Most of our neighboring states already allow podiatrists to treat the ankle. The doctors’ lobbying group, the Alabama Medical Association, has opposed expanding the scope of practice for podiatrists for years. Melson chairs the Senate Healthcare Committee. Tuesday will be day 5 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature finishes the ARPA special session
On Thursday, the Alabama Senate voted to pass House Bill 1 (HB1), which appropriates $1,060,000,000 in federal American Rescue Plan Act (ARPA) funds for water projects, broadband, healthcare, and other projects. Following Senate passage, the Alabama House of Representatives voted to concur with the changes made by the Senate, and the bill has been sent to the governor. HB1 was sponsored by State Representative Rex Reynolds and was carried by Sen. Greg Albritton. The state has received approximately $2.1 billion in ARPA funding from the federal government. Half of that money has already been appropriated by the Legislative and is in the process of being allocated by the executive branch to projects across Alabama. This second tranche of ARPA money includes about $339,175,000 that will go for healthcare needs, including $25 million for Mental health and $9 million for the expansion of telemedicine. $260 million will be used for broadband, including a cybersecurity component. $395 million will go to water and sewer projects. $55 million will be used to compensate state agencies for the negative impacts of the COVID-19 pandemic. $1,179,000 will go for administrative costs of overseeing and allocating the money. State Sen. Arthur Orr said, “I don’t see what a lot of this has to do with COVID, but I can also see when a train is coming. “We have also got $55 million that can be for food assistance for food banks and nutritional programs,” Orr said. “I appreciate all your hard work on both of these ARPA bills,” Orr said to Albritton. “I think if we never have another ARPA, you would be happy with that.” “It does not fully fund the PEEHIP assistance, which is why the fed passed the original assistance bill,” Orr said. The full Senate voted to adopt the committee amendment introduced Wednesday for Sen. Chris Elliott. Sen. Linda Coleman-Madison offered a floor amendment to the bill. Coleman Madison said, “I would like to know why in-kind contributions was left out. It saves money from contracting out. It saves time. It helps the money go further.” “All of these moneys are under very strict guidelines by the federal Treasury Department,” Albritton said. “If we allow an in-kind contribution that opens up a means of reporting that may become problematic,” Albritton said, “We are talking about the $395 million for water and sewer projects. That is less than 40% of the total ARPA money.” “I ask that you withdraw the amendment,” Albritton said. Coleman Madison said, “I do not want to do anything where the federal government will come back and require a clawback. They want money and not any kind of service. I would like to withdraw my amendment.” Albritton provided a breakdown of the water and sewer dollars in the bill as amended by Elliott’s committee amendment. · $195 million is for water and sewer. · 100 million is water, sewer, and stormwater and may have, but does not require a match. · $100 million in water, sewer, and stormwater and does require a match “Every county in the state will have an opportunity to apply and will actually get funding for a project in their county,” Albritton told the members. “Counties across this state got $495 million directly to counties, and some of them chose to do nothing about stormwater with it,” Senate Minority Leader Bobby Singleton said. “Now they come to us and want us to fix it for them.” State Sen. Rodger Smitherman proposed an amendment to require ADEM to work with a town or county whose application was denied due to an error on the application. “This is simply to help our small towns,” Smitherman said. “If you are in a metropolitan area, you probably have someone who can do this, but our small towns cannot afford that.” “It has already been done,” Albritton objected. “That was in ARPA one. I hesitate to put that language which is already occurring in statute. I am going to vote no on this. We have already added one amendment. I don’t want another amendment one. It raises the possibility of nonconcurrence.” Smitherman’s amendment passed over Albritton’s objection 29 to 1. State Sen. Will Barfoot applauded the members for providing funding for healthcare but urged the members to do more for rural healthcare in the regular session. “I am challenging each of you here to start looking at bills to address healthcare in our rural communities,” Barfoot said. Senate Pro Tem Greg Reed said, “We have to stay focused on rural healthcare.” “We are going to have several pieces of legislation addressing nursing,” Reed said. “A lot of areas in my district, we would not have healthcare if we did not have nurse practitioners.” Reed said that broadband expansion is part of healthcare because of telemedicine. “The technology is advancing tremendously,” Reed said. “That is one way that local hospitals will be able to stay in business. We need to find ways to increase healthcare benefits, particularly in rural places like in my district.” State Sen. Vivian Figures said to Albritton, “Thank you for making sure that the cities and counties that can’t afford to put up a 35% match will be able to do these projects as well.” “I want to thank you for all the work that you have done,” Singleton said to Albritton. “It is a lot of money to spend. We have a lot of needs, but we are beginning to see a difference in the state. We are not going to be able to get it all, but we are knocking a dent in it.” “I wish you could have set aside more of the money for rural hospitals like we did in the first round,” Singleton said. “When that $40 million was cut out for them in the last round, they were ecstatic.” Reynolds asked that the House concur with the Senate changes to HB1. “The second amendment requires that ADEM has to work with a system if an application is denied because of an error,” Reynolds explained. “That system has to have an opportunity to correct that error, and if that application is denied, it has to be
Seven State Senate seat races to watch
All 35 State Senate seats are up for grabs in the November 8 general election. Republicans hold a 27 to 8 margin over Democrats in the current makeup of the Alabama Senate. The Alabama Republican Party is running candidates in 29 seats. The GOP is defending all of the 27 seats they currently hold and are running candidates in two districts currently held by Democrats. Alabama Democrats are defending the eight seats they currently hold and are challenging the GOP in six districts currently held by Republicans. Libertarians currently hold no seats in the Alabama Senate but are running twelve candidates in State Senate races. There are a number of contested State Senate races on the November ballot. These are the seven races with the most chance of becoming interesting. Democrat Lisa Ward is challenging Republican incumbent State Sen. Gerald Allen in Senate District 21. Both of these candidates are well known in the Tuscaloosa area. Allen has represented the district for three terms and served in the Alabama House of Representatives before that. Ward is a former city councilwoman who is very active in the community. According to filings with the Alabama Secretary of State’s office, Allen has a $204,872.68 campaign account balance entering September, which includes August contributions of $8,250. Ward, the challenger, meanwhile raised $23,149.76 in August and has a cash balance of $31,968.94 entering September. Neither faced a primary opponent. Democrat Kim Lewis versus Republican incumbent State Sen. Tom Butler in Senate District 2. Butler has represented Madison County in the legislature for parts of five decades, but this is one of the fastest growing areas in the state, and there are thousands of new people that bring different politics with them to the area. Lewis is hoping that an increasingly purple Madison County will result in a win. Butler was pushed hard in the Republican primary by former State Sen. Bill Holtzclaw. Butler raised $44,500 in the month of August and enters September with $38,166.63. Lewis raised $7,830 in August and comes into September with $27,859.70. In Senate District 33, incumbent Democratic Sen. Vivian Figures faces Republican challenger Pete Riehm. This has been a very safe Democratic district consisting of the poorest parts of Mobile as well as Mobile County suburbs like Prichard, but redistricting meant that the new district now goes deep into Baldwin County and picked up the very prosperous and heavily Republican community of Spanish Fort. This district went from very blue to purple thanks to the legislature’s redistricting and efforts to “unpack” Black voters from majority-minority districts. Is it purple enough for a Republican to take it away from the Democrats? That is for the voters to decide on November 8. Sen. Figures raised $31,500 in the month of August to enter September with $110,497.02. Riehm had contributions of $19,577.54 in August and enters September with $60,911.31. Democrat Sherri Lewis versus Republican Jay Hovey in Senate District 27. Hovey, an Auburn City Councilman, just narrowly defeated incumbent Tom Whatley (R-Auburn) in a heavily contested GOP primary. Hovey, who has the challenge of unifying Republicans, raised $85,500 in contributions in August to enter September with a cash balance of $70,074.17. Reese meanwhile raised $1,806.20 in August to bring a total of $2,703.33 into the month of September. Senate District 23 – here, there are three candidates vying for the open seat formerly held by State Sen. Malika Sanders-Fortier, who vacated the seat in an unsuccessful bid for governor. Democrat Robert Lee Stewart narrowly defeated former State Sen. Hank Sanders in a hard-fought Democratic primary runoff in June. Stewart faces both a Republican in Michael Nimmer and a Libertarian in Portia Stephens. Stewart raised $16,987 in August to bring $17,872.84 into September. The Libertarian, Stephens, reported raising $2,060 in August to finish the month with $6,285 in cash on hand. The Republican, Nimmer, has not filed a campaign finance report. Alabama does not have general election runoffs, so when there are multiple candidates, the candidate with the most votes wins even if they got less than half of the votes. There is another three-way contest in Senate District 29. There, incumbent Republican Sen. Donnie Chesteen (R-Dothan) faces both Democrat Nathan “Nate” Mathis and Libertarian Floyd “Pete” McBroom. Matthis reported raising no money in August, but he has $5,719.36 in cash on hand. McBroom has not filed a campaign finance report with the Secretary of State’s office yet. The incumbent, Chesteen, raised $25,500 in August to enter September with $327,660.86. In Senate District 12, Republican Keith Kelley is battling Democrat David McCullars for the open seat currently held by Sen. Del Marsh. Kelley raised $29,658.24 in August and has $65,102.13 in cash on hand. McCullars only raised $265 in the month of August and entered the month of September with $4,377.15 in cash on hand. Kelley had a hard-fought Republican primary. This is a district that has given Marsh a close call in the 2014 general election. In other contested Alabama Senate races · SD3 incumbent Arthur Orr (R-Decatur) faces Libertarian Rick Chandler · SD4 incumbent Garlan Gudger (R-Cullman) faces Libertarian Jacob Marlow · SD6 incumbent Larry Stutts (R-Sheffield) faces Libertarian Kyle Richard-Garrison · SD7 incumbent Sam Givhan (R-Huntsville) faces Democrat Korey Wilson · SD15 incumbent Dan Roberts (R-Mountain Brook) faces Libertarian Michael Crump · SD17 incumbent Shay Shelnutt (R-Trussville) faces Libertarian John Fortenberry · SD24 incumbent Bobby Singleton (D-Greensboro) faces Libertarian Richard Benderson · SD25 incumbent Will Barfoot (R-Montgomery) versus Libertarian Louie Woolbright · SD28 incumbent Billy Beasley (D-Clayton) faces Libertarian David Boatwright · SD35 incumbent David Sessions (R-Grand Bay) faces Libertarian Clifton Hudson Republican incumbents Tim Melson, Greg Reed, Steve Livingston, Clay Scofield, Andrew Jones, Randy Price, April Weaver, Jabo Waggoner, Greg Albritton, Clyde Chambliss, Chris Elliott, and Jack Williams are all running unopposed. Republican newcomers Lance Bell in SD11 and Josh Carnley in SD31 are also unopposed in the general election. Democratic incumbents Rodger Smitherman, Linda Coleman-Madison, and Kirk Hatcher are all also unopposed in the general election. State Rep. Merika Coleman is unopposed in SD19, which is being vacated by the retirement of Priscilla Dunn (D-Bessemer). In 2022 Republican candidates in Alabama have received $44,321,108.97 in contributions. Political Action Committees have received $17,846,761.05. Democratic candidates have received $6,629,199.43, and all other candidates have received just $111,950.87. The general
Steve Flowers: Incumbency reigns supreme in State Senate
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.
Steve Flowers: State Senate will have little turnover in 2022
2022 was anticipated to be an exciting competitive election year. However, it is going to be a yawn of a political year. If you thought there was no competition for the constitutional offices and the House of Representatives seats in next year’s elections, then you have not seen anything like the lack of turnover in the Alabama State Senate. Incumbency will prevail. In fact, the power of incumbency in the Alabama State Senate is on par with the incumbent return percentage for Congress, which is probably comparable to the Russian Communist Politburo. There are 35 state Senate seats; 27 of the 35 are held by Republicans. Out of the 27 Republican state senators, 24 are running for reelection, and all 24 probably will be reelected. Almost all of them have no opposition. The Democratic minority has just as high a reelection bar. Of the eight Democrats, seven probably will be running unopposed. The only Democrat not running will be Priscilla Dunn, who has not been to the Senate this entire four-year term. Most of the first-term State Senators have never met her. According to rumors, she is in poor health and cannot attend. The 150,000 people in Senate District 19 in Jefferson County have been without a voice or vote in the Alabama Senate for four years. The three retiring Republican State Senators are giants. Del Marsh, Jimmy Holley, and Jim McClendon’s shoes will be hard to fill. These three seats will be filled by new Republicans. The 27-8 super Republican majority will continue. State Senator Del Marsh (R-Anniston) has been a leader in the Senate for 23 years. He served as President Pro Tempore of the Senate most of that time. He ran a very effective ship of state. State Senator Jimmy Holley (R-Elba/Coffee) is an icon. He was a master of Senate rules. He also was a mentor to a good many young senators. State Senator Jim McClendon (R-St. Clair) will be sorely missed in the state senate. The gentleman from St. Clair served with honor and distinction for eight years in the State Senate and 12 years before that in the House of Representatives. This freshman class of senators has bonded and work cohesively with the veteran leaders. The Freshman Class includes Will Barfoot (R-Pike Road), Tom Butler (R-Huntsville), Sam Givhan (R-Huntsville), Dan Roberts (R-Jefferson), Garlan Gudger (R-Cullman), Randy Price (R-Lee), Donnie Chesteen (R-Geneva/Houston), David Sessions (R-Mobile), Jack Williams (R-Mobile), Chris Elliott (R-Baldwin) and Andrew Jones (R-Cherokee/Etowah). Senator April Weaver (R-Shelby/Bibb) won her seat recently when Cam Ward left to become head of Pardons and Paroles. April Weaver previously served in the House of Representatives. She is the only female GOP Senator. She has a bright future. All twelve of these new senators have done an excellent job, and all will be reelected. Ten of the twelve will probably run unopposed. There are some exceptionally talented and dedicated veterans in the Senate that will coast to reelection. Most, if not all, will be unopposed. This stellar group of legislative leaders includes President Pro Tem Greg Reed (R-Jasper/Walker), Senate Majority Leader Clay Scofield (R-Guntersville), Senator Clyde Chambliss (R-Autauga/Elmore), Senator Steve Livingston (R-Scottsboro/Jackson), Senator Shay Shelnutt (R-Jefferson), Senator Tom Whatley (R-Auburn/Lee), Senator Gerald Allen (R-Tuscaloosa), Senator Greg Albritton (R-Escambia) the Chairman of the Senate Finance General Fund, Senator Arthur Orr (R-Decatur) Chairman of Senate Finance Education, and last but certainly not least, the legendary Jabo Waggoner (R-Vestavia), who chairs the Senate Rules Committee. There will be some outstanding veteran Democrats returning to the State Senate. There are several giants, who include Senator Bobby Singleton (D-Greene), Senator Vivian Figures (D-Mobile), Senator Rodger Smitherman (D-Birmingham), and Senator Billy Beasley (D-Barbour). Senator Kirk Hatcher (D-Montgomery) is new to the senate. However, he bears watching. He is gregarious, likable, and a quick study. He will be effective for Capitol City. The senate abounds with outstanding leadership on both sides of the aisle. The lack of competition the members are garnering is a testament to their good work. This returning group of leaders could well portend for a successful future quadrennium. With this kind of experience and leadership, they will also be an independent group. They will not be a rubber stamp for the governor. 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.
