School choice proposal goes to study group
A school choice bill that could give parents $5,500 in state funds to send a child to private school is headed to a study group for negotiations after opposition from some education organizations and lawmakers. Republican Sen. Del Marsh said the Republican majority leaders have put together a group to look at his legislation. He said he is optimistic they can develop a compromise. The Parents’ Choice Act, as introduced by Marsh, would establish a path for parents to tap state money normally used on their child’s public school education — about $5,500 per student per year — and use it to pay for private school, a public school outside their district, homeschooling expenses, or other alternate education paths. The program would cost up to $537 million annually, according to an estimate from the Legislative Fiscal Office. Marsh, who has been a vocal proponent of school choice options during his time in the Alabama Legislature, said the state’s constantly lagging test scores show a drastic change is needed. “We all acknowledge we’ve got a problem. If you look at our test scores, ACT scores, we’ve got to do something. I think my bill is a good approach at giving parents more decision in their children’s education,” Marsh said. Marsh said the public system “controls all of education in the state, and ”this is a first attempt to give parents more choice.” The Senate Education Policy Committee approved the bill earlier this month, but it drew heavy criticism from some education groups over the diversion of money from public schools. “The Parent’s Choice Bill is nothing but a shell game of a voucher program to divert funding from our community schools. Alabama’s students and educators cannot afford to take almost a half a billion-dollar hit from public education,” the Alabama Education Association, which represents public school teachers and employees, said in a statement about the bill. Study groups in the past have become graveyards for contentious proposals, and Marsh said he is concerned about that. “I’ve got commitments that this is not just trying to bury the bill,” Marsh said. Under Marsh’s bill, the program would initially be limited to low-income families but would be available to everyone in the 2024-2025 school year. South Carolina lawmakers are looking at a smaller school choice proposal for low-income and military families. Alabama Senate President Pro Tem Greg Reed said Thursday that the “negotiations are moving forward.” “Obviously, the bill has got a lot of controversy. Those that are very much for it, are passionate about it,” Reed said, adding that there is equal passion among people who oppose it. Republished with the permission of the Associated Press.
Negotiations, disagreements on use of state virus funds
Alabama lawmakers, attempting to decide how to spend more than $500 million in pandemic relief funds, on Thursday generally agreed on funding broadband and water and sewer projects but disagreed about whether to steer some money to state parks. Lawmakers anticipate meeting as soon as next week in a special session called by Gov. Kay Ivey to discuss how to use the remaining $580 million from the state’s first installment from the American Rescue Plan. “You can imagine with this kind of money everybody’s at the trough,” said Sen. Del Marsh, a Republican from Anniston. Marsh said he expects the special session to happen next week, while other lawmakers only said it was a possibility. Senate President Pro Tem Greg Reed said there have been requests “on a plethora of different topics” for using the remaining $580 million. “We’re trying to make sure that we isolate on those things that have the biggest investment benefit for the future,” said Reed, a Republican from Jasper. The massive $1.9 trillion American Rescue Plan provided aid for state, local and tribal governments to help shore up their finances, pay the ongoing costs of fighting the coronavirus pandemic and invest in longer-term projects to strengthen communities. Alabama received the first half of its $2.12 billion allotment in June. The state has $580 million remaining after steering $80 million to hospitals and nursing homes and $400 million to a controversial prison construction plan. Republicans and Democrats have expressed general support for using the money for broadband, water, and sewer infrastructure and relief to health care providers, although the specifics of the plans remain under discussion. But using the money for state parks emerged as a subject of contention on Thursday. House Speaker Mac McCutcheon and other legislative leaders said one of the ideas under discussion is using a portion of the money for improvements at state parks and historic sites. Assistant House Minority Leader Merika Coleman said House Democrats had some concerns about that proposal. “What we don’t want to happen with this money is for people to use it as an opportunity for pet projects because it is an election year. The money should go to the entities that need it the most, that have been on the frontlines of this pandemic for the past two years,” said Coleman, a Democrat from Pleasant Grove. Senate Minority Leader Bobby Singleton said he thought money for parks could wait until the next round of funding when the state receives its second $1 billion allocation. “We need to deal with the pandemic,” said Singleton, a Democrat from Greensboro. “I would love to see more things that are more sustainable with this pandemic and being able to help people.” When asked about the idea, some members noted the importance of state parks to local tourism. Sen. Tim Melson, a Republican from Florence, said Joe Wheeler Park hasn’t been repaired after being struck by a tornado. “It needs to be done so we can get it back to functionality, and we can get tourism back in there,” Melson said. Lawmakers in New Mexico earmarked $14.5 million of that state’s money for state parks and historic sites. Sen. Greg Albritton, who chairs the Senate General Fund budget committee, said regarding the question of how to spend the relief money, “most everything you can dream of has been thought of and looked at.” “We’re deep into it. I thought we were past the yelling stage, but I’m not sure we completely are yet,” Albritton, a Republican from Atmore, said when asked about negotiations. Lawmakers expect to allocate the $580 million this session and leave decisions on the second $1 billion installment until the state receives it. Republished with the permission of the Associated Press.
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.
Justin Bogie: Tax cuts seem to be everywhere – except in Alabama’s future
Kansas, one of a handful of states alongside Alabama that still fully taxes the sale of food, recently announced a bipartisan plan to “Axe the Food Tax.” Just before Thanksgiving, North Carolina Gov. Roy Cooper signed a budget into law that will make sweeping changes to the state’s tax code, fully repealing the corporate income tax by the end of the decade and cutting the personal income tax rate by 1.26% over the next five years. And the tax cuts that North Carolina just enacted and that Kansas is proposing are not outliers. According to the Tax Foundation, North Carolina became the 12th state to enact personal or corporate income tax rate cuts in 2021. So, what did Gov. Kay Ivey and the Alabama Legislature do in 2021, and what could be on the horizon? Despite taking more revenue from citizens than ever before, there was no meaningful effort to reduce taxes this year. Instead, the 2021 Regular Legislative Session was consumed by a failed effort to legalize, and of course, heavily tax casino-style gaming in Alabama. Lawmakers also found time to legalize the use and sale of medicinal marijuana in Alabama, which could mean financial windfalls for state government and the chosen few businesses allowed to grow, process, and distribute marijuana in Alabama. Given the progress made by other states and Alabama’s failure to pass any meaningful tax reforms this year, surely they are coming in 2022, right? If tax cuts are in the cards, our elected state leaders are not talking about them. Most lawmakers seem focused on how to spend money that has already been taxed from citizens or find ways to take even more. Just this week, State Sen. Greg Albritton, chairman of the Senate general fund budget committee, said that he expects gaming legislation to be a hot topic when the legislature reconvenes on January 11. According to a report from Yellowhammer News, Albritton said that he was hopeful gaming legislation would pass in the upcoming session. And while he said getting control of existing gaming in the state was a driving factor, money may be the biggest motivation. Albritton said, “We’ve got to have some taxing on it. We’ve got to have some benefits on it.” It was estimated that the 2021 gaming legislation would have brought in $260 million to $393 million annually, just from a new tax on gaming revenue. Much of that revenue would have, of course, come out of the pockets of Alabamians. What are other priorities? Sens. Del Marsh and Bobby Singleton have bonuses for retired state workers and teachers on their minds. Marsh’s pre-filed bill would give a minimum bonus of $300 to retirees. Senate education budget chairman Arthur Orr has indicated support not only for retiree bonuses but another pay raise for the state’s teachers. If those priorities pass, Orr has said that it might be the right time to look at limited tax breaks for retirement age and lower-income Alabamians. But surely Gov. Kay Ivey is talking about taking less money from the people of Alabama? Not exactly. On Monday, Ivey announced a state-sponsored plan to expand electric vehicle use in Alabama. Interestingly, when asked if she would move to an electric vehicle, Ivey said her car is “still in good shape,” but she might consider a change in the future. Perhaps Ivey is like many other Alabamians who don’t know much about or have little interest in driving an electric vehicle. According to the Alabama Department of Revenue, nearly five million passenger vehicles were registered in 2020. Less than 3,000 of those vehicles were electric. Are these really the major priorities for Alabama citizens? If the recent gubernatorial election in Virginia is any indication, no. After a 12-year drought in statewide elections for Virginia Republicans, Glenn Youngkin was able to win because he focused on conservative principles such as school choice and lowering taxes. Exit polling conducted by Cygnal found the driving issues for Youngkin voters were education, taxes, the economy, and public safety, among others. Electric vehicles and expanded gambling appeared nowhere on the list. Few would argue that Alabama is a conservative state. Yet, the current tax and spend priorities of state lawmakers do not reflect conservative principles. If the governor and Republican supermajority legislature want to get back to those roots, they need only look to other states for inspiration. Justin Bogie is the Senior Director of Fiscal Policy for the Alabama Policy Institute.
Winners and Losers of the 2021 session
Every session wraps up with winners and losers. This year, there’s no doubt that the people of Alabama were the biggest loser, but there were some stand-out wins and losses too. Overall I was incredibly disappointed in this legislative session, mainly for the opportunities lost. On the other hand, there were some notable successes that need to be acknowledged. Winners #1: Senator Tim Melson & Representative Mike Ball “Pleasantly surprised!” There’s no other way to describe the feeling when the bill sponsors of the medical marijuana bill got it passed and signed by Governor Kay Ivey. After all the hours of irrational ranting and raving and mindless huffing and puffing (no pun intended) by those acting like allowing a small number of patients to have access to a limited amount of medicinal marijuana was going to lead to the fall of civilization, I was worried. The good guys won out, though. The very real, heartwarming stories of those who would benefit overcame the idea that the Pot Man has been sitting at home longingly considering getting high but just waiting for it to be available in a non-smokable, non-vape, non-flavored medicinal way. Winner #2: The anti-gaming coalition I debated putting the Porch Creek Indians on the losing list, but truly I think the bigger point is that this was a big win against big spending and a bad bill. It’s hard to pinpoint exactly who stopped the gaming bill. It was quite a group effort. If a finger has to be pointed, I’d join Senator Del Marsh in his assessment to say Speaker Mac McCutcheon can take credit for killing the bill with a shout-out to Rules Chairman Mike Jones for the assist. Of course, the Donald Trump Jr. tweet didn’t hurt either; kudos to whoever got that done. House leadership was certainly as responsible as all the other gaming interests in the state, the religious/moral opponents (API, Eagle Forum & others), and the democrats all combined in killing the bill. While the democrats thought they’d negotiate their way into a jackpot of their own with a wishlist a mile long to come on board in the end, it was the fact the speaker left the bill off the agenda so long that ended up being the favor to those who wanted to see the current proposal dead. His actual reasons and efforts (or lack of efforts) are still a mystery, with hemming and hawing about not having the votes but not bringing anything to the floor and not taking it up while a day was wasted on vaccine passports is curious. Winner #3: Wes Allen Wes Allen has always been a strong and influential member. Using his time as a probate court judge to help his perspective as a house member has served him well, but with his ban on curbside voting passing just after he announced he was running for Secretary of State, he’s looking like he’s going to be the man to beat for that open seat. Beyond the election bill Allen also passed HB 460 the Farm and Forest Products Tag Bill. AFLA describes that bill as a legislative victory. They summarized it saying, “The bill would lift limits on the purchase of F4 farm tags for larger trucks. It also would allow log trucks to purchase L tags and be exempt from the International Registration Plan. Currently, forest product haulers over 42,000 pounds must carry a commercial license plate. Existing rules put Alabama farmers and loggers at a competitive disadvantage with their counterparts in neighboring states.” Allen covering his basics with a lot of his priorities over the year showing his conservative and business friendly bona fides. Winner #4: Female athletes In what should be considered a win for common sense, feminists, and girls/women everywhere, the legislature secured in statute the current guidelines being used by the Alabama High School Athletic Association (Bylaws: Section 6, Page 48). The irony of this is media outlet after media out, and activists decried the protection as unnecessary because it would affect very few people while in the same breath saying that a ban on puberty blockers and hormone treatments (aimed to protect those this would potentially impact) would affect hundreds if not a thousand school-age kids. Which is it? This bill isn’t about hate or bigotry; it’s about fairness. Here’s a column I wrote explaining my perspective when Representative Chris Pringle first introduced the bill. Winner #5: Teachers & Students During the legislative session this year, teachers were a big winner, with multiple bills adding to their salaries, enhancing their retirement, and supporting schools in a post-pandemic world. Among the non-traditional incentives are efforts to expand broadband services. Students were also winners when Ivey vetoed SB 94, the shameful efforts to delay the literacy promotion requirement. The so-called conservatives who voted for this bill need to be asked tough questions about their vote when reelection comes up. Winner # 6: Wine and spirit drinkers Two bills passed this year that gets the government out of the way of legislating morality or even convenience for wine and alcohol drinkers. The first bill allows Alabama residents to receive wine shipments from Wine Producers. The second allows delivery services such as Shipt to deliver alcohol. Losers #1: Jokes on us, the voters; we are the biggest losers. Legislators failed us in too many ways to list and count. Look, don’t get me wrong, my feeling is if you can’t do something right, don’t do it at all. So I’d rather have no gaming/lottery bill than a bad one, but the negotiating was done without a healthy public debate on the nuances of a significant bill and hardly a public peep into what the Democrat’s last minute pot sweeteners were. There has never been a year so ripe for discussion about school choice, which is why over two dozen states sought to expand their school choice opportunities this year. Imagine my surprise that Alabama didn’t
Bill would let students enroll in schools outside districts
A legislative committee on Tuesday advanced a proposal that could allow parents to enroll their children in any school district in the state. The Senate Education Committee voted 7-3 to approve the bill by Sen. Del Marsh, which would require public K-12 school districts to establish an application process to enroll students from outside the attendance area. Families would have to pay a tuition equal to local per-student tax support for public schools. Marsh, one of the Alabama Legislature’s most vocal proponents of expanding school choice options, described the bill as a step toward expanding education options for families and improving the state’s low education rankings. “We’ve got to do something,” Marsh, R-Anniston, told the committee. “We’ve got to look at the state as a whole cause we will have a price to pay if we don’t fix this problem.” Sen. Vivian Davis Figures, D-Mobile, said some parents will not be able to afford the transfer and said all schools could improve with assistance and resources. “I know that it can be done but the resources are not being put in place to make it so … All of our children deserve to have a quality education of excellence,” Figures said. The proposal drew concerns from some groups, including Shannon Cauley, president of the Alabama Association of School Boards. Cauley said she was concerned the bill could allow districts to refuse to enroll special education students. The bill now moves to the Alabama Senate. Republished with the permission of the Associated Press.
Justin Bogie: Halfway through the legislative session, what have lawmakers done?
Last Thursday marked the 16th workday of the 2021 Regular Legislative Session. With lawmakers over halfway through the regular session, they are pausing this week for Spring Break. Thus far, the legislature’s focus has been on raising revenues and expanding state government. This is the wrong direction. In the last 14 days of the regular session, lawmakers should focus on how they can take less from the people of Alabama and instead use existing funds to support the families and small business owners of this state. On the fiscal front, the first half of the session was active. Both the Education Trust Fund and State General Fund budgets passed through one chamber of the legislature. Senator Del Marsh brought a combined gambling and lottery bill to the Senate floor that would have potentially increased annual tax revenues to the state by hundreds of millions of dollars. There has also been a push to legalize medicinal marijuana which, if approved, would bring additional fees and taxes to the state. As the legislature did its work, Washington passed another massive economic relief package, the American Rescue Plan Act, which will send billions more dollars flooding into Alabama’s state and local coffers. The second half of the session could be dominated by who should control the state’s share of that money and how to spend it. Despite the ongoing pandemic, Alabama has seen more revenue and federal dollars flowing into the state than ever over the past 12 months. State online sales tax receipts jumped by $183 million last year. The first phase of the state gas tax hike brought in $153.5 million in new revenue in its first year. And because of a flaw in Alabama’s tax code, state corporate income tax receipts have jumped despite lower federal rates. But what are lawmakers doing with all this new tax revenue? In the first half of the session, the legislature proposed the two largest budgets in state history, calling for $536 million in combined new spending in FY 2022. Included in both budgets is a 2% across the board pay raise for state employees and all educational workers, which would permanently increase the state’s obligations by more than $100 million annually. The influx of money begs the question of why state agencies need more money, particularly considering all the federal stimulus funds rolling into the state? Alabama state government received $1.8 billion through the federal Coronavirus Relief and Economic Security Act of 2020. The American Rescue Plan Act, passed earlier this month, will provide an additional $2.1 billion directly to state government while county and local governments will receive an additional $1.9 billion from the federal government. While these funds will go mainly towards General Fund agencies, education has not been left out by Congress. Three separate acts in 2020 provided $1.7 billion for the state’s K-12 and higher education programs. On top of that money, the state will reportedly receive an additional $2 billion for education through the latest relief act. Neither state government nor local governments need more money. The Mobile County Public School System is so flush with money that its Superintendent has recommended a $1,200 bonus for all employees. This move was announced the same day that federal stimulus payments were deposited in the accounts of many Alabamians and as the legislature debated the 2% education employee pay raise. But as government booms, many Alabamians are being left behind. With the state taking in more than ever, it is past time that lawmakers level the playing field and return some of the money that it is taking away from citizens. There are a number of ways that the governor and legislature could work to do this. A no-brainer is eliminating the state’s sales tax on groceries. Alabama is one of only three states that still fully tax grocery sales. It is a regressive tax that hits the state’s poorest citizens the hardest. Another form of relief could come through lower corporate income tax rates. Alabama’s current rate is higher than many of our neighboring states, making Alabama less competitive. Because of Alabama’s rolling conformity with the federal tax code, the state saw an unintended corporate tax revenue windfall of more than $100 million since the passage of the federal Tax Cuts and Jobs Act of 2017. With corporations now paying less federal taxes, they have less to deduct from their Alabama returns. To make Alabama more competitive and attractive to businesses, the state should decrease the corporate tax rate and untie itself from changes in federal law so that businesses don’t face inadvertent tax hikes. With 14 legislative days remaining in the 2021 regular session, there’s still time for lawmakers to provide much-needed relief to the citizens of Alabama. Increased revenues and federal funding have given the legislature the fiscal flexibility to return dollars to the people. It is up to them to choose to do so. Justin Bogie serves as the Alabama Policy Institute’s Senior Director of Fiscal Policy. API is an independent, nonpartisan, nonprofit research and educational organization dedicated to free markets, limited government, and strong families, learn more at alabamapolicy.org.
Committee advances lottery bill, keeps casino issue alive
An Alabama Senate committee on Wednesday advanced a lottery bill as lawmakers try to get the issue of gambling, — with or without casinos — before state voters for the first time since 1999. The Senate Tourism and Marketing Committee approved a lottery proposal sponsored by Republican Sen. Jim McClendon of Springville. However, Tourism Committee Chairman Del Marsh described the bill as a vehicle for negotiations and said lawmakers might revive the issue of casinos along with the lottery debate. The committee also approved other legislation that would set up a gaming commission to regulate casinos. “You have members who want to see a more comprehensive gaming package and those who do prefer a simple lottery. All we did today was keep both alive,” Marsh said. The committee action comes a week after Marsh’s proposal to authorize a state lottery and up to 10 casinos in the state failed by two votes in the Alabama Senate. McClendon’s bill would authorize a lottery where tickets could be sold at stores, kiosks and through a phone app. “My goal is to allow Alabamians to play whatever games they are traveling out of state to play,” McClendon said. “The people will have the opportunity to vote on and see if they would like a plain and simple lottery. It doesn’t address slot machines. It doesn’t address church bingo,” he said of his bill. The Tourism Committee delayed action on a bill by Sen. Garlan Gudger, a Republican from Cullman, that would authorize a lottery, although instant games would be limited to paper lottery tickets and could not be sold electronically. Any gambling proposal would have to be approved by three-fifths of lawmakers and a majority of state voters. Alabama voters in 1999 rejected then-Gov. Don Siegelman’s proposed state lottery, but lawmakers in both parties say they believe voters are now more welcoming to the idea. Alabama is one of five states without a state lottery. Marsh said he believes there is a mandate from voters to address the issue of gambling. “The people of Alabama want to vote on something dealing with gaming, whether it is a straight lottery, whether it’s a comprehensive package,” Marsh said. Alabama lawmakers will take a weeklong spring break next week. Marsh said lawmakers can take time to study the proposals and talk with constituents. Lottery bills have become entangled with the larger issue of gambling because of concerns over what the required changes to state law would mean for operators of electronic bingo machines, which can resemble slot machines. “At the end of the day, it’s more complicated than just a simple lottery,” House Speaker Mac McCutcheon said last week. Republished with the permission of the Associated Press.
Steve Flowers: Gambling and budgets priority for legislature
The legislature is at the midway point of the 2021 Regular Legislative Session. They have used 15 days of their allotted 30-day legislative session. The Senate has been consumed with attempting to pass a constitutional amendment to allow Alabamians the right to vote on whether to have a state lottery along with some casino and sports betting. The legislature in and of itself cannot authorize this expansion of gambling in the state. Their only authority is to vote to place it on the ballot in order to give you the opportunity to allow the state to reap the financial windfall now only afforded the Indian Gambling Syndicate. There was a critical vote in the state Senate last week on the issue. With it being a constitutional amendment, it required 21 votes. The vote was 19 to 13 in favor, but it lacked the constitutional muster by two votes. Therefore, the measure could be resurrected. However, if it is this close in the Senate, it probably does not have the votes for passage in the House of Representatives. Polls indicate that it would be approved by a vote of the people, probably with a 70 to 30 plurality, and with a majority of Republicans voting in favor. If it is that popular with the people, you probably are asking why in the world would Senators not vote to allow you to vote on it. The devil is in the details. The majority of the casinos would go to the Creek Indian Gambling Syndicate. Some of the 24 Republican Senators balked at that almost total monopoly. Senator Del Marsh was not the right sponsor or frontman for the constitutional amendment. He is not totally trusted, especially by the 10 Democrats he has consistently run over and ignored for years while he was President Pro Tem of the Senate. Marsh is also perceived as a pawn of the Indian Gambling Syndicate. He is no longer Pro Tem, so nobody is scared of him. A setting sun sets off very little heat. He is not running for reelection for his Anniston-based district because he could not be reelected. In his last race in 2018, he spent close to $480,000 to his unknown opponent’s $15,000 and only garnered 52% of the vote. That does not portend well for reelection. Governor Kay Ivey needs to come out openly and strongly for the measure and make it her issue and her legacy. It may need to be done in a Special Session later this year. Even then, it will be a tough sell to get through the Senate and then the House. Alabama is the Heart of the Bible Belt. If Alabama is the Bible Belt, then the area of Alabama, north of Birmingham and all the way to the Tennessee line, is the buckle. There are not any casinos in North Alabama, only churches, and most of the churchgoers are Church of Christ or Baptist. They did not allow the sale of alcohol in most of these counties until a few years ago. Every state senator in that area is a Republican, and all of them voted no, including Garlan Gudger of Cullman, Sam Givhan of Huntsville, Tom Butler of Huntsville, Larry Stutts of Florence, and Clay Scofield of Sand Mountain. You can probably bet your bottom dollar that the preachers encouraged their parishioners to contact their senators on Sunday before the vote last Tuesday. You may see the legislature address a simple lottery. It may not be a glamorous event in the legislative process, however, the beginning of the most important and imperative accomplishment occurred last week when the General Fund Budget passed the Alabama House of Representatives. The House approved a $2.4 billion dollar budget shepherded by the Ways and Means Chairman Steve Clouse (R-Ozark). The budget includes a 2% raise for state employees. This raise would amount to an $867 per year raise for a state worker making the median salary of $43,346. The budget includes an increase in funding for the Bureau of Pardons and Paroles. Other agencies seeing increases in the budget are the Department of Mental Health at 6.7%, the Alabama Law Enforcement Agency will see a 7.9% increase, mostly for upgrading the state’s driver license system. Overall, the budget is 3.3% higher than last year’s, which is amazing after a year of COVID-19. It now moves on to the Senate, which more than likely will concur with few changes. Steve Flowers is Alabama’s leading political columnist. His column appears in more than 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Alabama Senate narrowly rejects lottery, casino bill
The Alabama Senate on Tuesday narrowly rejected a proposal to start a lottery and allow up to 10 casinos, ending the latest push to get the issue of gambling before voters for the first time since 1999. The proposal by Republican Sen. Del Marsh fell two votes short of the 21 needed to get the proposed constitutional amendment through the 35-member Alabama Senate. Senators voted 19-13 for the proposal to authorize a state lottery, seven casino locations, as well as a compact with the Poarch Band of Creek Indians for casino games at their three sites. “I’m not convinced this issue is a dead issue. I think it’s one we’ll have to address sooner or later,” Marsh, R-Anniston, said after his bill’s defeat. Alabama voters in 1999 voted down then-Gov. Don Siegelman’s proposed state lottery. Marsh said polling shows that Alabamians want to vote on the idea again. “It was the people who were going to make this decision … I’m just really a bit surprised that we didn’t let them do it,” Marsh said. Alabama Gov. Kay Ivey, who had supported getting the issue before voters, said she is willing to continue working on the issue if lawmakers do. “Today’s vote by the Alabama Senate confirms more work must be done because this issue is too important to not get it right. No doubt gambling is complex and challenging, but I remain committed to giving the people of Alabama the final say,” Ivey said in a statement. Over the past two decades, gambling legislation in Alabama has failed under a fatal mix of conservative opposition to gambling and a turf war over which entities could have electronic gambling machines or casino games. At least one senator is trying to resurrect a lottery debate this session Republican Sen. Jim McClendon, who voted for Marsh’s plan, introduced a lottery bill moments after the defeat of Marsh’s legislation on Tuesday. Alabama is one of five states without a state lottery. “People in my district want a dadgum lottery,” McClendon said. He said he expected the bill to be in committee in about a week. Previous lottery bills have failed after getting engulfed in the larger issue of gambling, and Marsh said that’s why he believes it will take a comprehensive bill to win approval. In the days and weeks before the debate, Marsh had expressed confidence that he had the 21 votes needed. However, he said he saw support chip away. He said one senator faced “peer pressure” to oppose gambling as a revenue source. The 13 no votes were all from Republicans. Some Republicans had expressed discomfort with the idea of allowing casinos in the state. “Lottery, I hear that a lot. I hear that a lot that people want to vote on a lottery yesterday. I’m receiving a tremendous amount of emails and phone calls opposed to casinos,” Senate Majority Leader Clay Scofield, R-Guntersville, said last week. Scofield voted against the bill. Marsh’s original bill proposed establishing a state lottery and five casinos — one at four existing dog tracks plus a fifth site in north Alabama that would be run by the Poarch Band of Creek Indians. It also authorized a compact with the Poarch Band for casino games at their three existing sites that currently have electronic bingo machines. Lawmakers on Tuesday added two additional sites to the bill after sites in Lowndes and Houston counties asked to be included. Marsh put Houston County in his substitute bill and an amendment was approved to include Lowndes. Marsh proposed to use lottery revenue for college scholarships and other education needs. Casino revenue would be used to help expand broadband access in the state as well as to fund rural health services. The Legislative Services Agency estimated the lottery would generate $194-$279 million annually for college scholarships awarded on a mix of need, merit, and workforce needs in the state. The agency estimated the casinos would generate $260-$393 million annually from the 20% tax on gaming revenues. Republished with the permission of the Associated Press.
Lottery, casino bill heads to Alabama Senate vote
The Alabama Senate will debate a gambling bill soon, the bill’s sponsor said Monday, signaling the first major test of the proposal to begin a lottery and allow as many as eight casinos statewide. Republican Sen. Del Marsh of Anniston said Monday that he expects his bill will come to the Senate floor Tuesday. The proposal, which would have to be put before Alabama voters if approved by lawmakers, would authorize a state lottery, five casinos locations and a compact with the Poarch Band of Creek Indians for casino games at their three sites. Marsh stressed, however, that many final details were still under negotiation. “One way or the other, a bill is coming out tomorrow and we are going to vote. That’s where I am,” Marsh said, expecting debate to begin as early as Tuesday. “I’ve been optimistic since day one. I just think the mood is there to get something for the people to vote on,” Marsh said. Senate Rules Chairman Jabo Waggoner, R-Vestavia Hills, was less certain the bill would get a vote Tuesday, saying it was a bit “up in the air” with last-minute negotiations and Marsh’s discussions with House members and others. “Some of the senators don’t want to cast that vote knowing it is just going to die in the House,” Waggoner said. Waggoner said he supported the idea of a lottery, but wanted to see the “final product” as far as the casino proposal. The most recent version of the bill proposes establishing a state lottery and five casinos — one at four existing dog tracks plus a fifth site in north Alabama that would be run by the Poarch Band of Creek Indians. It also would authorize a compact with the Poarch Band for casino games at their three existing sites that currently have electronic bingo machines. Other smaller operators, including sites in Lowndes and Houston counties, have asked to be included. Marsh said that, for now, the bill is limited to the five sites. Marsh said governor Kay Ivey was “very clear” that she didn’t want a large number of casinos in the state. Asked if the governor wants to limit the number of sites to five, a spokeswoman said, “Governor Ivey wants to be able to support the final gaming proposal from the Legislature” and “has expressed this to Senator Marsh and others, and we still have some work to be done.” “Ultimately, we must be able to control and regulate gambling if it is going to be legal in Alabama, and the intention is certainly not to have a casino on every corner. The governor supports the people of Alabama having the final say,” Ivey spokeswoman Gina Maiola said in a text message. Republished with the permission of the Associated Press.
Lottery, casino vote ahead in Alabama Legislature
Alabama lawmakers are headed to a vote on a lottery and casino bill next week, the bill sponsor said Thursday, even though last-minute negotiations are continuing over the number of casinos and other details. Republican Sen. Del Marsh of Anniston said he expects his bill will come to the Senate floor Tuesday in what will be the first major test of the proposal to start a lottery and have as many as 10 casinos in the state. If approved by both chambers of the Alabama Legislature, the measure will go before voters for final approval. Alabamians voted down the idea of a state lottery in 1999. Marsh argued it is time to put the idea in front of voters again, and he believes they will approve it. “The polling shows even among Republicans, the vast majority are ready to vote on this,” Marsh said, adding that he thinks that they will vote to approve it. “There’s no doubt that the lottery is more popular. But the gaming is actually more popular than I expected in the polling,” Marsh said. Many of the details of the bill were undecided as of Thursday. The current bill proposes establishing a state lottery and five casinos — one at four existing dog tracks plus a fifth site in north Alabama that would be run by the Poarch Band of Creek Indians. It also urges the governor to negotiate with the Poarch Band for a compact involving their three existing sites that currently have electronic bingo machines. Other smaller operators, including sites in Lowndes and Houston counties, have asked to be included. Marsh said one idea is to increase the five sites to seven based on Alabama’s congressional districts, and have would-be casino operators apply for the license in those two districts. Marsh contended he has the 21 votes needed to pass the bill in the 35-member Alabama Senate. “I have the votes, whether it’s a five (casino) plan or a seven plan,” Marsh said of the Senate vote. But he said the additional work should boost its chances in the House of Representatives, a body that has traditionally been more skeptical of gambling legislation. Senate Majority Leader Clay Scofield, R-Guntersville, said the people in his district seem to support a lottery, but not casinos. “Lottery, I hear that a lot. I hear that a lot that people want to vote on a lottery yesterday. I’m receiving a tremendous amount of emails and phone calls opposed to casinos,” Scofield said, adding that other senators are not receiving that feedback. Republished with the permission of the Associated Press.
