Five Democrats have qualified for Second Congressional District

Five Democrats have qualified to run for Congress in the Second Congressional District. The list of qualified candidates includes James Averhart, State Rep. Napoleon Bracy, State Rep. Jeremy Gray, Phyllis Harvey-Hall, and Willie J. Lenard. James Averhart is a retired U.S. Marine, who ran previously in CD1 against Jerry Carl in 2020. He lives in Mobile. “The American citizenry deserves and expects more of its leadership,” Averhart said. “We should no longer settle for those who continue to promulgate untruths and spew divisive rhetoric. We deserve leadership who will extol the truth and hold in high regard a united nation.” Napoleon Bracy is a long-time State Representative representing Prichard – one of the poorest major cities in Alabama. Bracy works for Austal USA. “We are taking this thing to Congress,” Bracy said. “This district is made up of so many cities, communities, and neighborhoods just like the one I grew up in—places hurting with high poverty and crime rates, unemployment that just doesn’t have a lot of opportunities, some of it is because they’ve been overlooked. This gives us an opportunity to finally have a seat at the table and get the things we deserve.” Jeremy Gray represents Lee and Russell Counties in the Alabama House of Representatives. “It’s time for a new generation of leadership to bend the arc of justice,” Gray said. “Because the American Dream should be a promise, not a privilege.” “For too many in Alabama, working hard simply isn’t enough to keep food on the table and a roof over our heads,” Gray said. “Our community needs leadership so that we have opportunities not just to get by but to thrive. “For too many in Alabama, working hard simply isn’t enough to keep food on the table and a roof over our heads. Our community needs leadership so that we have opportunities not just to get by but to thrive. That’s why I’m excited to announce that I’m running for Congress – to give voice to these challenges in Washington and to find solutions that will improve the lives of everyone in our community.” “Growing up in Opelika, I was raised in a small house by a single mother and my grandma,” Gray continued. “We lived paycheck to paycheck. But in my Grandma’s house, we made space for everyone. On the football field, I learned the value of teamwork. In the Alabama State House, I fought for the most vulnerable among us.” Gray is the House Minority Whip. Phyllis Harvey-Hall ran for the Second Congressional District in 2022 and 2020, losing both times to Barry Moore (R). Hall is a career educator with both bachelor’s and advanced degrees, “It’s time that Alabama’s 2nd district has a leader that will represent them and bring communities together,” said Harvey-Hall on Facebook. “It’s time for Alabama to have a leader that will fight for everyone to have a better quality of life.” Willie J. Lenard is much less known at this point. He has qualified but has not yet released a statement or started a campaign website. We will have more details in the coming days. State Sens. Kirk Hatcher and Merika Coleman have talked about running but, to this point, have not qualified with the Alabama Democratic Party. Friday is the last day to qualify with either major party. The primary is on March 5. The eventual winner of the Democratic party nomination will face the Republican nominee a year from now in the November election. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.

Caroleene Dobson qualifies for Congress in Congressional District 2

On Thursday, Montgomery attorney Caroleene Dobson officially qualified with the Republican Party to run for Alabama’s Second Congressional District. Currently, Dobson is the only qualified candidate for the GOP nomination for the newly redrawn CD2. Dobson grew up on a farm in Beatrice. She has a degree from Harvard and a law degree from Baylor University Law School. She practices real estate law. “As a member of Congress, I will fight for our families, our farms, and our faith and preserve the bedrock values and moral backbone that have made our nation the greatest ever known,” Dobson said. “It is time to give Washington, D.C. a good dose of Alabama common sense and go to battle against those on the far left who want to control how we use our property and what we do, think, and say.” Dobson is a member of the Alabama Forestry Commission, the Southeast Livestock Exposition, and the Birmingham Chapter of the Federalist Society. Dobson has promised to protect property rights and free speech rights if she is elected to Congress. Dobson grew up on a cattle farm and excelled in high school rodeo. She was a National Merit finalist and a U.S. Presidential Scholar. She currently practices with Maynard Nexsen in Birmingham. Dobson and her husband, Bobby, have two daughters. State Representative Jeremy Gray (D-Opelika) and Willie Lenard have both qualified to run as Democrats for the seat. Sen. Kirk Hatcher (D-Montgomery), Rep. Napoleon Bracy (D-Prichard), and Jefferson County Commissioner Sheila Tyson have announced that they are running but have not qualified to run yet. Congressman Barry Moore (R-Enterprise) currently represents District 2, but the court-appointed special master drew Moore and his home County (Coffee) out of the Second District and into the First. He is seeking a third term in his new home district against incumbent Congressman Jerry Carl (R-Mobile). The new District 2 spans the state from the Mississippi line to the Georgia line and includes Mobile, Montgomery, Greenville, Troy, Union Springs, Eufaula, and Phenix City, Qualifying for the Republican and Democratic candidates ends on November 10. The major party primaries are on March 5. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.

Rep. Jeremy Gray enters Alabama’s 2nd Congressional District race

Jemma Stephenson, Alabama Reflector Rep. Jeremy Gray, D-Opelika, jumped into the 2nd Congressional District race on Thursday, becoming the third Democratic member of the Legislature to enter the contest.  Gray, first elected to the Alabama House of Representatives in 2018, cited issues including reliable housing, childcare, and women’s rights in an announcement on Facebook. “It’s time for a new generation of leadership to bend the arc of justice,” the statement said. “Because the American Dream should be a promise, not a privilege.”  In a video accompanying donation requests, Gray also cited his legislation that allowed yoga exercises to be performed in Alabama schools, ending a nearly three-decade-long ban.  Gray, a business owner and personal trainer, played college football for North Carolina State University and later played in the Canadian Football League and Arena Football League. A federal court last month approved new congressional maps for the state. The map created a new 2nd Congressional District with a Black Voting Age Population of 48.7%. Due to the racial polarization of Alabama’s voting patterns – where white Alabamians tend to vote Republican and Black Alabamians tend to vote Democratic – the district is seen as a potential pick-up for Democrats.  Sen. Kirk Hatcher, D-Montgomery, and Rep. Napoleon Bracy, D-Prichard, have also said they will run for the seat. Democrats Terrell Anderson, Phyllis Harvey-Hall, and Austin Vigue are also running for the seat. Attorney Caroleene Dobson is running on the Republican side. House Minority Leader Anthony Daniels, D-Huntsville, and Sen. Merika Coleman, D-Birmingham, have also said they may enter the race. Former Sen. Dick Brewbaker of Pike Road, a Republican, is also considering a run.  The 2nd Congressional District includes Montgomery and the southern Black Belt. Alabama Reflector is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Follow Alabama Reflector on Facebook and Twitter.

Napoleon Bracy, Kirk Hatcher enter Democratic race for 2nd congressional district

by Jemma Stephenson, Alabama Reflector Two Democratic state legislators have entered the race for Alabama’s new 2nd Congressional District, and a third said Monday he will decide whether to get in in the next 10 days.  Sen. Kirk Hatcher, D-Montgomery, said in an interview Monday that he will run for the seat. The district stretches from the Mississippi border to the Georgia line and includes Montgomery and much of the Black Belt. “We have an opportunity in this district, for these counties represented, to impact a whole host of issues,” said Hatcher. Rep. Napoleon Bracy, D-Prichard, said in a statement Monday he would also run for the new seat.  “This is our time, our time to have a seat at the table built on the backs of those who, my entire lifetime, had been disregarded by their Congressional representatives due to their voting record or area code,” the statement said.  House Minority Leader Anthony Daniels, D-Huntsville, said in a phone interview Monday he would make a decision about the race before Nov. 9.  The new 2nd Congressional District, created by a federal court order at the beginning of October, has a Black Voting Age Population (BVAP) of about 48.7%. With patterns of racial polarization in voting in Alabama, where white Alabamians tend to support Republicans and Black Alabamians tend to support Democrats, the seat is considered a pick-up opportunity for Democrats.  U.S. Rep. Terri Sewell, D-Birmingham, is currently the only Democrat in Alabama’s seven-member U.S. House delegation.  Hatcher, the director of Project Head Start in Montgomery, said he wanted to be an advocate for additional educational resources and for the military bases within the district. Hatcher also said he wants to get more “equity” when it comes to infrastructure issues. “I’m one of those individuals who’s not going in to upset the apple cart,” he said. “I go in to see what works.” Hatcher was elected to the Alabama House in 2018. He won election to the Alabama Senate in 2021 and was re-elected in 2021.  Alabama Political Reporter first reported Hatcher’s candidacy. Hatcher said Monday he had the support of Montgomery Mayor Steven Reed, who had been seen as a top candidate for the race. Reed told Al.com’s Mike Cason earlier this month that he was considering a run.  Adam Muhlendorf, a spokesman for Reed, said Monday the mayor had no comment on his congressional plans.  Bracy, a member of the Alabama House since 2010, touted his legislative leadership, including his prior service as chair of the Alabama Legislative Black Caucus in 2013.  “At the heart of progress is education, healthcare, economics, and workforce development,” Bracy’s statement said. “And in communities where poverty is still real and economic development is scarce, we have watched the world grow around us while feeling the strain of disinvestment with no one to stand in the gap.” Bracy did not provide further comment beyond the statement. Daniels, who has touted his connections with Bullock County, said he had a track record of delivering programs around the state, including a bill passed in the Republican-controlled Legislature this spring to exempt overtime pay from income tax. He also cited work on behalf of Democratic candidates around the state. “What have you done to make an impact? That’s what voters want to know,” he said. Other figures may jump into the race. Sen. Merika Coleman, D-Pleasant Grove, said Monday that she was still exploring a candidacy, but she had not decided. She has filed with the FEC due to technicalities around her exploratory committee. Former Sen. Dick Brewbaker, R-Pike Road, said Monday he is still considering a run in the district.  U.S. Rep Barry Moore’s chief of staff confirmed to Al.com’s John Sharp that he would be running in the new 1st Congressional District, setting up a primary battle with current U.S. Rep. Jerry Carl, R-Mobile. The new map drew Moore, currently the U.S. representative for the 2nd Congressional District,  into the 1st Congressional District.   Brewbaker said that Moore’s decision “clears the way for me to run in the 2nd.” “But until I qualify, I don’t want to make an official announcement because you never know what God has for a person,” he said. One other candidate confirmed their candidacy Monday.  Phyllis Harvey-Hall said in a phone interview Monday that she is running to be the “people’s candidate” and pointed to her previous runs in the district. Hall’s concerns included women’s healthcare and autonomy, as well as hospitals in rural areas. “So I’m running to be a people’s candidate, the voice and someone that’s going to fight for the things that we need today,” she said. Federal Election Commission filings also show that Harvey-Hall filed on Oct. 18, Terrell Anderson filed in April, and Austin Vigue filed in 2022. The Democratic primary for the seat will take place in March. Editor Brian Lyman contributed to this report. Alabama Reflector is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Alabama Reflector maintains editorial independence.Follow Alabama Reflector on Facebook and Twitter.

Alabama Senate Committee advances mandatory kindergarten bill

On Wednesday, the Alabama Senate Education Policy Committee advanced legislation requiring every Alabama six-year-old to either have completed kindergarten or pass a competency test to enter first grade. Children who fail the test will be forced to attend kindergarten rather than first grade with their peers. House Bill 43 (HB43) is sponsored by State Representative Pebblin Warren (D-Tuskegee), who has carried this legislation for the last few years. “This issue has become a really important issue in the State of Alabama,” Warren said. “It is a tragedy that we would let a child reach third grade without being able to read competently.” This is the fourth year that Warren carried similar legislation. It has not passed the Senate in the past. Governor Kay Ivey endorsed the bill in her State of the State speech. “A child can attend kindergarten or maybe in homeschooling, private schooling, or religious schooling,” Warren explained. “As long as they demonstrate competence, they can enter into first grade.” Sen. Rodger Smitherman (D-Birmingham) asked how much this would cost in the fiscal note. “$8.4 million,” Warren answered. “We are just preparing them to fail,” Smitherman said. “Requiring those little children to pass this without doing any of that is setting up these kids to fail. We know that the resources are not there .” Sen. Jay Hovey (R-Auburn) said, “I would prefer this as an opportunity to identify needs and opportunities to avoid problems later on. I would rather catch it now in kindergarten and first grade than third and fourth grade. Hovey said, “It is easier and less disruptive to fail them then than it would be in third, fourth, or fifth grade.” Smitherman said, “We haven’t provided nothing for them. You think it is alright to flunk them if they are six years old?” “I hope there is a way we can facilitate that tutoring,” Hovey said. “I hope that we can find a way to raise them up.” “How are they going to get where you want them to get without giving them any money or structure?” Smitherman said. “I am hurt that we are even considering this.” Warren said, “This is already being enacted by the state school board.” Sen. Donnie Chesteen (R-Dothan) said, “We have some questions that need to be answered. Rep. Warren.” Chesteen is the Chairman of the Senate Education Policy Committee. Sen. Kirk Hatcher (D-Montgomery) said, “My professional worth is as an educator. I am the Director of Montgomery Head Start. I would almost rather disagree with God than disagree with my mentor Senator Smitherman.” Hatcher said that if a child is six years old and doesn’t know their numbers, colors, or ABCs and can’t write their name, “they are woefully behind.” Hatcher said that if a child cannot read by the third grade, “They drop off rapidly. The numbers are startling.” “Money needs to be put in the kindergarten program,” Hatcher said, “We have got to do something.” Hatcher said that he favored funding an “at-risk program.” “I am on the side of mandating kindergarten,” Hatcher said. The Committee then entertained a motion to give HB43 a favorable report. Smitherman said, “No, with every fiber of our being.” The motion carried, and the Committee voted to advance the legislation to the full Senate. Warren said, “Thank you, and on behalf of the children of Alabama, I say thank you.” Chesteen said, “Rep. Warren, get with Sen. Smitherman before it gets to the floor (of the Senate).” The full Senate could consider HB43 as soon as Thursday. The House previously voted to pass HB43 in a vote of 87 to 12. Thursday will be day 26 of the 2023 Alabama Regular Legislative Session. The Alabama Constitution of 1901 limits the legislature to no more than 30 legislative days in the regular session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.

Greg Reed says bill to reduce grocery tax gaining momentum among GOP state Senators

On Thursday, the Alabama Senate passed the largest education budget in Alabama’s history. Between the $8.9 billion FY2024 education trust fund (ETF) and the $2.8 billion FY2023 supplemental appropriation, the total appropriation shattered every revenue record in state history. The great economy and the newfound wealth are forcing legislators to set priorities and ask hard questions about what they really want to accomplish in the next four years. The problem with money, especially new money, is that everybody has their own ideas about what to do with it. Every school in the state and every university wants more money than they received last year. Ditto with almost every state agency funded in the education budget. The Alabama Department of Education is presenting legislators with a myriad of plans to create or expand programs it claims will improve the dreadful educational performance in the state. The Alabama Department of Commerce has requests for renewed and expanded economic incentives. The Alabama Department of Corrections, which is normally largely funded in the state general fund budget (SGF) rather than the education trust fund (ETF), wants $100 million in education dollars to build education facilities on the sites of their new megaprisons in Elmore and Escambia Counties. There were even calls from Montgomery legislators for $30 million to build a dubious water rafting theme park. Every University or nonprofit group has presented the legislature with their plans to build a new building, center, or program. In her State of the State address, Governor Kay Ivey promised every Alabamian a $400 check in their mailbox. School choice advocates are asking for education dollars to follow the child out of Alabama’s troubled public school system with the PRICE Act. Four legislators have presented plans to reduce or eliminate the state’s four percent sales tax on groceries. Legislators are talking about lowering the state’s corporate income tax rate. The Alabama House of Representatives actually passed legislation eliminating the income tax on hourly workers working overtime. There are also calls to save money in this record revenue year in anticipation of the next economic downturn. With 140 different legislators, there are 140 different ideas about how to spend the state’s revenues. “We cannot do it all,” said Sen. Arthur Orr, who chairs the Senate Finance and Taxation Education Committee, told reporters following passage of the budget package Thursday. Senate Pro Tem. Greg Reed agrees. “We can’t do all of it,” Reed said. “There is a slew of tax cuts ideas coming,” Orr said. “How are we going to afford it?” “We need to be careful that we don’t cut too many taxes,” Reed said. Reed indicated that the plan most likely to move forward is the plan to reduce grocery taxes. “When you talk to the members, you will hear more about the grocery tax than any other,” Reed said. Alabama Today asked Orr if the $45 million tax cut for hourly workers that passed the House on Tuesday was in the budget that passed the Senate on Thursday. “No, it was not,” Orr said. The Senate does plan to save some of the money in a new reserve account. “Half a billion dollars is going into a savings account which is where we’re going to put the rebate money to take care of future needs, particularly because we’re concerned about the future of the economy,” Orr said. The Senate also downsized Governor Ivey’s rebate plan from $400 per tax filer to $105, saving approximately $700 million. The Senate eliminated plans to spend $30 million on a new healthcare-focused boarding school in Demopolis. That was replaced with a $500,000 study to study the feasibility of the plan and what would be the best site for the plan. The Senate rejected an amendment by Sen. Bobby Singleton that would have restored $2 million of funding for the school. “I would like to thank this body for telling little babies in West Alabama that they don’t mean anything,” Singleton said after losing the vote, “Thank you, this is why we will always be number 50.” The Senate budget also cut out the plan to provide $30,000 million to Montgomery, including the plans for the controversial water park. “I am very concerned that the capital city will be completely left out of the supplemental,” said Sen. Kirk Hatcher. “I am pleading with you to help with this.” The legislature did advance a controversial bill to provide a bridge loan to cash-strapped private college Birmingham Southern College. That bill is sponsored by Sen. Jabo Waggoner – a Birmingham Southern Alum. The budget package now goes to the Alabama House of Representatives for its consideration. The House has already passed the state general fund budget (SGF). The SGF could come out of committee in the Senate as early as Wednesday, but sources think it likely will be another week. “This is an unprecedented budget and an unprecedented time,” Orr said. Wednesday was Day 18 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.

Twelve more bills to watch introduced in the legislative session

The 2023 Alabama Regular Legislative Session is almost half over. Tuesday will be legislative day 14. To this point, State Legislators have introduced 618 bills in the current legislative session. Alabama Today has been monitoring bills as they are introduced. Here are twelve of the most recently introduced bills to watch. House Bill 370 (HB370) is sponsored by Representative John Rogers. According to the synopsis, HB370 “would require the Alabama State Law Enforcement Agency to establish and maintain a database that includes a list of individuals with communication disabilities or disabilities that can impair communications, to be available to law enforcement officers. This bill would require the Alabama Department of Public Health to develop a form for individuals to voluntarily register for inclusion in the database.” Senate Bill 237 (SB237) is sponsored by Senator Tom Butler. According to the synopsis, “Under existing law, the Alabama Memorial Preservation Act of 2017 prohibits architecturally significant buildings, memorial buildings, memorial streets, and monuments that are located on public property and have been so situated for 40 or more years from being relocated, removed, altered, renamed, or otherwise disturbed unless the Committee on Alabama Monument Protection grants a waiver, and provides penalties for violations. This bill would require a controlling governmental entity that replaces a memorial building to maintain the original name or erect a marker memorializing the name. This bill would provide that a petition for waiver is deemed denied if the Committee on Alabama Monument Protection fails to act on an application for waiver within 90 days. This bill would revise the penalties for violations and would authorize the Attorney General to commence a civil action. This bill would also require the Alabama State Council on the Arts to oversee the design,  construction, and installation of a replica of the Saturn 1B Rocket, previously located at the I-65 Ardmore Welcome Center in Elkmont, Alabama, at the most northern I-65 rest stop in the state.” House Bill 364 (HB364) is sponsored by State Rep. Steve Hurst. HB364 would require a public K-12 school or a local board of education to accept cash and any other form of payment of its choosing for admission to school-sponsored sporting events that are open to the public. Some venues have gone to credit card payments only during the COVID-19 pandemic. House Bill 354 (HB354) is sponsored by State Rep. Mack Butler. HB354 “would provide that classroom instruction or discussions related to gender identity or sexual orientation may not be provided to public school students in kindergarten through eighth grade or to public school students in a manner that is not age or developmentally appropriate. This bill would require the State Board of Education to adopt procedures for notifying a student’s parent if there is a change in the student’s services or monitoring relating to the student’s mental, emotional, or physical health and would prohibit local boards of education from adopting policies to the contrary. This bill would require each local board of education, at the beginning of each school year, to notify parents of the health care services available to students and allow parents to opt their child out of any health care service.” Senate Bill 224 (SB224) is sponsored by Sen. Vivian Figures. According to the synopsis, “Under existing law, the crime of transmitting obscene material to a child by computer is a Class B felony. This bill would clarify that for the purpose of this crime, a child is a person who is under 16 years of age. Under existing law, a person commits the crime of distributing a private image if he or she knowingly posts, emails, texts, transmits, or otherwise distributes a private image with the intent to harass, threaten, coerce, or intimidate the person depicted in certain circumstances. This bill would clarify that a criminal proceeding for a violation of distributing a private image could be brought in any county in which any part of the crime took place, in the county of residence of the victim, or any county where the image was received. Also, under existing law, a violation of incest is a Class C felony. This bill would provide that a violation of incest when the victim is under 16 years of age is a Class A felony. Also, under existing law, a person may not be convicted of the crime of incest or of an attempt to commit incest unless there is corroborated testimony. This bill would remove the requirement of corroborated testimony.” Senate Bill 234 (SB234) is a state constitutional amendment by Sen. Merika Coleman. SB234 would end the state’s four percent sales tax on groceries but would replace the lost revenue by ending the state’s allowing income taxpayers to deduct their federal income tax.  A family of four who spends $110 a week on groceries would save $229 on the reduced sales tax on groceries. With a typical household taxable income of $54,062, they pay $4,726 in federal income taxes. Currently, they would deduct that from their state-taxable income. If SB234 passes and they lose that deduction, they would pay $281 in additional Alabama income taxes. In this example, that family would pay $52 more in taxes. A low-income family or a retired couple with no investment income would come out ahead by not having to pay the grocery tax. A high-income family will pay more taxes in this scenario if SB234 becomes law. Senate Bill 232 (SB232) is sponsored by Sen. Chris Elliott. SB232 would authorize peer-to-peer car-sharing programs, which are business platforms that connect vehicle owners with drivers, to enable the sharing of vehicles for financial consideration in this state. House Bill 342 (HB342) is sponsored by Rep. Susan Dubose. The bill states, “Under existing law, the State Superintendent of Education is authorized to issue professional educator certificates to qualified individuals who complete an alternative teacher preparation program offered by an approved alternative teacher education preparation organization. This bill would provide additional requirements for programs to provide alternative certifications for educators.” House Bill 339 (HB339) is sponsored by Rep. Chris Pringle. The bill states, “Under existing law, the second or runoff

Poarch Band of Creek Indians donates $140,000 to tornado ravaged Flatwood community

The Poarch Band of Creek Indians, concerned about dire conditions in the small community of Flatwood left by a December tornado there, have donated $140,000 to River Region United Way, which is spearheading rebuilding efforts. The donation came at a community event held on a concrete slab – all that remains of the Flatwood Community Center, which was once a gathering place for residents of this small community outside of Montgomery. The Poarch Band of Creek Indians Tribal Chair & CEO Stephanie A. Bryan was moved by what she saw there and by her conversations with residents who have lost everything. “We watched the news back in December and grieved for the people of Flatwood,” Bryan said. “We are so thankful that the United Way is here, on the ground, working to rebuild this community, and we are so glad to be able to help in their efforts. God has blessed us, and in return, we get to bless you all. We can rebuild together!” Jannah Morgan Bailey, President and CEO of River Region United Way, noted, “In the four months since the natural disaster, we have received over $300,000 from the community. That enabled us to buy three homes for residents who lost everything in the storm. Unfortunately, there is a lot of unmet need here still, and we are committed to seeing the job through. This community is very strong, and recovery here is more than building a house. It is about rebuilding a community.” Chairwoman Bryan and CEO Bailey were joined at the event by Sen. Kirk Hatcher, Rep. Kenyatta Hassell, as well as several local elected officials, pastors, and community residents. River Region United Way is working to meet immediate needs and on long-term plans to help rebuild the community and stabilize life for its residents. Donations are still being accepted by texting FLATWOOD to 41444 or visiting the website www.rruw.org. Click DONATE, and designate to “FLATWOOD.”

League of Municipalities disappointed with passage of legislation further limiting towns from collecting occupational taxes

On Tuesday, the Alabama Senate County and Municipal Government Committee advanced legislation that would place further limits on cities that currently have occupational taxes. The committee gave a favorable report to a substitute version of the legislation – Senate Bill 65 (SG65). The Alabama League of Municipalities are staunchly opposed to this legislation. They released a statement following its receiving committee approval. “While the League is disappointed with today’s passage of SB65 by the Senate Committee on County and Municipal Government, our advocacy efforts will not stop here,” the League said in a statement on social media. “It is our organization’s mission to protect measures that are in place which allow for local decisions to be made at the local level, one of those being the ability to maintain or implement an occupational tax.” “We appreciate the mayors and first responders that attended and shared examples of the negative impacts this legislation could cause, including: laying off first responders and other essential personnel; making cuts to infrastructure, education, and public works; and restricting economic development growth,” the League added. Senate Bill 65 (SB65) is sponsored by State Sen. Andrew Jones. Jones represents Etowah County, where several municipalities including Gadsden, have occupation taxes. An occupation tax is a tax on payrolls that goes to municipalities. Workers already owe income taxes and FICA/social security taxes to the federal government, plus the state income tax. They also pay a percentage (usually one or two percent) to the town they work in. The tax burden of working in a town with an occupation tax is onerous. An occupation tax is not a true income tax because they do not tax rental income, investment income, business profits, farm income, etc., but anyone who is a wage earner must pay the tax to hold a job in that city or town. The tax is despised by many workers Jones represents, particularly those who work in but do not live in a town with an occupation tax as they pay the tax, but receive little, if any, of the tax benefits. Workers who live in a town with an occupation tax but work in another town do not pay the tax in the town where they live, even if the town where they work does not have an occupation tax – unlike a true income tax which is already forbidden in towns and cities under Alabama law. Jones has led efforts to repeal the remaining occupation taxes across the state. The Legislature blocked Jefferson County from imposing an occupation tax ten years ago, with the state’s largest county filing for bankruptcy protection. Cities like Montgomery that don’t have an occupation tax are already blocked from imposing one without coming to the Legislature. Jones first tried to abolish the remaining occupation taxes in the state. Failing that, he has tried to phase them out or prevent cities with occupation taxes from extending that occupation tax outside the city limits to the police jurisdiction or the town annexing new property to capture more workers into Tuesday’s tax scheme. Jones said, “There is a lot of things we should be able to agree on. It is unfair that workers who have lost their jobs when a plant closes, like Goodyear, have to pay a 2% tax on their unemployment severance pay.” “We should be able to agree that is unfair that a business like a tow truck operator has to keep records on how much time their operators spend working in each town in order to calculate the occupation taxes,” Jones said. Opponents bitterly opposed this bill in the public hearing. Opelika Mayor Gary Fuller said, “The citizens have the option of addressing that every four years.” “We think this is a local issue,” Mayor Fuller said. Guin Mayor Phil Segraves said that Guin has had an occupation tax since 1984. “We need to retain this tax,” Segraves said. “It has been a valuable tool for economic development.” Rainbow City Mayor Joe Taylor said, “I stand in opposition to HB65, but not to my Senator.” Taylor explained that Rainbow City wants to annex 1,100 acres of farmland on I-59 for industrial development, and they need the occupation tax to develop that site. “This is about economic development,” Taylor said. “We have a memorandum of understanding with our county on a water and sewer project. We have dedicated $2 million of our ARPA money to this project. The county has dedicated $20 million.” The ban on allowing cities with an occupation tax to extend that to newly annexed land would prevent Rainbow City from extending the occupation tax to new jobs created on the Etowah County mega site they are trying to annex. Jones agreed to amend his bill so that cities annexing a thousand acres or more parcels would be an exemption from the legislation. Gadsden Fire Chief Will Reed said that ending the occupation tax would mean he would have to cut his paramedics. “This is a horrible thing for our fire department and for the people of our community,” Reed said. State Sen. Linda Coleman Madison said, “As I listen to the people that came before us, these taxes are tied to schools, police and fire services, economic development, recreational opportunities.” Jones said, “Median household income in Alabama is about $53000, so 2% is about a thousand dollars, which is a considerable amount.” “There are only about 24 cities that have this,” Jones said. Sen. Kirk Hatcher said that for the state to prevent cities from imposing occupation taxes is excessive. “This is the definition of big government,” Hatcher said. HB65 was amended and substituted by the committee. The committee voted to give the newest version of HB65 a favorable report in a 5 to 4 vote. HB65 could be voted on by the full Senate as early as Wednesday. If passed, it would still have to go to the Alabama House of Representatives for their consideration. The Senate will go into session at 3:00 p.m. for the third legislative day of the 2023 Alabama Regular Legislative Session. As of Monday, 243 bills have

Andrew Sorrell and David Sessions rank highest scorecards for Club for Growth Foundation

On Wednesday, Club for Growth Foundation released its annual legislative economic scorecard, which tallied up the 2021 legislative year based on criteria for “economic growth issues,” 1819 News reported. According to a release, Club for Growth Foundation based their scoring on each lawmaker’s record on votes related to “pro-growth policies and computed an Economic Growth Score on a scale of 0 to 100.” “A score of 100 indicates the highest support for pro-growth policies. The Foundation’s study examined over 2,500 floor votes and, in the end, included 21 Alabama House votes and 20 Alabama Senate votes.” According to the scorecards, Republican Senator David Sessions had the highest rating with a 35%. The lowest-rated Republican was Larry Stutts, with a score of 16%. The highest-rated Democrat Senator was William Beasley with 30%, and the lowest-rated Democrat was Kirk Hatcher with a score of 0%. For the House, Republican Andrew Sorrell was the highest rated Represenative, with a score of 95%. The lowest rated Republican was Dickie Drake with a 14%. The highest rated Democrat was Dexter Grimsley with a score of 20% and several Democrats rated lower than 6%. Other key takeaways include: Alabama Senate Average Republican Score: 27% (Up from 21% in 2020) Average Democrat Score: 11% (Up from 6% in 2020) Alabama House Average Republican Score: 28% (Up from 15% in 2020) Average Democrat Score: 12% (Up from 0% in 2020) “Through the release of this scorecard series, the Club for Growth Foundation is looking at how state legislatures perform in terms of pro-growth policies,” Club for Growth Foundation president David McIntosh said in a release. “We believe that this scorecard will help inform citizens and entrepreneurs about who supports the policies that promote economic prosperity.” According to their website, their mission is “to inform the general public about the many benefits of economic freedom and limited government.” Some of the Club for Growth’s top policy goals include: Reducing income tax rates and repealing the death tax Replacing the current tax code with a fair/flat tax The full repeal of ObamaCare and the end of abusive lawsuits through medical malpractice/tort reform Reducing the size and scope of the federal government Cutting government spending and passing a Balanced Budget Amendment to the United States Constitution Regulatory reform and deregulation School choice

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: We lost some good ones in 2021

Steve Flowers

As has been my custom for 18 years, I like for my yearend column to be a remembrance of Alabama political figures who have passed away during the year. We lost some good ones this year. We lost our oldest past governor, John Patterson in June.  Governor Patterson passed away at age 99 at his ancestral home in rural Tallapoosa County surrounded by his family. Patterson was Governor from 1959-1963. He defeated George Wallace in the 1958 Governor’s Race, which featured a field of 14 candidates. He is the only man to beat George Wallace in a governor’s race. Patterson was Attorney General of Alabama prior to being elected Governor.  He subsequently was appointed to the Court of Criminal Appeals by Wallace and was reelected numerous times and retired as a Judge of the Alabama Court of Appeals. He was a treasure trove of Alabama political history. He was Governor during a turbulent time in Alabama history. Former Alabama Attorney General Jimmy Evans died in February at 81. Evans was a native of Montgomery and was Montgomery County District Attorney prior to being elected Attorney General. Retired Alfa lobbyist Milton Parsons passed away in March at 91. Milton was renowned on Goat Hill as a straight arrow and straight shooter. He was an honest, trustworthy, Christian gentleman.  He was Alfa’s chief lobbyist for 50 years. He was a devoted family man and devout Christian. Former Troy mayor, Jimmy Lunsford died in May at 78. He was mayor of Troy for 30 years. Economic development was his forte. He was a tremendous steward of the city’s finances. He left Troy in good shape financially.  Former Mobile congressman Sonny Callahan passed away at 88 in late June.  He was one of a long line of popular and effective congressmen from the first district. The list includes Frank Boykin, Jack Edwards, Jo Bonner, Bradley Byrne, and Sonny. Congressman Callahan served 10 terms in the U.S. House of Representatives.  Prior to his two decades in Congress, he served in the Alabama House of Representatives and then six years in the State Senate. He was successful in the trucking business in conjunction with his legislative and congressional career. State Representative Thad McClammy of Montgomery passed away at 79 in August. McClammy represented parts of Montgomery County for 27 years. I had the privilege to serve with Thad in the legislature. He was a real gentleman. His word was as good as gold. He had a tremendous turnout for his funeral. State Senator Kirk Hatcher did a fabulous job singing two favorite hymns. Former State Legislator and longtime Geneva County Probate Judge Harold Wise died in August at 96 years old. He lived an amazing and colorful life. He was a loved and respected Geneva County political figure. He was the uncle to Supreme Court Justice Kelli Wise. Kelli adored him. He was her mentor. She says he sparked her love of politics and her desire to have a career in public service. Retired Winston-Marion County Circuit Judge Bobby Aderholt passed away in September at 85. He was a 50-year public servant, as well as lay minister. People say he probably married or buried half the folks in and around Haleyville and that part of Northwest Alabama. There was a tremendous turnout for his funeral. He was revered. State Senator Greg Reed sang at his funeral. Judge Aderholt was the father of our senior congressman, Robert Aderholt who is completing his 25th year in Congress. Former State Senator Jim Preuitt of Talladega died in September at 86. He was also a State Representative and Probate Judge of Talladega County. He was a successful businessman and family man. We lost some good ones this year. Happy New Year! Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama Newspapers. Steve served 16 years in the state legislature. Steve may be reached at  www.steveflowers.us.