Personnel Update: Greg Canfield to join Birmingham law firm
Alabama Secretary of Commerce Greg Canfield, who is leaving his post at the end of the month, has accepted a position at Burr & Forman as their managing director of economic development. “Secretary Canfield and I have worked together for over a decade,” said Burr & Forman Partner Lee Thuston. “He knows economic development — and particularly the automotive sector — inside and out. That knowledge and his leadership will be a great benefit to our clients going forward.” Canfield will head up Burr & Furman’s economic development team. The firm currently has a team of lawyers working on economic development in five states. Canfield is not licensed to practice law and will not be giving legal advice, the company explained in a statement. “Our law firm has long enjoyed a reputation for results in the economic development industry,” explained Burr & Forman CEO Ed Christian. “We are thrilled to have Secretary Canfield joining us to build on that success and ensure seamless, knowledgeable service to our clients.” “Economic expansion is good for communities and good for families. I am proud of what we achieved during my time in the public sector and look forward to continuing those efforts across the Southeast in my new role at Burr & Forman,” Canfield said. Canfield will begin his new duties on January 2, 2024. Canfield was initially appointed by Governor Robert Bentley (R) in 2011. He has worked with Gov. Kay Ivey since 2017. During his 12-year tenure at the Alabama Department of Commerce, the state attracted more than $70 billion in new investments and promises of 180,000 new jobs. Canfield also initiated Commerce’s rural development strategy, participated in trade missions to 30 countries, and launched the long-running “Made in Alabama” brand. Canfield was inducted into the Alabama Automotive Manufacturers’ Association Hall of Fame and the Southern Automotive Manufacturers’ Alliance Hall of Fame. Before he served as Commerce Secretary, Canfield served in the Alabama House of Representatives. Gov. Ivey has appointed Ellen McNair to replace Canfield. McNair is currently for the Montgomery Area Chamber of Commerce and has decades of experience in economic development. She had worked with Ivey in the 1980s when Ivey was the number two person at the Alabama Development Office, the precursor to today’s Alabama Department of Commerce. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Campgrounds, cabins temporarily close for maintenance at Roland Cooper State Park as it transitions back to ADCNR management
Beginning on Monday, September 11, through October 1, the campgrounds and cabin areas at Roland Cooper State Park will temporarily close for maintenance as park management transitions back from a concessionaire contract back to the State Parks Division of the Alabama Department of Conservation and Natural Resources (ADCNR). Existing overnight reservations will be honored during the maintenance period. In 2015, Roland Cooper was temporarily closed due to cost-cutting measures ordered by then-Governor Robert Bentley (R). The park reopened in 2016 under a concessionaire contract with an Arizona-based management company, Vista Recreation, taking over the management. Greg Lein is the Director of ADCNR’s State Parks Division. “We are grateful for the partnership with Vista Recreation over the last seven years,” said Director Lein. “Going forward, we are excited to have our park personnel once again operating the park and working with the City of Camden, Wilcox County, and local tourism professionals to promote the region and all that Roland Cooper State Park has to offer.” Roland Cooper State Park is 6 miles north of Camden in Wilcox County. Lein said that Roland Cooper State Park is the perfect base camp to enjoy various outdoor recreation in Alabama’s Black Belt, including boating, fishing, hunting, birding, wildlife watching, hiking, camping, and more. Chris Blankenship is the Commissioner of ADCNR. “For decades, Alabama’s Black Belt region was overlooked as a vacation destination,” said Commissioner Blankenship. “An increased interest in outdoor recreation has started to change that. We encourage Alabamians and out-of-state visitors to explore the many recreational opportunities at Roland Cooper and in the surrounding areas.” One of the main attractions at Roland Cooper is its access to boating and fishing on Dannelly Reservoir, also known as Millers Ferry. The lake is known for its abundance of game fish. The park also boasts a recently constructed pier that significantly expanded the available docking space for recreational boaters and anglers. The new T-shaped pier measures 160 feet long by 128 feet wide and is Americans with Disabilities Act (ADA) compliant. Fishing tournaments can be hosted at the park throughout the year. In addition to excellent boating and fishing access, Roland Cooper State Park offers several overnight accommodations, including 47 improved and 13 primitive campsites, six tiny house-style cabins, and five two-bedroom cabins. Hunters and anglers who have trips planned to the various nearby ADCNR Wildlife Management Areas, Special Opportunity Areas, and State Owned Public Fishing lakes are encouraged to make reservations to stay at Roland Cooper during the upcoming hunting and fishing seasons. The park also has hiking trails, a rental pavilion, a bathhouse, and boat rentals. Roland Cooper is also a stop on the Alabama Birding Trail, and bald eagles and ospreys can be spotted at the park throughout the year. The park is convenient to Montgomery, Mobile, and Selma, with all three being within a two-hour drive, The Bentley Administration closed five state parks: Bladon Springs, Chickasaw, Paul Grist, Roland Cooper, and Florala as part of the governor’s cost-cutting plan. The closings, which disproportionately affected the Black Belt Counties, were criticized at the time because the cuts, like the cuts at the time of 31 driver’s license offices by the Alabama Law Enforcement Agency (ALEA), targeted the government infrastructure closest to the people rather than management and redundant administration and staff in Montgomery. Gov. Kay Ivey has made a point of reversing many of her predecessor’s more controversial policies. State Revenues have more than doubled since 2015. Four of the five have reopened as State Parks. Florala is now owned and operated by the City of Florala, who took over the park after the state cut the park. To plan your next adventure at Roland Cooper State Park or to make reservations, visit www.alapark.com. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Former Barbour County Sheriff Leroy Upshaw sentenced for ethics offense
On Friday, Alabama Attorney General Steve Marshall (R) announced that former Barbour County Sheriff Leroy Davis Upshaw had been sentenced for using his office for personal gain. Upshaw, age 52, lives in Eufaula. He was sentenced to 10 years split to serve three years in the Alabama Department of Corrections for violating Alabama’s Ethics laws. The court ordered that Upshaw serve his three-year sentence in Barbour County Community Corrections – avoiding prison time. The court also ordered him to pay a $30,000 fine. Upshaw pled guilty to the Ethics charge on June 27. In March of 2021, a Barbour County Grand Jury indicted Upshaw following an investigation by the Alabama Attorney General’s Special Prosecutions Division. Upshaw served the people of Barbour County as Sheriff for twelve years from January 2007 to January 2019. He lost a re-election bid in 2018. At the sentencing hearing, a Special Agent with the Attorney General’s Special Prosecutions Division testified that Upshaw stole $32,135.85 by writing checks to himself and having a subordinate write checks to him. Prosecutors say that these checks were then drawn off Sheriff’s Office funds meant for law enforcement purposes and for the care of the inmates of the Barbour County jail. The Alabama Department of Examiners of Public Accounts originally found Upshaw personally liable for $29,000 and told him to repay it. Instead of coming up with the money to pay the debt personally, Upshaw repaid the Sheriff’s Office with $29,000 of Sheriff’s Office funds. The Alabama Ethics Commission referred the case to the AG’s office for prosecution. The theft and subsequent cover-up formed the basis for Upshaw’s conviction and the sentence Upshaw received last week. The Attorney General thanked the Alabama Department of Examiners of Public Accounts for their assistance in this case. General Marshall also commended the Special Agents of his Special Prosecutions Division, who investigated the case, as well as Assistant Attorneys General Jasper B. Roberts, Jr., James R. Houts, and Nathan W. Mays, who prosecuted it. Marshall’s office has also successfully prosecuted former Clarke County Sheriff William Ray Norris and former Limestone County Sheriff Mike Blakely. Steve Marshall has been attorney general since his appointment by then-Governor Robert Bentley (R) in 2017. He was subsequently elected as attorney general in 2018 and re-elected in 2022. Marshall served as the district attorney for Marshall County prior to his service as AG. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama wins Silver Shovel Award for 2022 economic development successes
Last week the State of Alabama was awarded a Silver Shovel Award. Alabama Governor Kay Ivey announced that Area Development, a national business publication, has selected Alabama for its Silver Shovel Award. This is in recognition of the state’s economic development successes during 2022. “The Silver Shovel Award is yet another testament to Alabama’s strong pro-business environment and to the talented workers that help companies from around the world grow and thrive,” said Gov. Ivey. “This honor also demonstrates that our efforts to create good jobs and spark economic growth are producing results in Sweet Home Alabama.” 👏: Once again, Alabama has claimed a Silver Shovel Award from @AreaDevelopment for our 2022 economic success. Just last year, companies made $10.1 billion in capital investment in Alabama, shattering our previous record! ⬇️ #alpolitics (1/2) — Governor Kay Ivey (@GovernorKayIvey) June 7, 2023 Area Development also cited Atlanta-based Novelis’s plan to invest more than $2.5 billion to build a new low-carbon recycling and rolling plant in Baldwin County as one of its ‘Projects of the Year.’ The project in Bay Minette is expected to create 1,000 jobs. Economic Developer Dr. Nicole Jones told Alabama Today, “Area Development Magazine has been a leading publication in our industry for over five decades. The selection of Alabama for a Silver Shovel Award is a testament to teamwork; the public and private sectors have collaborated and created an environment conducive to business. Since being elevated to the Governor’s office in 2017 after then-Gov. Robert Bentley’s resignation, Ivey has put a strong emphasis on economic development and competing for new capital investment. Since becoming Governor, Ivey has announced new capital projects of $41 billion, creating 80,000 new jobs for Alabamians and creating the lowest unemployment numbers in the history of the state along the way. Ivey’s economic development team is led by Greg Canfield – who is the Secretary of the Alabama Department of Commerce. “Last year was a remarkable one for Alabama’s economic development team,” said Sec. Canfield. “Not only did these professionals secure high-impact growth projects for the state during 2022, but they also managed to set records while doing it. Their efforts are creating exciting new career opportunities for Alabama citizens and enhanced growth possibilities for communities across the state,” he added. “And we’re not slowing down.” In 2022 the state compiled $10.1 billion in announcements of companies building or expanding facilities in the state. This shattered the old record of $8.1 billion set in 2018. The Silver Shovel Award recognized these record results for Alabama’s economic development team. This $10.1 billion in capital investment last year will create over 13,000 jobs across Alabama and stimulate economic growth in both urban and rural areas of the state. “Companies consider many factors in the site selection process, such as a quality and skilled workforce, infrastructure, pro-business policies, community-oriented towns, and school systems, and the proximity to customers and vendors,” Jones explained. “An estimated 13,000 new jobs will result from new facilities and the expansion of existing sites throughout Alabama.” Area Development magazine’s annual Shovel Awards recognize state economic development agencies that drive significant job creation through innovative policies, infrastructure improvements, processes, and promotions that attract new employers and investments in new and expanded facilities. The awards are presented annually to states that have achieved significant success in terms of job creation and economic impact. Factors that go into this calculation include the number of high-valued added jobs per capita, amount of investment, number of new facilities, and industry diversity of the submitted projects. Alabama qualified for a Silver Shovel award in the 4- to 6-million population category. Other winners in the category were South Carolina and Wisconsin. 2022 was marked nationally with large-scale projects related to electric vehicles. Area Development singled out two projects in Alabama: Hyundai’s $300 million investment to launch EV production at its Montgomery plant and Hyundai Mobis’ $205 million battery module plant nearby. Area Development also highlighted growth plans in Alabama by Airbus, First Solar, United Launch Alliance, Manna Beverages & Ventures, and Diego. This is far from the first time the magazine has honored Alabama with Shovel Awards. It received Gold Shovel Awards in 2006, 2013, 2019, and 2021, and Silver Shovel Awards for 2007–2012, 2014–2018, and now in 2022. Last September, Area Development reported that Alabama ranked Number 6 in its annual “Best States for Doing Business” survey, containing a sustained run for the state in that list’s Top 10. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
2 former Alabama governors from opposite sides of the political aisle express doubts over executions
Two former Alabama governors, from opposite sides of the political aisle, wrote in an opinion piece that they are now troubled by the state’s death penalty system and would commute the sentences of inmates sentenced by judicial override or divided juries. Former Gov. Don Siegelman, a Democrat, and former Gov. Robert Bentley, a Republican, who both oversaw executions while in office, penned the Tuesday opinion piece for The Washington Post. The governors said that have both come “to see the flaws in our nation’s justice system and to view the state’s death penalty laws in particular as legally and morally troubling.” “We missed our chance to confront the death penalty and have lived to regret it, but it is not too late for today’s elected officials to do the morally right thing,” the governors wrote. Bentley and Siegelman each let eight executions go forward while they were in office, according to a list maintained by the Alabama Department of Corrections. The governors said they are particularly concerned that a large number of the state’s death row population was sentenced to death by either divided juries or over a jury’s recommendation. Alabama, in 2017, became the last state to end the practice of allowing judges to override a jury’s sentence in a capital case and send a person to death row when a jury recommended life imprisonment — a practice that critics argued interjected election-year pressure into sentencing decisions. But the change was not retroactive and did not impact inmates already sentenced to death by judicial override. “As governors, we had the power to commute the sentences of all those on Alabama’s death row to life in prison. We no longer have that constitutional power, but we feel that careful consideration calls for commuting the sentences of the 146 prisoners who were sentenced by non-unanimous juries or judicial override, and that an independent review unit should be established to examine all capital murder convictions,” the two governors wrote. Only four states out of the 27 that allow the death penalty do not require a unanimous jury to sentence an inmate to death. Alabama allows a death sentence with 10-2 decision in favor of execution. Florida Gov. Ron DeSantis last month signed legislation ending that state’s unanimous jury requirement and allowing death sentences when at least eight jurors are in favor. Missouri and Indiana let a judge decide when there is a divided jury. The governors cited statistics from the Death Penalty Information Center that one person on death row has been exonerated for every 8.3 executions. Applying that exoneration rate to the 167 people on Alabama’s death row, Siegelman said would suggest as many as 20 inmates could have been wrongfully convicted. “We all should agree that if the state is going to be in the business of killing people, that we should make sure that we have the right person,” Siegelman told The Associated Press in a telephone interview Tuesday night. Siegelman said after reviewing cases that he is now personally haunted by one of the eight executions that happened during his time as governor. Freddie Wright was put to death in Alabama’s electric chair in 2000 after being convicted of killing a couple during a robbery. Siegelman declined to stop the execution, saying at the time that the “death penalty is appropriate in this case.” Twenty-three years later, Siegelman said that he now believes Wright “was wrongfully charged, prosecuted and convicted for a murder he most likely did not commit.” Siegelman said that he “never felt comfortable with the death penalty” but that his views have evolved over the years, at least partly sparked by his own criminal conviction. The last Democratic governor in a state now dominated by Republicans, Siegelman was convicted of federal bribery and obstruction of justice charges largely related to his appointment of a campaign donor to a state board. Siegelman, who has maintained his innocence, said he came to see the system as flawed. Republished with the permission of The Associated Press.
Steve Flowers: Alabama has a host of outstanding political leaders under 45
It may appear to you and most casual observers of Alabama politics that our Alabama elected officials are old. That observation is accurate when you observe our current leaders in the highest offices. The governor’s office has been held by mature folks in recent years. Our current Governor, Kay Ivey, is 78 and has been the object of national media humor for appearing to be a pistol-toting great-grandmother. Dr. Robert Bentley, her predecessor, was in his 70’s, but he may have been sprier than he appeared. Bob Riley was no spring chicken while governor at age 65, although he looked younger. Our iconic senator, Richard Shelby, retired in January at 88 after a record-breaking 36 years in the U.S. Senate. Our new Senior Senator, Tommy Tuberville, is 68. This was not always the case in the Heart of Dixie. In the period from 1930 through 1970, we elected the youngest political leaders in the nation, beginning with our legendary tandem of United States Senators Lister Hill and John Sparkman, who served together close to 30 years. Lister Hill was elected to Congress from Montgomery in 1923 at age 29 and was elected to the U.S. Senate at age 44. John Sparkman was elected to the U.S. Senate in 1946 at 46 after serving as the Congressman for the Tennessee Valley. If you think Hill and Sparkman were young when they went to Washington, you have not seen anything like the governors we elected from 1946 -1966. James E. “Big Jim” Folsom was 38 when he was elected in 1946. John Patterson was 37 when he was elected in 1958. Patterson was referred to as the “Boy Governor.” When George Wallace was elected to his first term in 1962, he was only 43. When his wife Lurleen Wallace was elected in 1966, she was 40. She died in office of cancer less than two years later at 41. Lurleen Wallace was succeeded by Lt. Governor Albert Brewer, who had been Speaker of the Alabama House at 34, Lt. Governor at 38, and was 39 when he became governor. Bill Baxley was the youngest Attorney General in America when he was elected Attorney General of Alabama at 29 years old in 1970. He had been a 25-year-old District Attorney in Houston and Henry Counties. Baxley still practices law in Birmingham at 81. Well, folks, a cursory look at our current top elected officials may appear old. However, we have a generation of young political leaders arriving on the scene in Alabama. We already have superstars on the horizon and already on the scene who are under 45. Our new United States Senator, Katie Britt, is only 40 years old. She has the ability and youthfulness to be one of Alabama’s greatest senators. She has gotten to the Senate at a younger age than Hill, Sparkman, or Shelby. Marshall County has become the hotbed and breeding ground for the next generations of Alabama political leaders. This beautiful pristine lake area of North Alabama lays claim to Lt. Governor Will Ainsworth, age 41, State Senate Majority leader Clay Scofield, age 42, and State Representative Wes Kitchens, who is 35 and is Vice Chairman of the House Republican Caucus. Andrew Sorrell, the newly elected State Auditor, is only 37. He has a bright future. The brightest star in the Democratic ranks is Huntsville State Representative Anthony Daniels. At age 40, Daniels is a superstar. He is in his third term in the House from Huntsville. He is the Minority Leader in the House. This gentleman is also a successful high-tech businessman in Rocket City. There are several other stars under 45 in the Alabama House of Representatives besides Daniels and Kitchens, including Kyle South of Fayette, Matt Simpson of Daphne, Joe Lovvorn of Auburn, Ben Robbins of Sylacauga, Scott Stadthagen of Madison, Corey Harbison of Cullman, and very young newcomers James Lomax of Huntsville and Brock Colvin of Albertville. Joining the affable and accomplished 42-year-old Senate Majority Leader, Clay Scofield in the powerful State Senate in the under 45 superstar group are Senator Chris Elliott, 42, of Baldwin, Senator Andrew Jones, 38, of Cherokee, and newly elected Senator Josh Carnley from Coffee County who is 44. Alabama has a host of under 45 political leaders. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column is seen in over 60 Alabama newspapers. Steve served 16 years in the legislature. He may be reached at: www.steveflowers.us.
Bill filed to eliminate Class D felony classification
On Thursday, legislation was filed to repeal the 2015 sentencing reform legislation creating the Class D felony. The Class D felony was created by 2015 legislation to steer low-level offenders away from prison. House Bill 271 (HB271) is sponsored by State Rep. Chris Sells. HB271 has 48 Republican cosponsors, including House Majority Leader Scott Stadthagen. Crimes in Alabama are divided between felonies and misdemeanors. Felonies are further subdivided into four categories: Class A, B, C, and D. A Class D felony carries a standard sentence of between 366 days to five years, while a Class C felony carries a standard sentence of between 366 days to ten years. Class D offenses include theft of between $500 and $1500, illicit use of a credit card, and, perhaps most commonly, possession of illegal drugs for personal use. Offenders convicted of a Class D felony, however, must receive a split sentence, with some time on probation, unless they have already been sentenced to drug court, probation only, or a pretrial diversion program or have a prior conviction for a Class A, B, or C felony. Class D felons must be sent to a community corrections jail alternative, while Class C felons may be in prison, a jail-type alternative, or a treatment facility. Class C felons may also be confined in a community corrections program, while Class D felons must be sent to this type of jail alternative. HB271 “would eliminate the Class D felony classification and reclassify current Class D felony offenses. This bill would repeal Class D felony offenses created by Act 2015-185 and any criminal offense classified as a Class D felony offense. This bill would require the Alabama Sentencing Commission to immediately modify its standards, worksheets, and instructions necessary to comply with current law.” The creation of the Class D felony was a product of then-Governor Robert Bentley’s prison reform task force. The sentencing reform legislation, Senate Bill 67, was passed in 2015 to address the problem of overcrowding in the Alabama Department of Corrections (ADOC). The 2015 reforms did alleviate (at least for a time) prison overcrowding but have not been popular with county sheriffs and local law enforcement. At the time, the legislation was hailed by both the conservative-leaning Alabama Policy Institute and the left-leaning American Civil Liberties Union (ACLU) of Alabama as a necessary step forward to address the state’s perceived over-incarceration problem. SB67 passed the Senate 27 to 0 and the House 100 to 5 in 2015. Alabama presently has a new mega-prison under construction in Elmore County, and ADOC is doing site work for a second mega-prison in Escambia County. HB271 has been referred to the House Judiciary Committee. Tuesday will be day 8 of the 2023 Alabama Regular Legislative Session. The Alabama Constitution limits regular sessions to no more than 30 legislative days. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Steve Flowers: Marshall County and Enterprise emerging as Alabama political breeding grounds
Over the years, certain counties in Alabama have bred an inordinate number of governors and state political leaders. The three most prominent enclaves historically have been Tuscaloosa, Barbour, and Cullman. In the earlier years of statehood, Tuscaloosa was the most heralded county. They have continued, intermittently, throughout the years. The most prominent senator in Alabama history, Richard Shelby, who retired after 36 years in the Senate, calls Tuscaloosa home. Indeed, the state capital was in Tuscaloosa one time in the early years. They have had a fairly recent governor in Dr. Robert Bentley. Barbour County is called the “Home of Governors,” and for a good reason. They have had more governors than any county in state history. This sparsely populated Black Belt county has had six governors hail from there. George Wallace is, of course, the most prominent Barbour County Governor, but they also have Chauncy Sparks, John Gill Shorter, William Jelks, Braxton Bragg Comer, and Jere Beasley. Barbour County and Tuscaloosa both claim Lurleen Wallace. She was born and raised in Northport in Tuscaloosa County but married George Wallace and moved to Barbour County. This split county claim of governors also applies to legendary Governor James “Big Jim” Folsom. Big Jim was born and raised in Coffee County near Elba but moved to Cullman as a young man. So, Cullman gets bragging rights since he lived in Cullman when he was first elected in 1946. Cullman has indeed come on strong in the past few decades. They have had two governors in recent years, Jim Folsom Jr. and Guy Hunt. Today, we have two counties emerging as hotbeds for breeding state political leaders. Coffee County is percolating with political success. More particularly the growing City of Enterprise. Our new U.S. Senator, Katie Boyd Britt, was born and raised in Enterprise. She is only 40. The Congressman from the second district, Barry Moore, is from Enterprise although Dothan, Montgomery, and Elmore County have more population in that Congressional District. Moore is only 56. A rising popular star in the State House of Representatives, Rhett Marquis, 48, is from the Boll Weevil City. Enterprise is the home of the new state senator from that southeast Alabama hub. Josh Carnley just took the seat of retiring legend Jimmy Holley, thus keeping that seat in Coffee County. Carnley is a Coffee County farmer and insurance broker. Enterprise has a very good Mayor in William “Bill” Cooper. He has been in city politics for a good while. Coffee County also dominates all the judicial posts in this circuit. All three circuit judges hail from Coffee County in Enterprise. Sonny Reagan, Jeff Kelley, and Shannon Clark are all relatively young. The new District Attorney, James Tarbox, is very young. Jimmy Baker, who is Chancellor of the Alabama Community College System, hails from Coffee County and lives in Enterprise. Enterprise has always laid claim to Ft. Rucker, which has been the impetus of their growth, but they are emerging as a political powerhouse. The other county that is set to be called an Alabama political spawning ground powerhouse is Marshall County. They currently have a cadre of the state’s most powerful and promising Alabama leaders. The most prominent is 41-year-old Lt. Governor Will Ainsworth, who may be our next governor. State Senator Clay Scofield of Marshall County is only 42 and is Majority Leader of the State Senate. Attorney General Steve Marshall, 57, is in his second term as Attorney General. It is rare that two of the state’s highest-ranking officials, Will Ainsworth and Steve Marshall, are both from the same county. There are two rising stars in the Alabama House of Representatives from Marshall County. Young Wes Kitchens, an emerging leader in the House, is from Marshall. Also, the youngest member of the House of Representatives, Brock Colvin, has just been elected at the ripe old age of 26 and is catching people’s eyes on Goat Hill. Enterprise and Marshall County are emerging as new political breeding grounds for Alabama politicians. 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.
Gov. Kay Ivey issues executive order to cut red tape
On Wednesday, Governor Kay Ivey signed Executive Order 735. Ivey said that her order delivers on her commitment to making state government work with greater efficiency and accountability for the people of Alabama. “Sometimes, the best thing government can do is just get out of the way and allow the people to handle their business,” said Governor Ivey. “In many cases, government regulations that were necessary a decade ago have outlived their usefulness, and it’s time for that to change. This order directs state executive branch agencies to find where they can better serve our people, and I look forward to seeing its impact result in positive changes soon.” Ivey had promised in her State of the State address to issue the executive order. “During my inaugural address, I promised we would reduce burdens holding back our businesses with the goal of cutting regulations by 25 percent over the next two years,” Ivey told legislators Tuesday night. “I am proud to share with you all that tomorrow, I will sign an executive order to cut red tape so that our businesses are not held back, but can thrive. As I like to say, sometimes the best thing government can do is just get out of the way!” Ivey said that Executive Order 735 will reduce the “red tape” citizens and businesses must navigate by placing a moratorium on new rulemaking by executive branch agencies and establishing goals for the reduction in discretionary regulatory restrictions on citizens and businesses contained in the Alabama Administrative Code by 25%. The order will be carried out in three phases over the next two years. Phase one requires each state executive branch agency to prepare a written inventory of its existing administrative rules. Agencies are ordered to provide this information to the Office of the Governor. Phase one is anticipated to occur between March and September of 2023. Once that is done, phase two directs each state executive branch agency to develop a written plan to reduce regulatory burdens imposed through its administrative rules and otherwise tighten up its administrative code. Phase two is anticipated to occur between September 2023 and March 2024. Phase three is when the implementation of each agency’s rule reduction plan will begin. Phase three is anticipated to occur between March 2024 and March 2025. Each executive branch agency must also designate an existing employee to serve as its Red Tape Reduction Coordinator. Thursday is day 2 of Alabama’s First 2023 Special Session. Ivey called the special session for the Legislature to appropriate over one billion dollars of American Rescue Plan Act funds (ARPA) sent to the state by the federal government. Ivey is the second woman governor in state history. Ivey served two terms as State Treasurer from 2003 to 2011 and was elected Lieutenant Governor in 2010 and 2014. In 2017, Ivey was elevated to Governor when then-Gov. Robert Bentley resigned to avoid impeachment. Ivey was elected to her own term as Governor in 2018 and was re-elected in 2022. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Ron DeSantis to speak to Alabama Republican Party
Florida Governor and likely 2024 presidential candidate Ron DeSantis will be coming to Alabama in March as the speaker for the Alabama Republican Party’s annual Winter Dinner event. The Alabama Republican Party announced on Facebook, “It’s official! The Alabama Republican Party is excited to announce that Ron DeSantis will be our 2023 Winter Dinner special guest and keynote speaker. Join us March 9th when we host one of the most respected leaders in Conservative politics.” “The Alabama Republican Party is excited to announce that Florida Governor Ron DeSantis will be our special guest and keynote speaker at our annual Winter Dinner on March 9th,” the ALGOP wrote in an email to supporters. “Governor DeSantis needs no introduction, and we are thrilled to welcome him to the Yellowhammer State. This is an amazing opportunity for Republicans across Alabama, and we hope you will join us for this historic event.” The ALGOP Winter Dinner will be held on Thursday, March 9, 2023, in the Birmingham Sheraton Ballroom. Tickets are $250 per person or $400 per couple. DeSantis appears to be openly campaigning for the GOP nomination for President. Former President Donald Trump has already announced his intention to run for the office again. Trump lost the presidency to former Vice President Joe Biden in the 2020 election. Other possible GOP candidates include former South Carolina Governor and U.S Ambassador to the United Nations Nikki Haley, former Wyoming Congresswoman and noted Trump critic Liz Cheney, former Secretary of State Mike Pompeo, and former Vice President and Indiana Governor Mike Pence. Trump won the 2016 Alabama Presidential primary in a big way. U.S. Senator Ted Cruz finished second even though then-Governor Robert Bentley had endorsed then-Ohio Governor John Kasich. President Biden has announced his intent to seek a second term, though there is speculation that the President could face a challenge in the Democratic primary. The Alabama Presidential Primary will be on March 5, 2024. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Steve Marshall joins lawsuit over Labor Department’s new ESG rule
Alabama Attorney General Steve Marshall joined 24 other attorneys general last week in a lawsuit opposing a U.S. Department of Labor rule allowing 401(k) managers to direct their clients’ money to ESG (Environmental, Social, & Governance) investments. The conservative AGs are concerned that the rule undermines the protections for retirees outlined in the Employee Retirement Income Security Act of 1974 (ERISA). “Yet again, the Biden Administration is attempting to promote its radical climate agenda at the expense of everyday Americans and their hard-earned money,” AG Marshall stated. “With growing fears of a possible recession and rampant inflation, it is unconscionable to permit asset managers to risk trillions of dollars in working-class Americans’ retirement savings in pursuit of an unrealistic and radical environmental agenda. And that is exactly what the Biden Administration intends to do.” Missouri Attorney General Andrew Bailey said, “As Attorney General, I will enforce the law as written, which includes holding the Biden Administration accountable for blatantly violating rules set forth by Congress. My Office will do everything in its power to ensure that Missourians’ hard-earned savings are not diverted by the Biden administration to fund a radical environment ideology.” The controversial new rule, “Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights,” took effect on January 30, 2023. The rule affects two-thirds of the U.S. population’s retirement savings accounts. It impacts 152 million American workers and $12 trillion in assets. The strict laws placed in ERISA are intended to protect retirement savings from unnecessary risk. The conservative AGs claim that the rule makes it easier for advisors to invest based on their political goals rather than their clients’ financial goals. The complaint states, “[T]he 2022 Investment Duties Rule makes changes that authorize fiduciaries to consider and promote ‘nonpecuniary benefits’ when making investment decisions. Contrary to Congress’s clear intent, these changes make it easier for fiduciaries to act with mixed motives. They also make it harder for beneficiaries to police such conduct.” The 24 other states joining the lawsuit are Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Ohio, South Carolina, North Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming. The Biden administration is reportedly pushing environmental, social, and governance investing, which allows retirement fund managers to select stocks of companies based on their positions on social and environmental issues. This means that retirement savings will be used as leverage to force companies to reduce their carbon emissions and establish racial and gender quotas and other social justice issues rather than focusing entirely on securing as high a return as possible on workers’ lifetime savings. Marshall was recently inaugurated for his second full term as Alabama’s attorney general. Marshall was appointed AG by then-Gov. Robert Bentley in 2017. Marshall was the long-time district attorney for Marshall County. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Steve Flowers: Inauguration day
The Inauguration of our Alabama Constitutional officials was Monday. Our state constitution calls for the Inauguration to be held on the third Monday in January. As you would expect, and as Almanac suggests, it is usually a cold day. Over the years, I have had countless folks harken back to their high school band experiences of marching in the Inaugural Parade, especially ladies who had been majorettes. They had to march and twirl a baton in 20-degree weather with skimpy, legless, bathing suit style attire. It left them with a lasting indelible memory of an Alabama Gubernatorial Inauguration. Mind you, I was not there, but every old-timer who has talked politics with me over the years and who have seen a good many inaugurations, will remark that the January 1963 George Wallace’s initial inauguration as governor was the coldest. There was a lot of frostbite that day. However, the inaugural address from George C. Wallace was hot and heavy. That was the day that Wallace threw down the gauntlet and declared, “Segregation today, segregation tomorrow, and segregation forever.” That was exactly 60 years ago. A lot has changed since that day. It was during the Wallace era that the Civil Rights movement changed the political landscape of the nation and especially in the south. Wallace was an integral part of that historical era. He watched it all unfold from his Goat Hill office overlooking Dexter Avenue, and he was the reason for a lot of the bloodshed. Every time I see an inauguration on the Capitol steps, I reminisce about the history that has been made in that block of Dexter Avenue in Montgomery. The men who wrote Alabama’s overtly racist 1901 Constitution and the crowd that howled in defiance as Wallace made his 1963 declaration would marvel at the change and diversity of today’s Alabama. It is poetic and ironic that this year’s Inauguration Day, January 16, 2023, was on the same day as Martin Luther King Day, a state and national holiday. Kay Ivey grew up in the heart of the Wallace Era in Wilcox County. She cut her political teeth campaigning for the Wallaces. She was especially involved with Lurleen Wallace’s 1966 governor’s race when she was a student at Auburn University. After Auburn, she worked for a while in Banking and teaching in Mobile. She began her Montgomery career as the reading clerk in the Alabama House of Representatives under the tutelage of Speaker Joe McCorquodale. Black Belters, like McCorquodale, controlled the House and the Senate. Kay Ivey’s melodious, pronounced Black Belt accent drew folks’ attention to her reading even the most mundane legalese for hours on end. She later became associated with the Alabama Commission on Higher Education. As their Public Relations and Governmental Affairs Director, she learned the legislative process. She entered the political arena in 2002 when she was elected State Treasurer. She served eight years in that post. She was then elected Lt. Governor in 2010 and reelected in 2014. In the middle of her second term, she became Governor after Dr. Robert Bentley vacated the governor’s office. She served out the last 18 months of his term and was elected in her own right as Governor of Alabama in 2018. She was reelected, overwhelmingly, last year. If Kay Ivey finishes out this four-year term, she will have been Governor of Alabama longer than anyone else besides George C. Wallace. She is the first woman to be elected as a Republican. She is the second female governor, the first being her idol, Lurleen Wallace, 56 years ago. Also inaugurated with Governor Kay Ivey were Lt. Governor Will Ainsworth, Attorney General Steve Marshall, State Treasurer Young Boozer, Agriculture Commissioner Rick Pate, Secretary of State Wes Allen, and State Auditor Andrew Sorrell. Jeremy Oden and Chip Beeker were sworn in for four-year terms on the Public Service Commission. Two Supreme Court Justices, Kelli Wise and Greg Cook, were sworn in for six-year terms in a special investiture last Friday. Justice Kelli Wise was sworn in for her third term. She has served 12 years on the Supreme Court and was on the State Court of Criminal Appeals for a decade prior to being elected to the high court. Justice Greg Cook was sworn in for his initial term on the high tribunal. He is a well-qualified and conservative jurist who will fit in well on the Supreme Court. It was a big day in Alabama politics. 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.
