Alabama Legislature passes anti ESG legislation
On Thursday, the Alabama Senate passed legislation that would require companies that want state of Alabama contracts to forgo any sort of ESG (environmental, social, and governance) woke corporations or ESGs. Senate Bill 261 (SB261) is sponsored by State Senator Dan Roberts (R-Mountain Brook). It is carried in the House by Rep. Chip Brown (R-Hollinger’s Island). The anti-ESG legislation would prohibit state and local governments from entering into certain contracts that boycott businesses in certain sectors or based on certain environmental or corporate governance criteria. SB261 has been billed as the strongest anti-ESG legislation in the nation. Though the legislature is split along partisan lines on this legislation, both sides elected not to debate the issue in the House of Representatives. Instead, they advanced the bill directly to a vote when it came up on Wednesday’s special-order calendar. The bill prohibits governmental entities from entering into certain contracts with companies that boycott businesses because the business engages in certain sectors or does not meet certain environmental or corporate governance standards, or does not facilitate certain activities. The legislation authorizes the Attorney General to take action to investigate and enforce this act. “I appreciate the support of my colleagues in the Senate for working to pass this legislation,” Sen. Roberts told reporters. “The Alabama Senate has made it clear that we want businesses to focus on growing and expanding and not working to push any political agenda with left-wing ESG policies.” If a company engages in social activism banned by the legislation, then it can’t do business with any local or state government. According to the bill, “This bill would prohibit a governmental entity from entering into a public contract for goods or services with certain companies or businesses that engage in the economic boycott of businesses in certain sectors and industries; that fail to meet or commit to meet certain environmental standards; that fail to meet or commit to meet certain corporate governance criteria; or that fail to facilitate certain activities.” Companies would have to sign a verification that it does not engage in boycotts of other companies and industries. Governments can opt out of this provision if they can prove that it would have an adverse economic effect on that government if they can’t do business with that company. The bill states, “The Attorney General shall seek to prohibit the adoption of federal laws, rules, regulations, bulletins, executive orders, or other federal actions that may penalize, inflict economic harm on, limit commercial relations with, or change or limit the activities of a company in the state or a resident of the state based on the furtherance of economic boycott criteria or other similarly oriented rating.” It also protects companies from state or local governments trying to pressure them company into adopting woke political action. “No company in this state shall be penalized, have economic harm inflicted on it, have commercial relations limited, or have the activities of the company changed or limited by a governmental entity because the company will not engage in economic boycotts; will not establish or implement policies, procedures, guidelines, rules, reports, products, services, notices, disclosures, or rates or pricing; will not provide or submit answers to surveys or other information requests or disclosures; will not invest in or divest of certain securities, stocks, bonds, bills, partnerships, or other investment arrangements; or will not initiate other corporate or business practices that further social, political, or ideological interests including, but not limited to, economic boycott criteria or other similarly oriented rating.” “We have industry in or state that can be hurt by things going on nationally,” Roberts explained on the Senate floor. “We are trying to put them in position so they can thrive. We are trying to make sure that they have access to the mother’s milk of capital in the future.” Sen. Bobby Singleton (D-Greensboro) brought an amendment to the committee substitute of the bill. “It was given to me by the governor’s office,” Singleton said. “The finance department, they just wanted to make sure that they are protected in dealing with the state’s debt obligations.” Roberts accepted the Singleton amendment as friendly. “I think this is an anti-business bill,” Singleton said. “You are telling people that do business in the state of Alabama that you can’t have a social conscience.” “This is not a pro-business bill,” Singleton said. “Dan, you are wrong on this one. I will tell you, Dan, that you are wrong on this one.” “You can’t listen to Fox and decide what you are going to do,” Singleton continued. “We can’t be Florida 20. We won’t be able to recruit with this on the ground. This is a threat to business. If I don’t sign this paragraph, I can’t do business in Alabama.” Senate President Pro Tempore Greg Reed (R-Jasper) said, “This is a difficult topic. This is one that is at a national level that we have to deal with.” Sen. Sam Givhan (R-Huntsville) said, “We did have great dialogue. We had businesses across the gamut in the state of Alabama. We sat down in a room with them, and they presented us with their redlines.” Sen Robert Stewart (D-Selma) said, “Corporations do have an obligation to be good actors.” Givhan responded, “Their job is to maximize shareholder wealth.” Givhan explained the Singleton amendment, which exempts the State Finance Department from following this when refinancing debt obligations. “Debt obligations – that is targeted at the bond market,” Givhan said. “There is not a lot of businesses in that space. We wanted to make sure that we weren’t shooting ourselves in the head. Some think we may have opened the barn door too much.” SB261 passed the Alabama House of Representatives 74 to 27. It had previously passed the Senate by a vote of 27 to 8. The legislation now goes to the Governor for her consideration. Wednesday was day 28 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama Senate passes anti ESG legislation
On Thursday, the Alabama Senate passed legislation that would require companies that want state of Alabama contracts to forgo any ESG (environmental, social, and governance) woke corporations or ESGs. Senate Bill 261 (SB261) is sponsored by State Senator Dan Roberts. Senate Bill 261 has been billed as the “strongest” anti-ESG legislation in the nation. The bill prohibits governmental entities from entering into certain contracts with companies that boycott businesses because the business engages in certain sectors, does not meet certain environmental or corporate governance standards, or does not facilitate certain activities. The legislation authorizes the Attorney General to take action to investigate and enforce this act. “I appreciate the support of my colleagues in the Senate for working to pass this legislation,” Sen. Roberts told reporters. “The Alabama Senate has made it clear that we want businesses to focus on growing and expanding and not working to push any political agenda with left-wing ESG policies.” If a company engages in social activism banned by the legislation, it can’t do business with any local or state government. According to the bill, “This bill would prohibit a governmental entity from entering into a public contract for goods or services with certain companies or businesses that engage in the economic boycott of businesses in certain sectors and industries; that fail to meet or commit to meet certain environmental standards; that fail to meet or commit to meet certain corporate governance criteria; or that fail to facilitate certain activities.” Companies would have to sign a verification that it does not engage in boycotts of other companies and industries. Governments can opt out of this provision if they can prove that it would have an adverse economic effect on that government if they can’t do business with that company. The bill states, “The Attorney General shall seek to prohibit the adoption of federal laws, rules, regulations, bulletins, executive orders, or other federal actions that may penalize, inflict economic harm on, limit commercial relations with, or change or limit the activities of a company in the state or a resident of the state based on the furtherance of economic boycott criteria or other similarly oriented rating.” It also protects companies from state or local governments trying to pressure them company into adopting woke political action. “No company in this state shall be penalized, have economic harm inflicted on it, have commercial relations limited, or have the activities of the company changed or limited by a governmental entity because the company will not engage in economic boycotts; will not establish or implement policies, procedures, guidelines, rules, reports, products, services, notices, disclosures, or rates or pricing; will not provide or submit answers to surveys or other information requests or disclosures; will not invest in or divest of certain securities, stocks, bonds, bills, partnerships, or other investment arrangements; or will not initiate other corporate or business practices that further social, political, or ideological interests including, but not limited to, economic boycott criteria or other similarly oriented rating.” Sen. Rodger Smitherman said that the bill was unconstitutional. “I am trying to save you from yourselves,” Smitherman said. “You either don’t know the Constitution or don’t understand the Constitution.” “If you say that they don’t have free expression, you are going to lose,” Smitherman said. “I have been a constitutional law professor for 25 years. Doing something that is unconstitutional just because it feels good does not make sense.” “We have industry in our state that can be hurt by things going on nationally,” Roberts explained. “We are trying to put them in position so they can thrive. We are trying to make sure that they have access to the mother’s milk of capital in the future.” Sen. Bobby Singleton brought an amendment to the committee substitute of the bill. “It was given to me by the governor’s office,” Singleton said. “The finance department; they just wanted to make sure that they are protected in dealing with the state’s debt obligations.” Roberts accepted the Singleton amendment as friendly. “I think this is an anti-business bill,” Singleton said. “You are telling people that do business in the state of Alabama that you can’t have a social conscience.” “This is not a pro-business bill,” Singleton said. “Dan, you are wrong on this one. I will tell you, Dan, that you are wrong on this one.” “You can’t listen to Fox and decide what you are going to do,” Singleton continued. “We can’t be Florida 2.0. We won’t be able to recruit with this on the ground. This is a threat to business. If I don’t sign this paragraph, I can’t do business in Alabama.” Senate President Pro Tempore Greg Reed said, “This is a difficult topic. This is one that is at a national level that we have to deal with.” Roberts left after he learned that his friend, Pastor Harry Reeder, had died driving home from a meeting with Roberts and legislators. Sen. Sam Givhan then assumed the role of advocating for the bill. “We did have great dialogue,” Givhan said of talks with the Alabama business community on the bill. “We had businesses across the gamut in the state of Alabama. We sat down in a room with them, and they presented us with their redlines.” “They are never going to tell you no because they feel vulnerable,” Singleton said. “They know you can pass it anyway.” “They probably walk out of the room and cuss you out once they are out of the room,” Singleton said. “I am sure if they had their way, it would just go away.” Sen Robert Stewart said, “Corporations do have an obligation to be good actors.” Givhan responded, “Their job is to maximize shareholder wealth.” “Why are we trying to tell businesses what they can and can’t do even businesses we do not give incentives,” Smitherman said, “How do we make these God-like decisions? Just because we have authority does not mean that we are God.” Givhan explained the Singleton amendment. “Debt obligations – that is targeted at the bond market,” Givhan said. “There is not
Senate Committee advances legislation to allow some social workers to diagnose mental illness
The Alabama Senate State Government Affairs Committee voted to advance legislation allowing certain highly trained social workers to diagnose mental illnesses. House Bill 56 (HB56) is sponsored by State Representative Frances Holk-Jones. HB56 passed in the House 104 to 1. Holk-Jones explained that “Alabama is currently the only state that does not allow” these highly trained social workers to diagnose mental illness. “We are losing these social workers to other states,” Holk-Jones said. “This allows people to get diagnosed and treatment without traveling to see a medical professional,” Holk-Jones continued. Holk-Jones said that this would also enable people to get treatment via telehealth. Sen. Dan Roberts asked, “Is this the same bill that Senator Coleman Madison had that we passed out?” Holk-Jones said yes. The Senate version is SB109. SB109 has passed the Senate and has been referred to the House Health Committee. Sen. Robert Stewart said, “I want to say that I have a therapist. He is out of Maryland.” Stewart expressed his support for the bill and telehealth. Sen. Merika Coleman asked, “Has there been any pushback at all?” Holk-Jones answered, “No.” State Sen. Tom Butler chairs the Senate State Governmental Affairs Committee. The legislation expands the scope of practice of a licensed independent clinical social worker, including the authority to diagnose and develop treatment plans. “The scope of practice does not include the diagnosis, treatment, or provision of advice to a client for problems or complaints relating to conditions outside the boundaries of the practice of social work.” The legislation states that no individual may engage in the independent clinical practice of social work unless they satisfy all of the following: (1) Licensed is licensed under this chapter as a licensed independent clinical social worker; and. (2) Has a doctorate or master’s degree from a school of social work approved, accredited, or in candidacy granted by the Council on Social Work Education; and. (3) Has had two years of full-time or three years of part-time postgraduate experience under appropriate supervision in the specified social work method or four years of full-time or five years of part-time postgraduate experience under appropriate supervision in the specialty in which the applicant will practice. (4) Has passed an examination prepared by the board for this purpose; except that prior to the time that an examination is prepared by the board for this purpose, no person individual who otherwise meets the requirements of this section will be prohibited from engaging in the private independent practice of social work; and. (5) Has been issued by mail a certified letter of certification stating his or her qualification for private independent practice by the board; and. (6) Has paid an initial certification fee set by the board. “The terms diagnose and treatment, whether considered in isolation or in conjunction with the rules of the board, may not be construed to permit the performance of any act which a licensed clinical social worker is not educated or trained to perform including, but not limited to, any of the following: (1) Administering and interpreting psychological tests or intellectual, neuropsychological, personality, or projective instruments. (2) Admitting any individual to a hospital for treatment of any condition that is outside the boundaries of the practice of social work, as provided in subsection (b). (3) Treating any individual in a hospital setting without medical supervision. (4) Prescribing medicinal drugs. (5) Authorizing clinical laboratory procedures or radiological procedures. (6) Using electroconvulsive therapy. The state of Alabama has a significant shortage of mental health professionals. The Committee voted to give HB56 a favorable report without amendment. It could be considered by the full Senate as early as Tuesday. Through Friday, 618 bills have been introduced in the legislative session. Tuesday will be day 14 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
State Senate Committee advances election integrity bills
On Wednesday, the Alabama Senate State Governmental Affairs Committee advanced two bills designed to protect the integrity of Alabama elections. Both bills are sponsored by State Sen. Clyde Chambliss. Senate Bill 9 (SB9) would require that the state’s electronic voting counting system must require the use of a paper ballot that is marked and inspected by the voter prior to being cast and counted. The second bill, SB 10, prohibits the use of electronic vote counting systems that are capable of connecting to the Internet or cell phone networks or that possess modem technology. The State Government Affairs Committee is chaired by State Sen. Tom Butler. “We had both of these two bills last session,” Butler said. “They simply put into law things that we already do,” Chambliss said. “Paper ballots for voting. We do that, but it is not currently in the law.” State Sen. Dan Roberts motioned to give SB9 a favorable report. The Committee voted unanimously to give SB9 a favorable report. “This deals with internet modems on voting machines,” Chambliss said of SB10. “Obviously, if they have those connections, people can hack into the system and possibly influence the vote count.” “This puts our current practice into law,” Chambliss said. “Do we have problems with electronic voting in Alabama?” asked Sen. Merika Coleman. “I don’t know,” answered Chambliss. “This is trying to be proactive.” “We want to make it illegal for anybody to connect the electronic vote counting machines to the internet,” Chambliss explained. “If we had problems with voting, it is with the absentee ballot process,” Coleman said. “I was on the Electronic Voting Machines Task Force, and I started asking questions,” Chambliss said. “It is not policy to have modems on the counting machines. Policy is not strong enough for me. I want to put this into law. This is a bill that is looking forward. I don’t want to be reactionary.” “We have electronic vote counting machines. We do not have electronic voting,” Chambliss explained. “You have a point,” said Sen. Linda Coleman-Madison. “This is a trust issue. I have some trust issues myself. This is a good bill.” Sen. Robert Stewart asked if this legislation would prevent the state from adopting new technology. “It does not prevent changing to new technology, but it would prohibit a modem being in that machine,” Chambliss said. SB10 was given a favorable report on an 11 to 0 vote. Both bills are supported by Alabama Secretary of State Wes Allen, who was present to show his support and answer any questions the committee members might have. The legislation can be considered by the full Senate as soon as Tuesday, April 4, when the 2023 Alabama Regular Legislative Session resumes. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama prison reports inmate virus death, 13 positive cases
Robert Stewart, 80, died at a hospital Sunday.
