Steve Flowers: 20th anniversary of 9/11 terrorist attacks
This week marks the 20th Anniversary of the infamous 9/11 terrorist attacks on our nation. It was a day in your life where you remember where you were and what you were doing when you first heard of the attacks on the New York World Trade Center and Pentagon. It changed our world. Like most people, I thought the first plane that flew into the towering Trade Center, was an accident. However, when the second plane hit you knew it was not pilot error. It was traumatic and terrifying. I asked several of our state leaders their memories of that fateful day. Allow me to share some of their experiences. Today, only two members of our current congressional delegation were in Congress at the time: Senator Richard Shelby and Congressman Robert Aderholt. Our senior senator, Richard Shelby, was actually chairman of the U.S. Senate Intelligence Committee. He was immediately briefed by the CIA, however, amazingly, he was not placed in a protective bunker. He quietly sat in his office with his staff and watched the day unfold on television. Congressman Robert Aderholt, who was a brand new 33-year old congressman recalls he and his wife, Caroline, were taking their daughter to her first day of school while all the 9/11 events were unfolding. That daughter, Mary Elliott, is now a senior at Auburn. PSC President Twinkle Cavanaugh had just left Washington and was back home in Alabama getting ready for a conference call. The call was canceled, and she sat in shock all day. Gov. Kay Ivey shared her memory. She said it was a typical September morning. She was attending a conference and learned of the first plane flying into the tower while getting coffee. At first, the news did not seem too alarming. However, a few minutes later, when news of the second plane hit and videos appeared showing the large plane crashing into the World Trade Center, an awful feeling started to sink in for everyone as they realized our world was changing in front of their eyes. The Governor’s Chief of Staff, Jo Bonner, at that time was Chief of Staff to Congressman Sonny Callahan and later took that seat in Congress. Bonner was also at a legislative meeting in Montgomery. He was having breakfast at the Embassy Suites, and he watched the planes fly into the tower. Gov. Ivey’s new State Finance Director Bill Poole had recently moved back from D.C. a few weeks prior to enrolling in the University of Alabama Law School. He was in class and was concerned about young friends he had left behind in D.C. Ozark State Representative, Steve Clouse, was a young legislator and was in Montgomery eating breakfast at the Madison Hotel. State Senator Clay Scofield was a junior at Auburn University. He watched on television and recalls feeling sad, angry, and extremely patriotic. Lt. Governor, Will Ainsworth, was also a student at Auburn. He was in his apartment getting ready to go to class. Pardons and Parole Director and former State Senator, Cam Ward, was on a plane headed to Washington, D.C. while the events were unfolding. They were diverted to West Virginia to land and then informed of what had happened. State Senator Greg Reed was in his home office preparing for a business trip to Baltimore, Maryland. His wife, Mitzi, ran into his office a little after 9:00 and told him to come watch what was unfolding in New York. Needless to say, his trip was canceled. State Senator Clyde Chambliss was in an Autauga County Leadership meeting. Huntsville Mayor Tommy Battle was eating breakfast at a local restaurant in the Rocket City. State Treasurer John McMillan was head of the Alabama Forestry Association. They were at their annual meeting at the Perdido Beach Resort. Troy University Chancellor Jack Hawkins, a decorated Veteran of Vietnam, had just departed campus en route to Luverne on a communities tour. By the time they reached Montgomery, he said, “It was clear that America had been attacked. What began as a day of celebration concluded in Prattville as a day of mourning and patriotism.” Attorney General Steve Marshall had been serving as the district attorney for Marshall County for just over a month. He watched the events unfold on televisions in underground offices. It was his daughter’s 11th birthday, but his family did little celebrating on that day. Former Congressman Bradley Byrne was practicing law in Mobile. His law offices were in the same building as the FBI. They got their fully automatic rifles out and were guarding the building all day. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Steve Flowers: More summer political happenings
Allow me to again open my political notebook for more summer political happenings in the Heart of Dixie. As Labor Day approaches, it looks as though the state constitutional officeholders, all Republicans, are going to escape serious or even any opposition. Lt. Gov. Will Ainsworth, Attorney General Steve Marshall, and Agriculture Commissioner Rick Pate are running unopposed. However, all three are running aggressive campaigns or, as the old saying goes, are running scared. It looks as though State Treasurer John McMillan will not run for reelection and may opt to be head of the new State Cannabis Commission. Waiting in the wing to run for treasurer is former State Treasurer Young Boozer. He will be a prohibitive favorite. He did an excellent job as Treasurer and remains very well thought of in Montgomery circles. The Secretary of State and Auditors jobs are open with no incumbents able to run. Surprisingly, state representative Wes Allen is the only one running for Secretary of State. He dodged a bullet when Birmingham businesswoman, Laura Johnston Clark, opted to not run. The State Auditor’s race has attracted several candidates. A recent entry is Mobilian Rusty Glover. He is a popular former state representative and state senator who ran statewide for lieutenant governor last time. He will be the favorite. I have never seen anyone who has ever met and visited with Rusty one-on-one who does not like him. The big money in next year’s election will be on the state legislative races. All 105 State House seats and all 35 State Senate races will be on the ballot. All 140 seats will have new lines. They may all be similar, but all will have to deviate to some degree. They will be drawing these new lines in a special reapportionment legislative session in late October or early November. The final census numbers just arrived within the last few days. This redistricting session is vitally important to all legislative incumbents. It is about political self-preservation. Redistricting also impacts the impending race for Speaker of the House, which will be determined shortly after the November 2022 General Election during the January 2023 organizational session. Current House Speaker Mac McCutchen announced during the summer that he was not running for reelection. This immediately set in motion a jockeying for position to be the next Speaker. The two candidates that are emerging are Steve Clouse (R-Ozark) and Nathaniel Ledbetter (R-Dekalb County). The race will be decided within the Republican House caucus. The House currently has a super majority, with 75% of the body being Republican. This GOP dominance will continue or may even be enhanced after reapportionment. Steve Clouse is a 27-year veteran of the House. He is the powerful Chairman of the House Ways and Means General Fund Committee. Nathaniel Ledbetter is a popular, folksy, keen, second-term representative who is the House Majority Leader. Both candidates start with a hard-core base of votes from legislators from their neck of the woods. Ledbetter has a rock-solid base from the northeastern corner of the State and Sand Mountain. Clouse has steadfast support from southeast Alabama and the Wiregrass. The race will probably be determined by the more populous delegation of legislators from the metropolitan areas of Jefferson/Shelby and Mobile/Baldwin. Ledbetter has the backing of retiring Speaker McCutcheon of Huntsville and probably has an advantage in the Madison/Limestone delegation. However, Ledbetter’s ace-in-the-hole may be that as Majority Leader, he is helping raise campaign money not only for incumbents but, more importantly, the 20 to 25 new members who are being elected next May. If it comes down to a straight, all north Alabama versus south Alabama race, that gives Ledbetter a leg up because there are more people and legislators from north Alabama because that is where the population is, as the current census numbers reveal. However, if a geographic war develops, look for the Montgomery River Region Republican legislators to side with south Alabama and Clouse. Again, the Jefferson/Shelby and Mobile/Baldwin delegations may very well be where the race is decided. The Jefferson/Shelby legislators from the upscale urbane districts will favor Clouse’s experience in a private vote. This same advantage will accrue to Clouse in the silk-stocking Mobile/Baldwin districts. Veteran Mobile legislator Victor Gaston, who is also Speaker Pro Tem of the House, is running for reelection probably to help elect Clouse as Speaker. They are very close and dedicated friends. Victor is very respected and may very well bring some Mobile legislators with him. 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.
Thad McClammy, 78, dies of natural causes
An Alabama state representative died Saturday of natural causes, the House of Representatives said in a news release. State Rep Thad McClammy, a Democrat from Montgomery, died of natural causes, the statement said. He was 78. McClammy was first elected to the Alabama House of Representatives in 1994 to represent District 76, which includes east, south, and western sections of the city of Montgomery. A graduate of both Alabama State University and Auburn University at Montgomery, he was a real estate broker and developer. “The people of District 76 have lost not only their champion in the House but also a very fine man, and I’ve lost a friend,” House Speaker Mac McCutcheon, R-Monrovia, said. “I was honored to serve with Thad and watched how he took care of the people in his district every day. My wife Deb and I send our heartfelt condolences to his family.” Gov. Kay Ivey ordered flags lowered in honor of McClammy. “Thad was a great man and loyal Democrat who served his constituents well. We express our deepest condolences to his family and friends. He will be truly missed,” the Alabama Democratic Party said in a statement. McClammy was chairman of the Montgomery County Legislation Committee and served as the ranking minority member on the House Judiciary Committee and the House Military and Veterans’ Affairs Committee. He also served on the House Financial Services Committee. McClammy was always gracious and solution-oriented, said Republican Rep. Steve Clouse, who was elected to the House the same year as McClammy. “He was just a great guy, he was always very friendly and tried to find a solution and not be divisive,” Clouse said. Funeral arrangements are pending. Republished with the permission of the Associated Press.
Chris England calls for ADOC commissioner Jeff Dunn to be fired
State Rep. Chris England has become yet another leader to speak out about issues within the Alabama criminal justice system, Al.com reported. England took to Twitter on Sunday and called for Alabama Department of Corrections Commissioner Jeff Dunn to be fired. Gov. Kay Ivey and other state leaders have been pushing the construction of new correctional facilities to reduce prison overcrowding and violence. In June, the deadline for investors to come aboard Ivey’s prison lease plan passed with no takers. Ivey proposed a plan to have private companies build three prisons and charge the state millions in annual rent to house prisoners in them. The Alabama Department of Corrections is currently being sued by the U.S. Department of Justice over conditions in the state prisons, saying the state is failing to protect male inmates from inmate-on-inmate violence and excessive force at the hands of prison staff. Just this month, Dunn asked federal officials if COVID-19 funds could be used to improve state prisons with “better, enhanced, and/or extended infrastructure.” England Tweeted, “Let’s start with the obvious. ADOC Commissioner Jeff Dunn needs to be fired. 10 men have died in prisons THIS MONTH. Well, 10 that we know about. Not only, is the ADOC poorly managed, they routinely hide information so it’s hard to know what’s going on.” England stated, “What will it take for us to realize that Alabama’s criminal justice system is broken and it is going to take more than new buildings to fix it? We got federal lawsuits, corruption in ADOC, people dying daily in our prisons and a pardons and paroles system that doesn’t work.” State Auditor Jim Zeigler has also been a vocal opponent to Ivey’s plan for mega prisons. Zeigler commented, “The Ivey plan would have forced Alabama taxpayers to pay rents starting about $94 million a year and going up to about $106 million. At the end of 30 years, the state would own equity in the prisons of zero. No equity. That was a bad business plan. The Ivey plan did not address the problems in the prison system – the safety of staff and other inmates, overcrowding, mental health, suicide, recidivism, and inadequate job training. The plan merely threw $3.6 billion of taxpayer money into rented buildings.” Zeigler, along with more than a dozen organizations, sent a letter to Ivey in January, opposing the mega-prison plan. Representatives Rich Wingo, Arnold Mooney, and Steve Clouse all expressed concerns about the plan as well. Clouse, who chairs the budget committee, said, “there are a lot of questions that the Legislature would like answered.” Part of the letter Zeigler sent to Ivey stated, “Our prisons are unconstitutional not because they are in need of repair, but because the ADOC is the most dysfunctional department of corrections in America. The DOJ has targeted our prisons because they are racist and violent. Are we supposed to believe that the same department that got us into this mess will run functioning prisons just because they get new buildings? “Even if building modern facilities addresses some concerns, it is unlikely to take us out of the DOJ’s crosshairs. The best use of taxpayer dollars cannot be to pursue the action most expensive and least likely to avoid federal intervention—paying $2.6 billion to rent 3 prisons. Why have there been no known attempts to determine the cost of pursuing the DOJ’s actual recommendations?”
Steve Flowers: Prison issue unresolved
There were two major issues not resolved during the just-completed regular legislative session. Gambling and prisons were left on the table and up in the air. It is foolish to not address a resolution to get some revenues for the state from gambling which currently exists in Alabama. However, it is not imperative that the problem be solved. The prison problem is another question. It has to be addressed. The federal courts will take over Alabama’s prisons and tell the governor and legislature what to do to alleviate the crisis. The federal courts will win that fight every day of the week. They will act and give the legislature the bill for the expenses. It is happening now in California, and the same scenario happened in Alabama five decades ago during the George Wallace versus Frank Johnson era. Judge Johnson prevailed and told Alabama what to do with prisons and sent them the bill. The legislature, governor, and U.S. Justice Department agree that Alabama has to have three new prisons to alleviate unconstitutional overcrowding. The governor proposed privatizing leasing three new men’s prisons. Governor Kay Ivey and the Alabama Department of Corrections proposed a lease project as the solution to replace many of Alabama’s aging overcrowded and understaffed prisons. In February, Ivey signed a 30-year lease agreement for two of the three new prisons unilaterally, without legislative authority or input. The national firm, Core Civic, was chosen to receive the lease agreement and to build new prisons in Elmore and Escambia counties. However, the privatization plan has been thwarted by the Private Prison Firm’s inability to garner financing. In May, Bloomberg News reported that all three banks that were to finance the venture were backing out completely. The lease plan expired on June 1. Therefore, the route that legislative leaders prefer is that the state owns the prisons and pass a bond issue to pay for them. Legislative leaders, primarily and importantly Finance Committee Chairmen Steve Clouse of Ozark and Arthur Orr of Decatur, believe that there needs to be a Special Session called by Governor Ivey to address the building of three new men’s prisons and floating a bond issue to pay for them with the state owning the prisons. Representative Clouse has brought up another valid reason for there to be a Special Session regarding prisons. The state received guidelines in the waning hours of the session from the Treasury Department on using the four billion dollars Alabama is expected to receive for state and local governments under the American Rescue Plan passed by Congress. The legislature will be the appropriator of that money. It may well could be used by the state for prisons. Another factor that will be on the table are the locations of the prisons. A change from the lease plan to a prison bond issue would probably alter the locations to land already owned by the Department of Corrections. This land is available and was actually purchased adjacent to the current prisons at the time new prisons were last built over three decades ago during the last Wallace Administration. This land around the prisons was purchased for future expansions. During the planning, a blue-ribbon study commission was hired to determine the best locations for the prisons. The commission suggested that they should be near the metropolitan areas of the state. Wallace looked at the proposal and said that looks good, but I think we will probably put those prisons in Barbour County. Gov. Wallace’s home county was Barbour. The bottom line is that the prison lease plan proposed by the governor is dead. The other given is that new prisons have to be built to address a myriad of problems that have been outlined in the Justice Department suit. This issue has to be addressed. Therefore, it looks imminent that at least two Special Sessions are in store for this year – one on reapportionment of legislative and congressional districts and one on prisons. We lost our oldest past governor, Gov. John Patterson, on June 5. Gov. Patterson passed away at his ancestral home at age 99, surrounded by his family. Patterson was governor from 1959-1963. He defeated Gov. Wallace in the 1958 Governor’s Race, which featured a field of 14 candidates. Patterson was attorney general of Alabama prior to being elected governor. See you next week. Steve Flowers is Alabama’s leading political columnist. His column appears in over 60 Alabama Newspapers. Steve served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Steve Flowers: Session ends, gambling left on the table
The 2021 Legislative Session is in the books. I would rate it a success. When you pass budgets that are balanced, any session is a success. In fact, the only constitutional mandate given to the legislature is that they pass the two budgets. The amazing revelation that is almost difficult to comprehend is the fact that both the General Fund and the Educational Fund budgets were not only status quo but were flush with growth coming out of a year of the COVID pandemic. State employees and teachers both received raises in the budgets. Alabama is one of the few states in America that has not been devastated financially by the pandemic. A lot of credit for this good fiscal stability goes to the Chairmen of the Budget Committees in both the House and Senate. They have worked and strived diligently to pass conservative budgets with reserve accounts that have allowed the state to avoid rainy days. The state owes a debt of gratitude and a tip of the hat to House Budget Chairmen Bill Poole (R-Tuscaloosa) and Steve Clouse (R-Ozark) and Senate Finance Chairmen Arthur Orr (R-Decatur) and Greg Albritton (R-Escambia). The Legislature dealt with a lot of high-profile issues. Not the least of which was the perennial issue of allowing doctors to prescribe medicinal marijuana for pain for their patients. This prescription has been allowed for years in many states. Now, Alabama doctors will be able to prescribe this medication to their patients. The gambling issue dominated the entire session. The state Senate passed the gambling proposal to send to the people for a vote. However, it failed in the House of Representatives. It is a Constitutional Amendment and therefore needs 21 votes in the 35-member State Senate and 63 votes in the State House of 105 member representatives. It does not even go to the governor for a signature but goes straight to the ballot. The governor is very much for this initiative. However, it probably needs to be dealt with in a special session for it to pass. Governor Kay Ivey needs to really promote the issue in a special session where it is the only issue dealt with and focused on. She has plenty of time. The Amendment, if approved by legislators, is not set to be voted on until the November 2022 General Election. This proposed constitutional amendment is a very all-encompassing gambling plan. It institutes a lottery, authorizes sports betting, and legalizes casinos around the state. It is a constitutional amendment that will also be exact and detailed and with authoritative gambling policy enforcement procedures. This regulation of gambling has been needed for years because we already have gambling in Alabama. The new state gambling regulatory commission would oversee the lottery, as well as the five existing casinos in Macon, Mobile, Greene, and Jefferson counties, and one yet to be determined in Northeast Alabama. This new location would be in the pristine Northeast Alabama mountains and would be given to the Poarch Band of Creek Indians. It would have the potential to be a destination tourist attraction. The Poarch Creek casinos would continue to be regulated by federal statutes, but the state would be enabled to enter into a compact with the tribe for Class III table games. All lottery revenue would be directed to education, including scholarships for higher education and trade schools and a loan forgiveness program for graduates who locate back in Alabama. The annual revenue from casinos and sports betting would be divided for several uses. Almost 50% would be up to the legislature to appropriate toward capital or other non-recurring expenses. Forty percent would be earmarked for “enhanced health care services,” and 10% would be divided among counties and cities for “Capital or other non-recurring expenses.” Under the legislation, for all gambling revenue, up to 5% would be set aside for initiatives to help problem gamblers. This legislation pretty much tracks the recommendations of Governor Kay Ivey’s proposal and actually does not even require her signature. She was very prominently lobbying for its passage and will endorse its ratification by Alabama voters. It will reap a significant amount of revenue for the State of Alabama. You may very well see it come up again this year in a special session. 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.
Kay Ivey signs bill enacting pay raises for teachers and state employees
Kay Ivey on Tuesday signed two important pieces of legislation: Senate Bill 188 and House Bill 320. These two bills raise teacher and state employee pay. Governor Ivey proposed a two percent pay increase for the state’s K-12 and higher education officials, as well as state employees during her state of the state address this year. Ivey stated, “If this pandemic has taught us anything, it reinforced what we already knew – teachers are vital to our student’s learning, and our state employees keep government services operational for the people of Alabama. I am proud to sign this well-deserved pay increase to our educators and state workers. I commend Education Trust Fund chairmen Sen. Arthur Orr and Rep. Bill Poole, General Fund chairmen Sen. Greg Albritton and Rep. Steve Clouse, along with the entire Alabama Legislature for their hard work and for approving this raise. It is both fiscally wise and simply the right thing to do after a hard year. “As we head into the summer months, and the pandemic continues to ease, we need to do everything we can to support our teachers and educational support staff to ensure that we can fully return to classrooms in the fall. Alabama schools have shown the rest of the nation that it is possible to be safely back in the classroom, while carrying on the important work of providing Alabama’s children a chance for a promising future. I look forward to continually offering my support to ensure that Alabama students remain on track and moving ahead.” She posted on Twitter, “I just signed Senate Bill 188 & House Bill 320 into law, making teacher & state employee 2% pay raises official!” I just signed Senate Bill 188 & House Bill 320 into law, making teacher & state employee 2% pay raises official! Read my full statement here: https://t.co/g8cpiR5zzA #alpolitics #TeacherAppreciationDay #PublicServiceRecognitionWeek — Governor Kay Ivey (@GovernorKayIvey) May 4, 2021
Medicaid expansion incentives under review
Alabama Republicans for years have opposed expanding Medicaid eligibility. Now, they may be cracking the door. Alabama Gov. Kay Ivey and legislative leaders said they are reviewing details of the nearly $2 trillion coronavirus relief package that includes new financial incentives for the states that have opted against expanding Medicaid to provide health coverage for more low-income Americans. A spokeswoman for Ivey said the governor is “open to the discussion” on expansion but that state leaders need additional information about the long-term cost projections. “Ensuring every Alabamian has access to quality health care is important to the governor and always has been a priority of hers. However, as she has made clear, the problem has always been how to pay for it. She is open to the discussion, but right now, we simply do not have all the facts,” spokeswoman Gina Maiola said. Alabama is one of 12 states that have taken no action toward expanding Medicaid eligibility under the Affordable Care Act. Previous studies have estimated that expansion would add around 300,000 people to state Medicaid rolls. Republican leaders have in the past expressed opposition to expanding Medicaid, at times citing both political opposition to the Affordable Care Act passed under former President Barack Obama and concerns about cost. Medicaid expansion under the Affordable Care Act allows people with family incomes less than 138% of the federal poverty limit— or around $17,000 for an individual and $29,000 for a family of three to qualify for Medicaid. Currently, Alabama’s Medicaid program covers very few able-bodied adults. “The bulk of the people who will gain coverage are people who are working,” said Jim Carnes, a policy analyst with Alabama Arise, an advocacy group for low-income Alabamians. Already, the federal government would pick up 90% of the cost of the expansion. A 2019 study by a University of Alabama at Birmingham projected the state’s cost would be about $250 million per year, but that the state would see a resulting boost in economic activity. The federal relief bill offers a new incentive by giving states a 5% boost to the federal match over the next two years for the people they currently cover. Democrats in the Alabama Senate have estimated that would generate an additional $900 million for the state. “I just want to say to Governor Ivey, if not now, when?” Senate Minority Leader Bobby Singleton said in the press conference. “I don’t care if we call it ObamaCare. We could call it Kay-Care. It could be Alabama Health Care. We need to expand Medicaid and the time to do it is right now,” Singleton said. Dr. Don Williamson, president of the Alabama Hospital Association, said the calculations are complex because of the intricacies of how Alabama funds Medicaid. The cost will also depend on how many people are added to the rolls. “To me, the most important thing that Medicaid expansion does is it absolutely improves health outcomes. You get earlier cancer diagnosis. You get lower infant mortality rates. You get earlier diagnosis if diabetes,” Williamson said. State Rep. Steve Clouse, the chairman of the Alabama House of Representatives general fund budget committee, said state officials are trying to gather information about the incentives and what would be the state’s share of costs in the long run. Sen. Greg Albritton, the chairman of the Senate budget committee, expressed some skepticism about the incentives. He said the incentives sound enticing but said the state has “got to have the answers” before making a commitment. “I’m not surprised this would be the same old song, the same old dance. … Buying a new car now. Nothing down, but the payment is due in two years,” Albritton said. Senate President Pro Tem Greg Reed said the analysis will continue over the coming weeks. The 12 states that have held out against the Medicaid expansion are: Alabama, Florida, Georgia, Kansas, Mississippi, North Carolina, South Carolina, South Dakota, Tennessee, Texas, Wisconsin and Wyoming. Republished with the permission of the Associated Press.
Steve Flowers: Will legislature allow Alabamians to vote on gambling revenue for state
In 1998 Governor Don Siegelman ran for Governor of Alabama on a platform of proposing that his administration would enact legislation creating a state lottery. It would be patterned after Georgia’s lottery, which gave the bulk of the proceeds to an educational fund. That was over two decades ago. Our neighboring state of Georgia has reaped billions of dollars from their lottery in the last three decades, which has allowed them to outdistance us by a country mile in educating their children. A good many of those Georgia students attend college in their state free under the Hope Scholarship Program funded with these lottery dollars. A substantial amount of these funds going to Georgia students come from Alabamians who buy Georgia Lottery tickets. Siegelman proceeded to push this lottery program through the legislature and placed it on the ballot for a referendum in 1999. It was poised to pass. However, in the waning days of the referendum campaign, the Mississippi Choctaw Indian Gambling Syndicate placed millions of dollars of misleading information and ads into the state to defeat the referendum avoid competition. They narrowly defeated the Alabama referendum. The state has lost untold billions in revenues to our sister states of Georgia, Mississippi, Tennessee, and Florida in the last 20 years. You can bet your bottom dollar that if a lottery referendum were put on the ballot now or in 2022, it would pass in a New York minute. Even the most conservative folks in our state would vote for it, if for only one reason – they are sick and tired of their money going to our neighboring states to fund their schools, roads, and prisons while we go wanting. Last year, one of the legislature’s most respected and influential members, Steve Clouse (R-Ozark), offered a lottery bill. It might have passed, however, he acquiesced to Governor Kay Ivey who wisely said let’s look at all the alternatives. She did the right thing to look at the big picture. A simple lottery is outdated. We missed the boat 20 years ago. Gambling has evolved technologically like the rest of the world. If there was big money for the state to garner 20 years ago, it has multiplied by more than 20 times in those years. Therefore, the Governor says, “Let’s look at the big picture and if we are going to do it, let’s do it right and get a really good bite of the apple.” She appointed one of the most stellar blue-ribbon panel of Alabamians ever assembled to study all aspects, parameters, and revenues available from gambling. Governor Ivey’s study group on gambling policy came back with their recommendations in December. Their study shows that Alabama could raise between $500 million and $700 million from a lottery, casinos, and sport betting if voters approved a constitutional amendment expanding gambling in the state. The group said that gambling will work in Alabama and their conclusion was that the advantages outweigh the disadvantages. The advantage would be tremendous new revenue for the state plus creation of new jobs. A disadvantage would be the costs surrounding mental health, social and legal problems from those that develop gambling disorders. They found that 60% of Alabama’s adult population would likely participate in expanded gambling and about 3% would become compulsive gamblers which would cost the state. The study group found that a lottery would raise an estimated $200 to $300 million. In addition, casinos could raise $300 to $400 million. The new gambling revenue could raise as much as one-third of the General Fund budget. The expansion of legalized gambling could create 19,000 jobs in Alabama. In conclusion, they were adamant that there should be a regulatory authority to regulate, administer, and enforce the laws. This regulatory commission should make sure laws and regulations are adhered to and should be flexible, protective of consumers and responsive to technology, and be competitive in payouts unlike the current Indian casino monopoly in the state. This Creek Indian Gambling Syndicate has garnered a lot of political muscle in the state legislature and they will be the largest obstacle that will stand in the way of a constitutional amendment reaching the voters in Alabama. Hopefully, the legislature will see fit to allow the people of Alabama the right to vote on whether or not they want to reap the rewards of gigantic gambling dollars. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Steve Flowers: Legislative session begins
As the 2021 Regular Legislative Session begins, you will see new leadership in the state Senate. Republicans dominate both chambers, overwhelmingly. They have a supermajority and dominate all issues and the budgeting process. They acknowledge the handful of Democrats, but really never give them any say in decision making. Therefore, the leadership is determined within the Republican caucus. President Pro Tem, Del Marsh, decided in late November to step down from the all-powerful position of President Pro Tem of the Senate. Marsh had announced a few months earlier that he would not run for reelection to his Anniston based Senate Seat in the 2022 Elections. Many Montgomery insiders had foreseen this change in leadership for a while. The succession of state Senator Greg Reed of Jasper to the Pro Tem leadership of the Senate post was expected, as was the ascension of Senator Clay Scofield of Marshall County to the Majority Leader position. Greg Reed’s anointment to the omnipotent President Pro Tem position is a natural transition for the Alabama Senate. He is a real leader and well respected by his colleagues. This progression has been in the works for a while. Reed is a perfect choice to lead the Alabama State Senate. He is very organized and meticulous with excellent planning and organizational skills. Senator Clay Scofield is one of the most likeable people in the Senate. He is very jovial and friendly but deceptively effective. He is a young, prominent farmer from Sand Mountain and he will be a great Majority Leader. First-term State Senator Donnie Chesteen of Geneva/ Houston is doing a yeoman’s job working to expand rural broadband in the state. He served eight years in the House before moving to the Senate in 2018. The Democrats may have a superstar emerging in the Senate with Kirk Hatcher of Montgomery. Hatcher is in his first term in the Alabama House. When Senator David Burkette left the Montgomery Democratic Senate Seat last year, an open race to fill the seat began. Hatcher entered and led a six-person field with an impressive 48%. Second place finisher, veteran former Representative, John Knight, could barely muster 20%. Hatcher finished Knight off in a December runoff. Kirk Hatcher joins his fellow Morehouse graduates, Mayor Steven Reed and Probate Judge J.C. Love, as the new, young leadership of Montgomery. This triumvirate cadre of leaders all grew up together in Montgomery. All three went off to Morehouse and came home to lead their city. They are an impressive threesome. Democrats in the House and Senate would like to see early voting and absentee voting made easier in Alabama. However, their efforts to allow early voting or no-excuse absentee voting faces a dismal outlook in the GOP controlled legislature. The state saw an amazing record-breaking 318,000 absentee ballots cast in the November election. The previous record was 89,000. The rules were loosened by Secretary of State John Merrill due to the COVID-19 pandemic. More than a dozen counties opened courthouses on Saturday for people to cast in-person absentee ballots. State Representative Chris England, who also chairs the Alabama Democratic Party, has opined that the long lines and extensive absentee ballot voting shows that people want opportunities to vote early. England and House Democratic Leader Anthony Daniels of Huntsville will push for change in the state voting laws that give Alabamians the opportunity to vote early, permanently. Daniels and England are young superstars to watch. Chris England gets his leadership abilities honestly. His father is legendary Tuscaloosa Circuit Judge and former State Supreme Court Justice and University of Alabama Trustee, John England. The apple does not fall far from the tree. Chris is also a prominent Tuscaloosa lawyer in his own right. The House leadership will remain intact and continue their well-organized operating procedures. Speaker Mac McCutcheon is mild mannered, gentlemanly, and well-liked. He and the popular Republican Majority Leader Nathaniel Ledbetter from DeKalb County work well together in organizing the super Republican Majority House of Representatives. Veteran Mobile Legislator Victor Gaston is steady as Pro Tem. The glue that holds the House together and makes it successful are the two Budget Chairmen Steve Clouse of Ozark and Bill Poole of Tuscaloosa. Clouse and Poole have chaired the House Ways and Means Committees for almost a decade. They do an excellent job. Both budgets originate in the House. 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.
Alabama governor leases CoreCivic prisons in $3 billion plan
Gov. Kay Ivey agreed on Monday to lease two mammoth prisons as a partial solution to the state’s troubled correction system, over the objections of some legislators and advocates who warn that her $3 billion plan won’t resolve chronic violence and severe understaffing woes. The governor signed two 30-year lease agreements with separate entities of CoreCivic, one of the nation’s largest private prison companies. The prisons will be built in Tallassee and near Atmore. The governor’s office is negotiating with another company to build a prison in Bibb County. While President Joe Biden has ordered the federal system to eliminate the use of private prisons, these facilities will only be built and owned by private companies. They’ll be operated by the state Department of Corrections and staffed by state workers. Together, the two prisons being built by CoreCivic will house 7,000 inmates. Ivey called the new prisons “the cornerstone” of improving the state’s troubled system, replacing aging prisons that are costly to maintain. Once all three prisons are built, they could properly house about half of Alabama’s current prison population. “Leasing and operating new, modern correctional facilities without raising taxes or incurring debt is without question the most fiscally responsible decision for our state, and the driving force behind our Alabama solution to an Alabama problem,” her statement said. “We are improving public safety, providing better living and working conditions, and accommodating inmate rehabilitation all while protecting the immediate and long-term interests of the taxpayers.” Some legislators and advocacy groups disagree, complaining about her plan’s cost and lack of transparency, and warning that new buildings alone won’t fix the problems. “Alabama is about to spend 3 billion dollars over 30 years on building new prisons that won’t fix the problems within our prison system,” tweeted Rep. Chris England, a Democrat from Tuscaloosa. “Also, as a reminder, after paying the money, at the end of 30 years, we won’t own either the buildings or the land they sit on.” The U.S. Department of Justice sued Alabama in December over prison conditions, saying the state is failing to protect male prisoners from inmate-on-inmate violence and excessive force at the hands of prison staff. Rep. Steve Clouse, who chairs the House budget committee, said he’s disappointed. Clouse said lawmakers expected the leases to cost about $88 million per year but information from Ivey’s office indicated the annual cost would rise from $94 million to $108 million, and total about $3 billion over 30 years. The governor’s office did not release financial details and said the total cost will become available “once financial close is achieved with CoreCivic.” Clouse said he had urged the governor to issue a bond so that Alabama could build and own the prisons. Previous legislation had failed amid political disagreements over closing existing prisons and the local jobs they provide. A group of advocacy organizations said paying such huge sums to CoreCivic won’t solve underlying problems of understaffing, violence, mismanagement, and overcrowding. They’re calling instead for solutions such as sentencing reform to ease crowding behind bars. “It is astounding that Governor Ivey is prioritizing fiscally irresponsible and devastating contracts for prisons that do not address our most urgent needs as Alabamians,” the American Civil Liberties Union of Alabama, Alabama Students Against Prisons, the Ordinary Peoples Society, and others wrote in a letter to lawmakers. Republished with the permission of the Associated Press.
Email Insight: Jim Zeigler and coalition of activists oppose mega prisons, call on legislature to audit Department of Corrections
Jim Zeigler has been outspoken on his belief that Governor Kay Ivey’s plan to build 3 mega prisons is a costly mistake that Alabama shouldn’t make. In a recent op-ed, Zeigler stated, “Governor Kay Ivey is just days away from signing contracts that will saddle taxpayers with a minimum $2.6 billion bill for leasing three new mega-prisons for 30 years. In the end, we will own equity in the prisons of exactly ZERO. The companies that held these lucrative leases will own the prisons, and we, the taxpayers, will have to start completely over and pay for the prisons a second time – pay 100% again.” Ivey’s plan would create three mega prisons, each housing around 10,000 inmates and would force the closure of several existing prisons. Representatives Rich Wingo, Arnold Mooney, and Steve Clouse have all expressed concerns. Clouse, who chairs the budget committee, said, “there are a lot of questions that the Legislature would like answered.” Zeigler has called for an independent audit of the Alabama Department of Corrections. Now 13 citizen groups support his audit request. Here is the letter they are sending to Kay Ivey and the Alabama legislature. Alabama is Getting Swindled For Billions 1/29/21 To the Alabama State Legislators: We are a coalition of people, communities, and organizations committed to stopping the ill-conceived construction of prisons being forced upon Bibb, Elmore, and Escambia counties. We are made up of communities of farmers and activists in each of those counties, more than a dozen organizations and churches across the state, and nearly 300 Alabama students from 28 colleges, universities, and law schools, writing to you in opposition to Governor Kay Ivey’s attempt to spend $2.6 billion on three new mega-prisons without a shred of transparency. We are Communities Not Prisons, and our futures depend on your immediate action. It is no secret that barring significant action, our prisons will remain unconstitutional—ensuring a federal takeover by the Department of Justice. It is equally clear that our prisons are in need of long-overdue maintenance. But Governor Ivey and Commissioner Dunn have elected to pursue a multi-facility mega-prison construction project that will address only a small aspect of the overall criticisms from the Department of Corrections. Throughout the entire process, they have acted behind closed doors, keeping the public and even you—our elected leaders—entirely in the dark. The DOJ report on Alabama prisons details 5 pages of actions Alabama could take to become compliant with the 8th Amendment prohibition on “cruel and unusual punishment.” Not a single recommendation mentions new construction. Though part of the DOJ lawsuit does highlight infrastructural deficiencies, these primarily could be addressed by installing more cameras and repairing broken locks. If a cost estimate for implementing these minimum infrastructural repairs has been done, the people of Alabama deserve to know about it. The quality of our current facilities, however abysmal, is a minor concern in comparison to the core reasons our prisons are unconstitutional—violence stemming from a dysfunctional Department of Corrections, chronic understaffing, and poor leadership. Our prisons are unconstitutional not because they are in need of repair, but because the ADOC is the most dysfunctional department of corrections in America. The DOJ has targeted our prisons because they are racist and violent. Are we supposed to believe that the same department that got us into this mess will run functioning prisons just because they get new buildings? Even if building modern facilities addresses some concerns, it is unlikely to take us out of the DOJ’s crosshairs. The best use of taxpayer dollars cannot be to pursue the action most expensive and least likely to avoid federal intervention—paying $2.6 billion to rent 3 prisons. Why have there been no known attempts to determine the cost of pursuing the DOJ’s actual recommendations? With growing needs for investments in healthcare, including mental health, and the additional burden that COVID-19 has placed on critical departments, as we heard outlined in this week’s budget hearings from the leadership of the Department of Public Health, Department of Mental Health, and the Alabama Medicaid Agency, it is astounding that Governor Ivey is prioritizing fiscally irresponsible and devastating contracts for prisons that do not address our most urgent needs as Alabamians. While we understand the need for action and the difficulty of legislating around prison issues, we do not accept the degree of secrecy under which this plan has developed. Governor Ivey has attempted to act unilaterally and has refused to answer the legitimate questions of her constituents. The people of Alabama have had no say in this. Residents in Tallassee and Brierfield, where two of the prisons will be built, have been opposing this plan for months. Governor Ivey has made it clear that our farmers and rural communities do not matter to her. This is not how Alabama works. This is not how America works. This is tyranny, not democracy. It is past time for our legislators to intervene. We demand more information through an independent and transparent assessment of the Alabama Department of Corrections before Alabama is strapped into this expensive, irreversible plan. Without an audit, we risk torching a significant portion of our already strapped discretionary spending. Furthermore, due diligence has not been exercised to determine the environmental impact of these proposed prisons. Basic questions about wastewater treatment, water sourcing, storm runoff, additional infrastructure, and more have not been answered, even when local residents have asked about them. This is unacceptable and irresponsible. We demand the legislature do everything in their power to intervene in this process and stop Governor Ivey from trapping us into a 30-year mistake. We demand Governor Ivey immediately stop her assault on farmers and the rural communities whose homes and livelihoods will be destroyed if these contracts are signed and these prisons are built. We are calling on you, our leaders, to intervene. Alabama cannot move forward with this plan. We implore you: do everything in your power to delay these contracts from being signed. You are the last line of defense against this anti-democratic process and appalling executive overreach. Sincerely yours, Block the Brierfield Prison No Prison for Tallassee Alabama Students Against Prisons The
