Senate passes legislation to ban exhibition driving
On Thursday, the Alabama State Senate voted in favor of legislation outlawing street racing and other forms of exhibition driving, such as tire burnouts and doing donuts with a motor vehicle. Senate Bill 58 (SB58) is sponsored by State Sen. Rodger Smitherman. Smitherman is a Democrat from Birmingham. “In our area, we have had four people killed,” from racing Smitherman said. “Currently, all you can do is misdemeanors. Sen. Will Barfoot spoke in support of the legislation. “This really does give law enforcement the option to really clamp down on this,” Sen. Barfoot said. Smitherman said, “My house sponsor is Rep. Treadaway.” Smitherman explained that Rep. Allen Treadaway, the former City of Birmingham Deputy Police Chief, is sponsoring the same legislation in the Alabama House of Representatives. “I don’t have a problem with the House bill,” Smitherman said. “It is the same bill.” “There have been several instances of people getting hurt through this dangerous driving,” Barfoot said. “I have been almost run over,” said Sen. Shay Shelnutt. “I have seen this problem personally in our county.” The Alabama Big 10 Mayors have endorsed legislation to impose criminal penalties on exhibition driving. “Exhibition driving” is when a driver purposefully drives intentionally to create unnecessary engine noise, tire skids, burnouts, and other dangerous and dangerous and damaging driving techniques. This growing problem across Alabama cities creates a public safety hazard for pedestrians and other drivers while draining limited law enforcement resources. A first violation shall be guilty of a Class C misdemeanor. A second or subsequent violation shall be guilty of a Class B misdemeanor. In addition, the court may prohibit the person from driving a motor vehicle on the public highways of this state for a period not exceeding six months. If a person operating a motor vehicle violating this ban causes bodily injury to another individual, or the offense proximately causes damage to any property, the person shall be guilty of a Class A misdemeanor. In addition, the court shall prohibit the person from operating a motor vehicle on the public highways of this state for a period of six months. If a person commits a violation of this ban and, in the commission of this act, causes serious physical injury to a person other than the driver, the person shall be guilty of a Class C felony. In addition, the court shall prohibit the person from operating a motor vehicle on the public highways of this state for a period of two years. If a person commits a violation of this law and the commission of the offense proximately causes death to any person, the person shall be guilty of a Class B felony. In addition, the court shall prohibit the person from operating a motor vehicle on the public highways of this state for not less than two years. SB58 passed the Senate 33 to 0. The legislation now moves to the Alabama House of Representatives, where it has been referred to the House Homeland Security and Public Safety Committee. Rep. Treadaway’s companion legislation, House Bill 29 (HB29), has already received a favorable report from the committee. HB29 could be considered by the full House of Representatives as early as Tuesday. Tuesday will be day 8 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
372 bills have been filed in Alabama legislative session
Only four legislative days have passed in the 2023 Alabama Regular Legislative Session, but already 372 bills have been filed by legislators. Alabama Today has worked on writing about as many of these as possible so that our readers stay informed on issues before the Alabama Legislature. Two hundred bills were filed in the last week alone. Below is a short recap of 15 of these. Senate Bill 143 (SB143) by State Senator Will Barfoot targets youth gangs. The legislation seeks to identify members of criminal gangs. SB143 would enhance penalties for any criminal activity that benefits, promotes, or furthers the interest of a gang. The bill would establish mandatory consecutive penalties for any individual who knowingly possesses, uses, or carries a firearm during the commission of any act intended to benefit, promote, or further the interest of a gang. This bill would require any juvenile 16 or older to be tried as an adult for any gang-related criminal activity. State Representative Allen Treadaway has introduced similar legislation in the House – HB191. House Bill 217 (HB217) is sponsored by State Rep. Anthony Daniels. It would exempt overtime from state income taxes and a substantial tax cut for many hardworking hourly workers. Under existing law, gross income is defined for state income tax. Also, the existing law exempts certain amounts from the calculation of gross income. This bill would exclude work performed in excess of 40 hours in any week from being included in the gross income calculation. Daniels, the House Minority Leader, has some powerful cosponsors on this legislation, which has just dropped, including Speaker of the House Nathaniel Ledbetter and education fund budget Chairman Danny Garrett. Sen. Sam Givhan has introduced similar legislation in the Senate – SB137. House Bill 115 (HB115) by Rep. Danny Garrett would lower the top state income tax rate. Under existing law, Alabama levies an individual income tax at rates ranging from two percent on taxable income to a top rate of five percent on taxable income. This bill would phase in a reduction in the top tax rate from five percent to four and ninety-five hundredths percent. House Bill 181 (HB181) by Rep. Mack Butler would prohibit financial institutions from disclosing certain customer financial records of firearms transactions. HB181 would allow the Department of Finance to disqualify a financial institution from any selection process for state contracts for violation of this prohibition and to provide civil penalties and criminal penalties for violation of the act. Butler told Alabama Today that he did not believe that credit card companies need to be tracking customers’ gun and ammunition purchases. “That’s too much information for the credit card companies or the government to have,” said Butler. “The Sons of liberty would have had a big problem with that.” Senate Bill 144 (SB144) by Barfoot would address the shortage of judges by creating three additional circuit judgeships and two additional district judgeships to be funded out of the State General Fund in Fiscal Year 2024. House Bill 209 (HB209) by Rep. Jamie Kiel would effectively outlaw ballot harvesting in Alabama. This bill would prohibit any person from distributing, ordering, requesting, collecting, completing, obtaining, or delivering an absentee ballot application or absentee ballot of another person in certain circumstances and would provide for exceptions. This bill would prohibit any person from receiving a payment or providing payment to another person for distributing, ordering, requesting, collecting, completing, obtaining, or delivering an absentee ballot application or absentee ballot of another person in certain circumstances. This bill would also establish criminal penalties for violations. HB209 already has 42 House cosponsors. Senate Bill 141 (SB141) by Sen. Linda Coleman-Madison lowers the crime of chemical endangerment of a child to a misdemeanor under some circumstances. Under existing law, a person commits the crime of chemical endangerment of a child if the child is exposed to a controlled substance, chemical substance, or drug paraphernalia. A violation is a Class C felony. This bill would provide that chemical endangerment of a child where the child is exposed to marijuana or drug paraphernalia is a Class A misdemeanor. This bill would also provide that a confirmatory positive drug test must be obtained before an agency or law enforcement initiates any action for a violation. Senate Bill 127 (SB127), sponsored by Sen. Merika Coleman, would expand the statute of limitations on civil suits for alleged sexual misconduct, and it would be retroactive. Under existing law, a civil action for an injury to an individual that involves certain sex offenses must be brought within six years. This bill would expand the statute of limitations for certain sex offenses. Senate Bill 130 (SB130), sponsored by Sen. Vivian Figures, would move the official state celebration of Confederate General Robert E. Lee’s birthday as a state holiday observed on the third Monday in January to the second Monday in October. Currently, the state celebrates Robert E. Lee’s birthday on the same day as Martin Luther King Jr.’s birthday. SB130 would move Robert E. Lee’s birthday to Columbus Day, so Robert E Lee Day would remain a state holiday but would not add a new state holiday. House Bill 187 (HB187), sponsored by Rep. Chip Brown, would require parental or guardian’s consent for a minor to get a vaccine. Under existing law, a minor 14 years of age or older may give consent for medical, dental, and mental health services for themselves without parental consent. HB187 would require consent of a parent or a legal guardian for any minor to receive a vaccination. This became an issue during the recent COVID-19 global pandemic. House Bill 186 (HB186), also by Brown, would allow a parent to opt their child out of any school policy requiring students to wear a face covering at school, at a school function, a school bus, or at a school bus stop. Many parents were upset that their schools required face masks during the pandemic. House Bill 182 (HB182), sponsored by Rep. Traci Estes, would expand the definition of a dependent to include an unborn child. Under current law, taxpayers are allowed a dependent exemption for a son or daughter for
Legislature finishes the ARPA special session
On Thursday, the Alabama Senate voted to pass House Bill 1 (HB1), which appropriates $1,060,000,000 in federal American Rescue Plan Act (ARPA) funds for water projects, broadband, healthcare, and other projects. Following Senate passage, the Alabama House of Representatives voted to concur with the changes made by the Senate, and the bill has been sent to the governor. HB1 was sponsored by State Representative Rex Reynolds and was carried by Sen. Greg Albritton. The state has received approximately $2.1 billion in ARPA funding from the federal government. Half of that money has already been appropriated by the Legislative and is in the process of being allocated by the executive branch to projects across Alabama. This second tranche of ARPA money includes about $339,175,000 that will go for healthcare needs, including $25 million for Mental health and $9 million for the expansion of telemedicine. $260 million will be used for broadband, including a cybersecurity component. $395 million will go to water and sewer projects. $55 million will be used to compensate state agencies for the negative impacts of the COVID-19 pandemic. $1,179,000 will go for administrative costs of overseeing and allocating the money. State Sen. Arthur Orr said, “I don’t see what a lot of this has to do with COVID, but I can also see when a train is coming. “We have also got $55 million that can be for food assistance for food banks and nutritional programs,” Orr said. “I appreciate all your hard work on both of these ARPA bills,” Orr said to Albritton. “I think if we never have another ARPA, you would be happy with that.” “It does not fully fund the PEEHIP assistance, which is why the fed passed the original assistance bill,” Orr said. The full Senate voted to adopt the committee amendment introduced Wednesday for Sen. Chris Elliott. Sen. Linda Coleman-Madison offered a floor amendment to the bill. Coleman Madison said, “I would like to know why in-kind contributions was left out. It saves money from contracting out. It saves time. It helps the money go further.” “All of these moneys are under very strict guidelines by the federal Treasury Department,” Albritton said. “If we allow an in-kind contribution that opens up a means of reporting that may become problematic,” Albritton said, “We are talking about the $395 million for water and sewer projects. That is less than 40% of the total ARPA money.” “I ask that you withdraw the amendment,” Albritton said. Coleman Madison said, “I do not want to do anything where the federal government will come back and require a clawback. They want money and not any kind of service. I would like to withdraw my amendment.” Albritton provided a breakdown of the water and sewer dollars in the bill as amended by Elliott’s committee amendment. · $195 million is for water and sewer. · 100 million is water, sewer, and stormwater and may have, but does not require a match. · $100 million in water, sewer, and stormwater and does require a match “Every county in the state will have an opportunity to apply and will actually get funding for a project in their county,” Albritton told the members. “Counties across this state got $495 million directly to counties, and some of them chose to do nothing about stormwater with it,” Senate Minority Leader Bobby Singleton said. “Now they come to us and want us to fix it for them.” State Sen. Rodger Smitherman proposed an amendment to require ADEM to work with a town or county whose application was denied due to an error on the application. “This is simply to help our small towns,” Smitherman said. “If you are in a metropolitan area, you probably have someone who can do this, but our small towns cannot afford that.” “It has already been done,” Albritton objected. “That was in ARPA one. I hesitate to put that language which is already occurring in statute. I am going to vote no on this. We have already added one amendment. I don’t want another amendment one. It raises the possibility of nonconcurrence.” Smitherman’s amendment passed over Albritton’s objection 29 to 1. State Sen. Will Barfoot applauded the members for providing funding for healthcare but urged the members to do more for rural healthcare in the regular session. “I am challenging each of you here to start looking at bills to address healthcare in our rural communities,” Barfoot said. Senate Pro Tem Greg Reed said, “We have to stay focused on rural healthcare.” “We are going to have several pieces of legislation addressing nursing,” Reed said. “A lot of areas in my district, we would not have healthcare if we did not have nurse practitioners.” Reed said that broadband expansion is part of healthcare because of telemedicine. “The technology is advancing tremendously,” Reed said. “That is one way that local hospitals will be able to stay in business. We need to find ways to increase healthcare benefits, particularly in rural places like in my district.” State Sen. Vivian Figures said to Albritton, “Thank you for making sure that the cities and counties that can’t afford to put up a 35% match will be able to do these projects as well.” “I want to thank you for all the work that you have done,” Singleton said to Albritton. “It is a lot of money to spend. We have a lot of needs, but we are beginning to see a difference in the state. We are not going to be able to get it all, but we are knocking a dent in it.” “I wish you could have set aside more of the money for rural hospitals like we did in the first round,” Singleton said. “When that $40 million was cut out for them in the last round, they were ecstatic.” Reynolds asked that the House concur with the Senate changes to HB1. “The second amendment requires that ADEM has to work with a system if an application is denied because of an error,” Reynolds explained. “That system has to have an opportunity to correct that error, and if that application is denied, it has to be
Steve Flowers: Legislature organizes for Quadrennium
The legislature had their every four-year organizational session earlier this month. It is exactly what the title states. They are organizing for the next quadrennium of lawmaking. They officially chose their leadership and adopted the rules for the two chambers. The 105-member House of Representatives and 35-member State Senate are elected for four-year terms, the same as the governor and other constitutional offices. However, unlike the governor, who was sworn in on Monday, January 16, as set out in the state constitution, the legislature takes office the day after they are elected in November. The state House of Representatives will have 77 Republicans and 28 Democrats. That is a veto-proof, bulldozer-shoving, anything-you-want supermajority. The Democrats have very little say with those overwhelming numbers. Two days after they were elected in November, the 77-member Republican majority met in a private caucus meeting in Montgomery and selected their leadership. Therefore, the vote for Speaker of the House two weeks ago was simply a formality. The House has chosen Representative Nathaniel Ledbetter to be the Speaker of the House. Speaker Ledbetter hails from Rainsville in DeKalb County. He is a former Mayor of Rainsville. He has only been in the House of Representatives for eight years, having been first elected in 2014. He was chosen to be the majority leader in the House in his freshman year. He was close to the former Speaker Mac McCutcheon, and he served on both the powerful agenda-setting Rules Committee, as well as the Ways and Means Education Budget Writing Committee. Representative Chris Pringle of Mobile has been chosen to be Speaker Pro Tem of the House, which is the second highest position within the body. He has served previously for 16 years in the House from the Port City. He succeeds fellow Mobilian Victor Gaston in this post. There are two young stalwarts who will be serving in Republican Party positions within the House. Representative Scott Stadthagen of Decatur will be the new House Majority Leader. Representative Wes Kitchens of Arab will serve as the Republican Leadership Caucus Vice Chair. Representative Debbie Wood from the Valley will serve as the Republican Caucus Secretary/Treasurer. The three most powerful posts in the House are the chairmanships of the two money committees and the agenda-setting Rules Committee. Representative Danny Garrett of Trussville in Jefferson County will continue to Chair the Ways and Means Education Budget Committee. Representative Rex Reynolds of Huntsville will be the General Fund Ways and Means Chairman. Reynolds replaces longtime Ways and Means Chairman Steve Clouse of Ozark. Representative Joe Lovvorn of Auburn will be the new Rules Committee Chairman. Representative Jim Hill of St. Clair will chair Judiciary. He is a former circuit Judge and a veteran of the House. All of these House leadership positions are held by Republicans. To the victor goes the spoils. The Democrats have a veteran and sterling team heading their Caucus Leadership in the House. Anthony Daniels of Huntsville will be the Democratic Minority Leader. Barbara Drummond of Mobile will be the Caucus Chair. Mary Moore of Birmingham will be the Vice Chair, and Kelvin Lawrence of Hayneville will be Secretary/Treasurer of the Democratic Caucus. The 35-member Alabama State Senate returns almost intact with their continuity and quality leadership. They will dominate and provide a stable State of Ship to help lead the state. Republicans control this upper chamber to the same degree that the GOP members do in the House. Republicans outnumber Democrats 28 to 7 in the Senate. State Senator Jabo Waggoner of Jefferson County begins his 50th year in the legislature. This is a state record. He is definitely destined for the state history books. Jabo will continue to Chair the powerful Rules Committee. Greg Reed of Walker County will be Pro Tem of the Senate again. The Majority Leader will again be Clay Scofield of Marshall County. The two money committee chairmen will continue to be in charge of how the state revenues are spent. Senator Arthur Orr of Decatur will chair Finance and Taxation/Education. Senator Greg Albritton of Escambia will chair Finance and Taxation/General Fund. These two men will be very powerful. Popular state Senator Will Barfoot of Pike Road will chair Judiciary in the Senate. Senator Clyde Chambliss of Prattville has become a stalwart leader in the Senate. He will be Majority Whip. Lieutenant Governor Will Ainsworth presides over the Senate. The Regular Session begins in early March. 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.
Seven State Senate seat races to watch
All 35 State Senate seats are up for grabs in the November 8 general election. Republicans hold a 27 to 8 margin over Democrats in the current makeup of the Alabama Senate. The Alabama Republican Party is running candidates in 29 seats. The GOP is defending all of the 27 seats they currently hold and are running candidates in two districts currently held by Democrats. Alabama Democrats are defending the eight seats they currently hold and are challenging the GOP in six districts currently held by Republicans. Libertarians currently hold no seats in the Alabama Senate but are running twelve candidates in State Senate races. There are a number of contested State Senate races on the November ballot. These are the seven races with the most chance of becoming interesting. Democrat Lisa Ward is challenging Republican incumbent State Sen. Gerald Allen in Senate District 21. Both of these candidates are well known in the Tuscaloosa area. Allen has represented the district for three terms and served in the Alabama House of Representatives before that. Ward is a former city councilwoman who is very active in the community. According to filings with the Alabama Secretary of State’s office, Allen has a $204,872.68 campaign account balance entering September, which includes August contributions of $8,250. Ward, the challenger, meanwhile raised $23,149.76 in August and has a cash balance of $31,968.94 entering September. Neither faced a primary opponent. Democrat Kim Lewis versus Republican incumbent State Sen. Tom Butler in Senate District 2. Butler has represented Madison County in the legislature for parts of five decades, but this is one of the fastest growing areas in the state, and there are thousands of new people that bring different politics with them to the area. Lewis is hoping that an increasingly purple Madison County will result in a win. Butler was pushed hard in the Republican primary by former State Sen. Bill Holtzclaw. Butler raised $44,500 in the month of August and enters September with $38,166.63. Lewis raised $7,830 in August and comes into September with $27,859.70. In Senate District 33, incumbent Democratic Sen. Vivian Figures faces Republican challenger Pete Riehm. This has been a very safe Democratic district consisting of the poorest parts of Mobile as well as Mobile County suburbs like Prichard, but redistricting meant that the new district now goes deep into Baldwin County and picked up the very prosperous and heavily Republican community of Spanish Fort. This district went from very blue to purple thanks to the legislature’s redistricting and efforts to “unpack” Black voters from majority-minority districts. Is it purple enough for a Republican to take it away from the Democrats? That is for the voters to decide on November 8. Sen. Figures raised $31,500 in the month of August to enter September with $110,497.02. Riehm had contributions of $19,577.54 in August and enters September with $60,911.31. Democrat Sherri Lewis versus Republican Jay Hovey in Senate District 27. Hovey, an Auburn City Councilman, just narrowly defeated incumbent Tom Whatley (R-Auburn) in a heavily contested GOP primary. Hovey, who has the challenge of unifying Republicans, raised $85,500 in contributions in August to enter September with a cash balance of $70,074.17. Reese meanwhile raised $1,806.20 in August to bring a total of $2,703.33 into the month of September. Senate District 23 – here, there are three candidates vying for the open seat formerly held by State Sen. Malika Sanders-Fortier, who vacated the seat in an unsuccessful bid for governor. Democrat Robert Lee Stewart narrowly defeated former State Sen. Hank Sanders in a hard-fought Democratic primary runoff in June. Stewart faces both a Republican in Michael Nimmer and a Libertarian in Portia Stephens. Stewart raised $16,987 in August to bring $17,872.84 into September. The Libertarian, Stephens, reported raising $2,060 in August to finish the month with $6,285 in cash on hand. The Republican, Nimmer, has not filed a campaign finance report. Alabama does not have general election runoffs, so when there are multiple candidates, the candidate with the most votes wins even if they got less than half of the votes. There is another three-way contest in Senate District 29. There, incumbent Republican Sen. Donnie Chesteen (R-Dothan) faces both Democrat Nathan “Nate” Mathis and Libertarian Floyd “Pete” McBroom. Matthis reported raising no money in August, but he has $5,719.36 in cash on hand. McBroom has not filed a campaign finance report with the Secretary of State’s office yet. The incumbent, Chesteen, raised $25,500 in August to enter September with $327,660.86. In Senate District 12, Republican Keith Kelley is battling Democrat David McCullars for the open seat currently held by Sen. Del Marsh. Kelley raised $29,658.24 in August and has $65,102.13 in cash on hand. McCullars only raised $265 in the month of August and entered the month of September with $4,377.15 in cash on hand. Kelley had a hard-fought Republican primary. This is a district that has given Marsh a close call in the 2014 general election. In other contested Alabama Senate races · SD3 incumbent Arthur Orr (R-Decatur) faces Libertarian Rick Chandler · SD4 incumbent Garlan Gudger (R-Cullman) faces Libertarian Jacob Marlow · SD6 incumbent Larry Stutts (R-Sheffield) faces Libertarian Kyle Richard-Garrison · SD7 incumbent Sam Givhan (R-Huntsville) faces Democrat Korey Wilson · SD15 incumbent Dan Roberts (R-Mountain Brook) faces Libertarian Michael Crump · SD17 incumbent Shay Shelnutt (R-Trussville) faces Libertarian John Fortenberry · SD24 incumbent Bobby Singleton (D-Greensboro) faces Libertarian Richard Benderson · SD25 incumbent Will Barfoot (R-Montgomery) versus Libertarian Louie Woolbright · SD28 incumbent Billy Beasley (D-Clayton) faces Libertarian David Boatwright · SD35 incumbent David Sessions (R-Grand Bay) faces Libertarian Clifton Hudson Republican incumbents Tim Melson, Greg Reed, Steve Livingston, Clay Scofield, Andrew Jones, Randy Price, April Weaver, Jabo Waggoner, Greg Albritton, Clyde Chambliss, Chris Elliott, and Jack Williams are all running unopposed. Republican newcomers Lance Bell in SD11 and Josh Carnley in SD31 are also unopposed in the general election. Democratic incumbents Rodger Smitherman, Linda Coleman-Madison, and Kirk Hatcher are all also unopposed in the general election. State Rep. Merika Coleman is unopposed in SD19, which is being vacated by the retirement of Priscilla Dunn (D-Bessemer). In 2022 Republican candidates in Alabama have received $44,321,108.97 in contributions. Political Action Committees have received $17,846,761.05. Democratic candidates have received $6,629,199.43, and all other candidates have received just $111,950.87. The general
Steve Flowers: Incumbency reigns supreme in State Senate
Being an incumbent state senator in Alabama is like owning that seat. The level of re-electability odds is probably better than that of an incumbent congressman, which is about the same as being elected to a seat in the Russian Communist Politburo. Being a freshman state senator in Alabama is a more powerful position than being a freshman U.S. congressman, especially if you want to affect public policy. Many times, a 50-year old, successful person who is interested in seeking a representative role will approach me and seek my advice about running for either a state senate seat or an open congressional seat. I will quickly advise them that as a state senator, you are one of 35, and you immediately have an impact on your first year as a state senator. However, if you win a congressional seat, you are one of 435. Because of the seniority system, it will be 15 years before they know your name in Washington and 25 years before you are chairman of a committee, and then it is time to retire. In the 35-member Alabama Senate, there are 27 Republicans and 8 Democrats – a pretty supermajority for the GOP. Twenty-four of the twenty-seven senate Republicans are running for reelection. Republicans Jimmy Holley, Del Marsh, and Jim McClendon are retiring. These seats will be filled by another Republican. Therefore, when the Senate organizes next January, the 27 to 8 supermajority will remain the same. The lines are drawn to protect incumbents on both sides of the aisle. The Constitution provides the power of the pencil for legislators to draw their own legislative districts. Seventeen of the 24 Republican incumbents have no opposition in the Republican Primary. Of the seven Republican senators who drew a Republican opponent, they only got an opponent the last day of qualifying, and their opposition is token at best. All 24 Republican incumbents will be reelected. If my prognostication is correct, that is a 100% re-electability rate. There are only two GOP incumbents that were first thought to have viable opponents. Tom Whatley, at first blush, was rumored to have a race. However, polling and fundraising reveal he will win easily. The only interesting race may be in the Huntsville area, where incumbent Tom Butler is being challenged by Bill Holtzclaw, who previously served in that senate seat. The rule of incumbency also prevails on the Democratic side of the aisle. There is only one Democratic seat open. Priscilla Dunn holds the post in name only. She has never attended a senate day in Montgomery for this entire quadrennium. The Senate has, in essence, been operating with 34 senators. In actuality, the Democrats have only seven senate seats. There are 150,000 residents of Jefferson County who have had no voice or vote in the Alabama Senate for four years. There are two Democratic House members vying to fill this seat, Merrika Coleman and Louise Alexander. Ms. Coleman is favored to win this open Senate seat. The cadre of leadership on the Democratic side will return, including powers Bobby Singleton, Rodger Smitherman, and Vivian Figures. Hank Sanders will return to represent Selma and the Black Belt after a four-year sabbatical. His daughter was in the seat this last quadrennium. The entire leadership of the Republican-led Senate will return unopposed, including Greg Reed, Jabo Waggoner, Clay Scofield, Arthur Orr, Greg Albritton, Steve Livingston, Gerald Allen, and especially Clyde Chambliss. They will be joined by a superstar freshman class, who will become even more powerful. This class of leaders includes Will Barfoot, Garlan Gudger, April Weaver, Sam Givhan, Donnie Chesteen, and a trio contingency of Baldwin/Mobile senators Chris Elliott, Jack Williams, and David Sessions. Another member of this sterling class, Dan Roberts of Jefferson, has an opponent but will be reelected. The three open Republican seats and one Democratic open seat will give us some interesting senate races to follow. One of, if not the most important ingredients which creates the power of incumbency is the almighty campaign dollar. Money is the mother’s milk of politics. Most of this campaign money comes from Special Interest Political Action Committees. Ninety percent of those special interest dollars go to incumbents. Thus, over 90% of Alabama state senators are reelected. 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.
Committee advances ban on teaching of ‘divisive concepts’
An Alabama legislative committee on Tuesday advanced a bill that would ban the teaching of “divisive concepts” about race and gender in public schools, including the notion that people should feel guilt because of their race. The Senate Governmental Affairs Committee voted 6-1 for the bill that now moves to the full Alabama Senate. The legislation comes as Republicans in several states seek to ban either ban critical race theory or put limits on how educators discuss race in the classroom. The bill by Republican Sen. Will Barfoot of Pike Road would ban a list nine of “divisive concepts” from being taught in K-12 schools. While they could be discussed in colleges, it would prohibit an institution from forcing a student to “assent to the concept.” The bill’s list of banned “divisive concepts” include the notion that the United States of America is “inherently racist or sexist” and the idea that “any individual should be asked to accept, acknowledge, affirm, or assent to a sense of guilt, complicity, or a need to work harder solely on the basis of his or her race or sex.” The proposal also would prevent “fault, blame, or bias” from being “assigned to a race, sex, or religion, or to members of a race, sex, or religion.” Barfoot said he did not think it would limit the teaching of history. “We should talk about the good, the bad and the ugly, to quote one of the spaghetti westerns. We should address the fallacies that have happened, and the mistake and the bad decisions that have happened in the past.” The list in the Senate bill is similar to a 2020 executive order President Donald Trump issued banning “divisive concepts” in training federal employees that has since been repealed. Similar language has since popped up in bills in dozens of states. Sen. Linda Coleman-Madison, a Democrat from Birmingham, unsuccessfully urged the committee to delay a vote to give senators time to look at the bill. Coleman-Madison said the bill initially seems harmless but there is a broad misunderstanding of what critical race theory is. Barfoot said the bill doesn’t mention critical race theory, but Coleman-Madison said that’s appears to be the genesis. “I understand what you are saying — but a rose by any other name. Even though critical race theory is not mentioned, we understand the whole concept was centered around that,” Coleman-Madison. Critical race theory is an academic framework that examines how racism has shaped the country and institutions such as the legal system, and how that has maintained the dominance of white people in society. It is not taught in K-12 schools, Alabama Superintendent Eric Mackey has said. The Senate committee did not hold a public hearing before voting. The Rev. Kenneth Dukes of the Alabama State Chapter NAACP told committee members that there should have been an opportunity for public comment on the bill. Opponents of the bill dominated a public hearing before a House committee on a similar bill last month. Opponents said they are concerned it will have a chilling effect on classroom lessons and discussions. The Senate version does not include a provision in the original House bill that dealt with how slavery should be taught. The House committee is scheduled to vote Wednesday. Republished with the permission of the Associated Press.
Kay Ivey signs six bills, ensuring Alabama as pro-military state
Today, Gov. Kay Ivey signed six bills aimed at making Alabama even more military-friendly. Those bills include Senate Bills 28, 99, 116, 119, 141, and 167. These bills were recommended by the Alabama Military Stability Commission, which is chaired by Lieutenant Governor Will Ainsworth. “Alabama is the most pro-military state in the nation, and I am proud to put my signature on a series of legislation aimed at ensuring that we are even more military-friendly,” stated Ivey. “I commend the work by the Military Stability Commission, chaired by Lieutenant Governor Ainsworth, as well as the members of the Alabama Legislature for passing these important bills.” SB116, sponsored by Sen. Tom Whatley and Rep. Debbie Wood, will help ease the burden of military families moving to Alabama. It allows children of active military members moving to Alabama to enroll in local public schools remotely without being physically present in the state. Three bills, SB99 by Sen. Andrew Jones and Rep. Kenneth Paschal, SB167 by Sen. Shay Shelnutt and Rep. Dickie Drake, and SB141 by Sen. Tom Butler and Rep. Parker Moore, are all aimed at making it easier for military families to find work when relocating to Alabama. Each of the bills allows for greater flexibility in occupational licensing for military spouses. SB28, sponsored by Sen. Tom Butler and Rep. Andy Whitt, would create the Space National Guard within the Alabama National Guard if the federal government creates the Space National Guard. Finally, SB119, sponsored by Sen. Will Barfoot and Rep. Dickie Drake, will expand scholarships provided under the Alabama G.I. and Dependents’ Educational Benefit Act to include in-state and private two-and four-year colleges. “The men and women from across Alabama who serve on the Military Stability Commission understand the important role that our bases and other infrastructure play in keeping the state’s economy strong and jobs growing,” commented Ainsworth. “The bills that the Legislature passed and Governor Ivey signed into law will assist our mission of making Alabama the nation’s friendliest and most welcoming state for active service members, military veterans and their families.”
Steve Flowers: Jimmy Holley
Legendary state senator Jimmy Holley has decided to not seek reelection to the State Senate next year after 44 years in the legislature. He will be missed in the State Senate. For the past decade, Holley has become a mentor and confidante for incoming State Senators, especially the members of this quadrennium’s freshman class. Senator Will Barfoot (R-Pike Road), has told me on more than one occasion that he has relied on Senator Holley’s wisdom and experience on a daily basis. Holley is generally considered the most knowledgeable person in the Senate when it comes to parliamentary procedure and the rules of the Senate. Others like Senator Clyde Chambliss (R-Prattville) have been mentored by Holley. In fact, at the beginning of each quadrennium, there was a clamor and struggle to seek the seat next to Jimmy Holley by members so that they could learn the intricacies of the senate rules and gather his institutional knowledge and wisdom. Jimmy Holley has been my close friend for 40 years. We served together and sat next to each other for 16 years in the House of Representatives. We represented adjoining counties. I have never seen a more diligent and capable legislator. When his hometown of Elba lost their schools to flooding, I saw Holley singlehandedly fight and secure extra funds from the Special Education Trust Fund Budget to build them new schools. Years later, when a tornado destroyed Enterprise High School, which was and is the largest high school in his district, he secured funds from the state to build a new, state-of-the-art high school for Enterprise. Jimmy would work at being a good and knowledgeable legislator. When most legislators would simply show up to vote and enjoyed the nightly social events hosted by lobbyists and associations, Jimmy would go back to his hotel room and study legislation and sharpen up on the rules. One day Holley and I were sitting at our desks working on a myriad of legislation put out by the Rules Committee. I looked at the calendar and was unfamiliar with a looming bill about three bills down on the agenda. I asked Jimmy about a certain piece of legislation. He calmly told me all about the bill and told me I probably was not going to vote for it since it was a trial lawyer bill. He knew my pro-business propensity. It occurred to me that he had read the bill in its entirety as well as all the bills on the calendar the night before in his hotel room. Jimmy was born and raised in Elba in Coffee County and has lived his entire life there except for the four years he went to college in Tennessee, which is by the way where he met his lovely wife, Mary. Jimmy and Mary have two fine and successful sons. They all live close by Jimmy and Mary, so they have had the opportunity to watch their grandchildren grow up and go to all their ballgames and school events. They have a wonderful family life. However, even though Jimmy is only 77, he has had some health problems. The state and primarily his four-county senate district will miss him immensely. Holley has spent over half of his life as a lawmaker. He is in his sixth term in the Senate and, prior to that, served five terms in the state House of Representatives. He currently chairs the Senate Government Affairs Committee and has been a fixture on the Legislative Council. His district includes Coffee, Covington and Pike Counties, and the northern portion of Dale County. Senate President Pro Tem Greg Reed (R-Jasper) summed up Holley’s departure well. He said, “Senator Jimmy Holley is an institution in the Alabama Senate, and our Body will not be the same without him. I further appreciate the decades of service he has given to his district and to our state in his long tenure in the Senate, and I am grateful for the wisdom and experience he has shared with our membership.” Jimmy Holley has a place in Alabama political history as one of the all-time legendary state lawmakers. Merry Christmas. 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: State Senate will have little turnover in 2022
2022 was anticipated to be an exciting competitive election year. However, it is going to be a yawn of a political year. If you thought there was no competition for the constitutional offices and the House of Representatives seats in next year’s elections, then you have not seen anything like the lack of turnover in the Alabama State Senate. Incumbency will prevail. In fact, the power of incumbency in the Alabama State Senate is on par with the incumbent return percentage for Congress, which is probably comparable to the Russian Communist Politburo. There are 35 state Senate seats; 27 of the 35 are held by Republicans. Out of the 27 Republican state senators, 24 are running for reelection, and all 24 probably will be reelected. Almost all of them have no opposition. The Democratic minority has just as high a reelection bar. Of the eight Democrats, seven probably will be running unopposed. The only Democrat not running will be Priscilla Dunn, who has not been to the Senate this entire four-year term. Most of the first-term State Senators have never met her. According to rumors, she is in poor health and cannot attend. The 150,000 people in Senate District 19 in Jefferson County have been without a voice or vote in the Alabama Senate for four years. The three retiring Republican State Senators are giants. Del Marsh, Jimmy Holley, and Jim McClendon’s shoes will be hard to fill. These three seats will be filled by new Republicans. The 27-8 super Republican majority will continue. State Senator Del Marsh (R-Anniston) has been a leader in the Senate for 23 years. He served as President Pro Tempore of the Senate most of that time. He ran a very effective ship of state. State Senator Jimmy Holley (R-Elba/Coffee) is an icon. He was a master of Senate rules. He also was a mentor to a good many young senators. State Senator Jim McClendon (R-St. Clair) will be sorely missed in the state senate. The gentleman from St. Clair served with honor and distinction for eight years in the State Senate and 12 years before that in the House of Representatives. This freshman class of senators has bonded and work cohesively with the veteran leaders. The Freshman Class includes Will Barfoot (R-Pike Road), Tom Butler (R-Huntsville), Sam Givhan (R-Huntsville), Dan Roberts (R-Jefferson), Garlan Gudger (R-Cullman), Randy Price (R-Lee), Donnie Chesteen (R-Geneva/Houston), David Sessions (R-Mobile), Jack Williams (R-Mobile), Chris Elliott (R-Baldwin) and Andrew Jones (R-Cherokee/Etowah). Senator April Weaver (R-Shelby/Bibb) won her seat recently when Cam Ward left to become head of Pardons and Paroles. April Weaver previously served in the House of Representatives. She is the only female GOP Senator. She has a bright future. All twelve of these new senators have done an excellent job, and all will be reelected. Ten of the twelve will probably run unopposed. There are some exceptionally talented and dedicated veterans in the Senate that will coast to reelection. Most, if not all, will be unopposed. This stellar group of legislative leaders includes President Pro Tem Greg Reed (R-Jasper/Walker), Senate Majority Leader Clay Scofield (R-Guntersville), Senator Clyde Chambliss (R-Autauga/Elmore), Senator Steve Livingston (R-Scottsboro/Jackson), Senator Shay Shelnutt (R-Jefferson), Senator Tom Whatley (R-Auburn/Lee), Senator Gerald Allen (R-Tuscaloosa), Senator Greg Albritton (R-Escambia) the Chairman of the Senate Finance General Fund, Senator Arthur Orr (R-Decatur) Chairman of Senate Finance Education, and last but certainly not least, the legendary Jabo Waggoner (R-Vestavia), who chairs the Senate Rules Committee. There will be some outstanding veteran Democrats returning to the State Senate. There are several giants, who include Senator Bobby Singleton (D-Greene), Senator Vivian Figures (D-Mobile), Senator Rodger Smitherman (D-Birmingham), and Senator Billy Beasley (D-Barbour). Senator Kirk Hatcher (D-Montgomery) is new to the senate. However, he bears watching. He is gregarious, likable, and a quick study. He will be effective for Capitol City. The senate abounds with outstanding leadership on both sides of the aisle. The lack of competition the members are garnering is a testament to their good work. This returning group of leaders could well portend for a successful future quadrennium. With this kind of experience and leadership, they will also be an independent group. They will not be a rubber stamp for the governor. See you next week. Steve Flowers is Alabama’s leading political columnist. His weekly column appears in over 60 Alabama newspapers. He served 16 years in the state legislature. Steve may be reached at www.steveflowers.us.
Legislature passes new poll worker requirements
The Alabama Secretary of State announced that new legislation has been passed to allow precinct election officials who are registered to vote in a given county to now serve in any precinct in that county. This new flexibility took effect on August 1 and was led by Rep. David Wheeler and Senator Will Barfoot. Previously, poll workers served only in the precinct they are registered to vote at. Now, the most qualified individuals will be working in any polling location in the county to ensure our elections are safe and secure. First priority may still be given to those who are registered to vote in the precinct they wish to work at as long as they are qualified for the position. “Poll workers protect the election process and the rights of each and every eligible voter,” stated Secretary of State John Merrill. “These citizens are a vital part of election administration, and we want the best people working in all 1,980 polling locations in the state.” Poll workers are paid election officials who staff local polling places to carry out assigned Election Day procedures. Requirements to be a poll worker are: Must be a registered voter in the State of Alabama Must be registered to vote in the county in which they desire to act as a poll worker Must attend a mandatory poll worker training Cannot be a member of a candidate’s immediate family or the second degree of kinship, and cannot be a member of a candidate’s political committee The application should be returned to the county Probate Judge for consideration.
Steve Flowers: Outstanding class of freshman state senators
Outstanding Class of Freshman State Senators The 2021 Regular Legislative Session begins next week. Over the years, I have observed some outstanding classes of freshman legislators. Some stand out more than others, and occasionally you have a very stellar class. My observation is that this freshman class of state senators is a class to remember and watch. There are two Democrats and 10 Republicans in the freshman class of state senators, who were elected and sworn into office in November of 2018. The ten-member class of Republican state senators is a sterling group and includes Sam Givhan of Huntsville, Will Barfoot of Pike Road/Montgomery, Dan Roberts of Mountain Brook/Jefferson/Shelby, Andrew Jones of Cherokee/Etowah, Garlan Gudger of Cullman, Chris Elliott of Baldwin, David Sessions and Jack Williams both of Mobile, and Randy Price of Opelika, along with veteran state senator Tom Butler who has returned as a freshman after a decade hiatus from politics. This group may stay together in the Alabama State Senate for years to come. They are wise enough to realize that being one of 35 members of the state senate is more powerful and has more effect over public policy than aspiring to Congress or a secondary statewide office – especially if you are one of the 10 Republican senators mentioned above. You are one of 25 who literally can control the mechanizations and budget of the Alabama government. The only post more powerful is governor. One of the leaders of this 10-member Republican freshman state senate class is Sam Givhan. He is witty and has dubbed the class in football recruiting terminology. According to Givan, there are seven true freshmen, Barfoot, Roberts, Gudger, Jones, Elliott, Price, and he. Two junior college transfers, Jack Williams and David Sessions, who moved from the House to the Senate, and one Red Shirt, Tom Butler. Senator Givhan is a lawyer by profession and served as chairman of the Madison County Republican Party prior to being elected to the senate. He could be considered a state senate legacy. His grandfather, the late Walter Givhan, Sr., was a legendary state senator from the Black Belt in the 1950s and 1960s. Senator Will Barfoot won his seat convincingly in 2018. He worked his Montgomery/Elmore/Crenshaw district the old-fashioned way with diligent one-on-one politicking. It paid off. He carried every box in his state senate district. He can stay in that district until the cows come home. He was actually born and raised in Pike Road before it ever dreamed of being the fastest growing town in Alabama. Will is a lawyer by profession and a dedicated family man. He and his wife, Kathy, have five children. Senator Dan Roberts of Mountain Brook is personable and honest. He has had a successful career in business and is serving in the state senate for the right reasons. Senator Andrew Jones is one of the youngest members of this class. He has tremendous potential and is doing an excellent job. Similar to Barfoot, Andrew really worked his district and knows his constituents well. Garlan Gudger is also young. He represents Cullman and a large part of northwest Alabama. He knows his folks in Cullman well. He has the potential to be a powerful senator. Cullman has produced some influential senators over the years, especially the St. John family. Senator Chris Elliott may have the most promise and ability of this group. The Baldwin County area he represents is very different from the one he grew up in. He knows the needs and problems inherent in representing the fastest growing county in the state. He was a very effective County Commissioner in Baldwin County prior to ascending to the senate. Senator David Sessions of Grand Bay in Mobile County was one of the most popular members of the House before moving to the Senate. He and his brother operate a successful farming business. He knows his area of Mobile County and represents it well. Senator Jack Williams of Mobile is quietly effective. He is unassuming and maybe the most successful businesswise of this illustrious group of freshmen. Senator Randy Price of Opelika/Lee County represents a sprawling East Alabama district. He is a former Lee County Commissioner. His wife, Oline, is the Revenue Commissioner of Lee County. Senator Tom Butler from Huntsville is the red shirt member of this class. Tom served for decades in the legislature during the 1980s and 1990s. We served together in the legislature during that era. I have never served with a more diligent and respected member. Tom is a pharmacist by profession and has not aged much over the years. He looks the same as when we were freshmen together in 1982. This group of senators is not only outstanding, they are also affable and congenial. 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.
