AG Marshall: Health of economy used as justification for Ivey emergency proclamation to adjust economic incentive sunset dates, waive state tax liabilities

Last week, Gov. Kay Ivey announced she was exercising emergency powers under the COVID-19 state of emergency to extend economic incentive programs and limit potential state tax liabilities created by benefits generated by the federal government under the CARES Act.

It was a move made without an official act of the Alabama Legislature but has gotten approval from members from both chambers.

In an interview that aired on Mobile’s FM Talk 106.5, Alabama Attorney General Steve Marshall discussed Ivey’s actions and the limits of executive power under the pandemic state of emergency.

“That was not an order that we were involved in the drafting,” Marshall said. “I think the broader question that relates to anything the governor does during this time is that you have to look and see what is the nexus between what is the state of the emergency, in this case, it is obviously the pandemic, and then how does that relate specifically to what has been ordered that may or may not be consistent with current Alabama law — because I think we’ve talked before that the state of emergency gives the governor a great deal of authority that otherwise she doesn’t have, or any governor has.”

“And so, the question is whether or not the administration then can articulate that nexus,” he continued.” And I think what we’ve heard from them is the fact that the economy and the health of our economy is paramount right now in making sure people are employed and have jobs — that that was the basis for them being able to move, particularly relating to the incentives and also about taxation of certain benefits received from the federal government.”

Editor’s Note 10:20 a.m.

This article was updated to clarify that Attorney General Marshall was not stating his opinion on the legality of Ivey’s emergency proclamation.

@Jeff_Poor is a graduate of Auburn University and the University of South Alabama, the editor of Breitbart TV, a columnist for Mobile’s Lagniappe Weekly, and host of Mobile’s “The Jeff Poor Show” from 9 a.m.-12 p.m. on FM Talk 106.5.