On Friday, Gov. Kay Ivey announced she was using her 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.
The action raised constitutional questions from some lawmakers. However, State Sen. Clay Scofield (R-Guntersville), who will be the Senate majority leader after the start of the 2021 regular session, sees Ivey’s action as necessary.
During an interview that aired on Mobile radio’s FM Talk 106.5 on Friday, Scofield indicated the actions were justified given the “unprecedented times” but pledged the legislature would prioritize those issues to clear any potential questions when it meets in February.
“Let me start off first by saying these are definitely unprecedented times,” he said. “And some of the things we have seen are definitely impressed. Those topics are of paramount importance, and I believe they’re obviously important to the governor. She is providing these executive orders. And I know they’re important to the Senate. And I definitely believe the House would echo that. You know, what I think she is doing right now is providing a bridge … until we can come back. I think that without COVID, I do think that the only thing like this would have warranted — especially the incentives part — would have warranted a special session. But I know she is looking out for our health and safety. But I do think that the legislature — you know, I’m a big believer in separation of powers as it is constitutional. And I don’t think that is the governor’s intent, to get around that. But I do think the legislature needs to do our job. When we come in, we need to codify all of that. We don’t need to rely on an executive order, which, again, I don’t believe that’s the governor’s intent. But we do need to codify all of that into law. Those are some very important topics. As I mention, we have got to prioritize the economic recovery from COVID, and all of those are very important in making sure that happens expeditiously.”
“Again, we’re in unprecedented times,” Scofield added. “And, the most important thing I think that is as soon as we go back into regular session on February 2, we need to prioritize those, so that there are no questions, that there are no issues that may come up from that. I think they’re too important not to take up legislative action on them.”
@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.
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