>> FROM OUR STATE HOUSE STUDIO IN MONTGOMERY, I'M TODD STACY.

WELCOME TO CAPITOL JOURNAL.

THERE'S BREAKING NATIONAL NEWS TONIGHT WITH ALABAMA IMPLICATIONS.

THE U.S. SUPREME COURT HAS RULED 6-3 TO STOP THE BIDEN ADMINISTRATION FROM ENFORCING ITS WORKPLACE VACCINE MANDATE.

THE RULE FROM THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, OR OSHA, REQUIRED EMPLOYEES AT LARGE BUSINESSES TO BE VACCINATED AGAINST COVID-19 OR UNDERGO WEEKLY TESTING AND WEAR A MASK ON THE JOB.

THE COURT RULED THAT OSHA EXCEEDED ITS LEGAL AUTHORITY IN IMPLEMENTING THE WORKPLACE MANDATE.

AT THE SAME TIME, THE COURT IS ALLOWING THE ADMINISTRATION TO PROCEED WITH A SEPARATE VACCINE MANDATE FOR MOST HEALTH CARE WORKERS.

THE COURT SAID THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, WHICH IMPLEMENTED THE HEALTH WORKER MANDATE, WAS WITHIN ITS STATUTORY AUTHORITY TO SET EMERGENCY HEALTH RULES.

ALABAMA WAS ONE OF SEVERAL STATES THAT CHALLENGED THE MANDATES IN COURT.

ATTORNEY GENERAL STEVE MARSHALL APPLAUDED THE OSHA PART OF THE RULING, CALLING IT A WIN FOR THE CONSTITUTION.

PRESIDENT JOE BIDEN EXPRESSED DISAPPOINTMENT AND CALLED ON BUSINESSES TO IMPLEMENT THEIR OWN PRIVATE VACCINE MANDATES.

WELL, THERE'S NOT MUCH LEGISLATION MOVING HERE IN THE STATE HOUSE AS LAWMAKERS ARE ALMOST ENTIRELY FOCUSED ON CRAFTING A PLAN TO ALLOCATE AS MUCH AS $772 MILLION IN FEDERAL RELIEF FUNDS.

GOVERNOR KAY IVEY IS EXPECTED TO CALL A SPECIAL SESSION NEXT WEEK TO FOCUS ATTENTION SOLELY ON THOSE FUNDS AND AWAY FROM OTHER ISSUES.

SENATE PRESIDENT PRO TEM GREG REED SAID SEPARATING THE ARPA FUNDING FROM THE REST OF SESSION WAS A SMART MOVE STRATEGICALLY.

>> I THINK THAT THE IDEA OF A SPECIAL SESSION HAS BEEN DISCUSSED AS I HAVE SAID TO YOU ALL.

OF COURSE YOU KNOW THE GOVERNOR OF ALABAMA IS THE ONE THAT MAKES THE DECISION ON THE SPECIAL SESSION.

I THINK THAT THE GOVERNOR, THE SPEAKER, MYSELF, AND MANY OTHERS RECOGNIZE THAT SOME LEVEL OF SEPARATION ASSOCIATED WITH ALL OF THE ISSUES WE'RE DEALING WITH IN THE GENERAL AND THE EDUCATION BUDGETS VERSUS THE REQUIREMENTS BASED ON THE CRITERIA FROM THE DEPARTMENT OF THE TREASURE FOR THE ARPA FUNDS ARE VERY DIFFERENT.

AND THE IDEA THAT WE HAVE SO SOME LEVEL OF ISOLATION THERE, I JUST THINK IT HELPS US BEST DO OUR JOB.

SEW WANT TO WILL SEE.

I DON'T KNOW IF THERE WILL BE A DECISION TODAY BUT THAT IS A DISCUSSION THAT WE'RE HAVING.

>> WITH SUCH A MASSIVE AMOUNT OF MONEY, THERE ARE SURE TO BE DISAGREEMENTS OVER HOW TO SPEND IT.

INDIVIDUAL LAWMAKERS HAVE THEIR OWN PRIORITIES BASED ON NEEDS BACK HOME.

BUT MOST TOP LEADERS AGREE USING THE ONE-TIME FUNDS TO EXPAND BROADBAND INTERNET SERVICE, BUILD WATER AND SEWER INFRASTRUCTURE IN THE BLACK BELT AND IMPROVE OUR STATE'S HEALTH CARE SYSTEM.

SENATE MINORITY LEADER BOBBY SINGLETON SAID HIS CAUCUS IS IN AGREEMENT ON THOSE PRIORITIES.

EVEN THOUGH THE EDUCATION SYSTEM HAS GOTTEN A LOT OF MONEY IN THE PAST, WE COULD DO A LOT NOR SCHOOLS WITH THIS MONEY NOW.

AND I THINK THAT WE HAVE GOT A MAP THAT SHOWS ALL OF THE FIBER THAT IS ON THE GROUND IN THE STATE OF ALABAMA THAT COULD CUT US DOWN FROM A LOT OF CONSTRUCTION THAT WE JUST NEED TO LIGHT SOME OF THAT DARK FIBER UP, GET IT UP AND GET IT OUT IN THE COMMUNITIES, ATTACH IT TO HOMES AND GET THESE KIDS SOMETHING THEY CAN WORK WITH.

IT'S A LOT OF MONEY TO BE SPENT, AND IT WILL HELP THE STATE.

AND I THINK WE JUST NEED TO DO LONG-TERM SUSTAINABLE THINGS, NOTHING -- YOU KNOW WE HAVE HELPED BUSINESS A LOT.

WE NEED TO HELP PEOPLE NOW.

WE NEED TO DO THOSE THINGS THE CITIZENS OF THE STATE OF ALABAMA WILL FEEL, LIKE INFRASTRUCTURE, WATER AND SEWER, LIKE IN LOWNDES COUNTY, WE NEED TO HELP SOME OF THOSE COMMUNITIES OUT THERE.

WE NEED TO HELP PEOPLE WITH THEIR HOUSING.

THOSE ARE LONG-TERM SUSTAINABLE THINGS THAT WE CAN SEE ONCE THIS PANDEMIC IS OVER.

WE CAN LOOK BACK AND SAY THE STATE OF ALABAMA HELPED THOSE PEOPLE IN THE STATE IN TIME OF NEED.

>> ONE PERENNIAL ISSUE IS THE QUESTION OF WHETHER THE STATE SHOULD EXPAND ITS MEDICAID PROGRAM TO COVER MORE LOW INCOME PEOPLE.

REPUBLICAN RESISTANCE TO EXPANSION IS USUALLY BASED ON CONCERNS THAT THE STATE CAN'T AFFORD IT.

HOWEVER, TODAY A STUDY FROM THE PUBLIC AFFAIRS RESEARCH COUNCIL SHOWED THAT THE SAVINGS THE STATE WOULD GAIN FROM EXPANSION WOULD FAR EXCEED THE COST.

HOUSE GENERAL FUND BUDGET CHAIRMAN STEVE CLOUSE SAID THERE ARE VIRTUES TO EXPANDING MEDICAID, BUT HE REMAINS CONCERNED ABOUT THE COSTS OVER THE LONG TERM.

>> IT'S HARD TO SEE ON THAT OCCASION.

THE RULES CHANGE SO MUCH.

FROM THE FEDERAL GOVERNMENT, CMS, ON MEDICAID.

THERE ARE SOME GOOD POINTS TO THE MEDICAID EXPANSION, PARTICULARLY FOR THE PROVIDERS, LIKE PARTICULARLY HOSPITALS THAT HAVE TO TAKE SO MUCH UNCOMPENSATED CARE WHEN PEOPLE GO TO EMERGENCY ROOMS AND THEY DON'T HAVE INSURANCE.

BUT THE MAIN THING WE HAVE TO LOOK AT ARE THE RECURRING COSTS.

>> WITH SO MUCH FOCUS ON MONEY MATTERS, THERE'S REALLY ONLY ONE BILL MOVING IN THE LEGISLATURE AT THE MOMENT.

THAT'S A MEASURE FROM REPRESENTATIVE KYLE SOUTH THAT WOULD REPEAL LAST YEAR'S LAW ALLOWING COLLEGE ATHLETES TO EARN INCOME OFF THEIR NAME IMAGE AND LIKENESS.

HE SAYS ITS NOT NEEDED NOW THAT THE NCAA HAS ITS OWN POLICY.

AFTER THE LAW WAS PASSED, THE NCCA ADOPTED A LESS RESTRICTIVE POLICY, SO SOUTH DOESN'T WANT ALABAMA ATHLETES TO BE AT A DISADVANTAGE TO THOSE IN OTHER STATES.

>> WE ANTICIPATED THE NCA MOVING IN ONE DIRECTION WHERE STATE LAW WOULD HAVE HELD PRECEDENT OVER THEIR RULES.

AND, INSTEAD, WENT TOWN A DIFFERENT PATH AND ADOPTED A SET OF STANDARDS OF THEIR OWN.

AND WHERE WE FOUND THE STATE IS THAT THE STATE LAW THAT WE PASSED IS A LITTLE BIT MORE RESTRICTIVE THAN WHAT THE RULES ARE AT THE NCAA LEVEL.

SO THE LAST THING WE WANT IS OUR INSTITUTIONS TO BE AT A COMPETITIVE DISADVANTAGE WHEN IT COMES TO RECRUITING STUDENT ATHLETES.

>> MY FULL INTERVIEW WITH MR. SOUTH IS LATER IN THE SHOW.

CANDIDATES FOR STATE OFFICE THIS WEEK ENTERED A BLACKOUT PERIOD DURING WHICH THEY CANNOT RAISE MONEY FOR THEIR CAMPAIGNS.

THE LAW IS MEANT TO KEEP MEMBERS OF THE LEGISLATURE FROM FUNDRAISING WHILE THEY ARE VOTING ON BILLS.

HOWEVER, EXCEPTIONS IN THE LAW MEAN THE BLACKOUT PERIOD WILL ONLY LAST TWO WEEKS.

SECRETARY OF STATE JOHN MERRILL SAYS THAT HAS PEOPLE SCRATCHING THEIR HEADS AS TO THE LAW'S EFFECTIVENESS.

>> IF YOU'RE 120 DAYS OUTSIDE OF THE ELECTION DAY, THEN YOU CANNOT RAISE MONEY IN THE BLACKOUT PERIOD.

BUT BECAUSE WE'RE IN THE LEGISLATIVE SESSION AND BECAUSE WE ARE CLOSE TO THE ELECTION DAY, THEN IT'S ONLY FOR A PARTICULAR PERIOD OF TIME.

IT'S OUTLINED OF COURSE IN THE CODE OF ALABAMA.

>> WE WILL HAVE MY FULL INTERVIEW WITH SECRETARY MERRILL WHEN WE COME BACK.

>> NEXT ON THE PROGRAM WE'RE JOINED BY ALABAMA SECRETARY OF STATE JOHN MERRILL.

MR. SECRETARY, THANK YOU FOR COMING ON "CAPITOL JOURNAL."

>> TODD, IT'S GREAT TO BE WITH YOU.

CONGRATULATIONS.

>> THANK YOU SO MUCH.

WE'RE HAVING A LOT OF FUN.

IT'S CAMPAIGN SEASON SPEAKING -- SPEAKING OF FUN IT'S CAMPAIGN SEASON.

BUT IT'S ALSO THE LEGISLATIVE SESSION WHICH UNDER ALABAMA LAW MEANS THAT CANDIDATES FOR STATE OFFICE CAN'T RAISE MONEY FOR A CERTAIN PERIOD OF TIME.

IS THAT CORRECT?

>> THAT IS CORRECT.

AND OF COURSE THAT WENT INTO EFFECT THE DAY THE SESSION STARTED WHICH WAS TUESDAY ON THE ELEVENTH AT 12:01A.M.

AND WILL BE IN EFFECT UNTIL THE 24TH AT 11:59P.M.

>> SO THIS IS AN EXCEPTION THOSE BECAUSE IT BEING AN ELECTION AREA, THEY HAVE -- I MEAN WAS IT 90 DAYS -- >> WELL, IT'S 120 DAYS.

>> 120 DEGREES.

>> EXACTLY.

IF YOU'RE 1230 DAYS OUTSIDE OF THE ELECTION DAY, THEN YOU CANNOT RAISE MONEY IN THE BLACKOUT PERIOD.

BUT BECAUSE WE'RE IN THE LEGISLATIVE SESSION AND BECAUSE WE ARE CLOSE TO THE ELECTION DATE THEN IT'S ONLY FOR A PARTICULAR PERIOD OF TIME THAT'S OUTLINED OF COURSE IN THE CODE OF ALABAMA.

>> RIGHT.

I WANT TO KIND OF -- IT BEARS ASKING.

WHAT'S THE VIRTUE OF HAVING A BLACKOUT PERIOD IF IT'S JUST GOING TO BE TWO WEEKS.

AND I UNDERSTAND -- I MEAN -- >> IT'S FUNNY YOU ASKED THAT JUST THE WAY YOU D SENATOR SINGLETON ASKED THE SAME QUESTION THIS MORNING IN THE LEGISLATIVE BLACKOUT PERIOD ORIENTATION THAT WE CONDUCTED FOR THE LEGISLATURE FOR LEGISLATIVE CANDIDATES, CONSTITUTIONAL OFFICERS, CONSTITUTIONAL CANDIDATES AND STATEWIDE OFFICIALS.

AND IN DOING SO, HE SAID WHY DON'T WE OFFER AMENDMENTS THAT WILL MAKE THIS MORE USEFUL AND MORE CLEAR TO THE GENERAL PUBLIC?

AND YET IT'S SOMETHING THAT HAS BEEN DISCUSSED YEARS AND YEARS AND YEARS.

BUT NO CHANGE IS TAKING PLACE.

AND I THINK THERE'S A CUSTOM REASONS FOR THAT TODD, NOT THE LEAST OF WHICH IS NOBODY WANTS TO BE SOFT ON APPLICATION OF ELECTION LAWS WHEN IT COMES TO FUNDRAISING IN BLACKOUTS AND THINGS OF THAT NATURE.

SO IT'S A DIFFICULT THING TO MAKE SURE THAT YOU'RE GETTING AHEAD OF.

>> AND ON THE OTHER SIDE OF THAT COIN, LET'S JUST SAY THAT IT WAS EXTENDED TO INCLUDE THE ENTIRE LEGISLATIVE SESSION, BASICALLY THE EXCEPTION TAKEN AWAY.

WELL, THEN IT'S REALLY DIFFICULT GETTING INTO, YOU KNOW, MID APRIL BEFORE SOMEBODY CAN RAISE MONEY FOR AN ELECTION IN MAY.

>> NOT ONLY THAT BUT THE MORE IMPORTANT THING IS, MANY PEOPLE BELIEVE IT TO BE AN ADVANTAGE FOR THE INCUMBENT, WHETHER THE INCUMBENT IS ABLE TO RAISE MONEY OR NOT, BECAUSE THEY ALREADY HOLD THE POSITION.

>> RIGHT.

>> WHEN THEY HOLD THE POSITION IT GIVES THEM BUILT IN ADVANTAGES BECAUSE OF NAME RECOGNITION AND MEDIA COVERAGE AND THINGS OF THAT NATURE.

SO IF YOU EXTEND IT TO COVER THE ENTIRE LEGISLATIVE SESSION, YOU'RE PUTTING PEOPLE IN AN OPEN SEAT OR YOU'RE PUTTING PEOPLE THAT ARE RUNNING AGAINST INCUMBENTS AT A MAJOR DISADVANTAGE BECAUSE THEY'RE NOT ABLE TO COMPETE AT THE SAME LEVEL.

>> WELL, IN ANY CASE, CANDIDATES CAN'T RAISE MONEY FOR A FEW WEEKS.

>> THAT'S RIGHT.

>> SO WE HAVE TO PUT THE FUNDRAISERS ON MULHOLLAND I WANT TO ASK YOU ABOUT MORE OF A NATIONAL TOPIC -- THAT IS ELECTION LAW.

IT'S A BIG TOPIC AROUND THE COUNTRY.

YOU HAVE DEMOCRATS IN CONGRESS PUSHING A REALLY EXTENSIVE ELECTION OVERALL, VOTING OVERALL.

YOU HAVE REPUBLICANS IN A LOT OF STATED LEGISLATORS PUSHING FOR CHANGES IN ALLOW ELECTIONS ARE OVERSEEN.

SO IT'S THIS KIND OF TWO-WAY STREET.

AND YET WE HAVEN'T SEEN ANY BILLS LIKE THAT IN ALABAMA.

WHY DO YOU THINK THAT IS?

>> BECAUSE WE DON'T NEED THEM.

BECAUSE ALABAMA IS THE NUMBER ONE STATE IN THE NATION FOR ELECTION SECURITY, TRANSPARENCY AND ACCOUNTABILITY.

AND IT'S ONE THING FOR ME TO SAY THAT AS A CHIEF JUSTICE ROY MOORE ELECTIONS OFFICIAL BUT IT'S ANOTHER THING FOR THAT TO HAVE BEEN ACKNOWLEDGED BY THREE ENTITIES AFTER THE 2020 CYCLE WHEN THEY SAID ALABAMA IS THE NUMBER ONE STATE IN THE UNION FOR ELECTION ADMINISTRATION.

I TAKE A LOT OF PRIDE IN THAT.

AND I GET THE CREDITOR THAT TODD BUT I DON'T DESERVE ALL THE CREDIT.

IT SHOULD GO TO THE 68 PROBATE JUDGES AND OUR 68 CLERKS IN OUR 67 COUNTIES AND OUR 67 SHERIFFS, 200 REGISTRARS AND THOUSANDS OF POLL WORKERS AT OUT 1,980 POLL SITES THAT MAKE SURE THINGS GO WELL, EACH AND EVERY CYCLE.

THE MAIN REASON WE DON'T NEED ELECTION LAWS CHANGED RIGHT NOW IS BECAUSE WE HAVE BEEN DOING THAT OVER THE LAST SIX YEARS AND 11 MONTHS AND 25 DAYS I HAVE BEEN THE SECRETARY OF STATE.

AND IN DOING SO, WE HAVE MADE ALABAMA THE BEST IN THE UNION.

IT.

>> SEEMS PRETTY UNHEALTHY THOUGH FOR THIS DEBATE TO GO ON.

YOU HAD THE 2020 ELECTION.

SO MUCH DISTRUST.

I MEAN SO SIGNIFICANT A NUMBER OF PEOPLE THOUGHT THE ELECTION WAS STOLEN.

THEY STORMED THE CAPITOL OVER IT AND IT'S NO SMALL MATTER.

AND THAT COULD BE THE SAME CASE GOING FORWARD WITH THE NEXT ELECTION, IT COULD BE THE VERY SAME, NO MATTER WHO WINS, A SIGNIFICANT PORTION OF THE POPULATION WILL THINK THAT IS STOLEN.

IT SEEMS TO BE TO BE REALLY UNHEALTHY FOR A DEMOCRACY OVER PUBLIC.

AND YOU BEING SO INVOLVED IN ELECTIONS I WONDER IF YOU HAD ANY THOUGHTS ON HOW DO WE CHANGE THAT?

HOW DO WE GET PAST THIS DISTRUST OF THE ELECTIONS PROCESS?

>> TODD, IT IS A VERY DIVISIVE ISSUE.

IT'S AN ISSUE THAT IS NOT GOING TO BE RESOLVED IN THE NEAR FUTURE.

IT'S GOING TO BE RESOLVED OVER A PERIOD OF TIME WHEN TRUST IS REENGAGED BY THE PEOPLE WHO LOOK AT THE PROCESS AND SAY, OKAY, I CAN ACCEPT THAT.

THE THING THAT'S THE SEPARATION MODE THOUGH IN MY MIND IS WHERE PEOPLE DON'T HAVE A COMPLETE DISTRUST OF THE SYSTEM.

THEY LOOK AT THE PRESIDENTIAL ELECTION AND THEY'RE VERY CONCERNED.

BUT SOME OF THE SAME MEMBERS OF CONGRESS THAT ARE RAISING SAND ABOUT THE ISSUE, REPUBLICANS AND DEMOCRATS, DIDN'T QUESTION THEIR OWN COLLEAGUE'S RACES FOR THE HOUSE AND THE SENATE.

THEY DIDN'T QUESTION THE RACES FOR GOVERNOR OR FOR LEGISLATURE OR FOR COUNTY COMMISSIONER OR SCHOOL BOARD AT THE LOCAL LEVEL.

SO IF IT WAS IMPACTFUL AT ONE LEVEL, IT WAS IMPACTFUL AT ALL LEVEL.

>> SAME BALLOT.

>> EXACTLY.

AND THE SAME EQUIPMENT BEING USED.

SO IT'S IMPORTANT TO UNDERSTAND IT IS A PHILOSOPHY BUT IT'S ONE THAT HAS TO BE GIVEN ATTENTION, AND YOU HAVE TO SHOW WHAT YOU'RE DOING TO INCREASE SECURITY TRANSPARENCY AND ACCOUNTABILITY IN THE PROCESS TO GAIN PEOPLE'S CONFIDENCE BACK.

>> SO MUCH OF THIS IS GEMMED UP ON SOCIAL MEDIA AND DIS REPUTABLE NEWS SITES THAT PUSH CONSPIRACY THEORIES.

HAVE YOU HAD TO DEAL WITH ANY OF THAT IN ALABAMA?

>> YOU MEAN TODAY?

EVERY DAY MY FRIEND.

EVERY DAVE.

EVERY DAY.

WE GET CALLS.

WE GET EMAILS.

I GET TEXT MESSAGES.

AS YOU KNOW I GIVE MY CELL PHONE NUMBER OUT TO EVERYBODY.

WE GET COMMUNICATION COMMUNICATED WITH EVERY DAY FROM PEOPLE WHO ARE CONCERNED ABOUT THE ELECTION ADMINISTRATION PROCESS IN OUR STATED, THE EQUIPMENT THAT'S BEING USED IN OUR STATE, EVEN THOUGH OUR STATE IS NOT IN QUESTION ABOUT WHERE WE ARE OR WHO WE VOTE FOR OR WHY WE VOTE THE WAY WE DO.

I DO THINK IT'S IMPORTANT TO RESPOND TO ALL OF THOSE INQUIRIES AND TO DO IT IN A PROFESSIONAL MANNER TO MAKE SURE THAT PEOPLE HAVE THEIR QUESTIONS ANSWERED.

NOT ALWAYS TO THEIR SATISFACTION, BUT WITH THE FACTUAL EVIDENCE THAT PRESENTS ITSELF.

THE PROBLEMS THAT WE HAVE, TODD, THAT ARE REALLY DISTURBING TO ME IS WHEN PEOPLE -- INFORMATION IS REFUTED AND YET THEY CONTINUE TO PROMOTE IT AS THEIR NARRATIVE ABOUT WHAT'S GOING ON.

THAT IS NOT COMING FROM A REASONABLE PERSON.

WHEN THAT HAPPENS, IT CAUSES CONFUSION FOR EVERYBODY BECAUSE THEY CONTINUE TO PROMOTE THE SAME MISINFORMATION.

>> WELL, THIS IS GOING TO BE THE FIRST TIME IN A WHILE THAT YOUR NAME WON'T BE ON THE BALLOT.

>> RIGHT.

>> AND YOU HAVE SAID THAT FOR THIS ELECTION BUT I'M LOOKING AT THE FUTURE.

MIGHT THERE BE A POLITICAL COME BACK DOWN THE LINE?

>> I KNOW I DON'T KNOW.

I'M NOT CERTAIN WHETHER I WILL EVER TAKE ADVANTAGE OF THE OPPORTUNITY TO RUN FOR PUBLIC OFFICE AGAIN.

IF I CHOOSE TO DO THAT, THAT'S SOMETHING THAT CYNTHIA AND I WILL DECIDE TOGETHER, IT'S SOMETHING WE NEED TO DO BECAUSE IT IS A PARTNERSHIP WHENEVER YOU'RE DOING THAT AS A FAMILY, WHEN YOU'RE RUNNING FOR OFFICE.

BUT I WANT TO BE IN A POSITION WHERE I CAN CONTRIBUTE TO OUR COMMUNITY, TO OUR STATE AND TO OUR COUNTRY.

AND IF THAT MEANS THAT I NEED RUN FOR OFFICE AGAIN, THEN I'M SURE THE OPPORTUNITY WILL PRESENT ITSELF.

OTHERWISE THERE MAY BE ANOTHER WAY FOR ME TO SERVE.

I DON'T KNOW.

I WANT TO BE WHERE THE LORD CALLED ME TO BE DOING THE WORK HE WANTS ME TO DO FOR HIM IN A WAY THAT BRINGS HONOR AND GLORY TO HIM THROUGH MY LIFE.

AND THAT MEANS THAT IS IN ELECTED OFFICE THAT'S WHERE WE WILL GO.

AND IF NOT, THEN I'M SURE THE DOOR WILL BE OPENED AT SOME -- IN SOME CAPACITY.

>> SECRETARY MERRILL, THANK YOU FOR COMING ON "CAPITOL JOURNAL."

>> TODD, THANKS, GREAT TO SEE YOU.

>> WE WILL BE RIGHT BACK.

>> NEXT ON THE PROGRAM WE'RE JOINED BY STATE REPRESENTATIVE KYLE SOUTH OF FAYETTE.

MR. SOUTH, THANK YOU FOR COMING ON "CAPITOL JOURNAL"?

>> THANK YOU FOR HAVING ME, TODD.

>> WELL, YOU ARE THE SPONSOR OF ONE OF THE ONLY PIECES OF LEGISLATION THAT IS MOVING IN THE HOUSE THAT'S NOT BUDGET RELATED.

WE'VE BEEN TALKING ABOUT NOTHING BUT BUDGETS, BUT YOU HAVE LEGISLATION THAT ESSENTIALLY REPEALS A BILL YOU ENACT THE LAST YEAR ON THE NAME, IMAGE AND LIKENESS FOR COLLEGE ATHLETES.

CAN YOU EXPLAIN THAT?

>> YEAH, IT MAY BE THE BILL THAT HAS HAD ITS SHORTEST TERM AS LAW IN THE STATE OF ALABAMA.

PASSING IT LAST YEAR AND THEN GOING BACK TO REPEAL IT THIS YEAR.

BUT IN ESSENCE, WE ANTICIPATED THE NCA MOVING IN ONE DIRECTION WHERE STATE LAW WOULD HAVE HELD PRECEDENCE OVER THEIR RULES AND INSTEAD WENT DOWN A DIFFERENT PATH AND ADOPTED A SET OF STANDARDS OF THEIR OWN.

AND WHERE WE FOUND THE STATE IS THAT THE STATE LAW THAT WE PASSED IS A LITTLE BIT MORE RESTRICTIVE THAN WHAT THE RULES ARE AT THE NCAA LEVEL.

SO THE LAST THING WE WANT IS OUR INSTITUTIONS TO BE AT A COMPETITIVE DISADVANTAGE WHEN IT COMES TO RECRUITING STUDENT ATHLETES.

>> WHEN THE WHOLE POINT ORIGINALLY WAS TO NOT HAVE -- WE KNEW -- THIS NAME, IMAGE AND LIKENESS THING WHERE ATHLETES CAN NOW, ESSENTIALLY PROFIT OFF OF ANY USE OF THEIR NAME.

YOU'RE SEEING ENDORSEMENT DEALS, BUT YOU SPONSOR THIS LEGISLATION SO THAT WE WOULD BE FIRST TO THE MARKET, RIGHT, AND NOT GET LEFT BEHIND BY OTHER STATES.

>> YEAH.

SO WE MODELED THE SHRUGS LEGISLATION AFTER FLORIDA'S LEGISLATION LAST YEAR.

ALMOST WORD FOR WORD.

NOW, FLORIDA IS IN THAT SAME POSITION THAT WE ARE WHERE THEY'RE HAVING TO MAKE ADJUSTMENTS TO NOT THAT I'M AWARE NIL BILL TO COMPETE WITH STATES TEXAS, MICHIGAN, THAT HAVE A LOT LESS RESTRICTION ON THOSE PROGRAM MATERIALS.

>> THIS IS AN INTERESTING ISSUE BECAUSE IT REALLY HAS CHANGED THE GAME IN TERMS OF COLLEGE ATHLETES.

THAT ALONG WITH THE TRANSFER PORTAL.

I MEAN THESE STUDENT ATHLETES, YOU KNOW, IF THEY'VE GOT ENOUGH TWITTER FOLLOWERS OR INSTAGRAM FOLLOWERS THEY CAN MAKE SOME PRETTY GOOD MONEY, AND YOU HAVE SOME EXAMPLES OF THAT, UNIVERSITY OF ALABAMA, AUBURN -- MAYBE THE BIGGEST IS SENISA LEE AT AUBURN, A GOLD MEDAL WINNER.

ARE YOU CONCERNED AT OUGHT ABOUT THAT?

I KNOW YOUR POLICY IS JUST MAKING SURE THAT WE'RE NOT AS A DISADVANTAGE.

BUT IN FEEDBACK ON THIS BILL, WHAT HAVE YOU HEARD FROM FOLKS ABOUT THE ISSUE OF NAME, IMAGE AND LIKENESS?

>> I THINK THERE'S A POPULATION OUT THERE THAT WOULD RATHER NOT BE DEALING WITH THIS, YOU KNOW, WOULD RATHER GO BACK TO THE DAYS OF WHAT WE THINK OF AS AMATEUR ATHLETES AT THE COLLEGE LEVEL AND THOSE KINDS OF THINGS.

BUT YOU MAKE A GOOD POINT WITH SUNI LEE, WOULD SHE STEP ON THE STEPS AT AUBURN AND GIVE UP THE MONEY SHE MADE FROM THE GOLD MEDAL.

I DON'T THINK SHE WOULD.

SHE WOULD HAVE TO MAKE A BUSINESS DECISION AT THAT POINT.

THIS ALLOWS US TO MOVE IN THE DIRECTION WHERE THE STUDENT ATHLETES CAN COMPETE.

AND IT'S AN ONGOING CONVERSATION THAT I THINK WILL CONTINUE IN THE FUTURE AND BE ADJUSTED FROM TIME TO TIME AND, LIKE I SAID, WE'RE TRYING TO MAKE SURE WE'RE NOT AT A COMPETITIVE DISADVANTAGE.

AND BY REPEALING THIS, IF THE NCAA CHANGES IT'S POLICY, THE STATE DOESN'T HAVE TO GET INVOLVED AGAIN.

IT'S JUST BASICALLY AT THE MERCY OF THE NCAA I WHICH COULD CHANGE THEIR POLICY AND WE DON'T HAVE TO DO ANYTHING ELSE AS A LEGISLATURE.

>> THAT IS CORRECT.

AND I THINK THEY SHOULD.

I THINK THEY SHOULD LIMIT IN A LOT OF WAYS THE WAY ITS DONE AND MAYBE JUST THE ADMINISTRATIVE SIDE OF IT.

SO THAT EVERYBODY'S WORKING UNDER A UNIFORM SAID OF RULES.

>> LET'S TALK ABOUT BUDGETS, TALK ABOUT MONEY.

WE'RE SEEING IT JUST HISTORIC BUDGETS FROM THE STATE LEVEL.

BUT ALSO YOU'RE HAVING TO FIGURE OUT HOW TO SPEND SOME $580 MILLION FROM ARPA FUNDS, AMERICAN RESCUE ACT FUNDS.

THAT'S THE TOPIC DE JURE.

I KNOW YOUR CAUCUS HAS BEEN IN TOPICS, WHAT ARE THE LATEST TOPICS ABOUT HOW THAT MONEY IS GOING TO BE SPENT?

>> DEFINITELY THE MAIN TALKING POINT THIS WEEK AND LEADING INTO NEXT WEEK, YOU KNOW, I THINK WE'VE GOT OF WE'VE GOT A GOOD SKELETON OF A PLAN IN PLACE, AND I THINK WE WILL BE LOOKING AT POSSIBLY COMING INTO A SPECIAL SESSION WITHIN THE SESSION STARTING AT SOME POINT NEXT WEEK IF EVERYBODY CAN AGREE ON KIND OF THE TEMPLATE WE HAVE SET FORTH.

SO THERE ARE BIG ISSUES OUT THERE, SOME THINGS THAT ARE ALLOWED, SOME ARE NOT ALLOWED BY THE FEDERAL GOVERNMENT AND TREASURY WHEN IT COMES TO SPENDING THESE DOLLARS, BUT WE'RE LOOKING AT A LOT OF CAPITAL INVESTMENT IN THE STATE AS FAR AS WATER, SEWER AND BROADBAND.

BIG NEEDS.

BUT THEN ALSO BACK-FILLING SOME EXPENDITURES IN THE HEALTH CARE INDUSTRY IN THEIR WORLD DUE TO THE PANDEMIC.

>> THAT IS -- IS A ESSENTIAL SESSION A GOOD MOVE STRATEGICALLY?

I WAS COMPARING IT TO 2019 WITH THE GAS TAX AND INFRASTRUCTURE WHEN THE GOVERNOR CALLED THE SPECIAL SESSION WITHIN THE REGULAR, BASICALLY TO SEPARATE IT OUT AND SAY, WE DON'T WANT THIS ISSUE GETTING ENTANGLED WITH THE REGULAR BUDGETS OR ANY OTHER ISSUE OR MAYBE BEING TAKEN HOSTAGE BAY MORE POLITICAL ISSUE.

IS THAT SORT OF THE THINKING BEHIND A SPECIAL?

>> YEAH, I THINK KEEPING THE FOCUS ON THE ONE ISSUE KIND OF GETTING IT OUT OF THE WAY.

OBVIOUSLY WE HAVE SOME COVID ISSUES THAT ARE GOING AROUND IN THE STATEHOUSE TOO THAT WE HAVE TO BE COGNIZANT OF AND WE DON'T WANT TO GET TO THE POINT IN THE SESSION WHERE THIS ENDS UP HAVING TO HAPPEN TWO MONTHS FROM NOW RATHER THAN AT THE FRONT END.

BUT ALSO THERE IS SOME DEADLINES THAT WE NEED TO MEET THROUGH THIS PROCESS WHETHER IT BE THE UNEMPLOYMENT COMPENSATION FUND.

THERE'S A PROPOSAL TO PUT ABOUT $80 MILLION BACK INTO THAT FUND WHICH WOULD IN TURN KEEP RATES DOWN AND GET RATES BACK TO WHERE THEY WERE PRE-PANDEMIC.

>> BUSINESS TAX RATES?

>> THAT'S CORRECT.

SO I THINK THOSE ARE THINGS THAT, YOU KNOW, WE HAVE TO DO THAT BY JANUARY 31 AND FOR IT NOT TO GO BACK UP.

SO I THINK THERE ARE SOME TIMING ISSUES THAT MAKE IT ADVANTAGEOUS FOR US TO DO THIS ON THE FRONT END.

>> THERE'S BEEN A LOT OF TALK ABOUT BROADBAND AND EXPANDING BROADBAND INTERNET, HIGH-SPEED INTERNET ESPECIALLY IN RURAL AREAS.

YOU REPRESENT A RURAL AREA.

IS THERE A -- DO YOUR CONSTITUENTS, IS THIS SOMETHING THEY'RE ASKING YOU ABOUT OR ASKING FOR FROM THE STATE?

>> I THINK IT'S AT THE TOP OF THE LIST.

IT'S ONE OF THE THINGS THAT WE TALK ABOUT THE MOST.

I THINK THE PANDEMIC HIGHLIGHTED A LOT OF THOSE CONCERNS AROUND OF THE STATED WHEN IT CAME TO EDUCATING THEIR KIDS, WORKING FROM HOME, AND I THINK IT'S AN OPPORTUNITY FOR THE STATE TO INVEST AND THEN TO RECRUIT POPULATIONS INTO THE STATE THAT CAN WORK REALLY ANYWHERE, YOU KNOW.

WE'RE LOOKING AT SITUATIONS WHERE SOMEBODY IN FAYETTE ALABAMA CAN WORK IN THE SILICON VALLEY IF THEY'RE -- IF THEIR SKILL SAID ALLOWS THEM TO DO THAT BY SITTING IN FRONT OF A COMPUTER EVERY DAY AND WE WANT TO HAVE THOSE OPPORTUNITIES FOR EVERYBODY NOT JUST THOSE IN CERTAIN PARTS OF THE STATE.

>> IT SOUNDS PRETTY UNIVERSAL ACROSS PARTY LINES THAT BROADBAND IS GOING TO BE A BIG PART OF THIS ARPA SPENDING.

REPRESENTATIVE SOUTH, THANK YOU FOR COMING ON "CAPITOL JOURNAL."

>> THANK YOU, TODD.

>> WE WILL BE RIGHT BACK.

SIX.

>> THAT'S OUR SHOW FOR TONIGHT.

THANK YOU FOR WATCHING.

DON'T FORGET TO WATCH "CAPITOL JOURNAL'S" "WEEK IN REVIEW" FRIDAY NIGHT AT 7:30 RIGHT HERE ON ALABAMA PUBLIC TELEVISION.

FOR OUR "CAPITOL JOURNAL" TEAM, I'M TODD STACY.