Alabama Politics in
Doc’s Political Parlor
& Home of Lawn Mower Repair

NOTE: Sen. Hank Sanders has written a weekly column for papers in his legislative district for the past twenty years. These rural, weekly papers lack a web presence, and links to the columns are not typically otherwise available. The column below is provided by Sen. Sanders’ office for inclusion in the Daily News Digest.

Senate Sketches # 1093

By

Senator Hank Sanders

********************************

We were close, really close. After 19 years, we were close to passing a proposed Constitutional Amendment that would allow Alabama citizens to vote state sales tax off food. I have been trying to accomplish this feat since 1989. I know “close” only counts in horseshoes and hand grenades, but I still want to share how it was so close.

It’s hard to pass a Constitutional Amendment anywhere. In Alabama, it takes a majority vote of the people in addition to a 3/5 vote of the elected membership of the House and the Senate. That’s 21 of 35 in the Alabama Senate.

The bill had already passed the House. Now we had 21 senators willing to vote for the proposed Amendment, but a combination of obstacles ringed the path to the vote. We were so close.

Back in the early eighties, Governor Fob James decided that the Alabama Legislature should pass budgets at the beginning of each Regular Legislative Session. To force early passage, he proposed, the Legislature passed, and the people approved a Constitutional Amendment to make it difficult to consider legislation before budgets are passed. It requires passage of a resolution by a 3/5 vote before any other legislation can be considered. We call it a “Budget Isolation Resolution” (BIR).

This Constitutional Amendment, however, has not caused budgets to pass any earlier in the session but has created many challenges. A bill that may actually pass a legislative body with as little as 10 votes requires 21 votes (or 3/5 of those voting) to be considered.

The vote on the BIR for the Sales Tax Off Food bill was 20 to 11 with 3 abstaining. All 20 voting for the BIR were Democrats. All 11 voting against it were Republicans. Two Democrats and one Republican abstained and one Republican was absent. In spite of a vote of 20 to 11, we still lost by one vote because the three abstentions are counted as “no votes.” If one of those abstaining had not voted, we would have won. We came so close, but close only counts in horseshoes and hand grenades.

Two of the three senators abstaining were willing to vote for the BIR, and one of the two was willing to vote for the proposed Constitutional Amendment. They, however, wanted something for their votes: passage of a local bill mired in controversy. Senate leaders were willing to help pass the local bill but they also wanted something: a commitment from one of the senators to not only vote for the sales tax off food bill and the BIR, but to vote cloture as well.

Let me explain this “cloture” thing. In the Alabama Senate, we have the right to unlimited debate. That means senators can talk as much as they want on any bill. The public calls it “filibustering.” We call it “extended debate.”

When some senators don’t want a bill to pass, they keep talking, talking, and talking - extending the debate. We knew Republicans would filibuster the Sales Tax Off Food bill. Therefore, we had to be able to cut off the debate (cloture).

In the Alabama Senate, 21 votes are required to cloture. The senator would not agree to vote cloture. He said that he, a Democrat, entered into a pact with Republicans at the beginning of the Session to not vote cloture against each other.

Since the senator could not vote cloture, his willingness to vote on the BIR and the bill would not mean anything. Without cloture, we would never get to vote on the sales tax off food bill. Therefore Senate leaders declined to help him with the local bill. We were so close.

Then, there were attempts to compromise the bill. Some Republicans wanted to attach passage of the four-year appraisal bill to the sales tax off food bill. We quickly rejected this “compromise,” but allow me explain.

Governor Bob Riley, through the Alabama Revenue Department, changed the frequency of tax appraisals on property from every four years to every year. Now he wants the Alabama Legislature to change these appraisals back to every four years. Democrats say that he changed it to every year and he, “with a stroke of the pen,” can change it back to every four years. It is a hot political issue.

Then several Republicans offered a proposal that would take the state sales tax off food and alter the federal tax deduction as follows: a full deduction for those making less than $100,000; a partial deduction on a sliding scale for those making between $100,000 and $400,000; and no deduction for those earning more than $400,000. We agreed to the proposal, but Republicans, after meeting with Governor Riley, rejected their own proposal. We were so close, but close only counts in horseshoes and hand grenades.

We have one legislative day left, Monday, May 19. We usually skip a week or so between the last two days of the Regular Legislative Session so that bills vetoed by the Governor can be overridden by the Legislature. Frankly, I don’t know what will happen with the Sales Tax Off Food bill on the last day. I do know that we were close, really close. But “close” only counts in horse shoes and hand grenades.

Now on to the Daily Diary.

Saturday - I was still in Montgomery for the Alabama New South Coalition (ANSC) Convention where I participated in two (2) general sessions, a candidate screening session and a district caucus. I talked with many leaders including ANSC President Robert Avery; Board Chair Dr. Carol P. Zippert; John Zippert of The Greene County Democrat; Dr. Rhoda Johnson of Tuscaloosa; Judge John England of Tuscaloosa; Gus Towns of Montgomery; Dr. Roberta Watts and Roger Watts of Gadsden; U. S. Senate Candidate Vivian Davis Figures; and Shellie Fearson, ANSC State Coordinator. I participated in an ANSC Board meeting before returning to Selma to work into the night on the education budget, taking sales tax off food, and other matters. Between Saturday and Sunday, I called all 18 members the Senate Finance and Taxation Education Committee (F&TE) to discuss the education budget.

Sunday - I traveled to Talladega College to receive an Honorary Doctor of Humane Letters during graduation. I made remarks and returned to Selma to work on the education budget, taking sales tax off food and other challenges. I talked to many including Dr. Margaret Hardy, co-host of Radio Sunday School; Khadijah Ishaq of Selma; Attorney James Cole of Fort Lauderdale, FL; Senator Ted Little; Graduation Speaker Tom Joyner; Dr. Billy C. Hawkins, President of Talladega College; James Thornton, Chair of the Board of Trustees of Talladega College; Senator Phil Poole; Senator Roger Bedford; Senator Bobby Denton; Senator Vivian Davis Figures; Senate Zeb Little; Senator Del Marsh; and Joyce Bigbee of the Legislative Fiscal Office (LFO). I discussed education and other issues over Sunday Dinner with Bobby McKenzie and Dr. Fannie McKenzie, Superintendent of Dallas County Schools.

Monday - I finished Sketches and talked with the following: Senator Larry Dixon; Louretta Wimberly of Selma; Dr. Paul Hubbert of the Alabama Education Association (AEA); Rebecca Pilkinton of the Alabama Conservation Service; Representative John Knight about taking sales tax off food; Consultant Rick Heartsill; Norris Green, Joyce Bigbee, and Kelly Butler of LFO; and Inez Curtis, Rev. George Curtis, and Youlanda Curtis of Washington County.

Tuesday - I traveled to Montgomery for a series of meetings on Senate operations, the education budget, taking sales tax off food, and the PAC-to-PAC transfer bill. I chaired a meeting of the F&TE Committee where the education budget and related bills were favorably reported. I communicated with so many persons about the budget and other matters including the following: Governor’s Finance Director Jim Main; State School Superintendent Dr. Joe Morton; House Budget Chair Representative Richard Lindsey; and Consultant Phillip Kinney. The Senate Session lasted into the night and I returned to Selma.

Wednesday - I traveled to Birmingham for a pre-operation visit. I returned to Selma, worked through the evening and into the night on various challenges and participated in several meetings. In my absence during the morning, Senator Quinton Ross chaired a second F&TE Committee meeting. I talked with many leaders including Senator Del Marsh; Dr. Paul Hubbert; Susan Kennedy with AEA; Randy Wilhelm of the Lieutenant Governor’s Office; Representative John Knight; and Consultant Rick Heartsill. I spoke at the Alabama Extension Service Employees Organization Banquet and did a book signing. I also talked with other leaders from around the state before returning to my office to work until 10:30 p.m.

Thursday - I returned to Montgomery for numerous meetings and a Senate Session where we fell one vote short of considering the bill to take sales tax off food. Faya Rose visited the Senate and was recognized by the President of the Senate. I talked multiple times with each of the following: Dr. Paul Hubbert; Senator Zeb Little; Senator Tom Butler; Senator Lowell Barron; Representative John Knight; Consultants Paul Hamrick and Phillip Kinney; Sharon Wheeler of the Senate President Pro Tem’s Office; Senator Linda Coleman; and Senator Kim Benefield. I also talked with many others including the following: Sophia Bracy Harris and Linda Gilford of FOCAL; a group of pre-school children; and a group of FOCAL leaders. The Senate Session continued well into the night and I returned to Selma.

Friday - I began writing Sketches and talked with the following: Senate Majority Leader Zeb Little; Dr. Carol P. Zippert; Consultant Rick Heartsill; Representative John Knight; Senator Lowell Barron; Dr. Paul Hubbert; Assistant State School Superintendent Craig Pouncey; Joyce Bigbee and Frank Kishner of LFO; and Abina Billups of Selma. I made remarks at the funeral of James Austin and handled many other duties.

EPILOGUE - Sometimes things come together to produce unforeseen results. In this instance, a Constitutional Amendment passed in the eighties, a long standing Senate filibuster rule and a “mired-in-controversy local bill” came together to impact a 19-year effort to take state sales tax off food. We never know what will cause us to be just so close.

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