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

While I have a couple of bills on the calendar this week I am not going to try and fool anyone into thinking anything other than THE DEBATE in Montgomery this week will be the Constitution Convention legislation sponsored by Rep. Demetrius Newton of Birmingham.

Although a lot of us keep up with the inner workings of Montgomery I realize that some of the readers of this blog do not so let me briefly explain what the BIR is. A while back legislators try to come up with a way to have the budgets passed earlier in the legislative process. As a way of doing this they created a rule known as the Budget Isolation Resolution. This “resolution” is required to be passed before any bill can be voted on that is brought up BEFORE the budgets have been sent over to the Governor for his signature. So before every bill is brought up for debate on its merits a BIR vote is brought to the floor on that particular bill. The BIR must be adopted by three-fifths of all those voting in order to be adopted. If it is adopted then the bill can be debated and then voted on. If the BIR vote fails to get three-fifths approval then you move on to the next bill on the calendar.

Usually the BIR is adopted pretty easily so it serves very little of its original purpose to bring the budgets up for a vote earlier. However sometimes this rule is used very effectively by the minority to prevent a vote on a bill. (It happened last week to a bill sponsored by Rep. Newton as well— it failed on the BIR as well).

So the question remains, will the Constitution Convention bill get the BIR vote? My prediction is that it is very close but will come up short on the BIR. I have nothing firm to base this on other than my gut feeling. Usually there is a steady stream of calls and lobbying to prevent a bill like this from coming up for a vote and I do not hear that this time so either the opponents feel they already have the votes or they plan on using the Senate mess to kill the bill in committee in the upper chamber.

I might eat some crow on this prediction and if I did it surely would not be the first time! I just thought it might be fun to put it out there for a little more debate before we go into session tomorrow.

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House Minority Leader and GOP state chair Mike Hubbert hits it right on, and there is no pretty way for the Democrats to spin it. The Democrats in the state legislature have dropped the ball pretty spectacularly on their campaign promises, aka their “Covenant for the Future.”

The bar was set low enough that they didn’t even promise to pass them if they were elected, just that they would ensure a vote in the first ten days, but they have not even met that bar. Some of the proposed bills have not even been filed.

Some of them were mistakes in the first place, from the Parlor’s perspective. They didn’t look like Democrats in making some of them, and they don’t look honorable in forgetting that they made them.

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In case you missed it last week, John Archibald of The Birmingham News wishes more people were outraged at the shenanigans in Jefferson County:

What do Jefferson County residents do when they find they’ve been robbed blind by debt, misspending, waste, bribery, corruption and stupidity? Nothing. They sit like lumps, still wondering if the county will build that dome.

As much as these things have been reported, you don’t hear of the citizens’ revolt that you might expect.

A study released last week says the county overpaid bankers by as much as $100 million on its many controversial swap deals. We’ve yelled it for years.

And…

County ratepayers still must pay more than $26 million to fix a pump station built by F.W. Dougherty Engineering, which was never qualified to do the job in the first place. We now know Pat Dougherty bribed county officials to get work…

What does it take?

It’s time county residents woke up and realized they’ve been robbed on an unprecedented scale. If the full cost of the corruption and mismanagement is ever known, my bet is that it will be near a billion dollars.

He had a follow-up column on ways to make waves on these issues.

Maybe it is starting to connect. I had people ask me if I read these columns last week.

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From an editorial this morning in The Montgomery Advertiser on the state Senate’s dysfunction and slowdown:

At the heart of the slowdown is an attempt by a minority of senators — 12 Republicans and five Democrats — to modify changes in the rules for this session that the minority feels gives too much power to the Senate leadership. Chief among the minority’s concerns is a rule change that allows 18 senators, instead of 21, to cut off debate on the state budgets and on bills to redesign legislative and congressional districts.

The minority coalition has a point. The rule changes do tend to concentrate power with the Senate’s leadership. Also, the coalition’s fear that the new power could lead to budgets that are pushed through without thorough debate are legitimate. And it is likely that the majority will use the rule change to redraw district lines to make it easier for themselves and their fellow Democrats to be elected.

It’s a good editorial, though my main point here is to comment on whether the Democratic majority will redraw district lines before the next census.

The rule change clearly makes it easier for the majority to redraw district lines, and no doubt the Democratic majority created the rule change with an eye toward doing so. But I hear that the Democrats do not intend to bring such a proposal in this 2007 session. I have heard of no specific proposal or any talk on such a subject this year.

So if they were to bring the legislation next year, in 2008, candidates will already be well into the election cycle for the 2008 elections. Theoretically, I believe that redistricting could be passed early in the session (which starts Feb. 5 next year). For example, the new district lines in 2002 were passed into law on January 31, 2002.

However, everyone understands that the new 2002 district maps were necessary because of the 2000 census, just as they will be redrawn after the 2010 census. Any changes made at the 11th hour in 2008 will be for political gamesmanship, not necessity. Candidates will have made plans and been fundraising for the 2008 election for many months. The hue and cry raised because of the political gimmickry of redrawing districts in the middle of the decade will no doubt be amplified by those who are well into their plans to run for office under existing district lines.

If the Democratic majority wanted to press their advantage to redistrict without bringing legislation this year, then the 2010 election is the next one they would most likely affect. But would they want to provoke the rancor and the bitter, hard feelings that would arise from using these Senate rules to redraw the maps before the census for the purpose of affecting only one election in 2010? After that, the new census data would require that the lines be redrawn again.

Am I missing something? Am I underestimating the possibility that the Democrats would try to redistrict early in the 2008 session for the 2008 election? New maps would have to have Department of Justice clearance, and lawsuits often follow. The Democrats in the legislature would create a lot of hard feelings by redistricting before the next census, even more if they do it in 2008 for the 2008 elections.

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Birmingham News - Lawsuits allege that Birmingham suburbs target Hispanics for stops and arrests by police.

Birmingham News - Rep Pat Moore (R-Pleasant Grove) seeks to seeks to expand seat belt requirement to back seat passengers.

Birmingham News - The Birmingham News urges House to approve measure to allow voters to decide whether to convene constitutional convention.

Press-Register - “The Political Skinny,” the Press-Register’s  weekly political roundup from Mobile, Montgomery and Washington.

Press-Register - Press-Register calls for the Senate to give approval of House-passed measure to create commission to run Department of Transportation.

Tuscaloosa News - Rep.Mark Keahey (D-Grove Hill) seeks official state audit of Governor’s use of state plane.

Tuscaloosa News - The Tuscaloosa News sees contract for interim chancellor of community college system as a “serious mistake.”

Anniston Star - The Anniston Star discusses new report on pay discrepancies between men and women.

Decatur Daily - The Decatur Daily says the proposal to remove sales tax from food deserves more attention than it has received thus far in legislature.

Gadsden Times - Article explores the “real” impact of the proposed apology for state’s role in slavery.

Montgomery Advertiser - The Montgomery Advertiser characterizes Senate as “dysfunctional.”

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Birmingham News - The Birmingham News attributes lack of movement of measures to return property tax reappraisals to four-year cycle to influence of AEA’s Paul Hubbert.

Birmingham News - The Birmingham News views the decision of the State Board of Education to extend current interim chancellor’s contract through October as “a bad omen for a system in much need of reform.”

Press-Register - New poll shows McCain, Giuliani leading GOP presidential contenders in state.

Press-Register - Press-Register calls for Senate to give quick approval to House-passed tax incentives in effort to lure steel plant to Mobile.

Press-Register - Commentary from The Economist on the changing view of the South.

Daily Home - The Daily Home praises students who rallied this week for constitutional reform.

Daily Mountain Eagle - Sen. Charles Bishop (R-Arley) argues that slavery apology will harm race relations and state’s economy.

Decatur Daily - Mississippi, Alabama alone in collecting full amount of sales tax on food purchases.

Decatur Daily - “Capitol Letter,” M. J. Ellington’s weekly roundup from the legislature for the readers of The Decatur Daily.

Gadsden Times - Following a poor ranking in protecting legal rights of children, The Gadsden Times urges policy-makers to review protections offered in other states in seeking ways to address issue in Alabama.

Montgomery Advertiser - Commentary by Sen. Hank Sanders (D-Selma) on this perception of the  importance of the apology for slavery currently under consideration in the legislature.

Montgomery Advertiser - House Minority Leader Mike Hubbard (R-Auburn) blasts Democrats for what he says is their failure to fulfill promises made during the last election cycle.

Anniston Star - Commentary by Samford University student on efforts to reform Alabama’s constitution.

Anniston Star - Commentary by Miles College student on recent rally by college students calling for constitutional reform.

Tuscaloosa News - “Alabama Exposure,” Dana Beyerle’s weekly political roundup for the readers of the NYTimes regional papers.

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Yesterday afternoon and evening, Representatives Randy Hinshaw and Cam Ward gave us two more Posts from the Legislature. Rep. Hinshaw (D - Meridianville) still trusts the people, and Rep. Ward (R - Alabaster) sees one issue standing out among others on next week’s Special Order Calendar.

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Birmingham News - The Birmingham News says that reports on redecorating offices following huge pay raise feed distrust of legislators.

Birmingham News - Commentary by former Chief Justice Roy Moore asks “criminals don’t register their guns, why should we?”

Huntsville Times - Riley says he wants legislature to pass some version of PAC-to-PAC ban during final half of session.

Montgomery Advertiser - Dallas County DA promises prosecution in civil rights era murder that sparked Selma to Montgomery march.

Montgomery Advertiser - Federal panel denies stay of execution for Alabama death row inmate.

Montgomery Advertiser - Riley defends proposal to limit the amount of leave that can be taken by K-12 and community college employees.

Times Daily - The Times Daily calls for the state to provide more funding for a fairer justice system and adequately funded prison system or continue to face risks to economic development as suggested by visiting EU ambassador.

Opelika-Auburn News - Lyman Ward Military Academy may close permanently at end of May.

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Below is a list of bills that are proposed to be debated when the legislature convenes on Tuesday. While the upcoming Special Order Calendar for the Alabama House of Representatives might look like a full plate of debates one issue continues to loom large for everyone watching the legislative debate– the Constitution Reform Act sponsored by Rep. Newton (Birmingham) promises to dominate the House debates.  The bill is 5th on the calendar and it promises a lot of fireworks.  The real question will be whether or not it gets the BIR (Budget Isolation Resolution) vote or not. If it does not, we might as well not plan on passing any other bills on the calendar that day because it guarantees a shut down of the process by proponents of constitutional reform. This is somewhat ironic because for those advocating constitution reform one of their biggest arguments is how slow and unwieldy our legislative process is and therefore we need to have reform. If the BIR fails you can expect those same proponents to be opponents of the system in place from moving quickly and smoothly. On the flip side of this (and I believe this is very likely the case) the BIR could pass and if it does I would recommend every House member to plan on a late on the House floor full of lots of debate.

Whatever scenario plays out one thing is for certain, it is rare when a debate over an issue as big as this occurs in the legislature.. It will be fun and sure to generate some real political discussion in our state.. Both sides have made some very good arguments lately and I expect this to be one of the better and more productive political discussions we have had in a while primarily since it covers everything from taxes to education to how we hold elections.

While I do not want to downplay the other bills on the calendar (I am particularly supportive of Rep. Grimes, Rep. Keahy and Rep. Johnson’s bills) I do think all the media and public’s attention will be drawn to the constitution reform debate.

Here is the proposed list of bills to be voted on, of course the calendar still has to be approved by the full House before actual voting begins on each bill–

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Next week we will consider Rep. Mike Ball’s Initiative and Referendum Constitutional amendment in Constitutions and Elections committee (At 9:00 A.M. on Wednesday not 10:00 as posted, the clerk will change the posting Monday) and on the house floor Rep. Demetrious Newton’s bill to have a referendum on calling a Citizen’s Convention to rewrite Alabama’s constitution will be on the special order calendar.

I plan on supporting the I & R bill, Rep. Ball sponsors a version that my old friend, the Late Albert Hall (D-Gurley), sponsored in the past.

In addition, I plan on voting for the Speaker pro-tem Newton’s bill on the floor as well……………Indeed, I trust the people

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Many bills exiled to the dark nether regions of sub-committees never see the light of day again. I hear that HB 331 is back and will be considered in House Committee on Wednesday. The bill is sponsored by Rep. Patricia Todd (D - Birmingham) and would raise the minimum wage for the first time in ten years, from $5.15 to $7.25 over two years.

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Rep. Cam Ward (R - Alabaster) recaps the end of the legislative week in our Posts from the Legislature.

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This week in the House started off with four bills that were the result of a year long study conducted by the Alabama Commission on Infrastructure. The Commission, which was created primarily by economic development interests in Alabama, was a bi-partisan effort to figure out what can be done to improve Alabama’s clogged infrastructure system. I served on that Commission along with about 40 business leaders, public transportation advocates and other local officials from throughout Alabama. While came up with several suggestions for improving Alabama’s problems the first four bills in the package were introduced and passed out of the House on Tuesday. Those included the Independent Transportation Commission to oversee ALDOT which I sponsored, a bill to provide more flexibility for the development of toll roads in our state, and two bills that would streamline the process for investing more in rail and waterways in our state. These four bills aren’t the kind of stuff that will just set the blogs on fire at night and surely don’t make for fun partisan warfare but they are long over due in how we look at economic development and allowing easier transport of people in Alabama.

The House also passed Rep. Mary Moore’s slavery apology resolution. This was done after the resolution was amended to bar any sort of reparations from being paid as a result of the resolution. This debate had the typical fights that most of these resolutions have had around the country where proponents insisted on the need for an apology to make amends for wrongs against their ancestors versus the opponents who voiced dismay about the fact that no one in that chamber who was being asked to apologize had ever engaged in slavery or agreed with it. In the end it passed by an overwhelming margin. In the end I am glad it is off the table but I have support the position voiced by Rep. Jay Love (Montgomery) when he said “I never engaged in the practice of slavery and have never condoned it, so why should I say I am sorry for something I didn’t do.”

By Thursday of this week it was painfully obvious that the House had just about run its course with regard to our work schedule. While the Senate was meeting for a couple of hours each day before recessing the House continued its work schedule of debating 6 to 7 hours each day on a host of bills and resolutions. Tempers flared a few times (unfortunately including mine!) during the end of the debate on Thursday when the House refused to consider a bill sponsored by Rep. D. Newton (Birmingham) that would restrict a judge’s power to override a death penalty verdict given by a jury. This defeat was primarily a result of NO votes by Republicans and Conservatives Democrats. As a result of this clash the bill I am sponsoring to prohibit the felons from profiting from their crimes while in prison, was prohibited from coming for a vote by a filibuster from the House Black Caucus.

If all this sounds like it can be frustrating at times, it is but that is the nature of the legislative process.

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A bit ago… a county property tax official allowed in coversation that there were three good reasons to be for annual property tax revaluations, and there were three good reasons to be against. I thought that sounded like a great blog post and said, ok, I’m game, why don’t you get back to me on that.

So here we go, courtesy of a county property tax official…

Pros of annual property tax reappraisals.

• Fair market value on any piece of property tend to change from year to year. It can move up or down, depending on the free market and economic cycles. The state constitution requires property to be assessed in proportion to value and Title 40 of the state code requires that on each October 1 all property gets appraised at fair market value. Thus it only makes sense to do this on an annual basis.
• Annual revaluation brings Alabama in line with the overwhelming majority of states that already do this.
• Annual reval gets county appraisals closer in line to private sector estimates of property values. Taxpayer protests to the county boards of equalization decrease.
• Since property values in general tend to remain stable and usually increase to varying degrees each year, local and state governments benefit from incremental increases in revenue.
• The state of Alabama already reappraises utility-owned (Class I.) property and counties annually reappraise tangible business assets/property on annual basis. To reappraise some taxable property annually while others get reappraised less frequently creates inequity in the ad valorem process.

Cons of annual property tax reappraisals.

• The Alabama Revenue Department re-created unfairness in ad valorem by phasing it in over a four-year process. They ordered some counties (like Shelby, Jefferson, Lee, Autauga) to begin annual reval first, ahead of other counties like Clay or Tuscaloosa. ADOR should have given all counties three years to ramp up for annual reval then implement it in all 66 counties at the same time. (Montgomery County voluntarily began annual reval in the mid 90’s)
• Annual reval means higher tax bills for taxpayers, and it will hit the elderly and fixed-income taxpayers the hardest. The homestead exemptions, as provided in Title 40, Section 9 of the state code, have remained unchanged since the late 1970s & 1980s with no adjustments for inflation. Unless the state lege amends those laws, these exemptions will continue to diminish in real dollar value to all homeowners. As more people approach retirement age and begin drawing pensions, fewer taxpayers will remain qualified for extra homestead exemptions based on age & low income.
• It is unnecessary. There is no legal requirement to reappraise property annually. The code and the constitution are silent on how frequently to reappraise.
• Rural counties such as Randolph do not have adequate real estate volume annual to create a sample big enough for a meaningful sales study. Without enough sales, you cannot reappraise property fairly or properly and achieve equalization. Rural counties need at least 2, perhaps 3, years to get enough data.

Of course, the relevant question is, “Will legislation pass that takes us back to revaluations every four years instead of annually?”

“As long as Hubbert allies chair the relevant $$$$$$$$$$ committees, then any & all such proposals are gonna die a quiet death.” (Which fits with what I heard earlier this month.) So says the property tax official.

AP’s Phillip Rawls has a story this week on the lack of progress in rolling back the property tax reappraisal to every four years.

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Former state Rep. Dick Brewbaker (R - Montgomery) is cynical enough to believe that the bill to ban PAC-to-PAC transfers actually helps incumbents and hurts potential challengers.

I am cynical enough to believe that if the bill really protected incumbents, it would have passed a long time ago.

That said, Brewbaker does support banning PAC-to-PAC transfers as “a first step towards cleaning up the campaign financing mess in Alabama.”

He also writes, “The time has come to set strict limits on the amount of money a PAC may give to a politician during any election cycle.” Without other reforms, that would be of limited value and would only lead to an explosion in the number of PACs. If the PAC you run is limited in the amount it can give to your favorite candidate, then you’ll create more PACs.

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