Windom galliher Montgomery update March 13, 2015 A few fireworks, but few surprises One of the fundamentals of geometry is that the shortest distance between two points is a straight line. In this week’s debate on charter schools, Senate Presi- dent Pro Tem Del Marsh (R-Anniston) chose the lessons of calculus over geom- etry. In Sen. Marsh’s political calculus, he determined that letting Senate Demo- crats have an opportunity to fully debate and offer amendments to his No. 1 pro- ject for the session was a much longer journey, but would pay off in the long run.

As it turned out, Sen. Marsh took a five- MAKE NO MISTAKE, SENATE PRESIDENT PRO TEM DEL MARSH (R-ANNISTON) hour turn at the podium to explain, de- INTENDS FOR CHARTER SCHOOLS TO COME TO ALABAMA fend and advocate for his bill. He even had to deal with questions and amend- Sen. Marsh to continue the willingness to er. The 35 members held a private “Unity ments from his Republican teammates. let debate continue on bills. Dinner” to try to allow the Senators to Slow and steady, the saying goes, wins Hopes for the smoothness continuing have some time together to break bread the course. When it was over, Sen. evaporated over night when the Senate instead of wage war at the two podiums. Fiscal Responsibility & Economic Devel- Marsh took a few amendments (a sur- On Thursday, Sen. Waggoner had the bill opment Committee reported out a bill to prise or two in there) and defeated a at the top of the Senate agenda, but that restructure the board of the Birmingham bunch more. Ultimately, he got what he was set aside as the two veteran legisla- Water Works. Senate Rules Chair Jabo wanted — the Senate passed the bill 22- tors were asked yet again to try to come Waggoner (R-Vestavia Hills) has been 12. The Senate’s eight Democrats and to a compromise on the bill. one Independent were joined by Republi- pushing for the legislation to give com- Under the current structure, the board is can Sens. Arthur Orr (Decatur), Paul San- munities served by the Water Works comprised of four Birmingham residents ford (Huntsville) and Clyde Chambliss more control over the Board. appointed by the City Council, and a fifth (Prattville) in voting against the bill. The bill is anathema to Legislative Black member that is a resident of Jefferson Caucus Chair Sen. Rodger Smitherman The bill was immediately transmitted County, but not of the city also appointed (D-Birmingham). Once the bill moved in and started its journey the following day by the Birmingham City Council. with a public hearing in the House Edu- committee, Sen. Smitherman quickly Sen. Waggoner’s bill would retain the cation Policy Committee. moved to slow down the Senate on Wednesday’s session work. With the late four Birmingham residents on the board, Sen. Marsh received kudos from both start time due to committee meetings in but would take the Jefferson County ap- sides of the aisle for his patience in al- the morning and early afternoon, it didn’t pointment and give it to the Jefferson lowing Senators to essentially talk them- take much for the Senate to throw in the County Mayors Association. The bill also selves out on issues related to the bill. towel for the day. Additionally, the Sena- (Please see Fireworks, Page 2) Democrats went to the podium to ask tors had a date to keep — with each oth- PAGE TWO WINDOM GALLIHER MONTGOMERY UPDATE march 13, 2015

Freshman gets his Fireworks first taste of House (from Page 1) filibuster on bill would create two new seats to be rotat- ed between Shelby, St. Clair, Blount When you are the sponsor of a three- and Walker counties, which have resi- page bill that is being filibustered, you dents participating in the program. The learn a few things quickly. One of the first bill would also reduce the pay of the things absolutely has to be: there are only board from $285 per meeting to $500 so many questions you can be asked. per month and institute new controls Freshman Rep. Jim Hill (R-Moody) made on member’s expenses. his maiden voyage at the microphone on Sen. Waggoner’s arguments are that his bill that would clarify that the state’s the board has been free-spending on judges and ministers couldn’t not be com- trips to conferences, and that the non- pelled to per- Birmingham residents believe they form mar- FRESHMAN REP. JIM HILL (R- have no voice in Water Works policy.

riage cere- MOODY) SURVIVED A FOUR-HOUR Sen. Smitherman says that Birming- monies for TOUR AT THE MICROPHONE AS ham has built the infrastructure, owns anyone. SPONSOR OF BILL THAT PROTECTED the infrastructure and that the out of JUDGES AND MINISTERS FROM Ultimately, county customer base makes up only BEING COMPELLED TO PERFORM the bill 10 percent of the system’s customers, REP. (D- passed 69- MARRIAGE CEREMONIES yet would get nearly 30 percent voting BIRMINGHAM’S TEARFUL 25, but it was representation. PLEA WASN’T ENOUGH no easy ride. Democrats were the ones debating him A year ago, Sen. Smitherman was able TO STOP BILL FROM on the bill, and the only supporting voice Right out of to marshal forces to defeat the bill, and PASSING he received was from Rep. (R- the chute, undoubtedly will try to do so again if he Madison), who said that opponents were Rep. Patricia Todd (D-Birmingham), the and Sen. Waggoner cannot come to a making “a mountain out of mole hill.” House’s lone openly gay member, made compromise. an impassioned speech to the body to kill The remnants of the battle Wednesday the bill, saying it was directed as an anti- Also, Rep. Mike Jones (R-Andalusia), in committee and on the floor carried same sex marriage bill that would not another attorney, stood at Rep. Hill’s over to Thursday session. The two vet- pass constitutional muster. shoulder for the entire debate, pointing out code sections when the questions eran legislators agreed to talk further, Rep. Hill, a 19-year district and circuit weren’t repetitive. and allowed the Senate to pass two court judge (a fact that would be inquired bills to rescue the state’s cities and It had to be a new experience for a for- of dozens of times during the debate), small towns that had passed “wet” ref- mer judge, who undoubtedly was not stuck to his guns and his talking points erendums in “dry” counties. that this applied to any marriage, and used to being questioned firmly in his A recent Alabama Supreme Court deci- that he intended to follow the law on previous job (which was noted by one sion jeopardized the status of about same-sex marriage when the Supreme Democrat during the lengthy debate). three dozens cities and towns. Court rules later this year on the issue Rep. Hill also asked for members to re- regardless of the outcome. peat their names as he said he was still Rep. Jimmy Martin (R-Clanton) spon- sored two bills to make the necessary Over the course of the next four hours, placing names with faces on just the fifth corrections and both cleared the Sen- Rep. Hill reaffirmed his status as an attor- day of the session. ate Thursday for final passage. Gov. ney (he went to Cumberland), his former Finally, the House voted to cut off de- Robert Bentley quickly signed the bills judgeship (in St. Clair County), and bate, and 68 Republicans were joined by to prevent the municipalities from hav- whether he had ever refused to perform one Democrat (Rep. of Cha- ing to stop selling alcohol in their com- ceremonies before (probably, he said). tom) in supporting the bill. munities. PAGE Three WINDOM GALLIHER MONTGOMERY UPDATE march 13, 2015 Gov. Bentley slowly finding sponsors for bills One of the burning questions for the opening days of the reg- ular session was how much difficulty would Gov. Robert Bent- ley have in attracting sponsors for his “revenue” bills. As the legislation would raise revenue, the bills would have to originate in the House, which was the Governor’s old stomping grounds prior to his election as governor in 2010. After five days of the session, Gov. Bentley has found spon- sors for five of the bills. Two — the combined income tax re- porting and the cigarette tax — were introduced by House vet- erans Reps. Mike Hill (R-Columbiana) and Steve McMillan (R- Bay Minette). SINCE INTRODUCING HIS REVENUE PACKAGE, GOV. BENTLEY This week, when the Legislature consumed three of 30 meet- HAS BEEN RELATIVELY QUIET AND HAS WAITED ON THE ing days, four more bills went in — including one of the Gover- LEGISLATURE TO MAKE THE NEXT MOVE. nor’s package’s more controversial bills.

House General Fund Budget Chair Rep. (R- ery introduced a bill to remove certain tax credits for insur- Ozark) stepped up to the high dive to introduce a slightly ance companies that own property and operate locations in scrubbed version of the Governor’s bid to increase the sales Alabama. It purports to raise $25 million. tax on automobiles. Instead of raising the tax to 4 percent as the Governor desired, Rep. Clouse’s bill doubles the rate to 3 As far as the rest of the Governor’s package, bills to remove percent. He also introduced a similar bill that would raise the exemptions from income tax and municipal electric authorities tax on rental cars. have not been introduced. Nor has any legislation to un- earmark certain funds that would move them from the Educa- Gov. Bentley’s auto sales tax was touted to raise $200 million tion Trust Fund to the General Fund. annually, but Rep. Clouse’s version would have to be reduced $50 million because of the lower rate. Whether at 3 or 4 per- Legislative leadership has hinted quietly that it is considering cent, the legislation would have a difficult path to passage. revenue measures. Leadership, though, hasn’t turned over any cards, and is unlikely to do so prior to the Spring break, Rep. (R-Rogersville) introduced the bill to remove which begins a week from today. The House and Senate will the exemption that financial institutions have from the state’s meet three days next week, and will enter the Spring break excise tax. It will attract the least attention because it would having burned more than one-quarter of the session. As April be only a $1 million gain to the General Fund. A twist on the rolls around, there will be some serious searching for the gold- final bill came when Democrat Rep. John Knight of Montgom- en egg in the Legislative Easter Egg Hunt.

Windom, Galliher & Associates Www.windomgalliher.com 334-241-0078 Note: The Windom Galliher Montgomery Update will publish weekly during the Legislative Session.