Windom galliher Montgomery update April 17, 2015

Education budget blows through Senate Perhaps during your childhood there was a time when you and a buddy con- templated doing something of which your parents wouldn’t have approved. And as you got to the moment of truth, both of you hesitated. Then would come the in- evitable statement, and the only real question was which one of you would say it before the other. “You go first.” And of course, its logical response: “No, you go first.” This week in the Legislature had a definite “you go first” feel to it. As pressure comes from GOP budget hawks that get antsy when there’s been little activity on the budgets and from some Democrats eager to turn up the heat on the GOP leadership, the end game on the General Fund budgets seems no clearer than a week ago. While the General Fund budget writers – Sen. (R-Decatur) and Rep. Ste- STATE SEN. (R-MONTROSE) ENGINEERED $6 BILLION BUDGET ve Clouse (R-Ozark) – stayed below the radar this week, the Education budget mittee with the anticipation of passing it tion budget caught the notice of some writers took a different approach. Both on the floor of the Senate on Tuesday. House Democrats on Thursday. “I’m not Sen. Trip Pittman (R-Montrose) and Rep. That’s exactly the way it played out. In so sure why we’re in such a hurry with Bill Poole (R-Tuscaloosa) have chosen a committee, he acknowledged that he the Education budget when the General more aggressive tack. Both Sen. Pittman would have a floor substitute, and essen- Fund is in so much trouble,” Rep. Laura and Rep. Poole realize that the Educa- tially asked the committee to trust him Hall (D-Huntsville) said. tion Trust Fund, which is in good shape on reporting out the draft version. Former General Fund budget chair Rep. in relation to the General Fund, might be On the floor Tuesday, it was a relatively John Knight (D-Montgomery) offered sim- a tasty target for those looking to shore light lift for Sen. Pittman. The $6 billion ilar thoughts at the microphone as well. up the General Fund. They decided that budget passed unanimously 33-0 after a In reality, the budget issues provided a moving an education budget was the debate that lasted less than two hours. means to filibuster a bill that would have better course of action. Granted, the Senate will surely have an- created an ombudsman at the Depart- Rep. Poole has bristled at suggestions other shot at the budget once the House ment of Human Resources that many that the ETF has a “surplus,” saying returns it with its changes. Even so, it Democrats believed would weaken the tongue in cheek that he wants to punch was a breezy trip for the larger of the two control wielded by county DHR directors. budgets. The Pittman version budget has anyone that says the word “surplus.” Democrats were able to put a chokehold approximately $70 million more allocat- on the proceedings until House leader- “We still have needs beyond what we ed than this fiscal year’s budget. The ship decided that it was just better to go have,” he told one group a couple of increases go primarily toward hiring addi- home and try again next week. It might weeks ago. “We just have more money tional middle school teachers, textbook not be any easier, though, as a calendar than we did last year. That’s not a sur- costs, and transportation costs. There is full of elections-related bills were select- plus. We don’t have a surplus.” no pay raise for school personnel in the ed for debate Tuesday over the objec- Last week, Sen. Pittman pushed through budget. tions of the African-American Democrats a draft budget through the Senate com- The swift Senate passage of the educa- on the Rules Committee. PAGE TWO WINDOM GALLIHER MONTGOMERY UPDATE april 17, 2015

Waggoner, Smitherman show down, then settle down Rivers twist and turn. Apparently, so Ultimately, the bill passed without Sen. does legislation regarding the Birming- Waggoner’s final tweak, but he got al- ham Water Works. most everything he wanted. For the better part of two years, veteran The board will expand from five to nine Sen. Jabo Waggoner (R-Vestavia Hills) members. Six members will be Birming- has desired to make big changes to the ham residents appointed by the City water system that serves not only Bir- Council. mingham but also residents of neighbor- The Jefferson County Mayors Associa- ing cities and counties. tion will appoint one county (non- For the better part of two years, veteran Birmingham) resident. The county com- Sen. (D- missions from Blount and Shelby coun- Birmingham) hasn’t shared the same ties will appoint one resident each. vision regarding the water system as his Board members will be paid $1,000 per Jefferson County colleague. month and will be subject to the state The two Senate powerhouses have ne- ethics law. gotiated behind the scenes, and it ap- SEN. JABO WAGGONER (TOP), SEN. Tighter controls on spending will be re- peared late Thursday that an agreement RODGER SMITHERMAN (BOTTOM) quired, as well as public notices and would be reached that the bill would WAGED BATTLE hearings of proposed rate increases. The pass without a filibuster. (R-Anniston) to re-engage on bill passed the Senate 26-7 and goes to Sen. Waggoner, though, had one final the bill and broker an end to the stale- the House for consideration. The Sen- tweak, and that set off Sen. Smither- mate that could have cast a heavy cloud ate adjourned quickly after the bill’s pas- man. It took Senate President Pro Tem over the rest of the regular session. sage. Freshmen make their mark quickly in first session

Twenty-one people were elected to the watching them debate on the floor and Rep. Ainsworth ran on a “no new taxes” House for their first terms last Novem- seeing how quickly they grasp issues. platform, and he sees his plan as the ber, continuing the turnover trend that way to address General Fund issues One that has decided to take on a major started four years ago when the Republi- without asking the taxpayers to pay any project is Rep. (R- cans took over control of the Statehouse Guntersville), who has broached the sub- more. with a supermajority. ject of unearmarking. Rep. Ainsworth It’s no easy lift. Those who benefit from It’s an impressive freshman class that wrote an op-ed piece that he released the earmarks – many from the education has shown little reticence to climb the this week, offering the idea that the state community -- will certainly dig in to pro- ladder up to the “high dive” and jump doesn’t have a revenue problem but ra- tect them. It’s not the first time the issue right on in the legislative pool. In fact, ther an allocation problem. has been raised, but it’s doubtful that Speaker Mike Hubbard (R-Auburn) asked the issue has had a more energetic “Attempting to raise taxes without first freshman Rep. Jim Hill (R-Odenville) to champion. Make no mistake: Rep. Ains- addressing earmarking is like pouring handle one of the GOP caucus agenda worth is a hard charger that won’t take water into a bucket that has a large hole “we’ve always done it this way” as an items. in the bottom of it,” Rep. Ainsworth Our firm had the opportunity to spend wrote. “No matter how much water you acceptable answer. time Wednesday evening with the fresh- pour, it is never going to fill up the buck- He’ll find some friends along the way in men – as well as the “redshirt fresh- et.” a freshman class that is ready to cut its men” (those elected in special elections Rep. Ainsworth says he will introduce a teeth on some big issues. during the last quadrennium) – and we bill that will remove all earmarks that are On this issue and on others, the fresh- left even more impressed. in the state code – but not those that are man class will be heard – because of its While many freshmen will acknowledge in the state’s constitution. numbers, but also because of the skills that they didn’t exactly know what they the freshmen bring to the legislative Like many of his Republican colleagues, were getting into, you wouldn’t know it by playing field.