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Senate leaders say recompilation,
home rule have best chance


By Phillip Rawls
The Associated Press
4/22/03 2:19PM

MONTGOMERY, Ala. (AP) -- Democratic Senate leaders are trying to pass two-fifths of the recommendations from the Republican governor's constitution commission: providing limited home rule and recompiling the constitution to remove racist language.

   But the rest of the commission's recommendations -- unearmarking tax revenue, giving line-item veto power to the governor, and requiring the Legislature to pass new taxes by a super majority -- are not on the Democratic leaders' priority list for the current legislative session.

   Sen. Jeff Enfinger, D-Huntsville, Senate floor leader and chairman of the Legislature's Joint Committee on Constitutional Reform, said limited home rule and recompilation "have the most support in the Legislature."

   Gov. Bob Riley's Citizens' Constitution Commission gave him five recommendations on March 27. Riley's press secretary, David Azbell, said Tuesday the governor is pleased that the Senate leadership is supporting some of the recommendations and he looks forward to working with them.

   Azbell said Riley will see that all five of his commission's recommendations are introduced in the current legislative session for consideration.

   Senate President Pro Tem Lowell Barron, D-Fyffe, said Senate leaders "are looking at those things that are doable" in the current legislative session, but constitutional revision will be a multiyear project.

   Barron and Enfinger were joined at a news conference Tuesday with Sen. Gary Tanner, D-Theodore, who is handling the home rule legislation, and Sen. Wendell Mitchell, D-Luverne, who is sponsoring the recompilation legislation.

   The limited home rule legislation would have to pass both the Legislature and the Alabama public in a statewide referendum before it would take effect. If approved, then citizens in a county could vote to give their county commissions three different types of power: control over health, safety and economic development issues, including issuing bonds for industrial projects; the ability to add new taxes, provided they are approved by voters in a referendum; and land use and zoning authority.

   "I think it's going to be very popular with all the Senate," said Tanner, a former Mobile County commissioner.

   Buddy Sharpless, executive director of the Association of County Commissions of Alabama, said he expects the limited home rule legislation to be enacted first in more populous counties where lots of building is going on outside the city limits.

   "It will not be adopted in every county," he said.

   The recompilation legislation has two parts. One is a bill that would reorganize the constitution to move amendments from the end to their appropriate spots within the constitution and then delete old language that has been replaced by the amendments. This would make the nation's longest state constitution shorter and better organized, Mitchell said.

   The other part is a constitutional amendment that would remove all racist language that has been struck down by the courts, including poll taxes and the mandate for segregated schools. The constitutional amendment would also replace outdated and insensitive words in the constitution that deal with mental retardation, Mitchell said.

   The Alabama House has already passed recompilation legislation and sent it to the Senate. The House has not yet considered a constitutional amendment to delete racist and insensitive language.

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