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Panel presents ideas
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David White News staff writer March 15, 2003 MONTGOMERY A commission formed by Gov. Bob Riley recommended Friday that he push to change the state constitution in five areas, such as giving lawmakers more power to spend state money as they want but making it harder for them to raise taxes. Leaders of the commission hope he will ask legislators to approve the recommendations, or variations on them, this spring. "If this ends up on a shelf, I'll be the first one to call him," said Mobile lawyer Jack Edwards, a former congressman. Birmingham lawyer Lenora Pate said, "I hope that these recommendations will be translated by the governor, in the form that he sees fit, to be introduced in the Legislature by the first of April." Any proposed amendments that make it out of the Legislature would also have to be approved by state voters to take effect. The commission plans to give Riley edited copies of the recommendations March 28. Edwards predicted Riley would adopt much of the commission's report. "He may jiggle some of this, but I think the big issue is going to be how the Legislature is willing to deal with what he sends over." Dalton Smith, Riley's senior adviser, made no promises but thanked members for serving on the commission Riley created. "He did this with the intention of truly getting some reform done." Smith said he didn't know how much of the commission's work would be included in any amendments Riley may propose this spring. "I think not until he sees it will we really know." The commission recommended rewriting the constitution to: Let lawmakers limit earmarking, which reserves state income taxes, fuel taxes and other levies for specific uses, such as paying teachers' salaries and building highways. Further earmarking would be banned, except when required for federal grants. Every five years, lawmakers would have to reapprove earmarking sales taxes and other levies that are reserved by statue, rather than constitutional restriction, for specific uses. Income taxes and property taxes now reserved by the constitution for education would be unearmarked, meaning lawmakers could spend them however they wanted. But amounts now raised by those taxes would continue to flow to education, with growth factored in each year. That supplement, however, could be reduced or canceled by three-fifths votes in the Senate and House of Representatives. The commission suggested three options for fuel taxes now reserved for highway and bridge work: leaving the money earmarked; unearmarking the money but giving the transportation department the amounts now raised by fuel taxes, with growth factored in each year; or unearmarking the money and giving the department 85 percent of the amount the taxes raise. Let county voters decide whether to give their county commissioners more power to zone property, offer incentives to attract companies, provide public health and safety services, and raise taxes and business license fees if county voters also approved the increases. Make it harder for legislators to raise taxes. Now, a simple majority of members voting on a bill in the House of Representatives and Senate can approve a tax increase. The commission recommended requiring approval by at least three-fifths of all House members and senators 63 of the 105 House members and 21 of the 35 senators. Let the governor use a line-item veto to reject specific spending in any budget or other law. Legislators could override the veto with a two-thirds majority vote, at least 70 House members and 24 senators. Recompile, or edit, the constitution to make it easier to read. Lawmakers could do much of the editing by passing a regular law. Ask voters to approve an amendment to the constitution that would erase "offensive and racist" language that remains even though courts struck down the provisions as illegal. One such clause requires segregated schools. Return to: Constitutional Reform ~ In the News Return to: Editorial Index |
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| Alabama
Citizens for Constitutional Reform Foundation, Inc. P.O. Box 34 Montgomery, Alabama 36101-0034 E-mail: accr@constitutionalreform.org |
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