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Commission’s goal
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By Bill Barrow Capitol Bureau January 24, 2003 MONTGOMERY -- True to his word as a candidate, Gov. Bob Riley on Thursday issued his first executive order charging a panel to recommend limited changes to the much-maligned Alabama Constitution of 1901. Riley named former Secretary of State Jim Bennett, a Republican, as the group's chairman. He tapped Birmingham lawyer Lenora Pate, a 1998 Democratic candidate for governor, as vice chairman. The rest of the body's membership is expected to be released early next week. Administration spokesman David Azbell called the commission's aim "targeted revisions" that will set the tone for "an administration of fundamental reform." The changes could shift considerable power away from the Democratically dominated Legislature into the hands of county commissions and the governor's office. That could turn the effort into one of the first major tests of legislative bosses' promises to give Riley's proposals "a full and fair hearing." Still, leading lawmakers had few comments on the plan Thursday, saying it was too early in the process to dicker over detail. Any proposed reforms would require legislators' approval before facing a vote of the people. Riley's proposal comes amid a growing tide in favor of reforming the state's century-old fundamental governing document. Critics have long assailed the constitution, written by a convention controlled by white, wealthy landowners and industrialists, as a racist document that concentrates power in the hands of a powerful few. Supporters of the document, however, cite its references to God, prohibitions against gambling and safeguards against tax increases as reasons to leave it alone. In his order, Riley instructed the group to examine: The best method to allow county governments "limited home rule" to address zoning, economic development and fire and police protection. Under current law, approval for such policies is often required via either constitutional amendment or legislative action. Any home rule change, according to the governor, would prevent local governments from raising taxes without a vote of the people. Alabama's system of earmarking more than 90 percent of its tax revenue for specific purposes, while "ensuring that our children's educations are fully funded." The feasibility of granting the governor expanded line-item veto power, essentially allowing the state's chief executive to strike down specific portions of proposed budgets without vetoing the entire package. Also, Riley wants the commission to consider requiring a super-majority of each legislative house to override a governor's veto. Current law sets that vote at a simple majority. Possibly amending the constitution to require a three-fifths vote of each legislative chamber to enact any tax increase. A way to recompile the current constitution, eliminating many old sections that are no longer in effect because of amendments. Riley announced his proposal from Huntsville's Constitution Hall, where a citizens' convention drafted the first of Alabama's five constitutions in 1819. That document was considered among the most progressive of its day, granting greater voting rights than the document that was written in 1901. The governor's order comes days after an independent citizens' commission, also chaired by Bennett, submitted a set of reform proposals to the administration. The Alabama Citizens' Commission on Constitutional Reform report is more comprehensive than Riley's recommendations. But all of the governor's proposed areas of review are included in the citizen panel's plan. Legislative leaders on Thursday said they were not aware of Riley's plan before being contacted by a Mobile Register reporter. Sen. Lowell Barron, a Fyffe Democrat who as president pro tem controls most of the Senate agenda, said he "would not start picking this apart yet." He praised the governor for a "good start." But he added: "That doesn't mean the legislative process won't change any of this." Speaker of the House Seth Ham mett, D-Andalusia, issued the following statement through a spokesman: "It's obvious that our constitution needs revision. What this commission will recommend is unknown at this time and we will certainly react when those recommendations are made." For their parts, some rank-and-file House members differed on the worth of Riley's proposals. Rep. Steve McMillan, R-Orange Beach, said Riley's home rule provisions "did not go far enough." Freshman Rep. Joe Faust, R-Fairhope and a former Baldwin County commissioner, however, said he supports existing law that requires any local tax referendum to clear the Legislature and the county government. McMillan said he had "mixed feelings" on expanded veto authority, saying with a laugh, "It depends on who the governor is." Azbell said the veto request is part of a larger reform effort, including the governor's proposal to create an independent commission that would set priorities for state transportation projects, thus stripping that power from the governor's office. Governors traditionally have used road projects to pressure legislators, effectively awarding those friendly to the administration and punishing those who weren't. "If we're going to reform government, there's going to have to be give and take on both sides," Azbell said. "If Bob Riley is willing to give up control on road projects, perhaps the Legislature might be willing to work with him on some of the reforms he's advocated as well." William Stewart, a retired professor from the University of Alabama and a longtime state political observer, said that possibility is a remote one, though. "Home rule means less legislative rule," he said, "and stiffer veto overrides mean more power for the governor." 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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