Legislators override governor's veto of local tobacco tax bills

The days-long saga continued Tuesday in the Alabama Legislature with the Senate overriding Gov. Robert Bentley's veto of three tobacco tax bills that apply to Randolph, Clay, and Chambers counties. Jeremy King, spokesman for the governor, said "The fact remains that there were discrepancies between what was publicly advertised about the bills and the substance of what actually passed.

Those concerns led to the governor's veto. The legislature has the choice to override a veto, but the governor stands behind his decision and respects separation of powers." Sen. Gerald Dial, R-Lineville, who drafted the bills that drew local opposition, said "I think the senators just realized it is not the governor's job. He doesn't decide if something is constitutional. I think the Senate didn't want people messing with local bills." Rep. Richard Laird, D-Roanoke, who after the veto introduced what is viewed by opponents as an even harsher bill, said, "Well, I just want to drop it (his new bill). It is in a position to pass tomorrow. I may go ahead and send it up to Sen. Dial." He said he hopes the three original bills would go into law but this is new territory and he has not looked into the way a vetoed bill becomes law.

After the dust settles, he is going to sum it up and review why everything happened the way it did, he said. Both Randolph County bills, the one that survived Gov. Bentley's veto and Rep. Laird's substitute bill, are opposed by the Randolph County Democratic and Republican parties, the Randolph County Chamber of Commerce, the Randolph County Economic Development Authority and the Randolph County Water, Sewer and Fire Protection Authority. They have united under the name Randolph County Bipartisan Coalition. Many of the coalition members from this area attended a hearing on Laird's substitute bill, HB785, in Montgomery Tuesday morning. Laird said he brought up this bill just in case the governor's veto stood on the first bill, SB486.

Both bills redistribute tobacco tax funds and take funds and some local control away from local agencies currently receiving them and put the money into a grant fund under the exclusive and unregulated control of Dial and Laird. SB486, the bill that was vetoed, called for eliminating funding currently going to the Randolph County Water, Sewer and Fire Protection Authority, reducing to 24 percent the amount going to the Randolph County Industrial Development Council while specifying that no more than 20 percent could be used for personnel costs, and using 10 percent of the tobacco tax total to set up a grant authority controlled by Dial and Laird, even though the bill that was advertised in The Randolph Leader called for a District Community Service Office instead of the grant authority that appeared in the final bill.

HB785, the bill Laird introduced following the governor's veto, also calls for creation of a District Community Service Office and also eliminates funding for the county water authority. Rather than 24 percent of the total going to the industrial development council, however, Laird's bill reduces this to 15 percent while also specifying no more than 20 percent can be used for personnel costs. The 10 percent specified for the newly created grant authority/district office in SB486 would increase to 19 percent in Laird's HB785. Laird said he asked the Randolph County Water, Sewer and Fire Protection Authority to do a water line with the money it received and they did not do it so he put that funding back into the grant fund. Dial and Laird said they were not told about a heavily attended town meeting in Wedowee several weeks ago where opposition was expressed, and they were busy with the legislature.

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Kesa Johnston Dunn, who serves on the Industrial Development Council board, said the bi-partisan committee asked for a meeting for three weeks prior to the town hall meeting. Some of the others attending Tuesday's hearing in Montgomery were Todd Freeman, Lathonia Wright, Mack Arthur Bell, Terry Lovvorn, Jerry Cotney, Cotina Terry and Mark Prestridge. From eight to ten Chambers County residents also were present to support the opposition to the bills. Jeff Nolen of Roanoke was the only local resident speak in favor of the bills other than the legislators themselves. Wright, a Randolph County Commissioner, said "We're talking about economic development, good clean water and they want their little slush fund."

Coalition members said they are very appreciative of Gov. Robert Bentley for recognizing that the tobacco tax bills were very bad for the citizens of Randolph and neighboring counties and for the whole state of Alabama. Rep. Laird, however, said, "It is local legislation. It is unheard for a governor to veto local legislation. All local legislation passes by a low vote. Legislators who need votes on other issues do not want to vote on local legislation. Nobody voted against it," he said. The Randolph County bills as well as similar bills affecting Clay and Chambers counties, are in Laird's district of Randolph, Clay and part of Chambers counties. (Bridges represents a portion of Chambers.) Dial, who is the majority whip in the Senate, has these counties as well as portions of or all of Cherokee, Cleburne and Lee counties.