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MONTGOMERY — A plan to give the Jefferson County Commission power to raise sales taxes or other levies of its choosing to a suggested target of as much as $50 million a year was headed toward defeat in the Legislature Thursday night.

Sen. Rodger Smitherman, D-Birmingham, said Thursday night that he thought there was still a slight chance of passing the bill. “It’s not absolutely dead yet. We’re still working,” he said.

But Sen. Scott Beason, R-Gardendale, said shortly after 7 p.m. Thursday that he would not let the full 35-member Senate vote on the bill and maybe pass it. A version of the tax plan had passed the House of Representatives last week.
 
Beason, who chairs the Senate’s agenda-setting Rules Committee, said he would not change his mind and allow a vote before this year’s regular session of the session ended at or before midnight. Five senators who represent Jefferson County had voiced support for giving the Commission power to raise taxes.

Supporters of the tax plan said the county needs more money to sustain services. The state Supreme Court in March struck down a county occupational tax and business license fee that together raised $74 million a year.

The County Commission will meet today to discuss a plan to place as many as 964 workers on administrative leave without pay starting June 18 — the beginning of the next payroll period for county employees.

Commissioners were counting on lawmakers to pass the limited home rule bill Thursday to allow the commission to raise enough revenue to avert the layoffs and other reduced services.

On Monday, the county’s human resources director will send out forms to each department head for a list of employees who could be placed on administrative leave. The HR department will identify those with the least seniority and inform them by letter that they will lose their jobs.

Some may not be called back to work for the county since commissioners have said they will reduce the size of government and slice the budget by $73 million on top of the $30 million in cuts already instituted.

“We have to make cuts and it’s going to be heartbreaking,” Commissioner Sandra Little Brown said. “I sympathize with people who utilize the county services, I sympathize with the county workers.”

Without the replacement revenue, county officials say residents can expect the near-shutdown of government in the state’s most populous county. In addition to the layoffs, officials say fewer repairs to county roads and bridges; reduced property inspections; slower response time and officer safety issues because of lack of backup in the sheriff’s office; a skeleton crew of electricians, plumbers and air conditioner technicians to cover county buildings including the Birmingham and Bessemer courthouses.

Senate rules give a single senator great power over a bill that would affect only his or her home county, and Beason used that power to contest the county tax bill, House Bill 650.

Jefferson County Commission President David Carrington said he thought it was undemocratic that one senator could block the Senate from voting on a bill.

”That’s not the democracy that we were taught in school, where you have a bipartisan majority of people who support the bill and then one person can block it,” Carrington said. ”I think it’s a sad day for the state of Alabama.”

Unearmarking
Beason said that instead of talking about raising taxes, lawmakers should have passed laws to unearmark Jefferson County revenues, to let the Jefferson County Commission spend its revenues where commissioners felt the needs were greatest. Several unearmarking bills, including one by Beason, died in the regular session.

“Unearmarking is the answer to the county’s problems,” he said. “There are millions of dollars put in other places that could be moved to use to pay for the essential functions of county government. I think it’s crazy to even talk about raising taxes when unearmarking would solve the problem.”

Beason said the county has a $90 million reserve that could be tapped by commissioners until lawmakers meet again to consider unearmarking bills.

”I think that can be used as a bridge to get us to when we can do the right thing, and unearmarking is the right thing to do,” Beason said.

The next regular legislative session starts in February. There’s also a chance that Gov. Robert Bentley will call a special legislative session before then.

State Rep. Jack Williams, R-Vestavia Hills, who sponsored the tax bill, said, ”Scott is convinced that the Commission has extra money and it (the death of the tax bill) won’t produce hardships for the citizens of Jefferson County. I’m fearful that that’s not accurate. In the next few months, we’re going to know.”

Sen. Jabo Waggoner, R-Vestavia Hills, said he hated to see the tax bill headed toward defeat. “I’m disappointed,” he said. “I think Jefferson County is legitimately in financial trouble.”

Beason, when asked why he didn’t intend to let the entire Senate decide the fate of the tax bill, replied, “There comes a time when government has to live within its means.”

“We have this same problem on a state level. .¤.¤. and we have the same problem on the federal level: completely out of control spending, debt that’s run up incredibly. And eventually, you have to put the brakes on that and stop it,” he said. “I have the ability to try to make that change.”

Smitherman said that if the bill dies, “The blame will clearly fall on Sen. Beason and the Republicans, because that’s their party member.”

If the bill dies, Smitherman said, “I think the county is going to suffer tremendously in terms of being able to provide basic, necessary services.”

Rep. John Rogers, D-Birmingham, said he plans to ask Gov. Robert Bentley to call a special legislative session that among other things could allow debate of new Jefferson County tax bills.

Rogers said he thinks any proposed tax bill for the county should take effect only if county voters approved in a referendum. “You can’t do things like taxes and run over people,” Rogers said. “You’ve got to make them part of the process. Especially during hard economic times.”

But Carrington said attorneys have told commissioners that any tax bill, other than a property-tax bill, that would take effect only if voters approved in a referendum would be an unconstitutional delegation of taxing power.

 Barnett Wright also contributed to this story.

Join the conversation by clicking to comment or email White at dwhite@bhamnews.com.

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