Squeeze of reality evident in special session

Published 12:26 am Wednesday, August 24, 2016

The First 2016 Special Legislative Session is more than half over. So many of us started the session with lines drawn in the legislative sands. We said what we will or will not do. Now we have come face to face with the squeeze of reality.

Before the special session commenced, I heard that a five component deal was in the works. It included the following: (1) a lottery; (2) comprehensive gaming; (3) a merger of General Fund and Education Trust Fund revenues with certain percentages for each fund; (4) designated funds for Medicaid; and (5) a constitutional amendment to be voted in the November General Election. I heard that the proposal would start in the Alabama State Senate and the votes were solidly in place for this deal. But then came the squeeze of reality.

Four gaming bills were introduced.  Two made it through the committee process.  One had four of the five components. There was not a provision to merge the revenues of the Education Trust Fund and the General Fund. Some of us were adamantly opposed to such a provision. With this component left out, the squeeze of reality was already at work.

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The multi component gaming bill (SB 11) came to the Senate floor for consideration on the third legislative day. This is the fastest possible time allowed by the Alabama Constitution. The bill did not seem to have the votes to pass. One reason may have been that the component merging revenues for education and general government had been left out. Such a move picked up some votes on one side and lost votes on the other side. The bill was carried over to the next day. The squeeze of reality was at work.

When the bill came to the Senate floor for consideration on the fourth day, certain Republican senators commenced a filibuster. A petition to cut off debate was filed. It needed 21 votes but received only 11 yes votes and 20 no votes. Although I favor a component bill, I did not vote for cloture. I have not voted to cut off debate in many years. It was a resounding defeat. The squeeze of reality was working full time.

Out of desperation, two other bills began to move in the Alabama Senate. One, (HB 36), allotted some of the $1 billion BP Settlement for debt, highways and other matters.  The $1 billion settlement is scheduled to be paid to the State of Alabama over 18 years, therefore a bond issue is necessary to obtain monies now. It proposes a $497 million payment toward debt and $191 million for highways in Mobile and Baldwin counties. This approach supposedly frees up $70 million in the general fund for Medicaid. The bill had already passed the House but had not been assigned to a committee apparently to force more senators to vote for Senate Bill 11.  Now, it quickly came out of committee. By law it could not be considered on the Senate floor on the same day it was reported from committee. It is awaiting a vote on the next legislative day when we return. The squeeze of reality was at work.

The other bill (SB 3) was a straight lottery proposed by Gov. Robert Bentley.  I was concerned that it was not as straight as it appeared on the surface. Some provisions in the bill could be interpreted to permit gaming in selected places but not others. Lowndes County has a bingo law, but could be left out.  Also, the bill was supposed to help education as well. It does not. I voted against the bill.  It needed 21 votes to pass. After some arm twisting by the governor, it received exactly 21 yes votes and 12 no votes. The squeeze of reality was at work.

I expect to support the BP Settlement bill even though it provides only $70 million indirectly for Medicaid instead of the $85 million needed.  Alabama already has the least funded Medicaid Program in the country. We really need that additional $15 million. I expect the bill to pass the Senate. The squeeze of reality also squeezes me.

When we return on Tuesday, the Senate will consider the BP Settlement Bill, while the House will take up the Lottery Bill. I have no idea whether SB3 will pass or fail in the House. I do not know what will happen if it is amended and something different comes back to the Senate. The squeeze of reality is also squeezing me.

The goal is to finish this legislative session by Wednesday, Aug. 24. That is the last day that a Constitutional Amendment can pass the Alabama Legislature and be placed on the Nov. 8 General Election ballot. That means we have just two days left — Tuesday and Wednesday. However, some Republicans in Jefferson County do not want a lottery bill on the November General Election ballot because too many of the wrong voters may show up to the polls. The squeeze of reality is really at work.

We were in session from Monday through Friday. There were discussions about working on the weekend. That notion was soundly squashed. We adjourned on Friday to return on Tuesday.

The squeeze of reality continues. We all have our principles. We all have our positions on various things.

We all declare what we will or will not do. But when reality squeezes us, we violate our stated principles, change our positions and do different than we intended.  That’s the squeeze of reality.