The County Line - March/April 2001

Is "Local Courtesy Rule" A Thing of the Past?

Explaining the legislative process to someone who has never worked directly in that arena is, I guess, kind'a like trying to explain the ins and outs of golf to someone who has never played the game. In the legislative process, as in golf, the little details -- the seemingly unimportant little items -- are often the most important.

For example, the movement of the sun across the sky on a bright August day causes the blades of grass on the putting green to bend from east to west as morning turns to afternoon. This simple shift can cause a putt to "break" one direction in the morning and then in the opposite direction in the afternoon.

To non-golfers this information is about as unimportant as how your personnel computer can be programmed to make funny noises when you receive a new e-mail message. To Tiger Woods, this grass-bending observation can be worth millions in prize money.

And such is the case in the legislative process. The things that are overlooked by most observers are usually the most important when you are trying to pass legislation.

And one of the most misunderstood -- and perhaps now even one of the most outdated -- aspects of the legislative process is the unwritten "local courtesy rule." This process of allowing local legislators to pass bills -- no matter how bad they are -- for the counties they represent has produced mounds of difficulty for local citizens and officials.

Here's how things work today. Each county is represented by House and Senate members who compose what is known as the County Legislative Delegation. And except in the state's largest counties, each member of this unofficial delegation is granted -- through this unofficial agreement -- absolute veto power over legislation that affects an individual county.

These "local bills" are advertised in the local newspaper and then introduced in either the House or Senate. Once introduced, the bills do not escape committee without the approval of the legislators who represent the county affected. Once these bills reach the floor, legislators from other parts of the state are advised to extend this local courtesy and allow the bills to pass.

And, in almost every case, this local courtesy is extended. No matter how awful the legislation might be.

A few years ago this process turn a bit ugly when a legislator who had extended this courtesy to his colleagues and voted for dozens of local bills found out that he had actually cast these "courtesy" votes in favor of millions of dollars in new taxes. He, of course, found this out when his opponent used this information in campaign material.

Some -- actually most -- involved in the legislative process thought this was hitting below the belt. But in retrospect this campaign tactic may have been just the first signal that the “local courtesy rule" has outlived its usefulness.

Back in 1901, when our process for passing local legislation was crafted, the differences between Bibb and Tuscaloosa Counties -- for example -- were tremendous. First of all, it would take you about two days, or more, to get from Centerville to Tuscaloosa and the laws in Tuscaloosa would not have much, if any, impact on your life.

With few exceptions, back in 1901, folks born in Bibb County were educated in Bibb County, worked in Bibb County, married in Bibb County, raised their kids in Bibb County and were then buried in Bibb County. Tuscaloosa County -- and its laws -- were about as far away as Houston or Memphis.

Today, of course, things are different. The state's largest shopping attraction, The Riverchase Galleria, attains that distinction because it is located along side the state's busiest stretch of interstate. And that interstate takes people from Bibb County to shop everyday right there in friendly SHELBY County.

It is, then, hard to argue in the year 2001 that a "local" bill affecting The Riverchase Galleria and SHELBY County would be a local bill. And that's just one example. The laws in Montgomery County -- where we live -- impact all the residents of Elmore and Autuaga, many of whom are former Montgomery County residents. Again, it is hard to argue that today the laws of Montgomery County affect only the registered voters in Montgomery County.

During 2001 we saw, perhaps, the beginning of the end for local courtesy in the Alabama Legislature. A local bill for Etowah County -- one that clearly would have affected the neighboring counties and arguably even the entire state -- was defeated in a Senate committee.

The bill was defeated not by the Senator from Etowah County, but by three Senators from other parts of the state. Those Senators looked through the local courtesy practice and read the content of the legislation.

And based on what the bill did -- not to whom it applied -- the legislators voted against the proposal. There was much complaining, but there are others who believe this vote was long overdue.

And this action has the potential to change the way local legislation is viewed here in Montgomery. But it would probably be a good thing for all concerned if legislation -- whether it is local or statewide -- is subjected to full public view and is passed only if it is good for the state and its citizens.

Oh, if we made such a change, there would be bumps on the way. People would cry "foul" when their local legislation encountered trouble from legislators from other parts of the state. But a process that evaluates ALL legislation on its merits and not simply on where it applies will likely be better for ALL the residents of the state.

And now, with that little problem solved, if I can just remember which way that afternoon putt breaks on a south facing green.