President's Message- Spring Issue 2004

Don't Balance One Budget at the Expense of Another

According to Webster's, to hold one "harmless," means "lacking the capacity or intent to injure". That definition describes in pretty good measure the Association's posture on a number of funding issues that are flying around the halls of the Alabama Legislature.

With just a few days left in the 2004 regular session, a number of different proposals are being surfaced to fill the gap in the state's ailing general fund budget. Many of those proposals include the increasing of taxes now "shared" between the state and local governments.

Our position is consistent on all these bills - the distribution formula used on these tax sources should be preserved. If county governments receive one-quarter of a tax's proceeds today, then the counties should receive one-quarter after the tax source has been amended.

To do otherwise, is not to hold the counties "harmless".

We have preached this message during the first two-thirds of this year's session. We have had great response from our membership and from the leadership in both the House and Senate. But there is still work to be done.

For example, a bill was introduced earlier this session doubling the state's recording fees on deeds and mortgages. All of the increase was to go to the state, even though the counties now retain one-third of that tax to defray expenses on the local level.

During the committee meeting on this legislation, the Association explained the importance of maintaining the distribution formula used on existing taxes by referencing something that happened to the state's general fund budget just a few years ago.

A special legislative session was called late in 2000 to help fill a hole in the state's education trust fund budget. A number of different proposals were floated as a way to address the problem. However, in the end the legislation that was used to correct funding problems in the state's education budget was an increase in the telecommunications tax, which was at that time earmarked for the state's general fund budget.

The legislation did, in the loose sense of the word, hold the state's general fund budget "harmless" because it did not take money out of the fund. But ALL of the growth money was diverted from the general fund and shifted to the state's education budget.

The passage of this legislation propped up the education budget and just before Christmas in 2000 everyone left the capital city with smiles on their faces.

Now, as the state is looking behind every door for revenue to rescue programs like Medicaid and Mental Health, this "general fund" tax source cannot be raised. This tax source has already been increased and the revenue has been used for another purpose that was - at the time - deemed to be more important.

Playing Monday-Morning Quarterback is always dangerous. We're not second-guessing the Legislature's decision back then, but the county position on "shared" revenue is motivated by the realization that county government must have revenue increases from time-to-time in order to operate.

Counties cannot operate simply by being held "harmless" in the loosest sense of the word. If these "shared" revenue sources are increased and all of the increases used for the current emergency in the state's general fund, counties will very soon find themselves in the same position as the state. When it comes time to raise revenue, these "shared" taxes will be tapped out because all of the growth has been diverted elsewhere.

That is why this Association has worked for the passage of revenue measures that generate money for the state, while preserving the participation of county government. We continue to pledge our assistance in the passage of that kind of legislation.

A few years ago, the director of the Alabama Department of Transportation came to our convention and promised to help us get a bond issue passed for county bridges. At that time, he said that the people of Alabama don't know the difference between county bridges and state bridges. He said, the people just want safe bridges and our state and county governments should be in the business of providing "safe" bridges, regardless of whether those bridges are on the state system or the county system.

His advice rings true today. As the state looks to preserve services on the local level, it cannot do so at the expense of county government. The people expect all of their services to be provided in an efficient, effective manner. We cannot fulfill that expectation if we balance one budget at the expense of another.


Association of County Commissions of Alabama

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