David White’s report in the Friday Birmingham News sets out part of the debate that continues to rage on about which version of the occupational tax bill will be passed.  His article focuses on the distinction between the House and Senate bills regarding whether or not professionals should pay the tax. One other very important distinction was left out – each bill treats the taxpayer refunds ordered by Judge David Rains very differently.

The House bill (HB811), as approved by the House of Representatives, provides protection for the refunds ordered by the Court.  The Senate bill (SB488), which has now been substituted for the HB811 in the version that will go before the full Senate, tries to re-write the history of the occupational tax to take away the finding by the Court that the occupational tax was validly repealed in 1999.  By doing so, the Senate bill tries to take the taxpayers’ refunds away.

Senator Steve French is on point when he says, as quoted by Mr. White in his article, “I don’t think, given the track record, that anybody really wants to give more money to the County Commission and that anybody is going to stand for an additional tax.”  The Senate bill gives the County Commission the windfall Senator French warns about.  Under the old tax, $10,000,000.00 per year was pledged to the BJCC.  That obligation has ended.  Taking away the refunds ordered by Judge Rains, in conjunction with the extra money from the BJCC contract that came out of the old tax, puts more tax money in the hands of the Commission.  We need to commend Senator French for standing up for the taxpayers and hold the rest of the Jefferson County delegation to his standard.  We need to keep the County Commission’s feet to the fire.  The taxpayers are due their refunds from the old illegal tax.  Let’s hope our legislators remember the taxpayers when it comes time to vote.