By Tom Humphrey, News-Sentinel Nashville bureau May 23, 2002
NASHVILLE - Legislators denied any impropriety of private discussions as income tax advocates sought support Wednesday, but questions of honesty were otherwise raised.
"Who was counting votes - Larry, Moe and Curly?" asked state Rep. Gary Odom, D-Nashville, a tax opponent, referring to the late comedians known as the Three Stooges. "Either that, or several people lied."
When the vote came up five votes short on a proposed 4.5 percent state income tax, a surprised House Speaker Jimmy Naifeh refused to have the vote officially recorded for an hour and 50 minutes.
In that time, he and other tax reform supporters confronted a handful of legislators who they had obviously considered as "yes" votes after what Naifeh has characterized as "look-in-the-eye" private meetings. Four of them subsequently switched their votes from "no" to abstaining.
They were Reps. Frank Buck, D-Dowelltown; George Fraley, D-Winchester; John Tidwell, D-New Johnsonville; and John Mark Windle, D-Livingston.
Buck, in a floor speech afterward, added Rep. Chris Newton, R-Cleveland, to the list of those in the private session and deemed as "blatant falsehoods" claims by talk radio hosts that lawmakers were "cutting backroom deals" for personal gain.
Three other legislators who voted "no" were mentioned by several colleagues as prospective "yes" votes, though they denied misleading anyone. They were Reps. Clarence "Pete" Phillips, D-Shelbyville; Mike Turner, D-Nashville; and Mary Pruitt, D-Nashville. Pruitt was the only member of the 14-member Black Caucus to vote no.
Naifeh, echoing Buck's floor comments, later said the discussions involved possible changes to the bill to win extra support.
"Nothing we talked about was for any individual. It was all for the betterment of the state of Tennessee," Naifeh said.
By switching their votes from "no" to "abstain," the four lawmakers avoided the potential of a parliamentary maneuver that could have prevented any further consideration of an income tax during the current legislative session.
If a majority of members vote against a bill, a follow-up "motion of rejection" can be called. If that passes, the content of the bill is considered "rejected," meaning that it cannot be considered again in the same session.
That would have apparently precluded consideration of an income tax again. House Finance Committee Chairman Matt Kisber, D-Jackson, said it could have meant that no taxes of any kind could have been considered.
"By default, you would have been enacting the DOGS budget," Kisber said.
DOGS is the acronym for "Downsizing Ongoing Government Spending," a proposal for cutting spending to balance the state budget without new revenue. Included in the DOGS proposal is about $400 million in cuts to education.
Tom Humphrey may be reached at 615-242-7782 or humphrey@edge.net.
Highlights of Tennessee Tax Reform Plan May 23, 2002
Enact a 4.5 percent flat-rate state income tax effective Jan. 1, 2003, based on adjusted gross income from federal tax return.
The state income tax would have these exemptions: first $15,000 for single filers; first $30,000 for married couples filing jointly; first $22,050 for single heads of household, plus $1,500 per additional dependent.
Repeal 6 percent tax on investment income and treat investment income as regular income subject to 4.5 percent tax, except that 50 percent of capital gains would be excluded from taxation.
Remove sales taxes on grocery food, clothing up to $500 and non-prescription drugs. Prescriptions already exempt.
If tax collections exceed 6 percent of total Tennessee personal income, excess to be rebated to taxpayers or placed in "rainy day fund" if rebate expenses greater than surplus.
Increase cigarette tax by 7 cents per pack, to 20 cents.
Increase liquor, beer and wine taxes by 10 percent.
Increase state sales tax from 6 percent to 7 percent from July 1 to Dec. 31, 2002.
What is next? Wasn't today the last day of the Legislative session?
Thats REALLY funny! State Bureaucrats allowed to CHOOSE whether to KEEP taxpayer overpayments or GIVE THEM BACK...
Hmmmm... tough choice, let's see... THEY WILL ALWAYS KEEP the MONEY!!!
(Just look at communist Minnesota)
Then, later when there ARE surpluses, liberal groups will clamor for them all the time,
proposing 20 dollars in new liberal spending for every 1 dollar of surplus.
and they will always use the phrase "but the money is ALREADY THERE! -
We don't even have to raise taxes to fund this blah blah blah project!!"
How can the passage of legislation against the will of the vast majority be in the interest of the betterment of the state of Tennessee? This should be easy, Jimmy. If your idea is so hot, just convince the citizens of your cleverness. That you haven't should be taken as an indication you're not the deep thinker you envision yourself to be.
I hope if this tax does pass that the TN Supreme Court will sharply rebuke Naifeh. His silver tongue might convince the gullible and state-welfare-dependent, but intelligent legal scholars should see his manuverings as thoroughly contemptible!
I suspect between now and next Wednesday, all of these legislators will be hearing from some acid-tongued constituents. That can only drive down the yes votes next Wednesday.