Senate kerfuffle leads to impasse on tax bill

Sen. John Campbell, file photo by Josh Larkin.

Senate discipline broke down last night. Instead of voting out a final version of the miscellaneous tax bill out and reading through the health care bill as planned, members engaged in a polite floor fight and went home early.

After three hours of hemming and hawing in committee and private meetings over a controversial hike in the cigarette tax, the Senate gathered on the floor and went through the parliamentary motions to begin what was supposed to culminate in a debate and vote on a new cigarette tax proposal. But within the space of 20 minutes, that plan went up in smoke, along with the introduction of Sen. Anthony Pollina’s surtax on wealthy Vermonters and the second reading of the health care reform bill.

The situation devolved into arcane parliamentary procedure and then premature adjournment so quickly that the turn of events even took veteran statehouse observers by surprise.

One minute, the 30-member body was set to vote on what was purported to be final version of the long-awaited the tax bill. The next, a minority group of senators blocked suspension of the rules to move the legislation forward. (Sen. Ginnie Lyons, D-Chittenden, moved to reconsider H.436, the tax bill. Sen. Mark MacDonald reminded the body of Rule 73: A motion to reconsider cannot be made on the same day of consideration without a suspension of the rules. The majority needed three-quarters of the vote to suspend the rules: It failed to muster the necessary 22 votes.)

Meanwhile, Sen. Anthony Pollina, D-Washington, attempted to introduce his “surtax on the rich” amendment and was told he was out of order (it was a rookie mistake — he didn’t realize he was inadvertently elbowing Lyons’ amendment out of the way).

Once Lyons’ motion on the tax bill failed, Senate President Pro Tem John Campbell tried to get the situation under control by insisting that the body move forward with the second reading of the health care reform bill. Another minority group spontaneously formed (including a number of members of Senate Finance who were angry that the tax bill was passed over) — expressly to scuttle action on the health care legislation.

Sen. Anthony Pollina, file photo by Josh Larkin.

Campbell responded by calling for immediate adjournment, an early morning floor session on Good Friday and a rare Monday Senate session. Members interpreted this declaration as a form of retaliation and at that point balked openly.

Privately, senators accused Campbell of driving them too hard. (Senate Appropriations met on Monday, and each night this week, the Senate has held late sessions, after long days in committee.)

Several members said they couldn’t possibly meet on Monday. “We are a citizen legislature maintaining day jobs,” Sen. Joe Benning, R-Caledonia, said.

“People aren’t talking to each other,” Sen. Dick Sears, D-Bennington, said. “Communication has broken down.”

Sen. Peter Galbraith, D-Windham, chalked up the kerfuffle to a disgruntled bipartisan minority. Campbell’s reaction, he said, was appropriate. “It’s quite normal for the parliamentary leader to control the schedule,” Galbraith said.

But did he? That remains to be seen. A number of the members came out of the Green Room sputtering or headed for the exit.

Sen. Kevin Mullin, R-Rutland, said the dissension is between liberal and conservative Democrats over taxes. Earlier in the day, the Senate in a 16-14 vote rejected a $1 per pack cigarette tax increase.

“It’s hard to control a super majority,” Mullin quipped. “Unless they get their act together, we’re not going to get out of here before May 7.”