ALLIANCE FOR CITIZENS RIGHTS

Alabama State legislative Bills: (House Bill) HB 40 and (Senate version) SB 129

WHY THEY SHOULD BE DEFEATED!

When county governments fulfill the criteria set forth in HB40 and SB129, they will be granted broad powers over the following:

Because they lack a glossary of terms limiting the scope of jurisdictional authority in these areas, bills HB40 and SB129 could have drastic unintended consequences. These Bills needs to be stopped! Or, at the very least, their open ended authority needs to be more narrowly defined in order to stay within the intent of this bill (limited home rule) without destroying individual property rights and implementing punitive land use regulations through restrictive permits and excessive fees. If implemented in its present form, there would be no limits to this so-called "Limited Home Rule Bill."

As currently written, we will see (as has happened in many other states) massive regulatory power grabs by local authorities and de facto tax increases in the form of user fees and permit costs. Our citizens are not protected from these indirect taxes since increases in permitting costs and fees do not require a vote of the people and can be forced upon us with little available recourse.

As currently written, the intent of this language could be interpreted or expanded as follows:

Weed abatement could be expanded to include "invasive species." The removal of "invasive" or "non-indigenous" species (anything that wasn't here before the white man first came to North America) has cost other states' taxpayers hundreds of millions of dollars.

Control of animals could create local regulations that grant unwanted privileges to large agribusinesses or restrict family farming, cattle or horse ownership where governments deem these businesses to be unwarranted.

Junkyard control: without a definition one man's home is another man's junkyard.

Public water and sewer authority could be expanded to force countywide hook-up to public sewage and water systems creating huge debt. In combination with Amendment #3 passed last year, counties can now borrow up to 50% of the total accessed value of ALL property within the county; in effect placing a mortgage on your home and land which can only be paid off by drastically increasing taxes.

Public transportation - What is "Public Transportation?" Is it trains, subways, highways? Talk about open-ended wording and potential for abuse. Visualize a public transportation AUTHORITY and more taxes and a little later a REGIONAL TRANSPORTATION AUTHORITY and THEN MORE TAXES.

In HB40, Section 2 (d) it prohibits the county from levying a tax on the people to enforce the regulations.

BUT

Section 3 (c) allows the county to establish FEES. These FEES will be placed into a special account within the county's general fund. Quote: "The commission may establish administrative fees, which shall be used exclusively for the expenses of the implementation and enforcement of any ordinance adopted under authority granted herein." Is this not still levying a tax?

THINK

Politicians who want more employees- want a salary increase-simply levy more fines or raise the fees.

The politicians can say - I didn't raise your taxes!

Doesn't the government have enough power and money already?

ACTION NEEDED NOW!
STOP HB40 AND DEMAND A PUBLIC HEARING ON SB129

To enter the legislative process we need to FAX, email and call certain key people in the legislature.

Their names and numbers are listed below. Recommended procedure: 1. FAX them first. 2. Contact them by phone in Montgomery. 3. Call all other senators and representatives (especially from your district) who might be willing to help. If you know their home numbers, you can call on the weekends.

Name Fax # Montgomery # Home Phone & E-mail
Governor Riley 334-353-0004

334-242-7100
Sen. Barron 334-242-2278 334-242-7858 256-623-3944
Sen. Pruitt 334-353-8150 334-242-7879
Sen. Waggoner 334-353-8255 334-242-7892 jabo.waggoner@healthsouth.com
Sen. Marsh 334-353-4011 334-242-7877
Sen. Roberts 334-242-8818 334-242-7874 senrob1@aol.com
Sen. Meyers 334-353-3720 334-242-7886
Sen. Byrne 334-242-9202 334-242-7897 bymebr@arlaw.com
Rep. Jack Venable 334-283-6569 334-242-7674 334-283-2848
Rep. Seth Hammett 334-242-4015 334-242-7668 Seth.hammett@alabama.org
Rep. Ken Guin 334-242-7771
Rep. Hubbard 334-826-9151 334-242-7739 hubbard@rephubbard.com

SENATE CENTRAL FAX - 334-242-8818 (Goes to any Senator if you say: "to Senator [name]")

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