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Defenders of the Constitution February 12, 2005 Alabama Conservative Newsletter

1. Home Rule, an open door to more regulation, and an easy route for Government officials to raise fees and taxes. Contact your legislators concerning HB40 and SB129 - the Home Rule bills.

2. Support the Alabama Legislative Bill to display the Ten Commandments in public schools.

3. Senate Education Committee roll call on Ten Commandments bill

4. Contact info for members of Alabama Legislature. SENATE CENTRAL FAX - 334-242-8818 (Goes to any Senator if you say: "to Senator [name]")

5. Alabama Governor Bob Riley Orders Property Tax Annual Reassessment Property Taxes on Rise as much as 35 to 40% Under Riley Order

6. The Tax-Reform Racket. A Republican governor, elected to cut government but who, in 2003, attempted to pass the largest tax increase in the history of the state.

7. The Alabama Clergy Council announces a new campaign to renew the promotion of the Ten Commandments, by giving away Ten Commandments bumper stickers.

8. Alabama Sheriff says "Homosexuality was very queer and a despicable act . . .an abomination."

9. Alabama Eagle Forum

Mark your calendar now for the 2005 Alabama Leadership Conference to be held at the Marriott Hotel in Birmingham. April 15-16, 2005 http://w.alabamaeagle.org

10. Alabama Republican Assembly Statewide Conference

April 16, 2005 Marriott Hotel in Birmingham For more information email edl227@bellsouth.net
 http://www.al-ra.org/

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1. Home Rule, an open door to more regulation, and an easy route for Government officials to raise fees and taxes. Contact your legislators concerning HB40 and SB129 - the Home Rule bills.

http://www.AfRR.us

02-08-05
Greetings

In the 1800s, when Alabama's counties spent themselves into bankruptcy, it was the State that bailed them out. In response, our forefathers produced the 1901 Constitution as protection against such powers. The Constitution of 1901 has turned out to be a great civil document, resulting in Alabama having one of the lowest tax structures in the nation. The progressive educators and the special interests dislike our constitution as it is difficult to raise taxes. They have joined forces with the gambling interests to make changes to our constitution.

Alabama State legislative Bills: (House Bill) HB40 and (Senate version) SB129 These bills will result in over regulation of our daily lives and authorizes every county to impose heavy fees and indirect taxes on the people. Details of this power of regulation and authority to impose fees and indirect taxes, and why Home Rule should be defeated are found at http://www.AlabamaDefenders.us Also a special thanks for the two organizations that have waged the battle to protect our rights, Alabamians for Real Reform http://www.AfRR.us and http://www.keepourrights.org

Our legislators need to be reminded that there is a political price to pay for supporting these two bills, and some of the same Legislators supporting these bills won their seats by a very narrow margin. Once again we ask you to fax, email, and call your legislator and let them know you oppose any bill that will give home rule to the counties. A list of the Alabama State Senators and the House Legislators on the committed is found at the end of the lengthy article of explanation found at http://www.AlabamaDefenders.us

Why They Should Be Defeated

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

  •  Weed abatement
  •  Control of animals and animal nuisances.
  •  Litter, rubbish, and trash control.
  •  Junkyard control.
  •  Public water and sewer or public water and sewer systems.
  •  Public transportation.

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 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.

Governor Riley 334-353-0004; Fax - 334-242-7100
Sen. Barron 334-242-7858
Sen. Pruitt 334-242-7879
Sen. Waggoner 334-242-7892 email: jabo.waggoner@healthsouth.com
Sen. Marsh 334-242-7877
Sen. Roberts 334-242-8818; Fax - 334-242-7874 email: senrob1@aol.com
Rep. Jack Venable 334-283-6569; Fax - 334-242-7674; Home - 334-283-2848
Rep. Seth Hammett 334-242-4015; Fax - 334-242-7668 Seth.hammett@alabama.org
Rep. Ken Guin 334-242-7771
Rep. Hubbard 334-826-9151; Fax - 334-242-7739 hubbard@rephubbard.com

Visit the Alliance for Citizens Rights website http://www.keepourrights.org

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2. Support the Alabama Legislative Bill to display the Ten Commandments in public schools.

The Senate Education Committee has voted on Feb 9, to make sure that every public school has the Ten Commandments displayed and that every school day begins with students and teachers reciting the Pledge of Allegiance.

Bills that would put both requirements into law won approval today in the state Senate Education Committee. The bills now go to the Senate for consideration. One of the bills, by state Senator Curt Lee, would require each public school in Alabama to display framed or mounted copies of the Ten Commandments, Magna Carta, Declaration of Independence and Bill of Rights. Lee says the documents provide the foundation for American government and they should be on display daily in every public school in Alabama.

http://www.wpmi.com/news/local/story.aspx?content_id=D6D542C0-EF02-4F96-8C81-F472CBA9EE8F

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3. Senate Education Committee roll call on Ten Commandments bill

Votes Wednesday as the Senate Education Committee, on a 6-3 vote, approved legislation to require Alabama public schools to display the Ten Commandments. Voting yes were 3 Republicans and 3 Democrats. Voting no were 0 Republicans and 3 Democrats. Not voting were 1 Republican and 3 Democrats.

REPUBLICANS VOTING YES

Biddle, J. (Gardendale) Byrne, B. (Montrose) Lee, C. (Jasper).

DEMOCRATS VOTING YES

Denton, B. (Muscle Shoals) Holley, J. (Elba) Little, T. (Auburn).

DEMOCRATS VOTING NO

Figures, V. (Mobile) Penn, M. (Union Springs) Ross, Q. (Montgomery).

REPUBLICANS NOT VOTING

French, S. (Birmingham).

DEMOCRATS NOT VOTING

Bedford, R. (Russellville) Little, Z. (Cullman) Sanders, H. (Selma).

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4. Contact information for members of the Alabama Legislature can be found at:

http://www.legislature.state.al.us/house/house.html

http://www.legislature.state.al.us/senate/senate.html

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

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5. Governor Orders Property Tax Annual Reassessment Property

Taxes on Rise Under Riley Order, your taxes could increase by 40%. That's because the Alabama Department of Revenue is telling counties to switch to an annual property reappraisal rather than the current four-year reappraisal. The result will be unexpected new money for the state and counties to spend. It also will give cities and school systems more new money.

Property Taxes on Rise Under Riley Order http://www.afrr.us/riley_3-11-03.html

By Clay Redden
DAILY Staff Writer
credden@decaturdaily.com
(334) 262-1104

MONTGOMERY. Residents of Morgan County will be paying more property tax in October 2004, with residents in Lawrence and Limestone counties feeling the effects the following year.

That's because the Alabama Department of Revenue is telling counties to switch to an annual property reappraisal rather than the current four-year reappraisal.

The result will be unexpected new money for the state and counties to spend. It also will give cities and school systems more new money.

Republican Gov. Bob Riley's new Revenue Commissioner Dwight Carlisle broke the news to a number of county revenue officials at a meeting in Montgomery on Monday.

Riley's spokesman said the governor supports the plan.

During the first year of annual reappraisals, the Department of Revenue projects that Morgan County will have a net increase in property tax collections of $785,000, after expenses of $213,000. The expenses will be for computer upgrades and personnel costs.

When Lawrence County implements annual reappraisals in 2005, it will get an additional $269,100 in net tax collections, while Limestone County will see a net of only $34,100.

The county has one of the lowest millage rates in the state.

Those collection levels are predicted to continue increasing for several years.

All counties in the state will be on annual reappraisals no later than 2009. By 2010, state and local governments will have netted $402 million in new revenue with local governments getting $347 million of that amount.

Officials want order

Some county revenue officials called the reappraisal switch a tax increase on property without a vote by those affected and said they wanted an order in writing from Carlisle and Riley to prove to taxpayers back home that the annual reappraisal requirement wasn't their idea.

A long-time state revenue official disputed claims the move is getting around a constitutional requirement for a vote before property taxes can be increased.

"What this does is make it accurately reflect the fair market value of the property," said Alabama Department of Revenue Secretary Lewis Easterly of the annual reappraisals. "Over time, the value of property rises. If the value of the property increases, then the tax goes up. If the value goes down, the tax will go down."

Easterly said under the new system county property appraisers would continue to visit property once every four years, but for the other three years tax assessments would be determined by property sales records and construction costs in the county.

Under the current four-year reappraisal cycle, property taxes climb steeply after reappraisal but remain stable for the following three years.

Morgan reappraising

Morgan County is in the process of reappraising property, which will likely be reflected in higher property tax bills in October.

During the last reappraisal four years ago, the average property tax bill in Morgan County jumped 24 percent.

Morgan County Revenue Commissioner Amanda Scott ? who was at the Monday briefing ? said she had not had a chance to review the Department of Revenue's projected increased revenue collections for the county.

She stopped short of calling the annual reappraisals a tax increase and said it would prevent sharp tax hikes such as those in 1999.

"This would be a lot simpler for people to budget for if it's just a 2 or 3 percent increase each year," said Scott, a Republican. "I think property owners would like it a whole lot better."

Montgomery County is the only county that conducts annual property reappraisals.

Chief Appraiser Tommie Miller said while annual reappraisals have brought in more revenue to the county ? $12 million since 1994 ? it resulted in a decline in complaints because property taxes increased only slightly compared to the double-digit increases of four-year reappraisals.

Lawrence County Revenue Commissioner Tommy Praytor also attended Monday's meeting but like Scott didn't want to comment on projected property tax increases under annual reappraisal until he had a chance to sort through the numbers.

Praytor, a Democrat, said his office doesn't get many complaints about the current four-year reappraisal system.

The reason Morgan, Lawrence and Limestone counties are going to be among the first counties to go to annual reappraisals is they either have or are in the process of getting digital mapping systems, which makes the reappraisal process easier.

Legislators split

Two members of the Morgan County legislative delegation, both Riley backers, split over the plan.

"I don't know if I can support this," said freshman Rep. Micky Hammon, R-Decatur. "Under the current method, people get some relief for three years."

When asked where the money would come from to ease the state's financial crisis without efforts such as this, Hammon said he was still waiting to see what revenue proposals Riley and legislative leaders offer.

The reappraisal plan is a Riley revenue proposal.

State Sen. Tommy Ed Roberts, D-Hartselle, said reappraisal of property is only asking "for fair taxes on what the property's worth. If you're doing that every year, then you're just staying current with your taxes. I don't see this as a tax increase without a vote of the people."

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6. The Tax-Reform Racket in Alabama
by Llewellyn H. Rockwell, Jr.

Presented at the Mises Institute conference on The Trouble With Taxation in Charlottesville, Virginia, on January 15, 2005.

I come to you from a state with a Republican governor, elected to cut government but who, in 2003, attempted to pass the largest tax increase in the history of the state. In the same bill, which the state constitution required be submitted to public vote, the governor sought to change the constitution to make it easier on every future governor to raise taxes.

The governor invested every bit of political capital he had. During the push, he enjoyed the plaudits of the press and the fawning of the public sector. Of course he was heralded for his steadfast courage, his refreshing honesty, his hopefulness in the face of cynicism, and all the rest. They even tolerated his religious right vocabulary, given his claim that Jesus wants higher taxes.

The proposal failed by a vote of 2 to 1. It doesn't take a political scientist to understand why. People figured that they fork over quite enough to the government and they didn't want to give any more money to these birds to build their nests. This was one of the most inspiring moments I can ever recall in politics.

Interestingly, the governor was careful not to call his bill a tax increase. He called it a tax reform. He claimed that he was not raising taxes. He was making them more fair. He wasn't increasing the burden. He was lightening it on the neediest among us, while asking the richest to attend to their civic obligations.

But people saw through this rhetoric.

This is another great article from Suppressed News
http://suppressednews.com/cgi-bin/news/offsitenews.cgi?id=EEpypyFAZlevaeIxPd

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7. The Alabama Clergy Council announces a new campaign to renew the promotion of the Ten Commandments.

To encourage people to keep the Ten Commandments, we hope to put 20,000 bumper stickers on automobiles in Alabama. By placing a free bumper sticker on your car, you will be encouraging others to receive God's blessing by keeping his Commandments, and you will also be promoting the "Ten Commandments Movement.? The bumper stickers simply say, "Keep the Ten Commandments. The Alabama Clergy Council is giving these away for free! You may pick up yours at a Christian bookstore near you. Please pick one up for yourself and extras for your friends and church. For locations visit http://www.clergycouncil.com/projects/bumperstickers/index.htm

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8. Sheriff Mac Holcomb of Guntersville, Alabama

Very proud to have this man as a Sheriff in Alabama. A man with backbone who stands on his Godly Christian values and principles.

After posting a letter on his county's website. He has taken some heat for his remarks on homosexuality------The sheriff, reflecting on growing up in the 1940s and 1950s, says on the Web site: "Men were men and women were women and there was no mistaking which was which ... Homosexuality was very queer and a despicable act ... an abomination."

News related story

AP Wire | 01/12/2005 | Ala. Sheriff's Anti-Gay Views Draw Protest Holcomb told The Birmingham News, which reported on the matter Wednesday, that the Bible condemns homosexuality. He said his political message has been posted in his office since 1995 and he won't disavow it now that it's on the Internet with global reach.

I was raised in an era when

The Ten Commandments were proudly displayed as a reminder that the real Commander and Chief and Final Judge is God and that this nation was founded on Judeo Christian principle.
For Moore informationJudge Roy Moore

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9. Alabama Eagle Forum

Mark your calendar now for the 2005

Alabama Leadership Conference to be held at the Marriott Hotel in Birmingham. April 15-16, 2005 http://www.alabamaeagle.org

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10. Alabama Republican Assembly Statewide Conference

April 16, 2005 Marriott Hotel in Birmingham For more information email edl227@bellsouth.net
 

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    reappoint judge roy moore