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Home rule is one possible outcome of Constitutional reform

By Wendy Swann
Outlook Staff Writer
April 16, 2003

   The issue of reforming what many call the state’s antiquated constitution has been a hot-button topic for several years now. However, the topic has received more attention and support in recent years.

   Now the grassroots campaign for constitutional reform has reached the governor’s office with his creation of the Citizens’ Constitution Commission. While the commission is examining several areas where reform is needed, no issue has received more attention than that of home rule.

   “The idea of home rule has been bounced around for a long time, “ said state Rep. Betty Carol Graham, D-Alexander City.

   But while Graham said home rule is good in certain cases, their needs to be a clear definition defining home rule and limited home rule.

   “In most cases, home rule would be beneficial in that county commissions would have a quick turnaround time to make decisions if a decision needed to be made quickly,” she said. “What is happening now is major entities want limited home rule, and we need to determine how that would be defined.”

   Under the original 1901 Constitution, the state Legislature heads the power structure, giving them authority over local county governments. Unlike cities, which over years have gained a measure of independence from the Legislature, county governments must first confer with their county’s Legislative delegation to make changes in areas such as zoning, planning and taxation. From there, the entire Legislature votes on approval of the measure and only then does it go before the county’s citizens for their approval.

   “What it does is put the fate of the citizens of Tallapoosa County in the hands of people we did not elect,” said T.C. Coley, a Tallapoosa County commissioner.

   Coley said that with home rule the county commission would be able to handle several important county issues in a timelier manner.

   However, many citizens don’t want county commissions to be given more authority because of the potential for increased property taxes.

   “Basically what it boils down to is that people don’t want the county commissions given more authority because they are afraid they will raise property taxes,” he said. “The state ranks 50th lowest with property taxes. We could double property taxes and still be 50th.”

   Coley said even if the commission were given home rule, they would not raise taxes right and left.

   “There would be certain decisions on tax issues that we would make ourselves, and on other issues we would have public hearings and have an open dialogue to let the voters know what we were doing and trying to do,” he said.

   To put it into perspective, the current proposed volunteer fire department funding has been in discussion for almost a year. The proposal must be approved by the Legislature before the county can vote on it. If the state had home rule, a decision could have already been made.

   “If the county had home rule, we could have already passed the legislation,” he said. “The problem would have been solved, and we would have moved on. We would not be limited to the calendar of the Legislative session.”

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Alabama Citizens for Constitutional Reform Foundation, Inc.
P.O. Box 34
Montgomery, Alabama 36101-0034

E-mail: accr@constitutionalreform.org
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