Opinion
March 25, 2003
Constitutional reform often means some kinds of
reform more than others. But any discussion of the issue almost always
includes home rule. That means giving Alabama's 67 counties many of
the powers now held by either the Legislature or the cities.
Other than tax reform, which is not part of the report
of the Alabama Citizens' Commission on the Constitution, home rule
stirs the most passions. And not just any kind of home rule but specifically
the powers of taxation and planning and zoning.
The citizens' commission, which is sending its final
recommendations to Gov. Bob Riley so Riley can forward a package to
the Legislature, has tackled home rule head on, and it has incorporated
some safeguards.
First, the voters of Alabama would have to approve the
limited home-rule measure. Once that happened, the decision on whether
to have home rule and how much would be decided by the voters in each
county.
The measures could be put to a local vote by the county's
governing body, which is usually the county commission. But what happens
if the governing body refused to let the people vote?
In that case, the voters would be empowered to take the
initiative. They could put home-rule questions on the ballot with
a petition of 20 percent of the number of voters who voted in the
last gubernatorial election in that county. Such a measure is both
unprecedented and long overdue in Alabama. It would prevent local
governing bodies from thwarting the wishes of the people.
And what kinds of home rule are involved? The commission
proposes three levels of limited home rule. A county could adopt one,
two or all three.
What's called Set 1 would allow counties to engage
in economic development and to borrow money to pay for it. It would
also give counties the authority to protect the public health and
safety. Such powers could be exercised only in areas where they were
not exercised by another governmental body.
Set 2 powers ratchet up the stakes.. They would give
counties the authority to enact a wide array of taxes to pay for government
services. Those taxes would include property taxes, sales taxes, income
taxes and others.
But note: The county's powers of taxation would still
reside with the voters. A countywide sales tax could be imposed, for
instance, only if the people voted for it. At present, counties cannot
even submit tax proposals to the voters without the Legislature's
approval. (A city council usually has the power to levy a sales tax
without going to the voters; under the commission's plan, counties
would not have that power.)
The public referendum requirement is both a barrier against
abuse and a safety valve to address some of the objections that are
sure to arise.
Finally, Set 3 powers would allow counties to enact the
same kinds of planning and zoning controls commonly exercised by cities.
Again, however, county governments would not have such powers unless
they were granted them by local voters.
Power to the people
Alabamians should not overlook the important changes
the limited home-rule proposal could bring. Power over local affairs
would shift from the Legislature to the affected county. But the various
powers could not exercised unless the voters wanted them exercised.
In a way, power would shift not to local government,
per se, but to the people themselves.
Make no mistakes: There remain powerful interests that
will fight even this limited home-rule package. But the commission's
plan includes several layers of safeguards. It's hard to imagine objections
to this package without concluding that the objecting parties have
either overwhelming vested interests or a fundamental fear and distrust
of the people.
This may be "limited" home rule, but it is
far more home rule than the counties now enjoy, and even this will
be an uphill struggle. We urge the Legislature to pass the home-rule
package and let the people of Alabama vote on it.
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