2004 Legislative Alerts
May 14, 2004
Assault on Home Rule
Certain members of the Senate—at the urging of the State Chamber of Commerce and its business allies and in conjunction with the Farm Bureau—are planning to attach an amendment to H. 3082 which would, in our opinion, be extremely harmful to local governments and would not only restrict the ability of counties to address the petitions of their local communities, but would necessitate the review of all local permitting and licensing standards. This amendment, if enacted, would in effect move local regulatory functions back to Columbia.
The proposal would restrict a local government's ability to issue a permit for any business activity that imposes a more burdensome requirement than a state regulation. We are not just talking about agricultural activities, which are also covered in the amendment.
The amendment has not been released, but we are advised that it does not define permits and does not limit its scope to agricultural activities. In our opinion, it attacks any permit or authorization where a local government mandates any extra requirements over those contained in state law. At first glance, this sounds harmless enough. It follows the Chamber's cry of "We don't need 46 DHECs." But when you examine the proposal, it would be devastating to local government. We hope that the Chamber of Commerce and its allies haven't truly considered the total impact of this proposal. If they have, then you need to know that certain members of the business community are not your friends.
We believe that the amendment, as we understand it, would place the following activities at risk: adult business permits, business closings, building and certain land clearing activities that must be permitted, amusements, business licenses, sediment control, stormwater management, solicitation, signs and outdoor advertising, road construction standards, wastewater permits, certain County Health Department activities, certain development standards, solid waste fees, video poker ordinances and others that we haven't had time to identify on a statewide basis.
Please contact your Senators and ask them to oppose this ill-conceived attack on Home Rule. Ask your local Chamber member if this attack on local government is truly part of the Chamber's business agenda. Explain to your friends in agriculture that this goes way beyond the right to farm; and if it is passed, it may be their property values that are impacted.
Please let SCAC know where your Senators stand. Any SCAC staff member can accept your reports. Thanks. Now is the time to make a stand for Home Rule Local Government.
View 2003 Alerts