At this present time the Missouri Show Me Institute has all my documentation and is reviewing everything to see if my assertions are correct. The Hancock Amendment prohibits local and state municipalities from raising "tax, license or fees" without the consent of the people unless said "tax, license or fees" was already being collected at the time the amendment went into effect. 11/04/80 is when the voters approved the Hancock Amendment and this coming monday is when the city is going to give itself the permission to collect these fees for the very first time in city history.
The law should be on my side but I'll wait until our state think tank tells me for sure. tom On Sat, Oct 25, 2008 at 1:51 PM, James Hornaday Jr. <[EMAIL PROTECTED]>wrote: > Tom: > > So, is it 'better' to use this Hancock proviso as a council candidate's > campaign issue, or to sue the socks off the city, or maybe both? > > Jim Hornaday > > ----- Original Message ---- > From: Tom Martz <[EMAIL PROTECTED]> > To: missourilibertycoalition@googlegroups.com > Sent: Thursday, October 23, 2008 11:13:02 AM > Subject: I FOUND IT !!!! > > Thanks to Mark Wright for pointing me in the right direction. With the > assessment of restaurant health inspection fees being my pet peeve since it > was asked for I have been doing mountains of research to prove these fees > cannot be voted on. This portion came from page 4 of the Hancock Amendment. > I have highlighted the section which pertains to my contention. > > http://www.truman.missouri.edu/uploads/Publications/MLA%2049-2004.pdf > > Local government tax limit/voter approval > Sections 16 and 22 impose the tax limit and voter-approval requirement on > local > governments. The general rule is that voter approval is required before > any political > subdivision can levy any "tax, license or fees" not authorized when the > Amendment was > adopted or increase the current levy above the level at the time of > adoption. In addition, > if the existing base of a tax, license or fee is broadened (such as by > repealing a deduction > or exemption), then the tax rate has to be reduced to yield the same amount > as would > have been received on the prior base. > The Missouri Supreme Court, in Keller v. Marion County Ambulance District, > 820 > S.W.2d 301 (Mo. banc 1991), enunciated a five-part test to be used in > determining what > constitutes a "tax, license or fee": the time of the fee payment, the > identity of the payer, > whether the amount of the fee is affected by the level of goods or services > provided to the > payer; whether the government is providing the goods or services; and > whether the > activity has historically and exclusively been provided by the government. > Id. at 304, fn > 10. > > -- > http://votetom4council.webs.com/ > > http://417-political-pundit.blogspot.com/ > > www.moliberty.org > > "lite a fire for a man he'll be warm for a day, lite the man on fire and > he'll be warm the rest of his life". > > Just because you do not take an interest in politics doesn't mean politics > won't take an interest in you! > -Pericles (430 B.C.) > > In fact, there is a direct correlation between loyalty to one's spouse and > the "trustworthiness, sincerity, honesty and strength of leadership" > required to lead a nation. > ~John Edwards~ > > "no cause is lost if there is but one fool to fight for it" > ~Will Turner~ > ~Pirate's of the Caribbean @ World's End~ > > Save your property rights > www.mo-cpr.org > > http://www.radiofreeliberty.com > > > > > > > > -- http://votetom4council.webs.com/ http://417-political-pundit.blogspot.com/ www.moliberty.org "lite a fire for a man he'll be warm for a day, lite the man on fire and he'll be warm the rest of his life". Just because you do not take an interest in politics doesn't mean politics won't take an interest in you! -Pericles (430 B.C.) In fact, there is a direct correlation between loyalty to one's spouse and the "trustworthiness, sincerity, honesty and strength of leadership" required to lead a nation. ~John Edwards~ "no cause is lost if there is but one fool to fight for it" ~Will Turner~ ~Pirate's of the Caribbean @ World's End~ Save your property rights www.mo-cpr.org http://www.radiofreeliberty.com --~--~---------~--~----~------------~-------~--~----~ This is a Free Speech forum. The owner of this list assumes no responsibility for the intellectual or emotional maturity of its members. If you do not like what is being said here, filter it to trash, ignore it or leave. If you leave, learn how to do this for yourself. If you do not, you will be here forever. -~----------~----~----~----~------~----~------~--~---
