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Bollinger County Tax Issues...
Posted Wednesday, January 7, 2009, at 10:40 PMRead comments | Respond | Email link | Next >>
There's a lot of "buzz" going on about the latest story to come from Bollinger County. The Wednesday January 7th, 2009 edition of the Southeast Missourian newspaper carried a story entitled, "Bollinger County won't change sales tax structure after critical audit". In it, Rudy Keller writes: "Bollinger County annually collects hundreds of thousands of dollars in sales taxes that appear to exceed legal limits, the Missouri State Auditor's office reported in a recent review of the county's finances.
In the report, which repeats and expands on findings from an audit issued in 2004, the auditor's office noted that the county has repeatedly used a state law allowing a countywide sales tax of up to one-half percent. County voters have approved three different sales taxes under the law, totaling 1.125 percent. An attorney general's opinion from 1989 said counties are allowed to use the tax law multiple times, but that the total amount of the tax must be no more than one-half percent. "The county needs to review the various sales tax levies to determine which are valid," the audit report states. The taxes, which raised a combined $670,000 in 2007, include a half-cent sales tax approved by voters in 1989, a one-eighth cent sales tax approved by voters in 2006 for senior citizen services and a half-cent tax originally approved in 2003 and renewed in 2007. Bollinger County also levies a one-half cent sales tax authorized by a different section of state law. In the response to the state auditor, the county commission indicated that it would ignore the questions raised about the legality of the taxes. "The citizens have voted for and passed this sales tax; therefore, we do not plan to attempt to change it."
Let's face it; prosperity is not a word that most people think of when it comes to Bollinger County. That doesn't mean that Bollinger County is a bad place to live, in fact it is quite the opposite, the lack of prosperity is offset by the abundance of wildlife, the beauty of the countryside and the traditional values of the people who reside within it. Comments regarding in the media have ranged everywhere from those who are in agreement to those who predict that a lawsuit is in the works.
The online addition of the Southeast Missourian article carries reader comments, one reader who goes by the screen name "jcwill" stated:
"The county is ripe for a lawsuit on this one. The first person who sues will cure the "we are above the law" attitude PDQ!"
Another reader whose screen name is "Flybaby" had this to say about the issue: "How can they continue to do this if it's against the law? I don't understand that. Who is in charge within the government that could be contacted about this? I don't need anymore tax dollars coming out of my paycheck"
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed."
I've always been a "self-government" kind of guy, and it appears to me that the County Commission is justified to defy the state on its position regarding sales taxes. The citizens voted for them, therefore the commission derived its authority by the consent of the governed.
As I stated previously in this post, it is not secret that Bollinger County is not a prosperous county. It is low in population and opportunity. The only way to fund it is through sales taxes. Fortunately for us, many people pass through Bollinger County each winter to deer hunt and each summer on their way to such destinations like Castor River, Sam A. Baker State Park and Clearwater Lake during the summer. These visitors provide the tax revenue that the County depends on to function. Best of all, sales taxes are voluntary taxes as opposed to property taxes which are mandatory.
The founding fathers of this nation believed that liberty was best achieved through property. Researching this subject I found a quote that applies directly to the Bollinger County's "peculiar problem".
Anthony Gregory, writes (in an article published at www.lewrockwell.com entitled, "Murdering the Bill of Rights")
"The Bill of Rights underscores a radical conception of liberty: that the state does not create liberty that in fact the state's actions inflict harm on liberty, and that to protect liberty all we must do is keep the state away."
Constitutionally speaking, the County Commission made the right decision by telling the state to take a hike. More money can be collected through the voluntary collection of sales taxes than through the forced collection of property taxes (which will go up even higher if the county stops collecting sales taxes).
Speaking of property taxes…
In the January 7th, 2009 article that I previously cited Rudy Keller continues by writing:
"Along with collecting questionable sales taxes, the county has also collected too much in property taxes, the auditor's report concludes. The county is required to reduce property taxes as an offset to revenue from a half-cent general revenue sales tax. In addition, the sales tax approved in 2003 included a voluntary property tax reduction."
The County Commission should continue to collect the voluntary sales taxes but reduce the forced collection of property taxes. As a result, the County would still be able to obtain the majority of its funding, and the citizens' liberty will be more secure.
As a side note, On August 22, 2008 I was asked to vote on an ordinance that would increase the property tax rate in Marble Hill. I was told that the State sets the property tax rate (based on a city's revenue) and that if we Board of Aldermen did not approve the measure, the County assessor would not be able to assess property value and the City would not be able to collect property taxes.
I'm proud to say, I'm the only Alderman who voted, "No" on the measure.
 Comments Showing comments in chronological order [Show most recent comments first] |
Clint E. Lacy is a Southern author and activist, he resides in the Ozark foothills of Southeast Missouri. He is a Historian with the John T. Coffee Camp #1934, Missouri Sons of Confederate Veterans and currently serves as an Alderman for the City of Marble Hill, Missouri.
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So what you are saying is that if a few good old boys get together and decide they don't want to pay taxes at all then they don't have too? Your own words "Govern by men" How about drinking and driving? If 51% of Bollinger County decided that it's ok to drink and drive then the state and federal laws stop at the county line?
The city of Marble Hill and the County will not win this fight and that is why you were the only one to vote no.
It is sad but true that "We as a people govern our own" is history. The lawyers and politician took that away many years ago.
One thing the County need to do is drop the tax which pushes the limits then go after those indiduals, businesses and corpoations that refuse to pay their taxes. As a City Alderman you should be looking into who is skidding out on taxes in the city.
Mr. Johnson also said in that article that the people don't mind paying higher taxes. He is dead wrong.
And when our so called leaders go against the law then it is time for them to hit the road.
I agree with Mr. Lacy on his comments about the "state's" abuse of power.
However, Mr. Lacy should realize that any government entity can be the "state"; from the Federal to the State to the County to the City.
So, while Mr. Lacy works himself into a frenzy when preaching the plactitudes of sticking it to the Man, he doesn't realize that he IS the Man.
I also must take exception when Mr. Lacy, as an elected official, expresses his desire to pick and choose which tax laws he wishes to follow.
While he agrees that the exeeded sales tax collection is illegal, he claims that it is more "fair" than a property tax.
Yet when the State claims that Bollinger Co. has been over-collecting property taxes on it's residents, well Southern author and activist Mr. Clint Lacy is tripping all over himself to point out that THIS is a State tax law that should be enforced!
HORSESQUEEZE!
I urge Mr. Lacy, and every elected official to consider methods in which to reduce or eliminate ALL taxes - regardless of who seems to pay them; regardless of how "fair" the tax is.
I also implore Mr. Lacy, and every elected offcial to take advantage of the opportunity to represent their constituents, to use vision and common sense to spend the money that they have stolen in the most wise and prudent methods.
"Lumpy" I believe you have misread and missed the point of Mr. Lacy's article.
First off, he made note of the fact that the property taxes need to go, because they were mandatory.
Second, he emphasized that sales taxes are "voluntary" not "mandatory" like property taxes.
Third, he stated that he was the only alderman to vote against the so-called mandatory city property tax rate increase.
I agree with him in a constitutional sense that if the founding fathers believed that government derives its powers from the consent of the governed, then the commission did nothing wrong, because the "governed" approved the sales tax increases.
Great analogy, freedom.
While I often agree with Clint on quite a few things, I cannot bring myself to agree that it's okay for a government entity to, in essence, break the law ... regardless of the 'justification' for it.
Citizens,
While I don't like higher taxes of any kind, the fact of the matter appears to be that if the county is forced to lower the sales taxes, the result will be sky-high property taxes.
Freedom 1776-2008:
You stated:
"It is sad but true that "We as a people govern our own" is history"
To which I respond: only because few elected officials are willing to reclaim our liberty.