Lindberg tells me her group has asked Rep. Mike Verchio of Hill City to reintroduce the bill in amended form to simply ban all retroactive application of county ordinances, without exception for immediate threats to public health and safety. Why we need this law, I'm still not sure, since the Constitution itself says ex post facto laws can't happen. And even reworded, this proposed law probably cannot stop a county from acting to inspect and shut down faulty septic systems or other sources of water pollution.
Lindberg's explanation acknowledges one of the key lessons of modern politics: if you're going to introduce a bill, get out in front of the message and let people know what it's about before misconcpetions can drive the debate.
Below is Lindberg's explanation of what Citizens for Liberty is up to with HB 1087:
Hey Cory,Not quite sure where all the mis leading information on our 1087 Bill that was "quietly trash" came from. But the foundation and true intent of this Bill has surely been largely mis read and deceived. I know.... as I was part of those who drafted and offered the Bill to be submitted. Want the real skinny?
This Bill was meant for a "people friendly amendment to 7-18A-2 It's purpose was to RESTRICT and END the abusive authority that Pennington County Commissioners have been using against the rural citizens involving septic systems. Although State law already states that counties cannot make ordinances that are retroactive. Pennington County appears to be above the law restrictions. In a proposed septic system ordinances that the residence have been fighting over for 6 years, Pennington County Commissioners in the last 10 months have moved forward with a County Ordinance that retroactively effects every private septic system in the County, of course under the safe water cloak. The proposed ordinance will make all private septic systems under the jurisdiction of Pennington County "new" installation and supervision regulations. The City has already implemented such ordinance.All residence will have to submit request to have their septic systems "permitted" and approved. Any flaws or concerns the County Planners "see" in our septic systems will have to be brought up to their standards before permits to operate your system is allowed.There will be a $500 fine and 30 days in jail are the consequences for violating their retrospective ordinance on "ALREADY Operable" septic systems. However the more concerning fact is in a recent waste water meeting the Board laughed and stated that if residence did not comply with this excessive government policing, they would shut private water sources off. I didn't think it was funny. Now I'm not the most bright color crayon in the box..... but tell me Cory, how does the County come in and shut off a private landowners well? You got it - they'll put locking devises on our well heads.
Plus under the proposed section 200 they also are demanding the rights to come onto your property and test ground soil, all water sources, including in house water facets, site ect - all under their fraudulent cloaking of safe water. Absolutely NO evidence has been given by the Pennington County or Rapid City Officials - however, extreme environmentalist have presented agenda that states septic systems are "probably the problem source" of contaminating Rapid City's water sources.
Yet after extensive research and data pulled from all operating municipal wells in Rapid City, along with water samples from many subdivisions, no contaminate threats are evident. In fact the EPA states 10 milligram of nitrates per liter are allowed and over 90% of all ground and surface sources show levels BELOW 1.0 milligrams. Average is .54 milligrams per liter.
The real Truth of the matter is that water flowing down Rapid Creek and going INTO Rapid City's Waste Water Treatment Plant is less than 1.0, HOWEVER when this water comes out of the Waste Water Treatment Plant the nitrate levels have been at 14.6 milligrams per liter. You can do the assumptions there. Please see www.TheVoice316.com for all info and data researched. The REAL story is a massive "The Sky is falling - the Sky is falling" conspiracy by Rapid City Officials and Pennington County Commissioners.
We the people are presently having open town hall meetings informing residents of this hoax both the County and City is attempting. Out of these battle fields, We,presented Mike Verchio a proposed amendment to title 7 of county provision that we felt we could live with.
IT WAS NOT to give the County more jurisdiction - but prevent them from doing what they are already doing! Pennington County and Rapid City Officials are already passing ordinances that ARE retrospective. That is WRONG!
We the people, on line 14 stated: "No ordinance or amendment thereto may have a retrospective application unless:"
The "unless" was added because that is what the state already provides under the Statute. We added that it would also take 2/3 vote of commissioners AND that clear and convincing EVIDENCE would have to be proven as an imminent threat to either health or safety or both.
Right now they have neither, but are moving forward because they say they have the right to do so because they "believe" there is a threat.
The people should not have to sue in Court to get the County to adhere to Statute. Our attempt was to clarify Title 7, that any County COULD NOT make ordiances or amendments that was retroactive unless it was absolutely proven with evidence there WAS an imminent threat- not just because they "thought" there was.
I do not know of what "non legislation resolve" has been reached that pulled the Bill, other than the non clarification of what the Bill was meant to resolve. Seems we failed at both.
As a tea party president of over 1,500 members, we'll follow MA 's lead. My opinion is: "They closed a chapter in politics as usual.... now we'll close the book!" ..... come election they might as well "Pack it up- these County Commissioners and City Officals are DONE!" We'll be replacing their seats with or without a Bill.
Out of the chute - we could have done better at verbiage. For that I apologies and take full responsibility. I promise we'll do better in the future. As for all the political garb and campaign usage? Sorry I imposed a black eye for Mike Verchio. I take my hat off to him that he at least moved in our behalf and did what his constituents requested. I apologies earnestly that he took heat for my verbiage error. Please note though - that his efforts to do so sealed all his votes for "yes" by his constituents. He at least had the backbone to run with us and not shoot us down.
This was about regular citizens. We may have missed the boat on this round - but we'll be back ... better adverse and ready.
If there's any questions I can assist in to bring a clear perspective - please give me a call. I'm new on the court- but sincerely don't believe I'll be going away anytime soon. Thanks for your time and soften ears to hear.
Just thought you might want to know "the rest of the story".