Taxes

Vultures Over Michigan

Senate Joint Resolution M: Paying for Michigan's Role in the Flint Water Disaster with Roads Funding?

Vulture Image 1Four Republican Michigan State Senators introduced Senate Joint Resolution M on December 15th to abrogate the just enacted PA 179 (HB 4370) deal which will eventually apply $ 600 million from State General Fund to roads repairs.  SJR M replaces this funding by raising the Michigan sales tax from 6% to 7%. The four Republican Senators are:

Ken Horn, District 32
Rick Jones, District 24
Darwin Booher, District 35
Mike Green, District 31

Senator Ken Horn

Senator Ken Horn

All four of these Republican Senators voted for every bill in the PA 174 – 180 road funding deal on November 3rd. But now, less than two months later, they want a different – all tax – funding arrangement for additional road work. Legislators’ remorse? Maybe not. Or perhaps remorse over a different situation?

First term Senator Horn was interviewed by Jake Neher of Michigan Radio on Senate Joint Resolution M:

Horn thinks the current plan relies too heavily on shifting money from other areas of the budget – especially with some big expenses on the horizon.
“That has me a little bit nervous,” he said. “If we tie our hands with $600 million out of the general fund, how do we ever manage new expenses?”

What “big….new expenses” cropped up in Senator Horn’s mind over the last 60 days?

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RightMi.com 2015 Year In Review

RightMi.com top stories for 2015

Year in reviewWe’ve reached the end of 2015.

Running the gamut from man eating roads to bald face lies, Michigan politics is a ‘special’ place. RightMi.com highlights certain aspects of our system by bringing certain aspects not typically examined by the mainstream to the forefront.   With writing from folks in all parts of the state, we have been able to add perspective not found elsewhere.  Please enjoy, be active, and keep coming back!

STOP-167Coming out of 2014, that session’s legislative knuckleheads carved out a wonderful political battle extending right up to a special vote May 5, which was soundly defeated 80 to 20.  Add to this the cost of the special election that could be as high as $10,000,000, and the resources necessary on both sides to fight it.

In RightMi.com’s opening salvo for 2015, KG One says

“But, I’ve also heard that very same sales pitch before (going back at least several decades, in fact), and have been very disappointed by the outcome each and every time.”

And he was hardly wrong in hedging his optimism as disappointment has once again begat the theme with the political class we have learned to trust so implicitly. <sarc=off>

The ‘safe roads’ nonsense was replete with payoffs to just about every single constituency, and the majority GOP legislature made sure that those ‘po folk’ would get their due if the tax hikes would pass.

The PowWow happened, and we promoted, then reported on it.  The Mackinac Center made an unexpected decision to withdraw from the opportunity to reach 400 or so Michigan activists.  Apparently, Dave Agema, a white haired old veteran ‘racist’ (seen on the right with one of his ‘mortal enemies,’ Pastor Phil Smith) was too overwhelming and politically incorrect that he might rub off in some way.  We gave them a “bad doggie” award and moved on. (I still love you guys..  just don’t do that again, OK?)

A shame they didn’t show up.  One guy who did however, was Lt. General William G Boykin.

Now that guy was the real deal. He offered an inspirational speech (click the link above), and was later used as an example of concern about the lack of will by a couple of ‘tea soldiers’ to fight in Michigan’s legislature.  Though with a couple of highlights, the powwow takeaway in the end, was less than stellar from the perspectives of attendees and some organizers.

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2015: Year Of The Big Lie

The Etiquette of Lying Evolved in Michigan This Year

hcedhbcaThomas Sowell just dismissed 2015 as the “Year of the Big Lie”. His view is national, but his observation certainly applies to Michigan politics this year as well.

MDEQ Director Dan Wyant resigned yesterday in an act of contrition over his department’s prevarications about Flint water processing and quality.  The Flint Water Advisory Task Force found the Michigan Department of Environmental Quality failed to ensure safe drinking water in the City of Flint.  He was followed out the door yesterday evening by his mouthpiece, MDEQ Communications Director Brad Wurfel. The really egregious MDEQ lies were actually formulated by Stephen Busch, a civil service classified ‘engineer’ in the MDEQ Drinking Water and Municipal Assistance Office. No word on his fate, but don’t hold your breath; he is a classified civil servant.

By contrast, MDoT Director Kirk Steudle gets to spend a gusher of new taxpayer dollars gulled from our State Legislature, after his blizzard of lies supporting Proposal 2015-01 failed to impress Michigan voters. Our legislators were far less discerning than their constituents. Director Steudle was all over Michigan in the first quarter poor mouthing MDoT’s resources. He relentlessly promoted an entirely bogus assessment methodology to portray Michigan road conditions in the worst possible light. All the while, the Michigan Auditor General was having a field day revealing MDoT nonfeasance, misfeasance, and waste.

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Omertà: The New Code of Michigan Campaign Finance Reporting

You Are Going to Know A Whole Lot Less The Next Time You Vote

Michael Kowall Image 2The Michigan House and Senate sent a much revised and dramatically expanded Senate Bill 571 H-3 to Governor Snyder last Wednesday. Introduced by Senator Kowall as a 12 page bill establishing some esoteric campaign finance rules for various types of PACs in Michigan, this bill morphed into a 53 page political grab bag incorporating SB 638 S-2 at the very last minute. It creates a whole new way to conceal political expenditures from public scrutiny until long after an election is over. Think of it as the mafia’s code of omertà applied to Michigan campaign finance.

Michigan’s nitwit news media are decrying the limits placed upon a ‘public body’ in Section 57(3), which prevents them from using public funds to propagandize voters on local ballot questions. This limitation doesn’t go far enough. Remember how the Michigan Municipal League, the Michigan Association of Counties, and the county road commissions pulled out all the stops for Proposal 2015-01? No prohibition against this in SB 571 H-3, but there should be. Citizens should not have to fight their tax dollars in the political arena. Section 57(3) would be a real benefit to Michigan politics if it had been extended to state ballot questions, but it wasn’t.

Now to the really devious aspect of SB 571 H-3, which our nitwit media missed. MCL 169.233(3)(a) currently requires ‘independent committees’ to report their financial expenditures on behalf of candidates and ballot questions four times a year. ‘Independent committees’ currently have to file reports on their campaign finance activities during February, April, July, and October. This is not quite a quarterly basis, but it is fairly well spaced out through the year. MCL 169.233(1) already exempts ‘independent committees’ from the regular election campaign statement reporting schedule – immediately before and after elections – required of most other committees. MCL 169.233(5) requires ‘independent committees’ to file reports of expenditures made within 45 days before a special election, but it is easy to use prepayments and accounts payable to avoid this window during most special elections. And this 45 day reporting window does not exist for regular elections. So you are only going to get quarterly reports from ‘independent committees, except in rare circumstances.

Section 33(3) of SB 571 H-3 completely eliminates the February campaign finance report for all types of committees, including independents. This creates a bastard reporting schedule consisting of two quarterly reports and one semiannual report five months after November elections.. Most political committees have to file pre and post election statements, so their campaign expenditures and sources of funds will continue to be known on a timely basis, regardless of this change. But independent committees are not required to file pre and post campaign reports for regular elections, so they will now have a six month interval after their October reports before they have to report their finances – on April 25th of the following year.

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Fast and Loose in the Michigan Senate

Switch Subsidy Bill Passage Was A Senate Rules Violation

David Knezek ImageIn their slobbering rush to deliver tax breaks for one very specific data center last Thursday, the Michigan Senate violated its own rules regarding the consideration of appropriations bills. The Knezek amendment to SB 616, S-1:

Enacting section 1. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.

converted SB 616 into an appropriations bill according to the definition in Michigan’s 1963 Constitution, in its Article IV, Section 31.

Michigan Senate Rule 3.602 requires:

“Any bill requiring an appropriation to carry out its intended purpose shall be considered an appropriation bill (See Constitution Article IV, Section 31). Appropriations bills, when reported back to the Senate favorably by a committee other than the Committee on Appropriations, shall, together with amendments proposed by that committee, be referred to the Committee on Appropriations for consideration.

Michael Kowall Image 2Senator Kowall moved a suspension of the Senate Rules after the noon recess on Thursday to bring nine bills on to Third Reading, including SB 616. From Senate Journal 106, page 1910: “be placed on their immediate passage at the head of the Third Reading of the Bills calendar.” was his motion. Senate Journal 106 indicates that his request was passed by a majority. This allowed final action and passage on SB 616 in the Senate that day.

Reading the record, it would appear that Senator Kowall was suspending Rule 3.207 to consider SB 616 and the eight other bills which had been placed on to ‘General Orders’ that morning for final passage under ‘Third Reading’, out of normal order. Senate Rule 3.207 requires a one day delay between the ‘Second Reading’ (‘General Orders’), and the ‘Third Reading’ (‘Final Action’). Suspending this prescribed one day delay is a common practice when time is of the essence.

Senator Kowall had already moved that morning, before recess, to place SB 616 and the same eight other bills then under ‘Committee Reports’ (‘First Reading’) under ‘General Orders’ (‘Second Reading’), so they could be on that day’s calendar. Also out of normal order, but again a common practice when time is of the essence.

But did either of Senator Kowall’s two suspension motions suspend Michigan Senate Rule 3.602?

Is Michigan Senate Rule 3.602 a fundamental rule as defined by Mason’s Manual of Legislative Procedure? Mason’s is the underlying body of rules adopted by the Michigan Senate when their own rules are mute on an issue.  Fundamental rules cannot be suspended according to Mason’s and all the other accepted bodies of parliamentary rules.

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State Of The State Program Guide Contest Announced

Pure Michigan student creativity unfolding before our eyes.

sotsprogramcoverdesigncontest_cropHey kids, get your art skillz on!

The Michigan State of the State address by governor Rick Snyder is coming soon!  You can watch him get away with breaking the law, tell little white lies (or little dark ones), and learn how much you are already in debt in under two hours!  Gosh, what a treat! (or a trick)

But wait, there is more!

From the Michigan State Department of Propaganda comes a new contest: Design The State of the State Program Cover!

“Students can submit their designs today through Jan. 3. The top five designs – judged by their creativity and originality – will be announced through social media on Jan. 5 and posted on Snyder’s Facebook page. The winning design will be determined by which one receives the most ‘Likes’ on Facebook by the end of the day on Jan. 8.”

Gosh what fun!

To make it easier for our precious snowflakes, here is what the winning entry should look like.

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Lie of the Month: “We’re talking about introducing an entirely new industry to Michigan”

Pandora's Box Has Been Opened

Pandoras Box Image 2Actually, no. There are at least 28 third party data centers already up and operating in Michigan. The House Fiscal Agency thinks there are 40, but didn’t specify them. None of these 28+ existing data centers required the tax breaks just reported out of the Michigan House Committee on Tax Policy to get up and running.  But Switch SuperNAP does? Why?

The promoters of Switch SuperNAP’s tax break package launched their campaign back in November with a heavy emphasis on the ‘new industry’ angle. This whopper seems to have been originated by Switch’s spokesman Roger Martin:

“It is a tough issue,” Switch spokesman Roger Martin said. “There’s no question about it. We’re talking about introducing an entirely new industry to Michigan, something that is the future of this country and of this world. It’s a good, vigorous debate.”

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TAKE ACTION! SB 306 could raise Federal Taxes 40%!

It sets up an interstate compact to use YOUR taxes to force a Constitutional Convention that will raise Federal taxes 40%!!!

Signing_of_Constitution+ Hi–Blast needed on Michigan’s SB306 (again!)…it’ll be up for a vote this time…This is a bill to bind Michigan to an interstate compact to pay a staff to force other states to option in on a constitution convention supposedly to pass a Federal Balanced Budget Amendment. There are many problems.

FIRST, there is no guarantee a ConCon will be limited to one issue, or that it will be bound by the ratification. More than 600 times it has been tried and each time dropped when folks realized the risk. Sec. of State Thomas Jefferson pursued it in 1796 and when the Jay Supreme refused the opine that such a convention could be limited to one issue. James Madison was alarmed when two states were calling for and Art V ConCon just a year after the Constitution was ratified. It dawned on him that this provision slipped through and was very dangerous. If a ConCon was too dangerous when Washington was President, John Adams VP, Hamilton and Jefferson in the Cabinet, Madison in the Senate and Jay on the Court, how much more dangerous would it be now with an electorate that chose Obama twice, and a political class that puts in congressional leadership people like Pelosi and Reid and Republican capitulators like McConnell and Boehner/Ryan?  It is WAAAY too risky. The Constitution needs to enforced not gutted

SECOND, this compact allows Governors to name the delegates and binds that the delegate from first state to ratify (South Carolina) will chair the ConCon. It seeks to bind states and the Congress in ways contrary to the Constitution and Art. V and sets other criteria that will not stand up to current Constitutional authorities. Under Article V states petition but Congress calls a convention and will set criteria. The same Congress that will not limit spending.

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Another Deceitful Michigan Tax Scam Exposed

Desperate Local Politicians Seek to Preserve Surreptitious Business Activities Tax

Tax Image 1Less noticed during this year’s roads tax furore, a roiling commercial property tax dispute has exposed a widespread, sub rosa business activities tax hidden in commercial real property taxes. A hidden tax you have been paying with every purchase at big box chain retailers who occupy stores they themselves own. Big box retailers have been exposing and successfully challenging this corrupt assessing practice through the Michigan Tax Tribunal and local units of government are howling over the loss of their ill gotten revenue.  Michael B. Shapiro of Honigman, Miller has been leading the charge against these bloated assessments.

Local units of government are demanding the Michigan Legislature overturn long standing real estate valuation principles and the Michigan court rulings which hold that assessed true cash value (i.e. fair market value) for tax purposes be based upon what a property would be sold for at arm’s length. They want true cash value to effectively incorporate the retail success of current owner-occupants. This artificially jacks up the property’s true cash value, its taxes, and the prices you pay at the store. Remember that businesses don’t pay taxes, customers of those businesses – in this case you – do.

Michigan’s nitwit media have deceitfully relabeled traditional true cash value assessment the ‘Dark Stores Loophole’. Local government organizations are screaming about lost revenues.  Even MoveOn.org is right in there with a petition to support their favorite spenders.  This is a devious effort to stampede our state’s legislators into codifying creative assessment methods solely intended to extract surreptitious revenues from shoppers. A follow on to the more blatant ‘Amazon Tax’ campaign of 2014. The State of Michigan got into your pocket last year, now it is your local government’s turn.

The term ‘Dark Stores Loophole’ was created to suggest that vacant big box stores have lower, fire sale values when compared to occupied stores. True enough, but we are discussing assessments used to determine real estate, i.e. property, taxes. Not taxes on business activity. The two creative assessment methods used most often to loot shoppers are ‘construction cost‘ and ‘imputed lease‘ calculations. Each might be valid under some very limited circumstances, but both are entirely invalid when assessing big box retailers.

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You Don’t Say?

Inside Michigan Politics ranks its most conservative and most liberal legislators, and guess what?

HB4736Susan Demas, not exactly known for sympathy to conservative causes must be having fun.

Recently editing the Inside Michigan Politics scoring of conservative and liberal state representatives, she gets to shame Republicans with their own rhetoric, and as a bonus, can gloat over the self inflicted loss of true conservative voting in the Michigan house. Her report:

Inside Michigan Politics has compiled the definitive rankings of the “Most Liberal and Most Conservative” members of the House of Representatives for 2015. The rankings are based on 28 litmus test roll-call votes this year.

“Most Conservative” winners Courser and Gamrat both notched 4.8% liberal voting records. Following them is Rep. Gary Glenn (R-Midland) with a 7.1% liberal record. Reps. Jim Runestad (R-White Lake) and Lana Theis (R-Brighton) tied for third by posting 10.7% liberal voting records.

Snap.

A reminder BTW, that such ‘diehard’ conservatives Glenn, Runestad, and Theis all voted yea on the expulsion of Gamrat, and the expected expulsion of Courser prompted him to resign prior to expulsion.  Gosh, they could have used a vote or two of support on HB4736, as each voted correctly to deny the government beast more of our kibble.

Hello Birthday Tax.

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