Tag Archive for Proposal 2015-01

Irony

i·ro·ny (ī′rə-nē, ī′ər-) Incongruity between what might be expected and what actually occurs. An occurrence, result, or circumstance notable for such incongruity.

Lansing City Hall & Court ComplexMichigan House Speaker Cotter just lost a round in the Courser/Gamrat felony criminal case preliminaries. Ingham County District Court 54-A Judge Hugh B. Clarke Jr. ruled Friday it would be “patently unfair” for Gamrat’s and Courser’s attorneys to not have an opportunity to question Cotter in their defense:Judge Hugh Clarke, Jr.

“Without answers to these questions, the Court cannot adequately balance the rights of the Defendants against the right of the Speaker to be free from being compelled to testify,” the order states.

“To make this decision, the Court believes an in camera hearing with counsel for the Defendants, Speaker Cotter and his attorney is warranted. This procedure would allow the court to properly balance the interests of the Defendants against the privilege sought to be accorded Speaker Cotter.”

Speaker Cotter has been claiming immunity under Public Act 27 of 1984 in Judge Clarke’s courtroom:

“AN ACT to provide immunity from civil action to members of the legislature of this state for acts done pursuant to duty as legislators; to prohibit members of the legislature of this state from being made parties to contested cases or other administrative proceedings for acts done pursuant to duty as legislators; and to provide for certain exemptions from subpoenas.”

Specifically Speaker Cotter is claiming immunity from a subpoena ad testificandum under the third section of PA 27 of 1984

MCL 4.553
Subpoena as to statements made by legislator
Sec. 3.
A member of the legislature shall not be subject to a subpoena for any matter involving statements made by the legislator pursuant to his or her duty as a legislator.

The issue here will be that the legal action against Courser and Gamrat in Ingham County District Court 54-A is a criminal action, specifically a felony action, not a civil action. Speaker Cotter is claiming immunity under a statute which pertains to civil actions, not criminal actions.  Michigan’s legislators have no constitutional or statutory relief from subpoenae in felony matters.

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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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Plan B – A Philosophy

Spending Money Is Not Leadership

Kwame's and Bobbie's 'Bridge of Bucks' over Telegraph Road

Kwame’s and Bobbie’s ‘Bridge of Bucks’ over Telegraph Road

Now that Michigan voters have mercilessly dispatched Proposal 1 to the garbage can of history, lets talk a bit about the philosophy of a truly effective plan to get Michigan’s roads and bridges up to par. This will provide a proper foundation for developing a ‘Plan B’ which will actually improve Michigan’s roads and bridges, and be acceptable to the population as well.

The underlying premise of Proposal 1 was that the only action required to fix up Michigan’s roads and bridges was injecting big money into the Michigan Transportation Fund. The depraved philosophy of modern American government. Not true and the voters knew it. But Michigan’s power elite believed that opposition could be neutralized by icing a pile of feces with chocolate frosting. Didn’t work despite a lavish $ 10 million effort.

The condition of Michigan’s roads and bridges has only a casual relationship with the funds available in the MTF. In 2014, 11% of MTF funds were siphoned off by various State of Michigan Departments in the form of charge backs for ‘services’ rendered to the MTF, as well as priority grants that have little to do with roads and bridges. Debt service is also a component of this 11%, but that is effectively a payment for previous time preferences of bureaucrats and politicians. Then 9.5% of the remainder was diverted to the Comprehensive Transportation Fund for mass transit. Finally, the MTF was partitioned amongst the State Trunkline Fund (36%), county road agencies (34.6%), and cities (19.8%). In each partition, further funds are siphoned off by charge backs, pension payments, and OPEBs. What’s left for the roads is more a function of politicians and bureaucrats preferences at every level than the amount of money front loaded into the MTF.

So how do we proceed? First develop a philosophy to frame and inform the ‘Plan B’ debate.  After the fold.

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The Editor’s Choice Awards

RightMi.Com editors weigh in on their favorite anti-prop 15-1 articles.

GasTaxRegistrationFreesHikeWe’ve had plenty to say about proposal 15-1.

In fact, there was so much to be said that we had to create a special category for it, and all things leading up to, and related have been edited by Kevin to reflect their importance to the issue.  While the traditional media sources play the equal opportunity game with both proponents and opponents of HR UU (proposal 15-1), it’s been our position to not do so.  We have maintained that equal opportunity is already a function of those who would lie about its ‘advantages,’ and it needs no further promotion to make it one of the most dangerous options Michiganians have ever faced at the ballot box.

As we wrap up the arguments with only 2 days left before the polls close, RightMi.com editors thought it important to offer up a few ‘MUST READS!’ As you make a special trip to the polls for an election day that you wouldn’t have if the last legislative session would have done its job we have highlighted the most compelling.  The editors have selected 5 or more articles from RightMi.com directly, and one other from anywhere else, traditional or otherwise.

Let the review begin!

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MITA is Indeed Scraping the Bottom of Its Barrel – Updated Sunday

SafeRoadsYes! Morphing Into A Very Expensive White Elephant - Big New Money Going Down the Drain!

Out of Money ImageAnother day, another $ 105,000 delivered to SafeRoadsYes! Here are the latest contributions made to SafeRoadsYes! on 28 April and posted by the Michigan Secretary of State today:

  • MITA gave another $ 25,000, new total circa $ 5.42 million
  • Michigan Aggregates Association gave $ 20,000, their first act of obeisance
  • PVS-Nolwood gave $ 25,000, new total $ 75,000
  • Operating Engineers Local 324 gave $ 35,000, new total $ 135,000

The motives of three late contributors are pretty obvious. PVS-Nolwood is a chemical company in Detroit specializing in acids and their disposal. As [a very profitable] part of this business, they unload neutralized acid byproducts on wastewater treatment plants as clarifiers. Those wastewater treatment plants just happen to be owned by various units of government which, in turn, use their water billings to rape the public at large. PVS-Nolwood have a long history of sucking up to Michigan’s power elites to further their very lucrative business interests.

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Snyder’s People Really do Struggle to Keep Their Lies Straight

Check out the latest installment from MediaNews Group who appears to have taken on a pro Prop 1 slant.

McLellan_Mac_Cen_Vote_Yes_man-behind-the-sceneWith one week until the special statewide election next Tuesday, the Safe Roads Yes ballot campaign is deploying teams of volunteers to call voters and track down unreturned absentee ballots over the proposed constitutional amendment linked to boosting road funding $1.2 billion annually [No it DOES NOT. That is disinformation, Chad.]. The campaign wouldn’t divulge who will be on the bus. [maybe an AFSCME stooge?]

“I don’t care what side you’re on, everyone agrees Michigan’s roads have gone from bad to worse, and they’ve got to get fixed,” said Roger Martin, spokesman for the Safe Roads Yes campaign.

“It is the only solution before us.”

That so, Roger? Your boss doesn’t think so.

You know, it’s become typical of these creeps who get elected to office. They always start believing the lies they spin and overload their asses.

Some of us out here do have memories, you know?STOP-167

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Today’s Mystery

SafeRoadsYes! Has A Phantom Contributor

Mystery Money

Today was the deadline for the last campaign finance filings with the Michigan Secretary of State before the May 5th vote on Proposal 1. SafeRoadsYes! filed five late contribution reports and a pre-special general report. Contributions supporting Proposal 1 now exceed $ 8 million and, as you might expect, the roster of SafeRoadsYes! contributors reads like a Michigan road constructors’ directory. SafeRoadsYes! expenditures now exceed $ 7.2 million, and SafeRoadsYes! still has more than $ 843,000 yet to be spent.  Of course there may be massive contributions yet to be made which would not be reported until after the election.

MGM Grand Casino and FireKeepers Casino contributed $ 50,000 each, presumably to curry favor with the Lansing power elites. BlueCross/Blue Shield and the Michigan Township Association each threw in $ 100,000 which was picked from your pockets by ObamaCare and your property taxes, respectively. Dick DeVos, after having his stooge knife Representative Gamrat for not supporting Proposal 1, got in late with a $ 50,000 contribution from his Alticor investment group.

Powering the Economy SRY Late Contribution Report 4-24-15There is one phantom entity in the SafeRoadsYes! late contribution reports which is worth investigating. An organization called ‘Powering the Economy’ gave $ 75,000 on 22 April. The problem here? ‘Powering the Economy’ doesn’t exist in either the Michigan LARA corporate database or the Secretary of State’s searchable PAC database. So who are they?

Best guess, the merry screw ups at the Detroit Regional Chamber have created a new ballot question PAC to replace their recently terminated – and heavily cited – ‘Detroit Regional Chamber PAC II‘ ballot question PAC. DRC PAC II earned eighteen citations from the SoS since 2013 for filing screw ups. DRC PAC II filed a dissolution notice on 02 April and paid the $ 875.00 dissolution fee on 07 April. ‘Powering the Economy’ has the same address as the Detroit Regional Chamber, One Woodward Avenue in Detroit – which used to be known as the MichCon or ANR Building before Dan Gilbert bought it. And DRC has trademarked ‘Powering the Economy’ as one of their signature catch phrases.

Somebody is ignoring Michigan’s campaign finance laws. Not just ignoring them, trampling them. But this has been a routine practice during the Proposal 1 proponents’ campaign. Our Attorney General is supposed to enforce these laws, but he hasn’t been exactly active on this front despite Schuette ostensibly opposing Proposal 1. So all we can do at this late date is tell you about another scam behind Proposal 1 and let you spike this dragon at the ballot box. Sweet revenge is $ 9 million of your opponents’ money down the drain. Vote May 5th.

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MDOT: What’s Another $4,400,000.00? It’s not Like it’s Your Money

This is what arrogance and graft within bureaucracy looks like, folks.

The Michigan Department of Transportation is negotiating a lower lease rate for 23 passenger railcars now costing taxpayers $3,000 a day to sit idle. But the length of time the state could have to lease the cars before it can use them has doubled from two years to four years, according to a report sent to state lawmakers.

At the current lease rates, that means MDOT [taxpayers] would have to sink about another $4.4 million into lease charges before it is able to put the cars into service.

The Free Press on Feb. 1 broke the news of the idle railcars, which are intended for two proposed commuter services in southeast Michigan and so far have cost the state [taxpayers] about $12 million in refurbishment, consulting [more graft] and leasing costs since 2010.

MORE

A half decade. 5 years and the plan is – there is no plan? Despicable. To say that This Guy is an incompetent boob and complete charlatan is an insult to incompetent boobs and charlatans who are forced to somehow figure out ways to survive in the private sector.

Single Cent Snyder is a total disgrace as well is every single legislator still in office who voted for this offensive garbage, which would be forever entrenched into our state’s constitution. And, don’t forget about the embedded fraud to the tune of at least $70M more per year. Do also note that Joan “gets it” about EITC.

Remember when Two Penny Jenny was a bad idea? Ya, well, with Single Cent SnyderIt Only Gets Worse. A lot worse if figuring in this unresolved can of worms.

Second highest Sales Tax in the nation, and the ballot proposal DOES NOT guarantee monies go to roads or schools.

That is fact.
STOP-167

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Rep. Franz Explains the Disaster That is Proposal 1

Wait until you discover zero sales tax dollars goes to roads, and the Education Fund doesn’t mean money going to schools. Enjoy.

Think those additional costs on shipping goods to stores aren’t going to be passed along to you on top of the direct personal hit to the wallet? Better think again about that.

Thanks for voting against this convoluted, Snyder invented perpetual tax hike during the lame duck, Rep. Franz. Also, thanks for being the only Rep. to address this, and the fact there are multiple “Plan B’s” in the works.

STOP-167And, to you out there who are appalled that Lansing had the audacity to foist this abomination onto us, you better get off your asses and Vote NO on May 5, because the news outlet editorial page propagandists pushing Snyder’s agenda is already ramping up their “it’s all we got” meme as noted here and here.

Remember, requirement is 50% + 1 stinking vote is all it takes to entrench this mess into our constitution.

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