Subject:
Authority not granted to raise taxes/fees to fix roads!
Date:
November 5, 2015 at 10:50:17 AM EST
To anyone who has the tiniest grasp of the English language
and the concept of self-rule…
This was sent to all State Senators who actually had the
nerve…
A similar notice was sent to all State Reps prior to their
actually voting to increase a tax on gasoline and vehicle registration fees…can
you believe that?
Dear
State Senator,
To
increase the gas tax AFTER
VOTER DISAPPROVAL, is a blatant disregard of lawmakers’ oath to uphold
the constitution.
The
Headlee Amendment was passed by the people of Michigan to ensure that there
would be no tax increases without their approval.
Where in Article IX of the Michigan State
Constitution does it say that the State Legislature can pass a tax increase without voter approval or with an over 80%
voter disapproval (Prop. 1) or by a 2/3rds vote of the
Lawmakers?
Guess
what? It doesn’t!
Any Bill to increase taxes without
voter approval has
no force of law!
It’s in direct contravention of our
State Constitution!
Can you read? Can you comprehend?
↓↓↓↓↓↓↓↓↓↓↓↓↓↓
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Text of Section 25:
Voter Approval of Increased Local Taxes; Prohibitions; Emergency
Conditions; Repayment of Bonded Indebtedness Guaranteed; Implementation of
Section
Property
taxes and other local taxes and state taxation and spending may not be increasedabove
the limitations specified herein without
direct voter approval. The state is prohibited from
requiring any new or expanded activities by local governments without full
state financing, from reducing the proportion of state spending in the form
of aid to local governments, or from shifting the tax burden to local
government. A provision for emergency conditions is established and the repayment
of voter approved bonded
indebtedness is guaranteed. Implementation of this section is
specified in Sections 26 through 34, inclusive, of this Article.[1]
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For
clarification as to where the funds will come from, and the law prohibiting
excess surplus, see below for verification:
Re:
Section 26 below…
There
is currently well over $20 Billion above the tax limitation, all but 1% of
which belongs in the taxpayers’ bank accounts.
Actually
far more if one considers the sixty thousand million dollar ($60 Billion
+) astronomical State pension fund.
For
government to amass this amount of taxpayers’ money is unconstitutional and
beyond plunder!
Article IX:
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Text of Section 26:
Limitation on Taxes; Revenue
Limit; Refunding or Transferring Excess Revenues; Exceptions to Revenue
Limitation; Adjustment of State Revenue and Spending Limits
There is
hereby established a limit on the total amount of taxes which may be imposed
by the legislature in any fiscal year on the taxpayers of this state. This
limit shall not be changed without approval of the majority of the qualified
electors voting thereon, as provided for in Article 12 of the Constitution.
Effective with fiscal year 1979-1980, and for each fiscal year thereafter,
the legislature shall not impose taxes of any kind which, together with all
other revenues of the state, federal aid excluded, exceed the revenue limit
established in this section. The revenue
limit shall be equal to
the product of the ratio of Total
State Revenues in
fiscal year 1978-79 divided by the Personal Income of Michigan in calendar year
1977 multiplied by the Personal Income of Michigan in either the prior
calendar year or the average of Personal Income of Michigan in the previous
three calendar years, whichever is greater. For
any fiscal year in the
event that Total
State Revenues exceed the revenue limit established in this section by 1% or
more, the excess revenues shall be refunded pro rata based on the liability
reported on the Michigan income tax and single business tax (or its successor
tax or taxes) annual returns filed following the close of such fiscal year.
If the excess is less than 1%, this excess may be transferred to the State Budget Stabilization Fund. The revenue limitation
established in this section shall not apply to taxes imposed for the payment
of principal and interest on bonds, approved by the voters and authorized
under Section 15 of this Article, and loans to school districts authorized
under Section 16 of this Article. If responsibility for funding a program or
programs is transferred from one level of government to another, as a
consequence of constitutional amendment, the state revenue and spending
limits may be adjusted to accommodate such change, provided that the total
revenue authorized for collection by both state and local governments does
not exceed that amount which would have been authorized without such change.[1]
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And
so where is the money going to come from to fix the roads???????
The State is allowed to retain no more than 1% surplus above
its spending in any given fiscal year….
On Page 23 of the 2014 CAFR find Governmental Funds:
Read as follows:
Most of the State's basic services
are reported in the governmental funds, which focus on how money
flows into and out of those funds
and the balances left at year-end that are available for
future spending. The governmental fund
financial statements provide a
detailed short term view of the State's general government operations and the
basic services it
provides. Governmental fund
information helps determine whether there are more or fewer financial resources
that can be spent
in the near future to
finance the State's programs. These funds are reported using
modified accrual accounting, which measures
cash
and all other financial assets that can readily be converted to cash. Governmental funds include the General Fund and
special revenue, capital project,
debt service, and permanent funds.
Governmental Fund balance is $5.77
Billion
Budget Stabilization Fund is $497
Million
Total cash available for spending: Governmental + Budget Stabilization = $6.227
Billion
All that’s necessary to fix the problem and the roads is for
government to obey the CONSTITUTION!
And
beyond the above cash that’s readily available to fix the roads…take a good
look at this:
3. Bring benefits paid to state
workers in line with the private sector:
$5.7 Billion
4. Drop any thoughts of Michigan
taxpayers footing any portion of the totally unnecessary
5. Use the “unrestricted” surplus in
the CAFR/Governmental/Rainy Day/Budget Stabilization Fund:
6. There are
$ billions in
the Catastrophic Claims Fund that are being used for nothing!
7. Use the money from the nearly $2 billion increase in state revenue that’s expected from
FY 2015-2017. See
attachment
Click on the links & see
attachment to verify!
To
tax the people AFTER the people have said NO…
Is
telling the taxpayers that the tax-takers have assumed the role of tyrants with
total disregard for the will of the people!
You
all should hang your heads in shame for even considering such unethical
behavior.
Courtesy
of David Lonier
2014
Nominee, State House, 29th District
1842
Commonwealth
Auburn
Hills, Michigan 48326
248-373-9111
