{"id":581525,"date":"2010-05-27T11:16:43","date_gmt":"2010-05-27T15:16:43","guid":{"rendered":"http:\/\/www.prisonplanet.com\/?p=44220"},"modified":"2010-05-27T11:16:43","modified_gmt":"2010-05-27T15:16:43","slug":"toll-privatization-scheme-in-michigan-hb-4961-amounts-to-a-tax-paid-directly-to-private-corporations-without-representation","status":"publish","type":"post","link":"https:\/\/mereja.media\/index\/581525","title":{"rendered":"Toll privatization scheme in Michigan HB 4961 amounts to a tax paid directly to private corporations, without representation"},"content":{"rendered":"

Via Prison Planet.com \u00bb Prison Planet<\/p>\n

QBit.cc<\/a>
\nThursday, May 27, 2010<\/p>\n

This bill has passed the house, 56-51 and is going to the Senate.<\/strong><\/p>\n

Michigan House Bill 4961<\/a> [pdf<\/a>] boils down to Taxation without Representation \u2013 <\/em>turning the State\u2019s right to levy taxes over to private international corporations, essentially ceding sovereignty over critial infrastructure.\u00a0 The corporations will be able to levy highway tolls without oversight or regulation <\/em>on US citizens, should this bill pass.
\n<\/em><\/p>\n

At an absolute minimum it allows the creation of a single high occupancy toll lane. \u00a0 After the next repaving of an entire highway, tolls can be collected on all lanes.<\/p>\n

Now that the financial elite have tanked our economy, they\u2019re trying to buy up our infrastructure and property using their international corporations that operate above the law<\/a>.<\/p>\n

Some important exerpts from the bill:<\/strong><\/p>\n

\u2026 to abolish the office of state\u00a0 highway commissioner and the commissioner\u2019s advisory board and to transfer their powers and duties\u2026<\/p>\n

TO PROVIDE FOR PUBLIC-PRIVATE\u00a0 TRANSPORTATION FACILITIES; TO AUTHORIZE PUBLIC-PRIVATE AGREEMENTS RELATING TO \u2026 TOLLING, OPERATING, OR\u00a0 MAINTAINING A PUBLIC-PRIVATE TRANSPORTATION FACILITY<\/p>\n

[allow private corporation to tax the use of public “transportation facilities” … but what constitutes a transportation facility?]<\/strong><\/p>\n

\u201cTRANSPORTATION FACILITY\u201d MEANS ANY NEW OR EXISTING\u00a0 HIGHWAY, ROAD, BRIDGE, TUNNEL, OVERPASS, RAMP, INTERCHANGE, FERRY,\u00a0 AIRPORT, VEHICLE PARKING FACILITY, VEHICLE TRANSPORTATION FACILITY,\u00a0 PORT FACILITY, LOCKS FACILITY, RAIL FACILITY, INTERMODAL OR OTHER\u00a0 PUBLIC TRANSIT FACILITY, OR ANY OTHER EQUIPMENT<\/strong>, ROLLING STOCK,\u00a0 SITE, OR FACILITY<\/strong> USED IN THE TRANSPORTATION OF PERSONS, GOODS,\u00a0 SUBSTANCES, VEHICLES, \u2026<\/p>\n

[Wait for it, wait ….]
\n<\/strong><\/p>\n

INFORMATION, OR MATTER OF ANY KIND<\/strong>\u2026<\/h2>\n

[data cables are included in “transportation facilities<\/strong>?!<\/strong>”\u00a0 This bill would allow sale and private taxation of network (internet\/data) infrastructure as a “transportation facility” based on “congestion.”\u00a0 Data cables are already leased by big cable\/telcos so what does this mean for them?]<\/strong><\/p>\n<\/p>\n

\"Toll<\/a><\/p>\n

\u2026 INCLUDING THE SALE OF REVENUE BONDS \u2026<\/p>\n

[turn the business holdings into a fiat financial market; enable fractional lending based on expected future revenue, destabilizing the business]<\/strong><\/p>\n

\u2026<\/p>\n

\u201cINSTRUMENTALITY OF GOVERNMENT\u201d MEANS A LEGAL PUBLIC\u00a0 ENTITY CREATED OR EMPOWERED TO CARRY OUT FUNCTIONS COMMONLY CARRIED\u00a0 OUT BY UNITS OF GOVERNMENT<\/p>\n

\u2026<\/p>\n

THE AGREEMENT SHALL PROVIDE THAT THE OWNERSHIP\u00a0 OF A TRANSPORTATION FACILITY WITHIN THIS STATE SHALL BE VESTED IN\u00a0 AN INSTRUMENTALITY OF GOVERNMENT AND THAT TITLE TO THE\u00a0 TRANSPORTATION FACILITY SHALL NOT BE ENCUMBERED<\/p>\n

[the corporation will have complete “unencumbered” control]<\/strong><\/p>\n

\u2026<\/p>\n

NO PROVISION OF A\u00a0 PUBLIC-PRIVATE AGREEMENT SHALL ALLOW THE PUBLIC TO BE DEPRIVED OF\u00a0 THE USE AND BENEFIT OF A TRANSPORTATION FACILITY EXCEPT AS\u00a0 NECESSARY TO IMPLEMENT TOLLS OR OTHER CHARGES<\/strong> \u2026<\/p>\n

[the corporation has the authority to deny access if you don’t pay the toll]<\/strong><\/p>\n

A TOLL MAY BE\u00a0 IMPOSED ON A HIGHWAY ONLY IF IMPOSED FOR THE USE OF NEW HIGHWAYS,\u00a0 OR THE USE OF EXPANDED HIGHWAY CAPACITY BEYOND HIGHWAY CAPACITY IN\u00a0 PLACE ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS\u00a0 SECTION.<\/p>\n

[tolls may be levied for any expansion or heavy traffic (?)]<\/strong><\/p>\n

TOLLS AND OTHER CHARGES IMPOSED FOR THE USE OF A\u00a0 TRANSPORTATION FACILITY ARE NOT SUBJECT TO REGULATION BY ANY OTHER\u00a0 GOVERNMENTAL AGENCY.<\/p>\n

[the tolling will not be regulated by the government]<\/strong><\/p>\n

NOTHING IN THIS SECTION SHALL BE CONSTRUED TO\u00a0 ALLOW THE CONVERSION OF ANY NONTOLL OR NONUSER-FEE LANES EXISTING\u00a0 ON THE EFFECTIVE DATE \u2026 WITH THE EXCEPTION OF A HIGH-OCCUPANCY VEHICLE LANE<\/strong> THAT MAY BE OPERATED AS A HIGH-OCCUPANCY\u00a0 TOLL LANE FOR VEHICLES NOT OTHERWISE MEETING THE REQUIREMENTS FOR\u00a0 USE OF THAT LANE.<\/p>\n

At a minimum, if this passes, the corporation(s) will create high occupancy toll lanes.\u00a0 Initially this allows them to just take one lane and turn it into a private toll lane.\u00a0 If we let this pass, how easy will it be to expand it to 2 \u201cmanaged lanes,\u201d or 3, or the whole highway?<\/p>\n

When the highway needs repaving, will the private company dictate who gets the contracts? And how do we select which private company gets to take control in the first place? Well, anything goes according to this:<\/p>\n

ANY COMPETITIVE SELECTION PROCESS THAT THE DEPARTMENT\u00a0 DETERMINES TO BE APPROPRIATE OR REASONABLE \u2026\u00a0 USING A COMPETITIVE\u00a0 SELECTION PROCESS WHEN TO THE EXTENT PRACTICABLE<\/p>\n

\u2026.<\/p>\n

INFORMATION SUBMITTED UNDER SUCH A\u00a0 PROMISE OF CONFIDENTIALITY SHALL NOT BE SUBJECT TO DISCLOSURE UNDER\u00a0 THE FREEDOM OF INFORMATION ACT<\/strong><\/p>\n

[The bidding process will be competative to the extent that the government determines is “reasonable,” but you’ll never know because whatever we say is “private negotiations” will be exempt from FOIA requests]<\/strong><\/p>\n

A newer version of the bill (pdf) <\/a>has been released that is substantially the same but provides for \u201cpublic hearings\u201d to receive user input; amounting to no real oversight or accountability.<\/p>\n

THE COMMISSION SHALL CONDUCT A PUBLIC HEARING AT LEAST ONCE EVERY 5 YEARS TO RECEIVE PUBLIC COMMENT AND INPUT <\/strong>WITH REGARD TO THEN EXISTING PUBLIC TRANSPORTATION FACILITIES \u2026.<\/p>\n

After the next repaving, all highway lanes can be turned into toll lanes.\u00a0\u00a0 Signing this bill will inevitably turn our Michigan highways into private revenue streams for multinational corporations, not to mention ports, rail, and network infrastructure.\u00a0 This is infrastructure we\u2019ve already paid to build, and need to maintain ourselves in order to sustain the local economy by hiring local workers and companies.<\/p>\n

People from Michigan, it is absolutely critical that we reject this bill.\u00a0 We can not let them hand our infrastructure over to international corporations as many other states have.\u00a0 In the long run Michigan will lose on this deal in a big way.<\/p>\n

They mean business and will do whatever is necessary including paying off our elected officials.\u00a0 Call your representatives and let them know we\u2019re watching!<\/p>\n

– \u2013 – \u2013 – \u2013 – \u2013 – \u2013 – \u2013 –<\/p>\n

From MI Rep Paul Opsommer:<\/p>\n

OUT-OF-STATE MEDDLING WORSENS HB 4961<\/strong><\/a><\/p>\n

May\u00a024,\u00a02010<\/p>\n

State Rep. Paul Opsommer today criticized Canadian and Ohio officials for pushing legislation that would allow the Michigan Department of Transportation to toll virtually anywhere in Michigan.<\/p>\n

\u201cAt the end of the day, whose law is this anyway?\u201d asked Opsommer, R-Dewitt. \u201cCanada\u2019s understandable need to be part of border discussions is now being eclipsed by their off-base efforts to support the Ontario pension fund, and now we have resolutions being introduced involving the Ohio Legislature as well. If we pass laws in Michigan that give MDOT unilateral tolling power in our state it should be because that is what the Michigan Legislature feels is right, not because of pressure from other states or countries.\u201d<\/p>\n

Opsommer made his comments in response to a recent news story that officials in Ohio are advocating for their resolution SR 223 in support of the Detroit River International Crossing. The bill in Michigan that would allow for that, HB 4961, would also give new power to MDOT at the expense of the Legislature. HB 4961 is also criticized for allowing \u201cinstrumentalities of government\u201d from other countries and states to enter into contracts that could potentially determine the tolling rates and eminent domain decisions taking place in Michigan.<\/p>\n

\u201cIt has been a conscious decision by MDOT to wrap the DRIC bridge up into broad public-private partnership legislation that would not only allow for the DRIC but would cause the Legislature to give up its authority to statutorily authorize tolling anywhere else in the state,\u201d Opsommer said. \u201cI don\u2019t know if this is because the governor wants to use the bill as leverage to keep Canada happy with the DRIC, or if she simply wants to have the unilateral ability to impose tolls on taxpayers with no other checks and balances, but either way it\u2019s wrong.\u201d<\/p>\n

The Ambassador Bridge, Blue-Water Bridge and all other tolled facilities in Michigan received their tolling authority through stand alone bills authorized by the Legislature. Opsommer cited a recent letter from the attorney general\u2019s office that concurs that MDOT currently only has the ability to toll where the Legislature has given its formal approval.<\/p>\n

\u201cWhether tolling is done directly by MDOT or a private contractor, you want someone who has been elected by the people determining where to use that tool,\u201d Opsommer said. \u201cIn cases where it is being done by a private contractor who is using toll rates not just to break even but also to create profits, I would think you would want to keep voter accountability even more. If toll rates go unfairly through the roof, who are taxpayers supposed to turn too? The Legislature will be powerless at that point; it would actually be players from outside of the state who would have the final word.\u201d<\/p>\n

Opsommer also pointed to international pressure from Canada as having an unfair influence on the process.<\/p>\n

\u201cIf it wasn\u2019t for the fact that the main potential investor in all of this, the Ontario pension fund OMERS, was recently granted expanded powers by the Canadian government to provide investment management services I am not sure we would even be here,\u201d Opsommer said. \u201cWe shouldn\u2019t be making decisions on tolling Michigan taxpayers based off of the financial needs and a quest for high returns by a Canadian pension fund. The DRIC and HB 4961 should be treated as two entirely separate issues.\u201d<\/p>\n

The National Motorists Association has endorsed a substitute version of HB 4961 that would ensure the Michigan Legislature still retained its tolling authority over MDOT and other instrumentalities of government from outside of the state.<\/p>\n

\u201cIt is essential to not pass any version which does not provide for specific legislative approval for any public-private partnership that will involve direct tolling for the users,\u201d said Jim Walker of the National Motorist\u2019s Association. \u201cShould the H-6 unfortunately pass in the House, I hope the Senate will have the courage to fix this issue.\u201d<\/p>\n

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