Posts Tagged ‘Appropriations’

Michigan Proposals 1 and 2 for 2014: An Analysis of the Wolf Hunting Refrenda

October 30, 2014

To fully understand Prosposal 14-1 and Proposal 14-2 that will be on the ballot here in Michigan one must go back to 2012 to understand the big picture.  In 2012, the Michigan Legislature passed Senate Bill 1350, which Governor Snyder signed, making it Public Act 520 of 2012.  The act added wolves to the definition of “game” animals; declared that wolf hunting was necessary to manage the growing population of wolves in order to protect humans, livestock, and pets; authorized a hunting season for wolves; established a licensing scheme; and established the Wolf Management Advisory Council.  Some citizens were opposed to the idea of wolf hunting, so they formed Keep Michigan Wolves Protected and filed a petition, with sufficient signatures, to have a referendum on Public Act 520.  Thus, it is this law that is on the ballot as Proposal 14-1.

(At this point, it is helpful to lay out the difference between an initiative, a referendum, and a proposal: An initiative is a citizen-initiated piece of legislation that goes before the Legislature if enough signatures are gathered; if the Legislature passes it, the legislation becomes law; if the Legislature does not pass it, it goes before the people for a vote.  A referendum is a citizen-initiated protest to a law passed by the Legislature and signed by the Governor; those who want the law to stay vote “Yes”, while those opposed to the law vote “No”.  Once a referendum is certified, the law in question is suspended, pending the outcome of the election.  Thus, in an initiative, those filing the petition would vote “Yes”, while in a referendum, those filing the petition would vote “No”.  A proposal is anything that goes before the people for a vote, including referenda, initiatives, constitutional amendments, etc.)

I have no issue with voting “Yes” on Proposal 1, and unless you are opposed to the hunting of wolves, you likely will not either.  But Proposal 2 is where it gets a bit trickier.  After Keep Michigan Wolves Protected got Public Act 520 on the ballot as a referendum, the Legislature decided to pass another law, in case the referendum was successful; thus, Senate Bill 288 was passed, and Governor Snyder signed it, making it Public Act 21 of 2013.  The act continued the designation of the wolf as a “game” animal (since the bill was passed before the Public Act 520 referendum was certified, Public Act 520 had not yet been suspended, but if Proposal 1 were to pass, then the wolf would no longer be designated as a game animal); granted the Natural Resources Commission (NRC) the power to designate animals as game animals, with some restrictions (however, it also stipulated that only the Legislature has the power to remove animals from the list of game animals); granted the NRC the ability to establish the first open season for any animal that it adds to the list of game animals; granted the eliminated the fee for hunting licenses for military personnel; and granted the NRC sole authority to regulate fishing.  Again, Keep Michigan Wolves Protected filed a petition, with sufficient signatures, to have a referendum on Public Act 21, so it is now on the ballot as Proposal 14-2.

Personally, I am not a fan of Public Act 21; I do not like the added authority that the Legislature gave to the NRC, and I do not feel that it is wise to allow the agency to have the power to designate animals as game animals and establish a hunting season for such animals without any legislative input.  I also question the wisdom of granting the NRC exclusive authority to regulate fishing.  If the story had ended here, I likely would’ve voted Yes on Proposal 1 and No on Proposal 2, but what happened next made the whole situation much more interesting.

A group of citizens in favor of hunting wolves, under the name Citizens for Professional Wildlife Management, successfully filed an initiative petition.  The proposal continued the designation of the wolf as a game animal; continued the grant to the NRC to designate animals as game animals and establish a first open season; continued the stipulation that the Legislature has the sole power to remove animals from the list of game animals; and appropriated $1,000,000 to the Department of Natural Resources to fight the invasion of Asian Carp.  The proposal also had a section that stipulated that if language from Public Act 520 or 21 was removed due to failure of either referenda, that language was reinstated by the initiative.  The Legislature adopted the initiative, meaning that it became law (Public Act 281 of 2014) without having to be signed by Governor Snyder.  So what makes the initiative so special?

The appropriation of money to the DNR means that, pursuant to Article 2, § 9 of the Michigan Constitution, the law cannot be subjected to a referendum petition.  (This specific issue was addressed in Michigan United Conservation Clubs v. Secretary of State, 464 Mich. 359 (2001), where the Michigan Supreme Court interpreted that any appropriation is an “appropriation” under this provision of the Constitution, which I agree with, even though the result is that the Legislature can make a law referendum-proof.)  In drafting the initiative, the drafters knew that adding the appropriation would make it referendum-proof, and in approving the initiative, the legislators knew that even though they had previously passed two bills to allow wolf hunting with pushback from voters, by passing this initiative, they would be making the act referendum-proof.  The inclusion of the appropriation was not simply a coincidence; the drafters, and the Legislature, knew what they were doing.  They knew that this was a hot-button issue that some (perhaps even many) voters opposed, yet they went forward and passed it in a way that would not allow a referendum on the issue.

I have no problem with the Legislature passing Public Act 21 after the petition for Public Act 520 was filed; if it wants to do so, that’s fine with me.  But what I do have a problem with is the Legislature passing an initiative with an appropriation provision in it solely to make that law referendum-proof.  To do so is disingenuous and out-of-line with the intent of the appropriations process.

So that gets us to where we are today: Proposal 1 and 2 are on the ballot, but even if the No voters win on both proposals, the result is still ultimately the same as if Yes were to win.  (It should be noted that a court could potentially overturn the initiative, but I see no legal grounds for that to happen, and I think the chances of that happening are next to none.  The voters could also push for a new initiative that would undo the last initiative, but that seems unlikely to be successful.)  But voting No on the proposals can still send a message.  Those opposed to wolf hunting overall should vote No on both, but those who respect the referendum process, regardless of their feelings on wolf hunting, should vote No on Proposal 2.

There has been a lot of confusion and dishonesty surrounding the proposals.  Contrary to what some Yes supporters say, these proposals have nothing to do with allowing hunters or citizens to kill nuisance wolves; nuisance wolves can already be killed under existing law.  Farmers can still kill wolves that threten their livestock (although allowing them to be hunted would decrease the wolf population and chance that their livestock would be threatened overall).  Those who say otherwise are not being honest.

So why do the proposals even matter?  Again, it is about making a statement that the Legislature should not abuse its appropriation power to remove the power of a referendum from the people.  Regardless of your feelings on wolf hunting, all Michiganders should support the ability of those opposed to wolf hunting to hold a referendum on legislation that allows for wolf hunting; furthermore, voting No on Proposal 2, because of the passage of Public Act 281, will not have any adverse effect on the existence of wolf hunting in Michigan.  For those reasons, I urge a No vote on at least Proposal 2.

For more information about voting in Tuesday’s election, please see below.

Done Ranting,

Ranting Republican

House of Representatives Passes $819 Billion Economic Stimulus Package

January 29, 2009

On Wednesday, the House of Representatives passed the American Recovery and Reinvestment Act of 2009, H.R. 1, Congress’s latest economic stimulus package.  That bill passed 244-188; 11 Democrats broke ranks, while all of the voting Republicans voted against it.  First, I would like to commend the 11 Democrats who voted against the $819 billion “stimulus” bill.  This bill is an atrocity to the Congressional system of appropriations.  Instead of focusing on true STIMULUS (after all, it is an “economic STIMULUS package”), the Democrats in the House packed the bill with billions of dollars of un-stimulating spending.  For those of  you who want to read the sources, here’s the version of the bill as it was introduced (it has been slightly changed, but not too much), here’s the summary from the House Appropriations Committee, and here’s the cost estimate from the Congressional Budget Office.  And here’s the link to the roll call vote, Roll number 46.

Let’s take a look at the  following, keeping in mind that this is just a fraction of the spending packed in the 647-page bill (which I unfortunately didn’t have the time to quite get through, although I skimmed most of it): $650,000,000 for digital TV converters, $400,000,000 for habitat restoration, $250,000,000 for NASA climate research, $600,000,000 for the government to lease plug-in and alternative-fuel vehicles, $500,000,000 for airport security, $150,000,000 for bridge removal by the Coast Guard, $1,700,000,000 for National Parks Service maintenance, $200,000,000 to clean up leaking underground sewage storage tanks, $850,000,000 for wildland fire management, $150,000,000 for maintenance at the Smithsonian Institution, and $50,000,000 for the National Cemetery Administration to make cemetery repairs.  And this is all after some apportionments were taken out.  The Republicans urged Democrats to take out some of the unnecessary spending, such as making funds available for “family planning” and contraceptives, as well as $200,000,000 to revitalize and re-sod the National Mall, but I think those were the only 2 spending things that were cut out of the bill.  Either way, the point is – there’s a heck of a lot of spending.

Now, I am not saying that the expenditures in this bill are unimportant.  Clearly bridge removal, airport security, wildland fire management, etc. are very important; however, Congress has an apportionment process for a reason.  This bill takes the traditional apportionment process and throws it out the window, and that is absolutely unacceptable!  The Democrats essentially drafted this bill telling THEIR caucus members, “If you want money apportioned for something, stick it in this ‘stimulus package’ and we’ll get it passed no questions asked,” and that’s exactly what happened.  Keep in mind, a normal apportionment bill is debated for days, but here the House Democrats crammed what would have been hundreds of apportionment bills into one bill and debated it on the floor for ONLY THREE DAYS.  That’s right folks – this was introduced on January 26, and it was passed on January 28.  That is both unacceptable and just plain DANGEROUS.  Half of the Representatives don’t even know what all is in the bill!

If Congress wants to spend money, that is perfectly fine, but they need to do it through the proper channels of apportionment, not by hijacking the taxpayers’ wallets under the guise of an “economic stimulus package.”

So where were the Republicans in all of this?  I’ll tell you.  They were left out until the very end.  Not ONE Republican had any real input while this bill was drafted.  Sure, Obama met with Republicans and “took their input,” but no Republican ever put a pen anywhere near this bill as it was being written.  The only input they had was on the floor of the House during debate and when they were proposing amendments.  And how many Republican amendments were passed?  Only two, neither of which spared us from the utter fiscal disaster that this bill is.

I was watching C-SPAN on-line late last night (waiting for the House to upload the Congressional record so I could look stuff up and write a story on this for my newspaper column) and quite a few Republicans took a strong stand against the bill.  In particular, the Representative from the Central Michigan Area, Dave Camp (R-MI4) submitted an amendment that would have changed the stimulus package to a pure tax-cut instead of this ridiculous spending spree / tax-cut combo, but that substitute bill (labelled as an amendment) failed along party lines, with 2 Democrats crossing over.

Personally, I don’t think that a spending spree is what we need right now, but even if the Democrats insist on increasing spending, they need to do it through the proper means of apportionment instead of shoving it into one big bill.  That way, maybe at least some of the frivolous spending will fail, but the way it’s going right now, the Democrats are on board with this “all or nothing” crap.  I really don’t see how the Democrats think that all this spending is going to stimulate the economy, especially since some of this stuff is just so focused, like repairing graves at national cemeteries.  Sure, it’s probably a good expenditure, but it’s not economic stimulus.

Hopefully the Senate votes against their version of this bill, but somehow I don’t see that happening.  If they could at least cut out some of the spending though, it’d make me a little happier.

We’re gonna be in for a rough period if Congress keeps this kind of stuff up.

Done Ranting,

Ranting Republican
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