The Ati-thesis , Marxism


"By that definition, a state capitalist country is one where the government controls the economy and essentially acts like a single huge corporation, extracting the surplus value from the workforce in order to invest it in further production.[3] Friedrich Engels, in Socialism: Utopian and Scientific, argues that state capitalism would be the final stage of capitalism consisting of ownership and management of large-scale production and communication by the bourgeois state.[4]"

Quoted from Wikepedia

Friday, August 29, 2014

Both Political Parties in Maine Choose Global Capitalism Economics Over Environment !

I created this statutory timeline- which includes targeted research of the 2013 Maine Legislative session to try to develop cash flow from my unpaid research efforts on this blog, as far as that intention goes, the statutory Time Line is a resounding failure.



The Upside is that I am now more informed that I would have been if I had not created the timeline- it's very useful in political debates because I know exactly where to go to get the facts in support of my own argument- which is this timeline- which you can receive by sending a contribution ( suggested $10.00 but whatever you can afford- more or less) to mackenzie@andersenstudio.com via PayPal.

That said when I saw this article in the Portland Press Herald- I just took it to be nothing more that partisan politics because I know that both sides put the interests of business above the interests of the environment and the general public:
(The Partisan Political Group) Maine League of Conservation Voters spends $400k for contrast ad

So I don't have much time these days to write for this blog, but the timeline comes in handy for that too. In response to the partisan politics by the Maine League of Conservation, I am posting this from my timeline, which shows that the business interests of Maine State Inc trump all in this state with both parties and independents.

My timeline shows an even distribution of all parties including Independents since 1979 and to present where in every administration has advanced the construction of a corporate state working in the interests of global capitalism- because that's where the big bucks are! I can be so blunt because I am so completely independent in publishing this blog!

That said I think Steve Mistler has shown integrity in reporting this as a partisan politics endorsement- which it is- and I am not endorsing anyone but I hate it when I see the environment used as a tool of partisan politics.


The Following Is An Exerpt From A maine Citizen's Journey Through The Statutes of Transformation 

Emulating Comrade China’s Road Map to Success

Beginning with this statement:


WHEREAS,  the United States and the Republic of China, known as Taiwan, share a most important relationship supported by our common values of freedom, democracy, rule of law and commitment to a free market economy; and…….


Commentary: It goes on to list the economic reasons-and to establish that,  China is on board with “climate change” (actually “pollution”- which is not the same as climate change) -China,having  risen to the top of global economic status by offering companies cost-savings in the form of minimalistic environmental and health considerations, is now changing its tune:

Combating pollution has shot up the agenda of the ruling Communist Party, which for years pushed for rapid economic development with little concern about the environmental impact. Under public pressure to reduce the air pollution that blankets Beijing and cities across China, the country’s leaders are rebalancing their priorities. China Declares War on Pollution-NY POST

Meanwhile  China is making hegemonic moves on the Pacific Rim. Hegemony is a common value that Maine State Inc shares with The People's Republic of China.


Assistant secretary of state for East Asia, in February labeled China’s claim to almost all of the South China Sea, hundreds of miles from its shoreline, as “inconsistent with international law.Danny Russel
Admiral Harry Harris, commander of the U.S. Pacific Fleet, told an Australian audience on April 9: “I am concerned by the aggressive growth of the Chinese military, their lack of transparency, and a pattern of increasingly assertive behavior in the region.” Bloomberg News Apr 22, 2014
2013, May An Act To Implement the Recommendations of the Right To Know Advisory Committee Concerning Public Access to Records Relating to Public-private Partnerships
Sponsored by : Senator Millett
Co-Sponsored by: Senator Langley, and Representatives Daughtry, MacDonald, Malaby, Nelson, Parry, Pouliot, and Sirocki


SUMMARY
This bill implements the majority recommendation of the Right To Know Advisory Committee.
Current law requires that the Department of Transportation submit to the Legislature a bill that authorizes the agreement that implements a public-private partnership for the development of a transportation facility. This bill requires the department to publish public notice on the department's publicly accessible website or in newspapers when it has determined that a public-private proposal and agreement meets the standards of the Maine Revised Statutes, Title 23, chapter 410, subchapter 5 and to wait at least 30 days after the public notice has been published to submit the bill.

This regards a conflict of interest between the communities right to know and freedom of access to
information concerning toxic and hazardous substances vs business advantages to the Department of Transportation and public-private relationships in attracting large corporations to the state by keeping the confidentiality provision on as it is - protected as a trade secret pursuant
to 1985  Part 3: 487, §11 Chapter 271: HEALTH PROGRAMS:Subchapter 2: COMMUNITY HEALTH INVESTIGATION AND INFORMATION§1696-F. Provision of information; trade secrets (1989 ) ( See David Hastings Testimony)
Testimonies:
Maine ACLU


Right to Know Committee/7th Annual Right To Know Report








The Legislature determines that it is in the public interest for the State to examine its emergency response mechanisms and procedures for accidents involving hazardous materials, to establish a comprehensive program for the disclosure of information about hazardous substances in the community and to provide a procedure whereby residents of this State may gain access to this information.[1985, c. 494, §2 (NEW).]






There is a need to establish is a new basis for a creative partnership of the private and public sectors for economic development, a partnership which can capitalize on the interests, resources and efforts of each sector, but which does not compromise the public interest or the profit motive. The state's solitary burden to provide for development should lessen through involving the private sector in a leadership role. [1977, ( emphasis mine)

Ought Not to Pass Pursuant To Joint Rule 310, May 23, 2013



Current Status of Section on Confidentiality:

10-A. Confidential information.   Information submitted to the department relating to a public-private partnership proposal under this subchapter is confidential and not a public record under Title 1, chapter 13, subchapter 1 if the private entity submitting the information designates the information as being only for the confidential use of the department and if:
A. The information is a trade secret as defined in Title 10, section 1542, subsection 4; or [2013, c. 208, §3 (NEW).]
B. Disclosure of the information would result in a business or competitive disadvantage, loss of business, invasion of privacy or other significant detriment to the private entity to whom the record belongs or pertains. [2013, c. 208, §3 (NEW).]
If legal action is filed to gain access to the information designated as confidential under this subsection, the private entity must defend its designation and the department shall release the information in accordance with the order of the reviewing court. Failure to defend the designation under this subsection constitutes a waiver of confidentiality by the private entity and the department shall release the information.
[ 2013, c. 208, §3 (NEW) .]






McDonnell said banned topics and questions of academic freedom were never an issue in USM's negotiations with Hanban, and the university made no agreements about topics that could not be discussed."Our (program) is really designed with our school of education to teach Chinese language, so we're not confronted with those issues," he said.Hanban, which provides the instructors and materials, also gave USM $150,000 in startup funds, and will provide about $100,000 a year to administer the institute, depending on the level of programming it offers, McDonnell said There is no cost to USM, which has struggled with deep budget cuts in recent years that have led to the elimination of some programs and instructors. Maine leaders laud wisdom of Confucius Institute PPH



Pursuant to 1995  Part 1: GENERAL PROVISIONS Chapter 1: GENERAL PROVISIONS S10. Education Research Institute. The Joint Steering Committee has jurisdiction over educational matters.I can’t locate a steering committee, which is said to be a sub-committee of the standing committee.  Here is a list of members of the Joint Standing Committee for Education 126th Legislature 2013
Education and Cultural Affairs
Senate: Rebecca J. Millett, Chair (D-Cumberland)
Christopher K. Johnson (D-Lincoln)
Brian D. Langley (R-Hancock)
House: W. Bruce MacDonald, Chair (D-Boothbay)
Mary Pennell Nelson (D-Falmouth)
Helen Rankin (D-Hiram)
Matthea Elisabeth Larsen Daughtry (D-Brunswick)
Brian L. Hubbell (D-Bar Harbor)
Victoria P. Kornfield (D-Bangor)
Peter B. Johnson (R-Greenville)*
Joyce A. Maker (R-Calais)
Michael D. McClellan (R-Raymond)
Matthew G. Pouliot (R-Augusta)
Madonna M. Soctomah (Passamaquoddy Tribe)



Here is a description of the Education and Cultural Affairs Committee’s authority- interesting to note that it includes jurisdiction of Maine Public Broadcasting - How Banana Republic !

Education and Cultural Affairs.  Department of Education; State Board of Education; school finance, governance and administration; school budgets; school facilities; curriculum, instruction and assessment; teachers and administrators; special education and child development services; education of deaf and hard-of-hearing students; career and technical education; alternative education, school choice and home schooling; truancy and dropouts; educational services at juvenile correctional facilities; adult education; Maine Education Policy Research Institute; University of Maine System; Maine Community College System; Maine Maritime Academy; post secondary education finance and governance; student assistance programs at Finance Authority of Maine; and cultural affairs, including Maine Arts Commission, Maine State Library, Maine State Museum and Maine Public Broadcasting Corporation.




UPDATE JUNE 2014
LePage, Loring officials heading to China for talks with company US
penalized in 2003 for arms deal with Iran
Norinco, a conglomerate that manufactures products, including military weapons
systems and firearms, was sanctioned in 2003 by the U.S. government for allegedly
providing ballistic missile systems to Iran. In the 1990s, it was sanctioned and
prohibited from selling its firearms in the United States after being implicated in a sting
operation conducted by the Bureau of Alcohol, Tobacco and Firearms. That ban expired
in 2007.
In May, the organization Human Rights Watch reported the company’s name was found
on canisters of chlorine gas allegedly used in a chemical attack in Syria, which the

company denied, according to Bloomberg. Bangor Daily News

Wednesday, August 27, 2014

Comparing Maine & New Hampshire



New Hampshire features a state by state comparison on its website. This is the comparison to Maine.

Interesting to note that despite New Hampshire NOT taxing personal income, NOT having a sales tax, and NOT having an estate tax, it's top corporate income tax is still lower than Maine's .

Top Corporate Income Tax

New Hampshire 8.5%

Maine 8.93%
An explanation for this may be Maine's two-tier income tax whereby Maine offers corporations providing jobs of an income level above the median household income, tax exemptions and cash payouts - but taxes businesses offering jobs that pay the medium household income or below under general laws.
I would argue that such a practice is unconstitutional by Article IV Part Third Section 14 of the Maine Constitution which stipulates that "All corporations, however formed, are subject to general laws"
I suspect that all of the state by state comparisons that one finds are based on Maine's general laws and not on the special interest laws developed specifically by Maine State Inc for it's targeted sector.
Since the wealthiest and largest corporations in the state are granted tax exempt status by the CEO's of Maine State Inc as they wheel and deal in the market place in the way that all corporations wheel and deal in the market place, that means that the general taxes charged to the bottom half of the economic landscape must be charged at a higher rate. ( I think that's called the rich get richer and the poor get poorer economic strategy)
This is the problem when the legislature starts considering itself to be above the constitution, and the state then begins to function as a corporation wheeling and dealing in a free enterprise marketplace. It's one thing for a corporation to make bargains with it's own assets but in the case of the corporate state, it is wheeling and dealing with the assets of the general public, with the lives of the people whose interests our elected representatives are supposed to serve. However the CEO's of the corporate state are not our elected representatives - they are tzars- unelected officials appointed by the state, and they are the one's bargaining with the taxpayers money, although at some point they have to get approval from the government side of the "public-private relationship"


2014 Legislative Session



7.  Qualified employee.   "Qualified employee" means a person:

A.  Who is a full-time employee of a certified or qualified applicant;

B.  Whose income from employment under paragraph A is taxable under chapter 803;

C.  For whom a retirement program is provided subject to the federal Employee Retirement Income Security Act of 1974, 29 United States Code, Sections 101 to 1461, as amended;

D.  For whom health insurance is available; and

E.  Whose income calculated on a calendar year basis is greater than the per capita annual income in the State as determined by the United States Department of Commerce.

When a state is transformed into a corporation, the corporate no longer serves the people. Instead the people become the instrumentalities of the state. We see that in the trade off clearly delineated in LePage's failed jobs bill. The section on "qualified workers" is in the bill because the workers are the corporate bargaining chips. In exchange for the owners tax-free status and other involuntary gifts from Maine taxpayers, corporations must deliver 1500 qualified workers to the state. That's the deal.( fortunately the upgrade to 1500 workers didn't pass but's its the deal for up to 250 workers)
And as we see in the escalation of business size sought by the Lepage administration, the purpose of the corporate state is to create a corporate culture in Maine.
There is nothing wrong with a corporate culture having a place in Maine but there is something very wrong with the means being used to achieve that end.
This couldn't be happening in Maine if our legislature abided by our constitution. However in the years that I have been researching the economic development statutes of Maine, I have frequently come across it being said in very high places that no one reads the Maine constitution and so the legislature and the administration feels free to regard themselves as above the rule of law as written in the Maine Constitution.
Recently there a small group of people, calling them selves the Constitutional Coalition set out to change that. It didn't take too long for yellow journalists to drum up a slander campaign claiming the Constitutional Coalition to be domestic terrorists, which was used by Bangor Daily News columnist, Mike Tipping as a promotional campaign for his crowd-funder. I heard he did very well with it.
The time to question our legislature on a constitutional basis is now- during election season but don't count on the Maine media to support that- although I have to give credit to the Bangor Daily News for publishing the Constitutional Coalition's side of the story- which greatly upset Mr Tipping!
As the election season becomes more and more heated even the social media becomes more and more restricted to the specially selected political talking points. Sites with general names turn out to be campaign centers for political candidates and administrators become very upset when posters to not stick to the designated talking points- which does not include the constitution.







Monday, August 25, 2014

Middle Class Data Missing In Action In the Advanced Age of Data Management

My father often told me that in the 1950's , the distribution of wealth in the United States took the form of a bell curve with the greatest amount of wealth distributed amoungst the greatest number of people.

I grew up with the bell curve image embedded into my mind . It is the image of an algorithm, a form of economic visualization which seems to have all but disappeared from the methods of reporting income distribution- replaced by graphs showing two lines- one for the top and the other for the bottom. The median household income displays statistics in two separate parts- Those making above the median and those making below the median and does not address the distribution of wealth within the two halves.The mean gives us the averaged income of a specific group- but none of that tells us how the wealth is distributed- is there a gradual curve of distribution? a series of steps? or a huge gulf between levels ?

And then there is the GINI- measuring "income equality" which is a communist value of measurement -versus- measuring the size and growth or decline of the middle class indicating the health of a free enterprise system, with the middle class representing the back bone of a free enterprise system.

Where, in the age of advanced data management, is the app that allows one to see how the bell curve of the fifties has morphed into the sharp pointed curve of today?

 Why not a user interactive wavefunction that morphs its form over time? Is that so hard to do in 2014?  Where is the data-based visualization?-

Meanwhile government economic policies produce artificially created "opportunity zones" to the benefit of special interests- when the real "opportunity zone" is simply put a robust middle class in which the bell curve takes a gradual slope from the bottom to the top- such a slope assures that all who have the will to rise also have access to opportunities to rise, not by a collective plan created by overlords of the state economy which serve as instrumentalities of the state's designs, but as individually suited opportunities created by a free enterprise system with multifarious points of power, which offer genuine choice.

When it comes to accounting for the viability of such artificial opportunity zones, the CEO"s of Maine's economic development corporations cry poverty . A report is too expensive to do - so just keep on giving us more taxpayer money to redistribute and trust us on this!
"Section D of the Seed Capital Tax Credit changes the aggregate limit for a private venture capital fund from $500,000 to $4,000,000 and strikes out the individual limit within the aggregate for entities treated as a flow-through entity for tax purposes."

"OPEGA said the Department of Economic and Community Development (DECD), which administers PTDZ, should make an annual report to the legislature that assesses the program against criteria in the state law called, “Evaluation of Economic Development Programs.” 
The Center asked DECD for those reports. A report was only done once, in 2008, because money was never appropriated to do it again, according to the current DECD commissioner, George Gervais, who took over less than a year ago.That report -- the Maine Comprehensive Economic Development Evaluation (MCEDE) -- cost the state $150,000".  quoted from Pine Tree Watchdog article February 23, 2012
Measuring the "public benefit" of economic policies is simple- it's in the data on the size and growth or decline of the middle class. The data has to exist.

Research indicates that the divide between the top and the bottom in the USA began to increase in the late 1970's. Co-incidentally that is the same era when the Maine legislature created a new "essential government function" - that of centrally managing Maine's economy- an authority assigned unto themselves, of course!

From The charter for the Maine development Foundation Corporation
§916. Establishment
The Maine Development Foundation is hereby established to foster, support and assist economic growth and revitalization in Maine. The foundation shall carry out its purposes in complement to and in coordination with the economic development activities of the private sector, community and regional agencies and State Government. [1977, c. 548, §1 (NEW).]
The foundation shall exist as a not-for-profit corporation with a public purpose, and the exercise by the foundation of the powers conferred by this chapter shall be deemed and held to be an essential governmental function. [1977, c. 548, §1 (NEW).]
SECTION HISTORY
1977, c. 548, §1 (NEW).

§13052. Purpose(DECD) ( Department of Economic & Community Development Corporation.
)
The Legislature finds that the decentralization of economic growth and development programs among several state agencies without any coordination of programs and agencies and without coordination with the State's municipal and regional economic efforts is not in the best interest of the State. The Legislature further finds that the State's economic development programs and policies and the economies of municipalities and regions mutually affect each other. [1987, c. 534, Pt. A, §§17, 19 (NEW).] (emphasis mine)  

 In Maine legislation , "the targeted sector' is defined as those employees offering jobs that provide "above average income" (top half of the median household income). One can still find programs for other sectors of the economy, but those programs are dwarfed by Maine's central management's fixation on the upper crust of the economy. The justification is that redistributing public wealth to specially selected new owners of the means of production- be that in the form of capital or physical ownership of the means of production is for the "public benefit" - but when it comes to accounting for evidence of said benefit the designers of Maine's economy cry poverty! Its just too expensive to do a report ! That excuse alone could be taken  as circumstantial evidence that the policies of Maine's economic management are not working- but there is an even simpler way to test the waters of truth- it's simple - show data that demonstrates a growth in the size and economic well being of Maine's middle class
.
Maine State Inc is that name which I have given to the vast network of corporations chartered by our legislature to serve as "instrumentalities of the state"- but which goes by no identity-other than "the state"- which is no longer functioning as a traditional and constitutionally governed state serving the general public good, but as a corporation serving the interests of its own targeted sector.( the upper part of the two part economic picture described by the "Median Household Income").

What is the difference between a median and a mean? Median income is the amount which divides the income distribution into two equal groups, half having income above that amount, and half having income below that amount. Mean income (average) is the amount obtained by dividing the total aggregate income of a group by the number of units in that group. The means and medians for households and families are based on all households and families. Means and medians for people are based on people 15 years old and over with income. What is the income of the "middle class"

The Census Bureau does not have an official definition of the "middle class," but it does derive several measures related to the distribution of income and income inequality. Traditionally, the Census Bureau uses two of the more common measures of income inequality: the shares of aggregate income received by households (or other income recipient units such as families) and the Gini index (or index of income concentration). In the shares approach, we rank households from lowest to highest on the basis of income and then divide them into equal population groups, typically quintiles. We then divide the aggregate income of each group by the overall aggregate income to derive shares. The Gini index incorporates more detailed shares data into a single statistic which summarizes the dispersion of the income shares across the whole income distribution. The Gini index ranges from zero, indicating perfect equality (where everyone receives an equal share), to one, perfect inequality (where all the income is received by only one recipient).http://www.census.gov/hhes/www/income/data/inequality/middleclass.html
CONSPIRACY THEORY : I submit that the two tier division of the economy fits in with the global capitalism political ideology which uses both the collectivism of Marxist political thought and the individualism of the free enterprise system as instrumentalities of its own end- profit and power! This system socializes risk and privatizes gain and thus the bottom half of the median household income comes to be governed by a socialist system, while the top half of the median household income is governed by the rules of private capitalism.

Sunday, August 24, 2014

New Hampshire Shows True Economics Innovation -The Business Flat Tax !

I asked members of the New Hampshire Liberty Alliance where NH gets its revenue. I knew that property taxes are high in NH but property tax is a municipal tax and does not explain how the state gets revenue to operate.


Someone said the state owned liquor business but others felt that the revenue from that operation was not that much.

Others said that NH has a corporation tax. I went to check out the NH web site and found this innovative tax reform idea coming out of New Hampshire.

Maine cannot use such an approach because Maine uses special interest economics in which the state corporation works for the interests of it's targeted sector- defined as Jobs providing above average incomes ( the top half of the median household income-which divides the economy into two parts)


Not only that but it is the policy of Maine's centrally managed economy to tax the workers but to tax-exempt the owners of production. New Hampshire does the opposite- no personal income tax but there is a corporate income tax and thus N.H. is showing true innovation among the states with the re-working of the flat tax- a flat tax for businesses! Not only does N.H tax the corporations and not the people but a business flat tax means no special interest taxation policies used so abundantly by the CEO's of Maine State Inc.

I haven't studied this plan but it certainly is more innovative that anything coming out of Maine State Inc, which justifies its policies by telling us that other states are doing such and such and so and so and so Maine just has to follow suit- ignoring of course, Maine's own border state!


http://nheconomics.org/2014/07/a-business-flat-tax-true-tax-reform-for-new-hampshire/

Monday, August 11, 2014

Rule of Law in Maine In Critical Condition

Continuing where I left off in my last post- addressing the Lepage Campaign talking points as presented by Representative Heather Sirocki in this Portland Press Herald article titled Maine reaping rewards of governor’s commitment to fiscal responsibility
The article says:

Let’s start with the state’s improved credit standing. In June, rating agencies issued their outlooks for Maine’s creditworthiness. Standard & Poor’s Rating Services assigned its AA rating to our long-term bonds, while Moody’s Investor Services affirmed its Aa2 rating and upgraded its forecast of Maine’s debt from negative to stable. The agencies cited several major factors that influenced the strong ratings, including repayment of $748 million in MaineCare’s hospital debt; substantial public pension reform; and measures to control costs in the MaineCare program, which provides “free” taxpayer-subsidized health care to more than 300,000 state residents.

It's a good thing that Maine's credit rating has improved but Standard & Poor does not factor in the means used to achieve the end, which is of importance to a Constitutional Conservative, given that Maine is in the midst of a widely UN-publicized crisis that mirrors a similar crisis we are facing at the national level, which is a constitutional crisis. I submit that Maine's constitutional crisis is actually more advanced than the national constitutional crisis and the transformation of the State of Maine to the corporation of Maine is already complete in practice, if not re-written into our constitution. Our governing representatives take an oath to uphold the state constitution but misconstrue that to mean upholding the statutes, and, as we saw in the last post, even the statutes are not regarded as a rule of law that applies to government, as the rules governing the liquor industry were written over and then patched together with this announcement:

§83. Bureau of Alcoholic Beverages and Lottery Operations(CONFLICT)(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)(WHOLE SECTION CONFLICT: Text as amended by PL 2013, c. 269, Pt. A, §2) (WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/14)
Recently I discovered a similarly styled fix :


Rule Chapters for the Department of the Secretary of State 

WARNING: While we have taken care with the accuracy of the files accessible here, they are not "official" state rules in the sense that they can be used before a court. Anyone who needs a certified copy of a rule chapter should contact the APA Office.We also offer advice if you're having trouble trying to view these chapters. 29-250          OFFICE OF THE SECRETARY OF STATE

A pattern emerges that discloses a disturbingly overt attitude toward the Rule of Law expressed more openly by this administration than I have previously encountered- Not to say that other administrations did not harbor the same attitude. Angus King signed the Small Enterprise Growth Fund into law, which includes an exemption for the fund to this general law:

3104. Conflicts of interest; purchases by the State 
No trustee, superintendent, treasurer or other person holding a place of trust in any state office or public institution of the State shall be pecuniarily interested directly or indirectly in any contracts made in behalf of the State or of the institution in which he holds such place of trust, and any contract made in violation hereof is void. This section shall not apply to purchases of the State by the Governor under authority of Title 1, section 814. [1975, c. 771, §164 (AMD).]

So not only has the constitution of Maine been conflated with the statutes by Maine's public servants, but even the statutes are not taken seriously as a deterrent to anything that our state government wants to do.

So to the Maine fiscal conservative, the end justifies the means and the political class stands outside the rule of law. Yes it is a fiscally good thing that LePage saved Mainers money by upping the age at which pensions can be collected upon - but lets take a look at how that public debt was created in the first place.

To save myself time I am now quoting directly from A Maine Citizen's Journey Through The Statutes of Transformation


Commentary:  The Maine Public Employees Retirement System is described as established in 1942 but information pertaining to what type of a system it was in its original form is missing and difficult to find in a standard internet search. and so it is reasonable to conclude that it was originally established under general laws that operate in the private sector..



The charter of the Maine Employees Retirement System corporation is clearly unconstitutional. There are only two exceptions to the constitutional prohibition against chartering corporations by special acts of the legislature. The first exception is for municipal purposes. There can be no doubt that a corporation declared as an instrumentality of the state is serving a state purpose, which is arguably the very purpose that Article IV Part Third Section 13 & 14 of the Maine State Constitution are intended to prohibit.

The second exception is that of if the object of the corporation cannot be achieved another way. Prior to 1993, the Maine Public Employees System had been in existence since 1942. For over fifty years the system had been attained in another way.



The intent of the government to provide benefits is stated in a statute in 1985, for which no constitutional amendment was sought. Neither was a constitutional amendment sought when MPERS was chartered as a state corporation, when the legislature obligated the general taxpayer to take on the debt for a public employees retirement system ( which includes the legislature). However  two years after the Public Employees Retirement System is statutorily declared to be a corporate instrumentality of the state, the public was called to vote on constitutionalizing contractual agreements with MPERS. Under general laws, such contractual terms of agreement are part and parcel of an initiating agreement to take on the debt. By the general standards, the agreement to take on the debt should also have been on the electoral ballot  to become a constitutional amendment - were it not for the fact that contractual agreements have no place in a constitutional document intended to establish general governing principles and chartering corporations to serve as instrumentalities of the state is prohibited by the Constitution.

.
In 2009 a statute was passed encouraging the retirement fund to invest in state economic development projects by offering a refundable tax credit to minimize the risk. A refundable tax credit means  taxpayers are liable for a cash payout if investment falters and the  fund does not owe taxes. The investment plan is explained as a solution  to the public liability to the Public Employees Retirement System, which was receiving attention from the media, a liability brought on by the legislature when it established the Public Employees Retirement System, making taxpayers liable for public employees pensions plans.


1942 established

1985 Legislature States intent to provide benefits to MPERS

1993 Legislature MPERS a corporate instrumentality of the state

1995 Constitutional Amendment enforces MPERS contractual agreement
Legislature creates MPERS investment fund for targeted sector

2010 MPERS Targeted Sector Refundable Tax Credits 
*
Notice that there are only two years between the legislature deeming MPERS to be an corporate instrumentality of the state and the contractual terms of agreement with MPERS being inserted into the constitution, despite the fact that there was never a consent from the governed sought to take on the MPERS debt in the first place. If Maine is a state the MPERS debt cannot be justified as government employees ( including legislature, courts and administration) constitutes a special interest faction of the general public -NOT justifiable as the benefiting the general welfare- However if Maine is a corporation, then MPERS is just a corporate expense. Every corporation is expected to provide benefits for its workers. The difference between a state corporation and a private corporation is that a state corporation can force the general public to pay.

*All links are active in the downloadable time line. Since the download link never stays functional for long, I am recommending sending a contribution to this independent and unaffiliated research journalism blog via PayPal using mackenzie@andersenstudio.com as the address and including a note that you are requesting the timeline. Suggested minimum contribution is $10.00.