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When the General Welfare Meets The Corporate State in the Halls of Augusta- It's No Contest!

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In my last post I distinguished Bond Question #6 in support of clean water and public safety, (what ever that entails). I distinguished it as being the only bond that is not destined to underwrite the operations of the unconstitutional corporate state, functions which examined with any level of scrutiny are revealed to be codified in a statutory design of highly manipulative intent, serving the interests of private capitalists and using the public as the pawns in the game. One need only observe that the name of last year's extension of the Seed Capital Tax Credit is called the "Expanded and Improved Seed Capital Tax Credit" as evidence of my opinion. The ONLY perspective from which the Seed Capital Tax Credit can said to have been expanded or improved is from that of the private investors and new class of owners of the means of production whom are the beneficiaries of this bill. For the general Maine taxpayer, this bill is an increased burden with little to show for it. The rhetoric sells this bill as creating jobs for Mainer's, jobs which will be highly taxed as the owners of the means of production go tax free and the lion's share of their high end pay roll taxes are passed on to the general taxpayers thanks to Maine's Pine Tree Zone tax incentives.

This is one of the mini-timelines of incremental ism which I created for A Maine Citizen's Journey Through the Statutes of Transformation ( created in hopes of generating a cash flow in support of my independent research- you can receive the full timeline by sending a contribution to this blog to mackenzie via Paypal)

1987 §5216-B. Seed capital investment tax credit established-

grants a refundable tax credit worth 30% of capital investment.

Time line of Incrementalism  - The Seed Capital Tax Credit
When §5216-B. Seed capital investmentwas first established 30 % of capitalist investment was designated to be covered by taxpayers spread out over 2 years.  
EnactedLaw Summary:Public Law 2001, chapter 446 amends the Maine Seed Capital Tax Credit Program by increasing the amount of the tax credit from 30% to 40% of an eligible investment, authorizing the use of the credit for investments in certain private venture capital funds and allowing the credit to flow through certain entities to the underlying taxpayer. In addition, the bill increases the total authorized amount of tax credits that may be issued under the program from $8,000,000 to $12,000,000 over a 4-year period, requires that the credit be spread out over 7 years rather than 2 years and requires the Finance Authority of Maine report to the joint standing committee of the Legislature having jurisdiction over taxation matters in each of the next 2 years.

2001 chunk of investment paid by taxpayers goes from 30-40%. Rate of transfer from people to owners of the means of production escalated by 50%- spread out over 7 years

2011 Maine Seed Capital Tax Credit Amended to increase the amount paid by taxpayers to 60% of capitalist's investment

2013  Taxpayer now pays 60% of capitalists investment spread out over four years- amount allowed to transfer of wealth from taxpayers to the owners of the means of production escalated eight fold. “Tax Credits” extended to out of state investors who do not owe Maine taxes and therefore will receive a cash payment from Maine taxpayers . The legislature calls the bill “The Expanded and Improved Seed Capital tax Credit” Expanded indeed! Improved? Only for the capitalists!

This is the Summary for Bond Question #6. I have mixed feelings about it , as I am cognizant that environmental issues can be used as tools of political manipulation- and at the same time cognizant that in an era of heightened terrorists threats to the USA, we need to be all the more prepared to protect our water supplies- which is more dangerous - the threat from within or the threat from without? I don't really have enough information to answer that question.

This bill authorizes a bond issue in the amount of $50,000,000 in order to make cost-  effective investments in natural and built infrastructure to reduce threats to the State's water resources and provide a host of benefits for communities across Maine, including ensuring an abundant and high-quality drinking water supply, allowing communities to more effectively prepare for storms and flood events, conserving habitat for recreational fisheries, waterfowl and aquatic and wildlife species and strengthening the State's long-term economic base and competitive advantage. The bill establishes the Water Resources Commission and the Fund To Ensure Clean Water and Safe Communities. The commission is charged with assessing the State's water resource infrastructure needs and with allocating funds for resource conservation and development projects.

That said I will move on to some of the details of the 2013 legislative session, which I cover in A Maine Citizen's Journey Through The Statutes of Transformation.

The legislature has constructed its corporate network with much social benefit rhetoric ordaining their own high intentions as statutes as we see in this little bit of history:

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).]

QUOTE from 1987 Maine Development Foundation, Maine Economic Growth Council -Findings & Intent:

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)

However practice is different from rhetoric:
In 2013 there was a failed attempt to pass a bill protecting the public's right to know about potential ricks from hazardous materials:

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

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)
Maine ACLU

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

NO Surprise that Maine State Inc and the hegemonic power of public-private relationships won the day in the conflict of interests between the general public's welfare and the profit and opacity of the corporate state- the same legislature that unanimously supported the expansion of The Seed Capital Tax Credit  voted that  a bill protecting the public's right to know about potential hazardous risk "Ought Not To Pass" !

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 Ought Not to Pass Pursuant To Joint Rule 310, May 23, 2013or 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) .] 


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