Any tax without prior voter approval is a bad tax

For those Missourians contemplating buying or selling a motor vehicle to another person, the purchase of that vehicle just became more expensive.  On February 18, 2013 the Missouri Senate passed Senate Bill 182, a bill regarding levying a local sales tax on all motor vehicles sales.

SB 182 stops counties and municipalities from collecting a local use tax on the sale of motor vehicles, trailers, boats, or outboard motors. Instead of a use tax, local government entities will impose a local sales tax on the sale of all of the aforementioned items, regardless of whether they were purchased in Missouri. The home address of the buyer is used in determining what local tax rates apply.

The total sales tax for motor vehicles, trailers, boats, or outboard motors sold at retail is the sum of the state sales tax (4.225%) plus the local sales tax (varies according to locality). The sales tax for all non-retail sales of the preceding items is the sum of the state highway use tax (4.00%) plus the local sales tax (varies according to locality).

All counties and municipalities that did not previously approve a local use tax must put to a vote of the people whether to discontinue collecting sales tax on non-retail sales of motor vehicles. If a local government does not hold such a vote before November 2016, the taxing jurisdiction must stop collecting the sales tax. Counties or cities may at any time hold a vote to repeal the tax. Language repealing the tax must also be put to a vote of the people any time 15% of the registered voters in a taxing jurisdiction sign a petition requesting such.

Why did the Missouri Senate pass this bill?

Quotes from several state and local elected government officials, business advocacy organizations, and local car dealers in a Southeast Missourian article titled “Sales tax fallout hits dealers, others” dated February 21, 2013,  stated a “level playing field” is needed between the car dealers in Illinois and Missouri. Whenever officials allude to fairness, bad things happen. One can conclude these officials support a statist approach to concentrating economic controls in the hands of the government. Being “fair” to all car dealers in Missouri can encourage an overall centralization of economic control at the state level.

The proper role of government is to protect equal rights, not provide equal things. This bill violates the rights of local governments by intruding upon the taxing authority a local government has with its citizenry. The state senators want to dictate to locally elected officials of Missouri how to run their communities. This is a huge usurpation of power of the state from the counties and cities.

Each local government in Missouri has made a social contract with its citizens. The contract provides for public order, protection of property, and access to public services such as highways, roads, and sewer. The citizens and their local governments determine the limiting of rights and the duties of each other.  The Missouri Senate overstepped its authority by directing local governments to collect sales tax on the purchase of vehicles without a vote of the people at the local level. Although there is a requirement to put the measure on the ballot of counties and municipalities that did not have a use tax prior to the passage of SB 182, it is a deep-rooted “Principle of Liberty” to get voter approval before imposition of a new tax. The Senate’s action in regards to the SB 182 smacks of governing at their whim rather than by law.

Even though SB 182 has passed in the Senate, the bill must go to the House. The Senate and House need to agree to the final language of the bill before sending it to the governor for his signature. The governor can veto the bill or sign it into law. But that is not the end of it. At any time, with 15% of the registered voter in a taxing authority’s jurisdiction signing a petition to put it on a ballot, the voters can nullify the tax.

It is time we send a strong message to the Missouri Senate by directing our local elected officials and our state representatives to kill this power- grabbing bill before rather than after it becomes law.

CCTP Legislative Request Defending Against Agenda 21

By David Larson

To the Missouri State Representatives elected by citizens of Cape Girardeau County,

In a similar fashion as Alabama’s Anti-Agenda bill SB477, members of CCTP urge you to enact the legislative language below or similar legislation in an effort to protect our property, rights, and freedoms under the U.S Constitution and the Missouri State Constitution:

An Act,

Relating to due process; to prohibit the State of Missouri and its political subdivisions from adopting and developing environmental and developmental policies that, without due process, would infringe or restrict the private property rights of the owner of the property.

BE IT ENACTED BY THE LEGISLATURE OF MISSOURI:

Section 1.

(a) As used in this section, “political subdivisions” means all state, county, incorporated city, unincorporated city, public local entity, public-private partnership, and any other public entity of the state, a county, or city.

(b) The State of Missouri and all political subdivisions may not adopt or implement policy recommendations that deliberately or inadvertently infringe or restrict private property rights without due process, as may be required by policy recommendations originating in, or traceable to “Agenda 21,” adopted by the United Nations in 1992 at its Conference on Environment and Development or any other international law or ancillary plan of action that contravenes the Constitution of the United States or the Constitution of the State of Missouri.

(c) Since the United Nations has accredited and enlisted numerous non-governmental and inter-governmental organizations to assist in the implementation of its policies relative to Agenda 21 around the world, the State of Missouri and all political subdivisions may not enter into any agreement, expend any sum of money, or receive funds contracting services, or giving financial aid to or receiving financial aid from those non-governmental and inter-governmental organizations as defined in Agenda 21.

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

MO Legislature Has Innovative Idea To Spur Job Creation

Yes! In two of the Capitol Reports received via e-mail from Cape County’s state Representatives, it is confirmed!  Missouri has an innovative idea to spur job creation!  Are you ready?!?!

They’re gonna make a list.

Stop clapping.  Hold the applause.  Hang on to your panties.

From the Capitol Reports of Wayne Wallingford and Ellen Brandom:

Putting Missourians back to work will be a priority again this session.  Last session, we took several steps to create jobs.  We cut taxes on small businesses adding new employees, eliminated the franchise tax and adopted several measures to improve the business climate.  But with an unemployment rate still above 8%, there is still work to be done.

One innovative idea to spur job creation is the Entrepreneur Virtual Resource Network.  This new program would provide resources to the Department of Economic Development for a website that pools the information needed to start a small business in the state.

Entrepreneurs are the lifeblood of job creation, but they often need assistance in navigating the regulatory hoops necessary to create their business from scratch.  This website will give them a one-stop shop on how to get their idea to the marketplace.

At least they’re saving money and time by collaborating on the text of their Capitol Reports (or Leadership is writing them).

h/t www.clotureclub.com/

Now, I’m all for getting information out via the Interwebs; that’s how I make my living.  But to claim that making a long list of the laws, rules, and regulations that stand in the way of starting or expanding a business in Missouri will create jobs is laughable.

Here’s a better idea.

  • Go ahead and make the list, but save the time and effort of creating the web site
  • Then, order the list by necessity of the law, rule, regulation from greatest to least
  • Finally, write and pass a bill to repeal all the laws, rules, and regulations on the bottom half of the list

There you have it.  One half of the red tape that ties down job creators is cut.  Missouri is job friendly.

MOSIRA: Still Waiting For Reply

On October 8, 2011, I sent the following e-mail to the Missouri Legislature representatives of Cape Girardeau County as well as to the Cape County Tea Party Members:

Greetings to CCTP and to our local MO Representatives!

Attached is a document (here) prepared by a MO Constitutional Lawyer named Ron Calzone in response the passage of the MOSIRA bill in Special Session.  Ron runs a web site mofirst.org.

I am far from an expert on constitutional issues and Missouri Law, but assuming he’s correct, I have a request for our local Senate and House Representatives that receive this e-mail and voted FOR this legislation.

I would ask that in direct reply to this e-mail, or in your weekly Capitol Reports, that you:

  • Discuss why you voted FOR this legislation
  • Refute the unconstitutionality claims made by Mr. Calzone
  • Refute the claim that the legislation allows public funding for embryonic stem cell research and human cloning

I suspect other Libertarians and Conservatives, like me, believe picking winners and losers with our tax dollars is nothing more than crony capitalism and a perversion of the Missouri Constitution.

Thank You!
Brian Bollmann

For the record, the House Members that represent Cape County voted as follows:

  • 157 Donna Lichtenegger – Yea
  • 158 Wayne Wallingford – Nay
  • 159 Billy Pat Wright – Yea
  • 160 Ellen Brandom – Yea

As best I can tell, the Missouri Senate used a voice vote on SB7 and Senator Crowell’s vote is not recorded in the public record.  Pursuant to the e-mail above, I asked him separately about his vote.

Senator Crowell,

It appears that SB7 (MOSIRA) was a voice vote in the Senate?  I assume that means there is no record anywhere?

How did you vote?

As a Missouri resident and voter, I’m disappointed that the people I hire to act on my behalf in the Missouri Legislature would ever be allowed to act (vote) without my ability to review how they acted (voted).  Each vote must be recorded to allow constituents to properly evaluate the performance of their representatives.

The point I am getting to is…

No one on this list of representatives has replied in any way to my request.

If one of the representatives has addressed my questions in their Capitol Report, I’d be glad to attach that reply to this posting.

To that end, I ask you to consider contacting your representative to explain why they voted for taking your tax dollars and giving them to corporations – picking winners and losers by enslaving you to labor for their efforts.

See the Rep Contact Info page on this site for contact information