Comments on: CAPITOL NOTES http://www.indianabarrister.com/archives/2008/01/capitol_notes.html Indiana Barrister is the source for local Indianapolis and Indiana news, politics and commentary. Wed, 08 Feb 2012 22:47:00 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Taxpayer Voter http://www.indianabarrister.com/archives/2008/01/capitol_notes.html/comment-page-1#comment-6282 Taxpayer Voter Sat, 26 Jan 2008 17:40:49 +0000 http://www.indianabarrister.com/archives/2008/01/capitol_notes.html#comment-6282 Politician's should be spending more time on passing Joe Kernan's recommendations to reduce the cost of administering government instead of playing a tax shell game that will only shift tax burden. As a voter that is what I am watching. They appear to be doing the same old smoke and mirrors tricks. Looks like we need to vote them all out of office like we did for Bart Peterson. Politician’s should be spending more time on passing Joe Kernan’s recommendations to reduce the cost of administering government instead of playing a tax shell game that will only shift tax burden.

As a voter that is what I am watching. They appear to be doing the same old smoke and mirrors tricks.

Looks like we need to vote them all out of office like we did for Bart Peterson.

]]> By: Kristen http://www.indianabarrister.com/archives/2008/01/capitol_notes.html/comment-page-1#comment-6250 Kristen Thu, 24 Jan 2008 22:39:42 +0000 http://www.indianabarrister.com/archives/2008/01/capitol_notes.html#comment-6250 What I love is that the bill finally passed, but not without Craig "I want a piece of the pie" Fry voting against it! House Republicans are already calling him out on this on their new blog, www.housevictory08.com I'm lovin' it! What I love is that the bill finally passed, but not without Craig “I want a piece of the pie” Fry voting against it! House Republicans are already calling him out on this on their new blog, http://www.housevictory08.com

I’m lovin’ it!

]]> By: Robert-NW Side http://www.indianabarrister.com/archives/2008/01/capitol_notes.html/comment-page-1#comment-6236 Robert-NW Side Thu, 24 Jan 2008 12:05:50 +0000 http://www.indianabarrister.com/archives/2008/01/capitol_notes.html#comment-6236 Well, well...seems that many of our legislators do NOT want us poor taxpayers to have a meaningful REFERENDUM in how school administrators spend OUR money. They throw us a bone, saying we can vote on "recreational" spending, such as football stadiums and swimming pools. What about the PALACES that are being built? Do our kids really need these splendiferous buildings to learn? Or, do the teachers and administrators like pointing to "their" school, exhoring on how wonderful it looks! Yeah, the House threw us a gnarly old bone. Thankfully, the Senate hasn't knuckled-under...yet. BUT, if we were actually adhering to our Indiana Constituion, then we would NOT be using property taxes from private residential homes to fund the schools, as is clearly outlined at Article 8 Section 2 of our Constitution: ****************** http://www.in.gov/legislative/ic/code/const/art8.html Section 2. The Common School fund shall consist of the Congressional Township fund, and the lands belonging thereto; The Surplus Revenue fund; The Saline fund and the lands belonging thereto; The Bank Tax fund, and the fund arising from the one hundred and fourteenth section of the charter of the State Bank of Indiana; The fund to be derived from the sale of County Seminaries, and the moneys and property heretofore held for such Seminaries; from the fines assessed for breaches of the penal laws of the State; and from all forfeitures which may accrue; All lands and other estate which shall escheat to the State, for want of heirs or kindred entitled to the inheritance; All lands that have been, or may hereafter be, granted to the State, where no special purpose is expressed in the grant, and the proceeds of the sales thereof; including the proceeds of the sales of the Swamp Lands, granted to the State of Indiana by the act of Congress of the twenty eighth of September, eighteen hundred and fifty, after deducting the expense of selecting and draining the same; Taxes on the property of corporations, that may be assessed by the General Assembly for common school purposes. ********************* That's it, folks! Above are the ONLY AUTHORIZED methods of funding our Common Schools. As you can clearly see, the only property tax authorized is a tax on the property of corporations. About 50 percent of your property tax bill goes toward supporting our common schools. Is this Constitutional? Our Indiana Constitution clearly states that lawmakers cannot make law that doesn't get its authority from our Constitution: ********** http://www.in.gov/legislative/ic/code/const/art1.html Article 1 Section 25. No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution. ********** Our courts have held that this also applies to all government entities. So, how are our homes being taxed to support the schools? Why is there a movement in the General Assembly to STRIKE the last funding method at Article 8-2? Yep, some want to repeal the tax on corporations from our Constitution. The last action on this was January 2007. They want to strike the corporation tax, and ADD the cost of school transportation to the Constitution! What's that tell you? Why would the legislature want to add this to our Constitution? To finally make it 'legal' to tax us for school buses? Doesn't that imply that it's currently unConstitutional for them to do so? ********** Remember, folks, what they did to us with the inventory tax? They voted in 2002 to 'phase-out' the tax. However, our Constitution specifically forbade this! Then, they amended Article 10 in 2004, and finally repealed the so-called inventory tax. But, it wasn't legal to do so until November 2004. Our wonderful legislators were clearly in violation of our Constitution for at least 2 years, and they knew it! So much for the oath they took. I really wish that Abdul would beat up on our legislators and other government officials about this. Well, well…seems that many of our legislators do NOT want us poor taxpayers to have a meaningful REFERENDUM in how school administrators spend OUR money. They throw us a bone, saying we can vote on “recreational” spending, such as football stadiums and swimming pools. What about the PALACES that are being built? Do our kids really need these splendiferous buildings to learn? Or, do the teachers and administrators like pointing to “their” school, exhoring on how wonderful it looks! Yeah, the House threw us a gnarly old bone. Thankfully, the Senate hasn’t knuckled-under…yet.
BUT, if we were actually adhering to our Indiana Constituion, then we would NOT be using property taxes from private residential homes to fund the schools, as is clearly outlined at Article 8 Section 2 of our Constitution:
******************
http://www.in.gov/legislative/ic/code/const/art8.html
Section 2. The Common School fund shall consist of the Congressional Township fund, and the lands belonging thereto;
The Surplus Revenue fund;
The Saline fund and the lands belonging thereto;
The Bank Tax fund, and the fund arising from the one hundred and fourteenth section of the charter of the State Bank of Indiana;
The fund to be derived from the sale of County Seminaries, and the moneys and property heretofore held for such Seminaries; from the fines assessed for breaches of the penal laws of the State; and from all forfeitures which may accrue;
All lands and other estate which shall escheat to the State, for want of heirs or kindred entitled to the inheritance;
All lands that have been, or may hereafter be, granted to the State, where no special purpose is expressed in the grant, and the proceeds of the sales thereof; including the proceeds of the sales of the Swamp Lands, granted to the State of Indiana by the act of Congress of the twenty eighth of September, eighteen hundred and fifty, after deducting the expense of selecting and draining the same;
Taxes on the property of corporations, that may be assessed by the General Assembly for common school purposes.
*********************
That’s it, folks! Above are the ONLY AUTHORIZED methods of funding our Common Schools. As you can clearly see, the only property tax authorized is a tax on the property of corporations.
About 50 percent of your property tax bill goes toward supporting our common schools. Is this Constitutional?
Our Indiana Constitution clearly states that lawmakers cannot make law that doesn’t get its authority from our Constitution:
**********
http://www.in.gov/legislative/ic/code/const/art1.html
Article 1 Section 25. No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.
**********
Our courts have held that this also applies to all government entities. So, how are our homes being taxed to support the schools? Why is there a movement in the General Assembly to STRIKE the last funding method at Article 8-2? Yep, some want to repeal the tax on corporations from our Constitution. The last action on this was January 2007. They want to strike the corporation tax, and ADD the cost of school transportation to the Constitution! What’s that tell you? Why would the legislature want to add this to our Constitution? To finally make it ‘legal’ to tax us for school buses? Doesn’t that imply that it’s currently unConstitutional for them to do so?
**********
Remember, folks, what they did to us with the inventory tax? They voted in 2002 to ‘phase-out’ the tax. However, our Constitution specifically forbade this! Then, they amended Article 10 in 2004, and finally repealed the so-called inventory tax. But, it wasn’t legal to do so until November 2004. Our wonderful legislators were clearly in violation of our Constitution for at least 2 years, and they knew it!
So much for the oath they took.
I really wish that Abdul would beat up on our legislators and other government officials about this.

]]>