Committee Clerk: Please make copies of my testimony and attached documents (packet) to distribute to all Committee members and

enter my testimony into public record Thank You

Tuesday, February 26, 2013

Chairman and Committee Members, Included in our Founders deliberate and wise approach when creating our system of government was a system of checks and balances to avoid a consecration of power. James Madison said: In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself." (emphasis added) James Madison
Federalist No. 51: The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments The New York Packet Founding Fathers February 8, 1788

And John Taylor succinctly summed this up: "There are two principles pre-eminently unfavourable to a free government; an absence of checks and balances, and a partiality in taxation." John Taylor
Construction construed, and constitutions vindicated 1820

HB 4026 is a bill that addresses the absence of checks and balances and seeks to correct it, and adds transparency. In 2010 a research was conducted by the Legislative Research Bureau on Memoranda of Understand (MOA) (included in attachment packet) Among the findings were:

There is nothing in Michigan statue to support these kinds of MOAs. However, some of these MOAs end up having the force of law, which is a power delegated to the legislature, as some MOA were agreements between state and Federal agencies and between state depts. and foreign governments.

There are many examples included in the packet I included with this testimony however, I will cite two here: A May 12, 2008, Memorandum of Understanding http://www.michigan.gov/granholm/0,1607,7168-23442_21974-191827--,00.html between Michigan and the United Kingdom pledged that the state and the UK would work jointly to reduce emissions of greenhouse gases and increase climate-friendly commerce. And just lately (2012) Gov. Synder has entered into an interstate offshore wind energy MOU with the Obama Administration. http://www.michigan.gov/snyder/0,4668,7-277-57577-274875-,00.html

In comparison, interlocal agreements (ILA) are regulated and are on file with the Secretary of State.
http://www.mackinac.org/depts/policy/ilagreement.aspx?municipality=All+Municipalities&county=Miss aukee

The attachment documents cites many other sample then the four I have included below (Taken from the 2010 research conducted by the Legislative Research Bureau on these Memoranda of Understand (MOA)

Are MOAs nothing more than a way to get around ILA laws by calling an agreement a Memorandum of Agreement instead of an Interlocal Agreement? I am asking that you pass HB 4026 that targets these specific kinds of MOAs out of a Committee with a favorable recommendation as a remedy to address a much needed check and balance to the usurping of legislative power and to provide transparency. Thank You Joan Fabiano Grassroots in Michigan Holt, MI