No Runny Eggs

The repository of one hard-boiled egg from the south suburbs of Milwaukee, Wisconsin (and the occassional guest-blogger). The ramblings within may or may not offend, shock and awe you, but they are what I (or my guest-bloggers) think.

Archive for posts by steveegg.

July 28, 2010

Public Policy Polling returning to its Democrat roots?

by @ 12:39. Filed under Politics.

Jim Geraghty and a couple of his regular readers found some rather odd crosstabs in recent Public Policy Polling releases in New Hampshire and California races that purport to show surges for Democrat candidates. At the same time other pollsters (no, Bill, not just Rasmussen) are finding fewer self-identified Democrats and liberals nationwide, PPP somehow found more of them in both New Hampshire and California for their latest polls.

Something tells me that a close examination of the PPP crosstabs in their next series of Wisconsin releases is in order.

Only in government, MPS edition

by @ 12:26. Filed under Education, Politics - Wisconsin.

(H/T – Charlie Sykes)

Milwaukee Magazine‘s NewsBuzz reports on an employment situation that can only happen in government. First, the setup: Milwaukee Public Schools has, for the past several years, scheduled an in-school school-day district-wide taking of the ACT college admission examination in order to facilitate the participation of every high school junior. For this coming school year, they scheduled it for Wednesday, April 27, 2011.

Somebody in the district offices forgot to tell those who negotiated the 2010-2011 school calendar with the Milwaukee Teachers’ Education Association that 4/27/2011 is the Wednesday after Easter. The tentative agreement, reached in early June, had spring break at its traditional Good Friday-through-Friday after Easter slot.

The MPS board caught this potential problem at the June 24 meeting, during which the final ratification of the school calendar was supposed to take place. Rather than attempting to reschedule the date of the ACT test, asking high-school juniors who want to take the test come in during spring break, or asking those juniors to take the test on one of the several Saturdays and at one of the several locations (some of which are MPS facilities) suburban and private-school students take the test, they told the negotiators to move spring break to accomodate the 4/27 ACT test date, and decided to hold off on agreeing to the school calendar until that was done.

On July 9, MPS and MTEA reached a pair of agreements regarding spring break. First, they agreed to move spring break to the week before Easter plus the Monday following Easter. That in itself is not at all controversial – it is the same number of weekdays, and it encompasses Easter.

However, the second part is something only a union would demand and only a government entity would grant – a chance, at the board’s discretion, of reimbursement for any and all expenses on an altered or cancelled vacation during the week after Easter that are non-refundable, non-reimbursable, or penalties generated by an alteration or cancellation.

Yes, you read that right – MPS will in all likelyhood pay for the assumptions made by employees based on an unofficial and never-ratified schedule. In the private sector, especially in a non-union shop, the employer would have told the employees, in so many words, “Tough luck.” In fact, that same sentiment would have been given had the vacation been forced to be altered or cancelled at the last minute.

July 27, 2010

Unconstitutionally dismantling the Electoral College – Massachusetts edition

by @ 22:49. Filed under Politics - National.

(H/T – DaTechguy)

Massachusetts is the latest state to sign away its independence in the selection and action of its Electoral College, and Massachusetts resident DaTechguy is spitting mad. I refer the reader back to some Classic NRE, for both the non-partisan and partisan versions of why this is not a good idea, and amplify the Constitutional point a bit.

The folks pushing for this note that there are any number of “compacts” that don’t explicitly have Congressional approval. However, the main case they cite in defense of not needing Congressional approval, Commonwealth of Virginia v. State of Tennessee (1893), actually makes the case that Congressional approval of the compact is proscribed by the Constitution. By its very nature, that effort is a pact of “political co-operation” designed to affect the influence of the states that are a part of the effort on the selection of the President.

Tuesday Hot Read – Letter In Bottles’ interview with Ron Johnson

by @ 18:53. Filed under Politics - Wisconsin.

Steve S. over at Letters in Bottles interviewed Republican Senate candidate Ron Johnson yesterday, and he fleshed out Johnson’s views on foreign policy and trade, a couple of items not exactly on the front burner of the Senate race. The interview was expansive enough that the transcript took two posts. I recommend reading them both:

Part 1 – foreign policy

Part 2 – trade and economics

I highly recommend reading both halves. Great job with the interview, Steve.

Revisions/extensions (6:53 pm 7/27/2010) – I forgot what day of the week this is :-)

Government Motors earning its TARP keep

by @ 18:41. Tags:
Filed under Business, Politics - National.

(H/T – Van Helsing)

If you thought the Chevy Volt was a bad deal, wait until you get a load of this. I present the lede from Bloomberg’s story on Government Motors buying subprime lender AmeriCredit Corp. for $3.5 billion:

General Motors Co., the automaker 61 percent owned by the U.S., is buying subprime lender AmeriCredit Corp. for $3.5 billion to help it reach more customers with leases and loans to borrowers with faulty credit records.

A couple points of order:

  • Where, exactly, did Government Motors get the $3,500,000,000 to pay a 24% premium for a company?
  • Isn’t the bubble of the subprime lending market, something Government Motors explicitly said it would restart, a major contributor to the Double-Dip Dempression we’re in?

Quoting American Enterprise Institute’s John Berlau, “When we bailed out GM, what were we bailing out? The rationale behind the financial-regulatory bill that just passed was that subprime lending was bad, but the government’s in the subprime business.”

Envirowhackos and Government Motors thank you for paying half the lease on the Volt

by @ 17:31. Filed under Business, Envirowhackos.

(H/T – Will Collier)

CNN reports that Government Motors announced the price structure for the 2011 plug-in “hybrid” Chevrolet Volt, a 4-seat plug-in “hybrid” that is smaller than the Honda Insight. The retail price will start at $41,000, which after the $7,500 federal tax credit on plug-in vehicles, would create an effective price of $33,500. Even at the full retail price of $41,000, the Volt is going to be a money-loser for GM.

That is bad enough a business deal. What is worse is the 3-year lease terms – $2,000 $2,500 down, $350 per month, which CNN helpfully notes puts it in the ballpark of the all-electric Nissan Leaf. The bad part for the taxpayers is that we’re going to be paying just under half the $15,100 that Government Motors will get for the lease.

It gets worse for GM. At the end of the 3 years, GM would need to get $25,900 on the used-car market to get the full retail value of the car back. Meanwhile, used (and larger, and longer-ranged) Honda Insight and Toyota Prius hybrids will likely be going for $15,000-$17,000, and similar-sized conventional cars will be going for less than that. Something tells me that GM won’t get the $10,000 premium they think they’ll get for a plug, which only increases the losses.

Revisions/extensions (10:16 am 8/1/2010) – Corrected the down payment on the Volt lease. The rest of the numbers are unchanged.

July 26, 2010

Monday Hot Read: WSJ’s “Survival of the Fattest”

by @ 16:18. Filed under Corn-a-hole, Politics - National.

Yes, this one is behind the NewsCorp pay wall, but it is worth either getting the online subscription or grabbing a copy of today’s Wall Street Journal (I’ve done the latter) to read this editorial on corn-a-hole, based on the Congressional Budget Office report on subsidies for biofuels. Both the report and the editorial are devastating, and since I want to include the WSJ’s close, I’ll start with the CBO’s numbers, and expand beyond the corn-based ethanol the WSJ focused on because the rest is even more devastating:

  • The producers of corn-based ethanol get $0.73 per “gallon of gasoline-equivalent” of taxpayer subsidy, producers of cellulosic ethanol get $1.62 per “gallon of gasoline-equivalent” of taxpayer subsidy, and producers of biodiesel get $1.08 per “gallon of diesel-equivalent” of taxpayer subsidy.
  • Those direct subsidies are not the only costs taxpayers bear. Figuring the difference in taxes between traditional fuels and biofuels, as well as the difference between the amount of biofuels produced because of the subsidies and the amount that would be produced without the subsidies, it costs taxpayers $1.78 to replace a gallon of gasoline with corn-based ethanol (or 63.8% of the average cost of gas in Milwaukee as of today), $3.00 to replace a gallon of gasoline with cellulosic ethanol (or 107.5% of the average cost of gas in Milwaukee), and $2.55 to replace a gallon of diesel with biodiesel (or 86.1% of the average cost of diesel in Milwaukee).
  • Not counting the the effects of the conversion of land to biodiesel production, the costs of carbon dioxide reduction are far greater than the $26 per metric ton tax the House passed as part of its cap-and-tax proposal: roughly $750 per ton for corn-based ethanol, $275 per ton for cellulosic ethanol and $300 per ton for biodiesel.

I can’t write a close that’s better than the one the WSJ editorial writers did, so I’ll borrow their close (emphasis in the original):

Given these realities, the only mystery is how an industry that produces a fuel that no one would willingly buy has managed to be subsidized over four decades at costs that are higher than anyone ever imagined. But then, maybe it merely illustrates the theory of the politically fittest.

Well, you’re wrong – Neumann property tax edition

by @ 12:10. Filed under Politics - Wisconsin, Taxes.

On Spike TV’s “MXC”, a humorous dub of Tokyo Broadcast System’s “Takeshi’s Castle”, the Captain Tenneal character had a catch phrase he used right after he asked the contestants an opening question. That phrase, “Well, you’re wrong,” applies to both the Mark Neumann campaign’s sales pitch of his property tax shift and some of the critics of that plan.

First things first, it is not a tax cut (with a possible exception which I’ll address as a concern in a bit). Rather, it is a shift of when the property taxes are paid. Instead of the 2011 property tax (the first bill that would be affected by Neumann’s proposal) being paid either at the end of 2011 or over the first 5 months of 2012, it would be paid over the course of the entirety of 2012.

On a related note, the “no other enterprise waits an entire year to bill for services” bit is a bunch of smoke and mirrors. Who here has paid their entire 2010 income tax? Who filed their 2010 income tax return back in April? Indeed, because the property tax bill comes in December of the named year with the ability to settle the entire tax bill before the end of the year, the dating of a particular property tax bill makes more sense than the dating of the income tax bill, which cannot be settled in full until sometime in the following year.

Indeed, Neumann’s plan, unless he simply decides to call the 2011 property tax the 2012 property tax, makes it worse. Instead of waiting a maximum of 17 months (to the end of the following May) for the final payment, one would wait a full 2 years for the final payment.

As for the criticism that the tax deductibility would be lost, that also is false. For those that itemize on their federal income tax return, the amount paid in property tax is deductible on the same year’s tax return that the property tax is paid, regardless of the date on the property tax bill. The reason why a lot of people pay their property taxes in full in December is that they don’t want to wait two return cycles to deduct the property tax payment. In fact, I am sure there are some people who wait to pay one year’s property tax until January (or even May) and then turn around and pay the next year’s property tax in December to get effectively a “double” reduction on the second year’s income tax.

As for the plan itself, there are two concerns I have. The first is that, once an owner decides to get in, there’s no way out, not even for a new owner.

The second relates to the liability of the previous owner in a sale. Currently, tax liability for the previous owner extends to the month of the sale. Neumann was unclear on whether that means the previous owner gets to walk away from a year’s worth of taxes or whether that owner has to pay property taxes on his or her old property for 12 months after the sale.

Beyond that, I could just as easily flip a coin weighted slightly against the proposal. Offering a smaller per-payment tax bill that is paid more often will allow property-taxing authorities to grease the skids for a bigger property tax hike.

July 22, 2010

And now the guest-blog lamp is lit

by @ 8:17. Filed under The Blog.

I’ll be at RightOnline in Las Vegas this weekend, so blogging on my end will be non-existent. Fortunately, Shoebox and I have put together a family of great guest-bloggers (which, coincidentally, was added to this morning) so things won’t skip a beat here.

Here we grow again

by @ 8:13. Filed under The Blog.

Partly because it’s been so long since I invited in a guest-blogger, but mostly because he is that good, I’d like to welcome Kevin Fischer to the NRE family. Kevin, whose home blog is This Just In, is a prolific defender of taxpayers on the far side of 27th Street (Franklin, Wisconsin for those of you not familiar with the area), a veteran broadcaster who still occassionally does guest-host duties at WISN-AM, an aide to state Sen. Mary Lazich, and most-importantly, a great and proud husband and father.

Welcome to the party, Kevin.

Thursday Hot View – Ald. Jim Witkowiak’s testimony to GAB regarding vote fraud

Kevin Fischer points to a rather remarkable presentation by Milwaukee Alderman Jim Witkowiak during yesterday’s Government Accountability Board hearing. Wisconsin Eye brought its cameras to the meeting, which first dealt with challenges to the nomination papers, and moved to an indepemdent candidate for state Assembly who wanted to put “NOT the ‘whiteman’s bitch'” as her statement of principle on the ballot (the GAB board narrowly did not overturn the staff recommendation of not allowing it, with 3 of 5 present board members voting to allow it and the potential 4th/deciding vote for allowing it absent).

Immediately after that, the GAB began taking open public comments. Ald. Witkowiak was second on the list, and he explained how both same-day registration and a lack of an ID check can and does affect elections, even to the point of changing the results. I do recommend watching the entire appearance, which begins at the 1:50:50 mark of part 2 of WisEye’s coverage and runs to the end of part 2. A quick summary:

  • In the spring 2000 election, Witkowiak lost his re-election bid by 17 votes.
  • During the recount, after the campaign of Witkowiak’s opponent admitted to him they caused irregularities, Witkowiak found about 200 people who didn’t exist yet voted in the election, scattered between those who registered at the polls and those who claimed to be somebody they were not. The Milwaukee Election Commission did disallow a bunch of votes, but because there is no way to tell who the disqualified voters voted for, it was a random vote removal and thus did not change the result of the election.
  • An assistant city attorney who sat in on the 2000 recount process said that Witkowiak, “There’s more meat in this sandwich than I’ve ever seen before in my life.” Of course, this is Milwaukee, so nothing was done..
  • Witkowiak thought he was done with politics after 2000, but the residents of his district pulled him back into the race in 2004, and he once again became an alderman.
  • Fast forward to 2008. Witkowiak found that 400 people had registered at the polls in the spring primary, which for the first time in Wisconsin also included the Presidential primary (previously, the Presidential primary was held with the spring general election). Since Witkowiak had a spring general election to run in, he wanted to get a hold of those 400 to campaign to them. After a bit of a delay, the Milwaukee Election Commission gave them to him.
  • Witkowiak did a mailing to those 400, and about 80 of those mailings came back as undeliverable. He then went out to try to find those 80, and while he did find a few that existed, he couldn’t find about 75, with reasons ranging from people living at or managing apartments at the location never hearing of the alleged registered voter to the address being a non-residential property to the address simply not existing.
  • Witkowiak turned over the evidence to the Milwaukee County District Attorney and the Milwaukee Police Department. Guess what happened? If you said, “Nothing,” give yourself a prize.

July 21, 2010

Robbing the people blind, California edition

by @ 13:06. Filed under Politics.

(H/T – Allahpundit)

The story of Bell, California and its $800,000/year city manager sounds more than just a bit familiar:

Hundreds of residents of one of the poorest municipalities in Los Angeles County shouted in protest last night as tensions rose over a report that the city’s manager earns an annual salary of almost $800,000.

An overflow crowd packed a City Council meeting in Bell, a mostly Hispanic city of 38,000 about 10 miles (16 kilometers) southeast of Los Angeles, to call for the resignation of Mayor Oscar Hernandez and other city officials. Residents left standing outside the chamber banged on the doors and shouted “fuera,” or “get out” in Spanish.

It was the first council meeting since the Los Angeles Times reported July 15 that Chief Administrative Officer Robert Rizzo earns $787,637 — with annual 12 percent raises — and that Bell pays its police chief $457,000, more than Los Angeles Police Chief Charlie Beck makes in a city of 3.8 million people. Bell council members earn almost $100,000 for part-time work.

I do have a word of warning for the residents of Bell – do not stop until ALL the theives are out of office. We in Milwaukee County thought that throwing out the county executive and 6 of 25 supervisors in 2002 after we found out they voted themselves million-dollar pension lump-sum payments and enhancers that made their pensions at least the same value as their highest couple years’ worth of salaries would be enough for the remainder to learn their lesson, but they didn’t.

Beyond the numbers – July gubernatorial edition (now with Walker)

by @ 8:38. Filed under Politics - Wisconsin.

Revisions/extensions (12:19 pm 7/21/2010) – The GAB finally got done collating Scott Walker’s report, so a look at it can now be made. That’s been appended to the bottom of the post.

The Government Accountability Board’s Campaign Finance Information System has once again proven inadequate to handle Scott Walker’s fundraising efforts, taking over 12 hours to generate the report but we can at least take a look at the other two major candidates’ finances for the first 6 months of the year.

First up, Democrat Tom Barrett. On the surface, things look rather normal, with about $1.8 million raised from individuals, another $191,000 from “conduits”, a relatively-minimal $45,000 in “in-kind” donations, and $348,000 from PACs for a total of $2,390,821.96 raised. Because, unlike Neumann and Walker, he does not face a serious challenger (just a person whose campaign Christian Schneider describes as a “crazy train”), the campaign only spent a tick over $1 million, and has $2,894,232.24 cash on hand with just under $11,000 in unspecified obligations to US Bank and no outstanding loans.

There are, however, a few “gems” in the report. With the ongoing government takeover of health care, an unusually large number of health-care providers decided to donate to Tom Barrett in what appears to be a desperate attempt to be the last private health-care provider standing. I won’t hold my breath for the media to notice that Big Med, like Big Finance, has shifted their donations to Democrats.

Speaking of Big Finance, it looks like Barrett is the official candidate of M&I Bank, at least before Walker’s report became available. A couple pages’ worth of donations (mostly in the conduit section) came from M&I employees.

Another significant donation base for Barrett is the “unemployed”. Another failing of the CFIS system is the lack of sortability, but the best I can determine, somewhere around 2 dozen “unemployed” people donated at least $100, with at least 7 topping the $1,000 donation mark, despite a lack of employment. I’d like to meet their financial planners; I can’t exactly afford to drop $1,000 on anything.

That brings me to Mark Neumann. His campaign took in $294,230 in individual donations, $1,760 in “conduit” donations and $23,181 in “in-kind” donations, and Mark loaned the campaign $2,525,070 the first 6 months of the year. Campaign expenses of $2,758,625.49, including $880,000 in loan repayments (more on that in a bit), left the campaign with $1,059,922.73 cash on hand, with $2,721,120 in personal loans still outstanding.

JR Ross of WisPolitics notes there’s a discrepancy between what Neumann’s campaign staff released and what the report has. That stems from the decision by the PR flacks to effectively not count the $880,000 in “flash cash” Neumann loaned his campaign on 12/31/2009 to make his numbers work and took back on 1/4/2010, as that $880,000 paid back was replaced by fresh personal loans.

I have to give credit to Patrick Marley and Lee Bergquist of the Milwaukee Journal Sentinel for twigging onto the “flash cash”, though they didn’t quite expound on it. The quick explanation:

  • On 12/31/2009, the last day covered by the January 2010 continuing report, Mark Neumann loaned the campaign $970,000 to bring the total personal loan amount to $1,076,050.
  • That $970,000 represented almost the entirety of the $974,177.55 cash on hand at the end of the day 12/31/2009.
  • On 1/4/2010, after a minimal donation take and taking care of the expense of meeting the payroll, the campaign paid back Neumann $880,000 of that loan.

They also noted that Neumann loaned the campaign $1,000,000 on June 30, the last reporting day for this report. Once again, that represents almost the entirety of the cash on hand. However, since the campaign is in full-spending mode (as it should be), I don’t think we’ll find a “repayment” in the next report.

Finally, Scott Walker. His campaign took in just over $2.1 million in individual donations, about $222,000 in “conduits”, about $28,000 in in-kind donations, and just under $145,000 from PACs for a total of $2,589,997.95 raised. Campaign expenses of $2,016,721.81, including $101,090 in contemporary returned contributions and another $5,000 returned contribution initially made in 2005, left $2,571,774.80 cash on hand.

Speaking of those returned contributions, while the Walker campaign was the only one to specifically itemize returned contributions, the Barrett campaign noted that it returned some contributions in early July.

M&I appears to be playing both sides of the aisle, making significant donations to both Barrett and Walker. Again, the CFIS system does not allow for easy sorting of donations, so I cannot do more than a rough eyeball of the reports. The volumes of contributions are roughly equal between the two campaigns.

There is an oddity with the CFIS format of Walker’s report. Every other gubernatorial report that had multiple sources of individual donations had them in the order of monetary, conduit and in-kind (with Neumann’s loans appearing between the conduit and in-kind sections). That order on Walker’s report was reversed.

One more thing – there is exactly one active gubernatorial candidate people associated with Graef-USA donated to the past year, and it’s not Walker.

Wednesday Hot Read – James T. Harris’ “White Man’s Burden”

by @ 6:00. Filed under Politics.

James T. Harris lights up a local liberal racist who thinks he knows what being “black” means. I usually don’t bother with the local nutroots because personality conflicts aren’t worth it, but in this case I’ll make an exception because one of the co-bloggers over at Folkbum’s needed the smackdown. I’ll skip to the close:

Dear LORD! Is it 1950? Are we in Mississippi? Did I somehow get abducted from my home in Sherman Park’s Uptown Crossing, a predominantly “black” neighborhood, by the way… where I reside with my gorgeous, smoking hot “black” wife and my three brilliant and beautiful “black” children (though the Wizard might denounce the above as my phony black wife, phony black kids and phony neighborhood… he of infinite, all-knowing phony black wisdom)?

Seriously, my patience for this ridiculous liberal race dance has now run out. I’m black and conservative among many other things…

Get over it.

I don’t need any arrogant, liberal Euro-wannabe lefty or his surrogate telling me how to vote, think or talk. Earl and his “community” of listeners obviously do.

Dats why dey be Democrats!

July 20, 2010

Tuesday Hot Read – Christian Schneider’s “Jim Doyle’s Legacy, On One Page”

by @ 17:47. Filed under Politics - Wisconsin.

Christian Schneider absolutely disembowels a one-page press release from Gov. Jim “Craps” Doyle (WEAC/HoChunk-For Sale) reacting to the State Supreme Court smackdown of his $200 million theft from the Patients Compensation Fund. There’s so much goodness, it’s almost impossible to choose just one morsel to tempt you with, but I’ll go with the delicious irony that is the postscript:

As a postscript to all this, there’s a hidden portion of the Justice Prosser’s majority decision in the case overturning Doyle’s raid that deserves notice. In paragraph 58 of the opinion, Prosser cites a 1995 Attorney General’s opinion that points out the “longstanding view in Wisconsin law that trust funds are to be treated differently than general revenue, and that the state has less power to regulate the use of trust funds.”

The author of that quote?

Jim Doyle.

Do read the rest, from a reminder that Doyle had his eyes on the fund the moment he got into the governor’s mansion to the threat from Doyle to punish those that exposed the theft.

The term “trust fund” means something, even if it is a state government-run one

by @ 15:57. Filed under Politics - Wisconsin.

Revisions/extensions (5:03 pm 7/20/2010) – After reviewing the roll call vote for the conference substitute amendment version of the budget (i.e. the version that passed the Legislature) anid finding both then-Speaker Mike Huebsch and current Minority “Leader” Jeff Fitzgerald on the aye side, I added the Assembly “Republican” “leadership” to the scorn list.

The Wisconsin Supreme Court, in a 5-2 decision, ruled that the “transfer” of $200 million from the Injured Patients and Families Compensation Fund by governor Jim Doyle, Assembyman (and candidate for lieutenant governor) Brett Davis, the Legislative Democrats, and what passed for Assembly “Republican” “leadership” for the purpose of allowing general spending to increase by $200 million more than it otherwise could was unconstitutional as the fund had all three elements of a trust, and as named beneficiaries, the Wisconsin Medical Society and a specific doctor who joined the lawsuit have a constitutionally-protected property interest in and an equitable title to the assets of the fund.

The end of the majority’s discussion sums things up rather well (emphasis in the original):

¶99 In sum, any removal of money from the Fund for an improper purpose is an unconstitutional taking of the health care providers’ property interest in the Fund because it infringes upon their rights to the security and integrity of the Fund, to realize the Fund’s investment earnings, and to have excess judgments paid to proper claimants. When money is improperly taken from the Fund, the health care providers are deprived of their right to have that money managed on their behalf. Furthermore, any such removal of money will almost certainly result in an increase in health care providers’ assessments. If assessments are not raised, the solvency of the Fund is jeopardized, increasing the risk that the Fund will be unable to pay excess judgments. If the Fund becomes unable to pay excess judgments, the cost of those judgments will have to be borne by either the health care providers or the proper claimants, both of whom are the express beneficiaries of the Fund….

¶101 We would be hard pressed to say that the legislature could not discontinue the Injured Patients and Families Compensation Fund prospectively, provided that it honored all loss liabilities created up to the date of discontinuation. The Fund is not immutable in its present form. But we are frankly taken aback by the Secretary’s position that the legislature could discontinue the Fund and seize all its assets, save only those assets necessary to pay off existing claims, and renege on the loss liabilities to existing victims whose claims are not yet perfected. This is not only the logical extension of the Secretary’s position, it is the actual articulation of the Secretary’s position, both to the circuit court and before this court. A failure on our part to recognize the property interests at stake in the Fund would be an open invitation to the legislature to take money from the Fund at will.

¶102 We are sensitive to the changing needs of state government and the basic principle that one legislature cannot bind another. But that cannot mean that anything goes, that recognized property interests evaporate when the winds shift. The legislature created a “trust” for health care providers and their patients and families, and it pronounced that trust “irrevocable.” We take the legislature at its word.

The financial situation of the fund as outlined in the “Background and Procedural History” section of the majority opinion (starting at paragraph 23) is even more devastating than the mere “transfer” of the money. At the end of FY2007 (i.e. June 30, 2007), before Davis and the Legislative Democrats approved Doyle’s “transfer” of the money, the fund had a net asset balance of +$94.4 million on total assets of $798.5 million.

At the time the first transfer of $71.5 million from the fund to another fund that had been shorted $200 million in general funds was made in October 2007, there were not enough liquid assets in the fund to allow the transfer to happen directly. The fund temporarily borrowed $51.3 million from a third state fund to make it happen, with repayments including interest charges.

The same lack of liquid assets occurred when the second transfer of $128.5 million happened in July 2008. The fund owed $76.8 million to the State Investment Fund as of June 30, 2009, and had incurred $2.5 million in interest.

Also as of June 30, 2009, the fund had assets of $645.1 million, total loss liabilities (what the fund expects to have to pay out for incidents that occured prior to June 30, 2009 whether or not claims had been filed by that date) of $675.4 million, and a net asset balance of -$109 million.

Of note, that net asset balance of -$109 million is larger than the $100 million supplemental appropriation made in the FY2008-2009 budget in case the fund couldn’t cover the judgements it was designed to cover.

That’s right – the Patient Compensation Fund did not have the cash to give, but Doyle, Davis, and the bipartisan Party-In-Government stole the money anyway.

July 19, 2010

Bleg time

by @ 19:33. Filed under Miscellaneous.

No, not for me – I wouldn’t do that to you. R.S. McCain wants to blame Erik Telford in person for not getting a speaking gig at RightOnline, and he needs your cash. Since I’m the bastard that launched this round of #BlameErikTelford, I feel honor-bound to ask you readers to help Stacy make it out to Vegas along with Uncle Fred, a whole heap of friends, and me.

If you have the means, make it a large donation so he can actually fly out instead of zombie-driving with his 17-year-old son.

Government/UAW Motors and closed dealerships – an alternate take

by @ 15:53. Tags:
Filed under Business, Politics - National.

Most of my friends are seizing on the wrong aspect of the report on Government/UAW Motors’ closing of dealerships from TARP’s Special Inspector General. Private (or putatively private) enterprise, especially one in such bad financial shape that it is in bankruptcy, does not have a responsibility to be an employment-for-all agency. Indeed, government has neither the responsibility nor the authority to be an employment-for-all agency.

Rather, it’s the processes used by Government Motors and UAW Motors to shut down certain dealers, and the acceleration of the shutdowns ordered by the Obama administration’s Auto Team, that bear scrutiny. The report noted that the Auto Team ignored advice given by both the companies and outside experts that a rapid shutdown to match foreign car companies’ models might not be appropriate, “particularly in small markets in which the U.S. companies currently have a competitive advantage.” Indeed, both Chrysler execs and at least one outside expert told the Auto Team that shutting down dealers in the middle of a recession could hurt sales even worse and in such a way that it would take years to recover.

The report also noted that in the wake of legislated arbitration applying to both Government Motors and UAW Motors, a senior GM official stated that the final number of dealerships wouldn’t affect the recovery of GM. Taken together with the 216 GM dealerships restored (out of 1,454 cut) and 50 UAW Motors dealerships restored (out of 789 cut), the report “suggests, at the very least, that the number and speed of the terminations was not necessarily critical to the manufacturers’ viability.” At the same point, the report notes Ford Motor Company is closing dealerships at the rate GM had wanted to in its Treasury-rejected February 2009 restructuring plan.

Along the same lines, the report states that the lead advisors for the Auto Team, Ron Bloom and Steven Rattner, did not consider cost savings to be a factor in determining the need for dealership closures. You heard right – there was no business case made by the Auto Team to close the dealerships that were closed. Indeed, it was only after Congress demanded a cost-savings analysis that GM ginned one up out of whole cloth.

While UAW Motors appeared to follow its set of guidelines, the report noted that those guidelines included subjective elements such as choosing which dealers get to add product lines they previously did not carry and whether the market served was a “desirable” one as part of an implementation of Project Genesis (a pre-bankruptcy plan to have every Chrysler Group dealership carry every Chrysler Group brand). In at least one unnamed market, subjectivity cost the top-performing Jeep dealership its franchise in favor of a slightly-lower-performing Dodge dealership in the same market, with only the explanation that UAW Motors wanted the Dodge dealership and a pair of poorer-performing Chrysler/Dodge dealerships, to sell Jeeps.

Further, UAW Motors didn’t include an appeals process for those dealers axed. The stated reason was they wanted to be rid of those 789 dealers by the time they exited bankruptcy.

As for Government Motors, while the purported criteria for selecting their wound-down dealerships were all objective, the report noted that undeterminable factors outside those measures were used to wind down dealerships, including at least two dealerships who otherwise would not have been wound down. GM did not document why some dealers that met wind-down criteria were wound down while others were not, nor did they have complete criteria data for 308 of their then-5,591 dealerships.

While GM did have an appeals process for dealerships selected to be wound down, it was a criteria-free process. GM did not provide guidance for the data dealerships were to submit as part of their appeal, did not establish criteria for the review of the appeal, and did not document the reasonings behind the decisions to either grant or deny the appeal.

All in all, the report leaves the possibility that the closure of dealerships was, at least partially, driven by politics and especially the donation records of the principals of the dealerships, wide open.

Hope, change, a return to gravel roads

by @ 14:07. Filed under Politics.

(H/T – Purple Avenger)

The Wall Street Journal reports on the latest victim of the POR Economy – paved roads. With declining tax revenues and skyrocketing petroleum-based asphalt costs (left unmentioned except in the comments over at Ace of Spades HQ is the skyrocketing cost of government), more and more localities that are faced with rebuilding roads are simply completing the job of ruining the pavement and going to gravel roads.

I could look on the negative side (the dust that’s kicked up, the paint chips and cracked windshields from the flying gravel, the slower speeds and more numerous accidents forced by the uneven traction inherent in a gravel road, the more-frequent maintenance required, the increased likelyhood of a road closure after a good rainfall), or I could look at this as creating and saving a lot of road maintenance and auto repair jobs. Given I’m about to quote the Avenger’s close, guess which outlook applies:

Its all part of the Ogabe junta’s master plan to punish America and reduce the lifestyle gap between us and the 3rd world.

Monday Hot Read – Tom McMahon’s “Pomposity and Hypocrisy in Wisconsin”

by @ 13:40. Filed under Politics - Wisconsin.

I don’t know how many times I’ve told you to read 4-Block World, but it’s time to tell you again. Today’s 4-Block deals with the two Democrats running at the top of the ballot in Wisconsin and just one of their “do as I say” moments:

Once again, I’ve made the executive decision to shut down comments here.

July 17, 2010

Mid-July poll-a-copia part tres – governor edition

by @ 9:47. Filed under Politics - Wisconsin.

I wonder if semi-retired pro Bill Christopherson will continue to claim Rasmussen Reports is a Republican outfit after reading the mid-July Rasmussen update (Who am I kidding? Rasmussen could have Barrett up 20 points against both opponents and he’d still bash Rasmussen for being a Republican outfit.)

This round is quite a bit more favorable to Tom Barrett, who is looking to serve Jim Doyle’s third term. Barrett’s favorables improved from 42% favorable/44% unfavorable/-1 “Passion” Index (the very favorable percentage minus the very unfavorable percentage, and the favorability analogue to Rasmussen’s Approval Index) to 49% favorable/42% unfavorable/+1 “Passion” Index, and Doyle’s job approval rating improved from 35% approve/64% disapprove/-30 Approval Index to 40% approve/59% disapprove/-26 Approval Index.

The big loser was Mark Neumann, whose negative campaign is backfiring specactularly. His favorables slipped from 49% favorable/37% unfavorable/-3 “Passion” Index to 47% favorable/38% unfavorable/-5 “Passion” Index. That caused the head-to-head matchup against Barrett to flip from a 47%-39% Neumann advantage to a 45%-43% Barrett advantage, which represents both Neumann’s lowest support total and his first disadvantage in the campaign (the two were tied in late-April).

Neumann’s main target, Scott Walker, was relatively unscathed by the attacks the past few weeks. While his own 8-point lead against Barrett (49%-41%) was halved to 48%-44%, most of the movement was Barrett increasing his percentage from the pool of those who hadn’t made up their mind. Walker’s favorables were a mixed bag; while the favorable/unfavorable split improved from 51% favorable/35% unfavorable to 55% favorable/32% unfavorable, the “Passion” Index slipped from +14 to +11.

July 16, 2010

Behind the jobs numbers, Wisconsin edition

I’m sure you’ve heard the spin that the unemployment rate in Wisconsin dropped 3/10ths of a point to a seasonally-adjusted 7.9% last month, and that it was a full percentage point lower than that of June 2009. A deeper look at the numbers, however, show that it’s not because private entities are hiring, but rather people no longer even trying to look for work.

First, let’s take the seasonally-adjusted numbers for a comparison between May and June. While the ranks of the unemployed (or at least those who looked for work in the prior 4 weeks) dropped by 9,700, the ranks of the employed also dropped by 3,900. That means the civilian labor force dropped by 13,600, or 0.45%. Meanwhile, both private-sector employers (to the tune of 1,000) and government (to the tune of 7,200, half by the federal government as the temporary census workers were let go, the other half evenly split between state and local governments as the school year ended) shed a total of 8,200 jobs.

Next, let’s compare the non-adjusted numbers between June 2009 and June 2010. 41,600 (or 1.48%) fewer people were employed this June versus last June, and 39,400 (or 13.71%) fewer people were on the actively-seeking-work portion of the unemployment rolls, resulting in a civilian labor force drop of 81,000 (or 2.57%). The private sector cut 23,100 (or 0.98%) jobs, while government added 5,000 (or 1.17%) jobs. While state government did cut 3,200 (or 3.33%) jobs, the federal government grew by 4,400 (or 14.72%) and local government grew by 3,800 (or 1.26%). The only sectors that added jobs in the last year were mining (+300/9.38%), durable-goods manufacturing (+700/0.27%), admin support/waste management (+5,100/4.36%; some of which are likely local government), education (+3,000/6.16%; mostly state and local government), health care/social assistance (+4,100/1.12%; with a significant government component), and accomodation/food service (+4,800/2.09%).

Hopefully Wisconsin can survive the local version of the POR (Pelosi-Obama-Reid) Economy – the DDS (Doyle-Decker-Sheridan) economy until that troika leaves power in the state. I don’t think the state can survive another full year of this.

RIP, 1st Lt. Vernon Baker

by @ 9:36. Filed under Military.

(H/T – Brad Wilmouth)

Vernon Baker, the last living American of African descent to receive, well after the fact, the Medal of Honor for his service during World War II, passed away Wednesday. Baker initially received the Distinguished Service Cross, and ultimately received a well-deserved Medal of Honor for the following actions:

For extraordinary heroism in action on 5 and 6 April 1945, near Viareggio, Italy. Then Second Lieutenant Baker demonstrated outstanding courage and leadership in destroying enemy installations, personnel and equipment during his company’s attack against a strongly entrenched enemy in mountainous terrain. When his company was stopped by the concentration of fire from several machine gun emplacements, he crawled to one position and destroyed it, killing three Germans. Continuing forward, he attacked an enemy observation post and killed two occupants. With the aid of one of his men, Lieutenant Baker attacked two more machine gun nests, killing or wounding the four enemy soldiers occupying these positions. He then covered the evacuation of the wounded personnel of his company by occupying an exposed position and drawing the enemy’s fire. On the following night Lieutenant Baker voluntarily led a battalion advance through enemy mine fields and heavy fire toward the division objective. Second Lieutenant Baker’s fighting spirit and daring leadership were an inspiration to his men and exemplify the highest traditions of the Armed Forces.

I’ll let Brian Williams handle the eulogy (from Wednesday’s “NBC Nightly News”):

Friday Hot Read – Jeff Dunetz’ “We Have The “F” Word And The “N” Word. What About The Other Letters?”

by @ 9:08. Filed under Politics - National.

Jeff Dunetz lists the words that can now only be described by letter. I’ll give you a couple just to encourage you to drop in on his place (which is also why I disabled comments, which I usually only do when I “borrow” 4-Blocks from Tom McMahon):

  • “E” Word- Earnings, things that big businesses are no longer allowed to have
  • “H” Word- Hussein, (you know who’s middle name) as in the Israelis hate me because of my middle name
  • “O” Word- Oil, We bad Americans must be weaned of the stuff

Head on over to Jeff’s place for the other 23.

July 15, 2010

Mid-July poll-a-copia part deux

by @ 19:36. Filed under Politics - Wisconsin.

I am rather hesitant to talk about the latest Badger Poll on the gubernatorial and U.S. Senate races (#30 for those coming here after the next one comes out) for several methodology reasons, but since polling is the spice of political life, I’ll do it. The big problem with the poll is the University of Wisconsin Survey Center, which conducted the poll, took 31 days, between June 9 and July 10, to get to 500 adults (466 registered voters and 297 likely voters). 31 days is a couple of eternities in politics. This effect is especially pronounced in the Senate race, where Ron Johnson, the Republican candidate the pollsters asked about, had just started a major ad campaign. This is borne out through Rasmussen’s polling, where 32% of those surveyed at the end of May had not heard enough about Johnson to form an opinion. That number dropped to 24% at the end of June and 18% this week.

Related to that, the UW crew did not attempt to force anybody who did not express an immediate preference to choose a candidate, though they do promise to do so in the next poll. In the Senate race, a full 55% of all those surveyed, 51% of registered voters, and 38% of likely voters (the last representing a plurality) did not express an immediate preference. On the gubernatorial side, 52% of those surveyed, 48% of registered voters, and 37% of likely voters did not express an immediate preference.

The last major flaw is that the UW crew did not even attempt to separate Scott Walker and Mark Neumann in the head-to-head against Tom Barrett. Instead, the second half of the “who would you vote for” question used “one of the Republican candidates”.

Related to that, the while the actual head-to-head question did randomly rotate between the Republican and the Democrat, and the favorability question was similarly rotated among the people asked about, the Democrat was always named first in the lead-up to the head-to-head question.

I suppose I should start with the biggest bit of news – the partisan split. The difference between the overall split of 40% independent/other, 31% Democrat, 29% Republican and the the likely-voter split of 40% independent/other, 36% Republican, 24% Democrat (mentioned in the gubernatorial poll release) can only be good news for Republicans and bad news for Democrats. Indeed, a very-quick look back through the archives did not find a previous mention of the demographics of who the pollsters determined to be likely voters.

Among those relatively-few likely voters, Russ Feingold leads Ron Johnson 33%-28%. However, beyond the caution flags of the high undecided percentage and the lengthy time of the poll at a point where one of the candidates was still in the process of introducing himself, there is a third item – that lead is still within the 5.7% margin of error for the small sample size. Further, 87% of those surveyed and 80% of likely voters didn’t know enough about Johnson to form an opinion.

What can be inferred from the overwhelming preference for a Republican versus Tom Barrett for governor (overall 32%-15%, and 43%-19% among likely voters) is that Wisconsin simply does not want a third Jim Doyle term. It also shows that the anti-Milwaukee factor in Northern Wisconsin (defined by UW as pretty much everything north of Highway 33) is pretty much overrated, though most of those in Norther Wisconsin haven’t heard of any of the candidates. Walker’s favorability split in Southern Wisconsin is 33% favorable/20% unfavorable, and his favorability split in Northern Wisconsin is 17% favorable/7% unfavorable. Mark Neumann’s favorability split in the south is 18% favorable/16% unfavorable, and his favorability split in the north is 15% favorable/7% unfavorable. Tom Barrett’s favorability split in the south is 33% favorable/25% unfavorable, and his favorability split in the north is 23% favorable/13% unfavorable.

[No Runny Eggs is proudly powered by WordPress.]