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http://www.propertyrightsproject.org/2008/03/06/michigan-passes-law-wiping-out-home-based-businesses/
Michigan Passes Law Wiping Out Home-Based Businesses
From Larraine Stanislaw, Michigan GAP Coalition:
In 2004, the Michigan Legislature passed a law (P.A. 495) placing new requirements on hundreds of businesses, and wiped out a whole industry of home-based businesses when the law took full affect in 2006. According to state records, 1,171 businesses were eliminated at that time. Some had served the public for over 20 years. These requirements were placed late in the legislative process into a bill funded by a powerful, politically connected special interest group that saw an opportunity to eliminate smaller competitors who couldn’t meet the burdensome new requirements placed on them. It was discriminatory and arbitrary in its effect, and resulted in a regulatory taking of property by preventing property from being used the way it was prior to the law’s passage. Without the state paying compensation to those who lost the use of their property, it also violated the civil rights of those affected. P.A. 495 set a dangerous precedent for all small businesses in Michigan. Placing requirements on businesses that standardize an industry and restrict free enterprise is a serious threat. Based on this action, any group of small businesses could be eliminated if targeted by larger competitors with the money and right political connections. The Mackinac Center for Public Policy published two reports documenting this law’s intent and its devastating results. An attempt is now planned to address this through the judicial system since two amendments to undue some of the damage were squashed because so much money was behind 495’s passage. The goal is to help the businesses affected, and prevent this from happening again by sending a message to the legislators that this type of action is unacceptable, damaging to the business community, and the state’s economy. Biersdorf & Associates, (www.condemnation-law.com), specialists in condemnation law have agreed to handle the case. Because small businesses with limited resources were affected, a trust account has been set up to assist in acquiring the funds to pay legal costs associated with the case. Those affected are appealing to groups and organizations that promote free enterprise and property owners’ rights for help. Michigan can’t afford to lose any more businesses! Documenting how P.A. 495 affected all of the businesses, and finding adequate legal representation has been a huge task. Now the statute of limitations may eliminate the ability to file this case at the end of 2008, so funding is urgently needed. If you can help in any way, it would be greatly appreciated. Also, if you think this issue would be of interest to others, please feel free to forward this article to them. If you wish to provide financial support, contributions can be sent to: Biersdorf & Associates 33 S. 6th. Street Suite 4100 Minneapolis, MN 55402. Checks or money orders should be made out to: Biersdorf & Associates Trust Account. Please mark your donation, “Michigan GAP Coalition Case.” Questions can be directed to: Larraine Stanislaw, Michigan GAP Coalition (810) 687-7678, Cell (810) 597-2262 Email: sbizconsult@netzero.net |
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Fri Mar 07, 2008 3:40 pm |
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andi03
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There goes my possible business of basic repair for headstones? I kid you not....weird business, but it's what I know. I have everything that I need, except customers, ones that are alive. 
Maybe I don't understand how this would affect me if I were to start one up.....oy. Since some of them may have to involve local jurisdictions...dunno. |
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Build a bridge and get over it! |
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Fri Mar 07, 2008 3:57 pm |
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Ted Jankowski
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I didn't read the Whole Public Act 495 from 2004... But, WHere did it place a requirement on all home based businesses??
http://www.legislature.mi.gov/(S(ojmwskiuklkcmv45yjo1tgzl))/mileg.aspx?page=getObject&objectName=2003-HB-4231 |
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Fri Mar 07, 2008 5:48 pm |
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Ted Jankowski
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I didn't read the Whole Public Act 495 from 2004... But, WHere did it place a requirement on all home based businesses??
http://www.legislature.mi.gov/(S(ojmwskiuklkcmv45yjo1tgzl))/mileg.aspx?page=getObject&objectName=2003-HB-4231 |
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Fri Mar 07, 2008 5:49 pm |
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Ted Jankowski
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I didn't read the Whole Public Act 495 from 2004... But, WHere did it place a requirement on all home based businesses??
[url]http://www.legislature.mi.gov/(S(ojmwskiuklkcmv45yjo1tgzl))/mileg.aspx?page=getObject&objectName=2003-HB-4231[/url] |
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Fri Mar 07, 2008 5:49 pm |
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Ted Jankowski
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http://www.legislature.mi.gov/(S(ojmwskiuklkcmv45yjo1tgzl))/mileg.aspx?page=getObject&objectName=2003-HB-4231
OK, I didn't read the whole thing? But, can you point out where it attacks home based business? |
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Fri Mar 07, 2008 5:50 pm |
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Ted Jankowski
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| OOPs what the hell happened? |
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Fri Mar 07, 2008 5:51 pm |
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andi03
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Hey Ted....I think that we got the message.  Joking!!!
My post did the same thing earlier today, could be a hiccup in the server or something, I couldn't log in earlier....<shrug>.
Andi |
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Build a bridge and get over it! |
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Fri Mar 07, 2008 11:00 pm |
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00SL2
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On the County Clerk's website these businesses are all shown at the same address and all are owned by a Stanislaw (3 by author of article posted above):
Grand Auto Plaza
Governmental Action Protection Coalition (Michigan GAP Coalition?)
Affordable Business Consulting
Advanced Business Concepts
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The Mackinac Center for Public Policy has info concerning property rights if anyone's interested in reading them; however, at a glance I didn't see any for PA 495.
http://www.mackinac.org/
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The Public Act referenced:
http://legislature.mi.gov/doc.aspx?2003-HB-4231
[Analyses and History also at this link, as well as 19-page PDF file of PA495 of 2004.]
House Bill 4231 (2003)
Public Act 495 of 2004 (Effective: 12/29/2004)
Sponsors James L Koetje - (primary)
John Stahl
Categories Vehicles, abandoned; Law enforcement, local police
Vehicles; abandoned; procedure for removal of abandoned vehicles; revise, regulate certain business practices of certain automobile dealers, and revise certain licensing procedures for individuals hauling hazardous materials. Amends secs. 14, 248, 249, 252a, 252b, 252d, 252e, 252f, 310, 319b, 319g, 320a & 732 of 1949 PA 300 (MCL 257.14 et seq.); adds secs. 79e & 252h & repeals sec. 252c of 1949 PA 300 (MCL 257.252c).
Last Action: 12/31/2004 - assigned PA 495'04 with immediate effect 2004 ADDENDA |
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Sat Mar 08, 2008 1:59 am |
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Ted Jankowski
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OK, But, I'm a bit dense on this... How does this an attack on home based business?
Someone posted this. I'm hoping they will explain it. The article doesn't really give any specfic details? |
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Sat Mar 08, 2008 8:25 am |
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Public D
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Not real familiar with this myself, Ted. Just saw it and thought I'd see if others knew more about it. I'm sure this lady could fill in some blanks:
Questions can be directed to: Larraine Stanislaw, Michigan GAP Coalition (810) 687-7678, Cell (810) 597-2262 Email: sbizconsult@netzero.net |
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Sat Mar 08, 2008 2:37 pm |
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Adam
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http://www.michigan.gov/sos/0,1607,7-127--115457--,00.html
I think it has to do with where your books are kept and titling or something. This is the kind of b.s. Businesses have to worry about times 100 other communist/socailist ones. I think Two men and a truck may have even been affected by this or something similar. This is why most business people are Republicans because Republicans are generally against this type of protections against jobs.
This is similar to the types of ordinances Flint uses to protect us from evil home base businesses that destroy neighborhoods. I'm a bit of a right wing extremist but we really need to repeal some of our 100's of pages of anti-freedom ordinances. I'm not even sure how many I have broken. Probably at least two or three. I'm pretty sure it's illegal to even do various home repairs without permission from the master. (city of flint) |
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Sat Mar 08, 2008 9:55 pm |
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00SL2
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Sun Mar 09, 2008 2:01 am |
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