Tax time

Jun 12, 2008

""Senate Democratic leaders Wednesday proposed an $11.5 billion tax increase to solve the state's budget gap - more than double the tax increase proposed by their counterparts in the Assembly," reports Edwin Garcia in the Merc News.

"The larger tax proposal stems from the decision by Senate officials to resist counting on an expanded lottery, which would have to be approved by the Legislature this summer and go before voters in November, to increase revenue for the fiscal year that starts July 1.

"Senate President Pro Tem Don Perata, D-Oakland, and his chief budget negotiator, Denise Moreno Ducheny, D-Chula Vista, rejected plans to count on an expanded lottery, proposed by Gov. Arnold Schwarzenegger, before voters approve the concept.

"'How do you do something in November that's supposed to help you on July 1 of this year?' Perata asked at a news conference where he repeatedly criticized Schwarzenegger's plan to close the $15.2 billion deficit. 'What's wrong with his budget is, it doesn't fund next year. His proposal on the lottery simply is prospective.'

"Under Schwarzenegger's proposal, if the lottery plan fails at the polls, a backup 1-cent sales tax would take effect.

"Schwarzenegger's spokesman defended the proposal and said the governor is glad Senate Democrats "finally put some ideas on the table," but rejected the call for taxes. 'We believe that Californians are sending enough of their money to Sacramento,' said Press Secretary Aaron McLear, 'and we ought to live within our means.'"

 

Capitol Weekly's John Howard reports how a gubernatorial veto which benefitted Michael Peevey could cost the state $3 billion.

 

"When Gov. Arnold Schwarzenegger used his veto power to eliminate the obscure Electricity Oversight Board, he put at risk $3 billion in state funds – money due the state from settlements with power merchants who victimized California during the electricity crisis.


"The governor’s 2007 action removing the EOB also means oversight over the state’s electricity grid is likely to be placed under the control of the PUC, which would entail a significant expansion of the authority of the Public Utilities Commission.  


"This maneuvering comes amid an intensifying power clash between the Legislature and the Public Utilities Commission, led by president Michael Peevey.

 

"Now that the EOB no longer exists, it is unclear what will happen to those settlement payments. That has gotten the attention of the attorney general’s office, and Democratic lawmakers.


“The A.G. (attorney general) had been trying to work around the absence of an EOB signature. However, the settlements are at risk of falling through…,” Assemblyman Lloyd Levine, the head of the Assembly Utilities and Commerce Committee wrote the governor.

 

“The longer the EOB is absent, the amount at stake will continue and may reach the hundreds of millions of dollars in losses to ratepayers. The PUC estimates the total outstanding claims that ratepayers won’t recover as ‘up to $2 billion.’ The AG quantifies the total outstanding claims plus interest as exceeding $3 billion.”

 

Capitol Weekly also looks at a telecom bill, authored by Sen. Alex Padilla, that had many Democratic Senators and staffers whispering.

 

"Over the last two months, Sen. Alex Padilla, D Los Angeles, guided  a controversial bill through the Senate committee process, with some help from Republicans and moderate Democrats. But Senate leader Don Perata intervened, citing a breech in senatorial decorum, and exiled the bill to legislative purgatory.


"The story of SB 1389 ultimately shows the power the Pro Tem has over the Senate. It is also a story about Padilla, a former president of the Los Angeles City Council and Sacramento freshman, who was tagged as a rising star even before he took office. The bill’s Senate journey also raises issues of what some Senate observers say is an evolving set of rules of etiquette in the post term-limits era.


"Senate sources say Perata killed the bill because its passage violated a fundamental rule of the Senate – defer to the committee chairmen. Padilla says he was in constant communication with the heads of both committees that heard the bill – Senate Energy Chairwoman Christine Kehoe, D-San Diego, and Appropriations Chairman Tom Torlakson, D-Antioch – and that any breach of etiquette was accidental.

 

" “There wasn’t a step during the process at any point where I wasn’t in full communication with my colleagues, especially the chairs of the two committees as well as the pro tem’s office,” Padilla said. 

 

CW's Malcolm Maclachlan features the woman who is the self-described gatekeeper of state governing boards.

 

"Julianne D’Angelo Fellmeth might be the Zelig of state professional boards. Along with her husband, Robert Fellmeth, and the organization he founded 28 years ago, the Center for Public Interest Law (CPIL), she is on a quest to change the way professional boards are governed in California: more transparency, more public input, and stronger disciplinary enforcement against professionals who break their code of conduct.


"To their critics, the Fellmeths and CPIL are opportunists with little understanding of the professions they’re meddling with—and who sometimes end up harming the public they claim to protect. Others question CPIL’s importance, dismiss them as media hounds, or say the group is mainly pursuing lucrative contracts to monitor the very type of aggressive enforcement they’re pushing. The Fellmeth’s critics among professional organizations are many. Their critics who will speak on the record are far fewer in number—something that some attribute to the sway the CPIL holds over several legislators and boards." 

 

George Skelton looks at California Forward's recommendations for budget reform.

 

"* Requiring new or expanded programs -- whether created by the Legislature or ballot initiative -- to contain a specific funding source. That could be either new taxes or money gleaned from another program that is eliminated.

"* Regularly examining spending programs to determine whether they should be revised, reduced or rubbed out.

"* Also regularly reviewing tax loopholes to see if they're still needed: "Treat tax breaks like spending."

"* Creating a rainy-day fund fed by unexpected tax gushes. When revenue dwindles, dip into the fund. Or use it for one-time public works projects or even tax rebates.

"* Modernizing the tax system "to reflect the contemporary economy." Extend the sales tax to services while reducing the overall tax rate.

"* Focusing on multiyear spending plans, rather than merely passing one-year budgets.

"* Granting more power and responsibility to local governments.

"* Changing the two-thirds majority vote requirement for budget passage. It wasn't suggested what the vote should be, but any change must be tied to 'other reforms designed to improve performance, accountability and public trust.'"

 

"The reformers are prepared to take their proposals to the ballot in 2010 if they're ignored by the Legislature. But they're hoping the lawmakers will adopt at least incremental changes. A good time to start will be during this summer's budget negotiations. The reforms could "give Republicans a little comfort on spending and how tax dollars are used," Panetta theorizes.

"But first the politicians have to start talking to each other.

"Here's a suggestion: Turn off the BlackBerrys and cellphones.

"Better yet, lock them in a desk. Look people in the eye. Smile. Sit down and deal."

 

The Bee's Peter Hecht reports that, like the budget deadline, the cell-phone law deadline is quickly approaching.  "Beginning July 1, adult drivers in California can be pulled over and ticketed if they are spotted talking on a hand-held phone. And things will get even tougher for teenagers.


"Drivers under 18 using any cell phone – including hands-free devices that will still be allowed for adults – risk getting a ticket. Violations for both adults and juveniles will carry fines and penalties totaling $76 for a first offense and $190 for a second offense."

Don't worry, reading The Roundup on your iPhone while driving is still allowed.

"The new phone use laws are being hyped with fanfare and finger-wagging by Gov. Arnold Schwarzenegger and top state law enforcement officials. At a Capitol news conference, the governor boasted of setting his two daughters straight, warning: 'If I catch them driving with cell phones in their hands or making any calls, the car will be gone and the cell phone will be gone.'

 

"Some researchers question whether the governor's tough love or law enforcement's pledge to begin ticketing drivers as the laws take effect can curtail Californians' cellular chatting behind the wheel.

"A study by the Insurance Institute for Highway Safety released Monday said cell phone use among teenage drivers in North Carolina had actually increased five months after that state banned calls from cars for teens in 2006."

 

"California Gov. Arnold Schwarzenegger on Wednesday announced a plan to prevent oil spills such as the one in San Francisco Bay last year - but ignored a package of bills developed by Bay Area lawmakers after emergency public hearings," writes Steve Geissinger in the Merc News. 

 

"Schwarzenegger said in a statement that his plan provides "the tools we need to prevent another devastating oil spill of the magnitude we saw last fall."

"Assemblywoman Loni Hancock, D-El Cerrito, called the plan nothing but "window dressing" on serious shortcomings in the state oil spill prevention and response efforts.

"In November, the Cosco Busan cargo ship struck the San Francisco Bay Bridge, spilling more than 53,000 gallons of thick oil into the bay, fouling waters and killing wildlife. The Republican governor's plan will make changes in agencies' administrative procedures, as well as support two bills that deal with inland oil spills and another that ensures first-responder training."

 

"Sales of flavored malt beverages like Smirnoff Ice and Barcardi Silver will be taxed as if they were distilled spirits rather than beer under new rules that take effect this fall, a state tax agency said Wednesday," reports Andrew McIntosh in the Bee.

 

"London-based Diageo PLC, one of the world's biggest players in the sector, vowed in a statement that it will sue to have the rules overturned.

"The decision by the Board of Equalization comes after a two-year policy review, divisive public hearings and state agency infighting. It is expected to generate about $41.4 million in taxes for state coffers every year, Board of Equalization spokeswoman Anita Gore said.
 
"For consumers, it could mean hefty price increases for the popular alcoholic drinks, sometimes called "alcopops."

"The board approved the new regulations April 8 to clarify the definition of "distilled spirits" under California's Alcoholic Beverage Tax law."

 

Well, you can probably thank the struggling economy. But it looks like many California high school seniors are choosing to go to public school. The Chron's Tanya Schevitz reports on the booming enrollment at the University of California.

 

"More than half the freshmen offered admission to the University of California's nine undergraduate campuses have said they will come in the fall, giving the university its largest first-year class in history.

 

"According to figures released Wednesday, 39,212 of the 76,875 applicants granted admission have filed a statement of intent to register with the university for fall. That's 51 percent.

 

"The university is very pleased that we were able to admit so many students. It was a very positive outcome," said Susan Wilbur, UC's director of undergraduate admissions. "All of the campuses met their enrollment goals."

With the addition of new majors and the opening of more classroom, recreation and housing facilities, UC Merced saw a dramatic increase in the number of students who said they plan to attend, growing from 701 last year to 1,069 this year, she said.

 

"A closely watched obscenity trial in Los Angeles federal court was suspended Wednesday after the judge acknowledged maintaining his own publicly accessible website featuring sexually explicit photos and videos," reports Scott Glover in the Times. 

 

"Alex Kozinski, chief judge of the U.S. 9th Circuit Court of Appeals, granted a 48-hour stay in the obscenity trial of a Hollywood adult filmmaker after the prosecutor requested time to explore 'a potential conflict of interest concerning the court having a . . . sexually explicit website with similar material to what is on trial here.'

"In an interview Tuesday with The Times, Kozinski acknowledged posting sexual content on his website. Among the images on the site were a photo of naked women on all fours painted to look like cows and a video of a half-dressed man cavorting with a sexually aroused farm animal. He defended some of the adult content as "funny" but conceded that other postings were inappropriate.

"Kozinski, 57, said that he thought the site was for his private storage and that he was not aware the images could be seen by the public, although he also said he had shared some material on the site with friends. After the interview Tuesday evening, he blocked public access to the site.

"Kozinski is one of the nation's highest-ranking judges and has been mentioned as a possible candidate for the U.S. Supreme Court. He was named chief judge of the 9th Circuit last year and is considered a judicial conservative on most issues. He was appointed to the federal bench by President Reagan in 1985.

 

"Among the sexually explicit material on his site that he defended as humorous were two photos. In one, a young man is bent over in a chair and performing fellatio on himself. In the other, two women are sitting in what appears to be a cafe with their skirts hiked up to reveal their pubic hair and genitalia. Behind them is a sign reading 'Bush for President.'"

"'That is a funny joke,' Kozinski said."

 

'Nuff said. 


 
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