Initiative Update:
Majority-Vote Tax Measure, Effort to Stop Hidden Taxes and Business Tax Hike Initiative All Qualify for November Ballot

Three broad-based initiatives that would significantly change budgeting and taxation in California qualified this week for the November ballot. The initiatives include a measure co-sponsored by Cal-Tax to stop hidden taxes (those that are disguised as "fees" or "charges"); a union-backed initiative that would increase taxes on businesses by repealing recent business incentives; and an initiative that would allow the Legislature to pass the budget – and increase taxes included in budget trailer bills – by a majority vote.

The deadline for qualifying initiatives for the November ballot was June 24, and the secretary of state reported that nine initiatives will be on the ballot, along with a major water bond placed on the ballot by the Legislature.

The effort to make it easier to raise taxes by lowering the legislative vote threshold (09-0057) is backed by government employee unions. The initiative would allow the state budget to be passed by a majority vote, rather than a two-thirds vote, and also would allow this lower threshold for any taxes included in a budget trailer bill. The initiative also would eliminate the right that voters currently have to repeal certain types of legislation through the referendum process.

Cal-Tax President Teresa Casazza said: "Politicians and special interests responsible for our massive budget deficit know that Californians don't support increased taxes and spending, so they're promoting this misleading ballot measure to raise taxes and take away our constitutional right to reject bad legislation at the ballot box."

The Stop Hidden Taxes Coalition, co-chaired by Cal-Tax and CalChamber, is leading the effort to defeat this proposal. The coalition includes a large number of taxpayer groups, business organizations and small business owners.

In related news:

Stop Hidden Taxes Initiative Qualifies for November Ballot. The initiative to stop hidden taxes (09-0093) would require a two-thirds vote of the Legislature to impose or increase taxes disguised as "fees," "charges" or other similar exactions. The measure continues to allow for legitimate user fees to be approved by a majority vote.

Supporters say the initiative will stop the most egregious attempts by legislators to circumvent Proposition 13's two-thirds vote requirement for tax increases. For more information on the initiative, visit www.nomorehiddentaxes.com

Cal-Tax President Teresa Casazza said the initiative is very important to taxpayers. "The ongoing behavior of disguising taxes as fees at both the state and local level must end," she said. "If allowed to continue, these tax-like fees will inappropriately add to the tax burden faced by taxpayers. It will cost taxpayers more when they take their families out to dinner, it will cost taxpayers more every time they fill up at the pump and it will cost taxpayers more when they register their vehicles."

The measure has obtained a wide range of support from such groups as the CalChamber, the California Manufacturers and Technology Association, the California Business Properties Association, the National Federation of Independent Business, the California Grocers Association, the California Retailers Association, the Wine Institute, and the Howard Jarvis Taxpayers Association.

Tax Hike On Employers Will Be on November Ballot. The California Teachers Association was successful in qualifying an initiative (09-0058) that would increase taxes on employers by repealing business incentives approved in recent budgets. The initiative would prohibit businesses from carrying back losses, would cancel a recent law intended to increase utilization of economy-stimulating tax credits, and would require a corporation's tax formula to be based on payroll (making it more expensive to expand or create jobs in California, and creating a disincentive for offering pay raises to California workers).

Cal-Tax President Teresa Casazza said voters should reject the Jobs Tax Initiative. She said: "This measure would tax companies for creating new jobs and give the money to Sacramento politicians without guaranteeing that one penny will reach our classrooms. Combined, the impact of the Jobs Tax Initiative would be to encourage companies to expand outside California, force some small businesses to close shop and stifle job growth in the very industries we are counting on to help pull California out of the recession and provide tomorrow's high-paying jobs."

A broad-based coalition called Stop the Jobs Tax has been set up to oppose the measure. The coalition includes many local chambers of commerce, taxpayer associations, businesses, high-tech employers, green job creators, as well as TechNet, TechAmerica, the California Manufacturers and Technology Association, California Building Industry Association, the Silicon Valley Leadership Group, CalChamber, and Cal-Tax.

Initiative to Repeal Independent Redistricting Qualifies for November Ballot. An initiative (09-0107) to repeal the independent redistricting process approved by voters in 2008 has qualified for the November ballot. If approved, the measure would authorize the members of the Assembly and Senate to draw their own districts, as well as the districts for Congress and the Board of Equalization – re-establishing the conflict of interest that was eliminated by the creation of an independent redistricting commission.

As of 5 p.m. on June 24 – the deadline for measures to qualify for the November ballot – the secretary of state's website did not show this measure as qualifying. Later in the evening, however, Secretary of State Debra Bowen announced that the measure had qualified.

Initiative to Suspend Global Warming Legislation Qualifies. An initiative (09-0104) that would suspend state laws on global warming will appear on the November ballot. If approved by voters, the initiative would suspend implementation of AB 32, the landmark 2006 legislation that requires the state to reduce its emissions to 1990 levels by 2020, until unemployment in the state is reduced to 5.5 percent or less for four consecutive quarters.

Cal-TaxReports, June 28, 2010

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