**ALERT** Late Session Assault on Taxpayer Rights **ALERT**

The end of session is a good opportunity to amend into bills controversial issues that authors hope will go unnoticed in the hustle and bustle of hundreds of bills. A perfect example is AB 1546 (Calderon).

This is legislation that started off trying to resolve a situation where the state found itself on the losing end of a billion dollar court decision. The court found unconstitutional the LLC "fee" which taxed income from both inside and outside the state. The bill had problems from the start. While it correctly addressed the commerce clause violation by limiting income determination to in-state revenues, it also limited the LLC’s ability to be reimbursed from the state.

Late last week, however, AB 1546 was quietly expanded to limit the ability of all taxpayers — business and personal — to recover fees or taxes that are declared unconstitutional. What this bill means is that if the government of California unjustly taxes your income and it takes five years to have a… Read More

Apparently the prison guard’s union is skulking about the capitol, looking for some crony to carry a bill that will give them a big, fat pay raise. They’re unhappy with the near-$1 billion raise that the state has already offered them as part of contract negotiations.

Rather than keep negotiating, they feel entitled to circumvent the state entirely and just ask legislators for a check. It shouldn’t come as a surprise to anyone that I’m incensed by this flagrant abuse of power and access. But it might surprise you to know that another union, that of the California Highway Patrol -is also fed up with the infamous “Devil’s Deal” contract negotiated by the prison guard’s ultimate crony, Gray Davis.

The bill that CCPOA is floating is motivated by nothing but greed, greed and more greed. It keeps the tie to CHP salaries-nevermind that the union representing these dedicated, brave and hard working law enforcement officers wants nothing to do with CCPOA. This bill gives the equivalent of a whopping 23 percent salary increase over three fiscal years, to the tune of $882 million. And it will cost the state nearly $650… Read More

Amidst the steady stream of stories of ineffective bureaucracy, poor tracking, and management mishaps that cost the Los Angeles Unified School District (LAUSD) millions, we rarely see a story about the school district failing to pay its own. Just when we thought it could do that part of its job correctly, the LAUSD proves us wrong again.

According to The LA Daily News (August 27, 2007), "Seven months after Los Angeles Unified rolled out a $95 million computerized payroll system, school officials are prepared to pour at least another $37 million into the project to fix thousands of problems as [the district braces] for the start of the school year." We have become anesthetized to absurd figures concerning LAUSD’s waste, the United Teachers Los Angeles President explains, "[However, this situation is] an 8.9 on the Richter scale… It’s very bad[,] and it promises to get worse when [the] traditional school [year] starts." LAUSD’s interim chief operating officer explains that "the… Read More

Passing off of the Assembly floor again was the idea of microstamping an ID number on every bullet shell casing as it is discharged by a gun. This as an idea to solve crimes. Never mind that a conviction could never be upheld by finding a shell casing with your ID number on itat a crime scene…I hope.… Read More

Update: AB 8 passes tonight by a vote of 45-31…heading for the Guv’s guillotine. [After terms like health care being "a right" were used in the debate.] I wonder who has "the right" to then pay for that "right", the children of parents who have to spend even more time at work to pay for this "right" conferred by goverment to others?Does government have the answer when it is only willing to add to the mandatesthat drive upcosts, nottackle the cost drivers, the litigation, thediscouragement of competitition, the illegal immigrants receiving benefits not playing by the immigration rules? We are a compassionate people that will help the deserving. This isn’t the answer.

After passing out of the Senate earlier 22-17, with 2 Dem "no" votes, the discussion is now on our floor, of taxing businesses to pay for health care for all. The Guv has sent a memo out promising a veto on this measure. This discussion could go for an hour or two, with a known outcome. Maybe we can come back later and address what drives… Read More

For all you Capitol watchers out there, soon there will be a lot less to watch. Tomorrow could be our last full day legislatin’ plus a half day Tuesday. That’s the best guess floating around "the building." One bit had us coming back for Friday, which is the drop-dead last day for the ’07 portion of this2 year session, but I doubt it.

And then there is the possibility of the Guv calling for a special session to tackle perhaps health care reform [or, a majority couldjust cram an ultimate reformbillthrough during the last 40 hours from now!] or maybe a session tolook at a solution for water storage/Delta problems.

But then the legislature can just show up for the special session call, convene the applicable committee for a few minutes, adjourn, see you in January…we’ll see.

Then in January, in addition to new bill intro’s, all the 2 year bills will be back on the front burner, including stuff you thought was dead, [bills are like Jason-Friday the 13th, they just keep coming back, even after the end of a 2 year session, even when the author is termed out, they rise up and haunt you… Read More

For those curious – the California Republican Party has just taken positions on state ballots measures: the delegates unanimously opposed the Nunez-Perata Term Limits end-run! Delegates also voted unanimously to support the Jarvis-backed CA Property Owners and Farmland Protection Act. They – equally as important – opposed ACA 8, the legislative attempt to stop real eminent romain (both a legislative attemot and a potential initiative attempt). Also they supported an initiative to allow development of Nuclear Power plants, they supported a measure to allocate California’s Presidential Electors on a Congressional District basis, support for negotiated Indian Gaming Compacts (and opposition to a potential referendum to undo them), and support the Citizens Fair Districts Initiative.

Delegates unanimously opposed a measure to change funding for community colleges.… Read More

FR Publisher Jon Fleischman is at the California Republican Party’s Fall Convention, and so there is no commentary for today, Sunday. But look back in this spot for a new commentary Monday morning.

Care to read comments, or make your own about today’s Daily Commentary?

Just click here to go to the FR Weblog, where this Commentary has its own blog post, and where you can read and make comments.… Read More