1620 35th Ave. Suite K
Sacramento, CA 95822
916 399-5600

 

 
   President's Message by Joe Sullivan: 10-03

FOLLOW THE LAW!

Taxpayer's advocates constantly struggle to get elected officials, statewide and local, to obey laws when dealing with taxpayers dollars, as, unfortunately, there are officials who seem to believe their mission in life is to find ways to circumvent state Constitutional taxpayer protection safeguards for budgets, in approval requirements to sell bonds, and in any of the protections provided by Propositions 13, 62, and 218.

Such politicians lament that a simple majority should cover all decisions regarding everything from election of the President of the United States, to any issue regarding expenditure of taxpayer's money. Fortunately the giants that wrote and ratified the United States Constitution in 1791 recognized that power given by the people to government had to be strictly limited. The Cato Institute, in its analysis of the history of the Constitution, states, "In the end, however, no constitution can be self-enforcing. Government officials must respect their oaths to uphold the Constitution; and we the people must be vigilant in seeing that they do." However, it is unfortunately true that very few people really follow political activities or actions, and very few understand or are aware of what elected officials are doing with money citizens are forced to provide to support all levels of government. It is virtually only an alert media, and advocates in all taxpayer organizations that are constantly on guard to protect all taxpayers.

Last November, the Taxpayers League, after 4 years in the courts, succeeded in getting Sacramento County's illegally imposed Utility Tax, and their increase of the Hotel Tax, put before the voters, neither of which had been voted on as required by Proposition 62. The League did not argue against either in the ballot, as our quarrel was that they were illegal, not that they were not needed. Lacking opposition, the voters passed both. We have fought similar battles involving illegal use of so-called "In Lieu Franchise Fees" which were established by the County and City of Sacramento by fiat, but were actually taxes under the terms of Proposition 218. In those cases we convinced both County and City to put them before the voters, and they did so.

Now, at all levels of government there are many attempts being made to circumvent protective tax laws. The Howard Jarvis Taxpayers Association just blocked an attempt by the State to float a bond, which, with interest would cost state taxpayers about $2 billion in additional debt without voter approval. It was intended to cover the state's obligatory payment to the California Public Employees Retirement System. The state Constitution prohibits undertaking any debt over $300,000 without voter approval. Another is the infamous "Car Tax." The state calls it a "Fee", but it is a tax that provides no benefits for motorists. The money collected is used for general revenue purposes only. As such, when the state increased the "Fee" by a factor of three, it was actually a tax increase, which should be put before the voters. Many "Fees" are actually taxes. And those that look to property as a form of measurement, or whose value provides a guarantee, should be subject to approval or rejection by the public.

For 42 years, the League's mission has been to protect the taxpayer, and the challenges we are confronted with now are more widespread and intense then ever before in the state's history.

Joe Sullivan


<< Back to Index

 

Home | President's Column | Issue Papers | Tax Fax | Letters to Editors
Utility User Tax | Auburn Dam | Resources | League Directors

Officers

President
KEN PAYNE
Project Manager
Vice-President
JON COUPAL
President, Howard Jarvis Taxpayers Association
KATY GRIMES
Political Journalist
Secretary
DIANE SCHACHTERLE
ACRI, Director of Policy and Planning
Treasurer
THOMAS REAVEY
Analyst
Executive Director
BOB BLYMYER
 
 
 
Copyright © 2010 Sacramento County Taxpayers League, Sactax.org, All rights reserved.
Web Hosting by Midtown Micro