Opinion: Keep fighting the fire ‘tax’
By George Runner
For the second time in as many years, California is mailing hundreds of thousands of fire tax bills to rural Californians who live in the so-called State Responsibility Area. The bills are hitting mailboxes even as the class action lawsuit I’m backing has finally received a green light to move forward.
As Jon Coupal of the Howard Jarvis Taxpayers’ Association is fond of saying, “the wheels of justice grind slowly.” Although I believe the lawsuit against the fire tax will ultimately prevail, it appears the trial won’t be until next year at the earliest.
George Runner
Delayed justice means that hundreds of thousands of rural Californians, whether they can afford it or not, must write another check for up to $150 per habitable structure to the state of California to pay this unfair and unjust tax.
Given the confusing and controversial nature of this tax, I’m sponsoring a series of regional telephone town hall meetings to give impacted taxpayers — many of whom are senior citizens living on fixed incomes in mobile homes—an opportunity to receive information and voice their questions and concerns. To date, more than 2000 taxpayers have participated. (See calfirefee.com for recordings and details on upcoming calls.)
Taxpayers are speaking out loudly and clearly. The following are just a few examples of what they’re saying:
“I live on only Social Security—that’s all I get, and its already very difficult for me to make ends meet.”
“I’m 81 years old, and I live on Social Security… I’m unable to work, and I can’t afford this… I don’t have the money to pay it.”
“I was so afraid from what the letters were saying that if I didn’t get it in right away, somehow I was going to lose my property… This year I don’t have the money… I understand from what I’m hearing that there are lots and lots of seniors that are in my position.”
Many taxpayers wonder who is responsible for this unfair and regressive tax. The answer is simple: the Governor and Legislature. And at the risk of sounding partisan, the bill was passed entirely by Democrats without a single Republican vote.
By now they could have repealed this tax, saving rural Californians another year of pain. It’s inexcusable they haven’t—especially now that the state is awash in billions of new voter-approved tax revenues.
As you may recall, the Legislature enacted the fire tax to backfill funds it raided from CalFire. They disguised the tax as a fee, passing it on a simple majority vote in direct violation of California’s constitutional two-thirds vote requirement for new taxes.
Not only have the governor and Democratic lawmakers passed up opportunities to repeal the fire tax, they’ve also failed to make even the most modest and common-sense reforms to this flawed law.
One stalled bill would have exempted low-income Californians, including most seniors on fixed incomes.
In addition to taxing its poorest citizens, the state is also imposing a 20 percent per month penalty on those who can’t pay after unsuccessfully appealing their bills. That’s not a typo — the interest is 20 percent per month.
Once the lawsuit prevails, taxpayers should get back every cent they’ve paid plus interest. But unfortunately the state won’t guarantee that outcome.
The judge presiding over the case has indicated that if the lawsuit prevails those who failed to file timely appeals may not be eligible for refunds.
So if you live in the State Responsibility Area for fire prevention, you should pay your bill and immediately file an appeal for your own protection. (For instructions on how to appeal your bill, see calfirefee.com.)
Paying and appealing not only protects your chance at a refund, it also protects you from government tax collectors. Those who don’t pay could face steep penalties and interest and other collection actions in the future.
I don’t like this tax either. But there are better ways to protest it than by not paying your bill. Support the lawsuit. Demand that the Governor and Legislature end this injustice. Contact your friends and family members and urge them to do the same.
And be assured, until the courts strike down this illegal tax, I’ll continue to fight it for the sake of all rural Californians.
George Runner represents more than 9 million Californians as a taxpayer advocate and elected member of the State Board of Equalization.
You know, you talk an awful lot about rights but not about responsibility. You didn’t mention one word why this tax was considered or why it would be necessary. After seeing videos of the Rim Fire, and the high cost of fighting it, I feel it’s in our own self-interest to contribute. If a fire threatened my home, I don’t want to think, “Well, at least I saved money by not paying the fire tax.”
Then maybe you should talk to the governor about NOT taking the money OUT of CDF’s budget. Because that’s exactly what he’s doing. The amount projected to come into CDF’s budget from this “fee” is being taken out of their budget from California’s general fund, and is instead being used for other political purposes. The amount CDF gets will not increase.
Read the fine print on the petition and claiming that this is is an illegal tax is NOT an optional dispute. So much for filing a dispute in hopes of getting your money back! Just more political double talk.
I do not mind paying the fee of $115.00 if this
will help in any way to protect our forest’, Homes and saves lives.
But……I do mind if this collected fund is used for
anything else but protecting our land.
20% seems really high…. until you realize it is $3.00 a month or $36.00 per year. Last I checked, in a representational Democracy, it doesn’t have to be YOUR party that passes a bill. I have had to comply with plenty of Republican backed laws that I find wrong.
Is it really just $36 a year interest? Or do they add the interest onto the initial amount and tack that 20% on top of the added interest? That’s how the govt usually does it. It becomes astronomical really quickly.
I’m paying it. But always under protest. Can’t even write it off on our Federal taxes because they’re calling it a fee instead of a tax. Which is (another) lie.
Please be aware that this article is from teabagger blowhard propagandist George Runner and the infamous Howard Jarvis hate gubmint tax avoidance group that brought California the economic ravages of Prop. 13.
I have some advice for all those that disagree with any and all revenue increases to pay the price of admission to live in California: Texas is You!
So, BB, you think we are undertaxed in California? Really? Even though they keep finding millions that agencies have squirrelled away or outright embezzled? Even though government employees are retiring at 55 with six-figure pensions while we in the private sector have to work till we’re 70? While legislators go off on junkets to 5 star hotels on the tax-payer dime, you still think California was ravaged by prop 13?
Dogula,
I don’t think most individuals are undertaxed in California. I think tax laws and collections should be changed drastically.
Prop. 13 was/is a nightmare that only a diverse economy like our state possesses can overcome. Thankfully we are on our way to replacing it with a more equitable tax structure.
P.S. You can have the last word because I know that makes you feel better about being wrong all the time.
You know Bijou Bill, I strongly, very strongly, disagree with your point about the taxation level of Californians. But, that’s your opinion. And I respect your right to make your argument!
So why you have to throw that P.S. in is beyond me? And believe me, weakens your argument!