Opposition to Part-Time Legislature Initiative

The same populist backlash that brought us term limits now want to give California a part-time Legislature. But an opposition group is forming, says the Sacramento Bee (here). To improve the measure's chances, the initiative now includes an always-popular legislative pay cut. It probably passes the single-subject rule, but just makes a bad idea worse.

Sweeping Tax Changes?

The Sacramento Bee reports here on the "Commission on the 21st Century Economy," another attempt to escape the messiness and difficulty of political change. The majority seems willing to sacrifice tax progressivity in exchange for decreasing volatility. No mention in the article of a "split roll" that would eliminate Prop. 13's benefits for commercial property. Here is the corresponding report from the Los Angeles Times.

Little Support For "Major" Constitutional Changes

That's what the PPIC reports, according to this story from the Los Angeles Times. There's more support for lowering the number of legislative votes necessary to pass a budget and for the creation of a property tax "split roll." Here is a link to the PPIC report itself.

HJTA Seeks To Change Assessment Ballot Procedures

Here is a link to an article by the Howard Jarvis Taxpayers Association on SB 321, a bill it has sponsored to "increase transparency" in assessment elections. It has been approved by the Legislature. Here is a link to the bill.

Another Los Angeles Times Article On The Con-Con

This one (here) focuses on Repair California. The convention process is long and complicated. What else is new?

Insurance Commissioner Sues To Halt Sale Of SCIF Assets

One of the ways in which the State is attempting to raise funds for this year's budget is the sale or other disposition of assets belonging to the State Compensation Insurance Fund (SCIF), the workers' compensation insurer of last resort in California. Believing that these assets may only be used for purposes related to workers' compensation, Insurance Commissioner Steve Poizner has filed a lawsuit to stop the sale or other disposition of SCIF assets. A copy of the Petition/Complaint is here. The principal thrust of the complaint is that the sale violates Article XIV, Section 4 of the California Constitution, which requires the Legislature to establish a "complete system of workers' compensation. The Complaint also alleges a violation of Article II, Section 10(c). Howard Rice is representing the Commissioner, along with Adam Cole, Chief Counsel for the Department of Insurance (DOI), and several other lawyers from the DOI.
ps. Here is an article on the lawsuit, from last Friday's Los Angeles Times.

Right To A Jury In Tax Refund Actions

In Franchise Tax Board v. Superior Court (here), the Court of Appeal held that a taxpayer in a tax refund action has the right to a jury trial. Under the California Constitution, whether a party in a particular action has a right to a jury depends on whether an anologous cause action would have cognizable in the common law courts in 1850, when the first California Constitution was adopted. Because taxpayers could sue tax collectors for a refund at common law before 1850, and because the relief sought is monetary rather than equitable, the right to a jury trial attaches to the modern day statutory tax refund action.