AB 1 allows for all children to have health coverage in California by expanding Medi-Cal and the Healthy Families Program (HFP) to cover families with income up to and including 300% of federal poverty limit (FPL). Based upon current federal poverty guidelines, this means that a family of four making $60,000 annually would be eligible. The Assembly Appropriations Committee estimates this bill will cost $300 million by 2009-2010.

Beginning July 1, 2008, AB 2 would force health insurers to pay into a state-run health insurance program, the Major Risk Medical Insurance Program (MRMIP). To be eligible for these funds, an individual would have to be rejected by at least two private health plans.

AB is the Assembly Democrats' version of health care for all Californians. This bill would, beginning January 1, 2009, create the California Cooperative Health Insurance Purchasing Program (Cal-CHIPP), which would require employers to provide for health insurance care to employees either through providing a minimum of 7.5% of Social Security wages or through paying into the Cal-CHIPP pool. AB 8 would also require various state agencies to adopt regulations to ensure that 85% of health care fees, co-payments, etc., are spent on health care services and not on administrative costs.

AB 12 (Beall)

AB 12 would authorize the creation of a pilot program for adult health coverage in Santa Clara County. Small businesses with fewer then 5,000 employees would be allowed to participate, and it would be limited to those making 300 percent of the poverty level.

AB 21 (Jones)

Beginning January 1, 2008, this bill would conform the federal earned income tax credit (EITC) to California codes by multiplying the federal tax credit by 15 percent and subtracting the alternative minimum tax from that amount.

HJTA is concerned about the potential for fraud and low eligibility requirements for the EITC. Currently, individuals with taxable incomes up to $34,000 can qualify for the credit. The subsequent increase of individuals and families in the program has led to large scale fraud and abuse. According to a 2005 Government Accountability Office (GAO) study, up to one-third of the $30 billion appropriated annually for the program could be going to individuals who don't qualify for it. Before the EITC is conformed to California codes, these risks to taxpayers must be addressed.

AB 36 (Niello)

Would make it a crime for an individual to make false material statements regarding retirement system benefits such as California's Public Employee Retirement System (PERS) and would also make it a crime to knowingly accept benefits from a retirement system to which someone is not entitled. Penalties include one year in county jail and/or a fine. At the court's discretion, restitution may also be ordered.

AB 56 (Ma)

Creates a cabinet-level position of Secretary for Poverty, appointed by the Governor. The Secretary would determine the efficiency of those agencies and departments that administer anti-poverty programs and report these findings to the Governor and Legislature. HJTA believes another layer of government is unnecessary and will not lead to more efficient programs to help the poor. The result of this bill will simply lead to another study that gathers dust on a shelf.

AB 118 is the funding vehicle to implement provisions in last year's greenhouse gas bill, AB 32. Among many items, this bill would create the Air Quality Improvement Program to fund air quality improvement projects relating to fuel and vehicle technologies. However, this would require a litany of additional fees to fund the program. These include: increasing vehicle registration fees from $31 to $33, increasing boat vessel registration fees from $10 to $20 and from $20 to $40 (depending on the boat), increasing specified service fees for identification plates from $15 to $20, and increasing driver's license fees from $24 to $25. The bill would also increase smog abatement fees from $12 to $20, and would require half of the additional revenue generated by that fee increase to be placed in the above program.

AB 152 would allow individuals to set up a prepaid tuition fund that would set the value of tuition units at University of California (UC) schools at the time of sale as a fraction of current charges and redeem those units as an equal fraction of UC charges in the future, regardless of how much tuition may have increased in that intervening time period.

AB 167 (Bass)

Current law states that a low-income family will not qualify for CalWORKs assistance if the family has savings or other assets, excluding a home or vehicle that exceeds $2,000. AB 167 would delete this asset limit entirely, increasing the potential for fraud.

AB 219 (Jeffries)

Fixes a critical loophole in California's PERS (Public Employee Retirement System) disability retirement allowance. Current law states that those on the allowance must receive a medical examination to be eligible for benefits but only if they are under the minimum age for voluntary retirement. AB 219 would also require that a person receiving this allowance for less than three years, but who is over the minimum age for voluntary retirement, submit to a medical examination during that time period. Otherwise, they would be denied benefits.

AB 239 would authorize the Contra Costa and San Mateo Board of Supervisors to charge a flat fee of not more than $25 for each page of a real estate transaction or notice recorded in the county. The revenue would be placed in a housing trust for the purpose of funding affordable and low-income housing projects. This clearly violates Proposition 13 because it authorizes a tax for a special purpose without requiring a two-thirds vote.

AB 343 would require the Department of Health Services (DHS) and the Managed Risk Medical Insurance Board (MRMIB) to collaborate in preparing a report that identifies all employers who employ 25 or more persons who are beneficiaries enrolled in Medi-Cal or other state health programs. The data produced by this study is likely to be inaccurate because it does not take into account, among other things, whether an employee is part-time, seasonal or a new hire. The Assembly Appropriations Committee in its April 18, 2007, analysis estimates AB 343 will cost state taxpayers from $300,000 to $1,000,000.

AB 373 expands the types of services that may be financed with Mello-Roos special taxes to include maintenance and lighting of streets and roads, graffiti management and removal, and snow plowing and removal. We believe that Mello-Roos special funds (which don't fall into Proposition 13's annual 2% cap on your property tax bill) should be used for capital projects rather then ongoing maintenance.

AB 408 (Levine)

AB 408 would include security services at public utilities as subject to prevailing wage and contract security provisions. HJTA believes that requiring security services to be paid a prevailing wage (where pay is set based on the scale of a majority of the workers) detracts from the ability of the free market to set wages and will also force utilities to pass on higher rates to customers.

AB 419 would allow eligible law enforcement personnel who are disabled on the job, including city police officers, firefighters and sheriffs' employees, to receive full workers' compensation benefits — full salary, tax free — for up to one year without being a member of either CalPERS or the Los Angeles City Employees retirement system. The Assembly Appropriations Committee estimates that AB 419 could cost several million dollars annually as various public safety employees become eligible for these benefits.

AB 428 requires a school district with any of the high school grades to provide parents and students with written notification relating to a variety of topics regarding admission requirements at California’s public universities. This continues to add to the list of unfunded mandates imposed on local school districts, which further limits their ability to respond to the specific needs of their students. This list now easily has a backlog in the billions of dollars.

AB 444 would authorize the county congestion management agencies in Alameda County and in Contra Costa County, by a majority vote of their boards, to impose an annual fee of up to $10 per car to administer a program to manage traffic congestion. AB 444 would violate the California Constitution. Under Propositions 13 and 218, local voters are required to approve tax increases like this one by a two-thirds vote because it would authorize a tax for a special purpose.

Would create an incentive program providing rebates to, and requiring surcharges from, purchasers of new motor vehicles based on emission level. Surcharges and discounts would come from the Clean Vehicle Incentive Account.

This bill inserts government and bureaucracy into the car-buying process. Not only would AB 493 mandate another requirement on the Air Resources Board, but the Board of Equalization would be in charge of oversight of the fund. In both instances, the added staff and oversight needed would result in a minimum of thousands of dollars of additional costs per year. In addition, we obviously do not believe that taxpayers should be subsidizing the purchase of cars.

Would authorize the Public Employees' Retirement System (PERS) to obtain information from an insurer to determine the eligibility of a member or to determine unlawful receipt of benefits. The bill provides PERS with an additional tool to combat waste, fraud and abuse within California's largest retirement system.

AB 561 can provide relief for taxpayers who participated in the most recent tax amnesty program. Among other things, AB 561 would eliminate the amnesty penalty on balances due as a result of a post-amnesty change in the law. It would also eliminate all or a portion of the penalty for taxpayers who filed protective claims, but underestimated their liability by 10% or more.

AB 571 (Jones)

Requires that all three- and four-year old children from low-income families have access to preschool by 2011-12. Given California's increasing budget deficit, HJTA feels this is not a good time to add new programs.

AB 583 (Hancock)

AB 583 would result in substantial costs to taxpayers by instituting a system of public financing of political campaigns. In an April 17th San Jose Mercury News article, proponents estimate that costs "could run as high as $134 million per election, though under the matching provisions of the legislation, one gubernatorial candidate alone could receive as much as $100 million."

Among other provisions, provides that if a nontenure-track faculty member at an adult education center or junior college teaches at least 40% of a full load, they are eligible for the same health care benefits as tenured staff. The bill would also force a district to reduce the difference between the amount of salary and benefits by 50 percent each academic year until parity is achieved between nontenure-track and full-time faculty.

HJTA position: OPPOSE
Status: Two-year bill

Would establish the School Against Violence (SAV) Emergency Response Project, which would authorize the State Department of Education (SDE) to award $50,000 a year for two years to up to 10 schools, to assist schools in recovering from violent or traumatic intergroup conflict on school campuses.

The bill could increase these grant costs as high as one million dollars. Considering California's multibillion dollar structural budget deficit, we believe that this cost is especially unnecessary.

Would ban the sale of incandescent lamps after January 1, 2012. This proposal reflects another example as to when government should stop legislating and let the free market work.

Requires, beginning in 2009, that rental housing providers use a universal rental housing application to be developed by various state agencies, including the Department of Housing and Community Development (HCD). AB 725 inserts government into an application process that should remain at the discretion of the landlord. This bill will only provide additional reasons for private homeowners to stay out of the government-assisted housing market.

AB 775 would fix a loophole at the county level, prohibiting a county from employing a "retired annuitant" (an employee who has retired, but who can continue to work part-time) who, in the previous 12 months, received unemployment insurance in addition to their retirement pay. These three items taken together are known as "triple-dipping" and have cost Sacramento County (the sponsor of the bill) at least $128,000 over the last two years.

AB 831 would require that any legislative measure either creating or extending a tax benefit on or after January 1, 2008, shall also include a repeal of that benefit in a manner that reflects its particular needs and conditions.

HJTA is opposed to this bill because we believe Californians already pay too much in taxes. Furthermore, homeowners directly benefit from many of the tax benefits this bill would look at altering, including mortgage interest deductions and exclusion of capital gains on the sale of property.

AB 878 increases the current $1 car tax that counties may impose for a vehicle abatement program, doubling it to $2. The bill also increases from $1 to $2 per vehicle the amount that can be charged for a county’s vehicle theft deterrence program. According to estimates by the California Taxpayers’ Association, the abandoned vehicle provisions could produce up to $18 million in annual taxpayer revenue, and the vehicle theft provisions could produce up to $30 million. Drivers would pay these costs annually through vehicle registration payments. We believe that all taxpayers should bear the brunt of removal of abandoned vehicles in the interest of addressing both the criminal and environmental concerns.

AB 897 would exempt a charitable nonprofit 501(c)(3) organization from having to file for tax-exempt status through the Franchise Tax Board (FTB), as long as they have filed an application with the Internal Revenue Service (IRS). By removing this extra layer of red tape in California, it will make it easier for individuals to form these organizations.

AB 916 (Niello)

AB 916 would dramatically increase the use of taxpayer dollars in public construction projects through the use of the Construction Manager at Risk procurement method.

See ACA 6.

AB 1042 authorizes a county board of equalization to accept electronically filed applications for a changed property tax assessment, as long as it contains an electronic signature and other criteria.

Existing law states that workers' compensation beneficiaries are entitled to 24 chiropractic, occupational and physical therapy visits per industrial injury. AB 1073 would prohibit this limit of visits from applying to post-surgical physical medicine and rehabilitative services. This represents yet another attempt to chip away at the highly successful workers' compensation reform passed under SB 899 (Poochigian, 2004), which has saved taxpayers millions over three years.

AB 1109 requires the California Energy Commission (CEC) to approve a statewide electrical consumption limit for lighting by 2018 that is equivalent to a 50% reduction in consumption for indoor lighting and a 25% reduction in commercial lighting and outdoor lighting from current levels.

Requires the Legislative Analyst's Office (LAO) and various state agencies that collect fees to conduct a study to determine whether or not the fees being charged are commensurate with the cost of providing services. Although a policy of moving from taxes to true "fees" may have some legitimate benefits—such as requiring more detailed cost analyses for government services and programs—we are opposed to any increased reliance on fees when the underlying intent is to simply free up general fund revenue.

AB 1164 authorizes family child-care providers to form a collective bargaining agreement for purposes of negotiating with state agencies.

AB 1168 would authorize counties to impose an additional $1 per page recording fee to implement a Social Security number truncation program for any document created on or after January 1, 1935. We appreciate the author’s desire to cut Social Security numbers down to four digits on public records, thus limiting the prospect of identity theft. However, as currently presented, AB 1168 is too broad by levying fees on recordation of documents that do not have Social Security numbers. As such, we believe it is a tax and thus should require a two-thirds vote of the local population.

HJTA was previously strongly opposed to the bill because it would have altered the statute of limitations to challenge an illegal fee from one year of the initial payment to 120 days from the date it was enacted. This would have meant that any fee passed for 120 days could never be challenged in court. Thankfully, this section of the bill was removed, causing us to now support it. Favorable provisions include allowing one written protest per parcel for apartments that don’t have main meters. Previously, the law had not defined whether individual apartments with their own utility hookups counted as a parcel vote. This will make it easier to protest fee increases.

AB 1275 (DeSaulnier)

AB 1275 would give any county board of supervisors the authority to increase fees as much as $4 per transaction for certified copies of certain documents, including birth and death certificates, in order to fund domestic violence prevention. It would also allow supervisors to increase these fees annually per the California Consumer Price Index. Because this bill authorizes a tax for a special purpose, it should also require local voters to approve the tax increase by a two-thirds vote under provisions of Propositions 13 and 218. The Assembly Appropriations Committee estimates a cost of $6.4 million annually if all California counties enact the provisions in AB 1275.

AB 1430 would clarify that local governments may not put restrictions on the ability of membership organizations to communicate with their own members. Under current law, Proposition 34 established that local governments may establish regulations as long as they are not in conflict with state law. Unfortunately, many cities and counties have used this authority to limit and regulate the reporting of member communications by either political parties or statewide organizations. Obviously, this is a grave concern to our organization on First Amendment freedom of speech and freedom of association grounds, and something AB 1430 will address.

AB 1451 would exempt active solar energy systems from a "newly constructed" definition that would trigger a property tax reassessment.

Would fundamentally alter state law to prohibit all road improvements in or near any part of a state park, recreation area, or monument with few limited exceptions. This bill would block all road improvements near parks from money recently approved under Proposition 1B, impacting potentially dozens of projects.

AB 1470 (Huffman)

AB 1470 creates the Solar Hot Water and Efficiency Act of 2007 (SHWEA), a $250 million subsidy program for solar hot water heaters with the goal of promoting the installation of 200,000 solar hot water systems in California by 2017. This represents another government subsidy that will only serve to drive up electricity rates by forcing ratepayers to pay a surcharge.

AB 1472 establishes the California Healthy Places Act of 2008, which would require at least nine different state agencies to form a work group to determine how to best establish environmental health goals through a "health impact report." This is defined as "a combination of procedures, methods, and tools by which a policy, program, or project may be judged as to its potential effects on the health of a population, and the distribution of those effects within the population." We find this language to be vague and can discern no real reason why these organizations need to get together.

Creates the Treasure Island Transportation Management Act to govern the implementation of a comprehensive transportation plan for the development of Treasure/Yerba Buena Island. Because the Authority described in this bill will create a structure that can set parking and congestion parking rates, collect revenues, and direct those revenues to public transit, without a vote of the people, we believe AB 1543 violates Proposition 13 and should require two-thirds approval from San Francisco County residents.

AB 1551 would impose an 8% tax on the viewing of adult entertainment found in either businesses or X-rated pay-per-view rentals beginning in 2008. Estimates indicate that this tax could generate as much as $100 million a year in new revenue. Despite the lewd nature of the subject matter, this bill still represents a tax at a time when California does not have a revenue problem, but a spending one. This could also put tax-happy legislators in the awkward position of rooting for X-rated businesses in order to put more money in the General Fund coffers. On this level, AB 1551 appears to create more problems than it solves.

AB 1554 would require licensed health plans to submit any rate increases for approval by up to two state agencies. HJTA believes that by creating more hoops for health insurance providers to jump through, this bill will actually increase costs and lessen consumer choice over their own health care.

AB 1559 would allow community colleges to establish a merit-based admissions system for associate degree nursing programs.

AB 1590 authorizes the San Francisco County Board of Supervisors, by a two-thirds vote, to increase vehicle license fees for general revenue purposes, requiring majority vote approval by residents. The Legislature has no way to determine how, and on what, these funds will be used. Without more specifics, we cannot support authorizing yet another blank check to counties that don’t have the discipline to spend wisely.

Would allow that for any taxes/fees administered by the Board of Equalization, the Board, or any state agency that collects or administers taxes, will have the burden of proof in evaluating tax compliance or sustaining an assertion of penalties in regard to fraud. This is a straightforward measure that will put the burden of proof on the taxing agency instead of the taxpayer. We believe that it should be the responsibility of the revenue-collecting agency to explain why it is entitled to the revenue.

Would seek to increase competition in various segments of health care by repealing the current prohibition against physicians or surgeons supervising more than four nurse practitioners at one time. This will make it easier for health providers to open up retail clinics. Studies have shown that these clinics drive down health care costs by keeping individuals with relatively minor colds or coughs from seeking expensive emergency care instead.

Would allow out of state HMO carriers to sell their plans to Californians. HJTA believes that by increasing competition, the free market will dramatically lower costs by providing consumers with greater access and choice for care.

AB 1672 requires the California Transportation Commission (CTC) within 60 days before adopting any changes relating to Proposition 1B transportation bond funds, to consult with the chairs of the appropriate legislative policy and budget committees. The bill also adds two members to the CTC: one appointed by the Speaker of the Assembly and one by the Senate Committee on Rules. Neither would be confirmed by the full Senate body, as would traditionally be done.

ACA 4 is a redistricting measure that would establish an independent citizens' commission to redraw district lines in Assembly, Senate, Board of Equalization and Congressional Districts.

Would increase the signature threshold for a constitutional amendment from 8% to 10% of voters in the last gubernatorial election. This bill reflects another attack by the Legislature against what the California Supreme Court has referred to as "the precious right of initiative."

Please see SB 160 (Cedillo)

SB 18 (Perata)

SB 18 requires that education bond money approved by voters via Proposition 1D last month be awarded only to those agencies that set up a labor compliance program (LCP). LCPs misuse taxpayer money in that funds intended by the voters to be used for school construction would be spent by local school districts to monitor and enforce state labor laws — a duty that appropriately belongs with the California Division of Labor Standards Enforcement, not school districts.

SB 24 (Torlakson)

Requires the State Department of Public Health to collect a fee on consumers buying cigars and cigarettes in order to mitigate potential environmental harm caused by the smoke. In order for this bill to pass muster as a fee, there must be an appropriate nexus between a person/business causing harm, and the fee they must pay. This bill, on its face, lacks the requisite nexus. This fixed charge is levied on all cigarettes, regardless of whether the consumer decides to smoke around others or not.

HJTA position: OPPOSE
Status: Two-year bill

SB 34 (Torlakson)

SB 34 would establish a "beneficiary pays" principle with regard to the Sacramento-San Joaquin Bay Delta to pay for various water projects, but fails to define exactly what the term means. In our opinion this leaves the bill undefined with the potential to assess a fee on nearly anyone associated with the Delta region. Depending on how expansive this principle is interpreted, it is not unreasonable to assume that water users could be assessed tens of millions of dollars in fees a year.

SB 73 (Florez)

Would allow for a refundable tax credit on biodiesel fuel produced in California beginning on or after January 1, 2008. Refunds of this credit would be made on a quarterly basis out of the State Highway Account, which currently goes to repairing and maintaining our roads. This bill strips money away from crucial transportation funding priorities at a time when California cannot afford it. In 2002, voters passed Proposition 42 with nearly 70 percent of the vote. This mandated that the existing sales tax on gasoline go toward repairing and maintaining our roads, not for funding alternative fuel use.

SB 93 (Corbett)

Was gutted and amended on September 6, 2007, to include provisions that would allow trial lawyers to potentially boost their legal fees by seeking an increase in the Medi-Cal reimbursement rate. We oppose SB 93 for numerous reasons. First, we strongly believe that the practice of "gutting and amending" bills in the final week of session is bad public policy, and provides for very little scrutiny on issues that may have drastic repercussions for taxpayers.

Increasing the Medi-Cal reimbursement rate would dramatically raise the cost of premiums for taxpayers. An Assembly analysis estimates that SB 93 could result in increased fees of $22 million. Given that California has a multibillion dollar structural budget deficit, we cannot afford to make trial lawyers rich while the state drowns in a sea of red ink.

SB 109 (Runner)

Would close a loophole that allows school employees, who are first-time drug offenders, to automatically collect back pay for the duration of their leave of absence after completing a diversion program. This has cost school districts anywhere from $25,000-$300,000, effectively rewarding teachers for bad behavior.

Under current law, each county, in tandem with various state agencies, administers a program for treatment services for physically handicapped persons under the age of 21 whose families make an annual adjusted gross income of $40,000 or less.

SB 137 would change this eligibility limitation to include families with an annual or monthly income equal to or less than 400% of the federal poverty level. This means that as long as a family of four makes less than $80,000 annually, and a child meets the disability qualifications under the bill, then they would be eligible for services. The Department of Health Services estimates that more than 16,000 individuals would be made eligible by the bill and that treatment costs would be approximately $41 million with an additional $9.5 million in administrative costs.

SB 146 changes how school attendance is calculated, from a formula of average daily attendance (ADA) to one of average monthly enrollment (AME), for the purposes of appropriating funds for school districts. We believe that changing to an AME system will negatively impact student achievement by providing fewer incentives for school administrators to locate truant students.

SB 160 would allow any undocumented student who has graduated from a technical or adult school, in addition to high school, to qualify for financial aid.

SB 178 enacts a statewide program for monitoring and gathering information on groundwater levels. It would allow the Department of Water Resources (DWR) to create and charge for its own groundwater monitoring district. We believe this is a tax, not a fee, and should require a two-thirds vote of the Legislature. This charge fails to meet the litmus test that would define this bill as a fee. There will be no direct benefit to those paying the charge, and it will not be used to mitigate any detrimental impacts on behalf of the taxpayer.

SB 216 (Cox)

Eliminates the requirement that judgment abstracts requiring monetary payment, including spousal or child support, must include a full social security number. SB 216 would, instead, direct that the identification be the last four digits of the SSN. Identity theft is not only on the rise, it is also expensive. Given these concerns, it seems prudent to shorten social security numbers and other identification information where it is practical to do so.

SB 221 (Runner)

SB 221 requires pension benefits for constitutional officers participating in the Legislator's Retirement System (LRS) to be based on the average compensation received over a 12-month period, rather than the highest compensation received at any given time. This would eliminate pension spiking in the system, whereby if those in the LRS system received a pay increase in their final months in office, they would not be able to receive pension benefits on that full amount, but an average over that period.

SB 240 would allow the San Joaquin Valley Unified Air Pollution Control District (APCD) to impose a clean air surcharge of up to $300 per year on sources of air pollution, including smoke stacks, truck farms, distribution facilities and some housing. It would also increase fees on polluting automobiles by not more than $30 over current rates.

As currently drafted, SB 240 would authorize local government violations of the California Constitution. Because it would authorize a tax for a special purpose, it should also require local voters to approve the tax increase by a two-thirds vote under provisions of Propositions 13 and 218.

SB 264 authorizes the Santa Clara Valley Transportation Authority (SCVTA) to impose a 1/8 cent sales tax for transportation projects, as long as the ordinance is approved by two-thirds of county voters.

We believe an additional sales tax for transportation purposes in Santa Clara County is unnecessary, especially since it appears the SCVTA cannot effectively use existing taxpayer dollars generated from sales taxes. In 2000, the voters approved a $6 billion 30-year sales tax increase for a BART extension, which is now facing major delays and is over budget. The SCVTA should wisely use the dollars they have before exacting more from taxpayers.

Abolishes the Franchise Tax Board, and would provide for the transfer of its powers and duties to the State Board of Equalization starting in 2009.

The California Alcoholic Beverage Tax Law provides that taxes imposed under it are in lieu of all local taxes on the sale of alcohol, including beer, wine, or distilled spirits. SB 297 authorizes a county Board of Supervisors to exempt this provision by taxing alcohol at a rate anywhere from 1/8 of 1% to 5% of the sale price. This bill represents a blatant tax increase on consumers at a time when they cannot afford to pay it.

SB 375 would require regional transportation plans to include, and transportation funding decisions to be based on, increased housing density cores, which the author believes will result in a reduction of greenhouse gases.

SB 375 attempts to implement provisions of last year’s AB 32 greenhouse gas legislation (which HJTA opposed) by attempting to tie community growth to Proposition 1B transportation bond funds. Under the bill, only those communities that create denser housing cores while reducing greenhouse gas emissions will be able to qualify for 1B funds. Arguably, the only way for regional transportation agencies to comply will be to resort to mass transit, whose growth has been stagnant in recent years despite a large increase in funding. We believe this bill limits the personal freedom of Californians with respect to both driving and buying a house.

SB 382 would permit same-day voter registration in California for new United States citizens. Currently, new citizens can register up to seven days before an election.

SB 408 would require that statewide initiative petition signature gatherers be either registered voters or qualified to be registered voters as of the most recent election date. HJTA strongly believes in the initiatives process as a way for the people to enact laws and constitutional amendments when the Legislature is too divided, ineffective or corrupt to deal with issues of importance to California voters. SB 408 establishes another roadblock in this process that makes it more difficult for the people's voice to be heard.

SB 439 requires a liberal construction of a write-in ballot in the event of a recount to ensure that a ballot is counted if the voter's intent can be determined. This bill is similar to SB 1050 by Senator Debra Bowen introduced last session. Election law, as well as instructions on the ballot, clearly instructs voters to write in a name, and shade the adjoining box. By not clearly defining "liberal construction," it makes it more difficult to determine what counts as a vote.

SB 452 (Cogdill)

Excludes from the definition of "employee" any person who provides services on a family-owned farm, and is employed, but unpaid, by his or her parent, spouse or other related family member for purposes of California's workers' compensation system. This bill would provide assistance to small family farmers who use family members extensively in the day-to-day operations of a farm.

SB 494 (Kehoe)

SB 494 stipulates that by 2010, the Air Resources Board, in partnership with other state agencies, will establish regulations in order to ensure that by 2020, one-half of new passenger vehicles and light-duty trucks sold in California will be clean alternative vehicles. SB 494 reflects yet another state regulatory mandate that inhibits the power of the free market and will negatively impact vehicle dealers and consumers. Consumers may have to pay more for fuel cells or other technology that they may not want or need.

SB 613 authorizes the City/County Association of Governments of San Mateo County to impose a fee of up to $4 on vehicle registrations until 2019. Current law authorizes the fee until 2009.

As currently drafted, SB 613 would authorize local government violations of the California Constitution. Because it would extend a tax for a special purpose, it should also require local voters to approve the extension by a two-thirds vote under provisions of Propositions 13 and 218. This fee already violates the constitution, as there is absolutely no nexus between vehicle registration fees and storm water pollution.

Requires the Department of Personnel Administration (DPA) to ensure that Department of Fish and Game law enforcement officers receive no less than 95% of the total compensation, as accorded to rank and file members of the California Highway Patrol, and must be implemented through a memorandum of understanding. The bill would provide DFG officers financial parity with CHP officers and other law enforcement officials. HJTA opposes this bill because California simply cannot afford to increase these benefits nor "index" them to other officers. Such indexing has the effect of "bootstrapping" benefits irrespective of the merits of any increase.

SB 727 would expand the scope of the California Family Temporary Disability Insurance program to include grandparents, grandchildren, parents-in-law, and siblings within the definition of "family member."

Creates a $500 Kids Investment and Development Savings (KIDS) account at birth for every child born in California beginning in 2008. The Department of Finance estimates that 566,000 babies will be born next year resulting in a cost to taxpayers of $283 million.

Given that California is currently facing a multibillion dollar structural budget deficit, declining revenue estimates for this fiscal year, and bond interest payments in the tens of billions of dollars, SB 752 is especially unwarranted at this time.

Provides a 15 percent tax credit to employers who offer "cafeteria"-style health plans as listed under Section 125 of the IRS Tax Code. There is little doubt that these plans — which allow employees to pick from a menu of health care options — will lead to more employer/employee choice for health care. The resulting flexibility will result in tremendous economic benefits for California's economy.

The second of the Senate Democrats' health proposals, SB 840 offers universal health care and is far more expansive in scope than either SB 48 or AB 8. SB 840 proposes the creation of five different boards and agencies, and would increase costs by limiting competition and preventing the public from purchasing private health care through companies such as Blue Cross, Blue Shield or Health Net.

SB 861 continues to fund the North Coast Railroad Authority (NCRA), the California version of Alaska's "Road to Nowhere." This taxpayer boondoggle is a prime example of waste, fraud and abuse in government and has been featured numerous times in our annual "Piglet" book, which targets egregious government programs and spending. The Authority has wasted tens of millions of dollars to run a grand total of zero trains over the last nine years since the federal government closed the line in November 1998. Prior to that, the private Northwestern Pacific Railroad had run the track, only to close it down as uneconomical. Still, local leaders insisted that the project could work. To that end, Congressman Mike Thompson got the federal government to forgive a $5.5 million loan owed by the NCRA. SB 861 would take this money and allocate $4 million to environmental cleanup and $1.5 million to "administrative responsibilities." This is clearly not a good use of taxpayer dollars to spend on an entity that has little hope of ever making money.

SB 974 would impose a $30 tax on each shipping container coming into the ports of Oakland, Long Beach and Los Angeles. We believe this bill is a tax and should be tagged as a two-thirds vote. There is an insufficient nexus between taxing containers and funding congestion or environmental mitigation. This tax will ultimately be passed on to businesses and consumers through higher prices.

Was gutted and amended on September 7th to establish the San Francisco Bay Area Water Emergency Transportation Authority (WETA). WETA would replace the existing Water Transit Authority (WTA) and would provide the ability to plan and build an emergency response and disaster recovery water transportation system.

WETA, a nonelected body, was created and given authority to borrow money, issue bonds, set fares and expend revenues absent a 2/3 vote of the people that would pay for these activities. We believe that such authority violates Propositions 13 and 218 and their requirement that all special taxes require for approval a supermajority of the individuals affected by the tax.

HJTA position: OPPOSE
Status: Signed by Governor

SCA 4: (Ashburn)

SCA 4 authorizes the Legislature to exclude from a "new construction" property tax certain seismic retrofitting now ineligible for the exemption. An exemption for the purpose of seismic retrofitting is good public policy and in the best public safety interest of all Californians. With the cost of building materials skyrocketing, owners at least won't have to worry about their property taxes increasing as they try to factor in their costs.

SCA 12 would exclude storm water and urban runoff management fees from the voter approval requirements for property-related fees, in violation of Proposition 218.

This bill would overturn a Court of Appeals decision in 2002 in which the 6th District ruled in HJTA v. City of Salinas that storm water and urban runoff fees are in fact property-related fees. SCA 12 would also further deprive property owners and voters of the right to vote on increases in storm water runoff charges. Proposition 218 does not prohibit increases in storm water runoff charges. It merely requires such increases to be approved by a majority of residents who cast ballots.

SCA 13, if approved by two-thirds of the Legislature and a majority of voters, would impose an excise tax on the distribution of cigarettes at the rate of 10.5 cents for each cigarette distributed. The revenues collected from the additional tax would be placed in the General Fund to be used for "health-related purposes" as determined by the Legislature. The recent rejection by the California electorate of Proposition 86, as well as other tax increases, evidences the desire to have our elected leaders deal with how tax dollars are spent, rather than raising taxes.