The League of Cities is reporting that late last night our State Assembly voted to approve the budget by a vote of 44-30. While I lack a PhD in mathematics, that simple majority vote my friends does not meet the 2/3rds vote threshold for any increase in revenues. Further, Governor Schwarzenegger has already commented that he will veto the bill when and if it reaches his desk. Obviously the Assembly’s proposed budget must also clear the state Senate by the same 2/3rds majority.
The following report is from the League of Cities:
MAJORITY VOTE BUDGET PACKAGE SUMMARY
(June 29, 2009)
“Assembly Approves Package. Attached for your information please find the Assembly Floor Report on last nights Majority Vote budget package. Thats right, majority vote. The controversial package passed last night by a vote of 44-30 and is expected to be taken up in the Senate and passed today. The Governor has already vowed to veto it.
Package Steals RDA for 3 Years and Appears to Steal HUTA. As you will see in the bullet point Summary on p. 3, the Summary asserts it Protects Local Government. by not suspending Prop. 1A when in fact it would appear to have dramatic impacts on local government. The Summary fails to point out, however, what you will find on page 16 (top) that the proposal keeps the HUTA raid accepts Governors proposal to shift approximately $1 billion of transportation revenues to pay debt service on transportation bonds..this is the local HUTA raid). On page 17 you will find the three year redevelopment raid at $350/year.
How the Tax/Fee Package Works. The details of the tax package are explained on pp. 17 . 18, including the new $.18 gas fee in lieu of the current gas tax of the same amount. The legal theory underlying this approach, apparently endorsed by the Legislative Counsel, is that the repeal of the gas tax and imposition of the new tobacco and severance taxes are revenue neutral (a swap if you will), and the new gas fee. of the same amount is not a tax. There are likely legal arguments just as strong if not stronger against this approach, but no court has ruled on it yet.
Questions About Local Share of New Fee. There are inconsistent indications in the package about whether the current state-local allocations would be retained. On the one hand there is language saying it would be the same. On the other there is the language on p. 16 saying it would implement the Governorfs recommendation to shift 41 billion of transportation revenues to pay debt service.
Legislation Implementing Shift of Local Gas Tax/Fee Funds for Bonds Not Voted On. Dan Carrigg reports that when the final vote was taken last night the Assembly did not seem to pass SBx3 18 (the HUTA raid). This could mean that they did not want to ask members to vote on a clearly controversial component of the package when the Governor had vowed to veto it. On the other hand, they may have buried it in other parts of the package. We wonft know until we see the legislation, which in the legislatures traditional defiance of transparency was not ready for review last night.”
Gilbert notes. 1. Stay tuned as I look for any budget related information from the Senate.
What a bunch of clowns. Knowing the minimum number of votes necessary to approve the budget how can the incompetent assembly leadership forward this across to the upper house?
If you wish to find out what tax increasing bills were debating last night let me suggest checking out AB 39, AB 40, SB 16 & SB 17 for starters.
buzz cut bass and the dems broke the law . these people must go . anyone who votes for any of the clowns to re elect them should have their head looked at . and that goes for both parties but unlike last time the reps are holding firm on this . FIRE ALL OF THE NEXT ELECTION they dont listen to the people they are suppose to represent .
Why are there no consequences? How about a simple damn fine??
Looks to me like they are passing the budget to the senate to see what they come up with that will get 2/3rds.
#2
A fine? Hell No!!These legislators took an oath to defend and comply with the U.S. and State constitution–which includes the laws regarding budgeting and finance. Fines no, prosecution and recall yes.
CJ
I don’t think voting them out of office will work, to their costituants these teives are heros! How about criminal charges for conspiracy to commit grand larceny? They have all agreed to break the law, went on record with it, and are teying to steal 24 Billion dollars!!!!! Put them next to Madoff!
i agree with bigmarkod these people are going to break the law and increase more taxes . is their a lawyer or someone on this blog that knows this inside out and what can we do . its to my knowledege that you need 2/3 to raise taxes .
it is 2/3 they are just a bucnh of lying whores. they are trying to play 3 card monte with the law, and increase “fees”
According to the last place I checked the Senate also passed the bills with only a majority vote and not the 2/3 required as an urgency bill.
The legality of this end run really escapes me. The logic the Dems are using is by repealing the .18 cents gas excise tax and replacing it with an .18 cent gas fee, plus a 9.9 percent tax on oil production, a $1.50-per-package tax on cigarettes, a $15 per vehicle registration fee, and doubling the $28 drivers license fee; This all breaks out even and no tax increase took place. Therefor a simple majority is all that is needed to pass the bill.
Even if Arnold folded and signed the legislation, under majority vote rules it would not take effect for 90 days. Look for IOU’s by next week or very soon afterwards.