Fire fees under California state budget

[Wrightwood]

[Wrightwood]

Howard Jarvis Taxpayers Association
Petitions: One and Done

Once you have filed a timely Petition for Redetermination, you do not need to keep submitting Petitions each year. At first, HJTA advised people to submit a new Petition each year. This was in case the Court only allowed refunds for years when people filed a Petition. But now, the Court has confirmed that people protesting the Fire Tax only need to file one timely Petition. If we win, that timely Petition will make you eligible for refunds for the first year you filed and all following years.

If you did not protest the Fire Tax the first year you paid it, you may still be able to protest it! Correspondence with the BOE and CalFire has indicated that a Petition for Redetermination may be submitted to protest all the years the Fire Tax has been paid. The staff persons with whom we corresponded may not be the final authority on this question, but according to them you may check all the boxes on the form for the years you have paid. Please note that Petitions for Redetermination must still be postmarked within 30 days of the date on your bill. Petitions received outside of this time period may be considered invalid. If you have any uncertainty about whether you filed a timely Petition the first year you paid the Fire Tax, you may submit a Petition the next time your receive your bill and check the boxes for all the years you paid. Updated Petitions for the 2015-2016 billing cycle are available on our website at www.FireTaxProtest.org.

[Wrightwood]

[Cigar_and_Scotch]

So I have paid this tax for several years now, but I have never filed a Petition of Redetermination.  Am I SOL?

It seems to me that if the court finds this tax to be illegal, as they should, then they should issue automatic refunds.

[tcaarabians]

Well C&S.. I think the both of us are SOL on this one.  But, you know.. after the Blue Cut Fire.. I'm not going to bitch about it anymore. I guess it comes down to whether the Fire Fee is a tax or or a fee. As long as the fee/tax goes to preventing wild fires.. it is ok.   I'll whine about it.. but anything that adds to the resources to prevent another fire like Blue Cut.. I'm good with.   cheryl o7o

[Wrightwood]

[Wrightwood]

[Cheapskate]

Don't get me wrong -- I pay the fee, I'm sympathetic to this cause like all who do -- but "class action" sounds like I get one-millionth of what remains after the lawyers take their cut, and now those same lawyers want me to throw good money after bad.  Howard Jarvis was the rage in like 1977, sometimes you gotta know when to pull up the tent, Mr Coupal.  But thanks for your continued spirited support of Prop 13.

[walter k]

Class action lawsuit..... the lawyers get the goldmine and everything to be had.  Peopel that paid get the shaft nothing.

[Wrightwood]

So far I'm impressed with what the Howard Jarvis Taxpayers Association (HJTA) has taken on. They are a non-profit 501(c) (3) and highly doubt that there's a big windfall for the attorneys in this case. HJTA is fighting for everyone.

[Cheapskate]

[Hovel Downs]

If the "fee" is overturned, everyone will save $135-150 per year from that time forward.  Even if the  lawyers were to get all of the settlement the future savings to homeowners are real. 

[tcaarabians]

As for class-action suits:   I have a class-action settlement check from AT&T taped to my refrigerator for humor. It is for four cents. Gosh, I appreciated it. I may even have it framed.

As for the fire fee being a tax or a fee..  a rose by any other name. I do wish our fire fees had gone into doing more brush clearance before the "Blue Cut Fire."  I'm guessing that there are a lot of priorities for clearance.

As for the HJTA attorney's receiving a windfall or not:... I think it's safe to say that, if they prevail,  those attorney's will receive a good portion of any settlement.  Course, they worked for it. Whether or not any portion of a settlement/judgment would go to HJTA would be spelled out in the final documents of either a settlement or judgment.  And, despite HJTA complaining about a document dump... it was likely because of their subpoenas. So, gather thee roses....     My thoughts.. cheryl o7o

[Cheapskate]

I had forgotten that after the last election the Democrats got the supermajority in both houses.  If they really want this policy, they can pass it by 2/3 and render the lawsuit or it's outcome moot.

[tcaarabians]

Cheapskate..  Are you stating that the Prop 13 provisions require: 1) a vote of the people, or 2) a 2/3 majority in the legislature?  I've always thought that any new tax required a vote under Prop 13.  Thus, the reason for HJTA trying to show that the fire fee is a tax and not a fee.

After the Gann initiative passed... following Prop 13. ..most local government entities began to require fees for various services that used to come out of tax dollars. Perhaps, an unintended consequence of that initiative.

If a 2/3 majority can repeal this tax/fee.. then the answer is in your question. They don't want to repeal it. cheryl o7o

[Cheapskate]

A 2/3 vote in both houses (w/ Governor's signature) can enact a new tax.  It's rarely done because legislators seldom take hard stands, they prefer to put the tough votes on the ballot as a referendum.  Since the fire fee affects 850,000 rural households (not exactly the Dems base), I think they'd have no qualms about approving it as a tax if push comes to shove; this is one tax where they wouldn't pay a political price.  I'm starting to think we're stuck with the "fee" regardless of the lawsuit's outcome.

[Jirka]

[Cheapskate]

"special purpose"...great clarification.  There IS hope after all!  Thanks.

[Wrightwood]

[Wrightwood]