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Newspaper Archive of
Cloverdale Reveille
Cloverdale, California
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October 8, 1997     Cloverdale Reveille
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October 8, 1997
 

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Page 4, Cloverdale Reveille, October 8, 1997 California&apos;s "Dirty Utile Secret" Editor:. This is California dirty little secret! Since 1982 the Assembly and Senate have been raising taxes in defiance of constitutional safeguards based on a legal opinion issued by the Legislative Counsel. What does the opinion say? No body really knows. Former Assembly speaker Willie Brown Jr. kept the opinion under wraps, perhaps to avoid public scrutiny. Even today, when other legislators request a copy of that opiniofi from the Legislative Counsel they are told that it is a secret, protected by attorney-client privilege. When voters approved Prop. 13 in 1978 they amended e Constitu- tion to add Article XIII 930 stating that " any changes in state taxes enacted for the purpose of increasing revenues collected pursuant thereto whether by increased rates or changes in methods of computa- tion must be imposed by an Act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature .... The analysis of Prop. 13 contained in the 1978 voter guide described this provision in plain English. 'q'he initiative would require a two- thirds vote by the Legislature to increase state taxes." If the Constitution is so clear, how did Brown and his colleagues manage to circumvent this two-thirds vote requirement? Simple. Article xm(3) requires a two-thirds vote "where the tax changes are enacted for the purpose of increasing revenues." Brown reasoned that increasing taxes for the purpose of decreasing someone else's taxes is not "for the purpose of increasing revenues." He labeled such measures as "revenue neutral" and ruled that they were exempt fro the two-thirds vote requirement. It is a clever bit of analysis but it is wrong. By definition, all tax increases are "for the purpose of increasing revenues." It is irrelevant that the increased revenues might be earmarked to cover the cost of giving someone else a tax cut. The constitution does not make any distinction as to how the increased revenues should be used. Willie Brown's exception is not found in the constitution, was never discussed during the debate on Prop. 14 and has never been upheld by any court. The California Supreme Court has warned that opponents of Prop. 13 have and will "cut a hole in the financial fence which the people in their Constitution have erected around their government. Governmental entities may be expected, instinctively, to pour through the opening, limited only by their ingenuity." It is time to plug the opening that Willie Brown's ingenuity created 16 years ago. No more tax increases should ever be approved without a two-thirds vote. Those tax increases which were illegally imposed over the years should be rescinded and equity should be done. As John I " 1 I l" r" " I" - HOME LOANS For buying or refinancing your home. Competitive Rates! Great Service! ..... 435 N. CIoverdale Blvd. 894-4323 Bill Andrew Wednesday, October 8 Family History Ctr., LDS Church .................... 9 a.m.-9 pm Soroptimist International, Sciaini Office .................. 12 pm Senior Center, Grange Hall ........................ 9:30 a.m.-4 pm Bingo, Kings Valley Seniors ....................................... 1 pm Amedcan Legion & Auxiliary, Vets Bldg .................... 8 pm Sup. Paul Kelley, City Hall .......................... 8:30-10:30 am Economic Development Commision, First Amencan Title ........................................ 3:30 pm Senior Citizens Poltuck, Vet's Bldg ............................ Noon Roaring 20's Lioness Club, Potluck,Grange Hall ....... 7 pm Thursday, October 9 Thrift Sale, United Church ................................ 10 to 3 pm Rotary Club, Owl Care ............................ i'; .......... 12:15 pm Cloverdale Host Lions Club ....................... : ......... 7:30 pm Friday, October 10 "\\; Toastmasters, The Blvd. Deh .................................... 7 am Senior Day Center, Grange Hall .................... 9:30 to 2 pm Emergency Food Pantry, United Church ...... 1 pm to 3 pm Saturday, October 11 Family History Ctr., LDS Church .................... 9 a.m.-1 pm Flea Market, Citrus Fairgrounds ................. 7 a.m. to 4 pm Thrift Sale, United Church ............................ 10 a.m.-1 pm Gourmet Club Wine & Visitor Center ................... 7:30 pm Sunday, October 12 Flea Market, Citrus Fairgrounds ................. 7 a.m. to 4 pm Monday, October 13 Boy Scout Troop #41, City Park ................................ 8 pm Cloverdale Citrus Fair Board, Citrus Fair .................. 8 pm Cloverdale Hospital District, 209 N Main St .............. 7 pm Tuesday, October 14 Family History Ctr., LDS Church .................... 5 p.m.-9 pm Senior Center, Grange Hall ................................ 9:30-4 pm Knights of Columbus, monthly meeting, St. Peter's Pansh Hall .................................... 7:30 pm Preceptor Mu Theta, TBA ..................................... 7:30 pm Cloverdale Grove Druids, Druids Hall ........................ 8 pm Theta Zeta, Druids Hall .............................................. 8 pm Xi Delta Epsilon, TBA ................................................. TBA Copper Tower Family Health Center Free Blood Pressure Check .................. M-S, 9-12, 2-6:30 OutReach Mental Health ................... T, Th., 9 a.m.-5 pm. Free Vaccinations ........................................................ M-S Cloverdale Alcoholics Anonymous Hot Line for Cloverdale Information: 894-20701544-1300 ........ :>X::x" ' ,XX-: .': "'.:- = :...:.::-x : :::.. ,.'..%X::$ " 'x;:.., ". "* xX'.<f.::-:-:-:-'-:\