Senator Gaines Seeks to Repeal $150 Fire Tax

Written by Gaines for Senate
Friday, 22 July 2011

SACRAMENTO — Senator Ted Gaines (R-Roseville) announced earlier this week that he is seeking a referendum to repeal ABx29, the bill recently signed by Gov. Jerry Brown that places a $150 annual wildfire protection tax for property owners in rural areas of California.

Senator Gaines filed paperwork on Wednesday that would ask voters to overturn the tax, which was passed by the state Legislature on a simple majority vote as part of the state budget package.

“It’s an illegal tax, pure and simple,” said Gaines. “Many rural property owners already pay local fire agencies for protection so this is double-taxation.”

The new tax affects rural homeowners in State Responsibility Areas that are determined by the California Department of Forestry and Fire Protection (CalFire), even though their property taxes already contribute to the service contracts that counties have with CalFire.

According to census and CalFire data, Senator Gaines’ largely rural district includes more than 140,000 occupied and vacant structures that could be subject to the fee.

Gaines contends that ABx 29 is merely a tax that attempts to sidestep Prop. 26, the initiative passed last June that prevents the Legislature from disguising taxes as "fees" and circumventing constitutional requirements for passing higher taxes.

"I'm happy to be working with the California Republican Party and other key supporters to fight for taxpayer rights," said Gaines. “Californians are getting a raw deal and I am going to do everything I can to make sure it is overturned.”