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To: Porterville
Funny thing is that on the John and Kenn show, they noted that Prop 26 requiring a 2/3 legislative approval for fees is applicable to Cap and Trade...

The Greenies are ready to file suit against Prop 26 due to its being in conflict with Prop 25. Which, BTW I don't agree with. The purpose of Prop 26 was to require a 2/3 majority to raise fees and levies, which is already a requirement for taxes. AB 32 has a lot of fees associated with its implementation.

6 posted on 11/05/2010 9:20:33 PM PDT by umgud
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To: umgud; Porterville
Prop 25 reads that all CA law and Constitution is "Not Withstanding", therefore it is superior to everything. Any tax or fee may be imposed or raised by simply writing it into the budget bill, and passing the budget.

The only possible impediment would be if Prop 26 passed with a higher numerical popular vote, then a judge MAY rule 26 superior to 25, requiring a 2/3 popular vote on raising taxes outside the budget bill.

However, if the tax was inside the budget bill, the judge might not have the authority to order the budget to the ballot.

Lastly, how many constructionist judges do we have in the People's Republic of California?

11 posted on 11/05/2010 9:42:09 PM PDT by Navy Patriot (Sarah and the Conservatives will rock your world.)
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