As yet another round of invoices is being received by rural residents living in “State Responsibility Areas,” we’ve been asked by readers to reprint this information. The charge per habitable dwelling is said to cover fire prevention services. The legal case challenging the fee is moving slowly through the courts. —Editor
The California Farm Bureau Federation, the Howard Jarvis Taxpayers Association and others believe this fee places undue burden on rural residents.
At www.firepreventionfee.com you will find information about the fee and a protest form, “Petition for Redetermination.”
Those who object to the fee should fill out the petition and submit it with their payment, citing the reason for protest as “Other.” The description can include the member’s concern about the fee and illegal taxation.
The Howard Jarvis Taxpayers Association is challenging the legality of the SRA fee. See www.firetaxprotest.org for updates. They emphasize the fee is to be paid within 30 days or risk a lien.
Below is a sample letter for reference when protesting the fee. Send copies to all of these three addresses:
1) Special Taxes and Fees, MIC: 88, State Board of Equalization, P.O. Box 942879, Sacramento, CA 94279
2) Fire Prevention Fee Service Center, Attn: Petitions
P.O. Box 2254, Suisun City, CA 94585
3) Board of Forestry and Fire Protection / P.O. Box 944246, Sacramento, CA 94244
Protest Letter
[Insert Current Date]Re: Strong Opposition to SRA Tax—Paying under Protest!
To Whom It May Concern,
We are only paying this tax (you call it a fee) under duress of a state tax lien and possible property confiscation.
We strongly oppose and protest paying any Fire Prevention Taxes issued by the State Board of Equalization (BOE) on behalf of the California Department of Forestry and Fire Protection (CAL FIRE).
This is an unconstitutional tax because Article XIIIA of the California Constitution requires that new taxes be approved by two-thirds of the membership of both houses of the Legislature. Because the money from this charge will not be redirected to local jurisdictions proportionate to their direct charge, there is no way to ensure that I will receive any direct benefit from the payment of this bill. Thus, this charge is a tax, and because it has not been properly approved by two-thirds of the Legislature, it is illegal.
We intend to support any legal action(s) taken by any organization(s) opposing this illegal taxation.
––sign your name here
Paid Under Protest,
Name and address
[Also add ‘paid under protest’ to your check’s memo line]
This is part of the May 1, 2015 online edition of The Mountain Enterprise.
Have an opinion on this matter? We'd like to hear from you.
