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-Ramos
Administrator
Posts: 326

Hello folks.  Taken from the Western Mining Alliance April Newsletter:  http://westernminingalliance.org/


Proposed California Legislation could increase claim fees by $150.00 per year

Thanks to the California Clerk Recorders we were notified of a pending Senate Bill that will impact us all. Senate Bill 391, introduced on February 20th, passed out of committee on April 20th for a floor vote. The bill is authored by Senator DeSaulnier (D). The intent of the bill is to place a tax on recorded documents that relate to real estate to fund even more public housing projects. We must record documents every year and this places an additional $150.00 burden on us, the small miners, every year. This effort shifts the cost of providing public housing from the general public to the miners as real estate transactions for homes is exempt.


Sen. Cannella spoke against the bill and questioned the nexus between recorded documents and affordable housing. He said the bill would “shift the burden from counties and special districts and put the burden of affordable housing on random folks who want to record documents. According to one of our supporters who attended the initial hearings, “There were probably four times as many folks supporting the bill as opposing it. The support testimony focused exclusively on the need for affordable housing—no one addressed the funding mechanism and no one spoke about the burden this would have on the mining or resource industry.”


The Western Mining Alliance spoke to Senator DeSaulnier on April 25th in Sacramento. The Senator was unaware of theburden this would place on mining claims. We followed this conversation up with a phone call to other Senators who were equally unaware. We need you to call the Senators who authored the bill and speak to them about the effects this will have on us while exempting those with a one time recording. Senate Bill 391, known as the California Homes and Jobs Act of 2013 will create neither homes or jobs, but it will mandate additional taxes and programs. The California legislature knowing the general dislike for additional taxes has carved out a specific funding source - the miners. The relevant text of the bill is provided in italics.

Senate Bill No. 391 (DeSaulnier). Under existing law there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, home ownership for very low and low-income households and downpayment assistance for first time homebuyers.

The bill would enact the California Homes and Jobs Act of 2013. The bill would make legislative findings and declarations relating to the need for establishing permanent, ongoing sources of funding dedicated to affordable housing development. The bill would impose a fee, except as provided, of $75 to be paid at the time of the recording of every real estate instrument, paper or notice required or permitted by law to be recorded.

There are 55,000 mining claims in California according to the BLM database. In addition to our normal recording fees this tax would create an additional tax of a minimum of $4.1 million on mining claims and could be as high as $8 million depending on documents recorded. As stated above this tax is on each document recorded. So in the transfer of a claim you would have the recording of the quit claim document; the new location notice and the annual BLM notice.


This bill is brought to you by the very same Senate that passed SB 1018 placing a indefinite moratorium on suction dredging and yet now they see our idle mining claims as a source of revenue. It’s important you tell the authors of the bill (provided on the next page) this bill is discriminatory and unfairly affects the poor (us). To fund low income housing on the backs of the low income is manifestly unfair.


In addition to writing the authors of the bill please call and visit your local representative. This bill will require a 2/3 vote to pass. We must stop this new tax on mining claims. Your help is urgently needed. 

Call the below representatives to stop SB 391 (California)

Talking Points:

Be polite but get your message across.

Miners are required by Federal law to file two notices per year, the Affadavit of Assessment Work and the Small Miners Waiver, or

Intent to Hold

This bill places the burden of taxation on the small miners

This bill is discriminatory against miners by unfairly taxing them without taxing everyone the same

This bill shifts the burden of funding low income housing from all taxpayers to the low income miners

This bill violates the equal protection clause of the Constitution by placing a discriminatory tax on a class of people

District Name Party Capitol_Office

34 Correa, Lou D State Capitol, Room 5108, Sacramento, CA 95814-4900; (916) 651-4022

7 DeSaulnier, Mark D State Capitol, Room 5035, Sacramento, CA 95814-4900; (916) 651-4007

9 Hancock, Loni D State Capitol, Room 2082, Sacramento, CA 95814-4900; (916) 651-4009

13 Hill, Jerry D State Capitol, Room 5064, Sacramento, CA 95814-4900; (916) 651-4013

11 Leno, Mark D State Capitol, Room 5100, Sacramento, CA 95814-4900; (916) 651-4011

27 Pavley, Fran D State Capitol, Room 4035, Sacramento, CA 95814-4900; (916) 651-4027

31 Roth, Richard D. D State Capitol, Room 4034, Sacramento, CA 95814-4900; (916) 651-4031

78 Atkins, Toni D P.O. Box 942849, Room 319, Sacramento, CA 94249-0078; (916) 319-2078

24 Gordon, Richard S. D P.O. Box 942849, Room 4126, Sacramento, CA 94249-0024; (916) 319-2024

39 Bocanegra, Raul D P.O. Box 942849, Room 4167, Sacramento, CA 94249-0039; (916) 319-2039


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-Ramos
Secretary, East Bay Prospectors

April 30, 2013 at 7:31 PM Flag Quote & Reply

DaleMyer
Administrator
Posts: 386

Hey! That's my senator! He has to take my input since I live in his turf. I spoke with him face-to-face about the stupid trailer bill so guess it's time for another chat.

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Dale "Bear" Myer
Communications Director and Website Admin
God Bless the late 155 Outhouse!

May 1, 2013 at 12:02 AM Flag Quote & Reply

Pucky
Member
Posts: 1394

What ticks me off, is not many care what's going on! Or is it that they just don't know? EVERY member the GPAA and their Chapters, should be made well aware of the troubles we face, and how important the "Call to Action" is!  They should be TOLD and required to read the WMA Newsletter and the P&S, and other info as it happens. With that newfound knowledge, MAYBE; Just maybe; they then would make the NEEDED phone calls and letter writing, petition signing, and attending the Court Cases and Ralleys. All that needs to take place, is that someone take ACTION .... Any and everyone......Just Take action

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P  Pu  Puc  Pucky!

May 1, 2013 at 5:04 PM Flag Quote & Reply

DaleMyer
Administrator
Posts: 386

Looks who's coming to town this Satuday! Might just swing by and say howdy again and respectfully let him know how this bill makes us pay bigtime.


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Dale "Bear" Myer
Communications Director and Website Admin
God Bless the late 155 Outhouse!

May 1, 2013 at 11:40 PM Flag Quote & Reply

DaleMyer
Administrator
Posts: 386

Other than miners, what other groups frequently record documents? Are we not alone or does this really target miners heavily beyond the others affected? If I go chat with the Senator, I'd like to know some tidbits like that.

Also, did the envoronmental impact report on dredging every see the light of day or was it buried due to the moratorium?


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Dale "Bear" Myer
Communications Director and Website Admin
God Bless the late 155 Outhouse!

May 1, 2013 at 11:47 PM Flag Quote & Reply

Pucky
Member
Posts: 1394

That's NEXT week Dale, the Art & Wine is this week end

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P  Pu  Puc  Pucky!

May 2, 2013 at 1:26 AM Flag Quote & Reply

DaleMyer
Administrator
Posts: 386

On our outing day! Crap! I'll still be reaching in some format.

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Dale "Bear" Myer
Communications Director and Website Admin
God Bless the late 155 Outhouse!

May 2, 2013 at 1:33 PM Flag Quote & Reply

-Ramos
Administrator
Posts: 326

BUMP!!!!! As discussed at last night's regular club meeting....

Here is the link to the full text of the bill:

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB391

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-Ramos
Secretary, East Bay Prospectors

June 7, 2013 at 10:03 AM Flag Quote & Reply

DaleMyer
Administrator
Posts: 386

Trying to get re-engaged on this issue I found a paragraph (below) that shows a sample of what docs would get this new tax. Wow. Beside $150 bucks per claim, see what else you may get taxed on. Any other contractors out there in the club? I see lein releases on the list. Power of attorney docs. I've unfortunately had the honor of handling the estates of a lifelong friend and several family members. My Mom's getting up there as well. When it's time for me to handle her affairs, I can only imagine how many docs will be involved and taxed.

See how this will effect you beyond mining claims and drop a short message of opposition to the good senator about balancing the budget on the backs of the little people.
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SB 391 would impose a $75 “fee” — really a tax — on every document recorded, unless it is recorded in connection with a sale. According to the County Recorder Association’s opposition last year to SB 1220, the $75 tax would mean more than 300 document types would be subject to the tax, including mining claims, homestead declarations, refinance mortgages, reconveyance documents for paying off a loan, powers of attorney, lien releases, affidavits and a host of other documents requiring legal recording with the state.
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It's pretty easy to compose a personal letter of a couple of paragraphs about why you are opposed in your word processor. Next, highlight what you wrote and do a right click "copy". Go to your senator's webpage and most have a means of taking email comments where you can simply paste in your comments.

This bill should never see the light of day!

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Dale "Bear" Myer
Communications Director and Website Admin
God Bless the late 155 Outhouse!

June 7, 2013 at 1:45 PM Flag Quote & Reply

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