Judge grants petition to change his name to “Lamar A. Hernandez-Thorpe”
Changed name on 2024 campaign committee forms last September
By Allen D. Payton
After Antioch Mayor Lamar Thorpe added Hernandez to his last name on his 2024 re-election campaign committee name last September, it was made official on Monday, January 22, 2024. That day Thorpe was granted his petition by Contra Costa Superior Court Judge Virginia M. George to legally change his name to “Lamar Anthony Hernandez-Thorpe” to honor his Mexican foster parents who raised him.
In 1981, Mayor Hernandez-Thorpe was born in prison to a mother addicted to heroin. At two days old, he was placed in foster care and raised by Mexican immigrants in East Los Angeles. As a result, his first language is Spanish. His parents, Guillermo O. and Teresa Hernandez, gave birth to two biological children and, as foster parents, adopted several others, all sharing their last name, “Hernandez”.
Hernandez-Thorpe’s foster parents fought to adopt him legally but failed as his biological mother retained her parental rights. While he is proud of his African American family and heritage, he is equally proud of his Mexican heritage instilled by his parents, the Hernandez’s.
In March of 2023, Mayor Hernandez-Thorpe announced that he would petition to change his name to “Hernandez-Thorpe”. Two days later, his father, Guillermo Hernandez, passed away from prostate cancer.
Hernandez-Thorpe said the process of changing his name was emotionally difficult.
Read MoreSubmissions open Friday, Feb. 9, 2024
By BART.gov
Today, January 19, we are pleased to announce the 2024 BART Lines Teen Poetry Contest. This will be BART’s first writing contest for youth, following last year’s short story contest for adults.
With the BART Lines Teen Poetry Contest, BART is thrilled to lift and amplify the voices of Bay Area youth, whose perspectives, opinion, and ideas are providing us with a roadmap for the future – one that is informed by their lived experiences as well as the unique histories of their communities. We are listening and learning from you!
By providing a forum for teens’ voices and creativity with BART Lines, we are underlining our belief that the words, ideas, and foresight of youth matter. One day soon, they will be the leaders and visionaries that decide the future of public transportation, and therefore, the future of our region.
BART Lines was created by BART Communications and BART’s Art Program. BART is organizing programs such as BART Lines to get people excited about transit and to emphasize the variety of ways you can use our system, as well as the places it can take you. By partnering with local organizations, including BART Lines partners and judges 826 Valencia and Youth Speaks, we are reinforcing the value arts and cultural organizations bring to BART and our community of riders. These partnerships also highlight the key role public transportation plays in connecting people to experiences that have the power to change and enrich their lives.
BART’s new ridership model emphasizes weeknight and weekend travel, which reinforces the notion that we are not simply a commuter service that transports people to and from work. Our system also carries people to impactful encounters and locations, be it museums, theaters, libraries, public parks, and people, too.
The BART Lines Teen Poetry Contest is one piece of BART’s robust rider engagement strategy that seeks to bring riders together through unique experiences in both virtual and IRL formats. Recent efforts include the BART Anime Project , the One Book One BART book club, Twitch livestreams, creative and informative TikTok content, shareable rider guides, and free celebratory events in stations and trains.
When we ride transit, we hold space for one another. On a crowded train, we remove our backpacks and latch our bikes; we stand for someone who needs to sit; and we scooch to the window seat when space is sparse. Riding transit reminds us that we exist in an interconnected web of others – your fellow passengers, who carry with them their dreams, imaginings, and aspirations (along with their shopping bags and suitcases). BART Lines seeks to celebrates this.
Theme: Bay is Home
The theme for the BART Lines Teen Poetry Contest is “Bay is Home.” We want to read your poems related to the Bay Area. Your submission might describe a location – somewhere you take BART, for example – or maybe a specific spot that inspired your piece. With this theme, we’re asking: How do the many places, people, and aspects of the region make the Bay home?
Submissions-Timeline-Prizes
To submit an entry, authors must be between the ages of 13 and 19 as of March 8, 2024, and reside in one of the five counties where BART operates: San Francisco, San Mateo, Alameda, Contra Costa, and Santa Clara.
To learn more, view the contest rules, and submit your poem, click here.
Thirty finalists will be selected by BART Lines partners 826 Valencia and Youth Speaks, two standout Bay Area organizations lifting the voices of teen poets. Each finalist will receive a $75 honorarium and their poem will be published in BART’s Short Édition Story Dispensers and Story Discs (scroll down for locations), as well as the BART Short Edition website. Select finalists will be invited to participate in a series of readings in and around BART stations (not a requirement for submitting a poem for consideration).
Judges/Partners
826 Valencia is a nonprofit organization dedicated to supporting under-resourced students ages six to eighteen with their creative and expository writing skills and to helping teachers inspire their students to write. Our services are structured around the understanding that great leaps in learning can happen with individualized attention and that strong writing skills are fundamental to future success.
Youth Speaks is a leading presenter of Spoken Word performance, education, and youth development programs that was founded in San Francisco in 1996. Founded in 1996 in San Francisco, Youth Speaks is a leading presenter of Spoken Word performance, education, and youth development programs. Trailblazers of local and national youth poetry slams, festivals, and more, Youth Speaks offers a comprehensive slate of literary arts education programs and provides numerous opportunities for youth to be published and heard.
About BART’s Short Édition Story Dispensers and Story Discs
Short Édition is a French publishing house of short literature: poetry, short stories, and flash fiction. In addition to its online platform, Short Édition publishes fiction around the world via its Short Story Dispensers and Story Discs (a digital version of the dispensers that allow you to access unlimited content for free on a smartphone) for the public to enjoy a serendipitous literary experience, free of charge.
The dispensers are like vending machines for creative writing, dispensing stories on eco-friendly recyclable, receipt-like paper. They’re touchless; you just hover your finger over the button to get your story.
BART’s Story Dispensers are currently located at the following stations:
- Balboa Park
- Downtown Berkeley
- Fruitvale
- Pleasant Hill
- San Leandro (pending installation)
BART will soon install Story Discs at the following stations:
- Daly City
- Dublin/Pleasanton
- Embarcadero
About the Artist Behind the Contest Art
Amy Wibowo is a public transit fan and a creative technologist whose art ranges from sweaters made on a hacked knitting machine to RFID jewelry. Her work has been featured in The New Yorker, Forbes, and Vox. She is also the author and illustrator of Bubblesort Zines, a zine series making computer science topics more accessible to a wider audience. Wibowo was chosen from a pool of artists selected from an open call for California-based artists for BART’s Anime Project.
Quotes from Contest Organizers and Partners
Alicia Trost, Chief Communications Officer at BART:
“BART Lines is another way for us to connect with current riders while also attracting new riders. Our adult short story contest helped increase ridership as people came to BART seeking out the story dispensers to read local content. It was thrilling to see people post about their experience on social media, noting they rode just to get a story. I’ll never forget the time our General Manager asked a crowd what their favorite thing about BART was, and someone shouted out: ‘The short story dispensers!’ We have no doubt the teen poetry contest will produce the same results.”
Jennifer Easton, BART Art Program Manager:
“The BART Art Program strives to bring the voices of artists into transit spaces in fresh and compelling ways to reflect our communities, to be in dialogue with our riders, to intrigue and compel. By engaging visual artists, writers, musicians and others in our transit spaces they become dynamic, humane, and more Bay Area. Youth poetry in the Bay is so strong right now, and we’re thrilled to bring a small bit of it to the story dispensers.”
Michelle Robertson, BART Storyteller:
“What do BART and poetry have in common? On BART, not only are we given space to read, write, doze, and dream, but we’re also given the gift of sharing space with other people and the stories they hold in their bodies and minds. BART is the ‘great connector of the Bay Area,’ and with BART Lines, we’re gratified to highlight the sometimes-unexpected connections our system enables, not solely in physical space, but also in transcendental space, where poetry lives and breathes.”
Bita Nazarian, 826 Valencia Executive Director:
“826 Valencia is thrilled to partner with BART to bring youth voices to transit stations across the Bay Area. Seeing one’s writing in print can have a transformative impact on a young person’s life, and we are excited to be a part of such a unique publishing project.”
Michelle Mush Lee, Youth Speaks Executive Director:
“Youth Speaks is thrilled to partner with BART on this unique public art project celebrating youth voice and poetry. I see poetry as a universal journey, much like public transportation. Just as BART transports passengers across city lines and social jurisdictions, poetry transcends political and cultural barriers. In each line and verse, lies an invitation to journey beyond our immediate surroundings, to explore landscapes of emotion and thought. It is our vision at Youth Speaks to harness this power, creating a world where words are not just a means of expression, but a vehicle for transformative change, carrying Bay Area residents closer to ourselves and each other.”
Read MoreBrentwood resident Ron Reagan thanked during her annual District III open house
By Contra Costa County Supervisor Diane Burgis
I was joined by several dozen community members at my 2024 Office Open House on Monday, and had a chance to catch up after the holidays, introduce my newest staff members, and share my plans for the new year.
If you weren’t able to attend, here are some of the highlights:
- East County has twice the number of firefighters on duty at any time than we did three years ago. With two fire stations planned to break ground in Brentwood this year, we’ll have triple the coverage we did in 2021.
- In the coming months, the Delta Protection Commission, which I chair, will submit its management plan for the Delta National Heritage Area, the only National Heritage Area on the West Coast. This will be the biggest step forward for the Delta National Heritage Area since its creation by Congress in 2019.
- Industry-leading aviation testing continues to occur at Byron Airport and Buchanan Field, with companies like Pivotaland Elroy Air leading the way.
- The County is bringing more services to East County, including a County Resource Center, Youth Centers and an African-American Wellness Hub, all of which are in stages of study or planning.
I also had the opportunity to present Brentwood resident Ron Reagan a signed resolution from the Board of Supervisors honoring his work on the Contra Costa County Aviation Advisory Committee.
Ron began serving on the Aviation Advisory Committee in 2012 as the District III representative. Through 11 years of service, he successfully advocated for many of the major improvements to Byron Airport and Buchanan Field, including the establishment of the Bay Area Test Site for drone testing, the 4.14-acre Byron Phase I Development, and the completion of the Byron Aircraft Rescue and Firefighting/Maintenance Storage Building.
My thanks to Ron for his years of service to our airports and our community, and thank you to everyone who attended the open house.
Read MoreTo generate at least $1 to $2 billion annually; priorities include transit, safer streets and roads, resilience
Commissioners considering a variety of tax options
By John Goodwin & Rebecca Long, Metropolitan Transportation Commission
The Metropolitan Transportation Commission (MTC) on Wednesday, Jan. 24, 2024 voted to pursue legislation in Sacramento this year that would enable Bay Area voters to consider a transportation revenue measure as early as November 2026.
The proposed measure aims to advance a climate-friendly Bay Area transportation system that is safe, accessible and convenient for all. This includes preserving and enhancing public transit service; making transit faster, safer and easier to use; repairing local streets and roads; and improving mobility and access for all people, including pedestrians, bicyclists and scooter and wheelchair users.
The vote was approved unanimously by all members present. There are 21 commissioners with three non-voting members. Oakland Mayor Sheng Tao and San Jose Mayor Matt Mahan who are voting members were both absent during the vote.
State Sen. Scott Wiener of San Francisco earlier this month introduced what is known as a spot bill that will be used as the vehicle for authorizing placement of the proposed measure on a future ballot in each of the nine Bay Area counties. The first opportunity to amend Wiener’s Senate Bill 925 will be in mid-February.
While the Commission has not yet identified a revenue source for the proposed measure, MTC Chair and Napa County Supervisor Alfredo Pedroza noted that he and his colleagues are considering a wide range of options.
“Voters traditionally have supported transportation through bridge tolls or sales taxes. Bridge tolls are not an option in this case and we think it’s smart to look at more than a regional sales tax. We’re proposing a few options so we have enough flexibility and enough time to get it right.”
Tax Options & Projected Revenue
Legislators, and MTC staff and commissioners, will consider several options for generating revenue. These may include a sales tax, an income tax, a payroll tax, a square footage-based parcel tax, a Bay Area-specific vehicle registration surcharge with tiered rates based on the value of the vehicle or a regional vehicle-miles traveled charge (VMT) charge subject to prior adoption of a statewide road usage charge not sooner than 2030.
MTC staff recommend raising at least $1 billion to $2 billion per year for robust investments in safe streets and other capital improvements, to improve and expand transit service, and to help Bay Area transit agencies operate their services.
Goals of the Regional Transportation Measure
The revenue measure’s core goal is to advance a climate-friendly transportation system in the Bay Area that is safe, accessible and convenient for all. Focus areas include:
- Protect and enhance transit service. Ensure that current resources are maintained and used effectively; and enhance service frequency and areas served.
- Make transit faster, safer and easier to use. Create a seamless and convenient Bay Area transit system that attracts more riders by improving public safety on transit; implementing the Bay Area Transit Transformation Action Plan; and strengthening regional network management.
- Enhance mobility and access for all. Make it safer and more accessible for people of all ages and abilities to get to where they need to go. Preserve and improve mobility for all transportation system users, including people walking, biking and wheeling.
Proposed Expenditure Categories
- Transit transformation: sustain, expand and improve transit service for both current and future riders; accelerate customer-focused initiatives from the Bay Area Transit Transformation Action Plan and other service improvements that are high priorities for Bay Area voters and riders; and help fund the transition to zero-emission transit.
- Safe streets: transform local streets and roads to support safety, equity and climate goals, including through pothole repair, investments in bicycle/pedestrian infrastructure, safe routes to transit and other safety enhancements.
- Connectivity: fund mobility improvements that close gaps and relieve bottlenecks in the existing transportation network in a climate-neutral way.
- Climate resilience: fund planning, design and/or construction work that protects transportation infrastructure and nearby communities from rising sea levels, flooding, wildfires and extreme heat.
Transportation Measure Highlights
This measure reflects feedback from Commissioners, key legislative leaders and other stakeholders, including:
- Improving transit coordination by strengthening MTC’s role as regional transit network manager;
- A focus on Bay Area Transit Transformation Action Plan (TAP) action items and other customer facing policies that would benefit from a regional approach, such as ambassadors to assist riders and support a safe atmosphere;
- Flexibility in the amount of revenue requested, as well as the way that funding could be generated;
- Flexibility in spending priorities as the region’s needs evolve with time; and
- The “North Star” vision statement, which includes greenhouse gas emission-reduction tools, such as:
- A Transportation Demand Management mandate that encourages Bay Area employees to commute to work in ways other than driving to work alone; and
- A limitation on how money could be spent on highway-widening projects.
Just as MTC commissioners have proposed a range of tax options, so too have they identified multiple expenditure categories.
“We recognize that we’ll be asking voters to take on a heavy lift,” acknowledged Pedroza. “The big lesson from COVID is the need to transform both our transit network and the way we pay to operate it. But we also need to transform our local streets and roads to fix potholes and make the roads safer for walking and biking. We need to improve connectivity and do it in a way that doesn’t encourage people to drive more. And we need to make our transportation infrastructure more resilient to rising sea levels, flooding, wildfires and extreme heat.”
Measure Vision Statement
The commissioners also adopted the following Vision Statement for the measure: “The Bay Area needs a world-class, reliable, affordable, efficient and connected transportation network that meets the needs of Bay Area residents, businesses and visitors while also helping combat the climate crisis; a public transit network that offers safe, clean, frequent, accessible, easy-to-navigate and reliable service, getting transit riders where they want and need to go safely, affordably, quickly and seamlessly; local roads are well maintained; and transit, biking, walking and wheeling are safe, convenient and competitive alternatives to driving; enhancing access to opportunity, lowering greenhouse gas emissions, strengthening the region’s economy and improving quality of life.”
To learn more about the proposed tax measure click, here. To read the supporting documents considered by the Commissioners click, here.
MTC is the transportation planning, financing and coordinating agency for the nine-county San Francisco Bay Area.
Allen D. Payton contributed to this report.
Read More
Open to the public
By Kristi Jourdan, PIO, Office of Communications & Media, Contra Costa County
Improving the quality of life for Contra Costa County residents through diverse, equitable, inclusive and accessible programs and services will be the center of the Board of Supervisors annual retreat discussion Tuesday, Jan. 30, at Pittsburg City Hall, 65 Civic Avenue in Pittsburg.
The meeting is scheduled to begin at 9:30 a.m.
“Ensuring we’re meeting community needs is always our focus,” said Board Chair Federal Glover, District 5 Supervisor. “The retreat offers an opportunity for us to anticipate economic factors and continue prioritizing resources accordingly to make sure we’re having the greatest impact through our services.”
Supervisors will receive an economic forecast from Beacon Economics. Office of Racial Equity and Social Justice (ORESJ) Co-Directors Dr. Kendra Carr and Peter Kim will present a summary of ORESJ priorities for the coming year including new initiatives toward expanding equity, building office infrastructure and staffing, developing the Lived Experience Advisory Board, and proposed costs. Pittsburg City Manager Garrett Evans is also scheduled to speak.
The Board of Supervisors sets the direction of the County government and oversees its $5.5 billion budget to serve the 1.2 million residents of this diverse East Bay county with a “AAA” bond rating.
The Board meeting will be accessible in person at Council Chambers, Pittsburg City Hall, 65 Civic Avenue, Pittsburg. The meeting will be televised live on Comcast Cable 27, ATT/U-Verse Channel 99, Astound Channels 32 & 1027, and can be seen live online at www.contracosta.ca.gov or www.contracostatv.org.
For more information about Contra Costa County and its Board of Supervisors, visit the County’s website at www.contracosta.ca.gov or the webpage: https://www.contracosta.ca.gov/7283/Board-of-Supervisors.
Read MoreSignificant decline in number of highway violence incidents involving firearms for second year in a row.
By Jaime Coffee, CHP Media Relations
SACRAMENTO, Calif. – In a significant milestone for public safety, the California Highway Patrol (CHP) documented a substantial reduction in the number of freeway shootings across the state. The number of confirmed freeway shootings in California dropped from 349 to 274 last year – a reduction of more than 21% from the previous year and a 38% reduction from 2021.
In addition to the reduction in the number of freeway shootings, CHP data confirms the number of victims killed and injured in highway violence incidents also decreased. Last year there were four people killed in freeways shootings, which is a 60% reduction from 2022. Additionally, there was an 8% reduction in the number of people injured – from 74 to 68 last year. Reflecting the good work that contributed to these reductions, the number of arrests by the CHP in freeways shootings increased nearly 9% from 2022.
“While this downward trend marks progress, let’s be clear: one life lost by gun violence is one too many,” said Governor Newsom. “California will remain relentless in our pursuit to improve public safety, reduce gun violence, and invest in smart crime-fighting strategies that deliver real results.”
“Freeway shootings are serious crimes, and the CHP actively investigates every incident of highway violence,” said CHP Commissioner Sean Duryee. “This accomplishment reflects our unwavering commitment to ensuring the safety of our highways throughout California and fostering an environment where motorists can travel without fear.”
If you are driving on the freeway and a shooting takes place near you, you should remain calm, be a good witness and note any details such as vehicle descriptions and license plate numbers. Maintain a safe distance from the suspect, and call 9-1-1 if possible, to report the incident and your current location.
The mission of the CHP is to provide the highest level of Safety, Service, and Security.
Read More
Main Street Arts welcomes its newest member Dean Evans. His work focuses on the coastal areas and towns that surround the San Francisco Bay. Evans seeks out the parts of the Bay that haven’t been affected too much and still retain some of the area’s uniqueness.
“Making paintings of these places is the best way I have to share my interest in their disappearing character and also preserves something of my past,” Evans said. “I grew up in the area and have seen many dramatic changes there. Now, I find myself seeking out the parts that haven’t been affected too much and still retain some of the area’s uniqueness. Making paintings of these places is the best way I have to share my interest in their disappearing character and also preserve something of my past.”
We will be open on February 2 from 6 to 9pm during Martinez First Fridays so you can be the first to view these beautiful and outstanding expressions of the Bay. A preview of the show is available at www.mainstreetarts.net.
The California Watercolor Association exhibit continues to February 25. After that we will have Assemblage Artist, Dave Kwinter’s work on our guest wall, and we invite the public to his reception on March 1 from 6 to 9pm during the Martinez First Fridays event
While you are visiting the gallery don’t forget to sign up for our monthly drawing for a free piece of work from one of our eleven members. December’s drawing offered an original abstract by Mimi Wirth. January’s drawing is offering a gorgeous Asian themed painting by Eric Carlstrom. February will highlight an original work by Bonnie Fry.
February is the month for Valentines Day! How about giving a gift that will last forever? Make it something so special like an original piece of art.
Main Street Arts is located at 613 Main Street in Martinez. We are open Wednesday through Saturday from 1:00am to 4:00 pm and Sunday from 10:00 am to 2:00 pm.
From all of us at Main Street Arts, have a great 2024!
Read More
24-year-old also involved in separate January 8th incident
By Ted Asregadoo, PIO, Contra Costa District Attorney’s Office
A 24-year-old Danville resident has been charged by the Contra Costa District Attorney’s Office with a five-count complaint that includes two felonies for assault.
Kevin Hu Xu was arraigned in Contra Costa Superior Court in Martinez today, January 24, 2024, for an assault with a deadly weapon and assault by means likely to produce great bodily harm. Both counts are felonies that include special allegations related to great bodily harm. In addition to the
felony charges, Xu has been charged with the following misdemeanor offenses: resisting, obstructing, or delaying a peace officer, battery, and aggravated trespassing.
The incident that led to Xu’s arrest started on January 20th around 2:20 in the afternoon. Xu was exiting his residence on Glasgow Circle when he encountered his father walking toward a neighbor’s home. Xu and his family are estranged and do not live together, and his father expressed to the police that he is afraid of his son because of his erratic behavior. When Xu’s father saw him, he turned and fled down a street calling for help while Xu pursued him. When Xu caught up with his father, he proceeded to strike him several times causing multiple injuries requiring medical treatment. Danville Police were called and attempted to locate Xu – who evaded police detection until the next day.
In another incident on January 8th, Xu was sitting on a sidewalk near some trash receptacles when a neighbor came out and asked him to leave. However, instead of leaving, Xu followed the neighbor into a garage and attempted to gain entry to their home. The neighbor and another family member were able to repel Xu from forcing his way into the home and called 911 shortly afterward.
Xu remains in custody at the Martinez Detention Facility on $117,000 bail. The Contra Costa Sheriff’s Office Inmate Locator shows his bail is set at $147,000.
Asked which amount is correct, Asregadoo responded, “The bond was set by the court at $117,000. He was arraigned today. There may have been a request to increase the bail amount, but the court has not updated their information on this case. However, Court Protective Orders have been issued for victims in both incidents in case he makes bail.”
If convicted on all counts with the special allegations, Xu could face a sentence between 2 and 7 years in state prison.
Case No. 01-24-00218 | The People of the State of California vs Xu, Kevin
Allen D. Payton contributed to this report.
Read MoreBy Jen Vanya, Public Information Specialist, East Bay Regional Park District
For the past 31 years, the East Bay Regional Park District has encouraged the public to explore their Regional Parks through its annual Trails Challenge program. The free program connects people with nature and healthy recreation by providing 20 designated trails for each year’s challenge.
The 2024 Guidebook includes 20 trails available for all levels of fitness, ranging from easy and moderate to challenging. There are trails open to hikers, bicyclists, dogs, and equestrians. Trails Challenge 2024 also offers increased accessibility with trails that have been evaluated and identified as usable by persons with mobility limitations.
To complete the challenge, hike five of the 20 trails, or 26.2 miles (the distance of a marathon) of trails within East Bay Regional Park District. You can submit your log, online or by mail, by December 1, 2024, and receive a commemorative pin, while supplies last.
Trails Challenge is made possible in partnership with the Regional Parks Foundation and Kaiser Permanente, who have both sponsored Trails Challenge since 2005.
Download the 2024 Trails Challenge and learn more at ebparks.org/TC.
Tips for the Trails
East Bay Regional Parks are popular with hikers, bikers, equestrians, and nature viewers, among others. Help keep trails enjoyable for all by following these tips for the trails:
- Hikers:Stay to the right and stay alert
- Bikers:Slow down around others and call out or ring your bell when passing
- Equestrians:Keep to the right around other trail users and let them know how to pass your horse safely
More tips for trail safety can be found on our Trails are for Everyone webpage: www.ebparks.org/about-us/whats-new/news/trails-are-everyone.
The East Bay Regional Park District is the largest regional park system in the nation, comprising 73 parks, 55 miles of shoreline, and over 1,300 miles of trails for hiking, biking, horseback riding, and environmental education. The Park District receives an estimated 30 million visits annually throughout Alameda and Contra Costa counties in the San Francisco Bay Area.
Read MoreBy Jon Coupal
Note: This column first appeared in The Press-Enterprise. Republished with permission.
Daily news reports on the great “California Exodus” are not just from conservative outlets. Left-leaning publications such as the Los Angeles Times and San Francisco Chronicle have recently reported on the outmigration of upper-income citizens who, even if not billionaires, still generate a lot of income tax revenue.
Earlier this month the California Legislature held a hearing on Assembly Bill 259 which would lay the foundation for the imposition of a wealth tax. The companion legislation to AB 259 is a proposed constitutional amendment that would, among other things, effectively sweep away Proposition 13’s limits on taxing property.
Fortunately, the idea that California would be the first in the nation to impose a highly unpopular wealth tax is so radical that the proposal was rejected by Democrats as well as Republicans on the Assembly Revenue and Taxation Committee. It didn’t take long for the Democrat chair of the committee to shuffle the bill to the “suspense” file where bad legislation goes to die.
Coincidentally, the wealth tax hearing occurred on the same day that Gov. Newsom released his proposed budget. Things got a little sparky during the presentation with Newsom pushing hard against the Legislative Analyst’s figure of a $68 billion deficit. Newsom contends that the deficit is “only” $38 billion. (But hey, what’s a $30 billion difference between friends).
Newsom saved his most animated criticism for those who highlight the state’s shortcomings, including the significant outmigration of California’s most productive citizens. He especially targeted the editorial page of the Wall Street Journal, which has never been reticent about commenting on the state’s well-deserved reputation for anti-business bias.
But to his credit, Newsom rejected the notion of a wealth tax – at least for now. For taxpayers, it matters little whether the governor’s stance is motivated by politics or a sincere policy position. Either way, we’ll take it.
The problems with the wealth tax proposal – even as half-baked as it is – are legion. But one issue should be especially troubling to anyone who believes both in fiscal restraint and basic constitutional freedoms. That is, could a wealth tax be applied to people who voluntarily leave the state for the specific purpose of avoiding California’s highest-in-the-nation income taxes? AB 259 contains a provision that applies the wealth tax to every “wealth-tax resident,” defined as someone who “is no longer a resident, and does not have the reasonable expectation to return to the state.”
The question here is not whether a resident of another state can be taxed when they have a “nexus” to California, for example income earned in California or owning property in the state. Rather, what about someone who no longer has any connection to California? The proposal to tax wealth on such people would likely be deemed to violate the U.S. Constitution’s Commerce Clause.
More fundamentally, an “exit tax” could be construed as an impairment to the right to travel. The U.S. Supreme Court affirmed in 1958 in Kent v. Dulles that citizens have a liberty interest in the right to travel: “[t]he right to travel is a part of the ‘liberty’ of which the citizen cannot be deprived without due process of law under the Fifth Amendment …”
Setting aside the practical and legal problems with this or any wealth tax proposal, a fundamental problem is the signal it sends to all productive California taxpayers as well as those in other states who might consider moving here. California already has a horrible reputation for its treatment of taxpayers and businesses, why would we even consider another punishing tax?
The proponents of the wealth tax need to be reminded that, as much as they might want to prevent citizens from leaving, California is not East Berlin. The U.S. Constitution will not allow the state government to build a wall to keep citizens in, and then shoot tax bills at them when they try to escape.
Jon Coupal is president of the Howard Jarvis Taxpayers Association.
Read More