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Jim Battin

SB 41 – California Fallen Firefighters Assistance Tax Clarification Act of 2006 – Signed Today

I am thrilled to report that today the Governor signed my SB 41 – The California Fallen Firefighters Assistance Tax Clarification Act of 2006.  

It was a bitter-sweet event.  

It was wonderful that all obstacles have been removed, so the families of the five firefighters that lost their lives fighting the Esperanza Fire will now be able to receive the $1.3 million that the community spontaneously donated to the Central County United Way for them.  It was great that the governor made a special trip to Riverside County to sign the bill and express his sympathy for the families and gratitude on behalf of the state to the heroes that lost their lives.  

It was terribly sad we had to do this at all.

Last October, an arsonist started the Esperanza fire that destroyed 34 homes, caused nearly $10 million dollars in damage and claimed the lives of five firefighters.

The community’s heartfelt response was immediate and overwhelming.  5,047 checks and 153 credit card charges were collected by the Central County United Way totaling $1,368,611.17 for the families.

Unfortunately, it became apparent that the United Way’s tax exempt status would be jeopardized unless federal and state law were changed to allow the money to be distributed directly to the families.  The law prevents non-profits from distributing directly to individuals.  

Congresswoman Mary Bono jumped right on this and before the last congress adjourned for the year, she was able to pass a federal fix through congress and the president immediately signed her bill.

The United Way contacted my office (they also contacted Assemblyman Paul Cook and Assemblywoman Bonnie Garcia as well – the fire ravaged their districts) to handle the state fix.  We immediately drafted a bill and as soon as the legislature convened in January we moved Heaven and earth to get the bill passed.

The entire legislature deserves credit here.  The bill had jets – rules were waived to express it, committees that weren’t scheduled to meet met to get the bill passed, and it passed both houses unanimously.  No politics – no partisanship – just everyone coming together to help these families, as fast as we could.

Governor Schwarzenegger was intrumental from the beginning as well.  Not only was he a steady hand – in charge – when the fire struck, his office did everything they could to get the bill passed as soon as possible.  He made the special trip to Cabazon today to honor the lives of the heroes and with a stroke of his pen, he made it possible for their families to start moving forward.

The money will never replace the sacrafice made by Mark Loutzenhiser (age 44), Jess "Gus" McLean (age 23), Daniel Hoover-Najera (age 20), Pablo Cerda (age 19) or Jason McKay (age 23), but hopefully their families will be a little more at peace knowing California respects and is grateful for their service.

SB 41 is the first bill on the session to become law.  It is a fitting and worthy bill to deserve that distinction.