Business
Column: Taxpayer 'protection' or taxpayer 'deception'? A new ballot measure aims to destroy the California state budget
It’s indisputable that the decline of state fiscal management in California began with the passage of Proposition 13 in 1978.
The tax-cutting initiative upended the tax structure that provided most of the revenues needed by localities and school districts, undermining the locals’ control of their own spending.
It was sold to voters as relief for beleaguered middle-class homeowners, but that was largely a scam: The chief beneficiaries have been the richest homeowners and commercial and industrial property owners, who have received billions of dollars in property tax breaks at the expense of residential owners.
These provisions discourage new government efforts no matter how urgent the problem to be addressed,…[and] hang like a shadow over budgets to be adopted in summer 2025.
— League of California Cities, et al
So it may be unsurprising that the heirs of Proposition 13’s proponents are trying to pull another fast one on California taxpayers.
Their tool, pushed chiefly by the California Business Roundtable, apartment developers and others of that ilk, is the so-called Taxpayer Protection and Government Accountability Act.
The Business Roundtable spent $6.375 million in 2022 pushing the initiative and an additional $770,000 last year; about $310,000 came in 2022 from the Howard Jarvis Taxpayers Assn., named after the chief promoter of Proposition 13, and about $400,000 last year from R.W. Selby & Co., a big apartment developer.
The initiative has been scheduled for the November ballot and will appear there unless the state Supreme Court throws it off; that’s what the measure’s critics have asked, citing numerous technical reasons.
The state’s political leadership is striking back in another way: through a public campaign targeting the Business Roundtable and its leading corporate members, and endorsed by Gov. Gavin Newsom, the Democratic legislative leaders, and organizations such as the League of California Cities, the Service Employees International Union, the California Medical Assn. and the California Teachers Assn.
Their strategem is to redefine the measure as the “Taxpayer Deception Act” and assert in public outreach that it would eliminate state funding for “paid family leave, disability insurance, gun violence prevention, and climate programs,” as well as funding for road and infrastructure maintenance.
Is this a fair assessment? It largely conforms to the judgment of the Legislative Analyst’s Office, which found that it would result in “lower annual state and local revenues, potentially substantially lower.”
As is so often the case when the business lobby starts whining about its difficulties operating in the largest economy and most vigorous consumer market in the United States, “deception” is an understatement.
But let’s start with the text of the initiative itself. Fundamentally, it would change the rule for the enactment of a tax increase from current law, which requires a two-thirds vote of each legislative chamber or passage by a majority of voters, to two-thirds of each chamber and a majority of voters. Obviously this raises the bar significantly.
The initiative also would redefine numerous governmental fees as taxes subject to the new rule. Perhaps most damaging, it would retroactively invalidate any revenue measures passed since Jan. 1, 2022, unless they’re re-ratified in 2025.
Taken together, “these provisions discourage new government efforts no matter how urgent the problem to be addressed, … hang like a shadow over budgets to be adopted in summer 2025, … and impair California governments’ ability to borrow,” a coalition of government advocacy organizations led by the League of California Cities told the Supreme Court in a friend-of-the-court letter. The prospect of passage is “already undermining certainty and impairing planning in government finance,” they wrote.
The initiative backers are plainly intent on riding generalized discontent with taxes to victory. The text bristles with shibboleths of the anti-tax movement, for example by blaming higher taxes on “unelected bureaucrats, empowered by politicians and the courts.” It ties itself to Proposition 13 by stating that its purpose is “to further protect the existing constitutional limit on property taxes” — i.e., Proposition 13.
Let’s take a closer look at the promoters’ lead slogans. One is that the initiative “stops politicians from using ‘hidden taxes’ disguised as fees to drive up the cost of government services.” This absurdly turns reality on its head. Taxes don’t “drive up” the cost of services — they’re levied to pay for government services, almost all of which are favored by taxpayers, and the disappearance of many of which would elicit a taxpayer revolt.
Another slogan holds that Californians are struggling with the “highest income tax, state sales tax, gas taxes, and poverty rate.”
It’s true that California’s top marginal income tax rate is the highest in the nation. But one can hardly blame that on “unelected bureaucrats”: Voters specifically endorsed the current top rates at the ballot box in 2004, 2012 and 2016 — the last by a 63%-37% vote.
The truth, moreover, is that the vast majority of California taxpayers don’t pay anywhere near the top rate, according to the Institute on Taxation and Economic Policy. Who does? The special interests behind this initiative. The highest marginal rates, ranging from 10.3% to 13.3%, kick in for single filers with incomes over $350,000 and couples with incomes of nearly $700,000 and higher.
California’s income tax is steeply progressive, meaning those who earn the most pay disproportionately more. The lowest-income 95% of households, with incomes of less than $25,200, pay less than about 4% of family income in state income tax; the highest 1%, with earnings of $862,000 or higher, pay nearly 9% of their earnings in income taxes.
If you’re wondering why executives sitting around the Business Roundtable might be agitating for lower taxes, there’s your answer.
It is true that the state sales tax rate of 7.5% is the highest in the nation. It’s also our most regressive tax, meaning it burdens lower-income Californians the most — costing the lowest-earning 20%, with household incomes of $25,200 or less, an average 7.6% of family income. That burden drops steadily as income rises, reaching a mere 1% for the blessed top 1% of earners.
One might reasonably ask why the income and sales tax rates are so high in California. The answer is Proposition 13, which eviscerated the property tax that was once the most stable and productive revenue source for local government. With the passage of Proposition 13, the revenue-raising responsibilities devolved to the state, which had no option for covering local needs except through the income and sales tax.
It should come as no surprise that the tax initiative backers don’t mention the property tax in their spiel. The reason is that California’s effective average property tax rate ranks only 33rd among the states; Texas and Florida, which boast of imposing no income tax, are both higher (6th and 26th, respectively, according to Census Bureau figures).
One other point bears mentioning, for perspective. It concerns who the beneficiaries are of these states’ tax structures. In Texas and Florida, it’s the rich. As a share of family income, the total tax burden in Texas falls heaviest on the lowest-income households — 12.8% of family income for those earning $21,700 or less — and lightest on the wealthiest — 4.6% of family income on the top 1%, earning $744,800 or more.
Florida looks the same: Households with earnings of $19,600 or less pay 13.2% of their income in state taxes, but the top 1%, earning $735,700 or more, fork over a mere 2.7% of their income in taxes.
California’s structure is much more equitable. All blocs in the income range, from the lowest 20% (less than $25,200) to the top 1% ($862,000 or more) shoulder burdens ranging from 10.3% to 12%.
Make no mistake: The promoters of the tax initiative want California to look more like Texas and Florida.
Gas taxes, which the initiative promoters also target, are a special case. It’s true that California’s gas tax is the highest in the country, at about 78 cents per gallon. But they also pay for benefits that most Californians would probably regret losing, including clean air, clean gas technology and road and bridge maintenance.
Also, a sizable contributor to the price Californians pay for gas is what Severin Borenstein of UC Berkeley has identified as the “mystery surcharge.” That’s a difference in gasoline prices, currently more than 40 cents per gallon extracted by oil producers, refiners or retailers at an unidentifiable point of the gasoline economy.
Borenstein originally traced the surcharge to a price spike following an explosion at Exxon Mobil’s Torrance refinery in 2015 that led to a more than year-long shutdown — but the spike never disappeared after the refinery came back online.
We can set aside the poverty rate for two reasons: First, its relationship to taxes is dubious, since households in poverty generally pay the lowest taxes (other than sales taxes) in California’s progressive system.
Second, according to the Census Bureau, California’s official poverty rate ranks 22nd among all states as measured by the percentage of residents living below the official poverty line, far better than states such as Mississippi, Alabama, Arkansas and West Virginia.
California does lead the nation in a calculation known as the supplemental poverty measure, but tax rates play almost no role in that calculation, which is based on factors such as housing costs.
Where does that leave us?
Proposition 13 was the child of legislative failure. Homeowners in the 1970s faced ever-higher property tax assessments due to a sharp run-up in home values. The Legislature could have crafted any of a myriad of solutions to deal with the crisis, but didn’t. The result was an outburst of voter fury at the ballot box in 1978, enacting the worst option of all.
Proposition 13 is what launched an era of government fees, for the simple if not obvious reason that the services and amenities California voters value have to be paid for somehow and Proposition 13 left few other options for doing so.
If California homeowners are struggling, one reason is that Proposition 13 shifted the burden of property taxes onto them: In 1975, single-family residences accounted for 39.9% of assessed values in Los Angeles County, and commercial-industrial properties for 46.6%. By 2018, the ratio had more than reversed, with houses accounting for 57.6% and commercial-industrial properties for 28.9%.
The “Taxpayer Protection Act” will make things worse. California voters will still want their services and amenities, but funding them will be much harder, so they’ll deteriorate. Voters will get angrier, but where will they turn and who will they blame?
The enduring rule of ballot measures applies here: If you want to know who will benefit from an initiative, just look who’s putting up the cash for it, and vote accordingly. The backers of the initiative say it’s “simple,” which is the clearest sign of all that it’s anything but.
Business
Commentary: In two new court cases, judges find that AI does not have human intelligence
It’s becoming clearer with every passing day that the only people making a serious effort to come to grips with the implications of artificial intelligence for society aren’t legislators, or business leaders, or AI promoters themselves. They’re judges.
Indeed, in recent weeks, judges in two federal cases have drawn a line that seems to have eluded many others contemplating AI. The cases relate to copyright law and attorney-client privilege.
In both cases, the judges have effectively declared that AI bots are not human. They don’t have rights reserved for people, and their outputs don’t deserve to be treated as though they come from human intelligence or have any special high-tech standing.
Must invention remain exclusively human, or can autonomous computational systems genuinely originate ideas?
— Artist and computer scientist Stephen Thaler
There’s more to those cases than that. Both cases, including one that got as far as the Supreme Court, underscore the determination of AI promoters and uses to infiltrate the new technology deeper into society.
Start with the more recent case. On Monday, the Supreme Court declined to take up a lawsuit in which artist and computer scientist Stephen Thaler tried to copyright an artwork that he acknowledged had been created by an AI bot of his own invention. That left in place a ruling last year by the District of Columbia Court of Appeals, which held that art created by non-humans can’t be copyrighted.
The case revolved around a 2012 painting titled “A Recent Entrance to Paradise,” depicting train tracks running under a bridge and disappearing into vegetation. Thaler wrote in his application for a copyright that the “author” of the work was his “Creativity Machine,” an AI tool, and that the work was “created autonomously by machine.”
The appellate ruling didn’t engage in artistic criticism, but the work’s artificial origin might be manifest to the discerning eye — its landscape is busy yet indistinct, sort of a melange of green and purple, and the framing doesn’t have any artistic logic — the eye doesn’t know what it’s supposed to be following. But Thaler says it’s the AI bot’s creation and wasn’t generated in response to any user prompt.
In any event, for Judge Patricia A. Millett, who wrote the opinion for a unanimous three-judge panel, the case wasn’t a close one. She cited longstanding regulations of the Copyright Office requiring that “for a work to be copyrightable, it must owe its origin to a human being.”
Millett noted that Thaler hadn’t bothered to conceal the non-human origin of “A Recent Entrance,” acknowledging in court papers that the painting “lacks human authorship.” She rejected Thaler’s argument, as had the federal trial judge who first heard the case, that the Copyright Office’s insistence that the author of a work must be human was unconstitutional. The Supreme Court evidently agreed.
Thaler told me he didn’t see the Supreme Court’s turndown as a “legal defeat.” In a LinkedIn post about the case, he wrote that the decision “represents a philosophical milestone — one that exposes how deeply our intellectual property system struggles to confront autonomous machine creativity.”
As that suggests, Thaler believes we shouldn’t distinguish how we view human creations from machine outputs. “Intelligence, creativity, and invention are not limited to human products,” he told me by email. Autonomous computational systems such as his AI program, he said, “can generate these functions independently.”
Millett’s ruling actually opened the door to admitting AI into the copyright world — but only when it’s used as a tool by a human author. What set Thaler’s case apart from those, she wrote, was his insistence that his AI bot was the “sole author of the work” (emphasis hers), “and it is undeniably a machine, not a human being.”
That brings us to the second case, which involved the question of whether an AI bot’s work should be protected under attorney-client privilege. Federal Judge Jed S. Rakoff of New York ruled, concisely, “The answer is no.”
As I’ve written in the past, Rakoff is one of our most percipient jurists about the impact of new technologies on the law. In his occasional essays for the New York Review of Books, he’s examined how a secret AI algorithm has skewed the sentencing of criminal defendants (especially Black defendants), how cryptocurrency advocates have made a tangle of existing laws on fraud, and how the misuse of cognitive neuroscience has resulted in convictions based on false memories.
In other words, Rakoff isn’t a judge you should try snowing with technological flapdoodle.
The case involved one Bradley Heppner, who was indicted by a federal grand jury for allegedly looting $150 million from a financial services company he chaired. Heppner pleaded innocent and was released on $25-million bail. The case is pending.
According to a ruling Rakoff issued on Feb. 17, the issue before him concerned exchanges that Heppner had with Claude, the chatbot developed by the AI firm Anthropic, written versions of which were seized by the FBI when it executed a search warrant of Heppner’s property.
Knowing that an indictment was in the offing, Heppner had consulted Claude for help on a defense strategy. His lawyers asserted that those exchanges, which were set forth in written memos, were tantamount to consultations with Heppner’s lawyers; therefore, his lawyers said, they were confidential according to attorney-client privilege and couldn’t be used against Heppner in court. (They also cited the related attorney work product doctrine, which grants confidentiality to lawyers’ notes and other similar material.)
That was a nontrivial point. Heppner had given Claude information he had learned from his lawyers, and shared Claude’s responses with his lawyers.
Rakoff made short work of this argument. First, he ruled, the AI documents weren’t communications between Heppner and his attorneys, since Claude isn’t an attorney. All such privileges, he noted, “require, among other things, ‘a trusting human relationship,’” say between a client and a licensed professional subject to ethical rules and duties.
“No such relationship exists, or could exist, between an AI user and a platform such as Claude,” Rakoff observed.
Second, he wrote, the exchanges between Heppner and Claude weren’t confidential. In its terms of use, Anthropic claims the right to collect both a user’s queries and Claude’s responses, use them to “train” Claude, and disclose them to others.
Finally, he wasn’t asking Claude for legal advice, but for information he could pass on to his own lawyers, or not. Indeed, when prosecutors tested Claude by asking whether it could give legal advice, the bot advised them to “consult with a qualified attorney.”
In his ruling, Rakoff did make an effort to address the broader questions judges face in dealing with AI. “Only three years after its release,” he wrote, “one prominent AI platform is being used by more than 800 million people worldwide every week. Yet the implications of AI for the law are only beginning to be explored.”
He concluded that “generative artificial intelligence “presents a new frontier in the ongoing dialogue between technology and the law….But AI’s novelty does not mean that its use is not subject to longstanding legal principles, such as those governing the attorney-client privilege and the work product doctrine.”
In this case and elsewhere, Rakoff has shown a superb grasp of technology issues. In his 2021 essay about the AI algorithm capable of sending people to jail, he put his finger on the factor that makes the very term “artificial intelligence” a misnomer.
The term, he wrote, tends to “conceal the importance of the human designer….It is the designer who determines what kinds of data will be input into the system and from what sources they will be drawn. It is the designer who determines what weights will be given to different inputs and how the program will adjust to them. And it is the designer who determines how all this will be applied to whatever the algorithm is meant to analyze.”
He’s right. That why judges have had so much trouble determining whether the AI engineers feeding information into chatbots to make it seem like they’re “creative” and even “sentient” are infringing the copyrights of the original creators of that information, or creating something new.
The problem is that they’re asking the wrong question. Everything an AI bot spews out is, at more than a fundamental level, the product of human creativity. The AI bots are machines, and portraying them as though they’re thinking creatures like artists or attorneys doesn’t change that, and shouldn’t.
Business
As gas prices rise, California gets punched harder at the pump than other states
Californians are feeling more pain at the pump than any other state as the conflict with Iran pushes up prices.
Spencer Shearer was filling up his Nissan Sentra on Friday morning at the Chevron station in Brentwood near San Vicente and Montana avenues and paying a rate higher than almost anywhere else in the country: $5.55 per gallon.
“It sucks,” Shearer said as he watched his bill on the pump click toward $50.
With the continued conflict in and around Iran, gas prices are rising. In the Los Angeles area and a few places around the San Francisco Bay Area, the cost of gas has cracked $5-per-gallon again and is even tipping toward $6 in a few places.
The spreading conflict in the Persian Gulf has had a predictable but unwelcome impact on California drivers. Californians usually pay far more for gas than people in other states.
Its pole position on prices is continuing with the latest surge.
The average cost of a gallon of regular gas in California is the most expensive in the country at $4.91, up 6% from a week ago and 11% from a month ago, according to AAA. The nationwide average is $3.32 per gallon.
The conflict with Iran has strangled movement through the Persian Gulf and catapulted the price of a barrel of oil.
The prices in California are higher than in other states because of higher taxes and stricter requirements for cleaner, more expensive gas that pollutes less. This has been a festering issue not only for the industry but also for consumers.
Fuel marketers, gas station owners and some voters have blamed Gov. Gavin Newsom’s policies.
Gas prices at a Shell station on Foothill Boulevard.
(Robert Gauthier / Los Angeles Times)
Newsom told regulators in 2021 to stop issuing fracking permits and phase out oil extraction by 2045. He also signed a bill allowing local governments to block the construction of oil and gas wells. He seemed to ease his stance last year and signed a bill allowing up to 2,000 new oil wells per year through 2036 in Kern County, which produces about three-fourths of the state’s crude oil.
As a result of the policies that seem aimed at punishing oil producers, California has seen a steady decline in crude oil production, making it more reliant on oil and gasoline supplies outside the state.
In 2024, only 23% of the crude oil refined in the state was pumped in California, with 13% from Alaska and 63% from elsewhere in the world, including about 30% from the Middle East, according to the Western States Petroleum Assn.
The primary reason gas prices in California are high is that refinery closures are reducing local supply while demand has remained high, said Zachary Leary, chief lobbyist at the Western States Petroleum Assn.
“Geopolitical events … show and highlight how fragile it is here in California,” he said.
California’s special gasoline blends are increasingly imported from overseas and can require more than a month to transport, he added.
Supply bottlenecks have been exacerbated by recent refinery closures, including the Phillips 66 refinery in Wilmington in October and the idling and planned closure of the Valero refinery in Benicia, which reduced refining capacity in the state by close to 20%.
It is hard to predict how long this spike in prices will stay, said Severin Borenstein, faculty director of the Energy Institute at UC Berkeley’s Haas School of Business.
“We don’t know whether the war will widen or end quickly,” said Borenstein. “Those things will drive the price of crude.”
At the Brentwood gas station, product manager Conner Uretsky, 30, waited as his partner refueled her Toyota Prius ahead of a trip to Palm Springs. Lately, he said, surging fuel costs have made him think twice about going on road trips.
Uretsky, who moved to Los Angeles from the East Coast about six years ago, said he was initially shocked by the region’s high cost of living.
“Gas prices are crazy,” he said.
Paula, a writer who declined to share her last name, said she was “furious” at President Trump’s decision to start a war with Iran, as well as his recent actions in Venezuela and threats against Greenland and Cuba.
“If you look at who’s paying for this war, we are,” she said, pointing to the fuel price flip sign as she waited for her Volvo hybrid SUV to refuel.
Shearer says he has to be more careful with his gas budget. The business analyst tries to find the least expensive gas near his home in Los Angeles. Still, he’s gotten used to California’s high prices.
“It feels almost normal to be paying this amount,” he said.
Times staff writer Laurence Darmiento contributed to this report.
Business
Labubu maker Pop Mart is opening U.S. headquarters in Culver City
Pop Mart, the Chinese toymaker known for its collectible Labubu dolls, reportedly plans to open a new office building in Culver City as it seeks to expand its North American presence.
The 22,000-square-foot office will serve as Pop Mart’s new U.S. headquarters, according to real estate data provider CoStar, which earlier reported the deal.
Pop Mart, founded in 2010 in Beijing, is credited with fueling the frenzy over “blind boxes” — small, collectible toys sold in packaging that keeps the exact figure inside a surprise until it is unsealed.
The toymaker, which is publicly traded on the Hong Kong Stock Exchange, has nearly 600 physical stores across 18 countries, according to its September 2025 half-year financial report.
Much of its recent growth has concentrated in the U.S. In the first half of last year, the company opened 40 new stores, including 19 in the Americas. In Southern California, it now has stores in Westfield Century City, Glendale Galleria, and Westfield UTC Mall in La Jolla.
The office building Pop Mart is moving into, named “Slash,” features leaning glass windows and a distinguishable jagged design. The 1999 building was designed by the Los Angeles architect Eric Owen Moss.
Pop Mart’s decision to root itself in L.A.’s Westside comes amid Culver City’s transformation from a sleepy suburb known for being the home to Sony Pictures Studios — to an urban hub, driven, in part, by the Expo Line station that opened in 2012.
Ikea recently announced plans to open a 40,000-square-foot store in Culver City’s historic Helms Bakery complex — its first in L.A.’s Westside — later this spring.
Big tech has played an important role in Culver City’s recent evolution. Recent additions include Apple, which has opened a studio and has been building a larger office campus; Amazon, which in 2022 unveiled a massive virtual production stage, and Tiktok, which in 2020 opened a five-floor office featuring a content creation studio. Pinterest has a new office in Culver City as of last month, according to the company’s LinkedIn account.
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