Part VI of . . .
By Vic Repstad and Greg Marks
2010 – the never ending saga.
The INITIATIVE: from last month, stated that AB 32 implementation will be suspended until the unemployment rate in California is 5.5% or less for four consecutive calendar quarters. During this suspension period, no state agency shall propose, promulgate, or adopt any regulation implementing AB 32 regulations.
The title submitted to Attorney General Jerry Brown was California Jobs Initiative.
On 03 February 2010, the INITIATIVE was renamed by Attorney General Jerry Brown to:
SUSPENDS AIR POLLUTION CONTROL LAWS REQUIRING MAJOR POLLUTERS TO REPORT AND REDUCE GREENHOUSE GAS EMISSIONS THAT CAUSE GLOBAL WARMING UNTIL UNEMPLOYMENT DROPS BELOW SPECIFIED LEVEL FOR FULL YEAR. INITIATIVE STATUTE.
And if that doesn’t get you to wonder just what is going on with AB 32, or who is running agencies like California Energy Commission, look at this little “I’m not responsible” tagged on page 2 of a report titled Fuel Efficient Tire Program, California Code of Regulations Title 20. Public Utilities and Energy Division 2, Chapter 4, Article 9, Sections 1680 Et Seq:” This is an official document! It is making rules about our tires!
“DISCLAIMER
This report was prepared by a California Energy Commission staff person. It does not necessarily represent the views of the Energy Commission, its employees, or the State of California. The Energy Commission, the State of California, its employees, contractors and subcontractors make no warrant, express or implied, and assume no legal liability for the information in this report; nor does any party represent that the uses of this information will not infringe upon privately owned rights. This report has not been approved or disapproved by the California Energy Commission nor has the California Energy Commission passed upon the accuracy or adequacy of the information in this report.”
The report doesn’t divulge the author for the rule they just jammed down our throats. Yeah, it is time.
Until then, keep her tuned and running.
Part V of . . .
By Vic Repstad and Greg Marks
2010 –.
On 11 January 2010 - Assembly Natural Resources Committee held hearings on:
AB 118 (Logue – 2009). AB 118 sets out to Repeal AB 32, the Global Warming Solutions Act of 2006. By a party line vote the bill was defeated, it will not go anywhere.
Vic Repstad appeared in support of AB 118. There were high priced major organizations attending. From the Lung Association to the Bay Area Air Quality group, they were all for stopping AB 118 which would have resulted in a common sense approach to air quality.
All is not lost as there is an Initiative that will roll out January 26, 2010. It states that AB 32 implementation will be suspended until the unemployment rate in California is 5.5% or less for four consecutive calendar quarters. During this suspension period, no state agency shall propose, promulgate, or adopt any regulation implementing AB 32 regulations.
The proponents of this Initiative are: Peoples Advocate Initiative Committee represented by Bob Costa; Assemblyman and Dan Logue; Congressman Tom McClintock. The Initiative is endorsed by Congressman Devin Nunes, 5- California state Senators; 13-California assembly members; Aubrey Stone of the California Black Chamber of Commerce and Betty Jo Toccoli, chair of the California Small Business Association, former assemblyman Rick Keene and small business and farm owners around the area. People’s Advocate Initiative Committee – 3407 Arden Way, Sacramento, CA 95825.
OUR CAR LEGISLATIVE STUFF: from Fred Taugher, P.P.A. lobby firm.
SB 232 (Benoit) Vehicles: specially constructed – This bill allows registration amnesty for specially constructed vehicles, that were previously registered or classified incorrectly.
These vehicles can be properly registered (following an inspection by stations certified to do the required inspection) to determine the engine model year used in the vehicle, or the vehicle model year, and the emission control system required.
The previous 500 vehicle limit is deleted, this applies to ALL special construction vehicles that meet the bill’s criteria, that is currently registered or incorrectly registered. ACCC supports this bill.
SB 385 (Wright) Historic Vehicles – This bill would exempt vehicles with Historic Vehicle license plates IF the owner signs a statement under penalty of perjury that the vehicle will be used for specified purposes and if the owner owns 2 or more currently registered vehicles that are not historic vehicle licensed vehicles. ACCC supports this measure.
SB 811 (DeSaulinier) Special Construction – special construction vehicles entering California, model year designation.
ACCC opposed this bill. Vetoed by the governor.
AB 1033 (Nielsen) Green House Gas Emissions (global warming) – Reports are required that monitor green house gas emissions and allows CARB to set limits of these emissions. This bill requires any local or state agency to measure the economic cost of such regulation and have an independent 3rd party develop that economic report and analysis if the cost were more than $1,000,000.00. (at least it is a start). ACCC wants to watch how this bill pans out.
AB 986 (Mendoza) Speed Contests (drag racing) – current law allows the driver to be arrested and the vehicle impounded. This bill would require the vehicle be inspected by CHP to determine if there have been modifications made beyond the manufacturer’s specifications and add a $30.00 registration fee and a designation on the ownership papers that the vehicle is “speed enhanced”.
Yeah, it is time.
Until then, keep her tuned and running.
Part IV of . . .
By Vic Repstad and Greg Marks
SOME DETAILS OF THE SOLUTION.
On 11 January 2010 - Assembly Natural Resources Committee will hold hearings on AB 118 (Logue - 2009).
AB 118 sets out to Repeal AB 32, the Global Warming Solutions Act of 2006.
There will also be an Initiative to REPEAL AB 32 (2006) requiring only 440,000 signatures to place it on the 2010 ballot.
HERE IS WHY THE SOLUTIONS NEED TO BE ACCOMPLISHED.
AB 32 'trigger' documents (BOOKS), published by CARB (California Air Resources Board) comprise approximately 1,000 pages, contained in the following books:
Climate Change Proposed Scoping Plan,
Climate Change Proposed Scoping Plan Appendices I,
Climate Change Proposed Scoping Plan Appendices II,
Climate Change Proposed Scoping Plan Appendices III,
California's 1990-2004 Green House Gas Emissions Inventory and 1990 Emissions Level - May 2009:
The last one (California's 1990-2004 etc) is the most scary. It has 119 pages of math equations to determine carbon output. For our hobby, some of the equations are found on page 24. 'D. Transport (IPCC 1A3)', [even though each and every page is the map to shut down California business and industry].
Reading this entire book there are references to 'IPCC' this or that. Curiosity found us looking at just what the heck is IPCC?
IPCC is the Intergovernmental Panel on Climate Change.
IPCC is headquartered in Hayama, Kanagawa, Japan and is run by Dr. Simon Eggleston. (Eggleston is heavily involved in the current Copenhagen Climate Change conference meeting of world leaders.
The IPCC 'Bureau' is comprised of such countries as Cuba, Saudi Arabia, Islamic Republic of Iran, Maldives, Malaysia, Russian Federation, Morocco, Madagascar, Sudan and Sierra Leone. There is only one American (whom we have not verified his credentials) on the IPCC Bureau. IPCC is tied at the hip with the United Nations. IPCC is 'THE AUTHORITY' on global warming and the cause.
CARB is using 'models' from the IPCC. Get it?
It appears that all the tons of carbon and waste and soot that our cars spew into the air is based upon IPCC MODELS that CARB then plugs numbers into the equation and presto! EMISSIONS!
CARB Quote from 'D', California's 1990-2004 Green House Gas Emissions Inventory and 1990 Emissions Level – May 2009: page 24 demonstrates why we should be concerned as to what CARB, SWRCB, B.A.R., in fact - all 7 of the agencies found in EPA, do.
2. Methodology
Staff used two different methodologies to estimate transport emissions. One based on amount of fuel combusted and emission factors, consistent with the tier 2 IPCC methodology. The other, more complex methodology uses an emission model based on tail pipe measurements and is consistent with the tier 3 IPCC methodology. The model-based methodology was used for estimating emissions from on-road gasoline and diesel vehicles. The simpler methodology was used for on-road vehicles combusting natural gas and all other transportation categories.
Our hobby is at risk. CARB uses 'MODELS' from an organization comprised of nation representatives who hate America. CARB plugs in numbers to these 'MODELS' and states, as fact, their findings. CARB uses the words 'tier' to make it very important. It isn't.
And where does IPCC get their 'MODELS' that CARB uses? We'll have that answer next time. There are 5 Volumes of IPCC books that CARB used for their published 'BS'. Haven't got a count on the pages yet, but an estimate is that there are 250 to 300 pages per volume. (NOTE: Volume 4 has over 600 pages, with worksheets, oh boy!). Using American Math, 5 (volumes) x 300 (pages) = 1,500 (pages).
Yeah, it is time.
Next installment will address the latest updates.
Should be interesting. Until then, keep her tuned and running.
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Part III-The Big Problem Continues
By Vic Repstad & Greg Marks
A newly discovered letter detailing 'ratepayers' dated September 3, 2008, written "WE THE UNDERSIGNED", including Robert Oglesby, Manager Legislative Affairs, California Air Resources Board, to Governor Arnold Schwarzenegger.
From experience and observations, it appears that all these well entrenched bureaucrats do is to go after money to keep them in their well entrenched strongholds and castles, and this letter is a shinning example of that mindset.
The letter bemoans Senate Bill 1762, which established the California Climate Change Institute (CCCI). The bill would allow the CCCI to be 'the exclusive entity in California to fund climate change related RD&D."The money used to finance this endeavor comes from Public Interest Energy Research (PIER) and '...2) a $37 million ratepayer increase."
The letter outlines authorization of '$370 million in NEW rates for ratepayers and seizes $120 million from existing PIER program'.
Why the concern over electric and natural gas issues? These guys are grabbing money from our electric and natural gas bills to fund CARB, and AB 32, and o ther anti-car hobby endeavors. AB 32 sets an emission reduction goal for the state of 30% reduction by 2020.
Where is this reduction coming from? Our hobby (reference last month's reference to the May 19, 2009 Inspection and Maintenance Review Committee (Bureau of Automotive Repair) publication titled, Smog Check as a 'Treatment for Older Vehicles'.
The letter further outlines that AB 32 gave CARB the sole authority to reduce green house gas, that AB 1762 takes that authority away from CARB. To get this straight, we not only have to watch CARB, but with the new legislation, we now have another entrenched bureaucracy, the California Climate Change Institute (CCCI) and they chip away at our hobby.
Their battle plan is to take on a bit at a time. We are a small group, scattered throughout California, without a single voice. They are organizations, supported by our tax money that they grab more of each day that passes, with the sole intent to take away our hobby.
So our fellow 'ratepayers', it is time to say STOP the Madness. One way to stop this is to write letters to the editor. Explain in simple terms our love of the hobby that we are responsible with our vehicles, that we keep them tuned better than the average car owner because it is our passion. You don't need to be English major to write the editor.
So what is keeping you from writing The Union?
Ð Health & Safety Code Section 28590 covering Environmental Justice Advisory Committee formation. This is a done deal. It was formed in 2007 and has three appointed members who will advise Governor Arnold Schwarzenegger and CARB and whoever else is collecting our taxes in order to take our hobby from us.
This section if found in ENFORCEMENT in AB 32.
Next installment will address solutions. Should be interesting. Until then, keep her tuned and running.
Part II of AB32 & AB118
By Vic Repstad and Greg Marks
Remember - AB 118 and the one page document that reads in total: 'THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
Section 1. Division 25.5 (commencing with Section 38500) of the Health and Safety Code is repealed.
THE PROBLEM, continued:
Health & Safety Code - Section 38510 give authority to the California Air Resources Control Board to monitor and regulate 'sources of emissions of greenhouse gases that cause global warming in order to reduce emissions of greenhouse gases'.
AB 32 mandated that by January 01, 2008, CARB shall have adopted regulations to report and verify greenhouse gas sources, AND to 'monitor and enforce compliance with this program.' (IE: it is a done deal).
Just what are the 'greenhouse gas' sources? One guess is as good as any other, however, the folks over at IMRC (Inspection and Maintenance Review Committee) is one 'office' that makes policy that the Bureau of Automotive Repair (B.A.R.) receives their marching orders.
- and -
May 19, 2009, the IMRC published a document titled, Smog Check as a 'Treatment' for Older Vehicles. This document references 'pre-1981' vehicles. Charts (from 1998) in the report cover information all the way down to model year 1964.
- and –
A chart titled 'Older vehicles seen by RDS in L.A. in mid 2007' was a result of the authors and others, setting along the freeway, with 'sniffers' and a camera. It is unknown of the protocol of how the camera was operated, but what they published was, among others, a black plated 1966 Mustang (identified as; '66 Ford seemingly registered to the same owner throughout.'and a 1971 Chevy Chevelle (identified as; 'Sold in 2004, a 1971 Chevelle. On the road at 11:48 on Wednesday, January 17, 2007; at 12:17 on Friday, February 23, 2007; at 10.56 on Friday, March 23, 2007; at 11:13 on Monday, March 26, 2007.')
Here is the problem with this publication.
1. The authors of the publication set out a 'sniffer' and camera and recorded someone's vehicle.
2. The license plate was published in a public document.
3. The authors obtained DMV information on that license plate because they knew who and how long the registered owner has owned the vehicle.
This raises the question, how many more surveillance monitors are there out on our highways, taking photos of our vehicles, some unknown individual has DMV access to obtain our vehicle information and build a data base for someone's use.
THAT IS A BIG PROBLEM.
Next Time - More on the role and authority of CARB and a newly discovered letter detailing 'ratepayers'– Health & Safety Code Section 28590 covering Environmental Justice Advisory Committee formation.
Should be interesting. Until then, keep her tuned and running.
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AB 32 (2006 – Nunez) THE PROBLEM)
AB 118 (2009 – Logue THE SOLUTION)
Part I of . . . By Vic Repstad and Greg Marks
We will be discussing the problems to our hobby with respect to AB 32 that was signed by the governor on September 27, 2006 and the less than factual information contained in the bill as well as the vast array of unknown offices/bureaus/committees and just plain bureaucrats who will ram-rod this down our collective throats.
We will also continue to remind you of the SOLUTION to this problem in the form of AB 118 (Assemblyman Logue – Chico) and the one page document that reads in total:
'THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
Section 1. Division 25.5 (commencing with Section 38500) of the Health and Safety Code is repealed.'
Back to the problem. AB 32 (2006 - Nunez) title reads as follows:
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
Section 1. Division 25.5 (commencing with Section 38500) is added to the Health and Safety Code to read:
DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006.
This bill, when typed in 12-font type size is about 14 pages long. You see the problem yet?
Global Warming solution? Their current thought is that man-made global warming spiked in 1850 at the dawn of the industrial revolution. When machinery made our lives easier, made America more productive, and made America the great industrial power she once was. How is it then that when the industrial revolution started, that warming spiked? The problem becomes more clear, doesn't it?
Here is another problem. There are three agencies that have been given responsibilities with respect to the control of emissions of green house gases. They are, State Air Resources Board (AKA 'CARB' or 'ARB'); State Energy Resources Conservation and Development Commission; California Climate Action Registry.
CARB: This 'Board' (one of over 500 within CA state government) has its AB 32 offices already established under division titles such as 'Climate Change/Global Warming/Greenhouse Gases Master Directory'; Climate Change – Behavioral Change Research'.
State Energy Resources Conservation and Development Commission: The Warren-Alquist Act (publication number CEC-140-209-001-REV1) is the legislation that created and gave statutory authority to the California Energy Commission (formally called the State Energy Resources Conservation and Development Commission) as found in Division 15 of the Public Resources Code.
We see a problem here. Why did the commission change its name so soon after it was formed? There was a revision to this act in July 2009. Who revised it. What revisions were made?
This 'Act' is 319 pages in length.
California Climate Action Registry: This is an organization with its parent organization known as 'Climate Action Reserve' – 'which tracks and registers voluntary projects that reduce emissions of GHGs.' (GHG = green house gases).
This registry is a new GHG registry that serves all of North America. And the problems keep on growing.
Next installment we will be looking at Section 38510 and the role and authority of CARB and a newly discovered letter detailing 'ratepayers' and $370,000,000 New Rates for those 'ratepayers' as well as a seizure of $120,000,000 funded by those 'ratepayers' all going on within CARB.
Don't miss it. If space permits, Section 28590 covering Environmental Justice Advisory Committee formation.
Should be interesting. Until then, keep her tuned and running.
Questions, concerns? Contact Vic or Greg. They are both actively involved in monitoring the legislation regarding our hobby.
Hobby Scores First Cash for Clunkers Program Blocked. Fight Against Scrappage Continues
The true power of a well-informed and mobilized hobby was on display as thousands of SEMA Action Network (SAN) members responded in force against a national “Cash for Clunkers” program. Efforts were made by some in Congress to include the proposal in the “American Recovery and Reinvestment Act of 2009,” also known as the “economic stimulus bill.” These attempts were defeated. On February 17, President Obama signed a clunker-free stimulus bill into law.
Cash for Clunkers programs accelerate the normal retirement of vehicles through the purchase of older cars, which are then typically crushed into blocks of scrap metal. For 20 years, Congress has rejected this “sounds good” idea because it fails to spur car sales, reduce vehicle emissions or raise fleet fuel economy.
“Lawmakers in Washington, D.C., heard overwhelming
opposition from the enthusiast community against these short-sighted proposals,” said SEMA Director of Congressional Affairs Brian Duggan. “While the fight against Cash for Clunkers and other related scrappage bills are far from over, members of Congress now recognize that they will face steadfast opposition from SAN members.”
Two proposals were considered during the Senate debate on the economic stimulus bill. The first was an $8 billion program targeting SUVs and pickups of any model year that make less than 18 mpg, such as Chevy Silverados, Dodge Rams, Ford F-Series and Jeep Wranglers. The second would have provided $16 billion worth of cash vouchers toward the purchase
of a new vehicle for qualified individuals who allowed their turned-in cars to be destroyed.
The $787 billion stimulus bill included a SAN-supported
provision allowing consumers to take a federal deduction for state and local sales/excise taxes paid on the purchase of a new car, light truck, recreational vehicle or motorcycle through 2009. The deduction is phased-out for taxpayers with an adjusted gross income in excess of $125,000 ($250,000 for couples) and applies to car loans up to $49,500.
For 2009 and 2010, the stimulus bill also provides a refundable annual tax credit of up to $400 for working individuals and $800 for working families, phased-out for taxpayers with adjusted gross income
beyond $75,000 ($150,000 couples). Workers will receive this benefit through a reduction in the amount of income tax that is withheld from their paychecks or by claiming the credit on their tax returns.
The Treasury Department will be adjusting the payroll withholding tables to reflect the change.
“I am truly impressed by the passion SAN members have for this hobby and their dedication in protecting it from legislative threats,” said Duggan. “While we celebrate this victory by keeping Cash for Clunkers out of the stimulus bill, SAN members are urged to remain vigilant as we collectively work to protect this great American tradition.”
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Legislative Alert: Oppose Federal Vehicle Scrappage Program
Our efforts to prevent Congress from including a nationwide 'Cash for Clunkers' program in the economic stimulus package has been successful so far. Thousands of SEMA Action Network (SAN) enthusiasts and SEMA members contacted House Speaker Nancy Pelosi in opposition to the plan. The Speaker's Office informed us that your emails, calls and faxes were received and, thanks to your work, Cash for Clunkers was not included in the economic stimulus package introduced in mid-January in the House of Representatives. Unfortunately, new legislation (S. 247 and H.R. 520) has been introduced in Congress to create a national vehicle scrappage program which will give U.S. tax dollars to consumers who turn-in their 'gas guzzlers' to have them crushed. Lawmakers need to scrap this idea!
The so-called 'Accelerated Retirement of Inefficient Vehicles Act' is Cash for Clunkers with a twist. Instead of focusing exclusively on older cars, this program would target vehicles with low fuel economy ratings of any model year. Participants would receive cash vouchers ranging from $2,500 to $4,500 based on the model year and whether the replacement vehicle was a more fuel-efficient new car or used car (MY 2004 or later). Fuel-efficient is defined as getting at least 25 percent better mileage for the corporate average fuel economy (CAFE) target for its class. The bill sponsors want to scrap up to one million cars a year for at least four years.
There is no evidence that the program would achieve the goal of boosting new car sales or increasing fuel mileage. Many states have considered scrappage programs in the past as a way to help clean the air or increase mpg, but abandoned the effort because they simply don't work. The programs are not cost-effective and do not achieve verifiable air quality or fuel economy benefits, but they do have a devastating impact on the many small businesses that market products and services for the scrapped cars.
Don't Delay! Please contact Senator Diane Feinstein and Rep. Henry Waxman today to urge their opposition to S. 247 and H.R. 520. For those who responded to our first call for action, we need you again, along with everyone else.
Contact Sen. Diane Feinstein to oppose S. 247
Call: (202) 224-3841 Fax: (202) 228-3954
Contact Henry Waxman to oppose HR 520
Call: (202) 225-2927 Fax: (202) 225-2525
Talking Points
Oppose the Use of U.S. Taxpayer Dollars for Accelerated Vehicle Retirement
• I am writing to urge lawmakers not to approve an 'accelerated vehicle retirement' program. This is a misguided attempt to spur car sales and claim that the country's fleet fuel mileage is being improved.
• An accelerated vehicle retirement program is flawed since it does not target the 'gross polluter,' an improperly maintained vehicle of any make or model year that has poor fuel mileage and dramatically more emissions due to poor maintenance.
• An accelerated vehicle retirement program is flawed because it does not factor-in how many miles-a-year the collected vehicles are currently being driven. U.S. taxpayers will be buying rarely-driven second and third vehicles that have minimal impact on overall fuel economy and air pollution.
• Any vehicle scrappage program threatens enthusiasts nationwide with the loss of valuable parts and parts-cars for repair, restoration, and customization projects. An accelerated retirement program will reduce the availability of affordable transportation and repair parts used by low-income drivers. It will also compete with the Salvation Army, the Purple Heart and other charities that rely on vehicle donations to raise money.
• Accelerated vehicle retirement is just one of several 'Cash for Clunkers' programs that has been proposed in Congress. The government should just focus on providing a tax incentive to help sell more fuel-efficient, cleaner cars new or used. The government should not become a player in the vehicle scrappage / recycling industry. We have professionals that have been doing that job very well for the past 100 years.
We hope we can count on you to reject 'Accelerated Vehicle Retirement.' Thank you for your consideration on this very important matter.
Please send a copy of your message to Sen. Feinstein and Rep. Waxman to briand@sema.org
Final Legislative matrix for 2007-2008
Download
the Legislative Update 11-08(Microsoft
Word Document)
Strategy Call (Tue, 30 Sep 2008 19:59:06)
As you can see by the (letter below) that Arnold vetoed SB1549. I want to thank all of you and your club members, businesses and others that worked hard to get this bill through. We will be looking at what we need to do in the next legislative year that will benefit the hobby. These are trying times for California financially, but we were hoping that with donations from the car community, we would have a good chance of succeeding with this legislation.
More challenges will be coming our way that we need to focus on specifically Roadside Sensing and continued efforts by Jones office to get the annual smog inspection bill. Although AB616 or AB3053 is dead for this year, you can bet there will be efforts to get it back on the legislative calendar next year.
Again thanks to all that worked to move SB 1549 through the legislature and to the Governor's desk.
Bob Stearns
Download the (latest) legislative matrix with updates for the bills we've been tracking. (384k Microsoft Word document)
Also, SB 1549 was vetoed yesterday afternoon (9/29). According to the Governor, he believes the bill requires a "unnecessary report."
Here is the message from the Governor:
I am returning Senate Bill 1549 without my signature. This bill would require the Department of Motor Vehicles (DMV) to conduct a study of the historical vehicle and year of manufacture license plate programs. This bill mandates a premature and likely unnecessary report. Last year, I signed Assembly Bill 462 to expand the year of manufacture license plate program to include more vehicles. Because that legislation does not go into effect until July 1, 2009, it is premature to ask the DMV to conduct a study on the success of this license plate program only six months after significant changes to the program. I would add that last year's legislation was passed and signed into law without the need for any costly report. Additionally, in this year of very limited revenue, I cannot sign this bill since it would require the expenditure of state resources that could be used more effectively elsewhere. Although the bill provides for the funding of the study through private donations, state resources would still be expended to track and monitor donations, develop and process a bid package, and produce the required report.
Sincerely, Arnold Schwarzenegger
Submitted by
Stacy E. Harjer, Legislative Assistant
Publications Coordinator
DiMare, Van Vleck & Brown, LLC
The Public Retirement Journal
Sacramento, CA 95814
August 2008:All get involved in these bills that pertain to our hobby. Bob Stearns and the A.C.C.C. need everyones voice to be heard at the capital.
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