Posted on 09/07/2006 10:08:02 AM PDT by NormsRevenge
A little less than 2,400 years ago Plato quoted Socrates in the Republic warning against trying to legislate every little detail of life. Socrates said, "(What) about the business of the marketplace …the ordinary dealings between man and man, …about insult and injury, of the commencement of (lawsuits)… But, oh heavens! Shall we condescend to legislate on any of these particulars?" What Socrates was saying was that legislation cannot take the place of commonsense or a society’s healthy customs.
John Adams, our second President and a signer of the Declaration of Independence echoed Socrates’ thoughts when he said of our form of government, "We have no government armed with the power capable of contending with human passions, unbridled by morality and true religion. Our constitution is made only for a moral and religious people. It is wholly inadequate to the government of any other." Adams’ words are a warning that no amount of government force and no amount of controlling legislation can master a people lacking a moral compass.
With the wisdom above firmly in mind, we can now move to examine California’s thankfully terminated legislative session.
The California State Legislature ended its 2005-06 session with government power strengthened at the expense of liberty. In the closing days we voted on hundreds of bills. A few of the bills were good. Some were harmless. Many were stunningly bad. And, quite a few quite simply seek to manage your life.
The majority backed one measure after another that eroded Californians’ freedom. Clearly, the Democrats in Sacramento think they are here to help you because they know you obviously can’t run your own life. Why not just outlaw stupidity? Or irresponsibility?
Before we list 20 really bad bills, let’s review a few that were so bad, even the legislature couldn’t bring itself to pass them:
SB 626 by Sen. Nell Soto was a vehicle impound bill that allowed illegal immigrant drivers to get their cars back after 24 hours, rather than the month that garden variety U.S. citizens with suspended licenses have to wait. It died in the Assembly twice, failing its last vote 33 to 39.
AB 352 by Assemblyman Paul Koretz was the infamous firearms micro stamping bill. Easily defeated by criminals, this bill would have increased the cost of firearms and done nothing to combat crime. It died a couple of times, going down at the end two votes short on a 39 to 34 vote. The Democrats even tried to bring it back an unprecedented third time and actually got a little testy with Republicans for not granting unanimous consent to allow it a third vote!
AB 379, also by Assemblyman Koretz, sought to ban smoking in vehicles with minor passengers present. It was killed in the Assembly 37 to 35 (with 41 needed) on the last day after winning its first tests in the Assembly and Senate earlier in the year.
Now, on to the really bad 20. The bills listed below take away a bit of our liberty or dilute the rule of law. In each of them the government assumes a greater role in managing our lives while we are gradually reduced to the role of children in the house of the Nanny State. With the Legislature having failed to stop these bad bills, we will now look to Governor Schwarzenegger and see how many he will veto.
THE REALLY BAD 20
1. AB 32 (Nunez) Enacts the Global Warming Act of 2006 , which creates a statewide greenhouse gas (GHG) emission limit that would reduce emissions by 25% by 2020. Why veto? AB 32 asserts questionable science as undisputed fact, will impose tremendous costs on the California economy, and even under best estimates do virtually nothing to curb “Global Warming.” Also, AB 32 gives the California Air Resources Board unchecked power to regulate, tax and fee.
ACTION BY THE GOVERNOR: NONE YET (Has promised that he WILL sign it)
2. SB 840 (Kuehl) Creates the California Health Insurance System (CHIS), a single payer health care system, administered by the California Health Insurance Agency, to provide health insurance coverage to all California residents. Why veto? Government-run heath insurance is not the way to go. California will become a magnet for individuals in other states and countries seeking free health care. This issue needs careful thought.
ACTION BY THE GOVERNOR: NONE YET (Has promised that he WILL veto it) *** Update - VETOED ***
3. SB 1437 (Kuehl) Prohibits instruction, or the adoption of any instructional material, that reflects adversely on persons due to sexual orientation. Why veto? The Education Code already prohibits discrimination against homosexual, bisexual, and transgender individuals and this bill is designed to silence the opinions of those who have a different view. (Ed Code Sec. 200, 201, 220, 233.5).
ACTION BY THE GOVERNOR: VETOED
4. AB 2108 (Evans) Requires children up to eight years of age to ride in a child safety booster seat and clarifies that infants shall be properly secured in a rear-facing child passenger restraint system unless that child is one year of age and also weighs 20 pounds or more. Why veto? Existing statues are adequate to protect our children. What about transporting unexpected extra kids? Discretion should be given to parents.
ACTION BY THE GOVERNOR: NONE YET
5. SB 1578 (Lowenthal) This bill establishes the tethering of a dog to a stationary object, except as specified, as an infraction or misdemeanor, depending on the offense, punishable by a fine not to exceed $1,000 per dog and/or up to six months in a county jail. Why veto? SB 1578 creates a crime out of common and humane animal care. Cruelty to animals if they are restrained from shelter, food or water is already a crime. (Penal Code section 579t.)
ACTION BY THE GOVERNOR: NONE YET
6. SB 1613 (Simitian) This bill prohibits a driver from using a wireless phone while operating a vehicle, unless the phone is specifically designed and configured to allow hands-free operation. Why veto? Studies have shown that the loss of attention is the cell phone problem regardless if one holds the phone or uses a hands free device. Currently negligence in driving for any reason is already illegal. Police should spend their time prosecuting real crime.
ACTION BY THE GOVERNOR: NONE YET
7. SB 160 (Cedillo) Requests the University of California and requires the California State University and the California Community Colleges (CCCs) make it easier for students who are currently exempt from paying nonresident tuition at a California College to participate in all student aid programs including illegal immigrants. Why veto? SB 160 gives tax subsidies to non-citizens and estimated $7 million in financial aid to illegal immigrant students. It also discriminates against out-of-state legal US Citizens who wish to attend a UC, CSU, or CA Community College.
ACTION BY THE GOVERNOR: NONE YET
8. AB 680 (Chan) Directs the Department of Education to monitor compliance with a requirement for districts to publish parental notices in the primary languages of some parents. Why veto? There is no feasible way for the Department of Education to monitor, check, and verify thousands of schools and the respective paperwork. English is still the official language and should be.
ACTION BY THE GOVERNOR: NONE YET
9. AB 2444 (Klehs) Authorizes 9 Bay Area counties to impose additional annual fees on registered vehicles. Why veto? The bill would raise taxes without the voters’ approval and make the increases contingent only on a 2/3rds vote by the county supervisors.
ACTION BY THE GOVERNOR: NONE YET
10. AB 2681 (Pavley) Increases vehicle registration fees to fund the Abandoned Vehicle Trust Fund. Why veto? This bill doubles fees and forces a car owner who has not abandoned their vehicle to help pay to clean up someone else’s problem. There is no end to the appetite for fee (tax) increases.
ACTION BY THE GOVERNOR: NONE YET
11. SB 1489 (Ducheney) Repeals law that disallowed the Attorney General to collect expert witness and attorney fees. Why veto? This would create a financial incentive for the AG to pursue lawsuits against businesses, and a disincentive for some businesses to defend themselves if the costs could run high, regardless of the merit. The AG’s motives to file suit should not include financial gain, nor should he be able to bully people into submitting because of the potential for exorbitant costs for your day in court.
ACTION BY THE GOVERNOR: NONE YET
12. SB 1414 (Migden) Requires employers with 10,000 or more employees to spend between six and eight percent of its total wages, as specified, on employee health insurance costs, or pay a specified amount to the Department of Industrial Relations for deposit into the California Fair Share Health Care Fund. Why veto? Employer provided health coverage is and should remain a voluntary benefit; employee salaries will be reduced by the increased cost of health care and/or layoffs may occur until equilibrium of cost is reached. This issue needs far more work.
ACTION BY THE GOVERNOR: NONE YET
13. SB 927 (Lowenthal) Imposes a fee on containers discharged at the Ports of Long Beach and Los Angeles in order to fund rail system improvements, pollution mitigation measures, and port security enhancements. Why veto? As much as 40% of cargo arriving in LA and Long Beach is discretionary and can be moved to another port. Plus, the bill duplicates the transportation bond objectives. New and excessive taxes will significantly harm California businesses and the State economy.
ACTION BY THE GOVERNOR: NONE YET
14. AB 1884 (Chu) Grants eligibility for Unemployment Insurance benefits to workers who are prevented by their employers from entering the worksite during a trade dispute. Why veto? California companies would essentially be forced to pay for a strike against their own company.
ACTION BY THE GOVERNOR: NONE YET
***This bill below was awarded the FlashReport 2006 Golden Trash Can for being VERY BAD legislation.***
15. AB 523 (Lui) This bill authorizes the governing board of a community college district to sell for less than fair-market value. It “allows for unique circumstances relating to the proposed sale,” to a nonprofit educational television station licensed by the Federal Communications Commission located in Orange County and deemed to be surplus property, to a non-profit organization for a specified purpose. Why veto? Bill is designed to discriminate against a specific company, in this case a company with a religious affiliation.
ACTION BY THE GOVERNOR: NONE YET
16. AB 606 (Levine) Attempts to ensure that all school districts and schools work to reduce discrimination, harassment and violence based on specified characteristics, including but not limited to, actual or perceived gender identity and sexual orientation and requires the State Department of Education (SDE) to develop a model Anti-discrimination and anti-harassment policy and to post it on its web site. Why veto? Existing statue already provides for the anti-discrimination and anti-harassment policies expressed in this bill. This is another attempt to silence those who don’t agree with these lifestyle choices. (Ed Code Sec. 233.5)
ACTION BY THE GOVERNOR: NONE YET
17. AB 695 (Mullin) Requires a retail seller to provide legible receipts that remain legible for the entire return period of a product and directs a retailer to display its return policy. Why veto? The requirement that all stores post their return policies at every sales counter is signage overkill and unnecessary. Failure to comply with the signage requirements in this bill, even through inadvertent removal, could subject retailers to lawsuits. Another field for roving professional plaintiffs to play in.
ACTION BY THE GOVERNOR: NONE YET
18. AB 2712 (Leno) Provides civil immunity for landlords who rent housing to sex offenders by providing that lease or rental of residential real property does not create any legal “duty.” It also provides that the provision of information pursuant to Megan’s Law does not impose a legal duty to actually use that information. Why veto? Land lords are still held responsible to other tenants for harm caused by these individuals, and landlords cannot refuse to rent to a registered sex offender a place near children. This bill does nothing to correct the real dilemma, rather merely window dresses the issue and provides no solutions to the real problems.
ACTION BY THE GOVERNOR: NONE YET
19. AB 1835 (Lieber, Leno, Koretz) Sets the minimum wage at $7.50 per hour as of January 1, 2007 and $8.00 per hour as of January 1, 2008. Why veto? Businesses of all sizes are already shouldering the heavy burdens of paying the nation’s highest energy costs, and high workers’ compensation premiums, as well as the nation’s highest unemployment insurance tax rates. This bill will eliminate training jobs and jobs for kids, and will cause all wages to go up due to wage impaction; As a result, hours of work for all employees will be decreased or people laid off; planned business expansions will be delayed or canceled; companies on the margin will have to consider moving to other states or countries where lower labor costs exist; and ultimately, the consumer will bear a higher price in goods an services which will eat up the buying power of the wage increase.
ACTION BY THE GOVERNOR: NONE YET (Has promised that he WILL sign it)
20. AB 2911 (Nunez) Uses the purchasing power of the state to set price controls on pharmaceuticals. Why veto? Basically the same deal as November 2005’s defeated Proposition 79, an initiative that would sought to punish the pharmaceutical industry for not giving special deals to the uninsured. Really amounts to price controls on an industry that spends between $800 million to $1 billion to bring a new drug to market. 15. AB 523 (Lui) This bill authorizes the governing board of a community college district to sell for less than fair-market value. It “allows for unique circumstances relating to the proposed sale,” to a nonprofit educational television station licensed by the Federal Communications Commission located in Orange County and deemed to be surplus property, to a non-profit organization for a specified purpose. Why veto? Bill is designed to discriminate against a specific company, in this case a company with a religious affiliation.
ACTION BY THE GOVERNOR: NONE YET (Has promised that he WILL sign it)
Hopefully the Governor's veto pen will get a good work out -- and deliver vetoes on all 20 of the FlashReport 20 Worst Bills!
I believe he vetoed number two on the list this morning. I may have it confused with a similar bill, but he did veto something along the lines of a health care provision for all Californians this morning.
That was the right action IMO.
I need to read this more carefully later, but I like what I saw of the opening remarks here.
Thanks for the post.
I'll try and keep this list Updated , I have shrunk it a bit description wise..
Check back later and see how things end up.
---
THE REALLY BAD 20
1. AB 32 (Nunez) Enacts the Global Warming Act of 2006 , which creates a statewide greenhouse gas (GHG) emission limit that would reduce emissions by 25% by 2020.
ACTION BY THE GOVERNOR: NONE YET (Has promised that he WILL sign it)
2. SB 840 (Kuehl) Creates the California Health Insurance System (CHIS), a single payer health care system, administered by the California Health Insurance Agency, to provide health insurance coverage to all California residents.
ACTION BY THE GOVERNOR: NONE YET (Has promised that he WILL veto it) *** Update - VETOED ***
3. SB 1437 (Kuehl) Prohibits instruction, or the adoption of any instructional material, that reflects adversely on persons due to sexual orientation.
ACTION BY THE GOVERNOR: VETOED
4. AB 2108 (Evans) Requires children up to eight years of age to ride in a child safety booster seat and clarifies that infants shall be properly secured in a rear-facing child passenger restraint system unless that child is one year of age and also weighs 20 pounds or more.
ACTION BY THE GOVERNOR: NONE YET
5. SB 1578 (Lowenthal) This bill establishes the tethering of a dog to a stationary object, except as specified, as an infraction or misdemeanor, depending on the offense, punishable by a fine not to exceed $1,000 per dog and/or up to six months in a county jail.
ACTION BY THE GOVERNOR: NONE YET
6. SB 1613 (Simitian) This bill prohibits a driver from using a wireless phone while operating a vehicle, unless the phone is specifically designed and configured to allow hands-free operation.
ACTION BY THE GOVERNOR: NONE YET
7. SB 160 (Cedillo) Requests the University of California and requires the California State University and the California Community Colleges (CCCs) make it easier for students who are currently exempt from paying nonresident tuition at a California College to participate in all student aid programs including illegal immigrants.
ACTION BY THE GOVERNOR: NONE YET
8. AB 680 (Chan) Directs the Department of Education to monitor compliance with a requirement for districts to publish parental notices in the primary languages of some parents.
ACTION BY THE GOVERNOR: NONE YET
9. AB 2444 (Klehs) Authorizes 9 Bay Area counties to impose additional annual fees on registered vehicles.
ACTION BY THE GOVERNOR: NONE YET
10. AB 2681 (Pavley) Increases vehicle registration fees to fund the Abandoned Vehicle Trust Fund.
ACTION BY THE GOVERNOR: NONE YET
11. SB 1489 (Ducheney) Repeals law that disallowed the Attorney General to collect expert witness and attorney fees.
ACTION BY THE GOVERNOR: NONE YET
12. SB 1414 (Migden) Requires employers with 10,000 or more employees to spend between six and eight percent of its total wages, as specified, on employee health insurance costs, or pay a specified amount to the Department of Industrial Relations for deposit into the California Fair Share Health Care Fund.
ACTION BY THE GOVERNOR: NONE YET
13. SB 927 (Lowenthal) Imposes a fee on containers discharged at the Ports of Long Beach and Los Angeles in order to fund rail system improvements, pollution mitigation measures, and port security enhancements.
ACTION BY THE GOVERNOR: NONE YET
14. AB 1884 (Chu) Grants eligibility for Unemployment Insurance benefits to workers who are prevented by their employers from entering the worksite during a trade dispute.
ACTION BY THE GOVERNOR: NONE YET
15. AB 523 (Lui) This bill authorizes the governing board of a community college district to sell for less than fair-market value. It “allows for unique circumstances relating to the proposed sale,” to a nonprofit educational television station licensed by the Federal Communications Commission located in Orange County and deemed to be surplus property, to a non-profit organization for a specified purpose.
ACTION BY THE GOVERNOR: NONE YET
16. AB 606 (Levine) Attempts to ensure that all school districts and schools work to reduce discrimination, harassment and violence based on specified characteristics, including but not limited to, actual or perceived gender identity and sexual orientation and requires the State Department of Education (SDE) to develop a model Anti-discrimination and anti-harassment policy and to post it on its web site.
ACTION BY THE GOVERNOR: NONE YET
17. AB 695 (Mullin) Requires a retail seller to provide legible receipts that remain legible for the entire return period of a product and directs a retailer to display its return policy.
ACTION BY THE GOVERNOR: NONE YET
18. AB 2712 (Leno) Provides civil immunity for landlords who rent housing to sex offenders by providing that lease or rental of residential real property does not create any legal “duty.”
ACTION BY THE GOVERNOR: NONE YET
19. AB 1835 (Lieber, Leno, Koretz) Sets the minimum wage at $7.50 per hour as of January 1, 2007 and $8.00 per hour as of January 1, 2008.
ACTION BY THE GOVERNOR: NONE YET (Has promised that he WILL sign it)
20. AB 2911 (Nunez) Uses the purchasing power of the state to set price controls on pharmaceuticals.
ACTION BY THE GOVERNOR: NONE YET (Has promised that he WILL sign it)
I'll do an update later today for sure, let some dust settle. I did update SB 840 as vetoed. need to do some more checking and will reflect what I find later. Thanks!
Now lets get started on that western border fence....
Do you mean the fence along the California border which keeps Democrats from escaping into neighboring states thereby ingliberal infection of otherwise sane and rational communities? Or are you talking about the one we need between us and Mexico? I'm for either one.
I was speaking of the former. A southern border fence and a western border fence will provide some much needed protection of the U.S. from foreign threats.
14. AB 1884 Update - Vetoed... 9/8/06
For a full updated listing, check my profile page. not much has happened so far.
Frequent readers of the FlashReport know that we enlisted the help of Assemblymen Rick Keene (Chico) and Chuck DeVore (Irvine) back on September 7th to devise a list of this past legislative session's twenty worst of the worst bills. All were worthy of the Governor's veto.
Here's a truncated recap:
1. AB 32 (Nunez), Emmissions Cap Signed!
2. SB 840 (Kuehl), Socialist Health Care Vetoed!
3. SB 1437 (Kuehl), Sexual Orientation Instruction Discrimination Prohibition Vetoed!
4. AB 2108 (Evans), Car Seat For Children Up To Age Eight Vetoed!
5. SB 1578 (Lowenthal), Dog Tethering Prohibition Signed!
6. SB 1613 (Simitian), Hands Free Device While Driving Requirement Signed!
7. SB 160 (Cedillo), Student Aid For Illegal Immigrants Vetoed!
8. AB 680 (Chan ), Dept Of Ed Monitoring Parents Primary Languages Automatically Chaptered Without Action!
9. AB 2444 (Klehs), Bay Area Counties Hiking Car Taxes Vetoed!
10. AB 2681 (Pavley), Car Tax Increase For Abandoned Vehicles Vetoed!
11. SB 1489 (Ducheny), AG Can Collect Expert Witness And Attorney Fees Vetoed!
12. SB 1414 (Migden), Mandatory Employer-Funded Health Care Vetoed!
13. SB 927 (Lowenthal), Port Of Long Beach Container Fee Vetoed!
14. AB 1884 (Chu), Unemployment Insurance For Striking Workers Vetoed!
15. AB 523 (Lui), Golden Trash Can Award Winner, Taxpayer Giveaway Of Public Owned TV Station Vetoed!
16. AB 606 (Levine), Redundant School Discrimination Requirement Vetoed!
17. AB 695 (Mullin), Sales Return Policy Mandatory Postings Vetoed!
18. AB 2712 (Leno), Immunity For Landlords Who Rent To Sex Offenders Vetoed!
19. AB 1835 (Lieber, Leno, Koretz), Minimum Wage Hike Signed!
20. AB 2911 (Nunez), Price Controls On Pharmaceuticals Signed!
The final tally of the Governor's veto average of our "20 Really Bad Bills" was .700. That number could be deceptive. While the Governor did happen to veto some really bad members of the really bad bill list (SB 160, SB 840, SB 1414, AB 523, AB 2712), he also approved of the horrifically bad emissions cap (AB 32), minimum wage hike (AB 1835), and pharmaceutical price controls (AB 2911).
It's hard for me to navigate the seemingly pretzeled logic of these actions. An overarching government philosophy is elusive, if it exists at all. At most, there's a retail selection of political issues the Governor has chosen to look at - namely, the environment, some health care, some education issues, some employment issues, some business constraints - but that's being kind. The Legislative Secretary's Office completely ignored or avoided AB 680.
In addition, when pondering our veto average, let's not forget the Governor's overall veto average. According to the papers which pay people to track down this stuff (as opposed to our all-volunteer effort here at FR), Governor Schwarzenegger signed 910 bills sent to him this year and vetoed only 262. That puts his overall veto average at .223, extremely low for a Republican governor with a Democrat-stacked legislature full of Democrat-stacked committees (though not too much lower than Schwarzenegger's previous years).
Thank you for reading.
Respectfully,
Nicholas Romero
Managing Editor, The FlashReport
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