Will Federal Law Kill California’s Secure Choice Retirement Scheme?

kevin de leon 2An unprecedented state law meant to create 401(k)-style retirement accounts for millions of private-sector workers in California now faces a daunting obstacle to ever being implemented: one of the most powerful federal laws on the books.

Under the state law establishing the California Secure Choice Retirement Savings Program, after it is phased in, all companies with five or more workers which do not have retirement benefits eventually would have to withhold 3 percent of worker pay and send it to the state government, with the funds to be invested in safe financial instruments such as U.S. treasuries. Workers could opt out.

The proposal was championed by state Senate President Kevin de León (pictured), D-Los Angeles, with strong support from state Treasurer John Chiang. They depicted it as crucial to helping 7 million Californians working in jobs without retirement benefits to prepare for retirement.

But the Republican-controlled Congress recently passed, and President Trump subsequently signed, a law overturning an orderissued last August by the Obama administration’s Department of Labor that exempted Secure Choice-type programs from the Employee Retirement Income Security Act (ERISA), a landmark 1974 law that established strict standards for retirement plans and their management. This erased legal concerns raised by pension lawyers aware of ERISA’s intricacies.

Yet at a news conference last week, de León and Chiang downplayed the significance of the lost ERISA exemption. They said they had only sought the federal action in response to concerns raised by the California Chamber of Commerce and the California Manufacturers and Technology Association – not because of a concern that Secure Choice would be subject to ERISA.

That’s not the conclusion one would be likely to gather after reading the language of Senate Bill 1234, the de León bill establishing Secure Choice that was signed by Gov. Jerry Brown in September. It makes specific reference to the ERISA exemption: “The United States Department of Labor has finalized a regulation setting forth a safe harbor for savings arrangements established by states for nongovernmental employees for the purposes of the federal Employee Retirement Income Security Act.”

And it says the Secure Choice governing board “shall not implement the program … if it is determined that the program is an employee benefit plan under the federal Employee Retirement Income Security Act” – which it now appears to be.

ERISA expert notes scope of landmark 1974 law

However, de León and Chiang cited a 2016 opinion from the K&L Gates law firm that sees no ERISA compliance problem. But the opinion is based on an earlier version of the bill – not the measure that passed and seemed built on the assumption that Secure Choice was only legal with the ERISA exemption.

In a March analysis released as the bill to overturn the exemption was advancing through Congress, the National Public Pension Coalition’s program manager, Tyler Bond, suggested courts might rescue Secure Choice-type laws by deciding ERISA doesn’t apply. But Bond’s background is as a communications specialist, not the law.

Michael A. McKuin, a Palm Desert lawyer who specializes in ERISA, notes on his website the long history of courts broadly interpreting ERISA’s scope because of the law’s sweeping language: “The provisions of … this chapter shall supersede any and all state laws insofar as they may now or hereafter relate to any employee benefit plan.”

McKuin writes: “In determining whether a plan is governed by ERISA, courts have generally followed the approach of the Eleventh Circuit in Donovan v. Dillingham, 688 F.2d 1367 (11th Cir. 1982) (en banc). Under the Dillingham test, an ERISA plan exists if a reasonable person can ascertain: (1) the intended benefits, (2) intended beneficiaries, (3) the source of financing, and (4) the procedures for receiving benefits. … The purported plan need not be formal or written to qualify as an ERISA benefit plan, but rather, the court must look to the ‘surrounding circumstances’ to see if the four factors have been met.”

“As a practical matter, it does not take much to satisfy the test and Courts will generally find the existence of an ERISA plan even where no such plan is wanted by anyone,” McKuin writes – unless the plan has the “safe harbor” specifically mentioned in SB 1234’s ballot language.

This piece was originally published by CalWatchdog.com

California Advances Private Sector Retirement Plan Without Feds

As reported by KQED:

California officials vowed to move ahead with a retirement savings program for the state’s private sector workers, a day after losing the federal government’s support for the initiative.

Senate President Pro Tem Kevin de Leon and State Treasurer John Chiang said [last week] that the state will still enact the Secure Choice program, authorized last year, that will create retirement accounts for nearly 6.8 million Californians. De Leon criticized opponents of the plan as representing the interests of large banks and brokerage firms.

“California will move forward with Secure Choice with or without Washington’s blessing,” said de Leon, who authored the legislation that created the program. “We will put the future and well-being of our workers over Wall Street greed any day of the week.”

California’s program would automatically enroll private sector workers into a state-run retirement program. Unless they opted out, employees would contribute 3 percent of their earnings and a state board would oversee and invest the funds. …

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Don’t Rush Toward Gas and Transportation Taxes

LA-Freeway-Xchange-110-105The governor and legislative leaders came out from behind closed doors with a transportation tax and road fix plan and demand to pass the measure through the legislature in one week. Feels a lot like the federal experience with the health care reform bill. And, like that measure, despite one party controlling the executive and legislative branch, the bill might not find necessary support.

The campaign to pressure wavering legislators to get behind the bill kicked off yesterday in Concord with a lineup of Governor Jerry Brown, Assembly Speaker Anthony Rendon and Senate President pro tem Kevin de León teaming up with union members to visit Senator Steve Glazer’s district and convince Brown’s one-time aide to publicly embrace the tax increase.

I seem to remember unions opposed Glazer when he first ran because of his stand against BART strikes. Different time and different unions, perhaps, but Glazer is still behind that issue. There are indications that Glazer is holding out for a no-strike provision in the transportation bill before he decides if he will support it.

While Brown, De León and Rendon will play old-fashioned political hard ball with legislative members in attempting to secure the needed two-thirds vote to pass the tax increases, ultimately individual legislators are going to have to be satisfied that their constituents will swallow the tax increase.

Voting patterns and attitudes have changed since Gov. Gray Davis was kicked out of office in great part because he increased the vehicle tax. While just about everybody believes road repair is necessary for improving the state’s economy and for the general public’s mental health while driving congested highways, yet, the double whammy of an increased vehicle registration fee and 43% gas tax increase will be a hard sell. Especially, to less well-off constituents those who have to drive a long way to get to work.

The transportation issue and health care issue are different in many ways, but the idea of rushing through a measure that will pile new burdens on the public has a familiar feel to what happened recently in Washington.

The strategy behind quickly passing the two quite different bills is similar: Pass a measure before it gets tangled up in amendments. A lot of amendments can and should be had.

At the Concord news event yesterday, Gov. Brown said, “There is nothing more fundamental in the business of government than making sure the roads and bridges don’t fall apart, and they are falling apart.”

But if roads and bridges are a fundamental responsibility for government, why wasn’t attention paid to them when the state budget grew dramatically since Brown returned to the governor’s office?

Brown says if we don’t address the problem now it will only get worse—and more expensive to fix. Right on both counts. However, using current transportation related dollars that find the way to non-transportation services or including proposals that will allow for more cost efficient repairs would go a long way to convince voters that government is trying to get the job done right and give good value for their tax dollars. It might even convince voters to chip in a little more to get the job done.

Legislators like Glazer are independent and not so easily coerced. Legislators should hear  from their constituents before voting on the bill. Rushing through the transportation bill without sensible changes could result in the same fate as the health care bill.

This piece was originally published by Fox and Hounds Daily

The Disaster of Believing in 100% Renewable Energy

Solar panelsSenate Bill 584, the California Renewables Portfolio Standard Program, introduced by state Senator Kevin de Leon, would reformulate the calculations for how much energy California would receive from renewables while eliminating fossil fuels. Senator de Leon wants to amend Section 399.11 of the Public Utilities Code relating to energy that currently states by December 31, 2030, California would have retail sales of renewable energy at 50 percent. Under the senator’s bill, California would have 100 percent of energy only from renewables. Currently, the U.S. receives around 10-13 percent from renewables, according to the Energy Information Administration (EIA), and sees that figure only reaching 21-26 percent by 2050.

With California it’s more severe than in other parts of the country for how much renewable energy is required for consumers and business, because the California Renewables Portfolio Standard Program already states:

“The Public Utilities Commission to establish a renewables portfolio standard requiring all retail sellers, as defined, so that the total kilowatt hours of those products sold to their retail end-use customers achieves benchmarks of 25 percent, 33 percent, 45 percent, and 50 percent.”

California already has some of the highest electricity rates in the country, and passing this bill would only exacerbate the problem while sending more companies and jobs to other states or overseas. There is a direct correlation between higher business costs (electricity being a large cost) and business relocation. Why is Senator de Leon risking this happening by upping the cost of electricity when even the EIA says a large, fully-developed economy – that is California – will have a difficult time thriving and keeping middle class families and workers with skyrocketing energy costs? Not to mention we owe trillions in outstanding debts.

Believing renewable energy is scalable, and not downtrodden when intermittent weather occurs, while having excess energy storage issues follows the same misguided policies guiding electrical vehicles. Where even with generous tax credits and beautiful vehicles built by Tesla and all major car manufacturers has still only allowed EVs to capture roughly 1 percent of worldwide car sales.

But there are even bigger problems with renewables, and this bill that need to be ascertained by Senator De Leon, Governor Brown and other advocates for turning California into a 100 percent renewable energy state. Internationally, we are seeing that countries that attempt to do away with fossil fuel realize they can’t. A great example is the U.K., which in 2016 saw oil production gains for the second straight year. Not coincidentally the U.K. also saw the best economic growth in the world per these gains in 2016. There is direct causation between oil, natural gas, and coal production linked with economic prosperity for all sectors of society.

The facts about renewables are the issues that need to be overcome before proceeding forward with SB584. According to the BP 2016 Statistical Review of World Energy – the most popular forms of renewable energy – wind and solar accounted for less than 2 percent of world energy consumption. The U.S. electrical grid will have to be completely updated and overhauled, costly trillions of dollars, because The American Society of Civil Engineers gives the U.S. grid a D+ grade in every category of electrical use. Without a state-of-the-art grid that can handle spikes and fluctuations in energy that renewables create and cause (particularly wind and solar) then California will have blackouts and expenses worse than previously experienced in the early 2000s.

During the recent rain and snowstorms that were unprecedented that is when some of the biggest energy needs occur that renewables can’t handle. Natural gas is a flexible fuel, along with coal and oil (WTI & Brent), but all forms of renewables need a fossil fuel backing them up. In other words what SB584 doesn’t address is reliability and the costs to the grid compared to fossil fuels. Beijing, China recently switched from coal to just coal-based electricity and saw costs rise 100 percent from $200 a month to $300 a month. Renewables will be more expensive than what Beijing experienced.

Moreover, Senator de Leon and legislators agreeing with SB584 need to make sure they are using the correct calculations for Energy Return on Energy Invested or at least consider the overall levelized costs. Boundary issues are relevant to wind and solar but more accurate analysis needs to use “point of use,” because wind and solar need massive changes as described above for them to work on a scalable, statewide basis. Many publications touting renewables don’t calculate this properly, and in some cases could be less than 1:1 energy-to-energy ratio.

Storage isn’t discussed enough either. If you want heat in the winter and cool air in the summer then somehow wind, solar, biomass and hydroelectric have to be stored. For now small amounts can be stored, but for extreme weather, even overbuilding solar farms and wind turbines doesn’t solve the intermittent weather and storage problems that would be caused by SB584.

Some countries such as Sweden, Norway, Finland and Switzerland have large shares of their electricity from all types of energy mixes, but even that is deceiving. The BP Statistical Review confirms these four countries have high proportions of their energy from multiple sources, but each country has low populations and significant hydroelectric supply. Currently, as an example, the Oroville Dam is old, decaying and giving away to torrential rains; therefore, would the legislature be willing to appropriate billions towards new dams and maintenance of old ones to up California’s percentage of hydroelectric? So far the answer seems to be no for environmental reasons. The EIA (source: Gail Tverberg, OurFiniteWorld.com) has also confirmed that hydroelectricity deals with the problems of intermittency, reliability, scalability and storage – the same as all other renewables.

What California needs to decide in their quest for a 100 percent renewable energy portfolio are how much consumers are willing to pay in their quest for energy parity? Californians can only purchase what wage growth predicates, and if the cost of a commodity increases (energy) then wages, though rising, aren’t keeping up with the cost of living or doing business. Peak energy is a myth, and there is more oil and gas than the world can fathom. Thus energy demand comes not from a lack of supply but from a lack of affordability, seen from the Beijing example.

Rising costs don’t translate necessarily into a more prosperous society. What SB584 doesn’t take into account are what happens to fossil fuel companies that still have to pay interest on loans, continuing retirement benefits for workers and pipelines that have to operate for 365 days a year. The question isn’t renewables versus fossil fuels or vice versa, but the question is whether California is willing to pay for two systems of electricity. There’s the rub, and more than likely, unless you can afford higher electricity costs, the state will see more businesses and middle class families along with their taxes, leave the state.

Todd Royal is an independent public policy consultant focusing on the geopolitical implications of energy based in Los Angeles, California.

This piece was originally published by Fox and Hounds Daily

Sen. Kevin de Leon: “Half my family is here illegally”

California State Senator Joel Anderson, R-El Cajon, makes an appearance on “Fox and Friends” to discuss state Senate President Pro-Tem Kevin de Leon’s recent admission that half of his family is in the state and country illegally.

De Leon, while pushing his new bill, SB54, said, “The reality is, with the executive order and the criteria that has been developed, many individuals, I can tell you half of my family, would be eligible for deportation under the executive order.”

California Democrats’ Sanctuary Includes Violent Criminals

People march through downtown Los Angeles supporting amnesty for illegal immigrants living in the United States Saturday, Sept. 2, 2006. The event, called "La Gran Marcha Laboral," was organized by the March 25 Coalition, which put on a massive protest in Los Angeles earlier this year. (AP Photo/Oscar Hidalgo)

Senate President Pro Tem Kevin de Leon (D-Los Angeles) and Assembly Speaker Anthony Rendon (D-Paramount) have been clear that they oppose California allowing the state or its sanctuary cities from cooperating with immigration officials unless the individual committed a violent crime.

Under California law, throwing acid at someone or rape of an unconscious, intoxicated or mentally ill victim is not considered a violent crime. Neither is vehicular manslaughter, assault with a deadly weapon, arson, solicitation of murder or exploding a destructive device or explosive with intent to injure. 

A recent article by Jazmine Ulloa, Los Angeles Times makes this clear distinction:

After being accused of rape, Andrew Luster jumped his $1-million bail and was later captured in Mexico by a bounty hunter on TV.

Ventura County prosecutors said he drugged three women and videotaped the assaults, and a jury convicted him of 86 counts of poisoning, sexual battery and rape of an unconscious or intoxicated person. But with none of his offenses listed among the 23 crimes that California considers “violent” felonies in its penal code….

In drawing the line at crime violence, why would Kevin de Leon and Anthony Rendon extend sanctuary and protection to predators like Andrew Luster?

While Eric Holder will be in Sacramento tomorrow, collecting his $25,000 a-month-taxpayer-funded-check from the state’s taxpayers via our Legislature, he needs to be the adult in the room and ask the Democratic leadership to remove their rose-colored glasses and realize that there are distinctions between “hardened criminals,” “undocumented immigrants,” and those who perpetrate the abbreviated state list of “violent crimes.”

Ending “sanctuary city” ordinances does not mean that law enforcement in those communities become “quasi immigration enforcement officers.” Rather, it reopens the door to the real need of providing continued cooperation between law enforcement and immigration officials and ensuring societally dangerous and violent criminals are identified, detained and deported. They should also include those convicted of gang activities, rape, arson or those who sexually assault the elderly or mentally ill victims.

The following crimes are not covered by the definition of violent crimes under recently passed Proposition 57:

  • Vehicular manslaughter
  • Human trafficking involving a minor
  • Battery with personal infliction of serious bodily injury
  • Throwing acid or flammable substance
  • Assault with a deadly weapon
  • Assault with a deadly weapon on a peace officer or firefighter
  • Discharging firearm at an occupied dwelling, building, vehicle or airport
  • Rape where victim legally capable of giving consent
  • Rape by intoxicating substance
  • Rape where victim unconscious of the act
  • Rape/sodomy/oral copulation of unconscious person or by use of date rape drugs
  • Rape by threat of public official
  • Inflicting corporal injury on a child
  • Domestic violence
  • Arson of a structure or forest land
  • Arson of property
  • Solicitation to commit murder
  • Grand theft firearm
  • Assault with a deadly weapon by state prison inmate
  • Any felony involving the personal use of a deadly weapon
  • Holding a hostage by state prison inmate
  • Exploding a destructive device or explosive with intent to injure

Hector Barajas is a partner at Merino, Barajas & Allen, a California strategic communications and public affairs firm. As a nationally recognized expert on Latino politics and public policy issues, he serves as an on-air political analyst for Univision and Telemundo.

This piece was originally published by Fox and Hounds Daily

Bill making CA a sanctuary state is approved Senate committee

Opportunistic California Democrats are presenting bills to refute the recent immigration executive orders of President Donald J. Trump, to protect Americans.

kevin de leon 2Senate President Pro Tem Kevin de Leon, D-Los Angeles, the author of Senate Bill 54, says that ”immigrants are valuable and essential members of the California community” and all attempts to enforce immigration laws create fear of the police among “immigrant community members” who fear “approaching police when they are victims of, and witnesses to, crimes.”

Despite the wave of refugees coming to the United States from Syria and Iraq under the Obama administration, California Democrats are denying national security issues, in favor of political opportunism. California is home to the largest illegal-alien population in the country, with 35 sanctuary cities. President-elect Trump has vowed to build a border wall and deport immigrants that have a criminal record, which he estimates to be two-three million.

Several bills authored by Senate Democrats in the California State Legislature are meant to be a thumb in the eye of President Donald J. Trump over immigration laws.

SB6 by Sen. Ben Hueso would create a state program to fund legal representation for illegal aliens facing deportation, and AB3 by Assemblyman Rob Bonta would create taxpayer-funded training for defense attorneys and public defenders on immigration law for illegal aliens.

The third bill, SB54 by Sen. Pres. Pro Tem Kevin de León, heard Tuesday in the Senate Public Safety Committee, seeks to restrict local police and sheriffs from working with federal immigration enforcers. SB54 prohibits law enforcement from responding to federal requests for notification when a jail houses someone who might be the subject of an immigration enforcement action. Whether the immigrants are here legally or not, and whether they have committed crimes in the United States, this bill effectively prohibits communications between local law enforcement and federal authorities.

SB54 specifically prohibits almost all cooperation and communication with federal immigration authorities.

Sen. Pres. Pro Tem Kevin de León and California Democrats essentially want to bar state and local resources from being used for immigration enforcement. De León said Tuesday the cost to California to help U.S. Immigration and Customs Enforcement (ICE) detail suspected illegal immigrants is $65 million.

Proponents of SB54 claimed the Trump administration’s executive order is just more racial profiling, and California’s long-standing history of welcoming immigrants overrides illegal immigration enforcement.

Concerned about releasing criminal illegal aliens back into society, Sen. Jeff Stone, R- Temecula, asked repeatedly for assurances that the bill would not allow this. “When we have dangerous felons, undocumented felons, in prison, should they NOT be deported and prosecuted under the law?” Stone asked de León. Stone said he was concerned they will be released back into communities and cause heinous crimes, similar to what happened to Kate Steinle, who was murdered by a five-time deported criminal illegal alien.

Stone said the bill was making California a sanctuary state, if passed in its virgin form. Stone tried to get de León to agree to an amendment regarding criminal illegal aliens, but de León resisted.

“The bill decouples criminal acts from immigration statute,” de León said. “It doesn’t stop ICE from doing their job,” dodging the question.

Stone questioned de León again, asking if he would “be supportive of any amendment to allow local law enforcement to pick up dangerous criminal immigrants.”

“It’s not necessary,” de León said. “There is nothing stopping ICE from getting the individual.”

Another dodge from Stone’s question, splitting hairs. Stone asked if local law enforcement would be able to assist ICE only in cases of criminal illegal aliens, and de León replied, there is nothing stopping ICE from doing this – no mention of local law enforcement assistance.

“What is particularly alarming is a very false dichotomy, fueled by hyperbole and rhetoric,” said Committee Chairwoman Sen. Nancy Skinner, D-Berkeley. “All of us wand hardened criminals prosecuted under the law. We are watching now a pitting of the people against each other – of immigrants. That is not right.” Skinner talked again, for the third or fourth time in two days about “easily manipulable fear,” and said “the state of California will not be compliant with authoritarian policies.”

Cynthia Buiza of the California Immigrant Policy Center, a witness at the hearing in support of SB54, launched into an out-of-order editorial, calling Trump’s order “anti-immigrant, zenophobic and propaganda,” explains more from her organization’s website: “The California Values Act answers the ugly slurs of xenophobia with a simple but profound truth: all people are created equal. Against Trump and other forces who seek to demonize and persecute immigrants, the Golden State must embrace and defend our common humanity and deepest values.  Getting law enforcement out of painful deportations, protecting the integrity of public spaces, and rejecting any registry which target Muslims will send a potent message to the nation – and the world.”

From the Bill:

SB-54 would, among other things, prohibit state and local law enforcement agencies and school police and security departments from using resources to investigate, detain, detect, report, or arrest persons for immigration enforcement purposes, or to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, or national or ethnic origin, as specified. The bill would require state agencies to review their confidentiality policies and identify any changes necessary to ensure that information collected from individuals is limited to that necessary to perform agency duties and is not used or disclosed for any other purpose, as specified. The bill would require public schools, hospitals, and courthouses to establish and make public policies that limit immigration enforcement on their premises and would require the Attorney General, in consultation with appropriate stakeholders, to publish model policies for use by those entities for those purposes.

SB54 passed the Senate Public Safety Committee along party lines.

This article was originally published by the Flash Report

California Coastal Elites Should Beware of Ignoring Inland Struggles

San Francisco, CA, USAWith Donald Trump’s surprising Electoral College victory – 306 to 232 as of November 16 – a lot of focus has been on the angst and anger of voters in so-called “fly over” portions of the country. Regardless of your opinions of now President-elect Trump or former Secretary of State Hillary Clinton, the 2016 Presidential election gave voice to a sizable class of voters who feel either betrayed or forgotten about by our elected leaders.

But sticking out like a sore thumb on the Electoral College map is California. As of November 16, Clinton’s strongest state victory is the Golden State. Moreover, Clinton’s California margin of victory is the best Democratic Presidential nominee performance since President Franklin Roosevelt’s 1936 re-election against then-Kansas Governor Alf Landon. And while she may not reach FDR’s whooping 35-point victory, with 4.1 million votes still left to be counted in California, Clinton will definitely pad her 29-point victory in the same state that launched both President Nixon and President Reagan’s political careers.

It is no wonder, then, that California Assembly Speaker Anthony Rendon and Senate President Pro Tem Kevin De León issued a joint statement following the November 8 election results saying they “woke up feeling like strangers in a foreign land” and that Americans voted in a manner “clearly inconsistent with the values of the people of California.”

While California clearly did reject the political tone and policies of Donald Trump – for instance, Orange County was one of the few counties nationwide to flip from supporting Mitt Romney in 2012 to support Clinton this election year – it may be unwise for California’s political leaders, who as Democrats dominate the Golden State’s one-party rule, to blithely ignore the clear message many in the country sent to Washington, D.C. – they feel left behind and ignored.

Viewing the inland California (i.e. California’s version of “fly over” country) versus coastal California divide forewarns of a possible revolt against the elites here in California if Democratic one-party rule isn’t careful and California Republicans can rehabilitate their image.

The Have’s and the Have-Not’s: Of the coastal California counties, the average unemployment as of September 2016 was 4.8 percent. Moving inland, the average unemployment rate was about 1.5 times higher at 7.4 percent. Even this hides the disparity between the regions. The state’s healthiest job environment is in toney Marin County (3.5 percent), while California’s worst job environment is in the heavily Latino and heavily immigrant Imperial County (23.7 percent). Moreover, coastal California has boomed out of the recession, while inland California is still limping out of it. Average 10 year GDP growth for coastal California has been almost 2 percent per year versus just 0.6 percent per year for their inland neighbors. And these realities directly impact Californians pocketbooks. Based on Tax Year 2013 data, the average adjusted gross income for those living in coastal California is almost 2 times higher than those inland – $33,176 compared to $18,613.

A Not-So-Welcome to (Coastal) California: The above might not be such a detrimental issue for many if there were barrier-less ways to move from inland California to the coastal communities; but that is far from the case – the barriers are indeed quite high. First, coastal housing prices are at 91% of their pre-recession peak averaging just over $677,000. This is in stark comparison to inland California where housing prices are still a quarter below pre-recession levels averaging just under $300,000 – more than half the cost of coastal California. But even renting – long considered the “affordable” option – isn’t actually an option for most: coastal rents are almost twice the level of inland rents. But even if an individual or family bites the bullet and absorbs the higher cost of living into their budgets, they soon will realize that all goods and services are more expensive in coastal California. There is about a 15 percent premium on goods and services in coastal California compared to the national average. For inland California, it’s a 2 percent discount relative the nation as a whole.

At the end of the day, coastal Californians not only have more job opportunities, but those opportunities pay more. And they are sheltered from others since the barriers to entry are high and tenuous. The more California policy reflects the wants and wishes of coastal California, the more likely those living inland will feel left behind or ignored. And 2016 showed that when public policy forgets about the public, unpredictable events can occur.

Carson Bruno is the assistant dean for admission and program relations at the Pepperdine School of Public Policy. Follow him on Twitter @CarsonJFBruno.

Originally published in Real Clear Markets.

The Real Story Behind Senate President’s Endorsement of Prop. 63

kevin de leon 2When Senate President Pro Tempore Kevin de Leon endorsed Proposition 63 last week, he didn’t mention the endorsement was conditional.

This summer, the Los Angeles Democrat ushered through the Legislature a measure that substantially amends in advance the ballot measure’s ammo regulation provisions — a move a Prop. 63 spokesman at the time called “sickeningly cynical.”

For about a year now, de Leon has been in a political feud with Lt. Gov. Gavin Newsom, Prop. 63’s primary proponent. The two fought over who had better ideas for gun and ammo control and what lawmaking avenue was more appropriate: the Legislature or the Ballot Box. And at least for now, de Leon won.

None of this was mentioned in the endorsement.

“Earlier this year, our Legislature passed the most sweeping and important package of gun safety laws in the nation, increasing nationwide momentum and grass-roots outcries for common-sense safeguards against gun violence,” de Leon wrote in a statement. “I endorse Proposition 63 because we must send a powerful and united message to the national Gun Lobby that California will not capitulate to political bullying or compromise the public safety.”

Critics cry foul

Republicans in the Assembly tried to fight de Leon’s bill as it moved through the Legislature, arguing on procedural grounds, and were easily overruled. In an interview this week, Assemblyman James Gallagher, an attorney by trade, called de Leon’s actions “ridiculous,” adding the Los Angeles Democrat is “trying to change what might be the will of the voters.”

“The voters are being asked to vote on something right now that, if passed, [the Legislature is] going to change the language,” said Gallagher, a Nicolaus Republican.

Gallagher opposes both Prop. 63 and the de Leon bill, but said the procedure matters: “Is that the kind of precedent that we want to set?”

Legal analysis

But, in fact, it may be legal.

“I don’t think I have seen this before, but it looks legit to me,” said Frederic Woocher, an elections law specialist at the Los Angeles law firm Strumwasser and Woocher, who has no connection with either the ballot measure or the legislation.

Prop. 63 does allow for legislative amendments, as long as they “further the purposes” of the measure and pass by at least 55 percent. According to Woocher, since the Legislature has the power to amend the measure, and since the legislation won’t go into effect until after Prop. 63 would pass, this is akin to passing the legislation next year — like postdating a check.

“Under this admittedly unusual circumstance, I believe it would constitute a valid amendment to Prop. 63 under the initiative’s provisions allowing for amendments (again, this assumes that it ‘furthers the purposes’ of the initiative),” Woocher said.

But is it transparent?

Where Gallagher and Woocher disagree most though, is whether the Legislature’s move is transparent. Gallagher said that the voter-fatigue inducing, 17-measure ballot and accompanying voter guide already make the process cumbersome on voters — adding pending legislative amendments makes matters worse.

“It’s bad enough that you have this huge voter pamphlet; let alone to have to go ‘Oh, well, also the Legislature may have passed a bill that’s going to change this language,’” Gallagher said.

But Woocher argued that because the Legislature took action prior to the November election, and the Legislative Analyst’s Office was able to consider the amendments in its analysis, interested voters will have the opportunity to become fully versed.

“The amendments may not be reflected in the title and summary per se … but I think it is not unreasonable to expect interested voters to review the entire Voters’ Pamphlet, which includes the Leg Analyst’s more in-depth and explanatory analysis of the expected impacts of the measure’s passage,” Woocher said.

A spokesman for Kevin de Leon did not respond to multiple requests for comment.

This piece was originally published by CalWatchdog.com

Democrats eye post-election transportation session

As reported by Politico:

SACRAMENTO — After a year of stalled negotiations on a multi-billion dollar transportation plan, Democratic legislative leaders are privately discussing reconvening the state Legislature after the Nov. 8 election to take up road funding in a special session, legislative sources said.

In a lobbying effort supported by Assembly Speaker Anthony Rendon and Senate President Pro Tem Kevin de León, state Sen. Jim Beall and Assemblyman Jim Frazier, chairman of the chamber’s Transportation Committee, have reached out to colleagues in recent days to seek support for a transportation bill.

Frazier and Beall helped craft a $7.4 billion transportation proposal this year that would have included a 17-cent-per-gallon increase in the gas tax, though that measure would likely be amended before lawmakers take it up. Gov. Jerry Brown, who previously called for a smaller, $3.6 billion transportation package, remains resistant to the lawmakers’ more expensive proposal, sources said. …

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