Skelton: Schwarzenegger shows the value of having an upbeat attitude in politics

Former Gov. Arnold Schwarzenegger returned to Sacramento recently and reminded us of a beneficial trait he possesses that is sorely lacking in today’s polarized politics: an upbeat attitude.

There’s currently too much bellowing, blaming and belligerence — and hatred — to make democracy work productively the way the republic’s founders intended.

True, it’s easier to be upbeat when you’re super rich and a global celebrity — one who has soared to the top in three competitive ventures: bodybuilding, movies and politics.

Conversely, being upbeat and an eternal optimist throughout life surely is a major reason why Schwarzenegger, 76, rose to the top of the heap, accumulating stardom, wealth and power.

It made him an extraordinarily interesting moderate Republican governor for seven years — not always successful, but constantly trying and bold.

I was reminded of Schwarzenegger’s value to the political world when he came back to the state capital to celebrate the 20th anniversary of his swearing-in as governor on Nov. 17, 2003, having ousted Democrat Gray Davis in a unique recall election.

Right here I’ll admit to a pro-Schwarzenegger bias regarding one matter: his positive, practical relationship with the news media.

That doesn’t mean he was treated gently in the press. Coverage was often hard-hitting. The Times exposed allegations that

he groped women right before the recall election.

As governor, Schwarzenegger was criticized in print

for his fiscal policies, calling Democratic legislators “girlie men” and reducing the manslaughter sentence of a Democratic ally’s son.

But he chose the Sacramento Press Club to host one of two inaugural anniversary celebrations. He did an hourlongQ&A session during a sold-out luncheon. A later evening reception attended by hundreds was organized by alumni of the Schwarzenegger administration.

Asking the Press Club to host a luncheon for him enabled the organization

to sell tickets and raise several thousand dollars

for its scholarship fund to help college journalism students.

That was Schwarzenegger’s pattern as governor. Each January, he would speak to a sold-out Press Club luncheon, pitching his legislative agenda and raising thousands of dollars for journalism scholarships.

But not his successors: Democrats Jerry Brown and Gavin Newsom.

Brown appeared only once in eight years. Newsom never has, although he seemingly jumps at every opportunity to appear on national TV. It wouldn’t matter except that he’s denying journalism students thousands of dollars in scholarship money.

“I would not be sitting here today if it weren’t for the press,” Schwarzenegger replied when veteran political writer Carla Marinucci, the luncheon Q&A moderator, asked him how he viewed his news coverage as governor.

What he meant was that whether it was in bodybuilding, movie acting or being governor, if journalists had not informed the public about him, he would not have become a household name. He’d have been like the proverbial giant tree falling in the isolated forest.

“I had a great relationship with the press after I became governor,” he said. “I’m a happy camper.”

Unlike so many politicians, particularly MAGA Republicans, Schwarzenegger did not habitually accuse reporters of prejudicial coverage or spreading “fake news” — even when they took his hide off.

That’s one example of his upbeat, sunny personality, a trait that applied to his governing generally.

“It was the best seven years of my life without any doubt,” he told the Press Club.

But his “anything’s possible” belief led to both good and bad decisions.

“I loved — I mean loved — challenges,” he told the luncheon crowd. “And I love when people would say, ‘This can’t be done. … It will be impossible. …’

“The more they said those things the more excited I got because I love danger. I hate a boring life, which I call ‘existing.’ I love living fully with the dangers and the failures and the successes.”

Schwarzenegger wouldn’t listen to people he called “naysayers.”

OK, that can be admirable but it’s a dangerous two-edged sword. The naysayers were usually experienced political and government hands trying to give the novice practical advice.

Sage advice such as don’t call a special election to push a package of wide-ranging so-called reforms that had weak support. The governor did anyway in 2005 and was uncharacteristically humiliated when voters rejected his measures in a landslide.

“I got the message,” Schwarzenegger said afterward.

The governor got it so well that the next year he promoted $37 billion in infrastructure bonds that voters readily approved.

Schwarzenegger’s persistence gained voter approval of a vital political reform: ending the Legislature’s gerrymandering of legislative and congressional districts.

But the optimist often over-promised and couldn’t deliver, as when he vowed to “tear up the credit cards,” “end the crazy deficit spending” and “live within our means.” It was a pleasant dream.

Schwarzenegger was self-confident enough that he didn’t bow to his party’s base, unlike most politicians. Hollywood’s action hero famously spoke the truth to a Republican state convention in 2007, admonishing that “we are dying at the box office. We are not filling the seats.”

He warned that the GOP could win in California only by “expanding into the center, not falling back upon ourselves into a smaller and smaller corner.”

The GOP regarded Schwarzenegger as a heretic naysayer and retreated into a much smaller corner.

Now “we need new blood” in political leadership, he told the Press Club. “New energy, a new way of looking at [problems].” He cited Democrat John F. Kennedy and Republican Ronald Reagan as the “fresh blood” of their eras.

But Schwarzenegger insisted he wasn’t criticizing President Biden.

Click here to read the full article in the LA Times

Schwarzenegger’s victory reverberates today

For Californians, the recall signaled not simply louder politics but a new era in governance

It’s 20 years ago this week since Arnold Schwarzenegger became governor of California, after the recall of former Gov. Gray Davis. For much of the last two decades, the recall has been remembered mostly as a bizarre media circus, with 135 candidates, a hurried 60-day campaign, and a debate featuring Schwarzenegger and Arianna Huffington trading insults.

This is a shame, because that strange, cataclysmic event shifted California’s political priorities and offers important lessons that might provide some much-needed hope about our power to change the future.

In retrospect, the Davis recall looks like the first of three election earthquakes in the 21st century that shook up American politics. The other two are the elections of Barack Obama in 2008 and Donald Trump in 2016.

For Americans, the recall election, with all its bombast, would preview how politics would grow louder, more populist, more direct. And for Californians, the recall was something more: the beginning of a new era in governance.

In three major policy areas, the recall brought big movements in policies to put California more in line with the preferences of its people.

None of those policies got the same TV coverage that was devoted to populist hot buttons like Davis’ raising the “car tax,” or Schwarzenegger’s “groping” scandal. But the policies were all major proposals during Schwarzenegger’s recall campaign in 2003 and his subsequent reelection in 2006.

And these shifts in priorities are ongoing, having outlasted Schwarzenegger’s administration because they were embraced by his two gubernatorial successors, Jerry Brown and Gavin Newsom, and by voters.

The first of these issues is children’s programs. Schwarzenegger repeatedly promised more spending on schools, children’s health and the after-school programs that had been the subject of his personal philanthropy and a ballot initiative he championed. Facing budget problems, he struggled to deliver on these promises in office. But he made some progress, and Brown and Newsom have done even better.

Today, per-pupil spending in California is more than twice what it was 20 years ago. With the help of Obamacare — which Schwarzenegger strongly supported — all California children, even undocumented immigrants, are eligible for health insurance. And California now spends so much on after-school programs — more than the other 49 states combined — that the Biden administration is trying to convince the rest of the country to adopt our approach.

The second area was the environment. During the recall campaign, Schwarzenegger, assisted by some of his most progressive advisers, offered six major promises on environment and climate change. Through executive orders and legislative compromises, he achieved all six — including solar and alternative energy investment, building efficiency standards, landmark targets for reducing greenhouse gases, and reductions in the carbon intensity of fuel.

State policymakers added more policies to this foundation, and Schwarzenegger in his post-governorship worked with other states and countries to further develop anti-carbon pollution policies.

The third issue area was, appropriately, the power of people in democracy. Near his term’s end, Schwarzenegger convinced voters, after multiple failed attempts, to make two changes.

One was to eliminate partisan primary elections, replacing them with a “top two” system where the top two vote-getters in the first round of an election advance to the second-round election in November, regardless of party affiliation.

The other was to end gerrymandering by the legislature and turn the job of drawing electoral districts over to a 14-member, bipartisan commission of citizens who do not have close ties to state government or political parties. This nonpartisan redistricting concept has spread to other states — from Colorado to Michigan — with Schwarzenegger’s continued advocacy. One-third of legislative districts in the U.S. are now drawn by such commissions.

These significant changes were possible in part because of the recall. Schwarzenegger, however, doesn’t much like reflecting on the recall, or the past in general. When I interviewed him at his L.A. home in September for a new book on the recall’s impact, he kept changing the subject to the future, specifically the need for the U.S. to build new infrastructure to meet our economic and environmental needs.

He suggested that President Biden’s infrastructure package, of $1.3 trillion over 10 years, was not nearly fast enough. “We need action now,” said Schwarzenegger. If he were president, Schwarzenegger told me, “there’d be $1.3 trillion in infrastructure every year.”

Click here to read the full article in the LA Times

Arnold Schwarzenegger Hits Bicyclist in West LA: Officials

Former California governor Arnold Schwarzenegger was involved in a car crash in West Los Angeles that left a bicyclist hospitalized Sunday, officials said.

The crash took place around 10:30 a.m. at the intersection of San Vicente Boulevard and Burlingame Avenue, according to Officer Mike Lopez of the Los Angeles Police Department.

Schwarzenegger allegedly hit the woman when she made a left turn in front of his vehicle and Schwarzenegger didn’t have time to stop, witnesses told TMZ.  

LAPD officials said the bicyclist’s injuries were considered non-life-threatening and that no crime was committed. 

The “Terminator” star reportedly took the injured woman’s bicycle to a local shop to get fixed.

Click here to read the full article at FoxLA

Gov.-Elect Newsom’s Tax Reform Plans Will Face Bipartisan Risistance

Gavin newsomGovernor-elect Gavin Newsom says he hopes to amend the California tax code to lessen its dependence on income and capital gains taxes paid by the very rich. Yet the last two serious attempts at tax reform were both dead on arrival, and the political dynamics since their failure appear unchanged or even more unfavorable.

With the state overdue by historical standards for another recession, Newsom is well aware of the revenue nightmare that is looming. After the Great Recession hit a decade ago, state revenue plunged nearly 20 percent – leading to harsh budget cuts in education, public health and social services. Since income and capital gains taxes generate about two-thirds of state revenue, volatility is common.

The revenue decline a decade ago led then-Gov. Arnold Schwarzenegger to create a commission that in 2009 recommended slashing taxes on income and capital gains while imposing taxes on broad categories of services including legal work, haircuts and tickets to sports and entertainment events. The goal was a tax code rewrite that was initially revenue-neutral but that could end up creating considerable new revenue because of provisions designed to promote economic growth.

Democrats see income-tax cut as gift to rich

Yet while commission heavyweights like former Treasury Secretary George Shultz and many economists touted the wisdom of the proposal, the commission’s tax-overhaul blueprint was blasted by both parties from the moment it was released.

Democrats said the plan was a giveaway to the rich. Republicans knocked it for expanding government taxation to new areas.

The scheme – dubbed the Parsky plan because Rancho Santa Fe GOP businessman Gerald Parsky chaired the commission – never even came up for a committee hearing.

Six years later, in 2015, state Sen. Robert Hertzberg pushed a similar proposal, but with a twist. Instead of being revenue-neutral, has plan would yield $10 billion in new revenue a year. Yet Hertzberg’s plan was also DOA in the Capitol for the same reasons as Parsky’s.

Now, with the progressive wing in more complete control than ever of Democrats, their antipathy toward the idea of tax relief for the rich may never have been stronger. That was reflected in the recent Sacramento Bee story about Newsom’s interest in revamping the state tax code.

Jessica Bartholow, policy advocate at the Western Center on Law & Poverty, told the Bee that the tax code shouldn’t be changed to help the rich and big business.

“Capital gains is money earned by people who didn’t earn it,” Bartholow said. “If wealthy corporations and people are having an upswing in their interests, then why shouldn’t the poorest people?”

Republicans fear reform would prove bait-and-switch

The strongest voice in support of tax reform the Bee cited was Rob Lapsley, president of the California Business Roundtable. But the basic sentiment conservatives expressed about the Parsky and Hertzberg plans – Sacramento wants to tax even more human activities? – is at least as intense as in 2009 and 2015. There is considerable suspicion that any reform plan would end up as a Trojan horse for much higher taxes.

This is fueled by evidence that Democrats are gearing up for a huge push to hike taxes even though state revenue is at an all-time high. The most high-profile gambit is qualifying a measure for the 2020 ballot that would end Proposition 13 protections against property tax hikes of more than 2 percent a year for commercial and industrial properties.

This tax-hike fervor is already evident in local governments, including some under Republican control. As CalWatchdog reported last month, more than 150 local governments asked voters to raise taxes in the June and November elections. While most of the tax hikes were adopted after campaigns depicting them as crucial to public safety and to maintaining government services, by far the fastest-growing category of local spending is on pension costs, which are predicted to roughly double for California cities from 2015 to 2025.

This article was originally published by CalWatchdog.com

Gas Tax Repeal Has 3/4 of Signatures Needed — with 30 Days to Go

An effort to repeal California’s new gas tax repeal has collected three quarters of the required signatures, and has 30 days to gather the last 200,000 to place an initiative on the November ballot.

The Reject The Gas Tax referendum, sponsored by the Howard Jarvis Taxpayers Association, has received substantial bipartisan voter support towards gathering the 587,407 California signatures from valid registered voters that are legally required to place an initiative on the ballot.

California’s Democrat-controlled legislature claimed that “The Road Repair and Accountability Act” of 2017 (SB-1), which they passed almost a year ago, would provide $5 billion per year to address significant funding shortfalls to maintain the state’s multimodal transportation network as the “backbone of the economy and critical to quality of life.”

But advocates of the gas tax were silent on how the regressive measure would hammer middle-income and lower-income families. The average California family of four is now paying about $300 more per year in gas taxes and fees and will pay about $400 more in 2019, along with an additional $50 in gas taxes for each year thereafter.

Progressives understand that after California Gov. Grey Davis increased car registration fees in 2003 by a similar $263 per year, voters retaliated by recalling the Democrat governor and sweeping Republican Arnold Schwarzenegger into office. …

Click here to read the full article from Breitbart.com/California 

How pension costs reduce government services

A think tank at Stanford University, known for bringing investment earnings forecasts into the public pension debate in California, issued a new study last week that looks at how rising pension costs are reducing government services.

The study found that while pension costs in a large sample of retirement systems increased an average of 400 percent during the last 15 years, the operating expenditures of the government employers only grew 46 percent.

Because of the “crowd out” from soaring pension costs, money for services have been reduced, including some “traditionally regarded part of government’s core mission,” said the study by Joe Nation of the Stanford Institute for Economic Policy Research.

“As pension funding amounts have increased, governments have reduced social, welfare and educational services, as well as ‘softer’ services, including libraries, recreation, and community services,” said the study. “In some cases, governments have reduced total salaries paid, which likely includes personnel reductions.”

The Stanford institute drew national attention in 2010 when graduate students calculated state pension debt was much larger than reported. To discount future pension debt, they used earnings forecasts for “risk-free” bond rates, rather than stock-based investment portfolios.

Nation’s study uses both the actuarial assumptions baseline of the retirement systems and a bond-based alternative to project that pension costs, even without a big stock-market drop, will continue to crowd out funding for government services during the next decade.

“Employer contributions are projected to rise an additional 76% on average from 2017-18 to 2029-30 in the baseline projection and 117%, i.e., more than double, in the alternative projection,” said the study.

There have not been many attempts to show how rising pension costs reduce services. A report last year from a citizens committee appointed by Sonoma County supervisors found $269 million in “excess costs” in the county retirement system between 2006 and 2015.

With $10 million a year, said the committee, Sonoma County could fund 44 more deputy sheriffs or pay for 40 miles of road improvement. Some Sonoma officials said concern about pension costs played a role in voter rejection of a 1/4-cent sales tax for transportation.

A Los Angeles Times story last month said a big part of a tuition increase at the University of California is going for increasingly generous pensions, including $357,000 a year for a former president, Mark Yudof, who worked for UC only seven years.

David Crane, a Stanford lecturer ousted from the CalSTRS board a decade ago for questioning overly optimistic earnings forecasts, showed in April and July reports how rising retirement costs are “shortchanging students and teachers” despite large school revenue gains.

The new Stanford institute study has 14 separate case studies: the state, six local governments in CalPERS including formerly bankrupt Vallejo and Stockton, the independent Los Angeles system, three county systems, and three school districts in CalSTRS.

The study said their “pension contributions now consume on average 11.4% of all operating expenditures, more than three times their 3.9% share in 2002-03,” and by 2029-30 will consume 14 percent under the baseline, 17.5 percent under the alternative.

In contrast, a survey of the public retirement systems done for former Gov. Arnold Schwarzenegger’s Public Employee Post-Employment Benefits Commission found pension contributions had been stable for more than a decade prior to the report in January 2008:

“Even though State pension contributions have risen in the past decade, they have remained at a relatively stable 3.5% to 4% of total General Fund revenues from the mid-1990s to present. The exception is 1999 to 2002 when contributions were significantly lowered.”

Table - stanford2

The Stanford institute’s case study of state spending on CalPERS and CalSTRS said $6 billion was shifted from other expenditures to pensions this fiscal year, much of the money apparently coming from social services and higher education.

The calculation was based on the growing cost of pensions during the last 15 years that, despite an expanding state budget, took 2.1 percent of operating expenditures in 2002-03 and an estimated 7.1 percent of operating expenditures this fiscal year.

The pension share of state operating expenditures in the baseline projection reaches 10.1 percent in 2029-30 and 11.4 percent in the alternative, crowding out an additional $5.2 billion or $7.4 billion.

“This expansion in pension funding requirements could be accommodated with additional 27% reductions in DSS and Higher Education expenditures (or reductions in other agencies and/or departments), or with slightly more than 4% across-the-board budget reductions,” said the study.

In an unrelated coincidence of numbers, the state got a $6 billion low-interest loan from its large cash-flow investment fund this year to double its annual payment to CalPERS, saving an estimated $11 billion over the next two decades by more quickly paying down debt.

The big loan, criticized by some who wanted more study, was bolstered late last month by a state Finance department analysis of the cash management, repayment plan, interest rates, investment earnings, and expected savings.

Annual state payments to CalPERS are expected to average about 2.2 percentage points less over the next two decades. Peak miscellaneous rates would drop from 38.4 percent of pay to 35.7 percent, peak Highway Patrol rates from 69 percent of pay to 63.9 percent.

“It is expected that any deviation from assumed CalPERS returns, or projected U.S. Treasury rates, will still result in significant net savings, and that any issues with funds’ ability to repay its share of the loan can be absorbed by the repayment schedule and effectively resolved,” said the Finance analysis given to the Legislature.

The California Public Employees Retirement System, like many public pensions, has not recovered from huge investment losses in the financial crisis a decade ago. The CalPERS state plans only have 65 percent of the projected assets needed to pay future pensions.

CalPERS estimates the $6 billion extra payment will increase the funding level of the state plans by 3 percentage points. The Finance analysis also said the extra payment would “partially buy down the impact” of a lower CalPERS discount rate.

Last December CalPERS lowered the investment earnings forecast used to discount future pension costs from 7.5 percent to 7 percent, triggering the fourth employer rate increase since 2012.

The annual valuations CalPERS gave local governments this fall reflect a drop of the discount rate from 7.5 percent to 7.35 percent next fiscal year, the first step in a three-year phase in.

number of cities unsuccessfully urged the CalPERS board last month to analyze two ways to cut pension costs: suspend cost-of-living adjustments and give current workers lower pensions for future work.

The Oroville finance director, Ruth Wright, told the CalPERS board: “We have been saying the bankruptcy word.” Salinas Mayor Joe Gunter created a stir by using the “bankruptcy word” at a city council meeting on Sept. 26 while talking about rising salaries and pension costs.

“How do we get this under control? How do we keep this city sustainable so we don’t have to file for bankruptcy?” Gunter asked.

Reporter Ed Mendel covered the Capitol in Sacramento for nearly three decades, most recently for the San Diego Union-Tribune. 

This article was originally published by Calpensions.com.

Damage from legislative bills delayed, but still harmful

CapitolSometimes, California’s laws are like a guillotine on a timer.

By the time the blade drops, everybody who set it up has made a safe getaway.

To illustrate, consider four different laws that did their damage long after the perpetrators moved on, and a brand new one that’s likely to raise rents and perhaps tax Californians right out of their own homes.

In 1999, the Legislature passed and Gov. Gray Davis signed Senate Bill 400, which increased the pensions of state workers, even those already retired. At the time, everyone was told it would cost taxpayers nothing because the pension fund’s investment returns would easily pay for the higher benefits.

Then the blade dropped. In 2016, the tab for state employee pensions was $5.4 billion, more than 30 times what the state was paying before SB400 took effect. Today the state faces crushing pension debt that’s deep into the hundreds of billions of dollars.

In 2006, the Legislature passed and Gov. Arnold Schwarzenegger signed Assembly Bill 32, which included a requirement to lower the state’s greenhouse gas emissions. Regulators had the idea to raise money by auctioning permits to emit greenhouse gases as part of a “cap and trade” program. The new expense for manufacturers, utilities, refineries and truckers was passed through to consumers, who today pay $1 per gallon more for gasoline than the national average, 30 percent higher electricity rates, and don’t even ask about the price of tomatoes.

In 2008, the Legislature passed and Gov. Schwarzenegger signed Senate Bill 375, which was intended to reduce “sprawl” and “vehicle miles traveled.” This law made it more difficult and expensive to build new housing in outlying areas. In 2016, California lagged behind 28 other states in new housing creation, while rents have been bid up by the surge of people who, under different government policies, might be homeowners in new communities.

In 2011, California lawmakers cut the reimbursement rate that the state pays doctors who treat Medi-Cal patients, but that didn’t stop them from expanding the Medi-Cal program under the Affordable Care Act. In the last four years, about 4.5 million Californians were added to the rolls of the safety-net health insurance that’s called Medicaid in the rest of the country. There are now about 13.5 million people on Medi-Cal, one-third of the state’s population.

But there was no corresponding increase in doctors who accept Medi-Cal, and the number of emergency room visits has gone up, not down, as more people became insured. A lawsuit just filed against the state charges that the shortage of providers is discriminatory against Latinos, who are now the majority of Medi-Cal enrollees, according to the suit. The newly formed California Future Health Workforce Commission says that by 2025, the state will have 4,700 fewer primary care doctors than needed.

The latest guillotine-on-a-timer is SB231, by Sen. Bob Hertzberg, D-Van Nuys, which passed the Assembly on Aug. 31 by one vote. It redefines “sewer” to include stormwater, “correcting” a 2002 court ruling that said local governments can’t impose taxes or fees for stormwater projects without voter approval. Now they can, according to the bill. It will be easy to add huge new annual fees to property tax bills, and rents will go up, too.

SB231 now goes to Gov. Jerry Brown for his signature.

By the time the blade cuts your throat, he’ll be out of there.

olumnist and member of the editorial board of the Southern California News Group, and the author of the book, “How Trump Won.”

He’ll Be Back? Schwarzenegger Reportedly Mulling Run for Senate

SchwarzeneggerJan2010Former California governor Arnold Schwarzenegger is reportedly considering a run for U.S. Senate in 2018, when incumbent Sen. Dianne Feinstein, D-Calif., is said to be considering retirement.

Several media outlets report that Schwarzenegger, who recently raised his profile with a series of Twitter clashes with President Donald Trump, is thinking of re-entering the political fray after several years’ absence.

Politico’s Carla Marinucci reports: “The prospect of Schwarzenegger’s return to elected politics in a 2018 U.S. Senate run — possibly as an independent — is generating increasing buzz in state Republican circles, fueled by the former governor’s seeming ability to get under the skin of President Donald Trump on social media.”

Schwarzenegger also opposed Trump in the Republican presidential primary, backing Ohio governor John Kasich instead.

If elected, Schwarzenegger could pose a significant opposition threat to the Trump administration on issues such as climate change. California’s controversial cap-and-trade system was introduced under Schwarzenegger’s administration.

However, Schwarzenegger will have to confront his own political record along the way. Though he was re-elected to a second term in 2006, Schwarzenegger is mostly remembered for leaving the state in a fiscal mess after abandoning the reform agenda that brought him to office in the first place.

The East Bay Times recalls:

The Republican governor’s approval ratings fluctuated while he was in office and were as high as 63 percent in March 2007. But five months after he left office, a Field Poll found that three of four California voters surveyed had a negative image of Schwarzenegger in the wake of revelations he had fathered a boy with a former household staff member while married to TV journalist Maria Shriver.

Whether he runs as an independent or as a Republican, Schwarzenegger would face stiff competition from a long line of California Democrats who have been waiting, patiently, to angle for Feinstein’s seat.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News. He was named one of the “most influential” people in news media in 2016. His new book, How Trump Won: The Inside Story of a Revolution, is available from Regnery. Follow him on Twitter at @joelpollak.

This piece was originally published by Breitbart.com/California

“There Ought NOT Be a Law” Project

20111103 CA RegulationsSometimes, in frustration over a perceived injustice, it is easy to think, “there ought to be a law,” but Californians should be careful what they wish for.

The state is awash in laws. Every two-year session, lawmakers introduce thousands of bills, and in the most recent, the governor signed 1,708 into law.

This brings to mind an old German proverb, “The more laws, the less justice.” This is because many of these bills are intended to benefit narrow special interests, like government employee unions, rent seeking businesses and professional groups, and pet projects like high-speed rail.

Then there are the less damaging bills that still amount to a waste of time and taxpayer dollars, although many of these provide a good source of amusement. Although some of the silliest laws are at the local level – in Chico detonating a nuclear device will cost you $500, in Carmel women are prohibited from wearing high heels and in San Francisco it is illegal to store anything but a car in a garage – the state continues to attempt to be competitive. In California, it is illegal for a vehicle to exceed 60 mph if there is no driver.

In Sacramento, for many self-absorbed Legislators, getting a bill passed is an extension of their ego. Perhaps this helps explain why, some years ago, a bill was introduced to make the banana slug the state mollusk. That one did not pass, but still, California was the first state to adopt a state rock, serpentine. Ironically, after spending time on approving this selection in 1965, it came up again in 2010 when one state senator decided serpentine is politically incorrect because it contains asbestos and she promoted legislation to remove its state status.

For some, just introducing legislation, whether it passes or not, has become a source of income. Twenty years ago, one senator introduced 143 bills in one session. This turned out to be a pay for play scheme where bills were introduced for those willing to pay. This lawmaker ended up spending time in prison for accepting bribes, and the public scrutiny forced the politicians to limit the number of bills that can be introduced to 40. Still, with 120 legislators, this means that there is the potential to introduce a mind-boggling 4,800 bills, each with the potential to become law. And introducing bills remains an effective method for raising campaign cash.

Even the most innocuous seeming bills can be a problem for taxpayers. Several years ago, Gov. Schwarzenegger criticized the Legislature for dithering over finding a solution to the state’s then $26 billion deficit, while plenty of time was found to deal with the issue of cow tail docking.

While humane treatment of animals may deserve consideration, taking time to pass a law, like making Spanish moss the official state lichen, has a cost. Even if we consider lawmakers’ time worthless, and many do, there are still thousands of dollars spent on legal analyses by the Office of the Legislative Analyst and on printing costs.

This raises the question, do lawmakers still have too much latitude when determining how may bills they introduce? Some states, like Colorado, survive while limiting legislators to no more than five.

And what about the tens of thousands of laws already on the books? Certainly, there is justification to make an examination and to seek to simplify the legal code under which we all must live, by striking those found to be unnecessary.

Enter Senator John Moorlach who has kicked off the “There Ought Not Be a Law” project and is looking for submissions from the public on repealing laws that would help streamline government, and remove regulations that impose unreasonable burdens on taxpayers. The senator will be taking nominations for laws to be reduced or repealed until the first of the year. To learn more, go here.

Jon Coupal is president of the Howard Jarvis Taxpayers Association — California’s largest grass-roots taxpayer organization dedicated to the protection of Proposition 13 and the advancement of taxpayers’ rights.

This piece was originally published by HJTA.org

17-Cent Gas Tax Hike on the Horizon

gas prices 2The Democratic member who has led the push in the Assembly for a gas tax hike to pay for transportation improvements is teaming with the Democratic senator who has played the same role in his chamber. And the pair want to be far bolder that Gov. Jerry Brown was in his 2015 proposal.

Assemblyman Jim Frazier, D-Oakley, and Sen. Jim Beall, D-San Jose, propose a 17 cent per gallon tax increase to fund a $7.4 billion transportation program, with likely additional annual hikes after adoption because the rate is indexed to inflation. They also want to increase the tax on diesel fuels by 30 cents a gallon, with the same indexing provision, and to make it easier to get approvals for transportation infrastructure improvements.

Brown’s proposal — which went nowhere in a special session — was built on a 6 cent per gallon tax increase and other provisions that would have funded a $3.6 billion transportation plan.

Bitterness over 2010 gas tax swap hangs over debate

The huge problem facing any proposal to raise taxes of this sort is the need for two-thirds approval, which means Republican votes in both the Assembly and Senate are necessary. And Democrats lobbying for GOP support don’t just have to overcome traditional Republican opposition to higher taxes. There continues to be deep bitterness over the gas tax swap that GOP Gov. Arnold Schwarzenegger and Democratic lawmakers pulled off in 2010 to plug a $1.8 billion hole in the 2010-11 budget. Republicans aware of this history would struggle to believe that the tax hikes that Frazier and Beall seek for road repairs might not at some future date be used to pay for state salaries, pensions or other needs unrelated to potholes and aging bridges.

The background: Irate over previous diversions of gasoline sales taxes from road repairs to other uses, California voters twice this century passed ballot measures — Proposition 42 in 2002 and Proposition 1A in 2006 — that banned such use of gas sales tax revenue.

But gasoline excise taxes can be spent on general fund obligations. So in 2010, gas excise taxes were sharply raised and gas sales taxes sharply reduced. Because the move was revenue-neutral, Schwarzenegger and Democrats successfully argued that the maneuver only needed to pass on a simple majority vote — not the two-thirds vote needed for tax hikes.

As a result, each year, the state Board of Equalization announces whether it is raising or cutting state excise taxes on gasoline to honor the deal’s requirement that the 2010 gas tax swap be roughly revenue-neutral.

Recent coverage of the Frazier-Beall initiative has not detailed whether the 17 cent per gallon tax hike would be entirely in the gas sales tax or entirely in the gas excise tax or a combination of increases in each.  If it were in the gas sales tax, that would nominally mean the money could only be spent on road repairs and infrastructure improvement because of Propositions 42 and 1A. But another gas tax swap could enable the money to be diverted to the general fund by a simple majority of the Legislature in the future, at least if the governor was amenable.

Republican lawmakers are also likely to be wary of another part of the Democratic lawmakers’ proposal: a $165 yearly fee for owners of zero-emission vehicles to help pay for road improvements. While that’s higher than what most states with such fees charge, it’s only half of what the average U.S. car owner pays in gas taxes a year, according to data from 2013.

The argument that zero-emission vehicles should pay more toward road maintenance is dismissed by greens who cite the environmental benefits of the vehicles. But as such vehicles become more common — and as states push gas taxes higher — owners of regular vehicles and free-market advocates are likely to cry foul.

Originally published by CalWatchdog.com