MOORLACH UPDATE — 2019 Veto-Worthy Bills and Second 94 — September 21, 2019

2019 Baker’s Dozen Veto-Worthy Bills

We continue the tradition of recommending a gubernatorial veto for the bills put on the Governor’s desk after the rushed bill passage at the conclusion of Session (see MOORLACH UPDATE — 2018 Top 20 Veto Worthy Bills — September 13, 2018, MOORLACH UPDATE — 2017 Top 20 Veto Worthy Bills — September 22, 2017, MOORLACH UPDATE — 2016 Veto Worthy Bills — September 12, 2016 and MOORLACH UPDATE — Worst and Vaguest — September 22, 2015).

During the concluding weeks of the legislative session, we put together a list of bills we think are poor public policy and should not become law. Within minutes of the close of Session, my staff and I start to compile the worst bills. It is then provided for The FlashReport and is the first piece below. We usually provide 20 bills, though in reality there are exponentially more. However, this year we are presenting a more manageable 13 bills or categories. Regretfully, the Governor has already signed a few of them — that’s how quick he is moving. Now you know why we compile the list as fast as possible.

We hope that the Governor makes good decisions on some very politically charged bills. I’ll try to let you know how things go over the next few weeks.

School Districts — Numbers Ninety-Five to One-Hundred-Eighty-Eight

The next 94 school districts are provided in the second piece below. In the first group of 94, among Orange County’s school districts, Fountain Valley Elementary School District made it to the 80th position, moving up 22 positions of 944 statewide (see MOORLACH UPDATE — School District Rankings – Top 94 — September 20, 2019).

In this second group, Laguna Beach Unified School District makes it to 161st place, moving up 19 positions.

State Senator John Moorlach

California’s Dirty Baker’s Dozen: Veto-Worthy Policy Proposals that Shouldn’t Be Law

Posted by State Senator John Moorlach

http://www.flashreport.org/blog/2019/09/20/californias-dirty-bakers-dozen-veto-worthy-policy-proposals-that-shouldnt-be-law/

Publisher’s Note: Every year after the end of legislative session the FlashReport works with one or two legislators to publish a list of the worst of the bad bills passed by Senate and Assembly, and sent to the Governor for consideration. This last legislative session was, predictably, not a good one for those who embrace the ideas of liberty and freedom – and who embrace the concepts of individual liberty and individual responsibility. This year we are excited to again work with conservative State Senator John Moorlach as we present to you a Baker’s Dozen, or 13, of the worst pieces of legislation to make it to the Governor. As of publication he has already vetoed one, SB 1, and signed one, AB5. When he is done we will publish a recap of what did or did not become law from the list. — Flash

SB 1 (Atkins, Portantino & Stern) – California Doesn’t Care What Federal Environmental Law Says: This bill is a partisan missile thrown at the Trump Administration for clearing up a mess of convoluted and conflicting federal environmental laws made worse by a patchwork of presidential executive orders and Supreme Court rulings over the last several decades. It turns out that top Congressional Democrats felt like the California Legislature was overreaching and asked that the bill not go forward because it would have hindered a lot of good work on water projects desperately needed throughout the state.

AB 5 (Gonzalez) – Lose/Lose for Workers & Businesses: I’ve written a lot over the years about the distinct differences between a legitimate employee and a contractor. The rules were fairly clear until a California company decided to abuse the law and its workforce. Instead of the California Supreme Court rendering a judgment on a specific company, it produced a terrible precedent upon every other company in the state. This bill codifies a poor ruling in an aggressive move to unionize more employees and punish businesses who legitimately and logically retain independent contractors, thus all the carve-outs in the bill. I predict devastating impacts upon our small businesses and gig economy with a lot of legislative fixes next year as the reality of this bill catches up with the theory.

SB 24 (Leyva) – A Political Hot Potato California Public Universities Didn’t Request: Neither the University of California nor California State University asked for this bill. No other states require their universities to provide medical abortions in student health centers. The state is replete with abortion providers, many near our college campuses. Perhaps our Legislature should be encouraging our colleges to focus on educating students, rather than engaging in controversial health issues.

State Sen. John Moorlach

AB 44 (Friedman) – Banning Fur; What’s Next? There is no unique circumstance to the fur-producing industry that doesn’t already apply to other animal-based commodities, making it unclear why the state should ban fur exclusively. If people don’t like fur-based products, the marketplace will signal as such and an alternative will readily take its place. The state should not be in the business of killing businesses it disagrees with.

AB 48 (O’Donnell) – We Are At Debt Capacity! California’s Unrestricted Net Deficit grew by $43.8 billion in the last year alone, from $169.5 to $213.3 billion (a 25 percent increase!). If it were not for New Jersey, the Golden State would have the largest deficit of all the 50 states. California needs to improve its balance sheet before it takes on more bond debt, regardless of how noble the cause for the bond proceeds. With rising pension costs, a volatile income tax system, and a potential recession on the horizon, adding more than $700 million in new annual debt payments to the state’s general fund budget may result in additional requests for more taxes and/or significant budget cuts in future years. When California has a supposed budget surplus this year, more debt and taxes make no sense.

SB 113 (Committee on Budget) – Stolen Housing Assistance: The state should not take money legally obtained and intended for one purpose and then spend it on a different purpose. That’s what happened when the Legislature repeatedly took court-awarded money from Californians hit by the housing crisis after waiting seven years to get the help they deserved. This bill continues to delay the assistance of $331 million in relief to struggling homeowners, jeopardizing the intent of the settlement.

SB 276 (Pan) & SB 714 (Pan) – Bureaucratizing Vaccines: Both these bills are not about fully vaccinating everyone in our public schools, because if they were, then the legislation would go beyond students and require that all teachers, administratiors and classified staff be vaccinated and have updated boosters, which it does not. Rather, these bills chill the doctor/patient relationship and replace it with a bureaucratic board mandated to make critical, yet uninformed, health decisions for medically fragile children.

SB 328 (Portantino) – Late Delays at Ridgemont High: In addition to further regulations on charter schools, mandating later start times for public high schools would be a killer on the working family. It’s already difficult enough as it is to coordinate school drop-off times. For school districts that desire later start times, let them make that decision and be held accountable by the local citizens.

SB 696 (Umberg) – Disingenuous Disenfranchisement Act of 2019: This bill would effectively ban California’s third-largest political party from the ballot. The American Independent Party has been recognized and qualified in California since 1968. With more than 518,000 registered voters, forcing an established political party to change its name and forfeit its longstanding identity with the voting public would clearly impose a severe burden on its constitutional rights. Banning a political party’s chosen name is a drastic remedy for the alleged ignorance of some voters, who can easily re-register themselves, if they so wish, up to and including on the day of the election.

AB 857 (Chiu & Santiago) – A Slightly Better Bad Banking Idea: Given the great expense of starting public banks, it will likely prove to be far too expensive for any local government to undertake. I know this because I tried to do it while serving as Orange County’s Treasurer-Tax Collector. The difficulties and expenses of creating a public bank would prove a futile and potentially expensive failure if seriously undertaken.

AB 1290 (Atkins) – Project Labor Agreements Über Alles: One of the legislature’s favorite parlor games – gutting and amending bills at the end of session and circumventing a fair public review process – turns out to also thwart the will of local San Diego voters after they supported Proposition A. This legislation usurps San Diego voters’ desire to have union and non-union workers get an equal shot at work on city-funded projects.

AB 1482 (Chiu, Bloom, Bonta, Grayson & Wicks) – Ignoring the Voters to Get a Rent Cap: Just last year, California voters overwhelmingly rejected Proposition 10, which would have allowed local jurisdictions to enact rent control ordinances in a supposed effort to help prevent further homelessness, with over 59% of the voters opposing the proposition. Given the strong disfavor for this policy, it seems highly irregular for the Legislature to then adopt this policy, thus ignoring the will of the voters.

AB 1505 (O’Donnell, Bonta, McCarty & Smith) & AB 1507 (Smith, McCarty, & O’Donnell) – Edging Toward Charter School Elimination: These bills effectively impose a moratorium on charter schools and limit the number and locations of resource centers that a charter school may operate, anticipating their total elimination in California. Neither bill makes any sense to anyone, except those who wish to eliminate charter schools as competition to the incumbent monopoly of traditional public schools over a blended learning or personalized learning environment.

Rank School District Population Per Cap 2017 Chg
95 Pacific Elementary 877 $3 278 183
96 Lassen View Union Elementary 2,845 ($7) 124 28
97 McCloud Union Elementary 1,321 ($11) 138 41
98 Paradise Elementary 947 ($12) 94 -4
99 Caliente Union Elementary 973 ($16) 96 -3
100 Happy Valley Elementary 1,480 ($17) 134 34
101 Palo Verde Union Elementary 2,835 ($18) 117 16
102 Winton 11,013 ($18) 160 58
103 Summerville Union High 9,905 ($20) 109 6
104 Lucerne Elementary 3,395 ($23) 123 19
105 Garfield Elementary 331 ($25) 76 -29
106 Chicago Park Elementary 1,217 ($25) 163 57
107 Alta-Dutch Flat Union Elementary 1,979 ($36) 112 5
108 Bridgeville Elementary 560 ($42) 131 23
109 Santa Ynez Valley Union High 22,222 ($47) 133 24
110 Whitmore Union Elementary 737 ($50) 129 19
111 Fieldbrook Elementary 874 ($53) 121 10
112 El Nido Elementary 1,793 ($68) 144 32
113 Three Rivers Union Elementary 2,383 ($71) 118 5
114 Burnt Ranch Elementary 741 ($72) 201 87
115 Somis Union 3,279 ($75) 122 7
116 Death Valley Unified 744 ($77) 145 29
117 Round Valley Joint Elementary 1,051 ($79) 100 -17
118 Raymond-Knowles Union Elem 1,305 ($80) 143 25
119 Wasco Union High 31,840 ($83) 99 -20
120 Wasco Union Elementary 27,978 ($88) 295 175
121 Strathmore Union Elementary 5,866 ($91) 110 -11
122 Peninsula Union 480 ($91) 161 39
123 Liberty Elementary 1,978 ($92) 194 71
124 Warner Unified 2,481 ($92) 172 48
125 Chowchilla Elementary 22,780 ($93) 132 7
126 Browns Elementary 976 ($102) 91 -35
127 Knights Ferry Elementary 648 ($106) 155 28
128 Southern Trinity Joint Unified 1,005 ($114) 230 102
129 Oak Run Elementary 609 ($117) 114 -15
130 Shaffer Union Elementary 9,317 ($118) 140 10
131 Jamestown Elementary 8,863 ($119) 149 18
132 Igo, Ono, Platina Union Elementary 1,025 ($122) 271 139
133 Big Lagoon Union Elementary 462 ($126) 127 -6
134 Lassen Union High 25,153 ($130) 147 13
135 Pleasant Valley Joint Union Elem 923 ($132) 261 126
136 South San Francisco Unified 83,655 ($138) 81 -55
137 Manchester Union Elementary 639 ($143) 176 39
138 Kashia Elementary 81 ($145) 292 154
139 Tres Pinos Union Elementary 834 ($151) 158 19
140 Oak View Union Elementary 3,079 ($153) 208 68
141 Foresthill Union Elementary 6,709 ($155) 142 1
142 Nevada City Elementary 15,578 ($160) 157 15
143 Sierra-Plumas Joint Unified 3,599 ($160) 152 9
144 Twain Harte 5,513 ($163) 98 -46
145 Pond Union Elementary 737 ($166) 52 -93
146 Columbia Union 6,069 ($181) 170 24
147 Di Giorgio Elementary 976 ($186) 90 -57
148 Cinnabar Elementary 2,699 ($187) 139 -9
149 Reeds Creek Elementary 1,291 ($189) 232 83
150 Green Point Elementary 234 ($195) 106 -44
151 Campbell Union High 239,748 ($196) 164 13
152 Big Pine Unified 1,808 ($197) 108 -44
153 Sonora Union High 39,113 ($199) 168 15
154 Rockford Elementary 1,356 ($203) 95 -59
155 Yreka Union High 17,369 ($209) 181 26
156 Junction Elementary 3,750 ($216) 219 63
157 Susanville Elementary 10,390 ($219) 135 -22
158 Wheatland 7,707 ($224) 67 -91
159 Columbine Elementary 275 ($225) 224 65
160 Atwater Elementary 36,162 ($225) 159 -1
161 Laguna Beach Unified 29,473 ($233) 180 19
162 Penn Valley Union Elementary 13,030 ($234) 184 22
163 Sonora Elementary 8,719 ($235) 167 4
164 Curtis Creek Elementary 8,974 ($242) 166 2
165 Shasta Union Elementary 2,308 ($247) 272 107
166 Big Sur Unified 467 ($248) 119 -47
167 Cutten Elementary 5,311 ($249) 130 -37
168 Black Butte Union Elementary 4,433 ($249) 367 199
169 Montague Elementary 1,955 ($250) 304 135
170 Lakeside Joint 2,733 ($252) 223 53
171 Latrobe 2,767 ($256) 197 26
172 Evergreen Union 9,440 ($257) 174 2
173 Golden Feather Union Elementary 2,787 ($258) 126 -47
174 Siskiyou Union High 15,823 ($258) 236 62
175 Anderson Union High 38,951 ($262) 154 -21
176 Pine Ridge Elementary 906 ($263) 89 -87
177 Arcohe Union Elementary 4,980 ($265) 175 -2
178 Fremont Union High 243,263 ($266) 191 13
179 Sequoia Union Elementary 2,185 ($267) 148 -31
180 Valley Home Joint Elementary 1,776 ($274) 186 6
181 Pleasant Grove Joint Union 908 ($280) 213 32
182 Sausalito Marin City 11,035 ($280) 182 0
183 San Antonio Union Elementary 1,941 ($288) 246 63
184 Modoc Joint Unified 5,983 ($289) 116 -68
185 Nevada Joint Union High 83,537 ($289) 204 19
186 Fortuna Elementary 13,711 ($289) 195 9
187 Chowchilla Union High 24,639 ($292) 190 3
188 Butteville Union Elementary 1,704 ($294) 240 52

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