Dave Cox Senate Report: June 2007

'Nanny Government' is Rampant in the Capitol

The Legislature last week was faced with what we call the “house of origin” deadline, where all bills introduced in 2007 must pass out of the house where they were originally introduced. This would mean that they would be through half of their legislative journey to becoming law.

It is amazing to me how many bills are introduced that attempt to manage the private lives of individuals in California. Some of us refer to this as “nanny government,” and it seems to have become an increasing trend in the Capitol.

Here are the most prominent examples of this type of legislation:

SB 120 (Padilla) – Requires restaurants with 10 or more locations to provide nutritional information on menu boards and printed menus. The author of this bill apparently feels that it is government’s business to inform us if our meal choices are healthy or not. The bill passed the Senate on a vote of 22 to 17.

AB 1634 (Levine) – Requires the spaying or neutering of pet dogs and cats within 4 months of their birth. In order to breed these animals, individuals would have to register as a breeder and pay $500 for a breeder’s license. This bill passed the Assembly with the bare minimum 41 votes.

AB 493 (Ruskin) – Imposes a fee of up to $2,500 on the purchase of sports utility vehicles in order to subsidize the purchase of lower mileage automobiles, an attempt to regulate the type of car a family can buy. This bill failed on the Assembly Floor by a vote of 35 to 35.

AB 97 (Mendoza) - Prohibits restaurants from preparing food in oils, margarine and shortening that contain trans-fats, even though many restaurants are already voluntarily doing this. My colleague, Assemblyman Alan Nakanishi said it best during the debate on this bill: "What's next, a ban on ice cream, sugar and chocolate cake?" The bill passed on a vote of 42 to 31.

AB 755 (Lieber) – This bill started as a bill to prohibit parents from striking their children. It was amended to allow judges and juries to consider whether striking children, among other things, is a form of pain or suffering on a child. It never made it out of the Assembly Appropriations Committee.

AB 722 (Levine) – This bill attempted to ban the sale of incandescent light bulbs in the state. Although saving energy is a laudable goal, forcing people to change is not the right way to go. This bill was on the Assembly Floor until the Author sent it to the inactive file, where it will have to wait until 2008 to be considered again.

The trend is not limited to the legislative arena. The South Coast Air Quality Management District has just proposed a ban on wood-burning fireplaces in new homes in Los Angeles, Orange and portions of San Bernardino and Riverside counties, and bans on using them in existing homes on some winter days. The State Air Resources Board has proposed a ban on home use of automobile air-conditioning refrigerant. The question here quickly becomes: How far will legislators and regulators go in their pursuit of forcing changes in human behavior?

I do what I can to try to stop this kind of legislation or regulation from effecting people’s lifestyles. The majority party of the Legislature, however, feels that this is productive use of legislative time. Ultimately, it will be up to Governor Schwarzenegger to sign or veto some of these silly ideas.

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Lake Davis Update

Plans to eradicate predatory, non-native northern Pike from Lake Davis are advancing. Eradication is planned for between September 4 and October 31 of this year. Extensive well monitoring will be in place to watch for contamination of drinking water supplies. In addition, officials will not allow Lake Davis water to enter the water supply until stringent water quality standards are met. Anglers will be pleased to hear that  Lake Davis bag limits have been increased for trout from 5 to 10 fish per day, in anticipation of the pike eradication. Anglers should also take note of new regulations requiring any northern pike caught to be immediately killed. Efforts are being lead by the Department of Fish and Game.

Public hearings on one aspect of the pike eradication project are coming up this month. The Central Valley Regional Water Quality Control Board is considering the adoption of waste discharge requirements for Lake Davis after the treatment by the Department of Fish and Game. These hearings will be held in Portola at the Baptist Church, 171 South Gulling Street, at 6:00 p.m. on June 12 th. Another hearing will be held in the Sacramento area at the Regional Water Quality Control Board office, 11020 Sun Center Drive, Suite 200, Rancho Cordova, at 8:30 a.m. on the 21 st and 22 nd of June.

More information on this project can be found at www.dfg.ca.gov/northernpike.

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Interstate 80 - Soda Springs Project

There is good news for commuters and residents near the Soda Springs area along Interstate 80. CalTrans has announced a series of significant upgrades to I-80 near Soda Springs that will take place starting late spring and lasting into the summer months. Intended to enhance safety and provide a new, improved roadway for motorists, upgrades include:

• New bridges at Castle Peak
• New asphalt concrete pavement
• Widened eastbound shoulders
• Improved roadside drainage
• A new wetland and riparian area

Traffic delays are expected to be kept to a minimum, although all motorists are cautioned to “Slow for the Cone Zone.” The California Highway Patrol will be on scene throughout the duration of construction to monitor traffic conditions.

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Eye Care America

Senior Citizens in the First Senate District may contact EyeCare America for a complete medical eye exam and care for any disease diagnosed for up to one year at no out-of-pocket expense. The program, sponsored by the American Academy of Ophthalmology, over 600 volunteer ophthalmologists in California provide no-cost medical eye care information and services through EyeCare America. The help line operates 24 hours a day, every day, year round. To be eligible, you must be a US citizen or legal resident; be age 65 or older; and have not seen an ophthalmologist in three or more years; and not belong to an HMO or the VA. The EyeCare America Seniors Program can be reached at 1-800-222-3937.

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Quotes of the Week

“You can take all the training you want to, it is not going to make you an honest person”
-Alabama state Representative Mary Moore on state ethics classes.

“When you’ve been called Governor for five or six years, you tend to forget that the office is mostly ceremonial and advisory…if disaster strikes, you get in the helicopter, cameras come and you feel reasonably authoritative. Then the Legislature comes back into town, and it’s a different story.”
-SMU Professor Carl Jillson, on the situation in Texas.

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