Institute for Legislative Analysis

Adam Gray

Beginning in 2024, this bill requires all children to attend kindergarten prior to entering first grade, which was previously optional. Oppose is the Limited Government Position as this bill removes decision making from parents, who are best equipped to make decisions regarding their child's education.

Weakening Parental Rights by Mandating Kindergarten Attendance for All Children.

This bill provides a refundable tax credit of up to $100 for dues paid to a labor union, with a total of up to $400 million in allowable credits. Oppose is the Limited Government Position as taxpayers should not be forced to pay labor union dues and further enrich union bosses. Measures such as this highlight the importance of "Right to Work" legislation, which protects the ability of individuals to work without joining a labor union.

Forcing Taxpayers to Pay $400 Million in Dues to Labor Unions for their Members.

This bill prohibits most health insurance plans, except for a specialized health care service plan contract, from requiring any cost sharing for abortion, such as a deductible, coinsurance, or copayment. The bill also applies to Medi-Cal, the state's Medicaid program. Oppose is the Limited Government Position as each and every health insurance mandate or price control on co-payments prevents an individual from selecting a plan with just basic or customized coverages to fit their specific needs. As a result, health insurers are forced to only offer costly plans loaded with coverages that most individuals do not need. This can result in lower-income or younger individuals choosing to purchase no insurance plan at all due to the high cost.

Increasing Health Insurance Premiums by Mandating Policies Provide Abortion Services Without any Co-Pay or Deductible.

This bill provides a $1,000 refundable tax credit to single-filers earning up to $40,000, and joint-filers earning up to $60,000, who do not own or purchase a car. Oppose is the Limited Government Position as lawmakers should not use the power of government to centrally plan the lives of individuals and wage war against the internal combustion engine. Furthermore, growing the size and scope of the government welfare state disincentivizes advancement and traps individuals into government dependency and poverty.

Growing Government Dependency by Providing $1,000 to Income-Eligible Individuals without Automobiles.

This bill establishes the "Birthing Justice for California Families Pilot Project", which funds community-based doula groups to provide services to individuals who are otherwise not eligible under the state's Medicaid system. Oppose is the Limited Government Position as this measure further increases government dependency under a state system that already provides benefits to a substantial portion of the population through Medi-Cal. Lawmakers should instead work to reduce barriers for charitable organizations to direct aid and assistance to those that truly need it, not expand the ineffective welfare state.

Forcing Taxpayers to Fund Additional Doula Services Through the Creation of the "Birthing Justice for California Families Pilot Project".

This bill requires county and regional transportation agencies to prioritize transportation projects based on adherence to Sustainable Communities Strategies (SCS) and the state's climate goals. Additionally, the agencies are prohibited from funding any project that is determined to be inconsistent with the most recent SCS or climate goal by the Air Resource Board. Oppose is the Limited Government Position as this bill will result in greater traffic and commute times for Californians by hindering infrastructure expansion while also unnecessarily driving up transportation project costs for taxpayers.

Harming the Transportation Sector by Basing Infrastructure Funding and Prioritization on Advancing Climate Goals.

The "Digital Financial Assets Law" creates a new licensing and regulatory framework for digital financial assets under the Department of Financial Protection and Innovation. A range of products including cryptocurrencies, virtual currencies and electronic precious metals would now be subject to state regulation. Oppose is the Limited Government Position as the federal government is already attempting to regulate these products, and there is a serious risk that regulations imposed at any level government could threaten innovation within this industry. It is critical to protect this industry from overregulation as bitcoin and other cryptocurrencies play a crucial role as a safeguard against the reckless policies of the Federal Reserve.

Threatening Innovation by Imposing a New Licensing Regime on a Range of Digital and Crypto Financial Assets.

This bill establishes the "California Coordinated Neighborhood and Community Services Grant Program" which provides state grants to certain organizations in federal "Promise Neighborhoods". Many of these groups have politically-motivated agendas, such as bill sponsor "StriveTogether" which promotes on its website how its network member led the passage of a ballot measure which hiked property taxes in Colorado to increase school funding. Oppose is the Limited Government Position as taxpayer funds should not be utilized to advance political initiatives. The private sector (through charitable endeavors) is best equipped to direct funding to the groups and initiatives which are most needed and beneficial to communities.

Expanding Cronyism and Unnecessary Spending by Providing Grants to Government-Favored Community Groups with Politically Driven Agendas.

This bill repeals the requirement that the state preserve all applications for mail ballots for 22 months following the date of federal elections, and 6 months from the date of state and local elections. Additionally, election officials are now required to also send a "second ballot" via mail to a "voter representative" upon written request by a voter. Oppose is the Limited Government Position as this bill promotes ballot harvesting as well as weakens safeguards to prevent voter fraud.   Such safeguards against fraud are critical to ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Weakening Election Integrity by Ending the Preservation of Vote by Mail Applications and Expanding Recipients of "Second" Mailed Ballots.

This bill requires a ballot drop-off location be placed on each California State University Campus in addition to the other locations required by law. Additionally, when selecting drop-off locations across the state, the bill requires election officials to prioritize community college locations. Oppose is the Limited Government Position as this bill politicizes the placement of ballot drop-off locations due to the very high levels of voting amongst college-age voters for a particular political party. While the state should eliminate all drop boxes, such placement should at least be based on population and determined in a non-politicized manner to ensure free and fair elections.

Weakening Election Integrity through the Politicized Placement of Ballot Drop Boxes Across All State University Campuses.

This bill expands the state's "Gun Violence Restraining Order" (GVRO) or "red flag" law to expand the category of persons who may petition a court to issue an order. Specifically, roommates, dating partners and those with "substantial and regular interactions" may now seek to have a firearm immediately taken away from another person through an "ex-parte" (one-sided) petition to a court if the individual alleges the person in possession of the firearm is in danger to themselves or others. Oppose is the Limited Government Position as the one-sided petition violates due process under the law (an individual can't provide their defense) and this program lacks provisions that prevent nefarious individuals from abusing the system to harass or harm law-abiding individuals, thus unduly infringing their Second Amendment protections and leaving them defenseless.

Further Expanding Firearm Seizures Without Due Process Through the "Gun Violence Restraining Order".

The "Small Business Procurement and Contract Act" establishes a 25% small business target for infrastructure contracts issued through the $14 billion the state received under the Federal Infrastructure Investment and Jobs Act. Oppose is the Limited Government Position as all government contracting and procurement decisions should be based strictly on factors relating to cost and quality. Contracting quotas and mandates such as this bill merely restrict competition and unnecessarily drive-up taxpayer costs, while also potentially reducing project quality and timeliness.

Hiking Taxpayer Costs through an Additional Small Business Procurement Mandate for Infrastructure Projects.

This bill requires consultation of the "California Healthy Places Index" when determining freeway expansion projects. According to the sponsor, the bill is designed to end "systemic racism" resulting from freeway expansion projects in low-income communities of color. Oppose is the Limited Government Position as this politicized measure will merely increase travel and commute times across the state, while further driving up taxpayer costs and delays in critical infrastructure projects.

Blocking Infrastructure and Freeway Expansions to Prevent "Racist Roadways".

This bill is largely in response to the U.S. Supreme Court decision in New York State Rifle & Pistol Association, Inc. v. Bruen, which found the use of arbitrary "may issue" standards for concealed carry licenses to be unconstitutional. Under the bill, "gun free zones" are significantly expanded - including all private businesses by default unless they post a sign saying it is permitted. Additionally, concealed carry training requirements and costs are increased, among a number of other provisions. Oppose is the Limited Government Position as James Madison and our nation's other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. This measure serves to undermine the Supreme Court's decision and limits the ability of law-abiding individuals to defend themselves from criminals.

Infringing Second Amendment Rights and Defying the Supreme Court Ruling through New "Gun Free" Zones and Concealed Carry Law Changes.

This bill further boosts payouts under the state's Paid Family Leave (PFL) program, which is funded through an additional 1.1% payroll tax on most workers. Specifically, the bill increases the wage replacement rate from 70% to 90% for workers who earn up to $57,000 a year. Oppose is the Limited Government Position as this bill will inevitably lead to a further increase in the state payroll tax due to the higher payout and greater incentive for individuals to utilize the benefit. Instead of further growing this state wealth transfer initiative, lawmakers should eliminate the program and allow individuals to choose whether or not to purchase paid leave insurance through the private marketplace.

Further Expanding Wealth Redistribution Under the State's Paid Leave Program by Hiking the Wage Replacement Rate to 90%.

The "Platform Accountability and Transparency Act" requires social media to publicly disclose how their algorithms push information. This includes statistics on items of content that violated their platform policies and were recommended or amplified through their algorithms.  According to the bill's sponsor, the measure is needed to bring transparency to medical disinformation, such as during the COVID-19 pandemic. Oppose is the Limited Government Position as this government overreach into the private sector places significant financial and regulatory costs onto the tech industry, which is ultimately passed down to consumers.  Except in cases of fraud or criminal activity, industries are best governed through free market principles whereby consumers hold private companies accountable.

Expanding the Regulatory State by Placing Costly New Reporting Mandates on Social Media Companies Concerning Content Policy Violations

This bill requires the California Health and Human Services Agency to establish a website providing various abortion related information.  Such information includes the locations of abortion providers, available practical support services like airfare, lodging, meals, etc., and payment support resources. Oppose is the Limited Government Position as it is not the role of government to promote abortion and force payment from taxpayers to advance abortion (many of whom may have strong religious objections). All abortions are tragedies and every child deserves the right to life.

Promoting Abortion through the Creation of a State Website to Provide Information on Abortion Providers and How to Obtain Support Services Such as Airfare, Meals and Lodging.

This bill prohibits construction of any new oil or gas wells within 3,200 feet of a "sensitive receptor" which includes everything from homes, schools, hospitals, and businesses. Additionally, the bill requires existing wells in those areas to comply with additional light, sound and environmental regulations. Oppose is the Limited Government Position as this bill will significantly reduce oil and gas extraction in the state, ultimately harming American energy production and the U.S. economy.

Limiting American Energy Production Through New Draconian Restrictions on Oil and Gas Well Placement.

This bill expands Family PACT (government-provided healthcare) to include prevention and treatment of sexually transmitted diseases for individuals who already may be insured and are not at risk of experiencing or causing an unintended pregnancy. The bill is primarily directed at LGBTQ individuals who may have confidentiality concerns using their insurance for treatment. Oppose is the Limited Government Position as this bill further grows government-provided healthcare and dependency while also estimated to place tens of millions of dollars of additional costs onto taxpayers.

Increasing Government Dependency by Providing STD Treatment to all LGBTQ Individuals at the Expense of Taxpayers.

The "California Climate Crisis Act" legally binds the state to its goal of "net-zero" carbon by 2045, and maintain and achieve negative greenhouse gas emissions in the years following. Oppose is the Limited Government Position as this bill further cements the state to its disastrous environmental agenda, which will stifle economic growth and lead to sky-rocketing prices for businesses and consumers.

Stifling Economic Growth by Codifying the State's Disastrous 2045 "Net-Zero" Carbon Goal.

This bill prohibits any person or business from charging a different price for two "substantially similar" items based on the gender of the individuals for whom the items are marketed and intended. Oppose is the Limited Government Position as free market competition - not a government price control - is the best mechanism to ensure consumers receive the highest quality goods at the lowest prices. This measure merely serves as a new tool to enrich greedy plaintiffs' attorneys through the advancement of frivolous litigation surrounding the so-called "pink tax".

Imposing Government Price Controls on Consumer Products to Prohibit the So-called "Pink Tax".

This bill prohibits any warehouse or logistic building greater than 100,000 square feet from being constructed within 1,000 feet of a "sensitive receptor". The bill defines a sensitive receptor as any home, apartment, school, church, hospital, daycare, community center or public playground. Oppose is the Limited Government Position as not only does this bill infringe property and development rights, but it also hikes consumer costs by preventing distribution facilities, such as Amazon, from being centrally located in the communities they serve. This resulting urban sprawl leads to longer delivery times and an unnecessary negative environmental impact.

Hindering Economic Growth and Infringing Property Rights through Restrictions on New Logistic Center and Warehouse Construction.

This bill, modeled after the Texas law allowing anyone to file lawsuits alleging violations of abortion laws, allows anyone to sue another individual who constructs, transports or offers for sale a firearm banned by the state, such as an "assault weapon" or unserialized firearm. Like the Texas law, the bill offers bounties of at least $10,000 for prevailing claimants. fi. The bill even includes language that the provisions will become inoperative if the Texas statute is struck down by the Texas Supreme Court or U.S. Supreme Court. Oppose is the Limited Government Position as James Madison and our nation's other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. Lawmakers should not infringe the Second Amendment rights of their own state residents to politicize the actions taken by other states.

Attacking Firearm Owners and Second Amendment Rights by Allowing Anyone to Sue Another Individual Who Constructs, Transports or Sells a Firearm Banned by the State.

This bill authorizes the State Air Resources Board every three years to review and increase the stringency of the state's cap-and-trade program for greenhouse gases. Oppose is the Limited Government Position as the state's cap-and-trade program already places enormous unnecessary costs on businesses. This measure will further worsen the situation by allowing unaccountable government employees within ARB to inflict even greater harm to the state's business climate.

Threatening Businesses with Higher Costs by Increasing the Stringency of the State's Cap-and-Trade Program.

This bill declares that physicians and surgeons commit "unprofessional conduct" if they "disseminate misinformation" related to COVID-19, including false or misleading information regarding the nature and risks of the virus, its prevention and treatment; and the development, safety, and effectiveness of COVID-19 vaccines". Oppose is the Limited Government Position as this politicized measure promotes government censorship and prevents physicians from best serving their patients - which is especially problematic considering the everchanging guidelines and determinations being made by the government concerning COVID-19.

Allowing the State Medical Board to Punish Doctors for Spreading Alleged "Misinformation" about COVID-19.

The "California Antihunger Response Act of 2022" creates a new state program in which able-bodied adults without dependents (ABAWD) are provided food stamp benefits despite not complying with the work requirements of CalFresh which are set by the federal government. The cost to create the new system (not accounting for benefit payouts) is estimated to cost $100 million. Oppose is the Limited Government Position as this bill is intended to circumvent the federal work requirements implemented in the mid-1990s to help encourage able-bodied individuals to find employment and regain self-reliance. This bill places an unnecessary cost onto taxpayers while discouraging work-ready adults to become self-sufficient.

Spending $100 Million to Bypass a Critical Federal Welfare Integrity Measure and Provide Food Stamps to Work-Ready Adults who Refuse to Comply with Work Requirements.

This bill requires the California Air Resource Board (CARB) to adopt much more stringent reductions in Greenhouse Gas (GHG) emissions. Under the bill, the state's GHG emissions must be reduced at least 55% (previously 40%) below 1990 levels by 2030. Oppose is the Limited Government Position as this stringent mandate will have dire consequences on economic and business growth, which will ultimately be felt by consumers nationwide through higher product prices.

Placing Enormous New Costs on Businesses and Consumers by Mandating a 55% (Previously 40%) Reduction in Greenhouse Gas Emissions by 2030.

This bill establishes the California Reproductive Health Equity Program, which provides no cost or reduced cost abortion services to women earning up to 400% of the federal poverty level. Additionally, the bill requires health insurers which provide plans without abortion coverage to religious employers, to provide written notice to those enrollees that they may be eligible for no cost abortions through the state program. Oppose is the Limited Government Position as regardless of ones view on abortion, it is not the role of government to provide such coverage and force the costs onto taxpayers, many of whom have deep religious objections to the practice.

Providing "Free" Abortions to Women Earning up to 400% of the Federal Poverty Level.

This bill imposes a series of new restrictions on the governing practices of Home Owners Associations (HOAs) and other planned communities.  For example, the bill places new regulations on HOAs concerning the ability of owners to rent their units as well as how issues are discussed on social media platforms. Oppose is the Limited Government Position as it is not the role of government to dictate the private contractual agreements and operations of HOAs. HOAs serve as free-market alternatives to government zoning and land use standards, as individuals can choose the restrictiveness of the community they wish to join or select to live on property outside the governance of an HOA.

Infringing Private Contracting Rights through Government Overreach into the Governance Practices of Private Condominium Associations

This bill bans the use of carbon dioxide fluid (collected through carbon capture technologies) from being utilized in oil extraction. This fluid serves as a helpful solvent in promoting oil flow. Oppose is the Limited Government Position as this bill serves as yet another unnecessary barrier towards American energy production, ultimately harming the entire U.S. economy through higher energy costs.

Hindering Energy Production through a Prohibition on "Concentrated Carbon Dioxide Fluid" for Oil Extraction.

This bill expands the application of the state's prevailing wage mandate to include hauling of materials to and from a publicly-funded construction site, such as paving, grading and fill. The prevailing wage originates from the Davis-Bacon Act a depression-era policy that forces government contractors to pay their employees above-market wages when working public works projects. Oppose is the Limited Government Position as prevailing wage mandates needlessly drive-up taxpayer costs by imposing significant additional costs onto government contractors.

Hiking Taxpayer Costs by Expanding Prevailing Wage Mandates to Include the Hauling of Construction Materials To and From Job Sites.

This bill prohibits online retailers from utilizing single-use plastic envelopes, cushioning, bubble wrap, or polystyrene to ship products to consumers. Oppose is the Limited Government Position as not only will this bill significantly drive up consumer product costs but also increase the likelihood of damage during the shipping process. imposes additional government restrictions on businesses and drives up prices in favor of an environmental agenda.

Increasing Consumer Costs and Shipping Damage by Banning Online Retailers from Utilizing Single-Use Plastic Envelopes, Bubble Wrap and Styrofoam.

The "Buy American Food Act" places more stringent domestic procurement requirements on California public schools and universities concerning their agricultural food purchases. Previous law required institutions to procure only domestically grown and processed foods unless the cost was greater than 5% of the non-domestic alternative. This bill now requires the non-domestic alternative to be at least 25% more costly, which is estimated to cost taxpayers an additional $1.9 billion. Oppose is the Limited Government Position as this bill is largely designed to enrich California agricultural producers and labor unions, while unnecessarily punishing taxpayers who will be forced to bear the higher costs. The bill also directly violates the limited government principles of free trade and markets.

Increasing Taxpayer Costs by Worsening Protectionist Agricultural Procurement Mandates Placed on Schools and Universities.

The "Contraceptive Equity Act of 2022" requires all health insurance policies offered in the state to provide coverage for vasectomies and over-the-counter contraceptive drugs, devices and products. All of these services and products must be provided without any deductible or cost-sharing requirement. Additionally, the bill adds "reproductive healthcare decisions" to the California Fair Employment and Housing Act, thus prohibiting employers from taking any discriminatory actions. Oppose is the Limited Government Position as each and every health insurance mandate or price control on co-payments prevents an individual from selecting a plan with just basic or customized coverages to fit their specific needs. As a result, health insurers are forced to only offer costly plans loaded with coverages that most individuals do not need. This can result in lower-income or younger individuals choosing to purchase no insurance plan at all due to the high cost.

Increasing Health Insurance Premiums by Mandating All Policies Cover Vasectomies and Contraceptives at No Cost.

This bill allows the Franchise Tax Board to revoke the tax-exempt status of an organization if the California Attorney General determines the organization has "actively engaged in, or incited" an offense such as treason, insurrection, seditious conspiracy, or government overthrow. The sponsor of the bill stated the measure is necessary since many non-profits supported the "insurrection" by "pro-Trump extremists" by perpetuating a "false narrative that the Democrats stole the 2020 election". Oppose is the Limited Government Position as this bill directly violates due process rights under the law. While any group found to commit a criminal act should be held accountable under the law, this measure instead serves as a weapon for politicians to unjustly target their political opponents and organizations.

Providing the AG Overreaching New Powers to Revoke the Tax-Exempt Statuses of Non-Profit Organizations without Due Process if they Allegedly Incite "Insurrection".

This bill further expands the state's expungement policy (previously limited to just misdemeanors and low-level felonies) to now include nearly any previous criminal offense after six years have passed.  Oppose is the Limited Government Position as while expunging low-level and non-violent criminal records can help reduce potential employment barriers, this expansive measure which expunges serious violent crimes threatens public safety.

Threatening Public Safety by Expunging Felony and Violent Criminal Records.

The "Middle Class Housing Act of 2022" allows residential housing development on property zoned for commercial use if a project meets certain conditions, including meeting prevailing wage and "skilled and trained workforce" requirements. The bill is intended to override some local zoning regulations which forbid developers from constructing such mixed-use development. Support is the Limited Government Position as while the bill does contain a couple negative provisions that cave to union labor demands, the bill serves as a step in the right direction by combatting overreaching local zoning regulations, thus strengthening property rights.

Strengthening Property Rights by Permitting Residential Housing Development on Commercially Zoned Property Under Certain Conditions.

Beginning in 2027, this bill authorizes "human composting," an alternative to burial or cremation in which human remains naturally decompose over a 30-45 day period and are turned into a soil. The human composted soil can then be kept by the deceased's family or donated to conservation land. Support is the Limited Government Position as while entities fearing competition such as Catholic cemeteries heavily lobbied against this bill, individuals should be free to determine the final disposition of their remains.

Strengthening Individual Liberties by Permitting "Human Composting" as an Alternative to Burial and Cremation

This bill requires all health insurance policies, including Medicaid, offered in the state to provide coverage for biomarker testing to diagnose, treat, manage, or monitor a person's disease or condition "if the test is supported by medical and scientific evidence." Oppose is the Limited Government Position as each and every health insurance mandate or price control on co-payments prevents an individual from selecting a plan with just basic or customized coverages to fit their specific needs. As a result, health insurers are forced to only offer costly plans loaded with coverages that most individuals do not need. This can result in lower-income or younger individuals choosing to purchase no insurance plan at all due to the high cost.

Increasing Health Insurance Premiums by Mandating All Policies Provide Coverage for Biomarker Testing

This bill makes it much easier for union leaders to unionize agricultural workers across the state's 30,000 farms. Specifically, the bill authorizes usage of a "card check" system which allows leaders to publicly pressure workers into unionizing, as opposed to the existing "secret ballot voting" system.  Oppose is the Limited Government Position as this measure will subject agricultural workers to significant new levels of intimidation and harassment to unionize by labor leaders. Measures such as this highlight the importance of "Right to Work" legislation, which protects the ability of individuals to work without joining a labor union.

Hiking Consumer Costs and Empowering Union Leaders by Unionizing the Agricultural Industry through a Card-Check System.

This bill requires local agencies which permit groundwater wells to obtain written verification stating a proposed well will not "undermine sustainable groundwater management or cause well interference". This additional statewide mandate is expected to significantly raise costs for well applicants and potentially limit the ability of some landowners to utilize the groundwater beneath their property. Oppose is the Limited Government Position as well drilling is already regulated at the local level and this additional state-wide regulatory barrier places significant costs onto businesses and may provide favor to certain landowners while infringing the property rights of others.

Adam Gray

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