Our View: Three bills governor should veto

September 10, 2013 

California Prisons

Gov. Jerry Brown discusses a proposal to reduce California's prison population, at a Capitol news conference Tuesday in Sacramento. In response to a federal court order to reduce the state's prison population, Brown announced a $315 million plan to send thousands of inmates to private prisons or to county jail cells to avoid what he and his supporters say would be a mass release of dangerous felons.

RICH PEDRONCELLI — The Associated Press

The Legislature is in its final days. Bills of dubious merit are being rewritten surreptitiously and shoved hastily through the process. Other bad bills have gone through in the normal way, in the full light of day. Some that have or will make it to the governor’s desk are so damaging to the public interest and so costly, particularly to struggling local governments, that they deserve extra attention. Three of the worst are outlined below.

• Senate Bill 7, co-authored by Sen. Anthony Cannella, R-Ceres, would deny all state construction funding to charter cities that use their own municipal funds for public works projects and, therefore, do not adhere to the state’s prevailing wage law. Under a recent court ruling, they are not required to do so. Unions sued when the city of Vista sought to build firehouses and other public projects with city funds without adhering to prevailing wage. The case went all the way to the California Supreme Court, which decided in favor of Vista. SB 7 seeks to undermine that ruling. It would punish any city that failed to pay prevailing rates, making that city ineligible for state construction funds. The city would be denied state funds even for those joint city-state projects where the prevailing wage was paid.

Because of the peculiar way California calculates prevailing wage rates, it is, in effect, the union rate. For many impoverished municipalities, particularly those in the valley, the union rate is wildly inflated, well beyond average construction pay for those communities. It makes public projects much more costly and affects cities’ abilities to fix roads and make other improvements. As well as running up the cost of public construction, SB 7 challenges the sovereignty of charter cities.

• Senate Bill 556 would require all contractors hired by a government entity to announce on their uniform or vehicle that they are not government employees. The measure has been amended and in its current form applies only to those workers providing public health or safety. Authored by the powerful state firefighters union, its real goal is to make it more difficult and costly for local governments to contract out for ambulance service.

The bill is an expensive remedy in search of a nonexistent problem. There is no evidence that the public is ill served by private ambulance companies that contract with local governments. Contracting out helps lower the cost of vital services. The bill is likely to promote confusion and will certainly add to costs.

• Assembly Bill 1373, would double the statute of limitations for death benefits for public safety officers or firefighters who die from a service-related injury or illness. Under current law, the firefighter or police officer would have to die within 240 weeks of sustaining an injury on the job for their survivors to qualify for a lump- sum death benefit payout, worth more than $300,000 in some cases. AB 1373 expands the statute of limitations to 480 weeks – more than nine years.

Gov. Jerry Brown vetoed a similar bill last year that was virtually open-ended, subjecting local governments to huge potential liability. This pared-down bill is less costly but still adds unknown and unnecessary costs to local governments that are still struggling to recover from the deep recession.

Police officers, firefighters and prison guards in California are among the most lavishly compensated public servants in the country. When they die in the line of duty, their family members are generously compensated under current law. AB 1373 goes beyond what is reasonable or fair or affordable.

All these bad bills have something in common. All were introduced by Democrats at the behest of labor unions, most of them public employee unions. The concerns of working people deserve attention. But in their zeal to do the bidding of the unions who bankroll their campaigns, too often Democrats ignore the needs of the taxpayers who pay the bills and citizens who rely on vital government services. When the public interest is ignored, government itself is undermined. When these bad bills reach his desk, Gov. Jerry Brown should veto them.

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