Dan Walters' Capitol Q&A

Question: What's wrong with this?

1. No individual may contribute to a political campaign for public office unless eligible to vote for that candidate.

2. Political parties, companies, labor unions, political action committees and groups cannot contribute to election campaign.

3. No individual can contribute to campaign(s) in any one year, an amount exceeding reported federal tax AGI for the previous tax year. (includes candidates).

4. Political parties, companies, labor unions, political action committees may provide any support to educate and inform their employees, membership and public on issues. All communications must identify the sponsor and not mention candidate(s) position.
-- John Daniels, Lakeport

Answer: Setting aside its probable unconstitutionality on free speech grounds, it probably would drive political influence-peddling further underground, as have all other so-called "political reforms" at state and federal levels.
-- Dan Walters

Question: Do you see California reducing overall taxation or will more state socialism just result in higher and higher taxation? The Legislature is comprised of mostly liberal Demos that vote for more expanded programs resulting in more taxation, yet on the national level Demos support "Pay as You Go." Reduced federal taxation has led to economic growth in the last six years. Why not in California? SV Tech is seeing businesses expand elsewhere because the state burden. Local employment is flat for five years. Sacramento now relies on high income tech people, yet they do nothing to promote business growth.
-- Phil Russell, Saratoga

Answer: No state tax cuts are likely given state budget situation. Taxes may be raised to finance health care plan.
--Dan Walters

Question: Prop. 140 limits constitutional offices to two terms, or eight years. Schwarzenneger cannot run for governor again because he served a portion of Gray Davis' term. How many days constitutes a "term" under Prop. 140?
-- Fred Smoller, Orange

Answer: Half or more of one term is considered a full term for term limit purposes.
--Dan Walters

Question: Who decides whether something is a "tax" or a "fee," and when during or after legislation is taken up is such a decision made? Could we be faced with a situation in which a health care bill passes by less than a two-thirds majority, but it's challenged in court as against the two-thirds tax rule by someone subject to an increased fee? Would the AG issue an advisory opinion before this stage?
-- J. Morgan Kousser, Altadena

Answer: The Legislature's counsel makes initial determination on a bill's vote requirement - effectively deciding whether it's a tax or fee in this case - and if the bill passes and someone disagrees with that determination, it goes to court. As I understand it, AG would defend legislation in court, unless he disagrees with Legislature's position. Outside counsel then would be hired. So the scenario you mention is certainly possible.
--Dan Walters

Question: Would an ethanol waiver on CA gas reduce oil use?
-- Charlie Peters, San Francisco

Answer: Presumably it would.
--Dan Walters

Question: With the governor's recent budget announcement, do you think the Indian Compact will be renegotiated, which is badly needed to be fair to all it affects or has our governor sold us out for the funds he anticipates from it which he obviously has planned for spending?
-- Roberta Hill, Palm Springs

Answer: At the moment the governor's intention is to resubmit them for approval, not renegotiate.
--Dan Walters

Question: Do you expect a repeat of the Physician Assisted Suicide bill that was introduced and defeated last year?
-- Patricia E. Montemayor, Carmichael

Answer: Yes.
-- Dan Walters

Question: It appears to me that Gov. Schwarzenegger's biggest problem will be with his fellow Republicans, rather than the Democrats. It used to be that Republicans as a group were much closer the Governor's to vision of the way California ought to be than they are now. When Ronald Reagan, when he became Governor, oversaw large tax increases, with barely a wimper from Republican lawmakers, who were a much larger minority than they are now. Now all we hear from them is about taxes; well, taxes buy civilization and good governance. How do we get them to act responsible again?
-- Arthur Silen, Davis

Answer: Legislators of both parties have tended to move to their ideological extremes, largely due to the effects of gerrymandered legislative districts, coupled with term limits. Effectively, the Legislature embodies the half of California voters who are either liberals or conservatives but ignores the other half who are self-proclaimed moderates. Thus a centrist like Schwarzenegger finds himself battling with those to the right and left. If we want more moderates from both parties in the Legislature, reforming redistricting is the vital first step.
--Dan Walters

Question: Do you think 2007 will bring any fairness to the California Injurered Workers'?
-- Dorothy Heckman, Calabasas

Answer: If by that you mean will the worker's compensation overhaul pushed by Gov. Arnold Schwarzenegger and approved by the Legislature in 2004 be altered, as unions and lawyers for injured workers are demanding, the answer is maybe. There won't be any legislative changes, but it's possible that the administration may modify some of its implementing regulations on eligibility for benefits after completing a pending study.
--Dan Walters

Question: A recent Bee article noted that about 25 percent of the welfare recipients in the U.S. reside in California. Since California represents significantly less than 25 percent of the total U.S. population, to what do you attribute this abnormally high percentage?
-- Robert Pierce, Oroville

Answer: We do have less than 25 percent of the population - somewhere between 18 and 19 percent, in fact - but we do account for around 25 percent of national population growth and have a rising level of poverty (about 14 percent currently). The biggest factor, however, appears to be that California is more generous with its benefits and less strict about pushing recipients off the rolls than other states, which is why federal government may levy penalties on the state for noncompliance with federal welfare rules. And it's why Gov. Arnold Schwarzenegger is proposing to tighten up welfare eligibility and freeze welfare grants.
--Dan Walters

Question: The electrolysis necessary for the much touted "hydrogen based economy" cannot realistically be achieved without nuclear energy. And much of California's energy is now being supplied by coal burning facilities in other western states. Is it possible to get an initiative on the ballot to let the voters decide whether or not California should build additional nuclear energy facilities?
-- Stephen Carysfort, Santa Monica

Answer: Not at all likely to happen because of fierce popular opposition to nuclear power.
--Dan Walters

Question: How would you rate the current group of office holders against those of say, 20 years ago? Are we electing better people, worse people or more of the same. Did term limits really make a difference?
-- Thomas Walker, Carmel

Answer: I would say that the overall quality is about the same -- some better, some worse. And term limits have been a mixed bag, improving the situation in some respects but making it worse in others. The problems of governance are more fundamental than term limits could solve.
-- Dan Walters

Question: Would employers of migrant workers support a program in which they would identify employees and invite federal inspection to determine their legal status with the provision that they would be required to pay a small fine for each illegal worker, keep that employee on the payroll, and participate in a program to give that worker a green card? The illegal worker should be required to apply for citizenship and that family should not be entitled to benefits awarded to citizens until citizenship has been obtained.
-- Margaret E. Baell, Citrus Heights

Answer: More than likely, employers would accept such a plan although the devil, as always, is in the details.
--Dan Walters

Question: Anything in the works on redistricting reform? If so, when can we expect some news?
-- Philippe, Sacramento

Answer: The governor will propose it, but whether anything happens is problematic.
--Dan Walters