Well, that was a short-lived Celebration

Capitol Alert is pretty cool now that it’s not behind a paywall. And today they delivered a little email telling me, right away, that the health care plan should now be referred to in the past tense.  From Senator Perata:

“I think it’s DOA. I haven’t found anybody yet that I have talked to that can make any sense out of it. It sounds ridiculous to say that we’re going to have health care for everybody in four years, but in the meantime most people won’t have health care because we have to cut the budget,” Perata told KPIX.(CapAlert 12.18.07)

You can even watch the video here (comments around the 3 min mark.) So, well it looks like this plan will be another casualty of the growing budget deficit.  Now, let’s see, how did we get into this mess. Ah, yes, the governator “Terminated” the “Car Tax” to show he was no “Girlie Man” on Taxes.  Well, now that he’s boxed himself into a corner over his tax populism, where does he go now.  How does he impliment his agenda without spending money?

So, what’s next?

A Question About the California Democratic Primary

I know the California Republican primary is allocating delegates based on who wins each Congressional District (and will be interested to see the impact of the regionalism implicit in that plan on the Republican primary), but I am less clear on whether the California Democrats will be using the same system.

I was under the impression that we were still using the proportional allocation system, with a 15% threshold, but now am not sure if the bill that moved things up to Feb. 5th didn’t also alter the delegate allocation system as well.

This Sac Bee article from a while back states that the Dems already do it by both statewide and district vote:

Since 1972, the state Democratic Party has assigned a majority share of its presidential delegation on the percentage of votes candidates receive statewide and by congressional district. Leading Democratic candidates earn between three to seven delegates per district, depending on voting results.

Anyone got any information on this?  

The Unmentionable Part Of Health Care Reform

I thought this was the key moment in the Appropriations Committee debate over ABx1 1, which passed the Assembly yesterday.

Republican Assemblywoman Mimi Walters asked Nunez and the Department of Finance whether they were certain financial projections would come through. AB x1 1 relies on $4.5 billion in federal dollars in addition to other revenue sources. Department of Finance staffer Tom Sheehy said one provision in ABx1 1 would not be implemented unless the Director of Finance declared that money to pay for the program was in hand and in state coffers.

Assemblyman Mark Leno, Democrat chairman of the Appropriations committee, followed up with questions about whether the program could be turned off if money did not come in as expected. Nunez’ staff responded that ballot initiative would contain provisions to assure that insufficient funds would trigger a series of events to pull back the program, including the individual mandate and the market reforms. It would first allow the governor and legislature to fix any fiscal imbalances. If lawmakers and the governor did not act, then the pieces of the legislation would be repealed, including the public program expansions and tax credits, returning the state to the status quo.

This is the key because this is what has happened to every single state that has tried to implement anything approaching universal health care.  They pass the bills with a lot of fanfare but are either unable to control costs or keep up with population or their numbers on revenue fall short (nobody EXPECTED the $14 billion dollar budget deficit this year, to use a parallel example), and the program has to be scaled back and eventually scrapped.  And there’s no massive celebration or gathering on that day, where everyone gets in a room and congratulates each other.  But that’s what’s happened very single time.

The bill has some advances on the health reform front, and is not an ignoble effort.  But nobody seems to want to deal with these historical facts.  “This is better than nothing” doesn’t mean anything when 5-7 years down the road, you’re ACTUALLY left with nothing.  And I think walling off the funding and claiming that it’s revenue neutral makes it more likely that road will be travelled again.  The state budget should reflect priorities.  We all want every Californian to have access to health care.  Paying for it with part gimmick taxes, part wishes and hopes of federal support, et cetera, shows that you really don’t value it all that much.  And admitting that the program will fall apart unless people continue smoking a lot of cigarettes… well, you see where I’m headed.

UPDATE: Ezra Klein, the sharpest commentator on health care in the progressive blogosphere, on the plan:

It is, in short, a pretty good plan — better, in certain ways, than those offered by the national Democrats — and it’s got the support of folks ranging from the Democratic legislature to Arnold Schwarzenegger to Andy Stern. I’m not super confident in its long-term prospects, as various groups are going to spend hundreds of millions to defeat the ballot initiative containing its financing package, and even if the plan survives that, I still don’t believe states have the fiscal strength to sustain universal health care in times of recession. But I’d like to see it pass, if only for the momentum it would give the national conversation over health reform.

Klein doesn’t get back to his native California much, so I can forgive him for later plaudits in the post about Schwarzenegger.  But I definitely associate with the remarks I’ve bolded.

UPDATE II: Shorter Sen. Perata: Fuhgettaboutit.

“I think it’s DOA. I haven’t found anybody yet that I have talked to that can make any sense out of it. It sounds ridiculous to say that we’re going to have health care for everybody in four years, but in the meantime most people won’t have health care because we have to cut the budget,” Perata told KPIX.

On Monday, the Senate leader sent a letter to the nonpartisan legislative analyst asking what the fiscal impact of the health plan would be on California’s budget deficit.

“You couldn’t balance your home checkbook that way, much less run the fifth or sixth largest economy in the world,” Perata continued in the interview.

Then he ended with this: “He simply does not understand the way in which this works,” though it’s not clear from the clip who the Oakland Democrat is referring to.

Guess what? It’s Tuesday December 18, 2007!

You know the Drill, I find interesting stuff and cram them together:

  • Well, the Healthcare Plan has passed the Assembly. It's unclear when it will be taken up in the Senate, but the Speaker and the Gang would still need to gather signatures to get this thing on the ballot. For more on that, see John Myers well-titled post “Trying to Reason with Signature Gatherin' Season.” The clock is a-ticking on that. But apparently, the GOP is not impressed with GOP Fresno Mayor Alan Autry for playing nice with the Governor. It still is kind of funny to me that Arnold is now radioactive to the GOP base, too bad he's still implimenting a far-right agenda.
  • Speaking of that far-right agenda, there's his horrible Worker's Compensation plan that he foisted upon the Legislature at the threat of a ballot initiative.  Turns out that it not only shafts workers, but it also does so in a discriminatory way. Yay! From the good folks at DenialOfCare.org, we learn that if you are a women with low bone density, well, it's your own damn fault! In one case, a teacher broke her back when she was pulled down by an out-of-control student. When the teacher filed for worker's compensation, her claim was deducted b/c she was “vulnerable.” The bone density condition did not hamper her job performance, but apparently it was enough to reduce her permanent disability settlement by about a half. Before the “deforms” (SB 899) and under most areas of tort law, damages can not be reduced b/c the injured party was vulnerable.  Well, apparently a thousand years of common law didn't work so well for Arnold and the Insurers (that would be a great band name). So, lesson for all you workers: don't get old.  Or be a woman. Or be a minority. That press release is here.
  • Mike Gipson, the losing candidate in last week's special election for the Assembly, apparently decided that it would be a good idea to raffle off Target gift cards to voters who brought in their stub. Reminds me of chicken dinners in the East Bay.

    BTW, check out that link, you'll learn a bit about Frank Russo's time as a progressive champion in an election in the East Bay. IMHO, dude should have won. It's another reason why our special election system should be the top two vote getters going to the runoff, not necessarily representatives of each party. Frank Russo could have held the seat, and would have been a real fighter for progressivie change in the Assembly. Instead, Audie Bock (a Green, I believe) won the special and then lost the next regular election to Wilma Chan.  BTW, Audie Bock then went on to mount a primary challenge to Barbara Lee, from the RIGHT, saying Rep. Lee's vote against the War in Afghanistan was anti-patriotic.

  • More voting woes, this time in the Central Valley. San Joaquin County wil be going back to paper ballots for the most part, beginning in the February. THe funny part is the vendor that they are buying the paper ballot machines from. ANy guesses? Well, if you guessed a subsidiary of Diebold, you're right! I guess they win either way.
  • A bunch of legislators rejected the pay hikes that were granted for next year. Make of that what you will…

SB 899 press release

Governor’s Workers’ Comp Law Discriminates

Against Seniors, Women, Disabled

SB 899 “Apportionment” penalizes people over 50, women;

Millions of dollars withheld each year

SACRAMENTO – The Third District Court of Appeal today heard another legal challenge to Governor Schwarzenegger’s workers compensation law. The California Applicants’ Attorneys Association (CAAA) says the law discriminates against women and elderly workers by reducing the compensation they would otherwise receive for a disability caused by a work injury simply because of their age, gender or other “risk factors.”

CAAA, whose members represent injured workers, today called for the courts and the Legislature to stop age, gender, and ethnicity discrimination that reduces compensation to disabled workers by millions of dollars each year. “The governor’s law allows insurance companies to discriminate against Californians over 40, women and ethnic minorities,” said Sue Borg, president of CAAA. “Insurers and their doctors say women, minorities or older workers are more likely to develop certain conditions. Then, without any evidence these factors contributed to the work injury or were even known or symptomatic prior to the work injury, they reduce the disability award for these people. Under this new law an older worker who does the same work as younger colleagues can receive less compensation for the same work-caused disability, and a woman doing the same work as her male co-workers can similarly receive less compensation for the same work-caused disability.”

Dianne Fitzpatrick, 64 years old, injured her back working as a schoolteacher, when a disruptive student pulled her to the ground. After the injury, medical exams revealed that Ms. Fitzpatrick had low bone density (osteopenia), a condition common among middle-aged women. Women are far more likely to develop osteopenia and osteoporosis than men. More than half of Americans over 50 years of age either have weakened bones, or bones that are beginning this deterioration. But for most of these individuals, this condition has no impact on their ability to do their job, and in fact many will live their entire lives without knowing anything about their own osteopenia or seeing any symptoms.

“California has long prohibited reduction of workers’ compensation awards based on an employee’s vulnerability to disease or injury. The discrimination against Ms. Fitzpatrick, based upon her age and her osteopenia, violates one of the fundamental public policies of our state and nation,” said Borg.

Ms. Fitzpatrick was partially permanently disabled by her work injury, and would have been awarded permanent disability compensation of approximately $163,582. However, her compensation for a lifetime disability caused by her work injury was reduced by more than half due to “the aging process” and underlying osteopenia. “It is unacceptable that those who have worked hard to build California are having their compensation taken away simply on the basis of age or gender,” said Borg.

Apportionment is a mechanism to assure that employers are not held responsible for a “pre-existing” disability if one of their employees is injured on the job. Some types of apportionment are not discriminatory. For example, any prior compensation received can be deducted from a subsequent award should the worker suffer a further disability to the same body part. But “SB 899 promotes de facto discrimination on the basis of age, gender and other conditions,” said Borg. “Ms. Fitzpatrick’s case is just one of thousands penalizing the elderly, women and racial minorities in California’s workforce. As we age, everyone will develop degenerative conditions that have no symptoms, or symptoms that don’t affect our ability to do our jobs. Until SB 899, employers could not penalize a worker for a pre-existing condition if it did not impair their ability to do their job. Now, insurance companies aggressively seek any signs of aging and automatically reduce a worker’s compensation solely on that basis. Apportionment under SB 899 discriminates against older workers by using a natural part of the aging process to limit the award of compensation.”

California Government Code section 11355 provides in pertinent part:

(a)    “No person…shall, on the basis of race,…sex,…color, or disability,…be unlawfully subjected to discrimination under any program or activity that I conducted, operated or administered by the state…”.

http://www.DenialofCare.org/

Netroots Catch Dirty Tricksters: Debra Bowen Investigates

(Disclosure: I work for the Courage Campaign)

The Daily Kos community has done it again.

Just before Thanksgiving, UCSB graduate student Steven Attewell wrote on Calitics, raising alarm bells about disturbing signature-gathering tactics being used by “California Counts” — the right-wing organization behind the so-called “Electoral College Reform Initiative” that would help the Republicans steal the White House in 2008 by changing how California allocates its electoral votes.

As you may know, this dirty trick initiative is on life support, as California Counts struggles to get it on the November ballot, after failing to make the June ballot.  And Kossacks, if today’s great news from Secretary of State Debra Bowen pans out, may be part of the vast left-wing conspiracy that ultimately kills it.

As Steven discovered, the sneaky signature gatherers working for “California Counts” and Arno Consulting are luring people in to sign using a “children with cancer” bait-and-switch tactic. After getting in touch with Steven, I headed out on campus armed with a camera.  I confirmed and documented what Attewell first noticed: that the dirty tricksters had obscured the petitions that students were signing. And I got it on video.

Today, I received a letter from Secretary Bowen’s office.

Bowen’s letter and Courage Campaign videos are on the flip.

Here is Secretary Bowen’s letter:

Dear Mr. Love:

We have reviewed the video file you shot showing circulators on the UC Santa Barbara campus.

We will be opening a case for investigation for possible violation of Elections Code 18600 (misrepresentation) and Elections Code 18602 (obscuring the summary of a measure).

Thank you for bringing this matter to our attention.

Sincerely,

Election Fraud Investigation Unit

Secretary of State

And here is the original video that prompted the investigation:

After contacting Secretary Bowen’s office and providing them with our video, the Courage Campaign also made the video available to the media.  We wanted to make sure that as many Californians as possible were aware of the despicable tactics used by the California Counts in their desperate attempt to get enough signatures to qualify their “Electoral College Reform” initiative for the ballot.

The CBS Evening News then interviewed Rick Jacobs, Chair of the Courage Campaign, and used a few clips from my video to illustrate how these dirty tricksters were using “curing children’s cancer” as the bait to increase signatures on the petition designed to help the Republicans steal the White House in 2008.

Now, after seeing the video, Secretary Bowen’s office is planning to open a formal investigation into the apparently illegal tactics used by California Counts. Thanks to the hard work of the grassroots and netroots — and especially Steven — even if the dirty trick initiative qualifies for the November 2008 ballot, the dirty tricksters may face jail time and or fines for breaking the law.

SF: Carmen Chu and Gavin Newsom Square Off

It looks like hack-turned-supervisor Carmen Chu has decided she wants to try and keep her seat in the next election. She has decided to deal with the homeless issue in her district and blames the sweeps at Golden Gate Park, according to the San Francisco Examiner.

In her most aggressive political move since being appointed in September, interim Supervisor Carmen Chu publicly demanded that several city departments come up with a specific plan to address her west side district’s homeless problem.

The District 4 supervisor is holding a community meeting Monday to address increasing complaints from her constituents that The City’s recent efforts to clear Golden Gate Park of homeless people has increased their numbers in the adjacent Sunset neighborhood.

Last week, Chu requested city departments, including the police and the Human Services Agency, to come up with a Sunset-specific plan to combat the homeless problem in time for the meeting.

But her patron, Gavin Newsom, is not buying it.

Newsom responded to Chu’s concerns last week, saying, “There was a homeless problem in the Sunset before we stepped up enforcement in the park,” and adding that it was “naïve” to think that increased efforts in the park would not prompt some homeless to move to other locations.

It’s a small disagreement and I cannot speak to the validity of either side, but it looks like she’s been cut loose from the Mayor’s office. It also looks like she’ll do what it takes to hold the seat. She better be ready, because there are plenty of sharks that swim around in District 4.

SF: Leal Struck By Car Outside City Hall

I’m sorry, but this just too creepy to call a coincidence. First, Susan Leal is asked to leave by Gavin Newsom, and today she is struck by a car today just outside City Hall.

Susan Leal, general manager of the San Francisco Public Utilities Commission, was struck by a car in front of City Hall just before noon today and was taken to San Francisco General Hospital, according to the spokesman for the commission.

Leal was in the crosswalk between City Hall and Civic Center Plaza when she was hit from behind and then flew about 30 feet, said Tony Winnicker, commission spokesman. She is conscious and alert and has no evident broken bones, said Winnicker, who was with Leal at the hospital.

“She’s doesn’t remember a lot,” he said. “She’s pretty shaken up.”

Leal was undergoing tests to check for any head or internal injuries, according to Winnicker.

The driver of the car that struck Leal stopped at the scene, he said.

At the time, Leal, a former supervisor and city treasurer, had just left City Hall, where she has been under pressure from Mayor Gavin Newsom to resign as head of the city’s public utilities agency. Newsom appointed Leal to the post in 2004.

Fog City Journal reports that the driver was not impaired.

The driver has not yet been cited and police do not believe the driver was under the influence of alcohol or drugs, he said.

Perhaps someone in Room 200 doesn’t want to let go of that $500,000. No matter what, everyone around Gavin Newsom winds up getting hurt one way or the other.

FISA: We Win A Round

Dodd was just on C-SPAN saying that the Senate is moving on to other issues beyond the FISA bill.  He just yielded the floor.  He said he was prepared to spend his full 30 hours speaking on the bill but “that will no longer be necessary.”  Sen. Reid just pulled the bill until January.

Reid was taking a lot of heat for this, and in the end perhaps felt that he couldn’t hold out any longer.  I’m guessing that he’ll push for allowing the full Senate to view those legal opinions on warrantless wiretapping as a condition for moving forward on the bill.

This is one of the first good days in a long time, but keep in mind that Reid may have simply reasoned that he wouldn’t have had time to finish all the other crap legislation he has coming down the pike, including giving a no-strings $70 billion in war funding to Bush.  Keep in mind that there are some good shifting of budget priorities in that omnibus bill, including slashing abstinence-only education funding, raising the Consumer Product Safety Commission budget by 28%, and saving a host of social services from the chopping block.  But I guess Reid made the determination that funding Bush’s war was more important than giving telecoms a free pass.

What have we learned?  Filibusters are powerful tools because one Senator can make life a living hell.  The progressive movement has enough allies and enough power to at least slow down this rush to a national surveillance state.  And now Dianne Feinstein’s cards are on the table.  Let’s be clear: she said to the full Senate today that she voted for telecom immunity in her various committees.  This is 100% counter to Art Torres’ contention that she helped “stop” immunity in the Judiciary Committee.  And we saw her “split the baby” compromise to keep any determination of telecom immunity secret.

UPDATE: I should mention that this is just a round, not the whole battle.  The bill will come back up in January, and there will be just as much pressure to immunize the telcos then.  So keep calling those Senators and tell them that you believe in the rule of law.