May 22, 2000 CAPITOL ACTION WEEKLY Volume 3, Number 46


A free weekly newsletter brought to you by Capitol Enquiry, Inc.
Edited by Gabe Anderson
Capitol Reports by Capitol Action Staff

Table of Contents
* Welcome
* Capitol Action
* Clips of the Week
* Letters
* News & Promotions
* The Fine Print


Welcome

San Francisco is truly an amazing city. Sunday Jen and I took part in one of San Francisco's oldest traditions: the cross-city, 7.5-mile Bay to Breakers race , now in its 89th year. With more than 70,000 entrants, the annual race is the largest -- and most eccentric -- footrace in the world.

I challenge you to name another place in the world where you can run (or walk, as the case may be) across the length of a city alongside Village People impersonators singing "YMCA" at every mile, frat boys pushing keg-toting shopping carts, drag queens in tennis shoes, Hawaiian-shirt wearers towing a portable Tiki bar, and yes, even ubiquitous naked people.

I placed 32,504th overall; maybe if I up my pace to a brisk walk next year, I can move up a few thousand places.

-Gabe

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Capitol Action for 5.22.00

SACRAMENTO, Calif. -- This promises to be a very tough week indeed for Insurance Commissioner Charles Quackenbush.

The commissioner faces a grilling by a committee run by his most determined critic in Sacramento, Sen. Jackie Speier, D-Burlingame, in what promises to be a ferocious examination of Quackenbush's role in settling cases with insurers and his campaign finances.

The hearing Tuesday by the Senate Insurance Committee is just the latest in a series of events targeting the Republican commissioner, and it is unlikely to be the last: Another Senate hearing is scheduled later in the week by a Judiciary subcommittee, and the Assembly Insurance Committee plans another round of hearings next month. Meanwhile, the Fair Political Practices Commission is conducting its own investigation into the commissioner's campaign finances, and state Attorney General Bill Lockyer, a Democrat, has a court hearing on June 1 to determine whether a nonprofit fund the commissioner created with insurers' money should have some $6 million in assets frozen.

The issue is simple. Did Quackenbush let a half-dozen insurers off the hook for more than $3 billion in potential penalties stemming from alleged claims mishandling following the 1994 Northridge earthquake? The commisioner persuaded insurers to contribute some $12 million to a nonprofit consumer education and research fund to resolve the cases. The problem is, the money didn't go to helping consumers or conducting research, and that's what has Democrats seeing red in the Legislature.

The Quackenbush scandal -- "scandal" is an accurate term here -- has captivated the Capitol like none other in recent memory. In part, that's because Democrats control both houses of the Legislature and the governor's office, all of whom would be delighted to eliminate a major GOP political figure. His wife said as much over the weekend to The Sacramento Bee, and there is certainly a kernel of truth in what she says.

But it also stems from the nature of the case. It involves multimillion-dollar payments, insurance companies and a powerful regulator, and that's a mix that is certain to capture the public's attention. Moroever, Quackenbush has made things easy for his enemies. By his own admission, he made errors in judgment about the way his department was run, he didn't keep a close enough watch on the way the nonprofit fund was set up and payments from the fund benefitted him politically, at least indirectly.

The media, fed by a steady stream of tidbits from knowledgeable sources, have provided an almost daily series of revelations about the case, ususally on the front page. More revelations are sure to come, as ranking officials in the Insurance Department, concerned about their legal liability, begin leaking their version of events to reporters.

But Quackenbush's worst problem is Speier. She is a determined, intelligent Democrat long known as one of the most capable members of the Legislature, and well versed in insurance and consumer issues. She is also very, very tough: As an aide to the late Congressman Leo Ryan, she was shot and left wounded on a jungle airstrip in Guyana by People's Temple gunmen during an inspection tour of Rev. Jim Jones' compound. Years later, her husband, a doctor, was killed in an automobile accident with an unsinured motorist who ran a stoplight illegally. She had planned to run for a statewide office earlier, but abandoned her plans for personal health reasons. She also wants to be insurance commissioner, and has authored a constitutional amendment to make the office an appointed one.

If Quackenbush had to pick his worst nightmare in the Legislature, it would probably be Speier.

And on Tuesday, the public will see them in a head-to-head confrontation.


Clips of the Week

--Patrick Hoge in The Sacramento Bee, who reported that "Chris Quackenbush, wife of state Insurance Commissioner Chuck Quackenbush, defended her husband's job performance and handling of campaign finances Friday, saying Democrats are trying to destroy the GOP's strongest potential candidate for governor. "Their venomous attacks show the extent of their fear," said Quackenbush, a one-time unsuccessful state Senate candidate who lives with her husband and three children in Rio Linda. "They have a concerted plot to get rid of Chuck." May 20.
http://www.capitolalert.com/news/capalert01_20000520.html

--Carla Rivera in the Los Angeles Times reported: "In her 24 years as a licensed day-care provider, Martha Sabbs says, she has never had less than a full day. She picks up several of her seven charges from their homes or schools. She makes them meals and helps them with their homework. She took out a loan to build an addition to her home where the children can play and learn. It seems like full-time work to her, and yet when she adds up her state-reimbursed wages at the end of the day, she says her hourly rate hovers somewhere between $2 or $3. She is not alone. Family day-care operators who provide subsidized care for the children of welfare recipients have long complained that they make less than the minimum wage and are not reimbursed in a timely fashion." May 19.
http://www.latimes.com/news/state/20000519/t000047299.html

--James P. Sweeney of Copely News Service in the San Diego Union-Tribune, who reported that "Federal gaming officials told California Indian tribes yesterday to expect increased federal scrutiny and regulation as they enter a new era of legal casino gambling. Tribal leaders welcomed any help, but politely suggested they don't need any more state or federal regulators to keep an eye on their flourishing industry. The National Indian Gaming Commission invited tribal leaders from throughout the state to an informal briefing on what to expect in the months ahead. "First and foremost, the NIGC's mission is to ensure the integrity of tribal gaming...that buffalo must remain white," said commission Chairman Montie Deer. Tribal gaming, which generates more than $8 billion a year nationally, has been hailed as the new buffalo in Indian country." May 19.
http://www.uniontrib.com/news/uniontrib/fri/news/news_1n19gamble.html

--Dan Walters in The Sacramento Bee, who reported: "Suppose California had a state agency that had accumulated $45 billion in debt and spends $4 billion a year to finance grandiose 'economic development' schemes, often offering lavish subsidies to private businesses for projects that only rarely fulfill their promises but nevertheless enrich developers, bond attorneys and bankers. Sounds scandalous, something worthy of news media inquiry and perhaps a legislative investigation, doesn't it? Well, there is no such state agency, but in all other respects it's an accurate description of 'redevelopment,' the program that 350 California cities (and some counties) operate, supposedly to clean up 'blight.' The original urban renewal purposes have been lost as local governments use redevelopment powers to acquire land and subsidize private schemes with bonds and tax abatements, primarily to generate more sales tax revenues. May 19.
http://www.capitolalert.com/news/capalert03_20000519.html

--Virginia Ellis in the Los Angeles Times, who reported: "California Insurance Commissioner Chuck Quackenbush used fake sensational news stories to coerce major insurance companies into making contributions to controversial earthquake foundations, a senior staff member has admitted. The phony news stories, purported to be what the Los Angeles Times might publish on its front page, were enlarged and presented to the insurance companies as a preview of what they might see if they did not cooperate, the staffer said. Contradicting his testimony before the state Assembly Insurance Committee last month, Deputy Commissioner David Langenbacher said in a May 10 letter to the committee that 'blow-ups were included as examples of possible articles that might reflect potential outcomes of our negotiations.'" May 17.
http://www.latimes.com/news/state/20000517/t000046552.html


Letters

To the Editor,

Regarding Davis' plan to exempt public school teachers from personal income tax:

What about nurses? Firefighters? Law enforcement? These are people who provide services 24-hours a day, 365 days a year -- they do not have summer vacation, winter break, spring break, minimum days, and are also "underpaid."

I personally am tired of hearing how teachers are underpaid. Several of my friends entered the teaching profession and earn upwards of $40,000 per year, including full benefits, and work only two-thirds of the year. On an hour-to-hour basis, most of them earn more than I do working in a professional public sector capacity. I constantly hear from them, "I'm so underpaid. I can't afford anything." Funny, when I was making the same amount of money, I was able to purchase my own lovely house in a nice, established neighborhood without any sort of assistance at the age of 25.

I was raised by a teacher mother and a state worker father, so I am not being insensitive to what the profession entails. In fact, my 63-year-old mother recently took the golden handshake from her school district and is now teaching at a parochial school. Her current salary combined with her STRS retirement is not as much as she was making as a teacher in the public school system, yet under Davis' plan, as a teacher at a private school, she would not be eligible.

My brother and I were both educated in the public school system and graduated from U.C. Berkeley without one cent of student loans -- all on a combined income of maybe $80,000 per year (in today's dollars). It's about prioritizing personal spending and deciding if your chosen career path is one that you love enough to work out the financial aspects. If it doesn't add up with fulfillment/monetary gain, move on. That's what the rest of us do and you don't hear us complaining.

- R. Johnson
Sacramento, Calif.

To the Editor,

I'm among the first to agree to any real breaks for teachers who traditionally are paid less than their level of responsibility.

I see two things wrong with this form of corporate welfare:

1. Like the Lottery wrongly used to reduce real-time budgets instead of augmenting them, it will be an excuse to withhold raises to offset the teachers' tax benefit.

2. The Governor's exclusion of private school teachers, even if credentialed, is a clear indication of the wrong-headedness of single-inference Cartesian thinking prevalent in all issues today.

Private school teachers generally work for 15 to 25 percent less than their public school counterparts though not cursed with mind-numbing but "safe" tenure. If anyone deserves the Governor's proposed tax break, it is the private school teacher who saves the taxpayer untold millions of dollars every school year. Of course, that teacher is not likely paying into the political coffers of organized labor gone amok in public employment where it doesn't belong.*

The private school teacher therefore has little hope of being recognized for the one thing that really matters in education: dedication!

- Gerald V. Todd
Bakersfield, Calif.
May 15, 2000

*I'm definitely NOT opposed to organized labor. I'm also scared silly about the inevitable result of public employees being so organized as it can only lead to the changeover of our free society to socialism. That experiment has failed miserably wherever it was tried. Why must we be the next victims?


News & Promotions

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2000 LEGISLATIVE UPDATES VIA EMAIL ---------------------------------- Receive late-breaking changes to the Pocket Directory monthly throughout the year -- via email. To keep your directory up to date, you will be provided with any "information changes" that occur after the February publishing date. In addition to "changes," the updates will include profiles of new members, alerts to new committees and other legislative news items. Easy way to keep your directory current!

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COMING LATER THIS YEAR

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