James Gallagher

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.

The "Climate Corporate Accountability Act" establishes mandatory reporting of greenhouse (GHG) emissions for large businesses in California. The bill requires companies to report both their direct and indirect emissions as well as publicize their targets and measures to reduce emissions., Oppose is the Limited Government Position as not only does this bill drive up costs by forcing companies to track their GHG emissions, but such publication may expose certain companies to harassment. Stringent cuts in GHG emissions ultimately drive up consumer costs, and harm the competitiveness of the state's business sector.

Further Driving Up Business Costs by Mandatory Reporting of Greenhouse Gas Emissions by Corporations

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 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.

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 establishes a new pilot program within the California Health and Human Services Agency (CHHSA) which provides additional taxpayer funding to primary care clinics that perform abortion and are located in five counties across different regions of the state. 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).

Channeling Tens of Millions of Additional Taxpayer Funds to Providers of Abortion in "Marginalized Communities".

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.

The "Gun Violence Prevention, Healing, and Recovery Act" enacts an additional 3.75% sale tax on firearms and ammunition sold in the state. As a result, purchasers of firearms and ammunition may face a sales tax rate of over 25% when factoring in the state tax (11%), local taxes (up to 3.5%) and the federal tax (11%). This taxation also does not include the amount passed onto consumers through the $37.19 fee placed on firearm dealers plus other taxes. 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 punish law-abiding individuals who wish to exercise their Second Amendment rights through outrageous levels of taxation.

Attacking Second Amendment Rights through Additional Taxes on Firearms and Ammunition - Resulting in a 25% Sales Tax Rate.

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.

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 requires all new charter schools to participate in either the state's Teachers' Retirement System (CalSTRS) or the Public Employees' Retirement System (CalPERS) as opposed to offering their own 401k style plans.  This change would subject charter schools to additional regulations and costs. Oppose is the Limited Government Position as this new mandate harms school choice by making it more costly to operate a charter school. This bill is primarily designed to help bail out the state pension system as California has some of the highest unfunded pension liabilities in the country.

Threatening School Choice by Forcing Charter Schools to Participate in Costly State Retirement Programs.

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.

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.

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.

This bill establishes the "Excluded Workers Pilot Program" which provides illegal immigrants with up to 20 weeks of unemployment benefits, at an amount of $300 per week. The bill is estimated to cost state taxpayers $237 million to build out and over $215 million in annual benefit payouts. Oppose is the Limited Government Position as providing individuals who entered the country unlawfully to taxpayer funded welfare benefits merely incentivizes additional illegal immigration. While reforms are needed to the U.S. immigration system to increase the number of skilled individuals who may enter and work in our country, measures such as this undermine reform efforts and plunge taxpayers into further debt.

Forcing Taxpayers to Spend Hundreds of Millions Annually to Provide Unemployment Benefits to Illegal Immigrants.

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 establishes the California Reproductive Health Service Corps "for the purposes of recruiting, training, and retaining a diverse workforce of reproductive health care professionals in underserved areas." The bill directs funding towards scholarships, stipends for living expenses and childcare, and loan repayment for providers who work at a "corps-approved site". Oppose is the Limited Government Position as taxpayers should not fund scholarships or loan repayments for any industry, let alone an industry which faces strong opposition by a significant portion of the population.

Forcing Taxpayers to Fund Scholarships and Training for Abortion Providers by Establishing the "California Reproductive Health Service Corps".

This bill extends the duration of postpartum coverage provided under Medicaid (government-provided healthcare) from 60 days to 1 year. Oppose is the Limited Government Position as this bill further grows government-provided healthcare and dependency while also placing significant additional costs on both state and federal taxpayers.

Increasing Government Dependency by Expanding Medicaid Postpartum Coverage from 60 Days to an Entire Year.

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 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.

Weakening Property Rights by Placing Costly and Excessive Regulatory Barriers to Drill New Groundwater Wells.

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 requires the Department of Housing and Community Development to adopt new regulations which require the installation of electric vehicle charging stations at certain existing commercial buildings including multi-family dwellings, hotels and non-residential developments. Oppose is the Limited Government Position as the free market - not government employees - is best equipped to determine the need, placement and amount of electric vehicle charging stations and infrastructure. Empowering the DHCD to impose mandates may inflict significant financial harm onto some smaller businesses.

Advancing New Electric Vehicle Charging Station Mandates on Existing Multi-Family Dwellings, Hotels and other Commercial Buildings.

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%.

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 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 "Clean Energy, Jobs, and Affordability Act of 2022" further increases the stringency of a landmark climate bill passed in 2018 which requires all electricity sold in the state to be 100% clean by 2045. SB 1020 establishes additional benchmarks such as requiring 90% of electricity sold be carbon free by 2030 and 95% by 2035. Furthermore, all state agencies must now obtain their power from renewables by 2035. Oppose is the Limited Government Position as these unnecessary new mandates will only further drive-up electricity costs for consumers, businesses and taxpayers. Lawmakers should instead spur economic growth (which ultimately leads to environmental improvement) through an "all of the above" approach to energy procurement.

Hiking Energy Costs by Imposing Even More Stringent Renewable Energy and Zero-Carbon Electricity Mandates

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

The "Firearm Industry Responsibility Act" prohibits a firearm manufacture from manufacturing or marketing a product that is "abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in California". Additionally, the bill allows individuals to sue a manufacturer for any actions or failure by their distributors to comply with state law if the individual suffers damages from the misuse of a firearm. 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 is primarily designed to drive firearm manufacturers out of business through an attempt to advance a gun-control agenda.

Attempting to Force Firearm Manufacturers Out of Business by Exposing them to Frivolous and Costly Litigation.

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 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".

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 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.

This bill requires pharmacists to complete at least one hour of continuing education in a "cultural competency course" every two years. The course must focus on individuals who identify as LGBTQ+ and must also "contain elements demonstrating how sexual identity is directly impacted through intersectionality." Oppose is the Limited Government Position as this bill is largely designed to enrich entities and individuals who provide such "cultural competency services". Instead of this politically-motivated government mandate, pharmacists should be free to select the trainings which will provide them the greatest value and information to serve their patients.

Forcing Pharmacists to Undergo an Hour "Cultural Competency" Course Every 2 Years Focused on LGBTQ+ Individuals.

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 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 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.

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.

ILA

James Gallagher