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Vol.1 Issue 3 June 2007
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In This Issue...
  • BIGGEST TAX ON BUSINESS IN CALIFORNIA HISTORY PROPOSED
  • FLAG DAY RESOLUTION PASSES
  • CALIFORNIA NEARLY FLUNKS OUT ON ENGLISH INSTRUCTION
  • R.I.P. BRAD BRIDENBECKER
  • BIKERS AGAINST DIABETES RIDE
  • 4TH OF JULY CELEBRATIONS
Welcome to the Duvall Dispatch

Welcome to the Duvall Dispatch, an electronic newsletter we have implemented to keep you informed of the goings on in Sacramento and the Seventy-Second Assembly District. I invite you to share this newsletter with friends, family, and business associates. As always, your input and suggestions are greatly appreciated and will help me serve you. If you are having difficulties viewing this email, please be sure to visit my website for the latest updates from the office.

BIGGEST TAX ON BUSINESS IN CALIFORNIA HISTORY PROPOSED

At a press conference on Thursday, June 21st, Senate President Pro Tem Don Perata and Assembly Speaker Fabian Núñez declared their intention to combine their respective healthcare reform proposals into one bill.  AB 8 (Núñez) and SB 48 (Perata) will be put together into one measure—one that, if voted out of the Legislature and signed by the Governor, would have tragic consequences for California's businesses.

First off, this bill will institute the single-largest tax increase on California businesses in the state's history.  The two Democratic leaders are proposing a payroll tax of at least 7.5% in order to fund their bill's burdensome requirements.  Even worse, I'm told that their proposal also includes the ability to RAISE this tax rate if it becomes ‘necessary' in order to pay for the massive new government-run healthcare bureaucracy created by the bill—and this would be done automatically, without a vote of the state Legislature. 

This is of vital importance, as both this plan and the Governor's healthcare proposal (which has not yet been written into legislation) contain payroll taxes on businesses that help to fund them.  However, both the Democrats and the Governor have insisted on calling this tax a ‘fee', as fees only require a simple majority vote of the Legislature, versus a tax, which requires a two-thirds vote (which gives legislative Republicans leverage, as their votes are needed to pass any tax bill). 

There is no doubt these measures would constitute a tax increase, and should be subject to a two-thirds vote of the Legislature.  Pushing them through by a majority vote means that these bills will likely be challenged in court and tied up in litigation for years.

Another extremely onerous element of the Democrats' plan is that it contains NO exemption for small businesses.  The Governor's proposal excludes businesses with fewer than 10 employees from its requirements, and a similar proposal that was enacted in 2003, SB 2 (Burton), excluded all businesses with fewer than 50 employees from its requirement to provide health coverage benefits (though SB 2 was repealed by a ballot referendum in 2004).  This provision completely ignores the reality of running a business and managing employees, costs and payroll in California's increasingly unfriendly business climate.

Finally, the majority Democrats' plan will regulate how much health providers may charge patients whose income is under 300 percent of the federal poverty level - without regard to the actual cost of providing care.  This could lead to many health providers cutting costs in other areas, such as eliminating services or lowering reimbursement rates to doctors and hospitals, or forcing them to pull out of the California market altogether.  This just provides further proof of how out of touch with market realities—and the lives of California workers, employers, and families—majority Democrats are.

Ironically, while claiming to fix California's ailing healthcare system, this terrible measure will serve as a final nail in the coffin for the state's hemorrhaging budget by draining the life out of California's already struggling economy.  Be assured that I am doing all I can to fight this proposal and protect the pocketbooks and livelihoods of California's businesses and citizens.

FLAG DAY RESOLUTION PASSES

Thursday, June 14th was Flag Day and I am proud to announce the passage of Assembly Concurrent Resolution 60, a measure I authored to commemorate this important holiday in the State of California.

On June 14, 1777 the Continental Congress adopted a resolution specifying that the flag of the new nation carry 13 stripes and 13 stars, with the colors representing hardiness and valor (red), purity and innocence (white), and vigilance, perseverance, and justice (blue). 

The flag we fly now looks a bit different—we've added 37 stars since then—but the meaning and significance remain the same. With a long and rich history, Flag Day is a day to celebrate the symbol of our freedom.  The day might not warrant time off of work but it nonetheless serves as one of the most important holidays our nation acknowledges every year.

Moreover, this holiday is of personal significance to me, as it is also my birthday.  I encourage all Californians to celebrate the flag as a symbol of our freedom and to remember the hard work and sacrifices that so many have made to ensure that freedom. 

CALIFORNIA NEARLY FLUNKS OUT ON ENGLISH INSTRUCTION

According to the fourth-annual "California Education Report Card", released by the Pacific Research Institute (PRI), a free market think tank, the state's method of teaching English to foreign-language students barely escapes failure, earning a deplorable ‘D+' grade.

Back in 1998, 61% of the state's voters approved Proposition 227, ending the old system of bilingual education by requiring California public schools to teach children in English, and moved all students into the same classroom to learn amongst their peers.  This made sense as children who gain English proficiency do as well or better than English-only students.

However, success requires that these students actually learn English, and unfortunately, according to the report card, they aren't.  Lance T. Izumi, PRI's Director of Education Studies, says that we can't tell how well we are actually doing, as the state hasn't put together an adequate means of the analyzing year-to-year progress of English Learner (EL) students on the California English Language Development Test (CELDT). 

Moreover, students are not being reclassified as proficient once they achieve that status, further clouding the picture of who EL students are and how well they are doing.  Standards for reclassification vary greatly on the local level, as districts can currently take many other factors into account when making this determination.  Finally, the nonpartisan Legislative Analyst's Office (LAO) has reported that school districts ''have a financial incentive for keeping students classified as EL'' in order to obtain more federal funding. 

The abject failure of California to teach and track its students' progress in learning the English language is inexcusable.  The Legislature has an obligation to ensure local districts provide our students with effective instruction in the skills they need to succeed, and to ensure that taxpayers' money is used efficiently in that regard.  Considerable reform is needed in this area, and I am looking into what I can do to help address this glaring deficiency in our state's education system.

R.I.P. BRAD BRIDENBECKER

On June 21st, 2007, I requested that the California State Assembly adjourn in the memory of La Habra City Manager Brad C. Bridenbecker, who passed away on Monday, June 18th after a long battle with cancer.  He was just 35 years young.

Brad grew up in Orange County, attended college at Cal Poly Pomona and grad school at USC. He started with the City of La Habra back in 1994 as a part-time intern and was steadily promoted through the ranks until his appointment as City Manager on June 16, 2002.

A number of significant projects in La Habra were completed under his leadership, including: Westbridge Plaza, Costco, La Bonita Park Phases 1 and 2, and the reconstruction of La Habra Boulevard.

Brad was diagnosed with cancer shortly after being appointed City Manager and worked continuously until taking a leave of absence in April of 2006. 

Brad was a bright, capable and dedicated public servant, and wholeheartedly a family man.  He loved being a dad and spending time with his wife, Beth, and two daughters, Victoria and Katie. 

He will be sorely missed.

A memorial service will be held at 12 noon on June 28th at Our Lady of Guadalupe.  Our Lady of Guadalupe is located at 900 W. La Habra Blvd.  Please call (562) 691-0533 for more information.

BIKERS AGAINST DIABETES RIDE

On June 10th, I had the pleasure of participating in the 10th Annual Southern California Rip's B.A.D. Ride.  Rip's B.A.D Ride (Bikers Against Diabetes) is a motorcycle fund-raising ride and family festival of the American Diabetes Association. This event unites the biker nation in the fight against diabetes with a full day of great riding, big entertainment, delicious food, and lots of activities.  I was extremely pleased to be a part of Rip's B.A.D. Ride because I got the chance to contribute to two things I'm very passionate about: healthcare and motorcycles!

If you didn't get a chance to come out to take part in the ride, I've included a photo.  I hope to see you all out there next year supporting this great cause!

4TH OF JULY CELEBRATIONS

One of the most fun and exciting things about serving nearly a half-a-million people in the California State Legislature is the chance to celebrate our nation's heritage with so many different people from all walks of life and communities all across the Seventy-Second Assembly District.  I love our country and I love the 4th of July holiday. 

I'm including a short, tentative list of events I will be participating in this 4th of July so that you may come by, meet me, and bend my ear about state-related issues of concern if you like.  Remember, this list is still tentative.

Tuesday, July 3rd AFTERNOON: City of Orange "Salutes the Red, White, and Blue"at Fred Kelly Stadium at El Modena High School, 3920 E. Spring Street, Orange 92869.  The celebration begins at 4:00 p.m. with fireworks scheduled for 8:50 p.m. Tickets are $5 for children and adults, kids two and under are free.  They can be purchased at the Community Services Department, 230 E. Chapman Ave. or in limited quantities at the gate of El Modena High School on July 3 before 8 p.m.

Wednesday, July 4th MORNING: City of Brea's "Country Fair" at City Hall Park at 401 S. Brea Blvd (one block South of Imperial Highway).  I will be one of the judges for the "Best Decorated Booth" contest.  Winners of the contest are scheduled to be announced between 10:45 a.m. and 11:00 a.m.  The festivities begin at 7:00 a.m. with a pancake breakfast served up by the Brea Kiwanis.  For more information call (714) 990-7771 or visit cityofbrea.net.  Volunteers are still needed if you're interested in taking part in day of fun!

Wednesday, July 4th AFTERNOON: City of Anaheim "Celebrate Freedom" Parade starting at 3:00 p.m. at Canyon High School.  The parade travels West on Santa Ana Canyon Road near Peralta Canyon Park.  Come by and give me a wave!

Wednesday, July 4th EVENING: City of Placentia's "The American Journey" starts at 6:30 p.m. at Bradford Stadium, 500 N. Bradford Ave.  Sponsorship opportunities are still available.  If you are interested in becoming a sponsor please contact the City of Placentia's Community Services Department at (714) 993-8232 or complete the sponsorship application form located at placentia.org.

Wednesday, July 4th EVENING: City of Fullerton's Festival & Fireworks Show at Fullerton High School Stadium at the intersection of Lemon and Berkeley.  Live musical entertainment, games and food booths will mark the event at 5:00 p.m.  The fireworks display will be set to music and begins at 9:00 p.m.  Free parking for the festival will be available at the Plummer Parking Structure, located at the southwest corner of Lemon and Chapman Avenue;the Wilshire Parking Structure, located on Wilshire Avenue, one block east of Harbor Boulevard;and the North Orange County Municipal Court, 1275 N. Berkeley, west of Harbor.

Whew!  What fun!

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Published by Assemblyman Michael D. Duvall (R-72) © 2007 ARC Disclaimer