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OVER REGULATION HURTING ALL CALIFORNIANS

Jon Coupal, President, Howard Jarvis Taxpayers Association

October 12, 2009

[Publisher's Note: As part of an ongoing effort to bring original, thoughtful commentary to you here at the FlashReport, I am pleased to present this column from Jon Coupal. Coupal is the President of the Howard Jarvis Taxpayers Association - Flash]

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When Illinois Senator Everett Dirksen remarked a half-century ago, “A billion here, a billion there, pretty soon it adds up to real money,” it was said with a sense of irony.   I offer this clarification because a billion dollars no longer has the impact that it once had.   Now with a former senator from Illinois occupying the White House, the federal government is throwing trillions of dollars around as if it were nickels.

Still, for the average taxpayer, whether it is billion dollars or a trillion dollars, it’s a mind numbing amount.  When the Legislature approved $12.6 billion in new taxes last February, public anger didn’t really start to mount until it became clear that this would cost the average family about $1,100 each year.  This anger was expressed clearly when in May, voters rejected by two to one an additional $16 in taxes that could have cost families another $1,400 annually.

So when a just released study, sponsored by the state of California, showed that the cost of state regulations on business was $493 billion, the real impact was brought home when the authors concluded that the annual cost per household was $13,801.

Perhaps even more alarming is that these regulations cost the state 3.8 million jobs.  At 12.2% unemployment, the highest in almost 70 years, California ranks fourth behind Michigan, Nevada and Road Island.  Still, the significance of these numbers is best understood by those who have lost a job or who know someone who has, and this includes most Californians.  Most of us are in a position to see the tragic consequences for those out of work, so we understand why the unemployment rate is a major component of what Ronald Reagan called the “Misery Index.”

The California report on the impact of regulations was actually completed a year ago, but its release was held up by the governor’s office.  A spokesperson said the delay was so the facts could be checked, but capitol observers are asking if it was withheld because it would have been a public relations nightmare for an administration and Legislature that were seeking massive tax increases at that time.  After all, the cost of these regulations amount to a hidden tax, the actual impact of which, few people were aware.

As bad a picture as the state regulations report paints, it does not include the impact of radical measures, passed after the study was commenced, to impose new restrictions on the use of everything from energy to land, in the name of reducing greenhouse gases.

After reviewing the report, it is easy to understand why analysts, including the Washington D.C.-based Tax Foundation, rank California 49th out of 50 as a place to do business.  Of course, because of their limited capitalization and lack of political clout, hardest hit by the state’s negative regulatory climate are California’s more than 770, 000 small business employers.  Given that these brave men and women constitute 98% of percent of California’s enterprises and provide 52% of the jobs, our policy leaders ought to feel a great deal of shame – although we doubt that they do.

With surrounding states that already impose lower taxes offering incentives for California businesses to relocate, we continue to travel down the road of high taxes and massive regulation at our peril.

Now, no one suggests that California businesses operate without regulations.  Regulations are like taxes, a necessary evil.  But just as high taxes stifle productivity, so too does massive overregulation that adds significantly to the cost of doing business.

The classic argument for regulation can be made by those who live down stream from a manufacturing plant, who want assurance that toxins are not being dumped into the water supply.   But we live in a state where the nannies in the Legislature attempt to control every aspect of our lives; from when children can be spanked, to our diets, to whether or not our pets are to be spayed and neutered, to the material from which our shopping bags are made.

To ask that the Legislature take a sensible approach to regulation is probably a bridge too far.  However, it should be mandatory that every regulation proposed include a cost analysis.  Just like the Environmental Impact Report (EIR) we require for any major construction project, we should require another EIR – a  Economic Impact Report – for every new regulation. 

When the public is made aware of the actual cost to families and the impact on employment of every new proposed regulation, lawmakers may be forced to stop regarding regulation as an frivolous exercise without real world consequences.
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The mission statement of the
Howard Jarvis Taxpayers Assocation reads:

The Howard Jarvis Taxpayers Association is dedicated to the protection of Proposition 13 and the advancement of taxpayers' rights including the right to limited taxation, the right to vote on tax increases and the right of economical, equitable and efficient use of taxpayer dollars.

Accomplished taxpayer advocate and prominent attorney Jon Coupal, as President of the HJTA, heads up an organization that plays a critical role here in the Golden State . Beginning with the passage of Proposition 13 in 1978, the HJTA has consistently been the lead organization looking out for the rights of California taxpayers. In literally EVERY major battle that occurs in Sacramento, where the forces of irresponsible government growth are trying to figure out another scheme to raise taxes or fees to redistribute taxpayer funds to the latest 'must fund' program, Jon and the HJTA are there to ask the tough questions, and to wave a big stick. You see, the HJTA doesn't just talk the talk. Whether leading efforts to get their many, many grassroots members to lobby their elected officials, going to court to fight illegal tax increases, or marshaling resources to take tax-protection measures to the electorate, HJTA has been there. But not just on a statewide level, but also at the local level -- fighting against local bond measures and fee-increase schemes that seek to unduly and unfairly burden taxpayers.

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You can write to Jon Coupal (via the FR) here.

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