Candidate Questionnaire

By Donald P. "Don" Wagner

All candidates were asked to complete this questionnaire by the Newport Beach CRA.

California's government spending increased substantially while Gray Davis was Governor. Would you support:

A spending freeze until the budget is balanced?

"No. A freeze would mean no spending. I would support, at a minimum, a freeze in the rate of spending growth. In fact, we should roll back the spending in many areas."

Cutting spending across the board by a fixed percentage (name the percentage)?

"We should cut spending, but not necessarily by a fixed percentage across the board. This is too inflexible. We should cut in certain areas by more than we cut in others."

Cutting spending across the board by a fixed percentage except for law enforcement and emergency services (name the percentage)?

"Again, cutting is appropriate but not necessarily by a fixed percentage. Law enforcement and emergency services (and education and infrastructure improvement to name a couple of other areas) have more of a claim on tax dollars than do some of the more wasteful social spending programs we see from the liberals."

Limiting spending increases to the rate of inflation?

"No."

Continuing to increase spending as in the last few years?

"In other words, the Democrats' approach: No!"

Do you support a balanced budget amendment with no exceptions except spending responses to incidents causing public safety emergencies?

"Yes."

Taxes

State Income Tax:

The current top marginal rate is 9.3%. Would you:

Vote to raise it? "No!"

Vote to keep it at 9.3%? "No!"

Vote to reduce it? "Yes. That is how we stimulate the economy."

What is the maximum marginal state income tax rate that is "fair" for any taxpayer to pay?

"I reject the idea that any level is "fair." That's the language of the liberals to make sure that the "rich" pay their "fair share." It's divisive language and fundamentally misunderstands the point of taxation. The right question is: What is the proper level of taxation to support the appropriate, limited functions of government? That level is much less than 9.3%. I believe government tries to do too much and, with less money, it can do less, thereby allowing the people through the private sector to do for themselves. The lower the taxes - any taxes - the more we unshackle the economy."

What particular spending programs would you cut or eliminate?

"The following are only some of the programs or spending proposals that are currently in the works and could be eliminated or deferred to better economic times:

"Medi-Cal waste paid to ineligible recipients when the state rejected reinstatement of the Quarterly Status Report for the Medi-Cal Program ($85 million);

"Immigrant welfare and food stamps not paid for by the federal government ($105 million minimum);

"Welfare recruiting (that's right, the state advertises its welfare programs!) ($8.6 million);

"Child Support bureaucracy can't or won't account for 26.4 million spent in fiscal '03-'04 and does not have its budget reduced when the caseload is reduced ($38 million);

"Current funding for the Health and Human Services data center, which is based on past growth not current demand ($7.2 million per year);

"Duplicate funding for the Teale Data Center, the HHS Agency Data Center and Legislative Data Center, all doing essentially the same thing ($4 million);

"The Fish and Game Department maps wetlands, as do other agencies ($145,000);

"Food stamp waste (the program has a 17.5% error rate and pays hundreds of millions to ineligible recipients and in federal fines)($125 million annually);

"The State has a staff that, in the name of emergency preparedness, watches television in a secured room (called the Warning Center) 24 hours a day ($200,000 per year);

"The California Conservation Corps wants to buy land and build a building in the Tahoe area ($18.4 million);

"We should eliminate:

"the Hearing Aid Dispensers Bureau ($560,000); the Bureau of Home Furnishings and Thermal Insulation ($3.5 million); the Bureau of Electronic Appliance Repair ($1.65 million); the Board of Geologists and Geophysicists ($1.1. million); the Bureau of Telephone Medical Advise Services ($140,000); the Acupuncture Board ($2 million); the Cesar Chavez Community Service Grant program run by the Office of Policy Research ($5 million); the Arts Council ($13.5 million);

"The Wildlife Conservation Board plans to plant oaks trees on land that may, or may not, have had oak trees in the past ($5 million);

"The Department of Corrections wants to build a new building ($160 million);

"The Board of Equalization and the Franchise Tax Board both collect taxes and should be combined (annual savings of millions);

"So-called fair employment and housing discrimination offices that are duplicative of the Federal EEOC ($18 million);

"The Foreign Trade and Trade and Commerce Offices do nothing of real note to support California foreign trade (according to a recent OC Register article) and they should be junked ($3.4 million);

"The State spends millions per year, and shouldn't, subsidizing permits for the film industry ($8.2 million annually);

"The Arts in Prison program ($1.2 million)."

Worker's Compensation

What worker's compensation reforms would you advocate?

"The Legislature must repeal the recent changes to the Worker's Comp laws. Benefits are scheduled to top out in 2007 at $840 per week. That's $44,000 a year for not working. It is killing California business. Our Worker's Comp rates are 5.85% of payroll. In the rest of the United States, the typical rate is between 2 and 3 percent. California business cannot sustain these rates.

"We must do three things to bring sanity to the system. First, return the maximum benefit to its pre-2002 level of a $490 per week maximum and roll back rates sufficiently to service only this benefit level. California business will continue to abandon the state if rates are not lowered. Second and third, limit attorneys fees and increase the penalties for physician fraud. I lump these together because they are structural changes in the system that will not permit a quick fix (like changes in the benefits) but must ultimately be addressed before any true reform can have a hope of succeeding."

Would you support:

Reducing or capping lawyer's fees in worker's compensation cases?

"Yes. See above."

Abandoning the adversarial system and going to an administrative or mediation-oriented system?

"Frankly, I don't know. It's an intriguing idea but, I have experience with NGO administrative entities and am not convinced they're better than an adversarial system. Worker's comp has its own system of judges, lawyers, procedures, etc., and already to some extent functions more as an administrative than adversarial system."

Adopting Arizona's system, which reportedly would cut costs dramatically in California?

"Reportedly is the key. If the Arizona system provides the fix it is reputed to provide, then we should absolutely look into using it here."

Strengthening criminal penalties for fraud?

"Yes. See above."

Trial Lawyers & Liability

Tort Law:

Do you believe that tort law is out of control in California?

"Yes."

What tort reforms do you advocate?

"Loser pays to eliminate frivolous lawsuits, caps on punitive damages (but see my answer in more detail below), and more of a willingness on the part of judges to overturn outrageous jury verdicts."

Punitive Damage Reform:

Would you support a law limiting punitive damages to twice actual damages in all cases?

"Yes but the US Supreme Court has already rejected such reform. Even the otherwise wonderful Justice Scalia found limits on punitive damages to be unconstitutional - at least to the extent imposed in the case before him - so I am not convinced such limits would pass court review."

Would you support a law diverting punitive damage awards away from plaintiffs and their attorneys to law enforcement or charities?

"This is an idea that should be studied. I'm not willing to endorse it yet because I would be concerned about juries using it, in effect, to shift the burden of funding law enforcement on to the backs of businesses they didn't like."

IMMIGRATION Illegal immigrants are drawn to the United States for many reasons. California's taxpayers are currently burdened with huge expenses for the education and medical care of illegal aliens.

Did you support California's Proposition 187?

"Yes."

Would you support billing foreign countries for California's expenses in providing medical care and education to their citizens?

"Tempting but no. The Supremacy Clause of the US Constitution would make it illegal to do so and California could never enforce it. As I say, tempting but not really a serious effort at immigration reform."

What will you do to stop illegal immigration and its economic effects in California?

"California is just too economically friendly to illegal aliens. We should deport illegal aliens when and where found. We should not give to them drivers licenses, or in-state tuition, or tuition fee waivers, or bilingual education. They should be billed for the full costs of government services provided to them and ineligible for welfare benefits, food stamps, medi-cal, lottery jackpots, and other government benefits. What part of illegal do the liberals not get? Legal citizens, no matter what their heritage, are entitled to access to the tax payers' beneficence; illegal aliens are not so entitled."

CRIME & PUNISHMENT Do you support the death penalty?

"Yes."

If so, in what kinds of cases?

"First degree murder."

Would you support non-prison alternatives for non-violent offenders to save money? If so, what?

"I would support it depending upon the type of non-prison alternative and the type of non-violent offenders. Unfortunately, too many "non-prison alternatives" are closer to wildlife "catch and release" programs than they are to anything actually designed to punish or deter. Also, Rudy Giuliani's "broken windows" program shows that so-called non-violent offenses such as vandalism or graffiti tagging, are gateway crimes that should be dealt with more seriously than under current law in California."

Give 3 examples of bills you would propose in the criminal law area.

"I would try to greatly expand the right of law abiding citizens to carry weapons. I would close the courtroom doors to criminals suing their victims - which happens; I defended a crime victim in just such a case. I would more heavily penalize fraud in the workers comp, welfare, medi-cal, and other government programs."

EDUCATION Competition

Competition is a vital part of our economic system. Some liberals want to eliminate all forms of competition, like keeping score in sports and games, and grades. Do you support:

Continuing to use grades?

"Yes."

Teaching K-12 students that competing hard and playing fair at the same time are both good values and important life skills?

"Yes."

Valuing "self-esteem" over achievement, as some liberals advocate?

"No."

Social Promotion

Do you believe that schools should hold back students who fail to meet certain performance criteria, or pass them through the system?

"Hold them back. The tax payers spend an enormous amount, for example, in the community colleges, to teach remedial classes in subjects that supposedly were already taught. An end to social promotion will stop this early in the process when the remediation will be easier, cheaper, and better for the children."

Homosexuality & Curricula

Do you believe that sexuality is an appropriate topic for Kindergarten and young elementary school children?

"No."

Do you believe that it is appropriate for public schools to be promoting a pro-homosexual agenda?

"No."

Local Control

Do you support the rights of communities to supplement state-required curricula with greater studies of:

The U.S. Constitution, the role of religion in American life, traditional values, honest U.S. history, the founding fathers in greater dimension that mere "slave owners," appreciation for the cultural and political traditions of our country, patriotism, gun safety?

"Yes to all of the above!"

Discipline

What bills would you introduce to enforce student discipline?

"Corporal punishment in the lower grades works. More broadly, I would permit public schools to expel disruptive students. To protect teachers and administrators, not just in expulsions, but in any discipline they impose, I would grant them the same qualified immunity that other public officials, such as elected officials and police and fire personnel, have in order to protect them from the inevitable law suits that will follow. Finally, I would either look to increase the penalties for physical attacks on teachers and administrators or more vigorously enforce them."

Should teachers and principals have more power to expel problem students?

"Yes."

SOCIAL ISSUES & THE CULTURE WAR Gun Rights

Do you believe that Americans have a right to own guns under the 2nd Amendment of the U.S. Constitution's Bill Of Rights?

"Yes."

Do you believe that gun ownership is essential in a free society as a check on government power and excesses?

"Yes."

Would you support electronic "instant" background checks instead of waiting periods of days?

"Yes."

Would you support an amendment to the California Constitution strengthening the right of Californians to own guns?

"Yes."

Abortion

What is your position on abortion, and would you support legislation that would ban abortions in the cases of:

Partial birth abortion?

"You mean infanticide? I'm opposed."

Restrictions permitted in the 3rd trimester under Roe v. Wade?

"I support the third trimester restrictions allowed under Roe v. Wade but that somehow the Court always manages to find a way to strike down."

Race

Did you support California's proposition 209?

"Yes. I was a member of the pro Proposition 209 speakers' bureau and argued in favor of it at town hall meetings and other events throughout Los Angeles and Orange Counties and published articles in favor of Prop. 209 (and against the leftist judiciary trying to strike it down) in a number of place, including the OC Register."

Do you support racial quotas?

"No."

Political Correctness

Do you support speech codes at universities that prohibit speech that is politically "offensive"?

"No. I have in fact while in office voted against a college speech policy I thought was too restrictive (a federal court later agreed) and have worked hard to craft policies that truly respect the First Amendment."

Give 3 examples of political correctness in our society, and what legislative remedies you would propose.

"Corp. Code § 318 mentioned above which should be abolished;

"Affirmative action admissions to state colleges and universities which Proposition 209 would abolish if vigorously enforced; and

"The self-esteem movement in schools which refuses to hold children to standards or to make value judgments. I've discussed above some ideas to unshackle the schools."

Homosexuality

Did you support California's marriage amendment limiting marriage to one man and one woman?

"Yes. Again, I spoke and wrote publically in favor of Prop. 22."

Do you support same sex marriage?

"Then it isn't "marriage," now is it?"

Do you believe that homosexual couples should have so-called "domestic partner" benefits similar to those generally provided to married couples?

"No. I oppose the liberals' current moves toward so-called domestic partnership laws. Gay relationships do not deserve the same level of societal protections given to marriage. However, as a proponent of limited, smaller, less intrusive government, I would not prohibit gays from achieving by contract much of the social agenda now being pushed down society's throat by liberals. For example, property can be owned in joint tenancy, durable powers of attorney for health care are legal, wills and trusts can direct property disposition, etc. Government should stay out of everyone's bedroom. But the gay rights lobby should also stay out of the schools, out of our childrens' lives, and out of the faces of the rest of society."

Drugs

Do you support or oppose decriminalizing all drug use?

"Oppose."

Do you support or oppose decriminalizing all marijuana for medical use?

"Right now, I oppose this. Government is too intrusive in the medical field - as it is in most other places. But I do not believe there is yet a consensus in the medical community that medical marijuana is as effective as its proponents believe. Until there is, I think the federal government is right to maintain the prohibition on medical marijuana. Many of those proponents seem to me to be mostly the drug legalization folks looking to get a foot in the door. Until the medical community is more firmly behind this, then I would oppose such decriminalization."

What would you change to reduce illegal drug use in California?

"State and federal authorities need to work together to interdict the flow into the state, criminal penalties need to be strengthened and made more certain, any illegal alien convicted of purchase or sale should be deported after serving the full term, mandatory diversion programs should exist in all prisons, paid for by fines from the convicts themselves."

Culture War

Do you believe there is a culture war in the United States today?

"Yes."

If so, what side are you on?

"I am on the side that thinks "under God" belongs in the pledge of allegiance and that it's all right to wish people "Merry Christmas," but that free speech does not include burning the flag or dancing in the nude.

"I am on the side that did not scoff when Ronald Reagan spoke of a "shining city on a hill," and knows that it is not censorship for Republicans to boycott a CBS hit piece on the greatest president in my life time.

"On my side of the culture war, mom and dad and kids - i.e. the family they make - are esteemed such that public policy is made first and foremost to protect them.

"My side of the culture war thinks we really are all created equal, and that this means universities and colleges should not care about the skin color of their students, much less admit them or give them favorable treatment based on skin color.

"I believe public schools should be permitted to give out aspirin, but not condoms, and that bananas belong in the cafeteria, not in "health class." My side of the culture war also believes that perhaps the schools ought to teach the basics, and not until they are doing an acceptable job at that should we even consider allowing them to teach about various "lifestyles." Finally, a little bit of competition would go a long way toward fixing what ails today's public education.

"I am on the side of the culture war that believes Teddy Kennedy should do time for Chappaquidick and that Bill Clinton should do time for Juanita Broderick, perjury, illegal campaign fund raising from China...

"My side of the culture war thought that the first term of the Clinton Administration was also a disaster. There was nothing to like about his positions on gays in the military, nationalization of the health care industry, opposition to welfare reform that took a Republican Congress to finally achieve, Lani Guinier, Janet Reno, the incineration of children in Waco, cutting and running from Somalia, the firing of the travel office staff and the defaming of Billy Dale, the appointment of hundreds of radical leftist and activist federal judges, stonewalling on Vince Foster, missing Rose Law Firm billing records, the illegal Hillary Care health "Task Force," sale of the Lincoln Bedroom, ad nauseam. All of this was known by 1996, and all of this was reason for our side of the culture war to support the real war hero Bob Dole.

"I am on the side of the culture war that believes the Constitution is silent on abortion but actually permits the death penalty, and believes that judges should interpret the Constitution that way, not the other way around.

"Those on my side of the culture war believe that with rights come responsibilities, and that you have a right to build on your own property even if a snail darter or some such endangered vermin happens to live on it, a right to pack a gun, and the right to live free of an oppressive nanny state. You also have a responsibility to care for yourself and your family, and to exhaust every effort to do so before asking the government for a handout. Personal responsibility and self reliance are more highly regarded on my side of the culture war than are feelings and groupthink.

"My side of the culture war laughs at the hypocracy of the left when it says we care about children only until they are born, when in fact it is our side that also opposes euthanasia, the left's creeping culture of death, the killing of Terry Schiavo, and rejects the notion that Jack Kevorkian is some kind of hero.

"What bills will you introduce related to the culture war?

"Cross-dresser protection, in-state tuition and drivers' licenses for illegal aliens, new domestic partnership laws, all have passed in this year alone under the guise of expanding civil rights. Meanwhile, the Legislature sits quietly while courts abuse the concept of civil rights, for example, to outlaw parental notification laws or to harass the Boy Scouts. I will not sit quietly. I will oppose further enactment of the liberal agenda under the false flag of civil rights, and I will sponsor legislation that would undo activist court decisions.

"In addition, the family is under intense governmental pressure. Domestic partnership legislation threatens to undo Proposition 22 and change the nature of marriage. Minor children can obtain abortions without parental notification. We do not require teacher accountability standards but do permit young children to answer intrusive sex questionnaires. On the crime front, Megan's Law took a special session to be re-authorized yet ever harsher gun control laws are passed to thwart your efforts to protect yourself and your family. Meanwhile, hard earned money that should be used by parents as they see fit for their families is taxed away to support illegal aliens, open borders, and failed liberal big government. It is wrong. I will not support any piece of legislation that undermines parental authority."

STATEMENT, BACKGROUND, QUALIFICATIONS & WHAT WE FORGOT TO ASK The Newport Beach Republican Assembly asks you to provide a statement of your background, qualifications for Assembly and any other information you want to provide.

SEPARATE STATEMENT

I seek the open 70th Assembly District seat in order to promote in Sacramento the family friendly, low tax, pro-entrepreneur, and robust education policies needed to rescue this State.

The District includes Irvine, Newport Beach, Lake Forest, Laguna Beach, Laguna Hills, Aliso Viejo, Laguna Woods, and most of Tustin. My wife and I, with our three children, have lived in Irvine for more than a decade. We have sent our children to public schools and founded our own business in the District. I have also won elections in much of the District, serving the citizens for years as a college trustee.

I have volunteered for the GOP for years, walked precincts for our national, state, and local candidates, manned phone banks, served on a legal committee to stop liberal election day shenanigans, and was president of Republican Associates in the mid-'90s when we worked hard for Bob Dole. I was also the founder of the Orange County Chapter of the Federalist Society, a nationwide organization of lawyers, law professors, and judges. The Federalist Society has now replaced the leftist American Bar Association as chief outside advisor to the Bush Administration in its nomination of federal judges.

In addition to my work on behalf of Republican causes, I am active elsewhere in the community. I served on the board and for two terms as president of the Orange County chapter of the American Lung Association and have coached youth sports for a decade. I was a finalist for Irvine Citizen of the Year and was designated by the CWLA as a 2002 "Hero in Education."

I bring to the race a background of success in business, in charitable community work, and as an elected official within the District. No other candidate can match this record; it leaves me well positioned to win this race and to champion in Sacramento the values shared by so many of us around the District.

Specifically, I believe in the limited government envisioned by this nation's Founders. Government exists to secure God's blessing of liberty to ourselves, our families, and future generations. But a government that takes too much of the people's money, that regulates too much of our lives, that cannot balance its books, is not a government worthy of a free people. We must have in Sacramento officials dedicated to returning the government to its limited role. I will be that official.

When I was elected to guide a troubled college district, its finances were under State scrutiny, enrollment was flat, accreditation was in jeopardy, and campus dissension was widespread. Today, all that is past. The district's finances are robust. We are building new facilities without tax increases or incurring bond debt. Accreditation has been reaffirmed. Enrollment is up. Hard work, a commitment to educational excellence, and fiscally conservative leadership have led to a district renaissance.

As an incumbent official, I have also spent much time working with legislators in Washington, in Sacramento, and locally. I have testified before a joint committee of the Legislature on the importance of local government control and published numerous articles on public policy, legal issues, and education matters in the Orange County Register and in regional and national magazines. My fellow trustees twice have unanimously elected me to serve as the board's president. No other candidate in the race has the benefit of such preparation.

I ask you to please join me in my effort to serve as the Assemblyman for the 70th Assembly District. I envision a low tax and business and family friendly California. Together we can create a majority that can then realize this vision.