Initiative Analyses

September 18

A.G. File No. 2007-046

The Corporate Accountability Act

This measure would establish a new civil penalty for corporate fraud related to the purchase and sale of securities. Specifically, a corporation could be held liable for any financial benefit it gains as a result of securities fraud. Further, a corporate executive who willfully engages in securities fraud could be held liable for the compensation he/she receives during the period in which the violation(s) occurs. Any penalties ordered by the court pursuant to this measure would be deposited into an existing state-administered special fund to pay restitution to victims of corporate fraud.

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September 18

A.G. File No. 2007-045

The No Say No Pay Act

This measure would prohibit a California corporation from entering into an agreement regarding the compensation of any member of its board of directors and the ten most highly compensated executive officers without the approval of a majority of the shareholders. The director(s) of a corporation who approve the agreement would be liable for any illegal compensation. The measure would further require publicly-traded California corporations and out-of-state corporations that conduct business in California to annually disclose information pertaining to the compensation of executive officers and all other employees working over 35 hours a week. This information would be filed with the Secretary of State, as well as posted on the corporation’s Web site.

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September 18

A.G. File No. 2007-044

California Class Action Reform and Corporate Accountability Act

This measure changes state law relating to class action lawsuits, punitive damage awards, and unfair competition lawsuits. The measure states that its provisions apply only to cases filed on or after its enactment. Some of the most significant provisions of this measure are Policy Favoring Class Action Cases Placed in Statute, Easier Standards to Qualify Some Class Action Cases, Rules for Class Action Lawsuit Notices Modified, Restrictions Imposed on Class Action Coupon Settlements, Punitive Damages and Lawsuits by Certain Nonprofit Agencies Permitted.

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September 18

A.G. File No. 2007-043

California Class Action Reform and Corporate Accountability Act

This measure changes state law relating to class action lawsuits and punitive damage awards. The measure states that its provisions apply only to cases filed on or after its enactment. Some of the most significant provisions of this measure are Policy Favoring Class Action Cases Placed in Statute, Easier Standards to Qualify Some Class Action Cases, Rules for Class Action Lawsuit Notices Modified, the Restrictions Imposed on Class Action Coupon Settlements and Punitive Damages.

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September 14

A.G. File No. 2007-042

California Prevention of Farm Animal Cruelty Act

Effective January 1, 2015, this statutory measure would prohibit with specified exceptions, the confinement on a farm of pigs, calves, and hens in a manner that does not allow them to turn around freely, lie down, stand up, and fully extend their limbs. Under the measure, any person who violates this law is guilty of a misdemeanor and may be punished by a fine of up to $1,000 or imprisonment in county jail for up to six months.

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September 14

A.G. File No. 2007-041

California Prevention of Farm Animal Cruelty Act

Effective January 1, 2015, this statutory measure would prohibit with specified exceptions, the confinement on a farm of pigs, calves, and hens in a manner that does not allow them to turn around freely, lie down, stand up, and fully extend their limbs. Under the measure, any person who violates this law is guilty of a misdemeanor and may be punished by a fine of up to $1,000 or imprisonment in county jail for up to six months.

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September 11

A.G. File No. 2007-040

Prisoner Rights Act of 2008

This initiative would expand prisoners’ legal rights in several ways. The measure repeals an existing statute that permits correctional officials to prohibit inmates from receiving obscene written materials. In addition, it states that the only restrictions on inmate rights that are permitted are those denied them by the state or federal Constitutions or the state Penal Code.

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September 11

A.G. File No. 2007-039

California Prison Population Reduction Act of 2008

This measure contains various provisions that affect the amount of time certain offenders serve in state prison, including increased worktime credits, maximum prison time established for inmates with life sentences, and repeal of the three strikes law.

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August 28

A.G. File No. 2007-034

Children’s Hospital Bond Act of 2008

This measure authorizes the state to sell $980 million in general obligation bonds for capital improvement projects at children’s hospitals. The measure specifically identifies the five University of California children’s hospitals as eligible bond fund recipients. There are additional children’s hospitals that meet the other eligibility criteria specified in the measure, which are based on hospitals’ performance in 2001 or 2002.

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August 24

A.G. File No. 2007-033

Dietary Supplement Initiative

This measure expands the definition of medical care expenses deductible for state PIT purposes to include purchases of dietary supplements and food for special dietary needs, as defined.

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August 21

A.G. File No. 2007-032

The Presidential Election Reform Act

This initiative alters existing procedures for selection of presidential electors by requiring that political parties nominate an elector in each congressional district and two electors on a statewide basis. The elector of the political party which receives the highest number of votes in each congressional district would be certified as the state's presidential elector of that district. Similarly, the two electors of the political party which receives the plurality of statewide votes would be certified as the statewide electors. This initiative also eliminates the authorization for compensation to electors or reimbursement of their travel expenses.

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August 20

A.G. File No. 2007-031

California Flat Tax

This measure makes several changes to California’s existing tax laws. Specifically, it: repeals the personal income tax, reduces corporate tax rates, and increases the sales and use tax rate by 5.5 percentage points.

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August 17

A.G. File No. 2007-030

California Class Action Lawsuit Fairness Act

This initiative repeals two existing state statutes relating to the filing and conduct of class action lawsuits and replaces them with revised and more detailed statutes for this same basic purpose. In so doing, this measure reenacts part of the two existing state statutes. It also places into statute some existing court rules and judicial rulings relating to the conduct of class action cases.

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August 16

A.G. File No. 2007-029

The McCauly-Rooker Wealth Tax and Oceans Preservation Act

This measure contains the following main provisions: establishes a wealth tax, taxes people when they die or leave the state, and makes changes to the personal income tax.

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August 15

A.G. File No. 2007-028

California Prevention of Farm Animal Cruelty Act

This statutory measure would prohibit with specified exceptions, the confinement on a farm of pigs, calves, and hens in a manner that does not allow them to turn around freely, lie down, stand up, and fully extend their limbs. Under the measure, any person who violates this law is guilty of a misdemeanor and may be punished by a fine of up to $1,000 or imprisonment in county jail for up to six months.

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