Initiative Analyses

March 14

A.G. File No. 2006-021

The Repeat Criminal Offender/Three Strikes Fair Sentencing Act of 2006

This measure changes the way that felonies are classified in statute. Felony offenses currently listed as violent felonies would be referred to as “Class A” felonies. Serious offenses would be reclassified as “Class B” felonies, and those felonies that are not listed as serious or violent would be identified as “Class C” felonies.

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March 13

A.G. File No. 2006-020

The Truth in Initiatives Act of 2006

Under current law, individuals and committees involved in supporting or opposing ballot measures must file campaign finance information with the Secretary of State (SOS). The requirements of what types of information and when to file vary depending on the type of committee. Filings are available to the public, primarily through the SOS’s Web site. This measure requires the Legislative Analyst’s Office (LAO) to categorize the “nature and interest” of individuals and committees contributing to the support or opposition of ballot measures (such as what industries made the contributions). The LAO would categorize this information a number of times throughout each election cycle, using information provided by SOS. The summary information would be included in the voter information guide, sample ballot, ballot, the LAO’s Web site, and campaign advertising.

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March 28

A.G. File No. 2006-019

Community College Governance, Funding Stabilization, and Student Fee Reduction Act (Amendment #2-S.)

This measure amends the state Constitution and state law in a variety of ways to change community college funding requirements, fee levels, and governance. Establishes a Minimum Annual Funding Level for Community Colleges. This measure changes the Proposition 98 formula by establishing separate funding guarantees for the community college system and for the K-12 system. Beginning in 2007-08, the total amount of General Fund and local property tax revenues allocated to school districts and community colleges under Test 2 and Test 3 would be calculated separately for each system. (Test 1 would continue to be calculated as one number covering both K-12 and community colleges.) In Test 2 and Test 3 years, the minimum funding guarantee for K-12 schools would increase according to the existing Proposition 98 formula, based on growth in the economy and K-12 attendance. For community colleges districts, however, the minimum funding guarantee would increase based on economic growth and changes in the college-age population, as well as other specific factors. Specifically, starting in 2007-08, the community colleges’ enrollment growth factor would be the sum of the following percentages: The greater of (1) the percentage change in the population of California residents between 17 and 21 years of age or (2) the percentage change in the population of California residents between 22 and 25 years of age. The prior year’s unemployment rate, less 5 percent. (This factor would be applicable only when the unemployment figure was above 5 percent.) Irrespective of the above calculations, the community college growth factor is capped at 5 percent in any year. In addition, the growth factor cannot be less than 1 percent so long as the percentage of state residents enrolled at community colleges is less than the average enrollment rate over the preceding 20 years. Establishes Share of Maintenance Factor for Community Colleges. Community colleges would receive 10.46 percent of any funds the Legislature allocates as repayment of the Proposition 98 maintenance factor that exists at the time this measure becomes effective. This is roughly the percentage of total Proposition 98 revenues that was allocated to community colleges in 2005-06. Reduces and Caps Education Fees for Students. The measure reduces the per unit fee to $20 or, if it is lower, the fee existing upon enactment of the measure. The current fee is $26 per unit. In addition, the measure caps annual fee increases at 10 percent or, if it is lower, the percentage change in per capita personal income in California. It also specifies that any changes to the fee shall be effective for the fall academic term that follows at least 60 days after the fee change is approved. The measure does not require any fee increase, however. Exempts Executive Officers of the BOG from Civil Service. The measure amends the State Constitution to exempt executive officers of the BOG from state civil service regulations. It also authorizes the Board of Governors (rather than the Governor) to appoint a Chancellor and up to six deputy chancellors and vice chancellors as its executive officers. Establishes Community Colleges in State Constitution. The state Constitution currently mentions the community colleges in various financial contexts, but does not formally establish or define the community colleges. (This is done instead through state statute.) This measure more formally recognizes the community college system in the state Constitution. The measure also establishes the community colleges BOG in the Constitution. In doing this, it makes a number of changes to the composition of the board, including an increase in its membership from 16 voting members to 19 voting members. The measure also provides the BOG with the authority to employ and set the compensation for its executive officers.

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March 10

A.G. File No. 2006-018

California Marriage Definition Act

Federal Laws. The U. S. Constitution does not define marriage nor does it require states to define marriage. Current federal law only recognizes marriage between a man and a woman. (The law affects matters such as the receipt of federal benefits and federal taxes.) State Laws. The State Constitution currently does not define marriage. Under current California statute, only marriage between a man and a woman is valid and recognized. Couples of the same sex or unmarried couples of the opposite sex where at least one partner is 62 years or older may register as domestic partners. In most instances, registered domestic partners are provided the same rights and benefits as married couples. Rights of marriage include, but are not limited to, alimony and community property rights.

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March 9

A.G. File No. 2006-017

The Three Strikes Reform Act of 2006 (Amendment #1-NS)

The Three Strikes measure, adopted in 1994, imposed longer prison sentences upon an offender who had prior convictions for crimes classified as either violent or serious. The law specifically requires that an offender who has one prior serious or violent felony conviction shall receive a prison sentence that is twice the term otherwise required by law for a conviction of any new felony offense. These offenders are sometimes referred to as “second-strikers.” If the offender has two or more previous serious or violent felony convictions, the mandatory prison sentence upon conviction for any new felony is at least 25 years to life. These offenders are sometimes referred to as “third-strikers.”

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March 17

A.G. File No. 2006-015

The California Clean Money and Fair Elections Act of 2006 (Amendment #2-S.)

This statutory measure makes significant changes to the financing of campaigns for elected state offices by (1) establishing public financing for candidates meeting certain conditions, (2) reducing existing contribution limitations, and (3) making other changes to election procedures. The measure’s provisions generally apply to primary and general elections for statewide officers and members of the Legislature and Board of Equalization.

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March 21

A.G. File No. 2006-014

California Prisoner Rehabilitation Act. (Amendment #1-S)

This measure changes the conditions under which inmates may participate in family visiting. Three of the changes would limit the number of inmates who could participate in family visits, while one change would expand the number of inmates who could participate in such visits. The provisions that would reduce the number of inmates eligible for family visits are the requirements that participating inmates (1) have a high school diploma or equivalent, (2) undergo random drug tests, and (3) participate in Alcoholics Anonymous or Narcotics Anonymous (AA/NA) if the prison provides these programs. The provision that would potentially increase the number of eligible inmates is one that allows lifers to participate in family visiting.

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February 17

A.G. File No. 2006-012

Corporate Political Accountability Act

This measure restricts corporations with stockholders from making political contributions (for candidates, ballot measures, issue advocacy, and other political activities) unless the stockholders authorize the contributions. Specifically, the measure requires stockholders to approve the total amount of political contributions for the subsequent fiscal year.

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February 17

A.G. File No. 2006-011

Build Homes Safe and Sound Act of 2006 (version 3)

This statutory measure expands the conditions under which homeowners can sue builders for construction defects in residential properties built prior to 2003 and any condominium conversions. (Residential construction since that time would continue to be governed by current law.) Specifically, under the measure, homeowners could sue builders even if a construction defect resulted in no physical damage.

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February 17

A.G. File No. 2006-010

Safe Homes of California Act of 2006 (version 2)

The measure expands the conditions under which contractors could have their licenses suspended. In any three-year period, if a licensee had more than one judgment of over $100,000 related to “intentionally, willfully, or recklessly” failing to comply with construction requirements, the license would be suspended for five years.

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February 17

A.G. File No. 2006-009

The Safe and Sound Homes Act of 2006 (version 1)

This statutory measure expands the conditions under which homeowners can sue builders for construction defects in residential properties built prior to 2003 and any condominium conversions. (Residential construction since that time would continue to be governed by current law.) Specifically, under the measure, homeowners could sue builders even if a construction defect resulted in no physical damage.

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March 3

A.G. File No. 2006-007

The Truth in Initiatives Act of 2006 (version 2) (Amendment #1-S)

This measure requires the Legislative Analyst’s Office (LAO) to categorize the “nature and interest” of individuals and committees contributing to the support or opposition of ballot measures (such as what industries made the contributions). The summary information would be included in the voter information guide, sample ballot, ballot, the LAO’s Web site, and campaign advertising. This measure restricts corporations with stockholders from making political contributions for or against ballot measures (or potential ballot measures) unless the stockholders authorize the contributions. The initiative requires that stockholders vote separately on each ballot measure.

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February 16

A.G. File No. 2006-006

The Truth in Initiatives Act of 2006 (version 1). (Amendment #1-NS)

This measure restricts corporations with stockholders from making political contributions for or against ballot measures (or potential ballot measures) unless the stockholders authorize the contributions. The initiative requires that stockholders vote separately on each ballot measure.

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March 1

A.G. File No. 2006-005

The Repeat Criminal Offender/Three Strikes Fair Sentencing Act of 2006 (Amendment #2-NS)

Redefines Types of Felonies. This measure changes the way that felonies are classified in statute. Felony offenses currently listed as violent felonies would be referred to as “Class A” felonies. Serious offenses would be reclassified as “Class B” felonies, and those felonies that are not listed as serious or violent would be identified as “Class C” felonies.

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February 9

A.G. File No. 2006-004

Redistricting Reform: The Empowering Democracy Act

This measure amends the California Constitution to change the redistricting process for the state Legislature, Board of Equalization, and California members of the U.S. House of Representatives.

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