Initiative Analyses

November 4

A.G. File No. 2005-104

Voters' Right to Protect Marriage Initiative (version 3)

This measure amends the State Constitution to recognize marriage only between a man and a woman. In addition, the measure prohibits the Legislature, courts, and state and local government agencies from granting the rights of marriage to any unmarried persons. The measure also prohibits government agencies from requiring private entities to extend the rights of marriage to unmarried persons.

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November 21

A.G. File No. 2005-103

California Responsible Consumers of Alcoholic Beverages Statute (Amendment #2-S)

This measure prevents the state from implementing certain regulatory actions related to the consumption and transportation of alcohol. Specifically, the measure prevents the implementation of state laws that would (1) Make it a crime for parents to share alcoholic beverages with their children, (2) Prohibit the transportation of partially consumed alcohol, (3) Regulate the importation from international sources of alcohol for personal consumption, and (4) Confiscate alcoholic beverages under specified circumstances.

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October 28

A.G. File No. 2005-102

California Marriage Protection Act (version 4)

This measure amends the State Constitution to recognize marriage between a man and a woman as the only legal union of two people.

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November 1

A.G. File No. 2005-101

State Holidays

The measure adds statewide general election dates to the list of state holidays. These elections occur twice—in June and November—every even-numbered year (one election in every fiscal year).

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October 27

A.G. File No. 2005-100

Voters' Right to Protect Marriage Initiative (version 2)

This measure amends the State Constitution to recognize marriage only between a man and a woman. In addition, the measure prohibits the Legislature, courts, and state and local government agencies from granting the rights of marriage to any unmarried persons. The measure also prohibits government agencies from requiring private entities to extend the rights of marriage to unmarried persons.

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October 21

A.G. File No. 2005-099

The Illegal Immigration Reform Act

This measure directs the Department of Motor Vehicles (DMV) to issue drivers’ licenses that are in compliance with the Federal Real ID Act of 2005. Under the act, an individual in a noncompliant state could not use their license for various activities—such as opening a bank account, traveling on a plane, or collecting Social Security payments. Given the general importance of having such a license, it is likely that DMV would issue drivers’ licenses that comply with the act even in the absence of this initiative. The measure specifically precludes the state from providing drivers’ licenses to undocumented immigrants that can be used for identification purposes. The DMV does not now do so; thus, this provision would not change DMV’s current practice. The measure also doubles the penalties for the manufacture and sale and use of false citizenship documents, requires all California voters to show identification at a polling place when voting, the state and local governments’ option that currently exists under the federal law to provide public benefits to nonqualified aliens, and prohibits the state from providing postsecondary college education to undocumented aliens.

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October 17

A.G. File No. 2005-098

Tobacco Tax and Disease Prevention Act of 2006

This measure increases the existing excise tax on cigarettes by $1 per pack effective January 2007. Existing state law requires the Board of Equalization to increase taxes on other tobacco products—such as loose tobacco and snuff—in an amount equivalent to any increase in the tax on cigarettes. Thus, this measure would also result in a comparable increase in the excise tax on other tobacco products. This measure specifies that all of the additional tobacco revenues (including those on other tobacco products) be used to support various new and existing health programs and for programs to curb tobacco use and regulate tobacco sales.

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October 11

A.G. File No. 2005-097

The Emergency Services and Tobacco Tax Act of 2006

This measure increases the existing excise tax on cigarettes by $1.50 per pack and uses the resulting revenue to provide additional funding for hospitals for emergency and trauma medical care and for other health and education programs. If this measure were placed on the June 2006 ballot, the tax increase would take effect in July 2006. Otherwise, the tax increase would take effect in January 2007.

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September 29

A.G. File No. 2005-096

The McCauley-Rooker Tax Equity and Fiscal Responsibility Act

The measure: institutes a state wealth tax levied on those estates of living individuals with values in excess of about $40 million as of January 1, 2007; reduces the corporation tax (CT) rate from 8.84 percent to 4 percent, reduces the CT minimum tax, and enacts various other changes to the CT; eliminates or restricts certain so-called tax expenditure programs; and establishes several new tax programs.

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October 13

A.G. File No. 2005-095

Taxation Elimination Medical Compensation, Uninsured Healthcare Coverage, Healthcare Cost Reduction. (Amendment #1-S)

This measure provides various state tax advantages to doctors, nurses, and other health professionals who provide health care to uninsured patients. The measure provides that, under specific conditions, certain doctors, other health professionals, and medical centers could avoid paying state income taxes on all, or a portion, of their income.

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September 21

A.G. File No. 2005-094

Equal Custody

The proposed initiative amends current law to establish the concept of “equal custody,” in which the child’s time would be equally split between the parents. The initiative further amends current law to state that equal custody is in the best interest of the child, and should be provided to the greatest degree practicable.

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September 9

A.G. File No. 2005-093

California Marriage Protection Act

This measure amends the State Constitution to recognize marriage between a man and a woman as the only legal union of two people.

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September 2

A.G. File No. 2005-092

Sexual Predator Punishment and Control Act: Jessica’s Law

The measure would (1) increase penalties for some sex offenses, (2) require certain sex offenders to wear global positioning system (GPS) devices for life after release from prison, (3) limit where registered sex offenders can live, and (4) make more offenders subject to commitment to state mental hospitals as Sexually Violent Predators (SVPs).

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August 24

A.G. File No. 2005-091

Responsible Gaming, Population Segment Investment and Military Troop/Family Support

This measure amends the Constitution to allow Las Vegas-style gambling within a “gaming district” that would be established in San Bernardino County.

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August 19

A.G. File No. 2005-090

California Identity Theft and Personal Information Protection Act

This measure increases existing penalties for persons convicted of certain identity theft crimes.

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