Initiative Analyses

April 27

A.G. File No. 2005-071

Judgements and Orders

The proposed initiative would do the following: require that a court order or judgment be vacated if it is proven that any fact supporting the order is false, prohibit the judge vacating the order or judgment from making any further orders or judgments in the case, and require that all opinions of the California Supreme Court and Courts of Appeal be published.

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March 21

A.G. File No. 2005-070

The California Public Employee Pension Reform Act

This measure makes major changes to state and local government employee retirement plans.

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March 21

A.G. File No. 2005-069

Unborn Children

Women currently may obtain abortions, and physicians may perform them, essentially on an elective basis. The initiative would amend the California Constitution to specify the following: “Each unborn person, upon conception, has the inalienable right to life while in utero.”

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March 17

A.G. File No. 2005-068

Two-Thirds Vote Preservation Act of 2005

The measure amends the Constitution by broadening the definition of “increased” taxes and what are considered state and local taxes.

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March 17

A.G. File No. 2005-067

The California Live Within Our Means Act (version 9)

This measure retains the existing appropriations limits, but adds a new limit on the annual growth in state expenditures. The measure eliminates the operation of Test 3 and maintenance factors; provides that future overappropriations may be counted as one-time funding, which would not raise the base upon which future Proposition 98 calculations are made; requires the payment of settle-up obligations for years prior to 2004-05 to be paid within 15 years; converts the 2005-06 outstanding maintenance factor to a one-time obligation that is required to be paid within 15 years. The measure also makes changes to the budget process relating to late budgets, midyear adjustments, and reporting requirements; and prohibits the suspension of Proposition 42 transfers after 2006-07.

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March 15

A.G. File No. 2005-066

Union Political Contributions

The proposed initiative prohibits the state and local governments from processing payroll deductions when any part of the amount deducted would be used for political purposes by a public employee union. The measure would not affect payroll deduction provisions in existing collective bargaining agreements.

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March 15

A.G. File No. 2005-065

California State Pharmacy Assistance Program (CAL Rx)

This initiative proposal would establish a new state program aimed at reducing the costs that certain low- and moderate-income residents of the state would have to pay for prescription drugs purchased at pharmacies.

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March 15

A.G. File No. 2005-064

Contingency Fees

This measure would (1) limit the amount that attorneys are able to collect in contingency fees in connection with tort, personal injury, or wrongful death cases to 20 percent; (2) prohibit attorneys from shifting litigation and expert witness fees to the client for payment as part of the contingency fee agreement; and (3) preclude attorneys from recovering referral fees.

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March 7

A.G. File No. 2005-063

Fair Minimum Wage Act of 2005

The measure would increase the state minimum wage from the current $6.75 per hour to $7.25 per hour effective January 1, 2006 and $7.75 per hour effective January 1, 2007. In addition, the measure would require the state to adjust annually—beginning January 1, 2008—the minimum wage rate based on inflation.

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March 4

A.G. File No. 2005-062

Fairness and Integrity in Redistricting Act (FAIR)

This measure amends the California Constitution to change the way boundaries of districts for the state Legislature, BOE, and the U.S. House of Representatives from California are determined.

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March 4

A.G. File No. 2005-061

Portable Retirement Security Act of 2005

The measure establishes a defined benefit retirement plan for private sector workers not currently covered by a plan with specified benefit and contribution levels. This new plan would apply to all individuals who work at least 40 hours per month for an employer with gross revenues exceeding $2 million annually.

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March 4

A.G. File No. 2005-060

Fair Minimum Wage Act of 2005

The measure would increase the state minimum wage from the current $6.75 per hour to $7.40 per hour effective January 1, 2006 and $7.90 per hour effective January 1, 2007. In addition, the measure would require the state to adjust annually—beginning January 1, 2008—the minimum wage rate based on inflation.

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March 4

A.G. File No. 2005-059

Tax Fairness Act of 2005

The measure changes the assessment of most nonresidential real property. For this property the annual assessment would be based on the fair market value of the property rather than on the acquisition price of the property. In addition, the measure exempts from property taxation the first $500,000 of value of personal property owned. The measure also provides that revenues raised from the increased property tax would be spent according to the following schedule: 50 percent of the revenues would go to school districts in the county of collection, with at least 10 percent of the amount so allocated spent on instructional materials. These would be counted as Proposition 98 funds and would be a supplement to the existing minimum funding guarantee; 20 percent would go to senior citizens’ property tax relief programs; 15 percent would go to transportation projects in the county of collection ; and 15 percent would go to enhance local public safety in the county of collection.

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March 4

A.G. File No. 2005-058

The No Urban Casino Act (version 3)

The measure amends the California Constitution and state statute to prohibit any gambling compact that would allow a tribal casino located in an “urban area.” The measure defines urban area to mean all land within 15 miles of an area determined by the 2000 U.S. Census to be an “urbanized area” (generally having a population of at least 50,000 people). The measure would not apply to any land of a tribe that, as of January 1, 2005, was eligible for gambling (by means of an existing compact). For any compacts affecting urban land that the state “must negotiate” (not defined by the measure), the measure requires the compacts to be approved by two-thirds votes of each house of the Legislature.

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March 4

A.G. File No. 2005-057

The No Urban Casino Act (version 2)

The measure amends the California Constitution to prohibit any gambling compact that would allow a tribal casino located in an “urban area.” The measure defines urban area to mean all land within 15 miles of an area determined by the 2000 U.S. Census to be an “urbanized area” (generally having a population of at least 50,000 people). The measure would not apply to any land of a tribe that, as of January 1, 2005, was eligible for gambling (by means of an existing compact).

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