Initiative Analyses

May 30

A.G. File No. 2003-011

Fee Enactment (Version 1)

The measure would amend the Constitution with voting requirements for tax increases and voting requirements for certain regulatory fees.

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April 30

A.G. File No. 2003-010

United Californians for Tax Reform

This measure would allow certain personal income tax (PIT) taxpayers earning less than a specified amount to benefit from a larger standard deduction than is currently available and have their resulting taxable income taxed at a new rate of 2.5 percent. The measure would result in a reduction in revenues that are raised from the PIT.

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April 28

A.G. File No. 2003-009

Parental Approval of Specified Sexual Instruction

This measure amends the State Constitution to require parental notification of the instruction of sex education. Specifically, the measure: requires notification regarding specific topics, requires approval for each instructional day, restricts instruction of certain topics to junior high and high schools, specifies contents of parental notification, allows for copying of materials or approval forms, and allows parents to collect damages for violations.

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April 28

A.G. File No. 2003-008

Parental Approval of Specified Sexual Instruction

This measure amends the State Constitution to require parental notification of the instruction of sex education. Specifically, the measure: requires notification regarding specific topics, requires approval for each instructional day, restricts instruction of certain topics to junior high and high schools, specifies contents of parental notification, allows for copying of materials or approval forms, and allows parents to collect damages for violations.

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April 25

A.G. File No. 2003-007

The California Property Rights Initiative

This measure amends the Constitution to define a variety of terms relating to the existing constitutional provision regarding property compensation. Generally speaking, this measure would make it easier for a property owner to receive compensation.

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April 17

A.G. File No. 2003-006

California Financial Privacy Act, Amendment No. 2-NS

This measure prohibits businesses involved in financial-related activities (as defined by federal law) from disclosing information and data about their customers unless they have obtained the customer’s consent (an “opt in” provision).

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April 15

A.G. File No. 2003-005

Prohibition of Cruel and Inhumane Confinement of Pigs Act, Amendment No. 1-NS

This statutory measure amends the Penal Code to prohibit the housing of a farm pig in an enclosure too small for the pig to turn around. Specifically, the measure does not apply when the animal is transported or during medical examinations. The measure also allows pigs to be housed in this manner during the seven-day period prior to the expected date of giving birth and until the weaning of its offspring.

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April 15

A.G. File No. 2003-004

Budget Accountability Act

This measure amends both the State’s Constitution and statute regarding changes in vote requirements, salaries and expenses for the Governor and Legislature, General Fund Reserve requirements, provision related to punishment of Legislators, and Ballot Pamphlet budget summaries.

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March 24

A.G. File No. 2003-003

The People’s Gaming Act

The measure amends the State Constitution to allow Las Vegas- and Atlantic City-type gaming in the City of Adelanto for a period of 28 years. The measure establishes the People’s Gaming Act Commission, a three-member body appointed by the Governor. This state commission would regulate gaming and issue gaming permits to the City of Adelanto.

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March 12

A.G. File No. 2003-002

California Peace Initiative

The federal government is responsible for the nation’s foreign policy. This measure requires the Governor to send the President and the leadership of Congress a specified statement in writing regarding U.S. foreign policy.

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March 3

A.G. File No. 2003-001

Fines for eligible voters who do not register or vote

This measure requires that any eligible voter who does not register or vote in a statewide election be fined no less than $50.

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December 9

A.G. File No. 2002-023

The Thomas Lomax Taxpayers' Protection Act

This initiative relates to the treatment under the Personal Income Tax (PIT) Law of court-ordered child support payments, as well as the establishment of certain administrative requirements with respect to the Franchise Tax Board (FTB) (File No. SA2002RF0023). The measure would (1) allow court-ordered child support payments to be deductible from income for PIT purposes and (2) establish a series of guidelines and procedures regarding taxpayers’ disputes with the FTB.

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November 18

A.G. File No. 2002-022

The Ratepayer Revolt Initiative

This statutory initiative provides that no electricity rate can be set at a level intended to generate revenues to offset losses the IOUs incurred while procuring electricity during the rate freeze period established under AB 1890. Accordingly, the measure applies to PG&E and SCE, since they had not recovered all of their stranded costs and were still subject to the rate freeze when electricity prices skyrocketed. In contrast, SDG&E had already recouped its stranded costs and was no longer affected by the rate freeze established under AB 1890 when the crisis hit. The initiative also specifies that any revenues collected prior to the enactment of this initiative by the IOUs for the purpose of offsetting these losses must be rebated to the ratepayers.

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August 15

A.G. File No. 2002-017

Reform the alternative minimum tax (AMT)

This statutory initiative amends state law to exclude from the AMT calculation any income resulting from the exercise of ISOs. Thus, the difference between the option price and the market price would not be considered income for AMT purposes. This change would result in a reduction in revenues stemming from the AMT. There would be some offsetting increases in revenues from the regular PIT in future years as the assets are sold. This is due to the fact that the AMT would no longer apply to exercised ISOs and thus no credits would be available in future years from the AMT on exercised ISOs.

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August 13

A.G. File No. 2002-016

California Clemency Board

This measure would repeal the Governor’s authority to grant clemency and instead transfer clemency authority to the California Clemency Board, which would consist of county clemency boards. Each county would have at least one board of five citizens randomly selected from the pool of registered voters. The board would be responsible for reviewing and taking action on clemency requests from prisoners whose committing offense occurred in that county. The local clemency boards would have the authority to release prisoners, commute sentences, or concur with the inmate’s current sentence. A statewide elected officer whose responsibilities would include accepting clemency petitions from the public, processing clemency petitions for review, and undefined financial responsibilities would administer the local clemency boards.

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