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by the California Taxpayers' Association. Cal-Tax Home Page | About Cal-Tax | Subscribe
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| Ballot Propositions |
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| Analyses of June 1998 Ballot Propositions | |||||||||||||||||||||
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Proposition
219 Sponsor: Senator John Lewis. Legislative History: SCA 18 (1996); Assembly Floor (57-15); Senate Floor (28-1). Major Provisions:
Background: Measure A in Sacramento County, which failed on the November 1994 ballot, proposed an increase in the sales tax. If passed by a two-thirds vote, the new revenue would have been dedicated to sheriffs and probation departments; if passed by a majority vote, the revenue would have gone into the county's general fund. Policy Considerations: Should voters know what they're voting for at the time they're voting and that the measure's effect will not vary depending on the level of support? Fiscal Impact: Support Arguments: The measure would guarantee that benefits of ballot measures are provided to all Californians. Support Arguments Signed by: Senator John Lewis and Matthew Webb, member, Western Valleys Group of Riverside County. Opposition Arguments: None
filed. |
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Proposition
220 Sponsor: Senator Bill Lockyer. Legislative History: SCA 4 (1996); Assembly Floor (58-1); Senate Floor (38-0). Major Provisions:
Background: Court consolidation has been an issue for a number of years. In 1982, voters rejected Proposition 10. Several other court consolidation proposals have failed in the Legislature. In 1994, voters approved Proposition 191, which converted all justice courts to municipal courts. Sacramento, Riverside, and Ventura counties have already accomplished some consolidation of court systems by combining the municipal and superior court calendars, jury systems, administrative structures, computer systems, and cross-assigning many judges to work in both systems. These changes can be accomplished under current law and are thought to have produced efficiencies. Policy Considerations: Would unification lower or increase the standards of service? Would unification raise costs to the extent that judges are paid at superior court rates to perform municipal court work? The municipal court, a traditional training ground for superior court, would be eliminated, and governors would no longer be able to test individuals in the municipal court before elevating them to superior court. Elevations of current municipal court judges to superior court would occur without action by a governor, or examination of the municipal court judges by the local or state bar. Is total consolidation necessary, or does partial consolidation, as done in several counties under current law, provide enough savings and efficiencies? Fiscal Impact: Administrative savings, if any, would likely be found in elimination of redundancies in personnel and information technology. Experience with partial consolidations suggests that costs would not actually decrease, but growth in costs would slow, some future cost increases could be avoided, and courts would be more able to handle their workload within existing resources. Taxpayers: No direct fiscal impact. Support Arguments: Consolidating courts would help speed resolution of civil and criminal cases. The backlogs in the system are causing early release of dangerous criminals. Proposition 220 would save taxpayers money by more efficiently using the courts' resources. Support arguments signed by: Senator Bill Lockyer; Joel Fox, president, Howard Jarvis Taxpayers Association; Sheriff Charles Byrd, president, California State Sheriffs' Association. Opposition Arguments: It would eliminate the "people's court," which has been an effective and efficient system for handling small, but important, cases. The measure would not save money, but would increase costs for judges' pay and retirement benefits. All of the claimed economic efficiencies can be accomplished by simpler legislation without combining the courts. Opposition arguments signed by: Mike Reynolds, author of Three Strikes and You're Out Law; Lewis Uhler, president, National Tax Limitation Committee; and Edward Jagels, Kern County District Attorney. |
Does court consolidation facilitate the administration of justice and provide for cost savings? | ||||||||||||||||||||
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Proposition
221 Sponsor: Senator Tim Leslie. Legislative History: SCA 19 (1996); Assembly Floor (72-1); Senate Floor (39-0). Major Provisions:
Background: The Commission on Judicial Performance was established to provide discipline for elected judges without impeachment proceedings. Disciplinary options include private admonishment, public censure and removal from office. During the past two years, the commission sent advisory letters in five cases reprimanding a presiding judge for failing to respond, or for failing to develop a policy for responding to complaints regarding subordinate judicial officers. Policy Considerations: Fiscal Impact: Support Arguments: This measure, which received strong bipartisan support in the Legislature, will allow the Commission on Judicial Performance to discipline court commissioners who put Californians at risk by their bad decisions. Support arguments signed by: Senator Tim Leslie; Kate Killeen, president, Women Prosecutors of California; and George Kennedy, president, California District Attorneys Association. Opposition Arguments: None filed. |
The limited tenure and frequent turnover of presiding judges makes it difficult to achieve consistency in supervision of commissioners and referees. Is there a statewide interest in consistent disciplinary actions toward all judicial officers? | ||||||||||||||||||||
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Proposition
222 Sponsor: Assemblyman Rod Pacheco. Legislative History: AB 446 (1997); Assembly Floor (74-1); Senate Floor (33-0). Major Provisions:
Background: Because this proposal would amend an initiative statute, it must be approved by the voters to take effect. Policy Considerations: Fiscal Impact: Support Arguments: Peace officers risk their lives for us and deserve our protection. Support arguments signed by: Assembly Member Rod Pacheco; Senator John Lewis; and Governor Pete Wilson. Opposition Arguments: None filed. |
Prison populations have grown faster than other government caseloads, and that growth has caused rapidly rising prison costs. Do the benefits of this policy outweigh the costs? | ||||||||||||||||||||
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Proposition
223 Sponsor: Tyrone Vahedi, United Teachers of Los Angeles. Major Provisions:
Background: According to a survey of 400 school districts by the Association of California School Administrators, on average, smaller districts spend a greater share on administration than larger districts. The smallest districts, those with less than 500 pupils, average about 10.9 percent in administrative costs as defined by the initiative. The largest districts, those with more than 75,000 pupils, have average administrative costs of about 6.7 percent. A 1995 study of education spending conducted by the Rand Corporation found the average ratio of classroom instruction to administration to be about 94 percent classroom to 6 percent administration. "When all funds are considered," the report said, "school site expenditure equals 94 cents of each educational dollar." The state Department of Finance and the Legislative Analyst's Office estimated that of the $27.7 billion in school district revenues from all sources in 1993-94, $1.9 billion or 6.9 percent was spent on administration as defined in "95/5." Policy Considerations: Performance audits, efficiency reviews, and tracking administrative spending would be beneficial, but would the benefits outweigh the costs of complying with the 5 percent limit? This proposal would transfer authority for determining levels of local school expenditures from an elected school board to a constitutional formula. Would this hinder a local authority's ability to manage the affairs of a school district? The initiative's formulas would be applied uniformly to all California school districts without regard to their many differences in makeup and need. Small districts would have the least flexibility to rearrange functions and finances to comply with the initiative and may be more likely to be hurt by penalties in the measure. This measure would create new mandates upon school districts, such as management audits and fiscal efficiency reviews. In addition, it would require a new report that links every school district expenditure with "achievement of specific performance outcomes." Is it really necessary to do that every time a district pays a telephone bill or buys new brooms for the janitors? Would the measure undermine efforts to establish accountability standards by designating to the 5 percent any expenditures for student, teacher, and program evaluation, remediation and removal of personnel, and test development and reporting? Fiscal Impacts: This measure would not change overall school spending because
Proposition 98 requires a specific funding amount each year for
K-14 schools. Within the Proposition 98 amounts, however, spending
would shift from administrative categories to the other categories
mentioned above. Support Arguments: The national average for administrative costs is 4.8 percent, but California spends twice that amount. Opponents are spreading myths because they have a vested interest in the status quo. Support arguments signed by: Richard Riordan, mayor, city of Los Angeles; U.S. Senator Dianne Feinstein; Tyrone Vahedi; Congressman Howard Berman, and Steven Soboroff, chairman, Big Brothers of Greater Los Angeles. Opposition Arguments: If implemented today, 90 percent of school districts would lose $200 per child. The measure allows for no exceptions to the 5 percent limit, not even for natural disasters. Opposition arguments signed by: James Livingston, president, California Association of Suburban School Districts; Alvin Sandrini, president, Small School Districts' Association; Rhoda Coleman, California Teacher of the Year, 1995; Rosaline Turnbull, president, California State PTA; Stephen Bock, California Teacher of the Year, 1997, and Rusty Herod, president, California School Employees Association. |
Performance audits, efficiency reviews, and tracking administrative spending would be beneficial, but would the benefits outweigh the costs of complying with the 5 percent limit? | ||||||||||||||||||||
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Proposition
224 Sponsor: Professional Engineers in California Government (PECG), the union representing some 10,000 state Department of Transportation (Caltrans) engineers. Summary: The initiative establishes a new process for determining who should perform engineering, architectural and related services involved in the construction and maintenance of public structures in California. Major Provisions:
Background: In 1993, the magnitude of contracted out design work amounted to about 20 percent to 25 percent of all Caltrans engineering posi-tions, or equal to about $150 million of work, according to a Stanford Research Institute study commissioned by the Legislature. Proposition 224 is PECG's response to this situation; the union is assessing members $15 per month to pay for the initiative effort. Policy Considerations: Should a single official, elected by popular vote, be charged with deciding whether design work worth perhaps billions of dollars will be performed in the public or private sector? The initiative appears to compel the Controller, in comparing costs between Caltrans and engineering firms, to limit state costs to be used in the public vs. private comparisons. Is this the case, and if so, will the private sector be able to compete for design projects? Is cost comparison by itself an adequate standard by which to determine who shall provide design work? Should the process for determining who performs any public function, such as design work, be determined by initiative? Fiscal Impact: Support Arguments: Local governments, such as Los Angeles County Metropolitan Transportation Authority and Alameda, Fresno, San Diego, and Santa Barbara counties, which now contract with Caltrans for engineering services, have saved millions of dollars by having Caltrans do the work. The initiative would hold private companies financially liable for mistakes in the design and construction of public facilities. Support arguments signed by: Don Brown, president, California Organization of Police & Sheriffs (COPS); Ben Hudnall, business manager, Engineers & Scientists of California; Wood Allshouse, president, CDF Firefighters; Arthur Duffy, chairman, Taxpayers for Competitive Bidding; Lois Wellington, president, Congress of California Seniors; Edmundo Lopez, president, Hispanic Contractors Association, and Sally Reed Impastato. Opposition Arguments: Taxpayers will lose if Caltrans, whose overhead costs for projects are already more than twice as much as the national average, is put in charge of design work on all public projects. The initiative stacks the deck against private firms which now design, on a competitive basis, the vast majority of public structures in California. Opposition arguments signed by: Professor Paul Fratessa, former chair, Seismic Safety Commission; Allan Zaremberg, president, California Chamber of Commerce; Jane Armstrong, state chairman, Alliance of California Taxpayers and Involved Voters; Larry McCarthy, president, California Taxpayers' Association; Loring Wyllie, Jr., past president, Earthquake Engineering Research Institute, and Ron Bates, president, League of California Cities. |
Should a single official, elected by popular vote, be charged with deciding whether design work worth perhaps billions of dollars will be performed in the public or private sector? | ||||||||||||||||||||
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Proposition
225 Sponsor: David Alessio. Major Provisions:
Background: This measure would not enact term limits, but would attempt to encourage state legislators, members of Congress and senators to pass a U.S. constitutional amendment. However, the proponents acknowledge that the U.S. Supreme Court has invalidated measures like Proposition 225 in other states, and they have discontinued advocating passage of this measure. Fiscal Impact: Support Argument: However, nothing is more important to the future of our country than returning Congress to the citizen legislature designed by our Founders. (Supporters said they would pursue a "constitutional" measure for the November ballot.) Support argument signed by: Sally Reed Impastato. Opposition Arguments: Voters don't need term limits to "throw the bums out." Power brokers will fill the decision-making vacuum. The California Legislature has been taken over by narrow special interests because of term limits. The same mistake should not be made with Congress. Opposition arguments signed by: Mark Whisler, president, Sacramento City Taxpayers' Rights League. |
However, the proponents acknowledge that the U.S. Supreme Court has invalidated measures like Proposition 225 in other states, and they have discontinued advocating passage of this measure. | ||||||||||||||||||||
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Proposition
226 Sponsor: Mark W. Bucher, James M. Righeimer and Frank L. Ury, California Foundation for Campaign Reform. Major Provisions:
Background: Policy Considerations: Would this measure be judged unconstitutional if it limits an organization's ability to engage in political "free speech?" Fiscal Impact: Support Arguments: Unless changes are made, union bosses, not individual union members, will decide how members' money is spent. Union leaders fear having to seek members' consent to spend members' money. Union members overwhelmingly supported "three strikes" legislation for habitual criminals; union leaders spend members' money to oppose three strikes. This measure will also prevent foreign money from buying political influence. The campaign to defeat this measure will be financed by union members who overwhelmingly support it. Support arguments signed by: Governor Pete Wilson; Elizabeth Lee, member, California Teachers' Association; Robert Eisenbeisz, member, United Electrical Workers, Local 99; Mark Bucher, president, California Foundation for Campaign Reform; Linda Hunt, member, California Nurses Association, and Roger Hughes, member, California Federation of Teachers, AFL-CIO. Opposition Arguments: This measure is funded by out-of-state interests to protect big business. The State Controller estimates it will cost millions of dollars to enforce. Corporate interests contribute more for political purposes than do employee organizations. Union members typically give one or two dollars monthly. Opposition arguments signed by: Don Brown, president, California Organization of Police and Sheriffs; Lois Wellington, president, Congress of California Seniors, and Kit Costello, registered nurse and president, California Nurses Association. |
This measure would mostly affect unions, including unions of public employees. Would this measure significantly weaken influence of the "spending lobby" on public policy and public finance? | ||||||||||||||||||||
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Proposition
227 Sponsor: Ron K. Unz and Gloria Matta Tuchman. Major Provisions:
Background: The initiative's sponsors say about $300 million a year is spent on bilingual education in California, but EdSource, a California education research group, says the total amount is difficult to determine because of the "multiplicity of sources." The initiative's sponsors say about 5 percent of students in bilingual education are moved into mainstream English instruction each year. Surveys show that a substantial majority of immigrant parents want their children to learn English as soon as possible and that learning English is viewed as one of the most important determinants of economic success. Policy Considerations: Opponents agree that learning English is one of the most important factors in a child's success, but they desire to continue bilingual education. They believe that the approach used in this initiative would deprive students of quality education in non-language skills, such as math, science, history and civics. They advocate continuing foreign language instruction to ensure that children understand these kinds of subjects. Fiscal Impact: Support Arguments: Latino immigrant children are the principal victims with the lowest test scores and highest dropout rates. Learning a new language is easier for young children if immersed in that language. Public schools need to teach immigrant children English. Children who fail to learn to speak, read and write English will be less successful economically and socially. Support arguments signed by: Alice Callaghan, director, Las Familias del Pueblo; Ron Unz, chairman, English for the Children; Fernando Vega, past member, Redwood City School Board, and Jaime Escalante, former East Los Angeles calculus teacher portrayed in the film "Stand and Deliver." Opposition Arguments: Under the proposition, teachers can be sued personally for teaching in the children's language to help them learn English. It outlaws the best of local programs for teaching English. School districts, teachers and parents should decide on the best approaches to teach English to immigrant children. Opposition arguments signed by: John D'Amelio, president, California School Boards Association; Mary Bergan, president, California Federation of Teachers, AFL-CIO; Jennifer Looney, president, Association of California School Administrators, and Lois Tinson, president, California Teachers Association. |
The initiative's sponsors say about $300 million a year is spent on bilingual education in California, but EdSource, a California education research group, says the total amount is difficult to determine because of the "multiplicity of sources." | ||||||||||||||||||||
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