Initiative Analyses

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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February 9

A.G. File No. 2006-003

California Border Police Act

The measure establishes, within the Office of Emergency Services, the California Border Police (CBP), which would be responsible for enforcing federal immigration laws. The CBP would be (1) overseen by a CBP commissioner appointed by the Governor, (2) based upon the California Highway Patrol’s personnel benefits and organizational structure, and (3) trained in federal immigration laws and procedures. The CBP could also establish branch offices and detention facilities.

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February 9

A.G. File No. 2006-002

California Truth in Politics Act of 2006

This measure reduces the maximum allowable contributions for individuals and small contributor committees. In addition, the measure imposes maximum contribution amounts on political parties.

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February 3

A.G. File No. 2005-148

The Opportunity to Repair Act of 2006

This statutory measure establishes a procedure for property owners and disabled individuals to address residential construction defects and violations of accessibility standards prior to litigation.

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