Voter Guide for Los Angeles County LEAGUE OF WOMEN VOTERS® STATEWIDE GENERAL ELECTION TUESDAY, NOVEMBER 4, 2014 Polls open 7 AM – 8 PM VOTERS WILL BE VOTING: WHAT IS THE ELECTION ABOUT? IMPORTANT DATES SEE PAGE For LOS ANGELES COUNTY ASSESSOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 For LOS ANGELES COUNTY SHERIFF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 For LOS ANGELES COUNTY DISTRICT 3 SUPERVISOR. . . . . . . . . . . . . . . . . . . . 4-5 For LOS ANGELES COUNTY SUPERIOR COURT OFFICES. . . . . . . . . . . . . . . . 6-7 On LOS ANGELES COUNTY MEASURE P.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 On STATE MEASURES 1, 2, 45, 46, 47 and 48. . . . . . . . . . . . . . . . . . . . . . . . . 10-15 OCTOBER 20: Last day to register to vote in this election OCTOBER 28: Last day to request a Vote-By-Mail ballot NOVEMBER 4: ELECTION DAY Polls open 7 AM – 8 PM REGISTER TO VOTE: U.S. citizens 18 year or older are eligible to vote. The deadline to send in your registration form is October 20, 2014. You can sign up online at www.registertovote.ca.gov or pick up a form at your library, post office, county elections office, or get one mailed to you by calling (800) 345-8683. CAST YOUR VOTE: To vote in person, you must go to your assigned polling place. Find the address on the label of your Sample Ballot that is mailed to you, or look it up at www.smartvoter.org. To vote by mail, you must request a “vote by mail” ballot no later than October 28. About the Voter Guide VOTE! This Voter Guide is provided by the League of Women Voters’ Education Fund. The Education Fund encourages active and informed participation in government and increased understanding of public policy through education. The Voter Guide is nonpartisan which means it provides neutral information that lets you make your own decisions. For more nonpartisan information, go to www.smartvoter.org. Los Angeles County The County Assessor locates all taxable property in the County and identifies ownership, values all property taxation, reassesses property upon change of ownership or completion of new construction, appears before the Assessment Appeals board, lists the value of all property on the assessment roll by Assessor’s parcel number, produces Assessor’s parcel maps, and processes all property tax exemptions. Assessor term: 4 years term begins: December 1, 2014 salary: $187,526 annually John Morris Jeffrey Prang occupation : occupation : Head Deputy District Attorney Special Assistant Assessor website : website : www.jeffreyprang.com www.morrisforassessor.com qualifications : qualifications : u23-year violent gang and white collar crime Prosecutor years Supervisory and Administrative Experience u4 years Real Estate Law Experience uReal Estate Licensed uMayor/Councilmember, u14 uBoard priorities : priorities : uProtect uRestore Proposition 13 to protect all taxpayers Fraud and Government Corruption at the Assessor’s Office uEstablish transparency and accountability to stop future fraud uEliminate City of West Hollywood Deputy, State Board of Equalization uSpecial Assistant, LA County Assessor Kenneth Hahn uSr. Advisor, LA County Sheriff’s Dept. uDeputy to LA Councilmember Ruth Galanter uPublic Information Director, LA Animal Services public trust in the Office of Assessor and replace computer systems uFairly and accurately assess property values and provide excellent service uUpgrade QUESTION: What steps would you take to reduce the possibility of favoritism or corruption when assessing property in Los Angeles County? Morris: Establish an Internet-based fraud hotline to report fraud/corruption. Initiate policies to remove political influence from assessments. Establish transparent appeals processes for all taxpayers. Implement policies that if the Assessor cannot serve because of pending criminal charges, he/she forfeits his salary and benefits. Prang: I will treat all taxpayers the same, ensuring the same high-quality response to inquiries to all residents seeking service. I support the ban on contributions from “tax agents,” to prevent any appearance of political favoritism. I support limiting appraiser discretion when settling assessment disputes and requiring verification by supervisors when enrolling assessment values. Complete candidate responses to all questions can be found at: www.smartvoter.org/2014/11/04/ca/la/ 2 Voter Guide for Los Angeles County LOS ANGELE S COUNTY Los Angeles County The County Sheriff administers the police function of the County, and is responsible for enforcement of all laws and regulations as required or requested by statute, participates in programs for rehabilitation, prevention of crime and suppression of delinquency; directs and coordinates emergency services; maintains security and assists in the functions of the Superior Courts; and operates five County jail facilities. Sheriff term: 4 years term begins: December 1, 2014 salary: $279,158 annually Jim McDonnell Paul K. Tanaka occupation : occupation : Long Beach Police Chief Retired Undersheriff website : website : www.mcdonnellfor lacountysheriff.com www.paultanaka.com qualifications : qualifications : Served as second in command in the Los Angeles Police Department u Commissioner, Citizens’ Commission on Jail Violence (2011-2012) u Immediate Past President, Los Angeles County Police Chiefs Association u Member of the California Commission on Peace Officers’ Standards & Training (POST) u US Attorney General’s National Task Force on Children Exposed to Violence uMayor, priorities : priorities : u Restore public trust in LASD integrity and leadership Uphold the highest principles of professionalism and constitutional policing u Implement LASD reforms crafted by the Citizens’ Commission on Jail Violence and work with the Board of Supervisors uCrime u uFiscal u City of Gardena Public Accountant u Certified Reduction and Safer Communities Responsibility uNew Direction and Leadership for the Sheriff’s Department QUESTION: What can be done to reduce recidivism, and specifically how would you work with outside organizations to achieve rehabilitation goals set but not yet carried out? McDonnell: A critical component of effective policing strategies lies not just in ensuring that best practices are used in responding to crime, but also in focusing on violence prevention, support for those with mental illness and intervention strategies. With over thirty years of experience working in the community to make our neighborhoods safer, I am a firm believer that early, proactive youth intervention programs not only prevent crime, but help struggling families and strengthen the community at large. As Sheriff, I would also redouble efforts to address recidivism by bolstering the education and reintegration programs in the county jail system. Tanaka: As Sheriff, I will actively engage with community leaders and community based organizations to proactively promote a viable path to success through an emphasis on safe neighborhoods, family values, quality education, and a vibrant business environment. Having a solid life foundation is vital to reducing recidivism. Complete candidate responses to all questions can be found at: www.smartvoter.org/2014/11/04/ca/la/ NOVEMBER 4, 2014 GENER AL ELECTION League of Women Voters® 3 Los Angeles County Board of Supervisors term: 4 years term begins: December 1, 2014 salary: $181,292 annually Elections for Los Angeles County Board of Supervisors are held in even numbered years. On November 4, 2014, voters are selecting a Supervisor for the 3rd District. The five-member Board of Supervisors acts as the governing body of Los Angeles County; has administrative, legislative, and quasi-judicial duties; provides for county-wide services; is local government in unincorporated areas; governs many special districts; adopts County budget. Each district has a population of approximately two million residents. District 3 includes: The cities of Agoura Hills, Beverly Hills, Calabasas, Hidden Hills, Malibu, San Fernando, Santa Monica, West Hollywood, and Westlake Village; and the communities of Arleta, Atwater Village, Bel Air, Benedict-Coldwater Canyon, Beverly Glen, Brentwood, Canoga Park, Century City, East Hollywood, Encino, Fairfax, Granada Hills, Hancock Park, Hansen Dam, Hollywood, Hollywood Hills, Holmby Hills, Lake Balboa, District No. 3 Los Angeles County Lakeview Terrace, Laurel Canyon, Los Feliz, Miracle Mile, Mission Hills, Mount Olympus, North Hills, North Hollywood, Northridge, Pacific Palisades, Pacoima, Panorama City, Park La Brea, Rancho Park, Reseda, Sawtelle, Sepulveda Basin, Sherman Oaks, Studio City, MAKING DEMOCRACY WORK ® The League of Women Voters is a non-partisan political organization of women and men that encourages informed and active participation in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy. Join Us Now! Sun Valley, Sunland, Sylmar, Tarzana, Toluca Lake, Valley Glen, Valley Village, Van Nuys, Venice, West Hills, West Los Angeles, Westwood, Wilshire Center, Winnetka, and Woodland Hills. Contact your local chapter of the League of Women Voters today! Beach Cities u 310.793.0569 u www.beachvoter.org Claremont Area u 909.624.9457 u www.claremont.ca.lwvnet.org East San Gabriel Valley u 626.967.8055 u www.esgv.ca.lwvnet.org Glendale-Burbank u 818.925.4598 u www.gb.ca.lwvnet.org Long Beach Area u 562.930.0573 u www.lba.ca.lwvnet.org Los Angeles u 213.368.1616 u www.lwvlosangeles.org Palos Verdes Peninsula u 310.784.7787 u www.lwvpalosverdes.org Pasadena Area u 626.798.0965 u www.lwv-pa.org Santa Monica u 310.692.1494 u www.lwvsantamonica.org LEAGUE OF WOMEN VOTERS® 4 Voter Guide for Los Angeles County Torrance u 310.223.6897 u www.lwvtorrancearea.org Whittier u 562.947.5818 u www.whittier.ca.lwvnet.org LOS ANGELE S COUNTY Sheila Kuehl Bobby S. Shriver occupation : occupation : College Institute Director Nonprofit Director/ Businessman website : website : www. kuehlforsupervisor.com www.bobbyshriver.com qualifications : qualifications : uFormer California State Senator and Assembly Member Speaker Pro Tem of the California State Assembly uAuthored 171 bills that were signed into law uFirst openly gay or lesbian person to be elected to California Legislature uBA, UCLA; JD, Harvard Law School uCo-Founder uFormer uCo-Founder priorities : priorities : uAffordable, uExpanding accessible, high quality healthcare for everyone in LA County uImproving the safety and well-being of children in the foster care system uCreating a complete public transportation network from one end of the County to the other One (RED) uFormer Santa Monica City Councilmember uFormer Santa Monica Mayor uFormer Chair, CA State Parks Commission our transit options job opportunities by attracting new businesses and supporting existing ones uConserving our water resources and making sure our water is clean uCreating QUESTION: The County Supervisors sit also on the board of the Metropolitan Transit District. What would be your top priorities for the MTA? Kuehl: In order to get people out of their cars we need a comprehensive plan to get people to and from train stations, such as a DASH-like system in various parts of the County, bicycle valets and lockers. I support the creation of a line from the San Fernando Valley through the Sepulveda pass all the way to LAX....We must continue to pay attention to our bus riders and find other ways to move Metro from the red to the black that doesn’t involve raising fares. Shriver: Get people out of traffic! It wastes time and money, pollutes and costs good jobs. Finish the subway to the Westside without the forecasted delay. Provide rail to LAX and connect the Valley to the rest of the region. We need immediate local fixes: traffic officers, easy local access to rail, free student transit passes. Complete candidate responses to all questions can be found at: www.smartvoter.org/2014/11/04/ca/la/ NOVEMBER 4, 2014 GENER AL ELECTION League of Women Voters® 5 Los Angeles County Superior Court Judge term: 6 years term begins: January 2, 2015 salary: $181,292 annually The California Constitution requires that a candidate for Superior Court Judge be a member of the State Bar or serve on a court of record for ten years. Elections for Superior Court Judges in Los Angeles County are held in even-numbered years at the scheduled Primary Election. When more than two candidates run and no one candidate receives more than 50% of the votes, a run-off between the highest vote-getters is held at the November General Election. Superior Court Judge Office 61 Dayan Mathai Jacqueline H. Lewis occupation : occupation : Gang Homicide Prosecutor Superior Court Commissioner website : website : www.mathaiforjudge.com www.jacquelinelewis forjudge2014.com qualifications : qualifications : uDeputy District Attorney for 15 years 110 FELONY JURY TRIALS, including 36 complex murder cases uAssigned to HARDCORE GANG DIVISION/ORGANIZED CRIME DIVISION uRated “WELL QUALIFIED” by LA County Bar Assn. uRated “EXCEPTIONALLY WELL uProsecuted uSuperior priorities : priorities : uPROTECTION uTo OF THE PUBLIC is my top priority uSWIFT AND JUST punishment of the guilty when appropriate after a consideration of all of the facts and the law uFAIR AND EQUAL TREATMENT for all within the judicial process QUALIFIED” by LA County Bar Court Commissioner, 2008-present uSuperior Court Referee, 1997-2008 uGraduate, Boalt Hall School of Law 1990 uGraduate, Loyola Marymount University, 1986 uCalifornia Juvenile Court Judge of the Year, 2010 protect children and serve families uTo protect the public uTo allow everyone an opportunity to be heard in court QUESTION: How much flexibility should judges have in determining the length of sentences? Mathai: It is important for judges to have some discretion in sentencing, because the circumstances of each crime are different, and particular defendants may have mitigating or aggravating factors that should be considered in reaching a just sentence. In California, that discretion is appropriately limited by sentencing guidelines to ensure equal justice under the law. Lewis: I believe that judges should have wide latitude in determining the length of sentences. Seventeen years on the bench has taught me that the facts of every case as well as every defendant are different. I believe that judges should have the authority to appropriately match the facts of the case with the sentence. Complete candidate responses to all questions can be found at: www.smartvoter.org/2014/11/04/ca/la/ 6 Voter Guide for Los Angeles County LOS ANGELE S COUNTY Superior Court Judge Office 87 Tom Griego Andrew M. Stein occupation : occupation : Criminal Gang Prosecutor Criminal Trial Attorney website : website : www.griegoforjudge.com www.steinforjudge.com qualifications : qualifications : uDeputy CA, Los Angeles City Attorney’s Office, Anti-Gang Division uProsecuted over 150 gang and quality of life cases including manslaughter, child endangerment, sexual battery, and racial discrimination & harassment uSupported by Judges and Attorneys uUCLA, BA; CSULA, MPA; Whittier Law School, JD uBA priorities : priorities : uTo uTo uTo uTo be Fair, Independent and Competent Collaborate, Resolve and Help the Parties uTo be Patient, Respectful and Mindful SUNY Buffalo, 1975 Degree from University of San Diego 1978 uSoutheast Bar Association Attorney of the Year 2000 uJohnny Cochran Memorial Award 2011 uLaw treat the public with dignity and respect make all parties, including victims, feel like they have their day in court uBetter access to the courts QUESTION: How much flexibility should judges have in determining the length of sentences? Griego: Judges should sentence within the guidelines as promulgated by the State Legislature with due consideration to victims, probation reports, and other factors. There are three levels in California’s state court system: County Superior Court Each county has a Superior Court where criminal and civil trials take place. Stein: The judges should have limited flexibility, allowing for individualized sentences, however there must be great deference to the suggested sentences. The reason for our sentencing scheme, was to prevent the wide disparities that had previously occurred. Court of Appeals These courts review cases appealed from county courts if one of the parties wants to protest the decision. Supreme Court This is the top court in the state with seven judges (“justices”). It has the final decision on cases that have been appealed from lower courts. Judges for the Court of Appeals and the Supreme Court are appointed and then confirmed. Voters are asked to vote on whether to keep the judge after confirmation, and again after every twelve years. County Superior Court judges are appointed by the Governor. However, seats unfilled at the time of an election are filled by direct election by voters. The term is six years. If a judge is unchallenged, s/he retains the seat. NOVEMBER 4, 2014 GENER AL ELECTION League of Women Voters® 7 Tip How Do I Evaluate Ballot Propositions? u Look at what the measure is trying to do. Do you agree with its goals? Do you think the proposed changes will make things better? u Does the measure deal with one issue that can be easily decided by a YES or NO vote? Or, is it a complex issue? u Watch out for distortion tactics and commercials that rely on image but tell nothing important about the measure. Beware of half-truths. u Try to find out who is spending money to support or oppose the measure. Looking for more information on candidates and propositions? Official Voter Information Guide ★ voterguide.sos.ca.gov A non-partisan guide to statewide candidates and ballot propositions. SmartVoter ★ SmartVoter.org Nonpartisan election information. Type in your address for comprehensive information about everything on your ballot. Voter’s Edge ★ votersedge.org/california-election-votersguide-to-ballot-measures-and-candidates Want to know who and what you’re really voting for? Voter’s Edge, a one-stop shop for everything you need to know about the candidates and measures on your ballot. Find out who’s giving money to the YES and NO campaigns. LAVote.net ★ LAVote.net The official elections website of the Los Angeles County Registrar-Recorder. Get information on current elections, candidates, ballot propositions, voter registration, voting options, and other voting resources. 8 Voter Guide for Los Angeles County November 2014 General Election Ballot Measures & Propositions are proposed laws presented to the public to vote on. They may also be called ballot measures. u Propositions u This guide has short descriptions of the County Measure, and six Statewide Propositions being decided by voters in the November 4, 2013 election. You may also be asked to vote on local ballot measures in this election. P will be voted upon by voters in Los Angeles County. u Measure 1 and 2 were placed on the ballot by the State Legislature. u Propositions 45 through 48 have been placed on the ballot by people who collected enough signatures. u Propositions 45, 46, and 47 are initiatives. A YES vote means that you support the way the proposition would change things and a NO vote means that you want to leave things the way they are now. u Propositions 48 is a referendum, which asks voters to decide on a law that is already in place. A YES vote means that you support the law and want to keep it and a NO vote means you want the law overturned. u Proposition u You do not have to vote on everything. Use this guide to choose the ones that are important to you and learn more about them. What is a bond? u If you would like to vote for or against Proposition 1, it is helpful to understand what a bond is. Governments sell bonds to investors to borrow money now and then pay the bonds off over time plus interest. At current rates, to pay off the bond plus interest is about double the cost of paying for something all at once. Bonds are usually used for things that last a long time, like buildings or bridges. LOS ANGELE S COUNTY Measure P Special Parcel Tax— 2⁄3 Approval Required 2014 Safe Neighborhood and Parks Measure THE QUESTION: Should Los Angeles County impose an annual $23 per parcel special tax throughout the county to replace expiring taxes and ensure continued funding for improving, developing, and maintaining parks, beaches, and recreational projects? THE SITUATION: FISCAL EFFECTS In 1992 and 1996, Los Angeles County voters passed propositions assessing residential and business property to fund acquisition, development, and maintenance of beaches, parks, and natural lands; tree-planting; gang intervention; and improvement of recreational facilities. The assessment amounts varied with type and extent of property and with the amount of benefit the property received. The passage of Proposition 218 (also November 1996) ended the use of benefit assessments for “general benefits” (parks, recreational facilities, etc.). Proposition 218 says a benefit assessment must provide a specific benefit, such as trash collection. The 1992 and 1996 measures, grandfathered in since they were adopted by a vote of the people, are now expiring (in 2015 and 2019, respectively) and no acceptable progressive assessment formula varying with property value was found. To continue funding for the general benefit amenities covered by these measures, a flat tax of $23 per parcel per year is being proposed. Proposition P will raise approximately $1.6 billion over 30 years. THE PROPOSAL: Proposition P allows the County to raise about $53 million per year by imposing a flat tax of $23 per parcel per year throughout the county for 30 years, beginning June 2015, to develop, acquire, improve, restore, rehabilitate, and maintain parks; recreational, cultural, and community facilities; and open space within Los Angeles County. WHAT A YES OR NO VOTE MEANS C A YES vote says the County should levy the $23 per parcel per year tax to support parks and recreational projects throughout Los Angeles County. A NO vote says that the $23 parcel tax should not be imposed. SUPPORTERS SAY ★ Proposition P continues valued and needed parks and recreational projects. ★ $23 per year per parcel is little enough to support projects that benefit us all. ★ We all are benefiting from funds wisely invested in community projects in the last 20 years; the investment should continue. OPPONENTS SAY ★ Changing from progressive to regressive funding advantages those most able to pay. ★ Some of the wealthiest are given a windfall of thousands of dollars a year by this measure. Funds would be allocated in these proportions: ★ 30% to the County for regional projects, open space, ★ ★ ★ ★ ★ ★ foothill, mountain, trail, river, wetland, and stream projects 20% to cities and unincorporated areas within the County with allocations based on number of parcels in a project as a percentage of total parcels in the county 15% to the County for parks, beaches, and clean water/ park projects 15% for maintenance and servicing of projects funded from 1992 and 1996 measure funds 10% to the County for underserved communities 5% for competitive grants to public agencies and non-profit organizations 5% for administration NOVEMBER 4, 2014 GENER AL ELECTION League of Women Voters® 9 Proposition 1 Legislative Bond Act Water Bond. Funding for Water Quality, Supply, Treatment, and Storage Projects. THE QUESTION: Should the state of California sell $7.1 billion in additional general obligation bonds to fund various water-related programs? THE QUESTION: FISCAL EFFECTS Historically, a majority of California’s surface water has come from Sierra Nevada and Northern California snowmelt that feeds the state’s two largest rivers, the Sacramento and the San Joaquin. Groundwater has provided roughly a third of the state’s water supply, but many of the state’s groundwater basins are currently dangerously depleted. The remainder of the state’s water comes from other sources, such as captured rainwater, water recycling, and desalination. Assuming an interest rate just over 5% for bonds sold over the next 10 years and repaid over a 30-year period, the cost to taxpayers would average about $360 million annually over the next 40 years. It is assumed that the $425 million in unsold bonds would not increase the state’s anticipated debt payments because the bonds likely would have been sold in any case. Much of the state’s surface water is delivered to Central Valley farmland and to population centers in the Bay Area and Southern California. Southern California also gets water from the Owens Valley and the Colorado River. In dry years, it can be difficult to provide all the water needed by California’s cities, agriculture, and environment. In very wet years, the state can experience floods. To address these challenges, the state has built various projects, including pipelines, pumping stations, and canals to move water, and has constructed dams/reservoirs and other types of water storage to manage available surface water. These supplement local water storage and delivery systems. Since the large water projects were built in the mid-20th century, California’s population has doubled and the value of its economy has multiplied many times. However, California’s growth faces natural limits on the total amount of water available. In addition to approving water project bonds in the middle of the last century, voters over the decades have approved additional water bonds. A portion of these bonds remain unsold. THE PROPOSAL: Prop. 1 would allow the state to redirect $425 million in unsold bonds and sell $7.1 billion in additional bonds, for a total of $7.5 billion in general obligation bonds. The funds would be used to manage water supplies, protect and restore wetlands, improve water quality, and increase flood protection. Of the total $7.5 billion, $5.7 billion is available for water supply and water quality projects only if recipients provide a local match, in most cases 50% of the total cost. It’s estimated that there would be savings to local governments on water-related projects, likely averaging a couple hundred million dollars annually over the next few decades. SUPPORTERS SAY ★ Prop. 1 supports a comprehensive state water plan and provides a reliable supply of water for farms, businesses, and communities, especially during droughts. ★ Prop. 1 does not raise taxes. It is fiscally responsible and contains strict accountability requirements and public disclosure to ensure that the money is properly spent. OPPONENTS SAY ★ Too much of Prop. 1 wrongly focuses on building more dams. No amount of water storage will produce more rain and snow. ★ Prop. 1 does little for drought relief in the near term and doesn’t adequately promote regional water self-sufficiency or reduce our reliance on an already water-deprived Delta ecosystem. FOR MORE INFORMATION Supporters: Yes on Propositions 1 and 2 www.yesonprops1and2.com Opponents: No on Prop. 1 www.NoOnProp1.org © 2014 League of Women Voters of California Education Fund 10 Voter Guide for Los Angeles County LOS ANGELE S COUNTY Proposition 2 Legislative Constitutional Amendment State Budget. Budget Stabilization Account. THE QUESTION: Should the State Constitution be amended to change how the state pays down debt and saves money in reserves? THE SITUATION: When the economy is strong, state tax revenues rise, and the state transfers funds into its reserves. When the economy weakens, total tax revenues decline, but reserve funds are available to help mitigate adverse steps otherwise needed to balance budgets. The Budget Stabilization Account (BSA) is the state’s basic reserve. Currently, about $3 billion per year is transferred into the BSA, although the Governor may reduce or eliminate this amount. There is a target maximum, currently $8 billion. BSA funds can be released by vote of the Legislature. Due to the recent adverse economic conditions, these transfers were stopped, and the BSA had no funds at all for several years, until the current year. State law requires that local school districts keep reserves equal to 1-5% of their annual budget, depending on their size. Many districts keep larger reserves. The state’s debts total around $300 billion, including about $150 billion for retirement benefits already earned by public employees, and several billion dollars owed to local governments, such as school districts, cities, and counties. THE PROPOSAL: Prop. 2 would reduce the annual revenue transfer to the BSA to approximately $1.6 billion, but add a portion of capital gains-related taxes in years when such revenues exceed a certain level. The total annual transfer could thus possibly increase to $4 billion or more. For 15 years, half of the foregoing amount would have to be used to pay down public retirement benefit obligations and inter-governmental debts. Later, the Legislature could choose whether to use the BSA transfer funds to further pay down these debts. Prop. 2 would increase the target BSA maximum to about $11 billion. Once the maximum is reached, the BSA transfer amount would instead be used to build and maintain infrastructure. Prop. 2 would also limit the circumstances under which the transfer could be reduced, or BSA funds could be withdrawn, and the amounts which could be withdrawn in any year. In some years when capital gains revenues are strong, and certain other conditions are met, money would go into a new state reserve for schools and community colleges. However, Prop. 2 does not directly change the long-term amount of state spending for schools and community colleges. If the new school reserve is funded, under certain circumstances a new state law would limit the size of local school district reserves to a maximum of 10% of their annual budget, depending on the size of the district. This new maximum limit could be changed in the future by the Legislature. FISCAL EFFECTS Under Prop. 2, the state would likely pay down existing debts somewhat faster, leaving less money for other things in the state budget during at least the next 15 years. Prop. 2’s impact on state budget reserves over the long run would depend on the economy, capital gains tax revenues and the way that state government implements the measure. The new school reserve would receive funds only occasionally— likely only during very good economic times. Once this reserve has funds of any amount, the local school district reserves would be limited, and some districts likely would have smaller reserves in bad economic times. SUPPORTERS SAY ★ Prop. 2 establishes a strong constitutional reserve fund, which will force state government to save money and pay down debts. ★ Prop. 2 will shield taxpayers from unnecessary tax increases and protect schools from devastating cuts. OPPONENTS SAY ★ Prop. 2 hides a financial time bomb that limits school districts’ reserves, resulting in possible higher costs and deeper cuts. ★ Prop. 2 establishes a double standard—prudent reserves for the state, but limited reserves for school districts. FOR MORE INFORMATION Supporters: Yes on the Rainy Day Fund www.yesonprops1and2.com Opponents: Educate Our State www.2badforkids.org Note: Because the Legislature changed the number of this proposition from Prop. 44 to Prop. 2, you may still find references to Prop. 44 in various publications and websites. © 2014 League of Women Voters of California Education Fund NOVEMBER 4, 2014 GENER AL ELECTION League of Women Voters® 11 Proposition 45 Initiative Statue Health Care Insurance. Rate Changes. THE QUESTION: Should changes in some health insurance rates require the Insurance Commissioner’s approval before going into effect? THE SITUATION: Health care plans are regulated by either the California Department of Insurance (CDI) or the California Department of Managed Health Care (DMHC). The DMHC is run by a director appointed by the Governor, while the CDI is run by the elected Insurance Commissioner. The majority of Californians (about 77%) are insured by either large-group employee plans or government programs. About 16% are covered by individual or small-group (50 or fewer employees) employer plans (The remaining 7% are uninsured.) Proposed rate changes for these individual and small-group plans are reviewed by the DMHC or the Insurance Commissioner, who may declare them “unreasonable” but has no authority to reject them. Insurance companies pay a fee to cover the costs of each department’s activities. A new player on the health care scene is Covered California, the health insurance exchange set up by the state as a result of the federal Affordable Care Act (ACA). The Covered California Board is authorized to negotiate rates and other characteristics with companies that want to sell their product through the exchange. After Covered California’s negotiations are completed, rates are subject to review by the carriers’ respective regulator (either DMHC or CDI). This review does not include specific authority to reject rates. In 1988, voters passed Prop. 103, an initiative that created the elective office of Insurance Commissioner, and gave the Commissioner review and prior approval authority over automobile and homeowner’s insurance rates. THE PROPOSAL: Prop. 45 applies only to individual and employer small-group plans. The Insurance Commissioner would have to approve rate changes for those plans before they could be implemented. The application process would require the company to publicly disclose and justify its requested rates. Consumers or insurance companies could challenge the outcome in court. Rates in effect as far back as November 6, 2012 would be subject to refund if found to be excessive. Under Prop. 45, “rates” would be defined to include any charges that affect cost, such as co-payments, deductibles, installment fees, premium financing, and more. reject their proposed rate changes. Insurance companies would continue to be charged a fee to cover the costs of administering the new law. Prop. 45 would also prohibit the use of an individual’s credit history or the absence of prior insurance coverage when determining rates or eligibility for health, automobile, or homeowner’s insurance. In practice, insurance companies generally have not used such factors. FISCAL EFFECTS The CDI would have increased administrative costs, probably not exceeding the low millions of dollars in most years. Funding would come from the fees paid by insurance companies. No additional duties would be imposed on DMHC or Covered California, but their administrative costs might be affected by any delays in rate approval. SUPPORTERS SAY ★ Spiraling health insurance rates have risen many times faster than inflation. ★ Prop. 45 will control health insurance costs just as Prop. 103 successfully controlled auto insurance costs. ★ Transparency required by Prop. 45 will help prevent unreasonable rate hikes. OPPONENTS SAY ★ Prop. 45 adds another level of expensive bureaucracy to health care regulation. ★ Decisions about health care should not be made by a politician. ★ Marketplace negotiations under the ACA could be harmed by the new regulatory approach. FOR MORE INFORMATION Supporters: Yes on 45—Consumer Watchdog Campaign www.yeson45.org Opponents: No on 45—Californians Against Higher Health Care Costs www.stophighercosts.org The DMHC would continue to review and regulate the small-group and individual insurers that it now oversees, but only the Insurance Commissioner could approve or © 2014 League of Women Voters of California Education Fund 12 Voter Guide for Los Angeles County LOS ANGELE S COUNTY Proposition 46 Initiative Statute Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. THE QUESTION: Should California require random drug testing of doctors, require doctors to check a statewide database before prescribing certain drugs, and raise the cap on noneconomic damages in medical negligence lawsuits? THE SITUATION: California does not require drug testing of doctors. The state has a database to track prescriptions of certain controlled drugs, but does not require doctors to check the database before prescribing drugs. There are two kinds of damages in medical negligence lawsuits: economic damages, which pay for the financial costs of an injury, such as medical bills or loss of income, and noneconomic damages, which pay for items such as pain and suffering and loss of quality of life. Attorneys in malpractice cases typically work on contingency; that is, they don’t charge for their time, but instead take a percentage of the damages awarded their clients. In 1975, California enacted the Medical Injury Compensation Reform Act (MICRA), which placed a cap of $250,000 on noneconomic damages in medical negligence litigation, and limited the percentage of a damages award that an attorney can take. Neither cap has ever been raised. (There is no cap on economic damages.) THE PROPOSAL: Prop. 46 would ★ mandate random drug tests of doctors, in addition to tests after events of possible medical negligence or if the doctor is suspected of using drugs or alcohol; ★ require doctors to check a statewide database before prescribing certain drugs to prevent patients from “doctor shopping” for multiple prescriptions; ★ raise the cap for noneconomic damages in malpractice lawsuits to $1.1 million (reflecting inflation since 1975) and index it to inflation going forward. The cap on attorney’s fees would remain unchanged. FISCAL EFFECTS ★ State and local governments fund significant health care services including Medi-Cal and health care to employees and retirees. The cap increase likely would increase costs of malpractice insurance and payments of malpractice claims. Conversely, the higher cap could encourage medical providers to practice medicine in a way that would decrease malpractice claims. There would likely be a very small percentage increase in health care costs in the economy overall as a result of raising the cap (less than 0.5% of the annual general fund budget), but that increase could have a significant effect on government health care spending, from tens of millions of dollars to several hundred million dollars annually. ★ Use of the drug database could reduce the amount of drugs prescribed, saving drug costs. Prescription drug abuse would be reduced, lowering governmental costs associated with drug abuse, including treatment, rehabilitation, law enforcement and incarceration. ★ Testing doctors could prevent some medical errors. Savings are uncertain, but potentially significant, and would offset to some extent the increased governmental costs from raising the cap on noneconomic damages. SUPPORTERS SAY ★ Prop. 46 will save lives by cracking down on prescription drug abuse by doctors and protecting patients from impaired doctors. ★ Increasing the cap on compensation for pain and suffering will fairly value lives and hold doctors accountable for medical errors. ★ Use of a statewide database will reduce over-prescription of dangerous drugs and save lives. OPPONENTS SAY ★ Prop. 46 uses drug testing of doctors to disguise its real intent: to increase the limit on medical malpractice awards. ★ Increasing the cap on damages will cause many doctors to move to states with lower malpractice insurance rates. ★ Use of the online database of personal prescription drug history allows for the invasion of an individual’s privacy. FOR MORE INFORMATION Supporters: Your Neighbors for Patient Safety www.yeson46.org Opponents: Patients and Providers to Protect Access and Contain Health Costs www.NoOn46.com © 2014 League of Women Voters of California Education Fund NOVEMBER 4, 2014 GENER AL ELECTION League of Women Voters® 13 Proposition 47 Initiative Statue Criminal Sentences. Misdemeanor Penalties. THE QUESTION: Should the penalties for certain offenders convicted of nonserious, nonviolent crimes be reduced from felonies to misdemeanors? THE SITUATION: The California Penal Code classifies a felony as the most serious crime with some felonies graded as “violent” or “serious,” and some, such as murder and rape, graded as both. Felonies not classified as violent or serious include grand theft and possession of illegal drugs. Felony convictions result in incarceration for at least one year, usually in a prison facility rather than a county or local jail. After release, felony offenders are supervised by either state parole agents or county probation officers, depending on the severity of the conviction. Misdemeanors are less serious crimes, such as petty theft and public drunkenness, that usually result in fines, community supervision, and/or incarceration for less than one year in a county or local jail rather than a prison facility. Some crimes, called “wobblers,” such as check forgery, can be charged as either felonies or misdemeanors, depending on the offender’s history and the details of the crime. THE PROPOSAL: Prop. 47 would reduce the penalty for most nonviolent wobblers and felonies to misdemeanors, unless the defendant has prior convictions for violent and serious crimes. Prop. 47 would permit resentencing for anyone currently serving a prison sentence for any of the offenses reclassified in Prop. 47 as misdemeanors, and certain offenders who have already completed a sentence for one of those felonies may apply to the court to have their convictions changed to misdemeanors. State savings from Prop. 47 would go to a newly created fund, “Safe Neighborhoods and Schools Fund,” for truancy and drop-out prevention programs in schools, victims’ services, and mental health and drug treatment services designed to keep individuals out of prison and jail. the release of current inmates through resentencing. County cost savings are estimated to be several hundred million dollars annually, primarily due to freeing up jail capacity and having fewer people under community supervision. SUPPORTERS SAY ★ Prop. 47 will reduce prison spending and waste on low-level nonviolent crimes. Law enforcement resources will be focused on violent and serious crimes. ★ Savings will be redirected from prison spending to K-12 school programs, assistance for victims of crime, mental health programs, and drug treatment. OPPONENTS SAY ★ Prop. 47 will release thousands of dangerous inmates; it prevents judges from blocking the early release of prisoners except in rare cases. ★ Prop. 47 will burden our criminal justice system; it will overcrowd jails with felons who should be in state prison and jam the courts with resentencing hearings. FOR MORE INFORMATION Supporters: Californians for Safe Neighborhoods and Schools www.safetyandschools.com Opponents: California Police Chiefs Association www.californiapolicechiefs.org FISCAL EFFECTS The net state savings as a result of Prop. 47 are estimated to be in the low hundreds of millions of dollars annually based on fewer prisoners eligible for prison sentences and © 2014 League of Women Voters of California Education Fund 14 Voter Guide for Los Angeles County LOS ANGELE S COUNTY Proposition 48 Referendum Indian Gaming Compacts. THE QUESTION: Should the tribal gaming compacts negotiated by Governor Brown with the North Fork and Wiyot Tribes and ratified by legislative statute be allowed to go into effect? THE SITUATION: In 2000, voters amended the state Constitution to allow Indian tribes to open casinos on Indian land, if the tribe and the Governor agree on a compact, and the Legislature and the federal government approve the compact. In 2012, Governor Brown negotiated an agreement with the North Fork Rancheria of the Mono Tribe. The state Legislature approved, and the federal government accepted, this compact, which allows the tribe to acquire tribal land in Madera County, approximately 38 miles from the tribe’s reservation, and to build a casino and hotel on it. Federal law usually prohibits tribes from building casinos on tribal land acquired after 1988; however, an exception can be approved if the acquisition of new land can be shown to be in the tribe’s best interest and not harmful to the surrounding community. The Bureau of Indian Affairs affirmed that this was the case for the North Fork casino plan, as the tribe’s preexisting holdings are not sufficiently large to allow for a casino and hotel, and they are located in a remote area in the Sierra National Forest. The compact with the Wiyot Tribe, also covered by this statute, prohibits the tribe from opening a casino on tribal lands in Humboldt County, instead providing them a share of the North Fork casino’s profits. THE PROPOSAL: Prop. 48 is a referendum that asks the voters to approve or reject the gaming compacts with the North Fork and Wiyot tribes. A YES vote approves the legislative statute that ratifies the compacts, and allows the compacts to go into effect; a NO vote rejects the statute and voids the compacts. FISCAL EFFECTS ★ The tribe would make annual payments to the state and ★ Madera County and city would likely receive between $16 million and $35 million in one-time payments from the tribe for specified services, and would receive about $5 million in annual payments over the life of the compact, once the casino opens. Other local governments in the area could receive $3.5 million annually over the life of the compact. ★ There may be increased revenue from economic growth in the Madera County area, generally offset by revenue losses from decreased economic activity in surrounding counties. SUPPORTERS SAY ★ The North Fork casino has local support and would create over 4,000 jobs. ★ The casino would bring revenue to Madera County and to the state of California. ★ The location of the casino is supported by local, state, and federal officials. OPPONENTS SAY ★ These compacts break the promise that Indian casinos would only be located on original reservation land. ★ Rather than creating jobs, the casino would take jobs and resources from nearby areas. ★ The door would be opened to an avalanche of new off-reservation casinos. FOR MORE INFORMATION Supporters: Vote Yes 48 Campaign www.VoteYES48.com Opponents: No on Prop. 48—Keep Vegas-Style Casinos Out of Neighborhoods www.StopReservationShopping.com local governments to offset their costs arising from the existence of the new casino, which would probably average about $1.5 million annually over the 20-year period of the compact. © 2014 League of Women Voters of California Education Fund NOVEMBER 4, 2014 GENER AL ELECTION League of Women Voters® 15 YOUR VOTE COUNTS. MAKE IT A SMART ONE. Find out about registration and voting. Get unbiased information about candidates and issues. Be an informed and knowledgeable voter. Go to www.SmartVoter.org LEAGUE OF WOMEN VOTERS® © 2014 League of Women Voters of Los Angeles Education Fund. All copyright and trademark rights reserved. LEAGUE OF WOMEN VOTERS®
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