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Wednesday, September 15, 2010

California Propositions Defined


To follow up from last week, here are the remaining five propositions facing California voters on November 2nd. To refresh your memory, these Yes/No breakdowns are from the California Legislative Analyst's Office report, and they are a reliable source for information on the propositions.
For last week's Propositions, click here.
Proposition 23
Suspends Air Pollution Control Laws Requiring Major Polluters to Report and Reduce Greenhouse Gas Emissions That Cause Global Warming Until Unemployment Drops Below Specified Level for Full Year. Initiative Statute.
PROPOSAL
This proposition suspends the implementation of AB 32 until the unemployment rate in California is 5.5 percent or less for four consecutive quarters. During the suspension period, state agencies are prohibited from proposing or adopting new regulations, or enforcing previously adopted regulations, that would implement AB 32. (Once AB 32 went back into effect, this measure could not suspend it again.)
Yes/No Statement
A YES vote on this measure means: Certain existing and proposed regulations authorized under state law (“Assembly Bill 32”) to address global warming would be suspended. These regulations would remain suspended until the state unemployment rate drops to 5.5 percent or lower for one year.
A NO vote on this measure means: The state could continue to implement the measures authorized under Assembly Bill 32 to address global warming.
Proposition 24
Repeals Recent Legislation That Would Allow Businesses to Carry Back Losses, Share Tax Credits, and Use a Sales-Based Income Calculation to Lower Taxable Income. Initiative Statute.
Proposal
This proposition repeals the business tax law changes passed in 2008 and 2009 described above. As such, this measure would return tax policies in these areas to the way they were prior to the recent law changes.
Yes/No Statement
A YES vote on this measure means: Three business tax provisions will return to what they were before 2008 and 2009 law changes. As a result: (1) a business will be less able to deduct losses in one year against income in other years, (2) a multistate business will have its California income determined by a calculation using three factors, and (3) a business will not be able to share tax credits with related businesses.
A NO vote on this measure means: Three business tax provisions that were recently changed will not be affected. As a result of maintaining current law: (1) a business will be able to deduct losses in one year against income in more situations, (2) most multi-state businesses could choose to have their California income determined based only on a single sales factor, and (3) a business will be able to share its tax credits with related businesses.
Proposition 25
Changes Legislative Vote Requirement to Pass a Budget from Two-Thirds to a Simple Majority. Retains Two-Thirds Vote Requirement for Taxes. Initiative Constitutional Amendment.
Proposal
This measure amends the Constitution to lower the vote requirement necessary for each house of the Legislature to pass a budget bill and send it to the Governor. Specifically, the vote requirement would be lowered from two-thirds to a majority (50 percent plus one) of each house of the Legislature. The lower vote requirement also would apply to trailer bills that appropriate funds and are identified by the Legislature “as related to the budget in the budget bill.” Both the budget bill and these trailer bills would take effect immediately after being signed by the Governor (or on a later date specified in the bill). A two-thirds vote of the Legislature would still be required to override any veto by the Governor. This measure’s constitutional provisions do not specifically address the legislative vote requirement for increasing state tax revenues, but the measure states that its intent is not to change the existing two-thirds vote requirement regarding state taxes.
Yes/No Statement
A YES vote on this measure means: The Legislature’s vote requirement to send the annual budget bill to the Governor would be lowered from two-thirds to a majority of each house of the Legislature.
A NO vote on this measure means: The Legislature’s vote requirement to send an annual budget bill to the Governor would remain unchanged at two-thirds of each house of the Legislature.
Proposition 26
Increases Legislative Vote Requirement to Two-Thirds for State Levies and Charges. Imposes Additional Requirement for Voters to Approve Local Levies and Charges with Limited Exceptions. Initiative Constitutional Amendment.
Proposal
This measure expands the definition of a tax and a tax increase so that more proposals would require approval by two-thirds of the Legislature or by local voters.
Yes/No Statement
A YES vote on this measure means: The definition of taxes would be broadened to include many payments currently considered to be fees or charges. As a result, more state and local proposals to increase revenues would require approval by two-thirds of each house of the Legislature or by local voters.
A NO vote on this measure means: Current constitutional requirements regarding fees and taxes would not be changed.
Proposition 27
Eliminates State Commission on Redistricting. Consolidates Authority for Redistricting with Elected Representatives. Initiative Constitutional Amendment and Statute.
Proposal
This measure amends the Constitution and other state laws to change the way that district boundaries are determined for the State Assembly, State Senate, BOE, and California’s seats in the U.S. House of Representatives.
Yes/No Statement
A YES vote on this measure means: The responsibility to determine the boundaries of State Legislature and Board of Equalization districts would be returned to the Legislature. The Citizens Redistricting Commission, established by Proposition 11 in
2008 to perform this function, would be eliminated. (Proposition 20 on this ballot also concerns redistricting issues. If both Proposition 27 and Proposition 20 are approved by voters, the proposition receiving the greater number of “yes” votes would be the only one to go into effect.)
A NO vote on this measure means: The responsibility to determine the boundaries of Legislature and Board of Equalization districts would remain with the Citizens Redistricting Commission.

Again, too see last week's Propositions 19-22, click here.

For the full reports, visit the LAO website http://www.lao.ca.gov/laoapp/main.aspx. Again, to register to vote, visit http://www.sos.ca.gov/elections/elections_vr.htm, the deadline for registering to vote before the November 2nd elections is October 18th.

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