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      NEWS RELEASE:

      Saturday, October 23, 2004

      CFABA.ORG positions on CA ballot measures for 11/02/2004.


      To our Commentary and News Release List ™, this is not spam mail, see below about being removed or added.

      N E W S R E L E A S E:

      For Immediate Release: Sent via e-mail to our Commentary and News Release List ™. Contact Robert Colaco 24/7 at National HQ Voice Mail at (818)757-1776.

      Saturday, 10/23/2004

      November 2004 Ballot Propositions

      Also online at: http://www.cfaba.org/cf06052.htm

      Statewide:

      General comments on bonds: Any bond act requires the state to sell bonds to investors, use the money received to accomplish the project being funded, and then requires paying back the owners of the bonds the principal plus interest. Bonds greatly increase the cost of a project by adding all of the interest to the costs of the project

      ********************************************************

      Proposition 1A - Protection of Local Government Revenues.

      YES

      This is a weaker version of proposition 65. It allows Sacramento to continue to borrow billions of dollars in the first two years and 2 years each decade. In other words, in 8 out of 10 years, Sacramento can't do this unless the Governor declares a state of emergency. A 2/3 vote in each house of the state legislature is required as confirmation of the Governor's action before this would go into effect for more than 2 years each decade. Unfortunately, this 2/3 majority is reached on many big spending bills and is why the state is running a deficit already. Too many irresponsible big spending bills are already being enacted.

      This proposal does make the situation somewhat better than currently. Local governments continue to be subject to the state taking local funds however.

      ********************************************************

      Proposition 59 - Public Records, Open Meetings. Legislative Constitutional Amendment.

      YES

      This proposal is an attempt at a more open state government. It is a step in the right direction, but doesn't go far enough. However, half a loaf is better than none. Provides some teeth in requiring access to meetings and meeting records. Doesn't apply to some of the legislature's activities/meetings. Because it is an initiative, the legislature cannot overturn it. Because it is a Constitutional amendment, the courts cannot overturn it.

      ********************************************************

      Proposition 60 - Election Rights of Political Parties. Legislative Constitutional Amendment.

      YES

      This proposition needs to pass with more votes than proposition 62. It would then override 62. It requires that any party that has at least one candidate in the primary election will also have a candidate listed on the ballot for the general election. It would preserve the influence of the minor parties in any debates. While minor party candidates rarely win, they can greatly influence what issues are discussed in a campaign. We should preserve and protect that influence.

      ********************************************************

      Proposition 60A - Surplus Property. Legislative Constitutional Amendment

      YES

      Requires proceeds from sales of state property to be used to pay off the (Proposition 57) 2004 Economic Recovery Bonds (the $15 billion in bonds that Schwarzenegger placed on the ballot and which passed). The fact that these bonds violated the state constitution is a matter for another time. Issuing bonds for general expenditures of the state is a violation of the state constitution.

      Paying them off if surplus property is sold is a step forward. However, does not require sale of the surplus property, only where the proceeds go.

      *******************************************************

      Proposition 61 - Children's Hospital Projects. Grant Program. Bond Program. Initiative Statute.

      NO

      Bonds are a poor way to finance ANY government spending. See comments above. Bonds more than double the cost of any project.

      *******************************************************

      Proposition 62 - Elections. Primaries. Legislative Initiative Amendment and Statute

      NO

      Only the two candidates who receive the most votes in the primary would be on the November (general election) ballot. This would eliminate third/minor party candidates from the general election. It would greatly reduce or eliminate the influence of the minor parties in any debates. While minor party candidates rarely win, they can greatly influence what issues are discussed in a campaign. We shouldn't eliminate this influence. In addition, in rare cases where both major party candidates have done something that makes them unworthy of office, we have alternative candidates.

      *******************************************************

      Proposition 63 - Mental Health Services Expansion, Funding. Tax on Personal Incomes above $1 Million. Initiative Statute.

      NO

      This initiative is sure fire way to drive many with annual incomes above $1 million out of California. The current state of California mental health programs need to be cleaned up first. An ineffective and wasteful government program does not become effective and thrifty when it receives MORE tax money. It needs reform first.

      ********************************************************

      Proposition 64 - Limits on Private Enforcement of Unfair Business Competition Laws. Initiative Statute.

      YES

      This is a much needed reform. Currently anybody can bring a lawsuit against a business for unfair business practices. There is no need to show any financial damages, property damages, or physical injury. Our current laws allow lawyers to strongarm / loot small businesses who don't have the money to fight back. This would limit lawsuits to those who have suffered physical or financial loss and/or to the state/local government(s) for unfair business practices. This is a common sense correction to the law.

      *******************************************************

      Proposition 65 - Local Government Funds, Revenues. State Mandates. Initiative Constitutional Amendment.

      YES

      Conservative groups disagree on this one.

      On the beneficial side, this forces the state to stop taking revenues from local governments. It is stronger than Proposition 1A because there are no exceptions without a vote of the people. On the detrimental side, makes permanent the current inequities in allocation of property taxes for public services such as fire, police, schools, parks, libraries, etc. However, if the initiative passes, this could be corrected in a future initiative.

      *******************************************************

      Proposition 66 - Limitations on "Three Strikes" Law. Sex Crimes. Punishment. Initiative Statute.

      NO

      Requires a number of changes in the application of the "Three Strikes Law."

      1. Requires resentencing of offenders whose third strike is considered non-violent and non-serious. This needs to be done within 180 days. (How can a felony be non-serious?!)

      2. Requires each strike to be tried separately.

      3. Two felony convictions in one trial would be considered only one strike.

      4. According to the Legislative Analyst, arson, residential burglary, attempted burglary, criminal threats, felony gang crimes, unintentional serious bodily injury while committing a felony (such as drunk driving) will not be considered strikes.

      This initiative is supported by Ramona Ripston, the Executive Director of the Southern California ACLU. Enough said.

      *******************************************************

      Proposition 67 - Emergency Medical Services. Funding. Telephone Surcharge. Initiative Constitutional Amendment and Statute.

      NO

      Many emergency rooms have been closing recently due to huge deficits. These are due to the number of uninsured people who use emergency rooms as their first place for medical care. Many are illegal aliens. Both state and federal laws require the emergency rooms to treat anybody whether insured or not! Laws also require inclusion of those with unhealthful lifestyles which drives up insurance rates for all.

      This proposal would impose a tax on phone use to compensate for these non-paying emergency room patients. There are no limits on cell phone and business phone surcharges. No audits are required to ensure accountability in use of your taxes. Too many businesses are already leaving California to reduce costs and keep their product pricing competitive. This would make the exodus worse.

      *******************************************************

      Proposition 68 - Non-Tribal Commercial Gambling Expansion. Tribal Gaming Compact Amendments. Revenues, Tax Exemptions. Initiative Constitutional Amendment and Statute.

      NO

      If you do not want Indian gambling facilities in urban areas of California, vote NO. Increased crime comes with gambling facilities. They would also increase traffic congestion. It exempts the Indian tribes from any increases in state and local taxes. It also doesn't even specify whether the state would continue to receive the payments it currently receives. It eliminates the power of the Governor to negotiate how much is paid for the right to operate casinos in California. If passed, this would cause serious damage to living conditions in urban areas.

      *******************************************************

      Proposition 69 - DNA Samples. Collection. Database. Funding. Initiative Statute.

      NO

      This initiative sounds good on the surface. However, it has some serious flaws. Specifically, it permits law enforcement agencies to take a DNA sample from those who have committed no crime. There is no requirement that those who are innocent be excluded from the database, even if requested after acquittal.

      If the proposal required DNA testing of only convicted felons (except white collar crime) and required DNA testing of anybody who requests it (to prove innocence), it would be a good proposal, particularly if the DNA records which were voluntarily given/requested were expunged from the database after acquittal or dropping of the charges.

      There is also no requirement for secondary testing in the case of a match with a felony crime scene. If the lab makes a mistake, as has happened in two other states, an innocent person could be convicted and spend a long time behind bars without any guarantee that the test could be redone as a check.

      There is no reason for white collar criminals (such as people intentionally bouncing checks) to be tested. Tests on this type of criminal would waste law enforcement funding which could be better spent elsewhere. This initiative should be rewritten and put on the ballot after corrections.

      *******************************************************

      Proposition 70 - Tribal Gaming Compacts. Exclusive Gaming Rights.

      NO

      Contributions to State. Initiative Constitutional Amendment and Statute.

      Gives Indian tribes a 99 year monopoly. It eliminates requirements for more complete environmental rules and also eliminates negotiations with local governments, stopping local input and control.

      No size or location limits on casinos. It also would have many of the same results as proposition 68. To repeat: If you do not want Indian gambling facilities in urban areas of California, vote NO. Increased crime comes with gambling facilities. They would also increase traffic congestion. There is no local input or control if this passes.

      It exempts the Indian tribes from any audits to ensure the state getting what is required in taxes. It eliminates the power of the Governor to negotiate how much is paid for the right to operate casinos in California.

      If passed, this would cause serious damage to living conditions in urban areas. Since the tribes are exempt from other taxes, the casinos would apparently not be subject to property taxes or income taxes either.

      *******************************************************

      Proposition 71 - Stem Cell Research. Funding. Bonds. Initiative Constitutional Amendment and Statute.

      NO

      This is a bond initiative. See comments at top on the financing of bond issues. Unlike other bond issues, there is no time limit on this proposal. It could go on for decades. It also puts the state in the position of funding research.

      Research funding is typically done by the federal government. (Whether federal government funding is constitutional is an issue we won't address here). Additional problems concern both morals/ethics and effectiveness. ADULT stem cells are already used to treat many diseases. They are effective. Embryonic stem cells have never been shown to be effective at treating ANY disease.

      Furthermore, they have caused tumors in lab animals. The only effects have been detrimental. An embryo is a human life. Destroying an embryo to help others has serious ethical problems even if it were effective. But it isn't! This proposal is both a financial and ethical disaster.

      ********************************************************

      Proposition 72 - Health Care Coverage Requirements. Referendum.

      NO

      Requires businesses with at least 20 employees to pay for health insurance for those employees. Federal law prohibits states from doing this very thing. This would make lawyers rich with fees from lawsuits. Why waste state money to defend an illegal initiative?

      In addition, if this initiative were enacted, more businesses would leave California to keep costs down and competitive with goods made in other states. Businesses which stay will have costs per employee go up, increasing layoffs for budget reasons.

      Businesses would have the option of negotiating directly with insurance companies or having the state do it. The state would be in the position of negotiating health care for those businesses who opt for this option as specified in the proposal.

      This is more bureaucracy with more opportunities for graft, fraud and kickbacks. Let the businesses or individuals negotiate their own health plans.

      ********************************************************

      Los Angeles County:

      Proposition A - Los Angeles County Public Safety, Emergency Response and Crime Prevention Measure.

      NO

      Proposes a 1/2 cent increase in sales tax to fund police/fire services, etc. Proposition 172, passed in November 1993, already provides a 1/2 cent of sales tax in Los Angeles County to fund the same services.

      The public safety revenues are being used for other purposes. The REAL problem is lack of accountability - Los Angeles County Supervisors should be required to follow the law and let the money already being collected be used for its legally mandated purpose.

      In addition, deporting illegal aliens who are in County jails would greatly reduce costs, freeing up money for other law enforcement/fire fighting purposes.

      **********************************************************

      Citizens For A Better America ® with the acronym and website of CFABA.ORG appreciates the work done on the analysis and recommendations of the California ballot measures for the November 2, 2004 election by Bob Pegram.

      Bob was a candidate for the U.S. House of Representatives and was endorsed by CFABA.ORG for the March 2, 2000 primary election [http://www.CFABA.ORG]. He has also been a faithful member of CFABA.ORG with a minimum commitment of five dollars a month, sixty dollars a year. I have enjoyed reading and agreeing with Bob's recommendations," said Robert Colaco the Volunteer National Chairman and Founder of Citizens For A Better America ®.

      CFABA.ORG was founded on October 15, 1992. It is not controlled, authorized or connected to any Political Party, Candidate, Corporation, or Labor Union. Americans are always invited to become members of CFABA.ORG with a minimum commitment of five dollars a month, sixty dollars a year.

      Citizens For A Better America ® is a Registered Trademark ® in the United States Patents and Trademarks Office (USPTO.GOV). The Registration Number is 2500525.

      This is The End of News Release from Citizens For A Better America ® (CFABA.ORG). © Copyright, 1992-2004. All Rights Reserved by Citizens For A Better America ®.

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