WORSE THAN PROP 47: Stealth bill sneaks in radical changes to California’s criminal justice system. “The most irresponsible legislation our state has ever seen”.

Stealth bill sneaks in radical changes to California’s criminal justice system https://t.co/ARwiRINxLd

— Legal Insurrection (@LegInsurrection) July 7, 2018

The Association of Deputy District Attorneys is sounding the alarm over a measure that was signed into law in California after being hidden in an omnibus health spending bill.

In a startling abuse of the legislative process, a budget clean-up bill has just been used to sneak in radical and never-debated changes in the criminal justice system. It allows a defendant suffering from a mental disorder to be granted pre-trial diversion and the charges later dismissed for any crime if a judge finds the disorder played a significant role in the crime and if a defendant has “substantially complied” with mental health treatment during the diversion period. In short, this new law allows diversion and the dismissal of charges for any crime, including those where a victim was killed or seriously injured.

This massive change in law was slipped into AB 1810, the “Omnibus Health Trailer Budget Bill” for 2018. The purpose of trailer bills is supposed to be to implement provisions in the budget bill, not to write substantive new policy. However, as columnist George Skelton explainedlast year, these trailer bills are “created in the dark without much legislative or public scrutiny” and “mostly used now by Democrats for slipping through touchy new policy.”

Under AB 1810, a defendant charged with any crime can get those charges dismissed if they convince a judge the mental disorder they suffer from played a “major” role in the charged crime; if a mental health expert says the symptoms motivating the criminal behavior would respond to treatment; and if the defendant undergoes “treatment” during a diversion period with no minimum time period and a maximum of two years. Incredibly, only the defense gets to submit a psychiatric report; the prosecution has no opportunity to rebut that report with their own report or have their own expert examine the defendant. Finally, the mental health treatment shall be deemed “satisfactory” and dismissal granted should a defendant “substantially comply” with the diversion conditions and commit no “significant” new crimes while in diversion, although what constitutes “substantial completion” or a “significant” crime is not defined in the bill.

Prosecutors throughout California are sounding the alarm about a provision snuck into the state budget that amounts to get-out-of-jail-free card for ALL CRIMES if a defendant convinces a judge to place them in a temporary mental health treatment program. https://t.co/jnXafhpIEm

— Judge Steven Bailey (Ret.) (@BaileyForAG) July 8, 2018

Why do California lawmakers insist on treating criminals better than law-abiding citizens? #AB1810 #Prop47#Prop57 #SB10 #AB931 https://t.co/qtwcA6lOSB

— Judge Steven Bailey (Ret.) (@BaileyForAG) July 8, 2018

Thefts rise after California reduces criminal penalties

California voters' decision to reduce penalties for drug and property crimes in 2014 contributed to a jump in car burglaries, shoplifting and other theft, researchers say. https://t.co/S0qVF3TmQ8

— The Associated Press (@AP) June 13, 2018

Thefts rise after California reduces criminal penalties... https://t.co/Hw0jgCysAy

— DRUDGE REPORT (@DRUDGE_REPORT) June 13, 2018

California voters' decision to reduce penalties for drug and property crimes in 2014 contributed to a jump in car burglaries, shoplifting and other theft, researchers reported.

Larcenies increased about 9 percent by 2016, or about 135 more thefts per 100,000 residents than if tougher penalties had remained, according to results of a study by the nonpartisan Public Policy Institute of California released Tuesday.

Thefts from motor vehicles accounted for about three-quarters of the increase. San Francisco alone recorded more than 30,000 auto burglaries last year, which authorities largely blamed on gangs. Shoplifting may be leveling off, researchers found, but there is no sign of a decline in thefts from vehicles.

Proposition 47 lowered criminal sentences for drug possession, theft, shoplifting, identity theft, receiving stolen property, writing bad checks and check forgery from felonies that can bring prison terms to misdemeanors that often bring minimal jail sentences....

For those who may have read today's Times Standard article... https://t.co/N1XXXLL4hv

— Steve Watson (@SWatsonEPD) June 14, 2018

Thefts rise after California reduces criminal penalties https://t.co/JN4X8YycP8 pic.twitter.com/YVqZCXsLVF

— Boston Herald (@bostonherald) June 13, 2018

CAGOP: CLOSING THE PROP 47 LOOPHOLE

◼ Assemblymembers Tom Lackey and Scott Wilk introduced legislation to protect small businesses from organized shoplifting that has become a problem under Prop. 47.

• People are able to shoplift anything less than $950 an incident
• These criminals often steal multiple times a week because they know there are no consequences

Prop. 47 has created a get out of jail free card for many – prompting a rise in property crimes

• “But along with the successes have come other consequences, which police departments and prosecutors refer to as the “unintended effects”: Robberies up 23 percent in San Francisco. Property theft up 11 percent in Los Angeles. Certain categories of crime rising 20 percent in Lake Tahoe, 36 percent in La Mirada, 22 percent in Chico and 68percent in Desert Hot Springs.” – ◼ Read More

Prop. 47 was supposed to save taxpayers money, but the costs have simply shifted to local governments and Californians.

• ◼ Cost-shifting crime from the State to the County
• The increase in property crime – including theft – forces additional costs on individuals who are the victim of these released criminals

#Prop47 - A ‘virtual get-out-of-jail-free card.' #LESM #Police http://t.co/SHVvwC0Ebd

— San Diego Police OA (@SDPOA) October 12, 2015

Fox&Hounds -- Closing The Prop. 47 Loophole That’s Boosting Organized Crime https://t.co/eYzsEUhrqo

— Fox&Hounds (@FHDaily) June 21, 2016

...Shoplifting, in particular, has exploded under the new sentencing rules. While some consider it a minor crime, retail theft has real consequences for its victims. This is especially so for small, locally owned businesses, which already face a razor-thin profit margin. Right now, as long as a shoplifter only steals $950 worth of goods at a time, they cannot be charged with a felony. Organized crime groups have figured this out, sending low-level criminals on multiple shoplifting trips with little fear of a lengthy jail sentence if caught....

LA Deputy District Attorneys: Prop. 47 Is a Crime Creator AND Economic Loss - California... https://t.co/g98Et0Mq9J

— Beth Chapman (@MrsdogC) February 17, 2016

The Legislative Analysts Office (LAO) usually does A+ work. But even the best makes a mistake. In this case, whether or not Prop.47 has “saved” tax dollars is a gigantic mistake. The question is simple, when asking if a system or policy saved money, you need to take all the factors into account. The LAO just noted a small portion of the equation—fewer people in jail or prison means less correctional costs. Not included in the COST of the added crime, thefts, insurance pay offs, hospital and funeral bills—plus the cost of the public buying guns and ammunition, paying for weapons training, lock boxes, etc…to protect yourself from the Prop. 47 savings.

“It has been a colossal failure. It should have been entitled the “Make Our Neighborhoods and School Less Safe Act” which is the sole and inevitable reality of deliberately releasing known criminals onto the street. Prop 47 is a cost-shifting shell game. Innocent people are incurring heavy costs –physical and emotional – while criminals are reaping the rewards due to a lack of punishment and no incentive to abide by the law or be well-functioning members of society. The only beneficiary of this proposition were thieves and drug offenders.” READ the ADDA President Comments on Legislative Analyst’s Office Prop. 47 Report
Marc Debbaudt, Association of Los Angeles Deputy District Attorneys, 2/12/16 at the link.

(Democrats making crime legal.) California ballot measure blamed for shoplifting jump

(Democrats making crime legal.) California ballot measure blamed for shoplifting jump | Fox News | https://t.co/OqUzmTBdA0

— Warner Todd Huston (@warnerthuston) May 15, 2016

Perry Lutz says his struggle to survive as a small businessman became a lot harder after California voters reduced theft penalties 1½ years ago.

About a half-dozen times this year, shoplifters have stolen expensive drones or another of the remote-controlled toys he sells in HobbyTown USA, a small shop in Rocklin, northeast of Sacramento. "It's just pretty much open season," Lutz said. "They'll pick the $800 unit and just grab it and run out the door."

Anything below $950 keeps the crime a misdemeanor — and likely means the thieves face no pursuit and no punishment, say retailers and law enforcement officials. Large retailers including Safeway, Target, Rite Aid and CVS pharmacies say shoplifting increased at least 15 percent, and in some cases, doubled since voters approved Proposition 47 and ended the possibility of charging shoplifting as a felony with the potential for a prison sentence.

Shoplifting reports to the Los Angeles Police Department jumped by a quarter in the first year, according to statistics the department compiled for The Associated Press. The ballot measure also lowered penalties for forgery, fraud, petty theft and drug possession.

Public Policy Institute of California researcher Magnus Lofstrom noted a troubling increase in property crime inCalifornia's largest cities in the first half-year after Proposition 47 took effect. Preliminary FBI crime reports show a 12 percent jump in larceny-theft, which includes shoplifting, but he said it is too early to determine what, if any, increase is due to the ballot measure.

Capitol Update Friday, February 27, 2015

President's Message

I had the opportunity to spend part of Thursday at the Capitol with our Advocate, Allison Olson. We met a number of our newly elected Assembly members . It was a very productive and inspiring morning. We first visited Assembly member Catharine Baker, AD16, and it was especially exciting to visit her. So many Federated women in the Bay Area worked hard to get her elected and it was a thrill to see her in her office at the Capitol. We also visited Assembly members Jay Obernolte, AD33, Tom Lackey, AD 36,, and our hard working Assembly Leader Kristin Olsen, AD 12. We had very productive meetings talking about how we can work together to help get the word out for important bills and legislation to all of our members so they can act on them! We have a very inspiring group of newly elected legislators in Sacramento and I think the next two years will be very productive and exciting.

NFRW & CFRW Scholarships

I would like to share with you some important information about the NFRW & CFRW Scholarships. I know many clubs sponsor scholarships to local winners but you don’t want to forget about the NFRW and CFRW scholarships as well. The June 1 deadline for NFRW scholarships will be here before we know it! Don’t forget the Ronald Reagan Scholarship. It is due August 15 but it doesn't hurt to start thinking of worthy applications.

Last year we only received 6 applications for the Pathfinder Scholarship and no applications for the Rendel Scholarship. I would like to encourage all of our clubs to try to sponsor young college women for these scholarships This is also a great opportunity to help mentor college women, help them organize a College Republican group if their school does not have one, invite them to your meetings and even encourage them to become members. Why not give them a Membership Gift Certificate , or provide them with a discounted cost for membership? For example: we send in $16 with our per capita for each new or renewed member per capita . If you have a category for student membership at $16, your club is not losing any money but you are gaining a new member! Just an idea, we can all benefit by helping them. Remember these young Republican Women are our future!

The National Pathfinder Scholarship (Deadline: June 1)

These three annual scholarships, in honor of former First Lady Nancy Reagan, provide scholarships of $2,500 in financial assistance to young women seeking undergraduate or graduate degrees. Undergraduate sophomores, juniors and seniors as well as students enrolled in a Master’s degree program are eligible to apply for the scholarship.

The Betty Rendel National Scholarship (Deadline: June 1)

Established in 1995 this scholarship, in honor of NFRW Past President Betty Rendel’s extraordinary leadership skills and dedication to the Republican Party, provides $1,000 each to three undergraduate women currently majoring in Political Science, Government or Economics. Applicants must have completed their freshman year of college to be eligible to apply. Both applications need to be received by the State President by June 1!

THE PRESIDENT RONALD REAGAN SCHOLARSHIP (Deadline: August 15)

The California Federation of Republican Women offers a scholarship in honor of President Ronald Reagan. This annual $2,000 scholarship is offered to an undergraduate registered Republican woman who is majoring in political science, communication, or directed toward law. The applicant must be a United States citizen and have completed two years of college. The applicant must be a resident of the State of California.

Our hardworking CFRW Scholarship Chair, Rosalia Zamora, can provide you more information. Check out our CFRW website to download the applications or for more information. I hope to seem many of you this weekend at the CRP Convention in Sacramento.

God Bless America!

Thank you for all you do,
Roseann
Working Together to Make A Difference

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Introduction Deadline

The deadline to introduce bills this legislative session is today, Friday, February 27th. This means if a legislator wants to run a bill this session, he or she has to have introduced it by today. But that does not necessarily mean the bill they introduce will be the one passed down the line. Many legislators are introducing "spot bills", or place holders for the author to fill in the language of the bill at a later date. At press time, 1,764 bills have been introduced; 1130 from the Assembly and 634 from the Senate. But bear in mind that many of these bills are spot bills. The legislation will begin to take shape in the coming weeks as committee hearings start meeting. Stay tuned, the bill count will likely go past 2,000 bills introduced by the time the day is done!

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Fixing Prop 47

Last week we reported on all the unintended consequences of Prop 47's passage. Well, legislators are already working to fix it's terrible by-products. We mentioned a couple bills last week, Assemblywoman Melendez's AB 150, which aims to fix the gun theft penalty reduction in Prop 47, and AB 390 (Cooper, D), which would allow law enforcement officials to still collect DNA evidence despite Prop 47's restrictions. Yet another bill by Republican Assemblyman Tom Lackey, would restore felony charges for date rape drug possession. Get the facts from Assemblyman Lackey ◼ HERE. Below are some quick facts from the Assemblyman's office that will help you when discussing this bill with other Californians. Get them informed!

What is the background of this proposal? In November 2014, California voters approved Proposition 47 which reclassified many crimes from felonies to misdemeanors. One of these reclassifications involved the possession of the drugs Rohypnol and GHB—commonly known as “date rape” drugs. Under Prop. 47, only offenders who have been previously been convicted of a serious crime such as rape or murder can be charged as felony offense for possession of date rape drugs.

Proponents of Prop. 47 argued the state’s prisons and jails are filled with low-level offenders serving sentences for crimes such as drug possession. One loophole created by Prop. 47’s passage is that it treats possession of drugs used for personal recreational purposes and date rape drugs equally. There must be a clear distinction between drugs that are likely to be used for malicious purposes and those intended for personal consumption.

What is the problem to be addressed? A person is not in possession of a date rape drug for their own use. Instead these drugs are weapons in the hands of sexual predators. A person found in illegal possession of them should be treated as a dangerous criminal and face a potential felony conviction. Yet, Prop. 47 treats recreational drug possession and date rape drug possession equally by reducing possession of both to a misdemeanor that will likely result in little to no jail time. Law enforcement and victims’ rights organizations pointed out this flaw in Prop. 47 prior to its passage. Because of the amnesia effects date rape drugs have on their victims, sexual assaults involving their use are under reported to law enforcement and remain a major problem.

By taking away a prosecutor’s ability to charge an offender with a felony for possessing these tools used for sexual assault, many offenders will evade serious punishment and will be emboldened to commit further crimes. AB 46 simply offers an opportunity to California voters to resolve this issue and to decide if possession of date rape drugs should be a felony.
What specifically does this bill do? AB 46 will restore the ability to bring felony charges for the possession of most commonly used date rape drugs, including Rohypnol, GHB and ketamine. District attorneys will again be given discretion to charge a felony or misdemeanor. AB 46 is a majority vote bill that will be sent to the voters if passed by the Legislature and Governor.

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CRP Convention This Weekend!

We hope that many of you are joining us at our California Republican Party Covention this weekend! We will have our CFRW Caucus meeting on Saturday, February 28th, at 2pm in the Convention Center Room 104. Please join us to hear from candidates and elected officials, hear from our CFRW officers, and to hear exciting news about our upcoming Advocacy Workshop!
The CFRW will also be hosting a Wine Tasting Reception at convention on Saturday night, after the banquet. Thanks our sponsors, NFRW President Kathy Brugger and Senator Jim Nielsen, we are excited to feature Republican-owned family vineyards at Downtown and Vine from 9-11pm. Downtown and Vine is located a stones throw from the Hyatt and the convention center at 1200 K Street, #8. Our last CRP reception was the talk of convention, so you wont want to miss it!

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Join Us!
As many of you know, the California Federation of Republican Women are on Facebook and Twitter! We want you to "Like" and "Follow" us, and invite your friends! Facebook and Twitter are easy ways to stay connected and informed about what is going on in Sacramento and D.C.! You can find us at ◼ >www.facebook.com/theCFRW and ◼ www.twitter.com/CFRWadvocate!

Proposition 47: L.A. County report details profound effect on justice system

◼ L.A. County report documents impact of Prop. 47, including fewer narcotics arrests, less money for victims - LA Times

Proposition 47 is having a profound effect on Los Angeles County’s criminal justice system, from the jails to mental health treatment to workloads for prosecutors and public defenders, according to a draft report by the county’s chief executive.

...In the county jails, overcrowding has eased, as people serving time on Prop. 47 charges are released and new offenders are not being locked up. This allows more serious offenders to serve a larger percentage of their sentences instead of getting out early....

A new era in California criminal justice dawned this week, as hundreds of inmates walked out of county jails.

◼ Prop. 47: Bay Area counties begin releasing inmates - San Jose Mercury News

A new era in California criminal justice dawned this week, as hundreds of inmates walked out of county jails and more than 4,000 held in state prison readied for possible release with reduced sentences for theft or drug crimes, following voter approval of Proposition 47.

Around the Bay Area, judges did not even wait for election results to be certified before resentencing inmates and reducing charges. And attorneys geared up to ensure the law's mandates are implemented as swiftly as possible.

◼ Multiple Humboldt Correctional Facility Inmates Released Into a Shiny, New Post-Prop 47 World - Andrew Goff/Lost Coast Outpost

On Tuesday, Californians passed Proposition 47 — AKA the Safe Neighborhoods and Schools Act — which reclassifies drug and theft crimes that involve less than $950 from felonies to misdemeanors.

Less than three days later, the Humboldt County Sheriff’s Office announced this morning that it has already freed eight qualifying inmates. There’s certainly more to come.

◼ Thanks to Prop 47, Humboldt will be the new location for Walking Dead - John Chiv/Words Worth

Thanks to California lawmakers, legislators and all those who voted in favor of Prop 47, more incentive for criminals and no consequences.

◼ I'm Wondering About Prop 47 - Fred's Humboldt Blog

CFRW Ballot Recommendations

CFRW Ballot Recommendations

Below are the official California Federation of Republican Women (CFRW) Ballot Recommendations. Once again, it should be noted that our recommendations are just that- recommendations. It is the hope of the CFRW Voting Body that our Republican Women heed our recommendations but ultimately research these propositions on their own as well so that they can better educate other California voters. Every election is just as important as the last!

CFRW Ballot Recommendations

CFRW Ballot Recommendations

Below are the official CFRW Ballot Recommendations. Once again, it should be noted that our recommendations are just that- recommendations. It is the hope of the CFRW Voting Body that our Republican Women heed our recommendations but ultimately research these propositions on their own as well so that they can better educate other California voters. Every election is just as important as the last!

Time Donnelly: November 2014 Voter Guide

◼ Statewide Ballot Propositions

Prop 1: No. This proposition is better than the one previously passed, but it is so laden with pork and political payoffs to the enviro-extremists that we wind up paying $14.5 Billion (when you include the interest over 40 years) for $2.7 Billion in water storage funding. There’s no guarantee that they will finish Temperance Flats or Sites Reservoir, and there is language that concern some experts about the possibility of the future removal of Klamath River Dam. Wasting money on bike paths in San Diego and sand dune restoration in Pismo Beach has nothing to do with water storage or conveyance, and shouldn’t be stealing scarce dollars from critically needed water infrastructure.

Prop 2: Yes. Anything that restrains or slows down politicians from spending our money, I’m for! Say yes to the rainy day fund.

Prop 45: No! The last thing in the world we need is to put more power in the hands of the Insurance Commissioner. This is a blatant power grab that would give the insurance commissioner sole authority to implement ObamaCare instead of an independent commission.

Prop 46: No. No need to punish good doctors for the behavior of a handful of bad apples. This will increase the cost of healthcare and make trial lawyers even richer.

Prop 47: No. This bill seeks to address prison overcrowding, and while I favor it’s intent, and even some of it’s provisions, instead of sticking with low-level drug offenses, this bill would allow potential rapists (in possession of date-rape drug) and forgers be charged as misdemeanors.

Prop 48: No recommendation

MORE at the link

Proposition 47: Criminal Sentences. Misdemeanor Penalties

◼ Proposition 47 | Official Voter Information Guide - CA SOS
◼ Proposition 47 - Criminal Sentences. Misdemeanor Penalties. - Legislative Analyst's Office
◼ California Proposition 47, Reduced Penalties for Some Crimes Initiative - Ballotpedia

◼ Proposition 47 would lower penalties to reduce prison population, pay for programs - Sam Stanton/Sacramento Bee

Over the years, California voters have been asked to decide a number of criminal justice issues, ranging from whether to keep the death penalty to modifying the state’s “three-strikes” law. Now, voters are now being given the chance to alter punishments for nonviolent crimes in a move that proponents say ultimately will reduce crime statewide.

Proposition 47 asks voters to approve reducing from felonies to misdemeanors punishments for a variety of property crimes that supporters of the measure say will reduce overcrowding in California’s 34 adult prisons. The measure is the latest in a series of attempts by penal reform groups and state officials to cut California’s prison costs by reducing inmate populations.... KEEP READING

WHO’S FOR IT?▪ San Francisco District Attorney George Gascón
▪ Humboldt County District Attorney Paul Gallegos
▪ Santa Clara District Attorney Jeff Rosen
▪ William Lansdowne, former chief of police for San Diego, San Jose and Richmond
▪ Crime Survivors for Safety and Justice
▪ California Catholic Conference
▪ State Senate President Pro Tem Darrell Steinberg
▪ California Democratic Party
▪ League of Women Voters of California
▪ California Teachers Association
▪ California Labor Federation
◼ YES ON 47 claims it is for SAFE NEIGHBORHOODS and SCHOOLS: It's a simple and common-sense idea, but a powerful one. This reform will improve public safety, reduce prison spending and invest hundreds of millions in K-12 schools, victim services, and mental health and drug treatment.
◼ San Francisco Chronicle says Yes. Claims: Savings from the initiative, projected at $150 million to $250 million per year, would be channeled into a safe neighborhoods and schools fund for anticrime programs, including mental health treatment, truancy and dropout prevention and victim compensation.

WHO’S AGAINST IT?▪ California District Attorneys Association
▪ California Police Chiefs Association
▪ California State Sheriffs’ Association
▪ California Peace Officers Association
▪ California Coalition Against Sexual Assault
▪ Crime Victims United of California
▪ California Fraternal Order of Police

Arguments against
U.S. Senator Diane Feinstein (D), said Proposition 47, called the "Safe Neighborhoods and Schools Act" by supporters, "will do anything but make our communities safer." She elaborated:

“Prop. 47 would do two things. First, it would reclassify a wide range of crimes from a felony to a misdemeanor. This would mean shorter prison sentences for serious crimes like stealing firearms, identity theft and possessing dangerous narcotics such as cocaine and date rape drugs.

Second, Prop. 47 would result in the resentencing and release of thousands of individuals already convicted of these crimes.

The crimes that would be reclassified from a felony to a misdemeanor are not minor crimes.

For instance, the penalty for stealing a firearm valued at up to $950 would be reduced from a felony to a misdemeanor, reducing a sentence from up to three years in prison today to a maximum of just 12 months under Prop. 47.

Stolen firearms often end up in the hands of felons and others who cannot legally possess them, where they are used to commit violent crimes. Theft of a firearm should be punished as a felony, plain and simple...

The problem is the definition of “unreasonable risk of danger to public safety” is extraordinarily narrow. It covers only those who are at risk of committing eight specific crimes: three specific sex offenses, murder or solicitation to commit murder, assault with a machine gun on a peace officer or firefighter, possession of a weapon of mass destruction or an offense punishable by life in prison or death.

This means an individual at risk of committing serious crimes other than the eight listed above, such as carjacking or robbery, would automatically qualify for resentencing if he is serving time for a crime covered by Prop. 47...

By the time a person has been convicted of a felony covered by the proposition, he has most likely been through the judicial system several times.

Simply put, the reduction in sentences proposed by Proposition 47 would ultimately lead to the release of thousands of dangerous criminals, and a wholesale reclassification of many dangerous felonies as misdemeanors would put the people of California at continued risk going forward.”
—U.S. Senator Dianne Feinstein

Other arguments against the propositions include:
The National Association of Drug Court Professionals, a group opposing Proposition 47, said, "Proposition 47 provides for virtually no accountability, supervision or treatment for addicted offenders. Prop 47 removes the legal incentive for seriously addicted offenders to seek treatment... Proposition 47 turns a blind eye to over two decades of research and practice that demonstrates addicted offenders need structure and accountability in addition to treatment to become sober..."

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◼ CFRW recommends a "NO" Vote
◼ The California Republican Party recommends a "NO" Vote
◼ Tom McCLintock recommends a "NO" Vote

We’ve gone overboard on some drug-related offenses, but this Proposition can only be described as a drug-induced hallucination. It reduces many grand-theft crimes to misdemeanors and would release an estimated 10,000 incarcerated criminals back on the streets. Basically, it is a burglar’s get-out-of-jail free card. Good news for alarm companies and the handful of 60’s radicals nostalgic for Rose Bird – bad news for the rest of us. Hide the silver.

Yes, this is a low bar – permitting fixes and not writing legal blank checks – but when it comes to California initiatives, you must lower your expectations.

◼ Three Ballot Initiatives, Not Quite As Awful As Usual - Fox&Hounds

It might be more precise to say: those three initiatives are less awful than usual.

I’m not talking about the policy substance of the initiatives – which involve health insurance rate regulation (45), liability for medical errors and some other things (46) or criminal charges and sentencing (47). One can make arguments for and against those policies. But the issues and the policies aren’t the first question you should ask about California ballot initiatives. The correct first question is, instead: is it possible to fix the errors in these things?

The default for California initiatives is to not permit fixing – or amendment – by the legislative body at all. We’re the only place on earth where this inflexibility is standard on initiative statutes. And it’s the fundamental problem of the process; once you do something by initiative, there’s little you can do to undo it.

Which brings us to the good – well, the not-so-awful news. All three of these measures depart from the norm by permitting legislative amendment. For that, their sponsors should be praised.

CFRW Ballot Recommendations

CFRW Ballot Recommendations

Below are the official CFRW Ballot Recommendations. Once again, it should be noted that our recommendations are just that- recommendations. It is the hope of the CFRW Voting Body that our Republican Women heed our recommendations but ultimately research these propositions on their own as well so that they can better educate other California voters. Every election is just as important as the last!

Prop 1 Water Bond. 

Funding for Water Quality, Supply, Treatment, and Storage Projects: 

Yes

Summary: Authorizes $7.12 billion in general obligation bonds for state water supply infrastructure projects, such as surface and groundwater storage; ecosystem and watershed protection and restoration; drinking water protection; water supply management; water recycling and advanced water treatment technology; and flood control. Reallocates $425 million of unused bond authority from prior water bond acts, for same purposes. Appropriates money from the General Fund to pay off bonds. Requires certain projects to provide matching funds from non-state sources in order to receive bond funds

Fiscal Impact: Increased state bond repayment costs averaging $360 million annually over the next 40 years. Savings to local governments related to water projects, likely averaging a couple hundred million dollars annually over the next few decades.

Talking Points:

- Republicans in the legislature fought hard to bring down the cost of this bond while increasing the amount of money allocated for surface storage projects to $2.7 billion.

- The bond is not perfect, and in fact still has a good amount of money allocated for some environmental “pet projects.” But Republicans must continue to fight for surface storage projects to be completed with this new bond. Living in a Democrat super majority state, we aren't going to have the "perfect water bond" come out of Sacramento. But this bond is a step in the right direction. If this bond does not pass and legislators must go back to the drawing board, we fear a worse bond will be brought back to the people of California, without the critical water storage the Republicans fought so hard to have included in this bond.

- Language for dam removal projects were removed from this bond and instead money will be allocated to fund two dam and reservoir projects, one in Colusa County and one in Fresno County. The Fresno County site, Temperance Flats, is especially important because our Central Valley Farmers have been relying so heavily on wells and groundwater that now that infrastructure is unstable. Our farmers need more surface storage to keep California growing.

- Again, it is important to note that this bond is not perfect and Republicans cannot rest on their laurels once it is passed. But we believe this is why it is so important to work hard to get Republicans elected to the legislature this cycle. The more Republicans we have protecting our interests in the Capitol, the better!

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Prop 2 State Budget. Budget Stabilization Account. 

Legislative Constitutional Amendment: 

Yes

Summary: Requires annual transfer of 1.5% of general fund revenues to state budget stabilization account. Requires additional transfer of personal capital gains tax revenues exceeding 8% of general fund revenues to budget stabilization account and, under certain conditions, a dedicated K–14 school reserve fund. Requires that half the budget stabilization account revenues be used to repay state debts and unfunded liabilities. Allows limited use of funds in case of emergency or if there is a state budget deficit. Caps budget stabilization account at 10% of general fund revenues, directs remainder to infrastructure

Fiscal Impact: Some existing state debts would be paid down faster, resulting in long-term savings for the state. Changes in the level of state budget reserves, which would depend on the economy and future decisions by the Governor and the Legislature. Reserves kept by some school districts would be smaller

Talking Points:

- Another measure that Republicans worked hard to get to the ballot. Republicans have been working towards a rainy day fund for years. Every single Republican legislator in both the Senate and the Assembly voted in support of this proposition.

- Sets aside state revenues in a fund that cannot be used to further state spending in times of excess.

- Finally works to pay down state debt payments.

- Another caveat though, this bill must have Republican oversight once passed to make sure the fund is safe from greedy Democrat spending even after it is passed.

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Prop 45 Approval of Healthcare 

Insurance Rate Changes. Initiative Statute: 

No

Summary: Requires health insurance rate changes to be approved by Insurance Commissioner before taking effect. Requires sworn statement by health insurer as to accuracy of information submitted to Insurance Commissioner to justify rate changes. Provides for public notice, disclosure and hearing on health insurance rate changes, and subsequent judicial review. Does not apply to employer large group health plans. Prohibits health, auto and homeowners insurers from determining policy eligibility or rates based on lack of prior coverage or credit history.

Fiscal Impact: Increased state administrative costs ranging in the low millions to low tens of millions of dollars annually to regulate health insurance rates, funded with revenues collected from filing fees paid by health insurance companies.

Talking Points:

- A very dangerous measure that would place all insurance rate power in the hands of one politician, who would also have the decision making ability for your treatment options.

- Would create yet another costly state bureaucracy that would be funded by your higher healthcare costs.

- Sponsored by special interest lawyers who included a hidden provision allowing them to charge up to $675/hour and make tens of millions in fees off costly health care lawsuits.

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Prop 46 Drug and Alcohol Testing of Doctors. 

Medical Negligence Lawsuits. Initiative Statute: 

No

Summary: Requires drug and alcohol testing of doctors and reporting of positive test to the California Medical Board. Requires Board to suspend doctor pending investigation of positive test and take disciplinary action if doctor was impaired while on duty. Requires doctors to report any other doctor suspected of drug or alcohol impairment or medical negligence. Requires health care practitioners to consult state prescription drug history database before prescribing certain controlled substances. Increases $250,000 cap on pain and suffering damages in medical negligence lawsuits to account for inflation.

Fiscal Impact: Increased state and local government health care costs from raising the cap on medical malpractice damages, likely ranging from the tens of millions of dollars to several hundred million dollars annually.

Talking Points:

- It is no secret this measure was drafted by trial lawyers who stand to make millions with an increase on the “emotional pain and suffering” cap for medical negligence lawsuits

- This measure forces doctors and pharmacists to use a massive statewide database filled with Californians’ personal medical prescription information. A mandate government will find impossible to implement, and a database with no increased security standards to protect your personal prescription information from hacking and theft – none.

- If California’s medical liability cap goes up, you could also lose your trusted doctor. It’s true. Many doctors will be forced to leave California to practice in states where medical liability insurance is more affordable.

- A recent study found that this initiative will increase health care costs by $9.9 billion annually – or more than $1,000/year in higher health costs for a family of four

- It is deceptive. The drug testing of doctors portion of this measure was only added as an illusion to the real goal of this prop- to raise the cap on emotional pain and suffering

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Prop 47 Criminal Sentences. Misdemeanor Penalties. 

Initiative Statute: 

No

Summary: Requires misdemeanor sentence instead of felony for petty theft, receiving stolen property, and forging/writing bad checks when value or amount involved is $950 or less. Requires misdemeanor sentence instead of felony for certain drug possession offenses. Allows felony sentence for these offenses if person has previous conviction for crimes such as rape, murder or child molestation or is a registered sex offender. Requires resentencing for persons serving felony sentences for these offenses unless court finds unreasonable public safety risk. Applies savings to mental health and drug treatment programs, K-12 schools, and crime victims.

Fiscal Impact: Unknown. Potential savings to criminal justice system. But also potential costs associated to recidivism rates.

Talking Points:

- Felons with prior convictions for armed robbery, kidnapping, car jacking, child abuse, residential burglary, arson, assault with a deadly weapon, and many other serious crimes are still eligible for early release under this prop.

- Judges must rule on a criminal’s early release based only on the most recent felony. Prior felony convictions will not affect a judge’s ruling except in extraordinary circumstances. This means that serious, violent felons will be released and there is little a judge can do about it.

- Under current law, stealing a gun is a felony, period. Prop 47 would redefine grand theft in such a way that theft of a firearm could only be considered a felony if the value of the gun is greater than $950. Almost all handguns (which are the most stolen kind of firearm) retail for well below $950. People don’t steal guns just so they can add to their gun collection. They steal guns to commit another crime. People stealing guns are protected under Proposition 47.

- Proposition 47 will reduce the penalty for possession of drugs used to facilitate date-rape to a simple misdemeanor. No matter how many times the suspected sexual predator has been charged with possession of date-rape drugs, it will only be a misdemeanor, and the judge will be forced to sentence them as if it were their very first time in court.

Prop 48 Referendum to Overturn Indian Gaming Compacts: Neutral or No Position

Summary: If the measure is approved by the state's voters, it will ratify AB 277 (Ch. 51, Stats. 2013), ratify two gaming compacts between California and, respectively, the North Fork Rancheria of Mono Indians, and the Wiyot Tribe, and exempt execution of the compacts, certain projects, and intergovernmental agreements from the California Environmental Quality Act. This measure is a veto referendum; this means that a "yes" vote is a vote to uphold or ratify the contested legislation (AB 277) that was enacted by the California State Legislature while a "no" vote is a vote to overturn AB 277.

Fiscal Impact: One-time payments between $16 million and $35 million from the North Fork tribe to local governments in the Madera County area to address costs related to the operation of a new casino.Annual payments over a 20-year period averaging around $10 million from the North Fork tribe to the state and local governments in the Madera County area to address costs related to the operation of a new casino. Increased revenue from economic growth in the Madera County area generally offset by revenue losses from decreased economic activity in surrounding areas

Talking Points:

- There are pros and cons to this proposition. That’s why the CFRW has taken a neutral position. It is our hope that the Republican Women research this prop and decide how this will effect them and the future of California.

- It will create thousands of jobs in a depressed economic area. Madera County is in desperate need of jobs.

- But it creates a precedence whereby Indians can game outside of their tribal land. This is currently unprecedented. The current Indian Gaming Pact with our state allows tribes to only game on their tribal land. This referendum would allow tribes to petition to the government to game (build casinos) outside of their tribal land.

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