STORYLINE Opinion: Proposition Pandamonium...Again!

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Opinion: Proposition Pandemonium...Again!

by Chuck McIntyre, published on October 14, 2012 at 2:22 PM

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Hey Sacramento voters, it’s that time of year again when we grab our ballots and vote up or down on matters about which we admittedly know little or nothing – California Propositions. Hiram Johnson’s well-meaning 1911 effort at a grass-roots tool to control the undue influence of big railroads has left us with a legacy of poor public policymaking.

And this year is no exception. Come November 6th we’ll be asked to render judgment on no less than eleven Propositions on which sponsors and opponents are spending millions of dollars to influence (aka cajole and mislead) our decisions. If that doesn’t wet your appetite for frivolity, however, don’t fret: 93 more propositions have been filed with the Secretary of State of which six are in the active signature-gathering stage.

The November 2012 topics range from two hefty tax measures – Propositions 30 and 38 – to, at the other extreme, the epitome of triviality, Proposition 33, a proposal to allow insurance companies to set auto insurance “prices” (premiums) based on previous coverage (or not) which will have little if any impact. Then there’s Proposition 40 to undue the only helpful reform of electoral district gerrymandering in recent memory; now that’s a real winner. Even a proposition, “3 strikes,” whose consequences – prison overcrowding and budget-busting costs – were predictable is back for correction as Proposition 36. And further wasting time, paper, cyberspace and money, there’s Proposition 31, to reform the State budget process, that appears to be entirely beside the point.

Since the average voter has little time or interest in doing the research required to develop an informed opinion on these propositions, the best general rule is to simply vote no on them. This is because they typically (a) benefit a special interest group to the detriment of the general public welfare, (b) are poorly written and as a result if passed are subject to legal challenge by their opponents, (c) produce unexpected (often adverse) consequences, (d) exist absent other competing alternative priorities or solutions, (e) are advertised in a misleading fashion, and (f) represent a breakdown of representative government. Why have an elected Legislature if it doesn’t effectively represent our needs and preferences?

The history of propositions in California has been one of substituting poor policy proposals for representative government while spawning a large cottage industry of consultants paid to gather signatures at your local Sacramento grocery or mall to qualify the initiatives and to then design and deliver misleading advertising (mostly televised, but increasingly online) about those that do. Millions (an estimated $3 million per proposition) spent to make poor, typically uninformed, public policy. Luckily, only half of the propositions that qualified for the ballot during the past decade actually passed.   

That said, however, there are several sleepers on the November ballot – namely, Proposition 34 that repeals the death penalty and the two tax measures, Propositions 30 and 38. On the one hand, the state’s structural budget deficit cries out for new tax revenues as well as program cuts - rather than program cuts alone. What if both measures pass?  Or neither? They are substantively different. Moreover, both tie their added revenues to specific uses, mainly education, that can certainly use the support, but further tie up the allocation of public monies, ignoring other priorities and preventing the Legislature from making good budgets even if they wanted to. Finally, both measures are temporary, ranging from seven to 11 years. This wouldn’t be necessary if prior propositions hadn’t put the Legislature in the awkward position of requiring a 2/3 vote to raise tax revenues but just a majority vote to adjust expenditures.

As Johnson himself might have said at the onset of this proposition debacle, “this is one helluva way to run a railroad.”

Chuck McIntyre
Sacramento economist and writer
   

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October 14, 2012 | 6:41 PM
"This wouldn’t be necessary if prior propositions hadn’t put the Legislature in the awkward position of requiring a 2/3 vote to raise tax revenues but just a majority vote to adjust expenditures."

That's it in a nutshell, Chuck!
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October 15, 2012 | 11:11 AM
And a "highly illustrative nutshell" at that, R.V. since this insane decision rule was set up by, you guessed it, another proposition some years back.
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October 15, 2012 | 10:26 AM
The 729 on death row murdered at least 1,279 people, with 230 children. 43 were police officers. 211 were raped, 319 were robbed, 66 were killed in execution style, and 47 were tortured. 11 murdered other inmates.

The arguments in support of Pro. 34, the ballot measure to abolish the death penalty, are exaggerated at best and, in most cases, misleading and false.

No “savings.” Alleged savings ignore increased life-time medical costs for aging inmates and require decreased security levels and housing 2-3 inmates per cell rather than one. Rather than spending 23 hours/day in their cell, inmates will be required to work. These changes will lead to increased violence for other inmates and guards and prove unworkable for these killers. Also, without the death penalty, the lack of incentive to plead the case to avoid the death penalty will lead to more trial and related costs and appeals.

No “accountability.” Max earnings for any inmate would amount to $383/year (assuming 100% of earnings went to victims), divided by number of qualifying victims. Hardly accounts for murdering a loved one.

No “full enforcement” as 729 inmates do not receive penalty given them by jurors. Also, for the 34,000 inmates serving life sentences, there will be NO increased penalty for killing a guard or another inmate. They’re already serving a life sentence.

Efforts are also being made to get rid of life sentences. (Human Rights Watch, Old Behind Bars, 2012.) This would lead to possible paroles for not only the 729 on death row, but the 34,000 others serving life sentences. On 9/30/12, Brown passed the first step, signing a bill to allow 309 inmates with life sentences for murder to be paroled after serving as little as 15 years. Life without parole is meaningless. Remember Charles Manson and Sirhan Sirhan. Convicted killers get out and kill again, such as Darryl Thomas Kemp, Kenneth Allen McDuff, and Bennie Demps.

Arguments of innocence bogus. Can’t identify one innocent person executed in CA. Can’t identify one person on CA’s death row who has exhausted his appeals and has a plausible claim of innocence. See http://cadeathpenalty.webs.com/
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October 15, 2012 | 11:17 AM
"The history of propositions in California has been one of substituting poor policy proposals for representative government"
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Looks more like the history of California propositions is one of a rather small segment of the population, public employee unions, having an inordinate amount of influence of California public policy. A great analysis from the Manhattan Institute below.
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http://www.manhattan-institute.org/html/cr_72.htm#.UHimKm_A9aU

"Public-sector unions have taken a position on 42 percent of the 178 ballot initiatives over the last 30 years. Voters ratified nearly half the measures they supported, and 75 percent of the measures that the unions opposed were defeated. In other words, unions are fairly effective playing "offense," working to win their goals at the ballot box. But they are extraordinarily effective playing "defense," using initiative campaigns to block proposals that threaten their interests."

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October 18, 2012 | 4:59 PM
University of California has skill in spending education funding from Prop 30, 38. University of California Chancellor Birgeneau ($450,000), Provost Breslauer ($306,000) pick pockets of in-state students, their parents clean. Birgeneau’s, Provost’s tuition increases ranked public Cal. the # 1 most expensive (during the greatest recession of modern times) for in-state students. B & B’s 14% annual tuition increases (2006 – 20012) illustrates an out of touch, self-serving Cal. senior management.
Robert J Birgeneau and Provost forget they are public servants, stewards of the public money, not overseers of their own fiefdom. Let’s review how they used tax funding:
Pay ex-politician $300,000 for several lectures; Recruit affluent foreign & affluent out of state students who displace qualified instate applicants; Spend millions (prominent East Coast university accomplishing same at 0 cost) for OE consultants to remove Chancellor, Provost created inefficiencies but prevent OE from examining Cal. senior management.
Email opinion marsha.kelman@ucop.edu Calif. State Senators, Assembly Members (The author has 35 years’ management consulting, taught at Cal. where he observed the culture & ways of senior management & yes was not fired)

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