ONE VICTORY, TWO LOSSES
The League took stands on three state ballot measures in the November election.
We supported Proposition 59--Public Records, Open Meetings--which was approved by 83 percent of the voters. This constitutional amendment went into effect the day after the election and its sponsor, the California First Amendment Coalition (CFAC), immediately filed a request for the Governor's records of his appointments and meetings since taking office a year ago. CFAC believes that the public should know who is meeting with the Governor and is thus likely to be influencing his decisions. In 1991 the California Supreme Court exempted such records from public view with a very broad interpretation of the exemption provisions of the Public Records Act. The records request by CFAC noted that Prop. 59 requires that any statute that limits the public's right of access be narrowly construed. On November 19 Governor Schwarzenegger said he would comply with the request; CFAC will be monitoring the nature of the records he makes public. Proposition 59 is clearly a victory for open government.
The League opposed Proposition 69--DNA Samples Collection Database Funding. This measure passed with 62 percent of the vote. Voters clearly have heard that DNA samples can provide key evidence for solving crimes. They may well not have realized how extensively Prop. 69 will expand the number of people from whom DNA samples will be collected. Implementation of the measure is beginning with collection of DNA samples from all convicted felons, both current prison inmates and persons on parole or probation. In a November 9 article the Los Angeles Times said, "Between inmates, parolees and new felony convicts, the state could in one year roughly double the 250,000 DNA 'fingerprints' now in its database." Beginning in 2009 every person charged with any felony will have DNA samples taken. The Legislative Analyst estimates Proposition 69's mandate to cost nearly $20 million a year once it is fully in place. The program is to be funded primarily by raising fines for some offenses by $1 for every $10 currently levied. Those who opposed Prop. 69 will be interested to see whether the public finds the collection to be an invasion of privacy and whether the funding will be adequate.
The League supported Proposition 72--Health Care Coverage Requirements. It was defeated with 50.9 percent of the voters voting against it. The difference was about 205,000 votes of 11.4 million cast. Employers who would have been affected by Prop. 72 spent a great deal of money to defeat it. Although the League supported this employer-based health care system as a step toward universal health care coverage, our strongest support is for the Health Care for All Californians Act, a single-payer bill that has been working its way through the Legislature. The defeat of Prop. 72 must stimulate us to work harder to address the current crisis in access to health care.
--LWVC Legislation Director
