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    4.    
LEGISLATION COMMITTEE
Meeting Date: 09/14/2020  
Subject:    November 3, 2020 Ballot Measures: Propositions 20, 21, and 23
Submitted For: LEGISLATION COMMITTEE
Department: County Administrator  
Referral No.: 2020-18  
Referral Name: November Ballot Measures
Presenter: L. DeLaney and Nielsen Merksamer Team Contact: L. DeLaney, 925-335-1097

Information
Referral History:
At their July 13, 2020 meeting, the Legislation Committee requested that staff return ballot measures Proposition 20, Proposition 21, and Proposition 23 to the Committee for further consideration.
Referral Update:

1. Proposition 20



RESTRICTS PAROLE FOR NON-VIOLENT OFFENDERS. AUTHORIZES FELONY SENTENCES FOR CERTAIN OFFENSES CURRENTLY TREATED ONLY AS MISDEMEANORS. INITIATIVE STATUTE.

Imposes restrictions on parole program for non-violent offenders who have completed the full term for their primary offense. Expands list of offenses that disqualify an inmate from this parole program. Changes standards and requirements governing parole decisions under this program. Authorizes felony charges for specified theft crimes currently chargeable only as misdemeanors, including some theft crimes where the value is between $250 and $950. Requires persons convicted of specified misdemeanors to submit to collection of DNA samples for state database.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state and local correctional costs likely in the tens of millions of dollars annually, primarily related to increases in penalties for certain theft-related crimes and the changes to the nonviolent offender release consideration process. Increased state and local court-related costs of around a few million dollars annually related to processing probation revocations and additional felony theft filings. Increased state and local law enforcement costs not likely to exceed a couple million dollars annually related to collecting and processing DNA samples from additional offenders.

The CSAC staff analysis of Prop. 20, which recommended "No position" on the measure, can be found in Attachment A.

The Official Voter Information Guide provides a summary of Prop. 20. Ballotpedia provides additional information about Prop. 20.

2. Proposition 21

EXPANDS LOCAL GOVERNMENTS' AUTHORITY TO ENACT RENT CONTROL ON RESIDENTIAL PROPERTY. INITIATIVE STATUTE.

Amends state law to allow local governments to establish rent control on residential properties over 15 years old. Allows rent increases on rent-controlled properties of up to 15 percent over three years from previous tenant’s rent above any increase allowed by local ordinance. Exempts individuals who own no more than two homes from new rent-control policies. In accordance with California law, provides that rent-control policies may not violate landlords’ right to a fair financial return on their property. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potential reduction in state and local revenues of tens of millions of dollars per year in the long term. Depending on actions by local communities, revenue losses could be less or more. (19-0001.)

The Official Voter Information Guide provides information for Prop. 21. Ballotpedia provides additional information about Prop. 21.


3. Proposition 23



AUTHORIZES STATE REGULATION OF KIDNEY DIALYSIS CLINICS. ESTABLISHES MINIMUM STAFFING AND OTHER REQUIREMENTS. INITIATIVE STATUTE.

Requires at least one licensed physician on site during treatment at outpatient kidney dialysis clinics; authorizes Department of Public Health to exempt clinics from this requirement due to shortages of qualified licensed physicians if at least one nurse practitioner or physician assistant is on site. Requires clinics to report dialysis-related infection data to state and federal governments. Requires state approval for clinics to close or reduce services. Prohibits clinics from discriminating against patients based on the source of payment for care. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased state and local health care costs, likely in the low tens of millions of dollars annually, resulting from increased dialysis treatment costs. (19-0025A1.)

The Official Voter Information Guide provides a summary of Prop. 23 . Ballotpedia also provides information about Prop. 23.

CalMatters offers a comprehensive 2020 Election Guide with a summary of all qualified ballot measures.

A summary of these three measures from the LA Times is as follows.


"Proposition 20: Tougher on parole, property crimes

California voters have weighed in twice in recent years to reduce the punishment for crimes considered by existing law to be among those less serious than violent felonies. In 2014, Proposition 47 was passed to reduce the penalties for some theft and drug crimes. In 2016, Proposition 57 offered a chance of parole to some serving prison sentences for crimes that don’t fall on the state’s list of violent crimes.

Both laws have been the subject of intense debate over whether they are the right step toward reducing the prison population and promoting rehabilitation or a wrong step that has led to an escalation in crime by repeat offenders.

This ballot measure would place new limits on some of the sentence reductions included in Proposition 47 and Proposition 57. It would allow some theft-related crimes to be charged as felonies and it would create two new crimes: serial theft (applicable only to a select list of crimes and to defendants who have prior convictions for certain crimes) and organized retail theft (two or more people involved in some theft crimes within a 180-day period). Both crimes could result in jail time.

Proposition 20 also would change the 2016 parole law championed by then-Gov. Jerry Brown, which blocked inmates convicted of crimes including human trafficking and solicitation from being considered for early release. It also would change some of the rules that must be followed by the state Board of Parole Hearings and community probation programs. And it would expand DNA testing to require samples be taken from some people convicted of theft and domestic violence.



Proposition 21: Rent control redux

Growing concerns over California’s lack of affordable housing have made rent control — a government-imposed cap on what landlords can charge their tenants — a hot topic in the state’s biggest cities and at the state Capitol. Last year, Gov. Gavin Newsom signed a law restricting annual rent increases to no more than 5% plus inflation, one of the strictest statewide caps on rent hikes in the country.

That law was written after California voters rejected a statewide rent control measure in 2018 championed by Los Angeles activist Michael Weinstein. This year, he’s trying again. Weinstein filed his new initiative just months after the defeat of his former effort, Proposition 10.

The 2018 ballot measure would have rescinded a state law that limits new local rent control ordinances. Proposition 21 is more modest, and would instead narrow that law. If it passes, cities and counties could apply rent control to housing that is more than 15 years old, with the exception of some single-family homes. The ballot measure would allow local governments to impose limits on rent increases when a new renter moved in.

The measure would supersede any local rent control rules. In Los Angeles, for example, it could mean many more housing units would be eligible for limits on what a landlord could charge.



Proposition 23: Kidney dialysis clinic rules revisited

Like the do-over ballot measure on rent control, this is the second straight November election in which California voters will be asked to approve a new law governing kidney dialysis clinics in the state.

About 600 dialysis clinics in California serve about 80,000 patients per month, according to a state legislative analysis. To address the patients’ needs, clinics often operate longer hours each day and are open for six days a week.

The ballot measure would require every clinic to have at least one physician present during all operating hours. The clinics would have to offer the same level of care to all patients, regardless of whether the treatment is paid for by private insurance or a government-funded program such as Medi-Cal or Medicare. Clinic administrators would have to report more information about infections among their dialysis patients, and the state Department of Public Health would have a new role in agreeing to changes at a clinic or its closure.

The initiative was placed on the ballot by a union representing healthcare workers and will be opposed by the dialysis clinics, with other healthcare industry groups also weighing in by election day. These were largely the same forces that fought it out over Proposition 8 in 2018, which also would have imposed new rules on dialysis clinics and was rejected by voters."

Recommendation(s)/Next Step(s):
CONSIDER the ballot measures Prop. 20, Prop. 21, and Prop. 23 and make recommendations, if any, to the Board of Supervisors on those measures.
Attachments
CSAC Analysis of Prop. 20

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