An initiative awaiting an official title and summary from Attorney General Jerry Brown would transfer the job of creating ballot descriptions to the Legislative Analyst.

The “21^st Century Ballot Reform Act” would also forbid the Legislature from writing ballot titles and summaries as well.

Brown – and the Democratic majority Legislature — has been criticized for slanting the title and summary of several ballot measures.

Consumer Watchdog claimed Brown, a likely Democratic candidate for governor, rewrote the title and summary of Proposition 17 on the June ballot to benefit Mercury Insurance which contributed $13,000 to Brown and $3.5 million to place the measure on the ballot.

The proposition would allow insurers to use driving history as a factor in calculating insurance rates, something banned by Proposition 103, a 1988 ballot measure backed by the founder of Consumer Watchdog.

The first title said the measure “allows insurance companies to increase or decrease the cost of auto insurance based on a driver’s coverage history. The second title, which came after backers of the initiative amended it reads:

“Allows auto insurance companies to base their prices in part on a driver’s history of insurance coverage.”

The second version will appear on the ballot.

“This title and summary differs from an earlier one because the substantive text of the two initiatives are different. It has nothing to do with politics,” wrote Jim Humes, Chief Deputy Attorney General, in response to Consumer Watchdog’s claims.

Sen. George Runner, a Lancaster Republican, filed a lawsuit over Brown’s title and summary of an initiative he backs requiring voters to present photo identification

Brown was also sued by backers of Proposition 8, which bans same sex marriage. They claimed his title and summary was argumentative and prejudicial. A court tossed out the complaint.

On February 3, Brown wrote a title and summary for a measure that would prohibit implementation of AB 32, the landmark greenhouse gas reduction measure until state unemployment falls below 5.5 percent for four one year.

“Suspends air pollution control laws requiring major polluters to report and reduce greenhouse gas emissions that cause global warming until unemployment drops below specified level for full year.”

The description goes on to say that, if approved, the state would “abandon implementation of comprehensive greenhouse-gas-reduction program that includes increased renewable energy and cleaner fuel requirements, and mandatory emission reporting and fee requirements for major polluters such as power plants and oil refineries, until suspension is lifted.”

One of the measure’s backers, Assemblyman Dan Logue, Chico Republican, told Capitol Weekly’s Anthony York “this looks like (Brown) handed this over to the environmental community and asked them to write this summary for them.”

In another recent title and summary of a major overhaul of the state’s budget system that includes two-year budgeting a reduction in the vote requirement from two-thirds to a simple majority Brown said in the title, which is written in bold uppercase letters, that the measure “changes state budget process in several ways.”

The Legislature also has been criticized for writing the title and summary of some measures it passes.

For example, Proposition 15 on the June ballot, a measure by Sen. Loni Hancock, an Oakland Democrat, imposes a fee on lobbyists and their employers to create a fund for public financing of candidates running for Secretary of State.

Toward the end of the measure, the bill orders the Secretary of State to use this title and summary of the proposition.

“CALIFORNIA FAIR ELECTIONS ACT. This act creates a voluntary system for candidates for Secretary of State to qualify for a public campaign grant if they agree to strict spending limits and take no private contributions. Candidates would have to qualify before receiving the grant. Candidates who demonstrate sufficient public support would receive the same amount. Participating candidates would be prohibited from raising or spending money beyond the grant. There would be strict enforcement and accountability with published reports open to the public. Funded by voluntary contributions and by a $350 annual registration fee on lobbyists, lobbying firms, and lobbyist employers.”

The initiative that would turn the task of title and summary over to the Legislative Analyst would also bolster the state’s online ballot pamphlet by adding links to the most recent campaign finance reports, websites of supporters and opponents of a ballot measure and video or audio presentations requested by the authors of the ballot arguments for and against the measure.

Received by Brown’s office January 19, it has yet to receive a title and summary.

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Gov. Arnold Schwarzenegger’s pick to fill the vacant lieutenant governor’s job was unanimously approved on a bipartisan vote by the Senate Rules Committee on February 3.

Sen. Abel Maldonado, a moderate Santa Maria Republican, was approved on a 4 to 0 vote. Sen. Sam Aanestad, a Grass Valley Republican, didn’t vote because he is a candidate for lieutenant governor. 

“This has been something I never thought I would go through, this process. I’ll never forget where I come from. I’ll never forget whose money government spends. Most important, I’ll never forget who put me in office,” Maldonado said before the committee vote.

To take office, the full Senate and the 80-member Assembly must still approve Maldonado. The state constitution says that if those votes don’t occur within 90 days he would also be able to take office.

The clock runs out February 23, the same day lawmakers must act on a series of emergency budget-cutting measures. Any bill increasing taxes would require the support of a handful of Republicans, such as Maldonado.

If he takes office, Maldonado would be the only California Latino statewide officeholder.

A key reason for Democratic support in the committee for Maldonado was his breaking with fellow republicans and voting in February 2009 to pass a budget that included temporary tax increases to help close a $42 billion budget gap between revenues and spending commitments.

“You crossed over last year — and other times — and last year to help avoid $25 billion of even deeper cuts to vital public investments including education and higher education,” said Senate President Pro tempore Darrell Steinberg, Sacramento Democrat, before casting an “aye” vote for Maldonado.

In exchange for his support of the budget, Maldonado, 42, insisted on three things: Placement of a constitutional amendment on the June 2010 ballot to create open primaries in state elections, a ballot measure to ban raises for legislators in years when the state is in the red and elimination of a proposed 12-cent gas tax increase.

While Maldonado largely supported the positions of the GOP governor who nominated him, he told the committee that deeper cuts to public schools and social programs cause greater harm to the economy. Multi-billion cuts — $2.4 billion for public schools alone — are called for in both areas in Schwarzenegger’s proposed budget for the fiscal year that begins July 1.

Maldonado, who described himself as “open-minded, reasonable and pragmatic,” also appeared to break with the governor over a proposal to expand offshore drilling in Santa Barbara. Schwarzenegger proposes uses $100 million in oil lease royalties from expanded drilling off Santa Barbra to help balance his budget.

The lieutenant governor is one of three members of the State lands Commission which regulates offshore drilling in state waters, which extend three miles out to sea.

Maldonado said he opposes the project because even though the company that would receive the go-ahead to increase drilling has committed to removing its platforms, that agreement isn’t enforceable because the platforms are in federal waters. 

“Could you vote for the proposal if there was a federal guarantee the platforms come down?” Steinberg asked.

 Maldonado said if there was such an assurance he would consider voting for the increased drilling.

The lieutenant governor also sits on the University of California Board of Regents and the California State University Board of Trustees.

Maldonado, who recounted how he picked strawberries with his parents as a child, said he didn’t “see where we can add another fee” to the 32 percent increase already approved by the regents. He said he favored greater savings at the University of California’s “executive level.”

 If confirmed, Maldonado would fill out the last year of Democrat John Garamendi’s term. Garamendi vacated the office after being elected to Congress in a special election in 2009.

A factor in whether Maldonado wins confirmation is a belief among some Democrats that they could take his coastal seat, which stretches from San Luis Obispo into Monterey and Santa Cruz. Former Assemblyman John Laird, a Santa Cruz Democrat, has expressed interest in running for the seat.

Sen. Gil Cedillo, a Los Angeles Democrat, made the motion to approve Maldonado saying he did so in the spirit of “comity” and the collegial traditions of the Senate, despite his differing political views.

The Senate’s newly elected GOP leader, Bob Dutton of Rancho Cucamonga, voted for Maldonado but said that, like Cedillo, “I too share my philosophy with Abel about 50 percent of the time. So maybe he is the right person.”

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