Posts Tagged ‘California Proposition’

A few interesting things have come up in the discussion taking place on my blog about the California Proposition Results for 2008. Lila posted information about California Health and Safety Code 123450, and there are plenty of sources that point to the fact that the Supreme Court of California has ruled that minors in California have a right to health privacy, even from their parents.

First, I agree that people should be afforded a certain level of privacy, even minors. However, I see some very serious problems with this ruling about minor medical privacy. Not because of abortion rights but because of health concerns. Parents have a legal obligation to protect and provide for their children. Isn’t health and medical information important for a parent to provide for their child?

Second, how can a minor not consent to legal contracts but consent to medical services? A minor cannot get married, join the army, sign a contract at a gym, register to vote, sign credit applications, and a myriad of other contractual activities. However, a minor can walk in and get any medical service without parental consent? A minor can’t even purchase cigarettes, alcohol, or nyquil, but they can get any prescription from a doctor without parental consent?

Here is a scenario running through my head:

A son is injured badly in a car accident and the parents arrive at the hospital only to discover they are not allowed to know any information about their son’s well being. A little ridiculous, I know.

Or how about this one:

A daughter goes to a doctor and acquires birth control pills without parental consent and those birth control pills give her an ovarian cyst (not uncommon for many women on birth control).

Or maybe this one:

A son contracts tuberculosis while traveling abroad over the summer for a summer camp. A doctor provides treatment but the parents don’t have rights to that medical information. Tuberculosis is highly contagious and DEADLY (especially for the young and elderly).

In either of these cases, it seems logical that the parents should have a right to know medical information about their child, right?

So why did I vote no on Proposition 4? Proposition 4 was a ballot measure that put the decision making process of abortion into the hands of judges and creates more government were more government is not needed. We don’t need government mandating child-parent communication. Proposition 4 was also focused only on abortion. The issue should not be abortion. It should be parental rights to information that allows them to provide for and protect the wellbeing of their family.

What I would support is a Parent-Child Medical Rights Proposition. Not to make it a requirement for doctors to notify parents of medical treatments they are providing their children. Rather give parents the right to view their child’s medical records upon request AND sue doctors who have performed medical treatments where the parent had not given consent.

If a doctor wants to prescribe medication to a minor without notifying the parents, they can do that. But they should be open to malpractice lawsuits for providing medical services to a citizen who cannot enter into contractual agreements without parental/guardian consent.

Now, people will say what about the abusive parents scenario? Certainly, this is a major issue. Anyone (not just doctors) who becomes aware of abuse taking place against a child by their parents/family has an obligation to report it to law enforcement. If a doctor suspects (or a minor reports) abuse, law enforcement should be notified immediately.

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Proposition 12: This bill would enact the Veterans’ Bond Act of 2008 which, if approved, would authorize, for purposes of financing a specified program for farm, home, and mobilehome purchase assistance for veterans, the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount of $900,000,000.

My Take

This should be an obvious yes, but in case you weren’t sure… Our Veterans repay every single penny (with interest) that we loan them through bills like this. Unlike scumbag banks that have stolen money from you, screwed you over with Wall Street pranks, and then used the scum of the Earth Paulson to steal even more money from you in the way of an “investment in America”, our Veterans actually pay us back what we lend them.

Proposition 11: Creates 14-member redistricting commission responsible for drawing new district lines for State Senate, Assembly, and Board of Equalization districts. Requires State Auditor to randomly select commission members from voter applicantpool to create a commission with five members from each of the two largest political parties, and four members unaffiliated with either political party. Requires nine votes to approve final district maps. Establishes standards for drawing new lines, including respecting the geographic integrity of neighborhoods and encouraging geographic compactness. Permits State Legislature to draw lines for congressional districts subject to these standards.

My Take

About time!!! Redistricting has taken place in California to ensure that incumbents stay in office. It is the most absurd garbage to take place in government and erodes the value of democracy. It is also part of why we are in the mess we are in right now. Our Congress is failing us because we’ve allowed them to remap themselves to keep idiots in office. This will help solve that problem.

Proposition 10: Authorizes $5 billion in bonds paid from state’s General Fund, allocated approximately as follows: 58% in cash payments of between $2,000 and $50,000 to purchasers of certain high fuel economy and alternative fuel vehicles; 20% in incentives for research, development and production of renewable energy technology; 11% in incentives for research and development of alternative fuel vehicle technology; 5% in incentives for purchase of renewable energy technology; 4% in grants to eight cities for education about these technologies; and 3% in grants to colleges to train students in these technologies. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: State costs of about $9.8 billion over 30 years to pay both the principal ($5 billion) and interest ($4.8 billion) costs on the bond. Payments of about $325 million per year. Increase in state sales tax revenues of an unknown amount, potentially totaling in the tens of millions of dollars, over the period from 2009 to beyond 2018. Increase in local sales tax and VLF revenues of an unknown amount, potentially totaling in the tens of millions of dollars, over the period from 2009 to about 2018-19.

My Take

Waste, waste, waste of money!!! There are much better incentives to develop better technology and give people a greater incentive to purchase high fuel economy vehicles.

Proposition 9: Requires notification to victim and opportunity for input during phases of criminal justice process, including bail, pleas, sentencing and parole. Establishes victim safety as consideration in determining bail or release on parole. Increases the number of people permitted to attend and testify on behalf of victims at parole hearings. Reduces the number of parole hearings to which prisoners are entitled. Requires that victims receive written notification of their constitutional rights. Establishes timelines and procedures concerning parole revocation hearings.

My Take

The purpose of government is to provide protection to people to adhere to the laws. Notifications to victims of the status of their perpetrators is a great way to protect the people.

Proposition 7: Requires all utilities, including government-owned utilities, to generate 20% of their power from renewable energy by 2010, a standard currently applicable only to private electrical corporations. Raises requirement for all utilities to 40% by 2020 and 50% by 2025. Imposes penalties for noncompliance. Fast-tracks approval for new renewable energy plants. Requires utilities to sign longer contracts (20 year minimum) to procure renewable energy. Creates Solar and Clean Energy Transmission Account to purchase property or rights of way for renewable energy.

My Take

What ever happened to California’s requirement for the number of electric vehicle on the road? It went nowhere! Same thing will happen with this crap bill. Meanwhile, it’s going to cost us an additional $3.4 million.

3.4 million for absolutely nothing folks!

Proposition 6: Requires new state spending on various programs to combat crime and gangs, and to operate prison and parole systems. Increases penalties for several crimes, including violating gang injunctions, using or possessing to sell methamphetamine, or carrying loaded or concealed firearms by certain felons. Eliminates bail for illegal immigrants charged with violent or gang-related felonies, establishes crime for removing or disabling a monitoring device affixed as part of a criminal sentence, and changes evidence rules to allow use of certain hearsay statements as evidence when witnesses are unavailable.

Again, I have highlighted the problem with this Proposition. Hearsay!?! Really? Hell NO! First, it violates the 8th Amendment of the US Constitution, so even if this does pass, it will be overturned just like Prop 187 as a violation of the Constitutional rights of Americans. Second, there is no way that I would ever want hearsay evidence to be legit. Someone told me that you stole something from your neighbor = you get to goto jail. That’s WRONG!

visit http://www.californiapropositions.org

Proposition 5: Requires State to expand and increase funding and oversight for individualized treatment and rehabilitation programs for nonviolent drug offenders and parolees. Reduces criminal consequences of nonviolent drug offenses by mandating three-tiered probation with treatment and by providing for case dismissal and/or sealing of records after probation. Limits court’s authority to incarcerate offenders who violate probation or parole. Shortens parole for most drug offenses, including sales, and for nonviolent property crimes.

I have highlighted one of the major issues I have with this proposition. My other issue is that this become government run mental health care. The government has shown a consistent ability to screw things up. They will do the same thing with government run rehabilitation programs.

visit http://www.californiapropositions.org

Proposition 4: Amends California Constitution to prohibit abortion for unemancipated minor until 48 hours after physician notifies minor’s parent, legal guardian or, if parental abuse reported, an adult family member. Provides exceptions for medical emergency or parental waiver. Permits courts to waive notice based on clear and convincing evidence of minor’s maturity or best interests. Mandates reporting requirements, including reports from physicians regarding abortions on minors. Authorizes monetary damages against physicians for violation. Requires minor’s consent to abortion, with exceptions. Permits judicial relief if minor’s consent is coerced.

What is particularly funny about the support for this bill is that Yes on 4 and Yes on 8 are in cahoots! They want the government telling us who can an cannot get married. They also want a judge to decide whether a minor can get an abortion or not. We do not need to amend our constitution to give the government more control over us at a younger age.

visit http://www.californiapropositions.org

Proposition 3: Authorizes $980,000,000 in bonds, to be repaid from state’s General Fund, to fund the construction, expansion, remodeling, renovation, furnishing and equipping of children’s hospitals.

This comes from the General Fund folks. This is the debt that we are having the most problems with in California. Sorry, kids, but you still have money left over from the last measure we passed, so we’ll need to come up with more money at a later date.