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2006 Initiative Update
Initiative Update as of May 10, 2006
Changes since the last
update:
- 1205. Product Liability. Immunity from Punitive Damages. Initiative Statute. WITHDRAWN from Circulation.
- SCA 7 (Resolution Chapter 49, 2006). Torlakson. Transportation Investment Fund. QUALIFIED for the November 7, 2006, General Election Ballot.
Changes since the May 5, 2006 update
are marked with the
button below.
Past
Updates:
05/05/06
05/02/06
04/21/06
04/18/06
04/14/06
04/05/06
03/28/06
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The full texts of the
initiatives listed on this page are available on the Attorney
General's website at http://www.caag.state.ca.us/initiatives/activeindex.htm.
The complete Ballot
Pamphlets for current and previous elections are online. They include
the full text of the ballot propositions.
University of California Hastings College of the Law maintains a comprehensive,
searchable database of information on California ballot initiatives from 1911 to the
present. The database contains the full text of the initiatives, accompanying material
relating to their filing & qualification, related legal and legislative history, and
digital images of pertinent documents.
To go to the California Ballot Initiatives Database, click the link below:
University of California Hastings College of the Law also maintains a comprehensive,
searchable database of California ballot measures from 1911 to the present. The
Hastings site also offers PDF versions of ballot pamphlets from 1911 to the present.
To go to the California Ballot Propositions Database, click the link below:
Ballot measures that have qualified are
listed below. In addition, you will find a list of initiatives that are currently
circulating for possible placement on the next ballot.
California uses the
direct initiative process, which enables voters to bypass the
Legislature and have an issue of concern put directly on the ballot
for voter approval or rejection. There are two types of initiatives
that can be placed on the ballot: 1) statute revision, which
requires signatures equal to five percent of the total votes cast
for Governor in the preceding gubernatorial election, and 2)
constitutional amendment, which requires signatures equal to
eight percent of the Governor's total vote in the preceding
gubernatorial election.
As new initiatives
enter circulation or qualify for an election ballot, the Secretary
of State's office will issue initiative status updates.
Contact the
Elections Division at (916) 657-2166 for further
information.
(Top of Page)
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| Qualified for 2006 Primary
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| Pending Raw
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Propositions that are on the
June 6, 2006 Primary Election Ballot
Bond Measure
Proposition 81
California Reading and Literacy Improvement and Public Library Construction and Renovation
Bond Act of 2006.
Initiative Constitutional Amendment and Statute
Proposition 82
Preschool Education. Tax on Incomes Over $400,000 for Individuals; $800,000 for Couples. Initiative Constitutional Amendment and Statute.
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| Qualified for 2006 Primary
| Qualified for 2006 General
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Propositions that are on the
November 7, 2006 General Election Ballot
Bond Measure
SB 1856 (Chapter 697, 2002). Costa.
Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century.*
*Note: The Safe, Reliable High-Speed Passenger Train Bond Act
for the 21st Century was originally scheduled to appear on the November 2, 2004, General
Election ballot. However, subsequent legislation (Senate Bill 1169, Chapter 71,
Statutes of 2004) provides for the submission of this Act to the voters on the November
7, 2006, General Election ballot instead.
Legislative Constitutional Amendment
SCA 7 (Resolution Chapter 49, 2006). Torlakson.
Transportation Investment Fund
Initiative Statute
1154. (SA2005RF0092)
Sex Offenders. Sexually Violent Predators. Punishment, Residence Restrictions and Monitoring. Initiative Statute.
Proponent: Richard Gann, George Runner and Sharon Runner, c/o Dave Gilliard (916) 444-1502
Increases penalties for violent and habitual sex offenders and child molesters. Prohibits registered sex offenders from residing within 2,000 feet of any school or park, and requires lifetime Global Positioning System monitoring of felony registered sex offenders. Expands the definition of a sexually violent predator, and changes the current two-year involuntary civil commitment for a sexually violent predator to an indeterminate commitment, subject to annual review by the Director of Mental Health and petition by the sexually violent predator for conditional release or unconditional discharge. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown net costs to the state, within a few years, potentially in the low hundreds of millions of dollars annually due primarily to increased state prison, parole supervision, and mental health program costs. These costs would grow significantly in the long term. Potential one-time state capital outlay costs, within a few years, in the low hundreds of millions of dollars for construction of additional state mental hospital and prison beds. Unknown but potentially significant net operating costs or savings to counties for jail, probation supervision, district attorneys, and public defenders. The portion of costs related to changes in the Sexual Violent Predators program would be reimbursed by the state.
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| Qualified for 2006 Primary
| Qualified for 2006 General
| Pending Raw
| Pending Sigs
| Failed
| Withdrawn
| Circulating
| Attorney General
Initiatives Pending Raw Count of Signatures
1168. (SA2005RF0106)
Marriage. Elimination of Domestic Partnership Rights. Initiative Constitutional Amendment
Summary Date: 12/01/05
Circulation Deadline: 05/01/06 Signatures Required: 598,105
Proponents: Larry Bowler, Ed Hernandez and Randy Thomasson (916) 265-5643
Amends the California Constitution to provide that only marriage between one man and one woman is valid or recognized in California, whether contracted in this state or elsewhere. Voids or makes unenforceable certain rights and obligations conferred by California law on same-sex and heterosexual couples registered as domestic partners, concerning subject areas including, but not limited to, community property, intestate succession, stepparent adoption, child custody, child support, hospital visitation, health care decisions for an incapacitated partner, insurance benefits, death benefits, and recovery for wrongful death. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but potentially some savings for state and local governments. The impact would depend in large part on future court interpretations. (SA2005RF0106.)
1169. (SA2005RF0108)
Marriage. Elimination of Domestic Partnership Rights. Initiative Constitutional Amendment.
Summary Date: 12/02/05
Circulation Deadline: 05/01/06 Signatures Required: 598,105
Proponents: Larry Bowler, Ed Hernandez and Randy Thomasson (916) 265-5643
Amends the California Constitution to provide that only marriage between one man and one woman is valid or recognized in California, whether contracted in this state or elsewhere. Voids or makes unenforceable certain rights and obligations conferred by California law on same-sex and heterosexual couples registered as domestic partners, concerning subject areas including, but not limited to, community property, intestate succession, stepparent adoption, child custody, child support, hospital visitation, health care decisions for an incapacitated partner, insurance benefits, death benefits, and recovery for wrongful death. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but potentially some savings for state and local governments. The impact would depend in large part on future court interpretations. (SA2005RF0108.)
1170. (SA2005RF0109)
Marriage. Elimination of Domestic Partnership Rights. Initiative Constitutional Amendment.
Summary Date: 12/02/05
Circulation Deadline: 05/01/06 Signatures Required: 598,105
Proponents: Larry Bowler, Ed Hernandez and Randy Thomasson (916) 265-5643
Amends the California Constitution to provide that only marriage between one man and one woman is valid or recognized in California, whether contracted in this state or elsewhere. Voids or makes unenforceable certain rights and obligations conferred by California law on same-sex and heterosexual couples registered as domestic partners, concerning subject areas including, but not limited to, community property, intestate succession, stepparent adoption, child custody, child support, hospital visitation, health care decisions for an incapacitated partner, insurance benefits, death benefits, and recovery for wrongful death. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but potentially some savings for state and local governments. The impact would depend in large part on future court interpretations. (SA2005RF0109.)
1171. (SA2005RF0103 Amdt. #2-S)
Alcoholic Beverages. Use by Minors. Open Containers. Importation for Personal Consumption. Initiative Statute.
Summary Date: 12/08/05 Circulation Deadline: 05/08/06 Signatures Required: 373,816
Proponent: Connor Vlakancic
Legalizes parents or guardians providing alcoholic beverages to children. Legalizes transport of “open containers” of alcoholic beverages purchases within preceding 24 hours. Repeals state prohibitions on importation of alcoholic beverages for “personal consumption.” Exempts such imports from state sales taxes. Repeals state authority to confiscate alcoholic beverages. In the event this initiative conflicts with existing federal regulations, requires Californian Congressional delegation to propose new federal regulations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but potentially minor changes in alcohol-related regulatory costs and revenues. (SA2005RF0103, Amdt. #2-S)
1182. (SA2005RF0123)
Transportation Funding. Initiative Constitutional Amendment and Statute.
Summary Date: 01/03/06
Circulation Deadline: 06/02/06 Signatures Required: 598,105
Proponent: James Earp, c/o Richard D. Martland (916) 446-6752
Prohibits retention of funds earmarked for the Transportation Investment Fund in the General Fund for use unrelated to transportation after 7/1/08. Requires repayment by 6/30/17 of transportation funds retained in the General Fund in years prior to 2007-08. Eliminates General Fund borrowing of specified transportation funds, except for cash-flow purposes (repayment required within 30 days of adoption of budget); current law allows borrowing for three years where Governor declares transfer would cause significant negative fiscal impact on governmental functions and Legislature enacts authorizing statute. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: No revenue or cost effects. Increases stability of funding to transportation in 2007-08 and thereafter; reduces somewhat the state’s flexibility to use specified transportation funds for other (nontransportation) activities. (SA2005RF0123)
1197. (SA2005RF0139, Amdt. #1-NS) Tax on Cigarettes. Initiative Constitutional Amendment and Statute.
Summary Date: 02/10/06 Circulation Deadline: 07/10/06 Signatures Required: 598,105
Proponent: Paul Knepprath (916) 444-8801
Imposes additional 13 cent tax on each cigarette distributed ($2.60 per pack), and indirectly increases tax on other tobacco products. Provides funding to qualified hospitals for emergency services, nursing education and health insurance to eligible children. Revenue also allocated to specified purposes including tobacco use prevention programs, enforcement of tobacco-related laws, and research, prevention and treatment of various conditions including cancers (breast, cervical, prostate and colorectal), heart disease, stroke, asthma and obesity. Exempts recipient hospitals from antitrust laws in certain circumstances. Revenue excluded from appropriation limits and Proposition 98 calculations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increase in new state tobacco tax revenues of about $2.1 billion annually by 2007-08, declining slightly annually thereafter. Those revenues would be used for various health and tobacco-related programs and for children’s health coverage. Unknown net state costs potentially reaching the low hundreds of millions annually after a few years due to provisions for streamlining enrollment in the Medi-Cal and HFP. Unknown but potentially significant savings to counties on a statewide basis beginning in the near term for a shift of children from county health coverage to HFP, with unknown but potentially significant costs to the state in the long term for ongoing support of expanded HFP enrollment. Unknown but potentially significant savings in state and local government public health care costs over time due to expected reduction in consumption of tobacco products and due to other factors. (SA2005RF0139, Amdt. #1-NS.)
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| Qualified for 2006 Primary
| Qualified for 2006 General
| Pending Raw
| Pending Sigs
| Failed
| Withdrawn
| Circulating
| Attorney General
Initiative Pending Signature Verification
1185. (SA2005RF0131)
Water Quality, Safety and Supply. Flood Control. Natural Resource Protection. Park Improvements. Bonds. Initiative Statute.
Summary Date: 01/27/06
Circulation Deadline: 06/26/06 Signatures Required: 373,816
Proponent: Stephen J. Kaufman (213) 452-6565
Authorizes $5,388,000,000 in general obligation bonds, payable from the state’s General Fund, to fund projects relating to safe drinking water, water quality and supply, flood control, waterway and natural resource protection, water pollution and contamination control, state and local park improvements, public access to natural resources, and conservation efforts. Provides funding for emergency drinking water, and exempts such expenditures from public contract and procurement requirements to ensure immediate action for public safety. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: State cost of about $10.5 billion over 30 years to pay off both the principal ($5.4 billion) and interest ($5.1 billion) costs on the bonds. Payments of about $350 million per year. Reduction in local property tax revenues of several million dollars annually, about one-half of which would be offset by state payments to schools to make up their revenue loss. Unknown costs, potentially tens of millions of dollars per year, to state and local governments to operate or maintain properties or projects acquired or developed with these bond funds. (SA2005RF0131.)
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| Qualified for 2006 Primary
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| Pending Raw
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| Failed
| Circulating
| Attorney General
Failed Initiatives
(Includes initiatives which have failed to qualify in the past 30 days only)
1159. (SA2005RF0097)
Cigarette Tax. Initiative Constitutional Amendment and Statute.
Summary Date: 10/31/05 Circulation Deadline: 03/30/06 Failed: 04/12/06
Proponent: Dorel Harms, RN (916) 443-6972
Imposes additional 71/2 cent tax on each cigarette distributed ($1.50 per pack), and indirectly increases tax on other tobacco products. Tax revenues allocated to specified purposes, including private hospital and physician emergency services, indigent healthcare, breast cancer research, tobacco use prevention, tobacco smuggling prevention and nursing education. Excludes tax revenue appropriations from constitutional appropriation limits and minimum school funding requirements (Proposition 98). Establishes criteria for receipt and use of tax revenues. Increases penalties for tobacco tax crimes. Provides that hospitals collaborating on emergency services are exempt from state antitrust laws. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: An increase in new state cigarette tax revenues of about $1.4 billion annually, declining slightly annually thereafter. Those revenues would be used for various health and education programs. Unknown but probably significant savings in state and local government health care costs over time due to expected reduction in consumption of tobacco products.
1161. (SA2005RF0095, Amdt.#1-S)
Healthcare for Uninsured Citizens. Tax Relief for Medical Professionals. Initiative Constitutional Amendment.
Summary Date: 11/04/05 Circulation Deadline: 04/03/06 Failed: 04/14/06
Proponent: David K. Johnson
Prohibits using state funds for medical costs of individuals who are not U.S. citizens and California residents. Authorizes state tax deductions for certain medical professionals providing unlimited free healthcare to registered uninsured citizens/residents, and exempts eligible medical professionals and “capitated healthcare centers” from state income taxes. Requires state to publish a list of eligible uninsured, and to verify that free healthcare is provided to them. Permits citizens/residents to register with doctors for unlimited free healthcare. Requires businesses and organizations to report their healthcare coverage. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: A decrease in state income tax revenues, in the hundreds of millions of dollars - potentially exceeding $1 billion annually. Increased state and county administrative costs, potentially in the tens of millions of dollars annually. Significant, but unknown, net savings or costs to the state and county governments for their health care costs for Medi-Cal patients and the uninsured, depending upon how this measure would be implemented in light of federal legal requirements.
1162. (SA2005RF0100)
Marriage. Elimination of Domestic Partnership Rights. Initiative Constitutional Amendment.
Summary Date: 11/14/05 Circulation Deadline: 04/13/06 Failed: 04/14/06
Proponents: Larry Bowler, Ed Hernandez and Randy Thomasson (916) 265-5643
Amends the California Constitution to provide that only marriage between one man and one woman is valid or recognized in California, whether contracted in this state or elsewhere. Voids or makes unenforceable certain rights and obligations conferred by California law on same-sex and heterosexual couples registered as domestic partners, concerning subject areas including, but not limited to, community property, intestate succession, stepparent adoption, child custody, child support, hospital visitation, health care decisions for an incapacitated partner, insurance benefits, death benefits, and recovery for wrongful death. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but probably not significant, fiscal effect on state and local governments. The impact would depend in large part on future court interpretations. (SA2005RF0100.)
1163. (SA2005RF0102)
Invalidation of Domestic Partnerships. Marriage. Initiative Constitutional Amendment.
Summary Date: 11/14/05
Circulation Deadline: 04/13/06 Failed: 04/26/06
Proponents: Gail J. Knight, Natalie R. Williams, Mark A. Jansson and Philip W. Kell
c/o Andrew Pugno (916) 608-3065
Amends California Constitution to provide that a marriage between a man and a woman is the only legal union that shall be valid or recognized in California. Bars domestic partnerships from being valid or recognized as legal unions in California. Eliminates certain rights and obligations conferred by California law on same-sex and heterosexual couples registered as domestic partners, concerning subject areas including, but not limited to, community property, intestate succession, stepparent adoption, child custody/support, hospital visitation, healthcare decision for an incapacitated partner, insurance benefits, and recovery for wrongful death. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but probably not significant, fiscal effect on state and local governments. The impact would depend in large part on future court interpretations. (SA2005RF0102.)
1164. (SA2005RF0104)
Marriage. Elimination of Domestic Partnership Rights. Initiative Constitutional Amendment.
Summary Date: 11/14/05 Circulation Deadline: 04/13/06 Failed: 04/26/06
Proponents: Larry Bowler, Ed Hernandez and Randy Thomasson (916) 265-5643
Amends the California Constitution to provide that only marriage between one man and one woman is valid or recognized in California, whether contracted in this state or elsewhere. Voids or makes unenforceable certain rights and obligations conferred by California law on same-sex and heterosexual couples registered as domestic partners, concerning subject areas including, but not limited to, community property, intestate succession, stepparent adoption, child custody, child support, hospital visitation, health care decisions for an incapacitated partner, insurance benefits, death benefits, and recovery for wrongful death. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but probably not significant, fiscal effect on state and local governments. The impact would depend in large part on future court interpretations. (SA2005RF0104.)
1165. (SA2005RF0101)
Election Day Holiday. Initiative Statute.
Summary Date: 11/15/05
Circulation Deadline: 04/14/06 Failed: 04/26/06
Proponent: Roy R. Benson (415) 847-3963
Provides that statewide general election days shall be state holidays. Further provides that public schools and community colleges shall close on statewide general election days, and that certain public employees, including public school and community college classified employees, may be entitled to a paid holiday on statewide general election days pursuant to collective bargaining agreements. Makes other non-substantive changes to renumber certain statutory provisions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased state costs of up to $18 million annually, depending on future collective bargaining negotiations. (SA2005RF0101.)
1166. (SA2005RF0099)
Citizenship and Residency. Public Benefits and Services. Voting. Initiative Statute.
Summary Date: 11/23/05
Circulation Deadline: 04/24/06 Failed: 05/05/06
Proponent: Mark Wyland
Prohibits individuals from receiving public health care or social services unless legal status is verified. Prohibits California colleges and universities from admitting individuals not authorized to be in United States. Limits voter eligibility to individuals who prove they are U.S. citizens, California resident and at least 18 years old. Requires DMV to issue California driver's licenses only to persons authorized to be in the United States. Provides that making or using false citizenship documents is a felony. Citizens may sue to enforce initiative, and officials may be liable for violations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Program savings to the state and local governments due to reduced expenditures for certain public services. These savings could be in the hundreds of millions of dollars annually. Potentially costs in the tens of millions of dollars annually, to verify citizenship or immigration status of persons receiving public benefits. (SA2005RF0099.)
1167. (SA2005RF0105)
Right to Possess Firearms. Initiative Constitutional Amendment.
Summary Date: 11/23/05 Circulation Deadline: 04/24/06 Failed: 05/05/06
Proponent: Donald Kilmer
Amends the California Constitution to add a personal right to acquire and possess firearms for defense of self, family, and home. Requires state government to prove a compelling government interest for any action regulating the keeping and bearing of firearms. Provides that all county, city, and local government action on this subject is preempted by state law and this amendment. Allows the state to continue regulating the acquisition or possession of firearms by felons, minors, mentally incompetent persons, or persons subject to court-issued restraining orders based on their violent conduct. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: We estimate that this measure would result in unknown, potential costs to the state and unknown net fiscal effect on local governments. (SA2005RF0105.)
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| Qualified for 2006 Primary
| Qualified for 2006 General
| Pending Raw
| Pending Sigs
| Failed
| Withdrawn
| Circulating
| Attorney General
Withdrawn Initiative
(Includes initiatives which have been withdrawn from circulation in the past 30 days only)
1205. (SA2005RF0147)
Product Liability. Immunity from Punitive Damages. Initiative Statute.
Summary Date: 02/16/06 Circulation Deadline: 07/17/06 Signatures Required: 373,816
Proponent: John H. Sullivan c/o Richard D. Martland (916) 446-6752
Prohibits courts from assessing damages to punish defendants (punitive damages) when a product causes injury or harm if, at time of manufacture, distribution or sale, the product or the product’s warning information was in material compliance with existing laws, regulations or governmental standards. Immunity from punitive damage awards would be required unless injured party could prove, with clear and convincing evidence, that manufacturer, distributor or seller intentionally withheld or misrepresented information required by a governmental agency, and that such action was causally related to consumer injury. Measure applies to pending lawsuits. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potential unknown reduction in revenues to the state and local governments resulting from a potential decrease in punitive damage awards in certain product liability lawsuits. (SA2005RF0147.)
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| Qualified for 2006 Primary
| Qualified for 2006 General
| Pending Raw
| Pending Sigs
| Failed
| Withdrawn
| Circulating
| Attorney General
Initiatives in Circulation
as of May 10, 2006
1172. (SA2005RF0115)
Marriage. Elimination of Domestic Partnership Rights. Initiative Constitutional Amendment.
Summary Date: 12/13/05
Circulation Deadline: 05/12/06 Signatures Required: 598,105
Proponents: Larry Bowler, Ed Hernandez and Randy Thomasson (916) 265-5643
Amends the California Constitution to provide that only marriage between one man and one woman is valid or recognized in California, whether contracted in this state or elsewhere. Voids or makes unenforceable certain rights and obligations conferred by California law on same-sex and heterosexual couples registered as domestic partners, concerning subject areas including, but not limited to, community property, intestate succession, stepparent adoption, child custody, child support, hospital visitation, health care decisions for an incapacitated partner, insurance benefits, death benefits, and recovery for wrongful death. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but potentially some savings for state and local governments. The impact would depend in large part on future court interpretations. (SA2005RF0115.)
1173. (SA2005RF0116)
Marriage. Elimination of Domestic Partnership Rights. Initiative Constitutional Amendment.
Summary Date: 12/13/05
Circulation Deadline: 05/12/06 Signatures Required: 598,105
Proponents: Larry Bowler, Ed Hernandez and Randy Thomasson (916) 265-5643
Amends the California Constitution to provide that only marriage between one man and one woman is valid or recognized in California, whether contracted in this state or elsewhere. Voids or makes unenforceable certain rights and obligations conferred by California law on same-sex and heterosexual couples registered as domestic partners, concerning subject areas including, but not limited to, community property, intestate succession, stepparent adoption, child custody, child support, hospital visitation, health care decisions for an incapacitated partner, insurance benefits, death benefits, and recovery for wrongful death. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but potentially some savings for state and local governments. The impact would depend in large part on future court interpretations. (SA2005RF0116.)
1174. (SA2005RF0117)
Marriage. Elimination of Domestic Partnership Rights. Initiative Constitutional Amendment.
Summary Date: 12/13/05
Circulation Deadline: 05/12/06 Signatures Required: 598,105
Proponents: Larry Bowler, Ed Hernandez and Randy Thomasson (916) 265-5643
Amends the California Constitution to provide that only marriage between one man and one woman is valid or recognized in California, whether contracted in this state or elsewhere. Voids or makes unenforceable certain rights and obligations conferred by California law on same-sex and heterosexual couples registered as domestic partners, concerning subject areas including, but not limited to, community property, intestate succession, stepparent adoption, child custody, child support, hospital visitation, health care decisions for an incapacitated partner, insurance benefits, death benefits, and recovery for wrongful death. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but potentially some savings for state and local governments. The impact would depend in large part on future court interpretations. (SA2005RF0117.)
1175. (SA2005RF0118)
Marriage. Elimination of Domestic Partnership Rights. Initiative Constitutional Amendment.
Summary Date: 12/13/05
Circulation Deadline: 05/12/06 Signatures Required: 598,105
Proponents: Larry Bowler, Ed Hernandez and Randy Thomasson (916) 265-5643
Amends the California Constitution to provide that only marriage between one man and one woman is valid or recognized in California, whether contracted in this state or elsewhere. Voids or makes unenforceable certain rights and obligations conferred by California law on same-sex and heterosexual couples registered as domestic partners, concerning subject areas including, but not limited to, community property, intestate succession, stepparent adoption, child custody, child support, hospital visitation, health care decisions for an incapacitated partner, insurance benefits, death benefits, and recovery for wrongful death. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but potentially some savings for state and local governments. The impact would depend in large part on future court interpretations. (SA2005RF0118.)
1178. (SA2005RF0111, Amdt. #1-S)
Minimum Wage. Increases and Future Adjustments. Initiative Statute.
Summary Date: 12/27/05
Circulation Deadline: 05/26/06 Signatures Required: 373,816
Proponent: Barry Hermanson (916) 484-5888
Increases California’s minimum hourly wage to $7.25, effective January 1, 2007, and then to $7.75, effective January 1, 2008. Establishes annual automatic adjustment of minimum wage beginning January 1, 2009, to be calculated each year by multiplying the minimum wage then in effect by the percentage of inflation that occurred during the previous year, using the California Consumer Price Index for All Urban Consumers, or its successor index. Directs Industrial Welfare Commission to adopt minimum wage orders consistent with this initiative. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potential net reduction, but probably not significant, in annual state and local government revenues. Annual state and local governmental costs – primarily in health and child care programs – in the high tens of millions to over $100 million. (SA2005RF0111, Amdt. #1-S.)
1179. (SA2005RF0112, Amdt. #1-S)
Minimum Wage. Increases and Future Adjustments. Initiative Statute.
Summary Date: 12/27/05
Circulation Deadline: 05/26/06 Signatures Required: 373,816
Proponent: Barry Hermanson (916) 484-5888
Increases California’s minimum hourly wage to $7.50, effective January 1, 2007, then to $8.25, effective January 1, 2008, and then to $8.75, effective January 1, 2009. Establishes annual automatic adjustment of minimum wage beginning January 1, 2010, to be calculated each year by multiplying the minimum wage then in effect by the percentage of inflation that occurred during the previous year, using the California Consumer Price Index for All Urban Consumers, or its successor index. Directs Industrial Welfare Commission to adopt minimum wage orders consistent with this initiative. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potential modest net reduction in annual state and local government revenues. Annual state and local governmental costs – primarily in health and child care programs – potentially in the low hundreds of millions of dollars. (SA2005RF0112, Amdt. #1-S.)
1180. (SA2005RF0121)
Transportation Funding. Initiative Constitutional Amendment and Statute.
Summary Date: 01/03/06
Circulation Deadline: 06/02/06 Signatures Required: 598,105
Proponent: James Earp, c/o Richard D. Martland (916) 446-6752
Prohibits retention of funds earmarked for Transportation Investment Fund in the General Fund for use unrelated to transportation after 7/1/08 unless current requirements are met and prior voter approval is obtained; repayment required within ten years. Requires repayment by 6/30/17 of transportation funds retained in the General Fund in years prior to 2007-08. Eliminates General Fund borrowing of specified transportation funds, except for cash-flow purposes; current law allows borrowing for three years where Governor declares transfer would cause significant negative fiscal impact on governmental functions and Legislature enacts authorizing statute. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: No revenue effect; minor election-related costs. Increases stability of funding to transportation in 2007-08 and thereafter; reduces somewhat the state's flexibility to use specified transportation funds for other (nontransportation) activities. (SA2005RF0121.)
1181. (SA2005RF0122)
Transportation Funding. Initiative Constitutional Amendment and Statute.
Summary Date: 01/03/06
Circulation Deadline: 06/02/06 Signatures Required: 598,105
Proponent: James Earp, c/o Richard D. Martland (916) 446-6752
Prohibits retention of funds earmarked for Transportation Investment Fund in the General Fund for use unrelated to transportation after 7/1/08 unless current requirements are met and prior voter approval is obtained; no repayment required. Eliminates General Fund borrowing of specified transportation funds, except for cash-flow purposes (repayment required within 30 days of adoption of budget); current law allows borrowing for three years where Governor declares transfer would cause significant negative fiscal impact on governmental functions and Legislature enacts authorizing statute. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: No revenue effect; minor election-related costs. Increases stability of funding to transportation in 2007-08 and thereafter; reduces somewhat the state's flexibility to use specified transportation funds for other (nontransportation) activities. (SA2005RF0122.)
1183. (SA2005RF0124)
Transportation Funding. Initiative Constitutional Amendment and Statute.
Summary Date: 01/03/06
Circulation Deadline: 06/02/06 Signatures Required: 598,105
Proponent: James Earp, c/o Richard D. Martland (916) 446-6752
Prohibits retention of funds earmarked for the Transportation Investment Fund in the General Fund for use unrelated to transportation after 7/1/08. Eliminates General Fund borrowing of specified transportation funds, except for cash-flow purposes (repayment required within 30 days of adoption of budget); current law allows borrowing for three years where Governor declares transfer would cause significant negative fiscal impact on governmental functions and Legislature enacts authorizing statute. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: No revenue or cost effects. Increases stability of funding to transportation in 2007-08 and thereafter; reduces somewhat the state’s flexibility to use specified transportation funds for other (nontransportation) activities. (SA2005RF0124)
1184. (SA2005RF0130)
Identity Theft and Solicitation. Criminal Gang Activity. Forensic Computer Analysis Fund. Initiative Statute.
Summary Date: 01/13/06
Circulation Deadline: 06/12/06 Signatures Required: 373,816
Proponent:
Frank Troise (877) 470-1870
Increases criminal penalties for persons convicted of specified identity theft crimes. Adds crimes involving personal identification to enumerated list of criminal gang activities. Expands definition of personal identifying information, and requires prison terms and increased fines for acquisition of such information with intent to defraud. Outlaws electronic solicitation of identifying information through misrepresentation (“phishing”). Expands venue in identity theft prosecutions to include county where victim resided. Creates fund to pay for analysis of electronic evidence in criminal investigations, financed through criminal fines. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown net fiscal impact on state and local governments, depending on the number of future convictions for identity theft against specified individuals and the ability of convicted offenders to pay the increased fines and fees proposed by the measure. (SA2005RF0130.)
1186. (SA2005RF0132, Amdt. #1-S)
Waiting Period and Parental Notification Before Termination of Minor's Pregnancy. Initiative Constitutional Amendment.
Summary Date: 02/03/06
Circulation Deadline: 07/03/06 Signatures Required: 598,105
Proponent: Paul E. Laubacher, R.N. (916) 381-7094
Amends California Constitution to prohibit abortion for unemancipated minor until 48 hours afer physician notifies minor's parent or legal guardian, except in medical emergency or with parental waiver. Permits minor to obtain court order waiving notice based on clear and convincing evidence of minor's maturity or best interests. Mandates various reporting requirements, including reports from physicians regarding abortions performed on minors. Authorizes monetary damages against physicians for violation. Requires minor's consent to abortion, with certain exceptions. Permits judicial relief if minor's consent coerced. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potential unknown net state costs of several million dollars annually for health and social services programs, court administration, and state health agency administration combined. (SA2005RF0132, Amdt. #1-S)
1187. (SA2005RF0133)
Government Acquisition. Regulation of Private Property. Initiative Constitutional Amendment.
Summary Date: 02/06/06
Circulation Deadline: 07/06/06 Signatures Required: 598,105
Proponents: Jon Coupal, Tom McClintock and Chris Norby, c/o Howard Jarvis Taxpayers Association (916) 444-9950
Amends California Constitution to bar state and local governments from condemning or damaging private property for private projects, uses. Limits government's authority to adopt certain land use, housing, consumer, environmental and workplace regulations, unless regulations are adopted to preserve public health or safety, or comply with specified land use planning and property rights limits. Defines “just compensation.” Prohibits deference to government in property rights cases. Condemned private property must be offered for resale to prior owner at current fair market value if, within five years, government abandons proposed condemnation's objective. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but potentially major costs for state and local governments to modify regulatory and other policies to conform to the measure's provisions. Unknown, potentially major changes in governmental costs to acquire property for public purposes. (SA2005RF0133.)
1188. (SA2005RF0136, Amdt. #1-S)
Waiting Period and Parental Notification Before Termination of Minor's Pregnancy. Initiative Constitutional Amendment.
Summary Date: 02/06/06
Circulation Deadline: 07/06/06 Signatures Required: 598,105
Proponent: Rosemarie Avila c/o Mark Bucher, Esq. (714) 573-2201
Amends California Constitution to prohibit abortion for unemancipated minor until 48 hours after physician notifies minor's parent or legal guardian (in person or by certified mail), except in medical emergency or with parental waiver. Permits minor to obtain court order waiving notice based on clear and convincing evidence of minor's maturity or best interests. Provides for expedited appeal process. Courts must publicly report number of waivers granted and denied by each judge; reports may be aggregated to preserve confidentiality. Authorizes monetary damages against physicians for violations. Summary or estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potential unknown net state costs of several million dollars annually for health and social services programs and court administration combined. (SA2005RF0136.)
1189. (SA2005RF0126)
Education Funding. Real Property Parcel Tax. Initiative Constitutional Amendment and Statute.
Summary Date: 02/07/06
Circulation Deadline: 07/07/06 Signatures Required: 598,105
Proponent: John D. Adkisson c/o Joan L. Cassman and Steven D. Miller (415) 777-3200
Provides additional public school funding for kindergarten through grade 12 by imposing a $50 tax on each real property parcel; exempts certain elderly and disabled homeowners. Funds must be used for class size reduction, textbooks, school safety, Academic Success facility grants, and a data system to evaluate educational program effectiveness. Provides for reimbursement to government entities to offset anticipated decrease in other tax revenue. Prohibits fund use for school administrative overhead. Requires school district audits and penalties for fund misuse. Excludes funds from Proposition 98 calculations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Annual revenue of up to $500 million from a new, statewide parcel tax with the revenue dedicated to specific K-12 education programs (such as class size reduction, instructional materials, school safety, and facility grants). (SA2005RF0126).
1190. (SA2005RF0127)
Education Funding. Real Property Parcel Tax. Initiative Constitutional Amendment and Statute.
Summary Date: 02/07/06
Circulation Deadline: 07/07/06 Signatures Required: 598,105
Proponent: John D. Adkisson c/o Joan L. Cassman and Steven D. Miller (415) 777-3200
Provides additional public school funding for kindergarten through grade 12 by imposing a $50 tax on each real property parcel. Funds must be used for class size reduction, textbooks, school safety, Academic Success facility grants, and a data system to evaluate educational program effectiveness. Provides for reimbursement to government entities to offset anticipated decrease in other tax revenue. Prohibits fund use for school administrative overhead. Requires school district audits and penalties for fund misuse. Excludes funds from Proposition 98 calculations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Annual revenue of over $500 million from a new, statewide parcel tax with the revenue dedicated to specific K-12 education programs (such as class size reduction, instructional materials, school safety, and for facility grants). (SA2005RF0127.)
1191. (SA2005RF0128)
Education Funding. Real Property Parcel Tax. Initiative Constitutional Amendment and Statute.
Summary Date: 02/07/06
Circulation Deadline: 07/07/06 Signatures Required: 598,105
Proponent: John D. Adkisson c/o Joan L. Cassman and Steven D. Miller (415) 777-3200
Provides additional public school funding for kindergarten through grade 12 by imposing a $50 tax on each real property parcel; only $5 for certain elderly and disabled homeowners. Funds must be used for class size reduction, textbooks, school safety, Academic Success facility grants, and a data system to evaluate educational program effectiveness. Provides for reimbursement to government entities to offset anticipated decrease in other tax revenue. Prohibits fund use for school administrative overhead. Requires school district audits and penalties for fund misuse. Excludes funds from Proposition 98 calculations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Annual revenue of up to $500 million from a new, statewide parcel tax with the revenue dedicated to specific K-12 education programs (such as class size reduction, instructional materials, school safety, and facility grants). (SA2005RF0128).
1192. (SA2005RF0129)
Education Funding. Real Property Parcel Tax. Initiative Constitutional Amendment and Statute.
Summary Date: 02/07/06
Circulation Deadline: 07/07/06 Signatures Required: 598,105
Proponent: John D. Adkisson c/o Joan L. Cassman and Steven D. Miller (415) 777-3200
Provides additional public school funding for kindergarten through grade 12 by imposing a $104 tax on real property parcels over 25,000 square feet; $52 tax for smaller parcels. Exempts certain homeowners. Funds must be used for class size reduction, textbooks, school safety, Academic Success facility grants, a data system to evaluate education effectiveness, and teacher compensation. Provides for reimbursement to government entities for decrease in other tax revenue. Prohibits fund use for school administrative overhead. Requires district audits; penalties for fund misuse. Excludes funds from Proposition 98 calculations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Annual revenue over $600 million from a new, statewide parcel tax with the revenue dedicated to specific K-12 education programs (such as class size reduction, instructional materials, school safety, facility grants, and teacher recruitment and retention grants). (SA2005RF0129.)
1193. (SA2005RF0141)
Restrictions on Use of Public Employee Union Dues for Political Contributions. Employee Consent Requirement. Initiative Statute.
Summary Date: 02/07/06
Circulation Deadline: 07/07/06 Signatures Required: 373,816
Proponent: Mark Bucher (714) 573-2201
Prohibits public employee labor organizations from using dues or fees for political contributions unless the employee provides prior written consent each year on a specified form. Prohibition does not apply to dues or fees collected for charitable organizations, health care insurance, or other purposes directly benefitting the public employee. Requires labor organizations to maintain and, upon request, submit to the Fair Political Practices Commission records concerning individual employee's and organizations' political contributions; those records are not subject to public disclosure. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Probably minor state and local government implementation costs, potentially offset in part by revenues from fines and/or fees.
(SA2005RF0141.)
1194. (SA2005RF0140)
Political Contributions and Expenditures. Restrictions on Corporations and Unions. Initiative Statute.
Summary Date: 02/07/06
Circulation Deadline: 07/07/06 Signatures Required: 373,816
Proponent: Mark Bucher (714) 573-2201
Prohibits corporations and labor organizations from making contributions or expenditures from general treasury funds for candidate elections or political conventions, but permits them to solicit voluntary employee or stockholder donations and make campaign contributions, expenditures from separate segregated political action committee funds. Candidates and political committees prohibited from receiving contributions prohibited by this measure. Establishes notice requirements and limits on campaign solicitations by corporations and labor organizations; prohibits coercive tactics. Expresses intent that California Fair Political Practices Commission and courts consider similar federal laws in interpreting these provisions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Probably minor annual increase in state elections-related enforcement costs. (SA2005RF0140.)
1195. (SA2005RF0137, Amdt. #2-S)
Alternative Energy. Research, Production, Incentives. Tax on California Oil. Initiative Constitutional Amendment and Statute.
Summary Date: 02/09/06 Circulation Deadline: 07/10/06 Signatures Required: 598,105
Proponent: James C. Harrison and Thomas A. Willis c/o Remcho, Johansen & Purcell
(510) 346-6200
Establishes program to reduce oil and gasoline use, with research and production incentives for alternative energy, alternative fuel vehicles, energy efficient technologies, and for education and training. Funded by tax of 1.5% to 6%, depending on oil price per barrel, on producers of oil extracted in California. Prohibits producers from passing tax on to consumers. Program administered by California Energy Alternatives Program Authority. Specifies spending $4 billion in 10 years. Prohibits changing tax while indebtedness remains. Revenues excluded from Proposition 98 calculations and appropriation limits. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: New state revenues annually - depending on the interpretation of the measure’s tax rate provision – of either about $200 million or about $380 million from the imposition of a severance tax on oil production, to be used to fund a variety of new alternative energy programs. Reductions of unknown amount in: local revenues from property taxes paid on oil reserves, potentially partially offset by state payments to schools to make up their revenue loss; state revenues from income taxes paid by oil producers; and, potentially, state and local revenues from gasoline and diesel excise and sales taxes. (SA2005RF0137, Amdt. #2-S.)
1196. (SA2005RF0138, Amdt. #2-S)
Alternative Energy. Research, Production, Incentives. Tax on California Oil. Initiative Constitutional Amendment and Statute.
Summary Date: 02/09/06 Circulation Deadline: 07/10/06 Signatures Required: 598,105
Proponent: James C. Harrison and Thomas A. Willis c/o Remcho, Johansen & Purcell (510) 346-6200
Establishes $4 billion program to reduce oil and gasoline usage by 25%, with research and production incentives for alternative energy, alternative energy vehicles, energy efficient technologies, and for education and training. Funded by tax of 1.5% to 6%, depending on oil price per barrel, on producers of oil extracted in California. Prohibits producers from passing tax on to consumers. Program administered by California Energy Alternatives Program Authority. Prohibits changing tax while indebtedness remains. Revenues excluded from Proposition 98 calculations and appropriation limits. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: New state revenues annually – depending on the interpretation of the measure’s tax rate provisions – of either about $200 million or about $380 million from the imposition of a severance tax on oil production, to be used to fund a variety of new alternative energy programs. Reductions of unknown amounts in: local revenues from property taxes paid on oil reserves, potentially partially offset by state payments to schools to make up their revenue loss; state revenues from income taxes paid by oil producers; and, potentially, state and local revenues from gasoline and diesel excise and sales taxes. (SA2005RF138, Amdt. #2-S.)
1197. (SA2005RF0139, Amdt. #1-NS)
Tax on Cigarettes. Initiative Constitutional Amendment and Statute.
Summary Date: 02/10/06 Circulation Deadline: 07/10/06 Signatures Required: 598,105
Proponent: Paul Knepprath (916) 444-8801
Imposes additional 13 cent tax on each cigarette distributed ($2.60 per pack), and indirectly increases tax on other tobacco products. Provides funding to qualified hospitals for emergency services, nursing education and health insurance to eligible children. Revenue also allocated to specified purposes including tobacco use prevention programs, enforcement of tobacco-related laws, and research, prevention and treatment of various conditions including cancers (breast, cervical, prostate and colorectal), heart disease, stroke, asthma and obesity. Exempts recipient hospitals from antitrust laws in certain circumstances. Revenue excluded from appropriation limits and Proposition 98 calculations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increase in new state tobacco tax revenues of about $2.1 billion annually by 2007-08, declining slightly annually thereafter. Those revenues would be used for various health and tobacco-related programs and for children’s health coverage. Unknown net state costs potentially reaching the low hundreds of millions annually after a few years due to provisions for streamlining enrollment in the Medi-Cal and HFP. Unknown but potentially significant savings to counties on a statewide basis beginning in the near term for a shift of children from county health coverage to HFP, with unknown but potentially significant costs to the state in the long term for ongoing support of expanded HFP enrollment. Unknown but potentially significant savings in state and local government public health care costs over time due to expected reduction in consumption of tobacco products and due to other factors. (SA2005RF0139, Amdt. #1-NS.)
1198. (SA2005RF0135)
Government Acquisition of Private Property. Initiative Constitutional Amendment.
Summary Date: 02/15/06 Circulation Deadline: 07/17/06 Signatures Required: 598,105
Proponent: Douglas Adams McNea and Karin Annette Hipona
Amends California Constitution to bar state and local governments from condemning or damaging private property for “economic development,” defined as conveying or leasing the condemned property to a private person or entity for a commercial enterprise or to increase tax revenue, tax base, employment, housing density or general economic health. Exempts certain land uses. Provides that government condemnation of private property may not occur until government gives notice of the proposed public use for the property, a court affirms the proposed public use, and just compensation is deposited with the court. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, potentially significant, changes in governmental costs to acquire property for public purposes. (SA2005RF0135.)
1199. (SA2005RF0142)
Workers’ Compensation. Option to Sue. Initiative Constitutional Amendment and Statutes.
Summary Date: 02/15/06 Circulation Deadline: 07/17/06 Signatures Required: 598,105
Proponent: Danielle L. Viohl c/o Margaret Prinzing (510) 346-6200
Provides option, 90 days after injury, for injured employee to sue employer or insurer for civil damages, rather than continue in workers’ compensation system. Allows injured employees to choose their own medical providers, with treatment paid by employer or employer’s insurer. Findings of selected provider are presumed correct unless rebutted by preponderance of medical opinion. Authorizes employee-selected medical provider to sue employer or insurer if provider’s bills are not paid within 60 days. Repeals provision allowing employers and insurers to contract with pharmacies to provide medicines to employees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Annual costs—potentially in the mid to high hundreds of millions of dollars—for state and local government work-related injuries. (SA2005RF0142.)
1200. [Revised] (SA2005RF0143)
Workers’ Compensation. Option to Sue. Initiative Constitutional Amendment and Statutes.
Summary Date: 02/16/06 Circulation Deadline: 07/17/06 Signatures Required: 598,105
Proponent: Danielle L. Viohl c/o Margaret Prinzing (510) 346-6200
Provides option, 90 days after injury, for certain private sector, non-union injured employees to sue employer or insurer for damages, rather than continue in workers’ compensation system. Allows injured employees to choose their own medical providers, with treatment paid by employer or employer’s insurer. Findings of selected provider are presumed correct, unless rebutted by preponderance of medical opinion. Authorizes employee-selected medical provider to sue employer/insurer if provider’s bills not paid within 60 days. Repeals provision allowing employers/insurers to contract with pharmacies to provide medicines to employees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Annual costs—potentially in the low to mid hundreds of millions of dollars—for state and local government workers' compensation. (SA2005RF0143.)
1201. [Revised] (SA2005RF0144)
Workers’ Compensation. Benefits. Choice of Medical Provider. Initiative Constitutional Amendment and Statutes.
Summary Date: 02/16/06 Circulation Deadline: 07/17/06 Signatures Required: 598,105
Proponent: Danielle L. Viohl c/o Margaret Prinzing (510) 346-6200
Increases workers’ compensation weekly permanent partial disability payments and death benefit levels in January 2007, and thereafter authorizes annual increases in death benefits tied to state average weekly wage. Allows injured employees to choose their own medical providers, with treatment paid by employer or employer’s insurer. Findings of selected provider are presumed correct unless rebutted by preponderance of medical opinion. Repeals provision allowing employers and insurers to contract with pharmacies to provide medicines to employees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Annual costs—potentially in the mid to high hundreds of millions of dollars—for the state and local government workers' compensation. (SA2005RF0144.)
1202. (SA2005RF0134, Amdt.#1-S)
Government Acquisition of Private Property. Initiative Constitutional Amendment.
Summary Date: 02/16/06 Circulation Deadline: 07/17/06 Signatures Required: 598,105
Proponent: Tom McClintock, Jon Coupal, Chris Norby and Doug LaMalfa
c/o Jon Huey (916) 446-6460
Amends California Constitution to bar state and local governments from condemning or damaging private property, without the owner’s consent, for economic development, tax revenue, or other private use. Government must occupy condemned property or lease property to certain regulated entities. Defines “just compensation.” Prohibits deference to government in condemnation cases. Condemned private property must be offered for resale to prior owner at current fair market value if, within ten years, government abandons proposed condemnation’s objective. Exempts asset forfeiture following criminal conviction. Applies to condemnation actions pending or commenced after June 2005. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, potentially significant, changes in governmental costs to acquire property for public purposes. (SA2005RF0134, Amdt., #1-S.)
1203. (SA2005RF0145)
Open Multiple Listing Service. Initiative Statute.
Summary Date: 02/16/06 Circulation Deadline: 07/17/06 Signatures Required: 373,816
Proponent: David Barry (415) 398-6600
Provides for creation of an internet-based open multiple listing service (“open MLS”) offering free public access to non-confidential information regarding real property for sale or rent. Subscribers with active real estate licenses may access confidential information. Paid subscribers may list their own realty. Requires licensed real estate agents to list property on open MLS unless client requests otherwise. Specifies format and content of open MLS. Provides for bidding process to select open MLS operator, and establishes qualifications, powers and duties of operator. Provides that Department of Real Estate will enforce this measure. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Probably minor annual increase in state real estate enforcement costs and related real estate license fees. (SA2005RF0145.)
1204. (SA2005RF0146)
Government Acquisition, Regulation of Private Property. Initiative Constitutional Amendment.
Summary Date: 02/16/06 Circulation Deadline: 07/17/06 Signatures Required: 598,105
Proponent: Anita S. Anderson
Bars state and local governments from condemning or damaging private property to promote other private projects, uses. Limits government’s authority to adopt certain land use, housing, consumer, environmental and workplace laws and regulations, except when necessary to preserve public health or safety. Voids unpublished eminent domain court decisions. Defines “just compensation.” Government must occupy condemned property or lease property for public use. Condemned private property must be offered for resale to prior owner or owner’s heir at current fair market value if government abandons condemnation’s objective. Exempts certain governmental actions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but potentially significant major future costs for state and local governments to pay damages and/or modify regulatory or other policies to conform to the measure’s provisions. Unknown, potentially major changes in governmental costs to acquire property for public purposes. (SA2005RF0146.)
1205. (SA2005RF0147)
Product Liability. Immunity from Punitive Damages. Initiative Statute.
Summary Date: 02/16/06 Circulation Deadline: 07/17/06 Signatures Required: 373,816
Proponent: John H. Sullivan c/o Richard D. Martland (916) 446-6752
Prohibits courts from assessing damages to punish defendants (punitive damages) when a product causes injury or harm if, at time of manufacture, distribution or sale, the product or the product’s warning information was in material compliance with existing laws, regulations or governmental standards. Immunity from punitive damage awards would be required unless injured party could prove, with clear and convincing evidence, that manufacturer, distributor or seller intentionally withheld or misrepresented information required by a governmental agency, and that such action was causally related to consumer injury. Measure applies to pending lawsuits. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potential unknown reduction in revenues to the state and local governments resulting from a potential decrease in punitive damage awards in certain product liability lawsuits. (SA2005RF0147.)
1206. (SA2005RF0002)
Campaign Contribution Limits. State Office Candidates. Initiative Statute.
Summary Date: 02/23/06 Circulation Deadline: 07/24/06 Signatures Required: 373,816
Proponent: Robert A. Dean and Perry A. Speth
Reduces contribution limits from individuals and political parties to candidates for Governor from $22,300 per election to $1,000 per calendar year; to candidates for Lieutenant Governor, Attorney General, Treasurer, Controller, Secretary of State, Superintendent of Public Instruction, Insurance Commissioner and Board of Equalization from $5,600 per election to $1,000 per calendar year; and to candidates for State Senate and State Assembly from $3,300 per election to $1,000 per calendar year. Reduces contribution limits from small contributor committees to candidates for state office to $2,000 per calendar year. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Probably minor annual increase in state election-related enforcement costs. (SA2006RF0002.)
1207. (SA2005RF0003)
California Border Police. Immigration. Initiative Statute.
Summary Date: 02/23/06 Circulation Deadline: 07/24/06 Signatures Required: 373,816
Proponent: Ray Haynes
Creates a Division of Homeland Security, also called the California Border Police. Authorizes Border Police to arrest and hold persons suspected of violating federal immigration law, without a warrant, based on probable cause. Commissioner may establish needed detention facilities, and Border Police may use any state or local facility to perform their duties. Permits commissioner to reach agreement with federal government regarding performance of immigration officer functions. Requires state to seek reimbursement from federal government for cost of arrests and detention. Requires two-thirds vote of Legislature and Governor’s signature to amend. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potential annual costs in the hundreds of millions of dollars to create and operate a border police agency, with one-time costs in the tens of millions of dollars. Potential net savings to state and local governments over time in the hundreds of millions of dollars annually due to reduced expenditures for certain public services. Potential net reductions in state and local revenues over time in the hundreds of millions of dollars annually due to impacts on the state’s economy. (SA2006RF0003.)
1208. (SA2006RF0004)
Redistricting. Initiative Constitutional Amendement.
Summary Date: 02/23/06 Circulation Deadline: 07/24/06 Signatures Required: 598,105
Proponent: Edward J. "Ted" Costa, Derek Cressman, Nativo Lopez and Jim Mangia
Amends process for redistricting California’s Senate, Assembly, Congressional and Board of Equalization districts. Authorizes eleven-member compensated Citizens’ Redistricting Commission, selected randomly from voter rolls by Secretary of State, to prepare a redistricting plan after each national census. Commission selects non-voting chairperson from list recommended by Judicial Council. Chairperson to provide administrative and legal assistance. Commission must consider legislative, public comments and hold public hearings before submitting final plan for voter approval. Plan governs next statewide election even if voters reject plan. Articulates redistricting criteria. Challenges to plan must be made within 45 days. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potential reduction in costs for each future redistricting effort, but net impact would depend on decisions by voters. (SA2006RF0004.)
1210. (SA2006RF0012)
Political Contributions and Expenditures by Corporations. Shareholder Consent Requirements. Limits and Penalties. Initiative Statute.
Summary Date: 03/02/06 Circulation Deadline: 07/31/06 Signatures Required: 373,816
Proponent: Lance H. Olson (916) 442-2952
Prohibits corporations, as defined, from making political contributions or expenditures for political activities except with shareholders’ prior informed consent by means of majority vote and reports to shareholders. Limits corporate political contributions and expenditures in any fiscal year to the same proportion as percentage of shareholder votes that approved the expenditures. Imposes criminal penalties for violations by corporate officials and contribution recipients. Defines political activities as support or opposition of candidates, political parties, committees, issue advocacy or voter registration campaigns, ballot measures, or legislative causes. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: State enforcement costs potentially totaling a few hundred thousand dollars annually, partially offset by increased fine revenues. (SA2006RF0012.)
1211. (SA2006RF0005, Amdt. #2-NS)
Repeat Offenders. Sentencing. Initiative Statute.
Summary Date: 03/17/06 Circulation Deadline: 08/14/06 Signatures Required: 373,816
Proponent: Steven J. Ipsen, Steve Remige and Lawanda Hawkins (213) 700-4133
Reclassifies “violent” felonies as “Class A,” “serious” felonies as “Class B,” and other felonies as “Class C.” Changes Three Strikes law and other sentence enhancements for repeat offenders by lengthening certain sentences and expanding list of felonies subject to the Three Strikes law. Provides courts with more sentencing options, including shorter sentences, for “third strikers” committing Class C felonies. Authorizes resentencing for certain “third strikers” serving life sentences for non-violent, non-serious felonies. Creates program to educate inmates on the consequences of committing new crimes. Increases parole periods and sentences for parole violations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown net state costs—for prison operations, parole supervision, and courts—potentially growing to as much as a few billion dollars annually within a decade. Unknown one-time state costs over a number of years for capital outlay associated with prison construction, potentially as much as several billions of dollars. Unknown fiscal impact to local governments for jail and court-related costs. (SA2006RF0005.)
1212. (SA2006RF0020)
Ballot Measure Finance Disclosure. Initiative Statute.
Summary Date: 03/21/06 Circulation Deadline: 08/18/06 Signatures Required: 373,816
Proponent:
Richard D. Jacobs (310) 860-1307
Requires Legislative Analyst to prepare statements describing the principal financial support for and against each ballot measure, using the North American Industry Classification System (NAICS). Actual donor names shall generally not be used. Requires disclosure statements to appear on ballots, sample ballots, ballot pamphlets, designated web sites, and in advertisements for and against ballot measures. Permits legal challenge to the statements within two to five days of issuance by Legislative Analyst. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased state elections-related costs of probably over $100,000 annually. (SA2006RF0020.)
1213. (SA2006RF0017, Amdt. 1-NS)
"Three Strikes" Law. Sentences for Repeat Felony Offenders. Initiative Statute.
Summary Date: 03/23/06 Circulation Deadline: 08/21/06 Signatures Required: 373,816
Proponent:
Brian T. Dunn and Steve Cooley (323) 931-6200
Revises “Three Strikes” law by providing generally that offenders with two or more prior serious and/or violent felony convictions whose current offense is a non-serious and/or non-violent felony be sentenced to twice the usual term for the current offense, instead of 25 years to life. Authorizes re-sentencing of persons serving indeterminate life sentences where the offense was non-serious and non-violent. Eligibility for shorter sentences or re-sentencing would not apply to specified crimes, including murder, firearm use, and certain sex or drug offenses. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Net state savings—primarily to prison operations—potentially in the tens of millions of dollars initially, increasing to about one hundred million dollars annually within a decade. Unknown state savings for capital outlay associated with prison construction that would otherwise be needed, potentially as much as several hundreds of millions of dollars in the long term. Increased county costs of potentially several millions of dollars initially, decreasing significantly in subsequent years, for jail and court-related costs. (SA2006RF0017.)
1214. (SA2006RF0018)
Invalidation of Domestic Partnerships. Marriage. Initiative Constitutional Amendment.
Summary Date: 03/23/06 Circulation Deadline: 08/21/06 Signatures Required: 598,105
Proponent:
Ivan Megediuk, Nikolay Bugriyev and Richard N. Otterstad, Jr. (916) 485-5942
Amends California Constitution to provide that a marriage between one man and one woman is the only legal union that shall be valid or recognized in California. Bars domestic partnerships from being valid or recognized as legal unions in California. Eliminates certain rights and obligation conferred by California law on same-sex and heterosexual couples registered as domestic partners, concerning subject areas including, but not limited to, community property, intestate succession, stepparent adoption, child custody/support, hospital visitation, healthcare decisions for an incapacitated partner, insurance benefits, and recovery for wrongful death. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but probably not significant, fiscal effect on state and local governments. The impact would depend in large part on future court interpretations. (SA2006RF0018.)
1215. (SA2006RF0021)
Repeat Offenders. Sentencing. Initiative Statute.
Summary Date: 03/03/06 Circulation Deadline: 08/26/06 Signatures Required: 373,816
Proponent: Stephen J. Ipsen, Lawanda Hawkins and Steve Remige
Reclassifies “violent” felonies as “Class A,” “serious” felonies as “Class B,” and other felonies as “Class C.” Changes Three Strikes law and other sentence enhancements for repeat offenders by lengthening certain sentences and expanding list of felonies subject to the Three Strikes law. Provides courts with more sentencing options, including shorter sentences, for “third strikers” committing specified Class C felonies. Authorizes resentencing for certain “third strikers” serving life sentences for non-violent, non-serious felonies. Creates program to educate inmates on the consequences of committing new crimes. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown net state costs—for prison operations, parole supervision, and courts—potentially growing to as much as a couple billion dollars annually within a decade. Unknown one-time state costs over a number of years for capital outlay associated with prison construction, potentially as much as several billions of dollars. Unknown fiscal impact to local governments for jail and court-related costs. (SA2006RF0021.)
1216. (SA2006RF0015, Amdt. #2-S)
Political Campaigns. Public Financing. Corporate Tax Increase. Contribution and Expenditure Limits. Initiative Statute.
Summary Date: 04/03/06 Circulation Deadline: 08/31/06 Signatures Required: 373,816
Proponent:
Deborah Burger c/o Michael Lighty (510) 273-2200
Provides that candidates for state elective office meeting certain eligibility requirements, including collection of a specified number of $5.00 contributions from voters, may voluntarily receive public campaign funding from the Fair Political Practices Commission, in amounts varying by elective office and type of election. Increases income tax rate on corporations and financial institutions by 0.2 percent to fund program. Imposes new limits on campaign contributions to state-office candidates and campaign committees, and new restrictions on contributions and expenditures by lobbyists and corporations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased revenues (primarily from increased taxes on corporations and financial institutions) totaling more than $200 million annually to pay for the public financing of political campaigns for state elected offices. (SA2006RF0015.)
1217. (SA2006RF0022)
Minimum Wage. Managerial Exemption. Flexible Work Schedule. Initiative Statute.
Summary Date: 04/04/06 Circulation Deadline: 09/01/06 Signatures Required: 373,816
Proponent:
Thomas W. Hiltachk (916) 442-7757
Sets minimum wage at $7.25 per hour starting July 1, 2007, increasing to $7.75 on July 1, 2008. Changes current law requiring overtime pay after 8 hours, permitting individual employees, with employer's approval, to work more than 8 hours per workday without paid overtime except when employee works more than 10 hours per workday or more than 40 hours per workweek. Eliminates daily and weekly overtime pay for additional specified employees, including managers earning a minimum of $540 per week and other highly compensated employees, as defined. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Annual state and local government costs due to the minimum wage increase—primarily in health and child care programs—in the high tens of millions of dollars to over $100 million. Potential net reduction, but probably not significant, in annual state and local government revenues. (SA2006RF0022.)
1218. (SA2006RF0014, Amdt. #1-S)
Inmates. Family Visitation. Initiative Statute.
Summary Date: 04/05/06 Circulation Deadline: 09/05/06 Signatures Required: 373,816
Proponent: Carmen Harris
Requires Director of Corrections to permit all prison inmates, except those inmates condemned to die or assigned to reception centers or administrative segregation/security housing units, to participate in prison system’s family visiting program, provided that inmates: (1) have or obtain high school diploma or equivalent; (2) agree to random drug testing; and (3) agree to participate in available Alcoholics Anonymous/Narcotics Anonymous program. Requires inmates be given annual opportunity to take high school equivalency test. Limits denial of family visits as disciplinary measure. Incorporates existing legal restrictions on child victim visits to inmat |