|
 2004 Initiative Update
Initiative Update as of July 7, 2004
Changes since the last
update:
- 1058. (SA04RF0020)
Reapportionment. Initiative Constitutional Amendment.
ADDED to Initiatives in Circulation.
Changes since the June 28, 2004 update
are marked with the
button below.
Past
Updates:
06/28/04
06/25/04
06/22/04
06/17/04
06/02/04
06/01/04
05/28/04
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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 for the November 2, 2004, General Election ballots 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.
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Top| Qualified for 2004 General| Qualified for 2006 General| Pending|Circulating| Attorney General
Propositions that are on the
November 2, 2004, General Election Ballot
Legislative Constitutional Amendment
Proposition 59
SCA 1 (Resolution Chapter 1, Statutes of 2004). Burton.
Access to government information.
Legislative Constitutional Amendment
Proposition 60
SCA 18 (Resolution Chapter 103, 2004). Johnson.
Primary elections: surplus state property.
Initiative Statute
Proposition 61
1003. (SA03RF0033, Amdt. #1-S). Children's Hospital
Projects. Grant Program. Bond Act. Initiative Statute.
Proponent: Susan Maddox, c/o Thomas Hiltachk, (916) 442-7757
Authorizes $750,000,000 in general obligation bonds, to be repaid from state's General
Fund, to fund grants to eligible children's hospitals for the construction, expansion,
remodeling, renovation, furnishing and equipping of children's hospitals. Twenty percent
of bonds shall be available for grants to certain University of California general acute
care hospitals, and eighty percent of the bonds shall be available for grants to other
general acute care hospitals whose missions focus on children with illnesses such as
leukemia, heart defects, sickle cell anemia and cystic fibrosis, and which meet other
stated requirements. Summary of estimate by Legislative Analyst and Director of Finance
of fiscal impact on state and local governments: Assuming 30-year bonds at an interest
rate of 5.5 percent, the state cost would be about $1.5 billion over 30 years to pay off
both the principal ($750 million) and interest ($800 million) on the bonds. Payments of
about $50 million per year. This measure would also result in minor administrative costs
to the California Health Facilities Financing Authority.
Initiative Constitutional Amendment and
Statute
Proposition 62
1005. (SA03RF0031, Amdt. #1-S). Elections. Primaries.
Initiative Constitutional Amendment and Statute.
Proponents: Nick Tobey, Susan Riegel Harding, and George David Kieffer
c/o Peter A. Bagatelos (415) 242-8830 and c/o Barry Fadem (925) 283-0581
Requires primary elections in which voters may vote for any state or federal candidate
regardless of party registration. Exempts presidential nominations and elections of party
central committees, in which only registered party members may vote unless party otherwise
permits. Only the two primary-election candidates with most votes for an office, whether
or not members of the same party, would be listed on general election ballot; however,
candidate receiving majority vote in special primary election is elected. Requires
party's consent to allow identification of candidates' party registration on ballot and
other official election publications. Summary of estimate by Legislative Analyst and
Director of Finance of fiscal impact on state and local governments: Measure would
result in no significant net fiscal effect on state or local governments.
Initiative Statute
Proposition 63
1007. (SA03RF0036). Mental Health Services Expansion
and Funding. Tax on Incomes over $1 Million. Initiative Statute.
Proponents: Assemblyman Darrell Steinberg and Sherman Russell Selix, Jr.,
(916) 557-1166
Provides funds to counties to expand services and develop innovative programs and
integrated service plans for mentally ill children, adults and seniors. Requires
state to develop mental health service programs including prevention, early intervention,
education and training programs. Creates new commission to approve certain county
programs and expenditures. Imposes additional 1% tax on taxable income over $1 million
to provide dedicated funding for expansion of mental health services and programs.
Current funding for mental health programs may not be reduced because of funding from new
tax. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact
on state and local governments: Additional revenues of approximately $250 million in
2004-05, $680 million in 2005-06, $700 million in 2006-07, and increasing amounts
annually thereafter, with comparable increases in expenditures by the state and counties
for the expansion of mental health programs. Unknown savings to the state and local
agencies potentially amounting to hundreds of millions of dollars annually on a statewide
basis from reduced costs for state prison and county jail operations, medical care,
homeless shelters, and social services programs that would partly offset the additional
cost of this measure.
Initiative Statute
Proposition 64
1016. (SA03RF0051). Limitations on Enforcement of
Unfair Business Competition Laws. Initiative Statute.
Proponents: Allan S. Zaremberg and John H. Sullivan c/o Richard Martland,
(916) 446-6752
Amends unfair business competition laws to: limit individual's right to sue by
allowing private enforcement only if that individual has been actually injured by,
and suffered financial/property loss because of an unfair business practice; require
representative claims to comply with procedural requirements applicable to class action
lawsuits; authorize only California Attorney General or local public officials to sue on
behalf of general public to enforce unfair business competition laws. Penalties recovered
by Attorney General or local prosecutors to be used only for enforcement of consumer
protection laws. Summary of estimate by Legislative Analyst and Director of Finance of
fiscal impact on state and local governments: Unknown fiscal impact on the state
depending on whether the measure increases or decreases court workload related to unfair
competition lawsuits; unknown potential costs to local governments, depending on the
extent to which diverted funds are replaced.
Initiative Constitutional Amendment
Proposition 65
1031. (SA03RF0067). Local Government Funds and
Revenues. State Mandates. Initiative Constitutional Amendment.
Proponents: Steven C. Szalay, Catherine Smith, Christopher K. McKenzie,
c/o Cathy Christian (916) 446-6752
Requires voter approval for any legislation that provides for any reduction, based on
January 1, 2003 levels, of local governments' vehicle license fee revenues, sales tax
powers and revenues, and proportionate share of local property tax revenues. Permits
local government to suspend performance of state mandate if State fails to reimburse
local government within 180 days of final determination of state-mandated obligation;
except mandates requiring local government to provide/modify: any protection, benefit or
employment status to employee/retiree, or any procedural/substantive employment right for
employee or employee organization. Summary of estimate by Legislative Analyst and
Director of Finance of fiscal impact on state and local governments: This initiative
would have the following fiscal effects, the magnitude of which would depend on future
actions by the Legislature and state voters: Higher and more stable local government
revenues than otherwise would have been the case, potentially several billion dollars
annually. Significant changes to state finance, potentially including higher state taxes
or lower spending on state programs than otherwise would have been the case. The state
fiscal effect would be commensurate with the measure's impact on local governments.
Initiative Statute
Proposition 66
1015. (SA03RF0047, Amdt. #1-S). Limitations on "Three
Strikes" Law. Sex Crimes. Punishment. Initiative Statute.
Proponent: James R. "Jim" Benson, (714) 547-9842
Amends "Three Strikes" law to require increased sentences only when current conviction
is for specified violent and/or serious felony. Redefines violent and serious felonies.
Only prior convictions for specified violent and/or serious felonies, brought and tried
separately, would qualify for second and third "strike" sentence increases. Allows
conditional re-sentencing of persons with sentences increased under "Three Strikes" law
if previous sentencing offenses, or prior convictions used to increase sentences, would
no longer qualify as violent and/or serious felonies. Increases punishment for specified
sex crimes against children. Summary of estimate by Legislative Analyst and Director of
Finance of fiscal impact on state and local governments: Unknown, but significant net
savings to the state ranging from several tens of millions of dollars to several hundreds
of millions of dollars annually due to lower prison operating costs partially offset by
costs associated with court-related activities, parole supervision, and the incarceration
of and counseling services for sex offenders. Potential state deferral of several
hundreds of millions of dollars in capital outlay costs associated with delayed
construction of additional prison beds. Increased one-time costs of up to several tens
of millions of dollars for jail and court-related costs; ongoing costs of a couple of
tens of millions of dollars.
Initiative Constitutional Amendment and
Statute
Proposition 67
1010. (SA03RF0043). Emergency and Medical Services.
Funding. Telephone Surcharge. Initiative Constitutional Amendment and Statute.
Proponents: John Whitelaw, MD, Kacey Hansen, RN, William Wesley Fields, MD
c/o Tom Hiltachk (916) 442-7757
Provides funding for emergency personnel training and equipment, reimbursement for
uncompensated emergency physician care, uncompensated community clinic care, emergency
telephone system improvements, and to hospitals for emergency services. Commission to
administer physician funding. Funded by: Addition of 3% to surcharge rate on telephone
use within California; portions of tobacco taxes; criminal and traffic penalties.
Monthly cap of 50 cents on surcharge collected by residential service providers, but not
cell phone or business lines. Excludes funding from government appropriations
limitations, and telephone surcharge from Proposition 98's school spending requirements.
Summary of estimate of Legislative Analyst and Director of Finance of fiscal impact on
state and local governments: Increased revenues of about $550 million annually from
increased charges on telephone usage for emergency care services and other specified
purposes. These revenues would probably grow in future years.
Initiative Constitutional Amendment and
Statute
Proposition 68
1027. (SA03RF0059). Tribal Gaming Compact Renegotiation. Non-Tribal Commercial
Gambling Expansion. Revenues, Tax Exemptions. Initiative Constitutional Amendment and
Statute.
Proponents: Louis J. Blanas and Lee Baca, c/o Barry Fadem (925) 283-0581
Authorizes Governor to renegotiate tribal-state compacts to require that tribes: Pay
25% of slot machine/gaming device revenues to government fund; comply with multiple state
laws; accept state court jurisdiction. Unless all compacted tribes accept terms within
90 days, or if terms determined unlawful, authorizes 16 specified non-tribal racetracks
and gambling establishments to operate 30,000 slot machines/gaming devices, paying 33% of
revenues to fund public safety, regulatory, social programs. Provides exemption from
future state/local tax increases. Limits new tribal gaming. Summary of estimate by
Legislative Analyst and Director of Finance of fiscal impact on state and local
governments: This measure would have the following major fiscal effect: Increased local
government revenues of likely over $1 billion annually from new gambling revenues.
The revenues would be used primarily for additional firefighting, police, and child
protective services.
Initiative Statute
Proposition 69
1029. (SA03RF0065). DNA Samples. Collection. Database. Funding. Initiative
Statute.
Proponent: Bruce E. Harrington, c/o Thomas Hiltachk (916) 442-7757
Requires collection of DNA samples from all felons, and from adults and juveniles
arrested for or charged with specific crimes, and submission to state DNA database;
and, in five years, from adults arrested for or charged with any felony. Authorizes
local law enforcement laboratories to perform analyses for state database and maintain
local database. Specifies procedures for confidentiality and removing samples from
databases. Imposes additional monetary penalty upon certain fines/forfeitures to fund
program. Designates California Department of Justice to implement program, subject to
available moneys: Authorizes $7,000,000 loan from Legislature for implementation.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on
state and local governments: This measure would result in the following direct fiscal
effects: Unknown annual state costs potentially over $10 million initially, increasing
to a couple tens of millions of dollars when fully implemented to collect, analyze, and
store increased DNA samples. These costs would be partially offset by increased criminal
penalty revenues. Unknown annual local costs potentially several million dollars
initially, increasing to over $10 million when fully implemented to collect DNA samples.
These costs could be offset by increased criminal penalty revenues.
Initiative Constitutional Amendment and
Statute
Proposition 70
1046. (SA04RF0005, Amdt. #1-NS). Tribal Gaming Compacts. Exclusive Gaming Rights. Contributions to State.
Initiative Constitutional Amendment and Statute.
Proponent: Richard Milanovich, c/o Fredric D. Woocher (310) 576-1233 and Gene Raper (760) 778-7413
Requires Governor to offer renewable 99-year gaming compacts to federally recognized
Indian tribes providing: exclusive gaming rights on Indian land; no limits on number of
machines, facilities, types of games; contribution to state fund of portion of net tribal
gaming income, based on prevailing state corporate tax rate; off-reservation environmental
impact reports, public notice/comment opportunities before significant expansion or
construction of gaming facilities. Contributions are in lieu of any other fees, taxes or
levies. Contributions terminate if state permits non-tribal casino-type gaming. Summary
of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and
local governments: This measure would have the following major fiscal effect: Increased
state gaming revenues - potentially several hundreds of millions of dollars annually.
These revenues could increase significantly over time.
Initiative Constitutional Amendment and
Statute
Proposition 71
1021. (SA03RF0055, Amdt. #1-NS). Stem Cell Research. Funding. Bonds. Initiative Constitutional Amendment
and Statute.
Proponents: Roberta B. Johansen and James C. Harrison,
c/o Remcho, Johansen & Purcell (323) 468-3391
Establishes "California Institute for Regenerative Medicine" to regulate stem cell
research and provide funding, through grants and loans, for such research and research
facilities. Establishes constitutional right to conduct stem cell research; prohibits
Institute's funding of human reproductive cloning research. Establishes oversight
committee to govern Institute. Provides General Fund loan up to $3 million for
Institute's initial administration/implementation costs. Authorizes issuance of general
obligation bonds to finance Institute activities up to $3 billion subject to annual limit
of $350 million. Appropriates monies from General Fund to pay for bonds. Summary of
estimate by Legislative Analyst and Director of Finance of fiscal impact on state and
local governments: State cost of about $6 billion over 30 years to pay off both the
principal ($3 billion) and interest ($3 billion) on the bonds. Payments of about $200
million per year.
Referendum
Proposition 72
1008. (SA03RF0049). Referendum Petition to
Overturn Amendments to Health Care Coverage Requirements.
Proponents: Allan Zaremberg and John Dunlap III
If signed by the required number of electors and timely filed with the Secretary of
State, this petition will prevent implementation of Chapter 673, Statutes of 2003, previously approved by the Legislature and Governor, unless and until it is approved
by a majority of voters. Measure creates mandatory employee health care benefits program
for employers with 20 or more employees. Employees working 100 hours per month are
covered. Fee for coverage paid at least 80% by employer and up to 20% by employee
contribution. Exempts employers for providing alternative coverage.
Top| Qualified for 2004 General| Qualified for 2006 General|Pending|Circulating| Attorney General
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.
Top| Qualified for 2004 General| Qualified for 2006 General| Pending|Circulating| Attorney General
Initiatives Pending Signature Verification
None
Top| Qualified for 2004 General| Qualified for 2006 General| Pending|Circulating| Attorney General
Initiatives in circulation
as of July 7, 2004
1033. (SA03RF0070)
One-House Legislature. Terms. Procedures. Initiative Constitutional Amendment.
Summary Date: 02/11/04
Circulation Deadline: 07/12/04 Signatures Required: 598,105
Proponent: James Bouskos (559) 999-4800
Creates one-house Legislature of 100 members, elected for two-year terms from 100
districts, without term limits. Establishes six-month legislative session from January -
June annually. Creates commission of political party appointees to establish legislative
districts of equal population. Limits Legislature's expenditures, subject to annual
adjustment based on national Consumer Price Index. Prohibits payment of legislators
after Jun e15th of each year unless and until state budget enacted. Establishes per
diem and mileage caps for legislators. Limits number of legislative committees, staff
and staff salaries. Prohibits state subsidized vehicles for legislators. Summary of
estimate by Legislative Analyst and Director of Finance of fiscal impact on state and
local governments: This measure would have the following major fiscal effects: State
savings of almost $200 million annually from reduced legislative expenditures. One-time
implementation costs for state and local government in excess of $50 million.
1034. (SA03RF0071)
Legalized Casino-Type Gambling. Cities of Barstow and Oakland Pilot Program.
Initiative Constitutional Amendment.
Summary Date: 02/11/04
Circulation Deadline: 07/12/04 Signatures Required: 598,105
Proponent: Robert W. Wilson
Legalizes casino-type gambling, including sports wagering, roulette, slot machines,
banking and percentage games played with cards or dice for 28 years in cities of Barstow
and Oakland on experimental basis. Limited to 12 gambling facilities in each city.
Creates state commission appointed by the Governor to supervise gambling operations,
operators. Creates two local commissions, one appointed by each city council, to
investigate applicants for gambling licenses and establish licensing and tax fees.
Requires each gambling facility to have license and permit to conduct gambling activities. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Measure would result in increased revenues to the state and particular local governments from gambling-related activities, potentially in the tens of millions of dollars annually.
1035. (SA03RF0079)
Legislative Voting Records. Campaign Disclosure. Initiative Statute.
Summary Date: 02/11/04
Circulation Deadline: 07/12/04 Signatures Required: 373,816
Proponent: Carmen Balber (310) 392-0522
Denies daily salary and reimbursements for legislators when they are eligible but
fail to vote; exceptions for excused absences or conflicts of interest. Requires
Legislative Counsel to maintain online records of legislators' failure to vote,
including cumulative totals and percentages. Requires publication of legislators'
non-voting information in ballot pamphlet/sample ballot. Makes public the calendar,
including fund raising activities, of legislators and statewide elected officeholders.
Requires online disclosure within 24 hours of $1,000 or more contribution received by
state office candidates or state ballot measures. Requires campaign contributors to be
categorized by industry. Summary of estimate by Legislative Analyst and Director of
Finance of fiscal impact on state and local governments: This measure would result in
minor increased costs for state and local governments.
1036. (SA03RF0064, Amdt. #1-S)
Minor's Pregnancy. Waiting Period and Parental Notification or Waiver Before Abortion.
Initiative Constitutional Amendment.
Summary Date: 02/20/04
Circulation Deadline: 07/19/04 Signatures Required: 598,105
Proponents: Paul E. Laubacher and Barbara R. Laubacher (916) 381-5222
Amends Constitution to provide that no abortion shall be performed upon an
unemancipated minor until 48 hours after physician notifies minor's parent or legal
guardian, or until 24 hours after parent/guardian waives notification in a writing
that is signed, notarized and dated. Provides exception for medical emergency and
permits judicial waiver based upon clear and convincing evidence of minor's sufficient
maturity; physical, emotional, or sexual abuse by parent/guardian; or where notification
not in minor's best interests. Authorizes monetary damages and attorney's fees for
violation. Summary of estimate by Legislative Analyst and Director of Finance of fiscal
impact on state and local governments: The net costs of this measure to Medi-Cal and
other programs are unknown, but are probably not significant in the context of the total
expenditures for these programs.
1037. (SA03RF0072, Amdt. #1-S)
Disclosure of Social Security Numbers, Confidential Information. Unfair
Competition Actions. Telemarketing. Initiative Statute.
Summary Date: 02/24/04
Circulation Deadline: 07/23/04 Signatures Required: 373,816
Proponent: James Wheaton (510) 208-4554
Prohibits businesses from disclosing consumers' social security numbers and
confidential information except as specified. Allows identity theft victims to recover
treble damages. Authorizes unfair competition actions to remedy violations of this
measure and constitutional right of privacy; increases time to file such actions.
Provides recovered monies be used to remedy harm, to prevent/redress such practices, or
by court-approved fund for specified purposes. Allows remaining monies and civil
penalties to be used for any purpose. Prohibits telemarketing calls from 5:00p.m. to
8:00 a.m. next day. Summary of estimate by Legislative Analyst and Director of Finance
of fiscal impact on state and local governments: This measure could result in additional
state and local government court and enforcement costs, and in additional state and local
government revenues from civil and other penalties.
1038. (SA03RF0073, Amdt. #1-S)
Social Security Numbers and Consumer Confidential Information. Disclosure.
Identity Theft Remedies. Unfair Competition Actions. Initiative Statute.
Summary Date: 02/24/04
Circulation Deadline: 07/23/04 Signatures Required: 373,816
Proponent: James Wheaton (510) 208-4554
Prohibits businesses from disclosing consumer social security numbers and confidential
information to third parties except as specified. Allows identity theft victims to
recover treble damages. Authorizes unfair competition actions to remedy violations of
this measure and constitutional right of privacy. Requires that monies obtained from
unfair business practices be used to remedy harm, to prevent or redress unfair business
practices, or by court-approved fund for other specified purposes. Allows any remaining
monies and all civil penalties to be used for any purpose. Summary of estimate by
Legislative Analyst and Director of Finance of fiscal impact on state and local
governments: This measure could result in additional state and local government court
and enforcement costs, and in additional state and local government revenues from civil
and other penalties.
1039. (SA03RF0074, Amdt. #1-S)
Disclosure of Social Security Numbers. Identity Theft Remedies. Initiative Statute.
Unfair Competition Actions. Telemarketing Calls.
Summary Date: 02/24/04
Circulation Deadline: 07/23/04 Signatures Required: 373,816
Proponent: James Wheaton (510) 208-4554
Prohibits businesses from disclosing consumers' social security numbers except as
specified. Allows identity theft victims to recover treble damages. Authorizes
unfair competition actions to remedy violations of this measure and constitutional
right of privacy. Requires that monies obtained from unfair business practices be use
to remedy harm, to prevent/redress unfair business practices, or by court-approved fun
for other specified purposes. Allows remaining monies and civil penalties to be used
for any purpose. Prohibits telemarketing calls from 5:00 p.m. to 8:00 a.m. next day.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on
state and local governments: This measure could result in additional state and local
government court and enforcement costs, and in additional state and local government
revenues from civil and other penalties.
1040. (SA03RF0075, Amdt. #1-S)
Disclosure of Social Security Numbers. Unfair Competition Actions. Initiative Statute.
Summary Date: 02/24/04
Circulation Deadline: 07/23/04 Signatures Required: 373,816
Proponent: James Wheaton (510) 208-4554
Prohibits businesses from disclosing consumer social security numbers for profit.
Allows disclosure of social security number with consumer's express permission, to
complete an authorized financial transaction or as required or permitted by federal law.
Authorizes unfair competition actions to remedy violations of this measure and
constitutional right or privacy. Requires that monies obtained from unfair business
practices be used to remedy harm, to prevent/redress unfair business practices, to by
court-approved fund for specified purposes. Allows any remaining monies and all civil
penalties to be used for any purpose. Summary of estimate by Legislative Analyst and
Director of Finance of fiscal impact on state and local governments: This measure could
result in additional state and local government court and enforcement costs, and in
additional state and local government revenues from civil and other penalties.
1041. (SA03RF0076, Amdt. #1-S)
Disclosure of Consumer Confidential Information and Social Security Numbers.
Unfair Competition Actions. Telemarketing Calls. Initiative Statute.
Summary Date: 02/24/04
Circulation Deadline: 07/23/04 Signatures Required: 373,816
Proponent: James Wheaton (510) 208-4554
Prohibits businesses from disclosing consumer social security numbers and confidential
information except as specified. Authorized unfair competition action to remedy
violations of this measure and constitutional right of privacy. Requires that monies
obtained from unfair business practices be used to remedy harm, to prevent or redress
unfair business practices, or by court-approved fund for other specified purposes.
Allows any remaining monies and all civil penalties to be used for any purpose.
Prohibits telemarketing calls from 5:00 p.m. to 8:00 a.m. next day. Summary of estimate
by Legislative Analyst and Director of Finance of fiscal impact on state and local
governments: This measure could result in additional state and local government court
and enforcement costs, and in additional state and local government revenues from civil
and other penalties.
1042. (SA03RF0077, Amdt. #1-S)
Disclosure of Consumer Confidential Information. Unfair Competition Actions. Initiative Statute.
Summary Date: 02/24/04
Circulation Deadline: 07/23/04 Signatures Required: 373,816
Proponent: James Wheaton (510) 208-4554
Prohibits businesses from disclosing consumers' confidential information except as
specified. Authorizes unfair competition actions to remedy violations of this measure
and constitutional right of privacy. Requires monies obtained from unfair business
practices to be used to remedy harm, to prevent or redress unfair business practices, or
by court-approved fund for other specified purposes. Allows any remaining monies and all
civil penalties to be used by state and local agencies for any purpose. Summary of
estimate by legislative Analyst and Director of Finance of fiscal impact on state and
local governments: This measure could result in additional state and local government
court and enforcement costs, and in additional state and local government revenues from
civil and other penalties.
1043. (SA03RF0078, Amdt. #1-S)
Social Security Numbers. Disclosure. Identity Theft Remedies.
Unfair Competition Actions. Telemarketing Calls. Initiative Statute.
Summary Date: 02/24/04
Circulation Deadline: 07/23/04 Signatures Required: 373,816
Proponent: James Wheaton (510) 208-4554
Prohibits businesses from disclosing consumers' social security numbers except as
specified. Allows identity theft victims to recover treble damages from businesses.
Authorizes unfair competition actions to remedy violations of this measure and
constitutional right of privacy. Provides monies obtained from unfair business practices
to be used to remedy harm, to prevent or redress unfair business practices, or by
court-approved fund for other specified purposes; allows any remaining monies to be used
for any purpose. Prohibits telemarketing calls from 5:00 p.m. to 8:00 a.m. next day.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on
state and local governments: This measure could result in additional state and local
government court and enforcement costs, and in additional state and local government
revenues from civil and other penalties.
1044. (SA03RF0080)
Compensation for Injured Workers. Eligibility and Benefit
Limits. Initiative Statute.
Summary Date: 02/25/04
Circulation Deadline: 07/26/04 Signatures Required: 373,816
Proponent: Edward J. "Ted" Costa (916) 482-6175
To receive workers' compensation benefits, requires employee to establish, by preponderance of
evidence, that employment activities were predominant as to all causes combined of
specific injury, cumulative injury or occupational disease. Deducts previous permanent
disability awards for prior injury from later permanent disability award. Offset for
worker's injury/illness determined by reasonable medical certainty. Prohibits finding
permanent disability based solely on subjective complaints; requires objective medical
findings. Limits employer's obligation to provide reasonable treatment to relieve
effects of injury. Specifies requirements for claims filed after resignation,
termination or layoff. Summary of estimate by Legislative Analyst and Director of
Finance of fiscal impact on state and local governments: This measure would have the
following major fiscal impact: Unknown, but potentially major annual savings in state and
local governments workers' compensation expenses.
1045. (SA04RF0002)
Compensation for Injured Workers. Limits on Eligibility for Benefits,
Medical Treatment. Initiative Constitutional Amendment and Statute.
Summary Date: 03/05/04
Circulation Deadline: 08/02/04 Signatures Required: 598,105
Proponents: Christopher M. George and Joel Fox, c/o Richard D. Martland
(916) 446-6752
Repeals requirement that workers' compensation laws be interpreted to favor providing
benefits to workers; replaces with impartial/balanced interpretation. Permits injured
employee treatment only by employer-approved physician. Limits right to obtain second
medical opinion. Requires employee to prove employment activities predominantly caused
injury. Limits employer liability for permanent disabilities to percentage caused by
job-related injury. Requires compensation or medical treatment to be based on objective
medical findings. Provides independent review of all medical treatment disputes.
Limits right to sue for disability discrimination. Summary of estimate by Legislative
Analyst and Director of Finance of fiscal impact on state and local governments: Annual
savings - potentially in the hundreds of millions of dollars - in state and local
government workers' compensation expenses.
1048. (SA04RF0007)
Indian Gaming Compacts. Revenue Contributions to State, Local
Governments. Gambling Expansion. Initiative Constitutional Amendment.
Summary Date: 03/16/04
Circulation Deadline: 08/13/04
Signatures Required: 598,105
Proponent: Cheryl Schmit
Authorizes Governor to seek compact amendments requiring: tribal contributions to
state in amount not less than state taxes paid by non-tribal California business
conducting lawful gaming; agreement with affected city/county to make payments in lieu of
local taxes to mitigate off-reservation gaming impacts; and tribal ordinance recognizing
workers' employment rights. If tribe agrees to these provisions, authorizes Governor to
agree to up to two casinos and 3,000 slot machines per tribe. If not, tribes are limited
to current compact terms or 350 slot machines. Summary of estimate by Legislative
Analyst and Director of Finance of fiscal impact on state and local governments: Based
on future negotiations with tribes, potentially significant increase of state and local
gaming revenues. These revenues could be in the high tens of millions of dollars
annually in the foreseeable future.
1049. (SA04RF0006)
Local Government Revenue Sources. Initiative Constitutional
Amendment and Statute.
Summary Date: 03/23/04
Circulation Deadline: 08/20/04
Signatures Required: 598,105
Proponent: John A. Ramirez, (714) 641-5100
Replaces Vehicle License Fee with increased share of property taxes as primary source
of local government revenues. Limits local government's authority to impose sales and
use taxes. Establishes School Assistance Fund for Education in each county, funded by
VLF allocations and additional retail sales and use taxes. Prohibits Legislature from
altering allocations or delaying revenues from local government taxes. Requires state
reimbursement for mandated programs or services by end of fiscal year. Permits local
governments to either continue performance or suspend state mandates if Legislature fails
to make timely appropriation. Summary of estimate by Legislative Analyst and Director of
Finance of fiscal impact on state and local governments: The initiative would have the
following major fiscal effects, the magnitude of which would depend on future actions by
the state and local governments and interpretation of the measure's provisions by the
courts: (1) Annual shift of about $7 billion in VLF and sales taxes from cities and
counties to K-14 districts; offset by a roughly comparable shift of property taxes from
K-14 districts to cities and counties; and (2) Higher and more stable local government
revenues than otherwise would have been the case, potentially several billion dollars
annually. Conversely, significant changes to state finance, potentially including higher
state taxes or lower spending on state programs than otherwise would have been the case.
The state fiscal effect would be commensurate with the measure's impact on local
governments.
1050. (SA04RF0011)
Revenue Sources for Local Governments. Initiative Constitutional
Amendment and Statute.
Summary Date: 04/05/04
Circulation Deadline: 09/02/04
Signatures Required: 598,105
Proponent: John A. Ramirez, (714) 641-5100
Replaces Vehicle License Fee as a source of local government revenues with increased
share of property taxes as primary source of local government revenues. Establishes
School Assistance Fund for Education in each county, funded by VLF allocations and
additional retail sales and use taxes. Prohibits Legislature from altering allocations
or delaying revenues from taxes imposed by local governments. Requires state
reimbursement for mandated programs or services by end of fiscal year. Permits local
governments to either continue performance or suspend state mandates until reimbursed
if Legislature fails to make timely appropriation. Summary of estimate by Legislative
Analyst and Director of Finance of fiscal impact on state and local governments: Annual
shift of about $7 billion in VLFs (vehicle license fees) and sales taxes from cities and
counties to K-14 school districts; offset by a roughly comparable shift of property taxes
from K-14 school districts to cities and counties. Higher and more stable local
government revenues than otherwise would have been the case, potentially several billion
dollars annually. Conversely, significant changes to state finance, potentially
including higher state taxes or lower spending on state programs than otherwise would
have been the case. The state fiscal effect would be commensurate with the measure's
impact on local governments.
1051. (SA04RF0012)
School Vouchers. Initiative Constitutional Amendment.
Summary Date: 04/08/04
Circulation Deadline: 09/07/04
Signatures Required: 598,105
Proponent: Stanley Lee Harper, c/o Dana W. Reed (213) 624-6200
Authorizes state-funded scholarships, for parents of children attending underperforming
public schools only, to enroll children in eligible nonpublic schools. Determines K
through 12 scholarship values at lesser of per pupil state funding for school or district
in which child resides, or actual tuition and fees at eligible nonpublic school.
Requires scholarship-redeeming schools to agree not to compel scholarship students to
profess specific ideology or to worship. Provides scholarship expenditures count toward
minimal constitutional public education funding requirements, but participants not
counted toward public school enrollment. Requires two-thirds vote of Legislature to
amend measure. Summary of estimate by Legislative Analyst and Director of Finance of
fiscal impact on state and local governments: Unknown impact on overall state spending
for K-12 education. State would incur costs potentially over a billion dollars annually
in the long run to provide scholarships to eligible pupils who would otherwise have
attended private schools absent this measure. Per pupil funding for pupils remaining in
public schools likely to grow more slowly over time.
1052. (SA04RF0013)
School Holiday. Children's Human Rights. Initiative Statute.
Summary Date: 04/14/04
Circulation Deadline: 09/13/04 Signatures Required: 373,816
Proponent: Miguel Angel Vega, (909) 889-3147
Creates an annual school holiday dedicated to children. Requires school closure on
holiday with appropriate recognition of student accomplishments. Requires the Governor
to send a message that day to all children in the United States to encourage them to
study or practice a sport. Codifies as California law the Convention on the Rights of
the Child, an international treaty recognizing a variety of civil, political, economical,
social, and cultural rights of children. Summary of estimate by Legislative Analyst and
Director of Finance of fiscal impact on state and local governments: This measure would
have little or no fiscal impact on state and local governments.
1053. (SA04RF0015)
Public Benefits. Eligibility. Payment of Taxes. Initiative
Constitutional Amendment.
Summary Date: 04/14/04
Circulation Deadline: 09/13/04 Signatures Required: 598,105
Proponent: Hector Alvarado, (323) 312-0505
Amends the California Constitution to provide that no person shall be denied a state
or local public benefit if he or she proves payment of at least one local, state or
federal tax and if he or she is otherwise eligible for benefits based on income,
resources, age, and physical disability. Defines "public benefit" broadly to include
education, housing, welfare, health care, developmental services, mental health services,
financial assistance, and various other services provided by local and state government.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on
state and local governments: State and local health and social services costs of several
billion dollars annually. Loss of nonresident tuition revenues of about $400 million per
year and annual Cal Grant costs of about $20 million.
1054. (SA04RF0014)
Personal Income Taxes. Collection. Procedures. Initiative
Statute.
Summary Date: 04/20/04
Circulation Deadline: 09/17/04 Signatures Required: 373,816
Proponent: Thomas Lomax
Changes personal income tax law to permit child support deduction. Before tax lien or
levy is permitted, court must find taxpayer was provided complete information and
Franchise Tax Board cooperated to resolve dispute. Bars increased liability for Board
errors and delays. Prohibits attachments, seizures in excess of judgment amount. Gives
taxpayer right to: installment payments; same auditor throughout audit; receive notices
by registered or certified mail; lien removal 90 days after dispute resolution; records
being kept at office nearest to taxpayer; rules and instructions written at 12th-grade
level; request court-ordered review. Summary of estimate by Legislative Analyst and
Director of Finance of fiscal impact on state and local governments: This measure would
have the following major General Fund fiscal effects: reductions in state revenues from
the deductibility of child support payments in the low tens of millions of dollars
annually; and annual tax administration costs likely in excess of $10 million annually.
1055. (SA04RF0016)
Marriage. Call for National Constitutional Convention.
Initiative Constitutional Amendment.
Summary Date: 05/12/04
Circulation Deadline: 10/12/04 Signatures Required: 598,105
Proponent: Brenda Smart
Amends California Constitution to require that until Congress proposes an amendment to
United States Constitution that either: (a) defines marriage as between a man and a woman;
or (b) ensures each State's right to define marriage, the California Legislature shall,
before passing any new legislation, call for a United States Constitutional Convention.
Requires the Legislature to facilitate California's participation in the Constitutional
Convention. Provides that legislative mandate continues until the described Constitutional
amendment is adopted. Summary of estimate by Legislative Analyst and Director of Finance
of fiscal impact on state and local governments: This measure would have potentially
minor one-time state costs.
1056. (SA04RF0017, Amdt. #1-S)
Population Policy. Legislative Directive. Initiative Statute.
Summary Date: 05/18/04
Circulation Deadline: 10/15/04 Signatures Required: 373,816
Proponent: Franklin L. Banker (916) 962-6019
Declares California is experiencing extreme population crisis that is economically and
environmentally unsustainable. Requires Governor and Legislature to develop comprehensive
population policy that enhances quality of life and preserves the environment. Mandates
this population policy expand access to family planning, encourage small families and
responsible sexual behavior, and stop illegal immigration. Prohibits driver's licenses,
reduced college tuition, or other benefits to illegal immigrants. Instructs California's
congressional delegation to sponsor federal legislation limiting the yearly number of
legal immigrants to the United States to 300,000. Summary of estimate by Legislative
Analyst and Director of finance of fiscal impact on state and local governments: The
measure could have the following major fiscal effects: (1) Program savings to the state
due to reduced expenditures for certain public services. These savings could be in the
low hundreds of millions of dollars annually. (2) Potentially major one-time costs, with
annual costs in the tens of millions of dollars, to verify citizenship or immigration
status of persons receiving benefits.
1057. (SA04RF0018)
Redistricting. Initiative Constitutional Amendment.
Summary Date: 06/04/04
Circulation Deadline: 10/29/04 Signatures Required: 598,105
Proponent: Edward J. "Ted" Costa (916) 482-6175
Amends state constitutional provisions governing redistricting of Congressional,
Senate, Assembly, and Board of Equalization districts. Establishes criteria for drawing
new election district boundaries, following next national census. Provides for
appointment of 3-member panel of retired judges to prepare proposed redistricting plans;
specifies panel selection criteria. Requires panel to consider proposals submitted by
electors and/or legislators, hold public hearings, and submit proposed redistricting plan
to Legislature. Provides process for redistricting plans to be approved by Legislature,
Governor, and/or voters. Authorizes elector challenge to redistricting plan in
California Supreme Court. Summary of estimate by Legislative Analyst and Director of
Finance of fiscal impact on state and local governments: This measure would have the
following major fiscal impact: One-time state redistricting costs, potentially totaling
several million dollars.
1058. (SA04RF0020)
Reapportionment. Initiative Constitutional Amendment.
Summary Date: 07/06/04
Circulation Deadline: 12/03/04 Signatures Required: 598,105
Proponent: Edward J. "Ted" Costa (916) 482-6175
Amends state constitutional provisions governing redistricting of California's
Assembly, Senate, Board of Equalization and Congressional districts. Provides for
three-member panel of retired judges to adopt new redistricting plan if this measure
passes and again after each national census. Panel required to consider legislative
and voter proposals and hold public hearings. Plan becomes effective when unanimously
adopted by judges' panel and filed with Secretary of State; if plan not subsequently
approved by voters, process repeats. Specifies time for judicial review of adopted
redistricting plan; if plan fails to conform to requirements, court may order new plan.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on
state and local governments: One-time state redistricting costs, probably totaling a
few million dollars, with comparable savings for each redistricting effort after 2010
(once every ten years). These costs and savings would be accommodated within the
Legislature's existing spending limit.
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Initiatives pending with the Attorney General
as of July 7, 2004
The list below reflects those proposed measures that have been
submitted to the Attorney General for preparation of the title and
summary that will appear on the initiative petitions. This process
takes approximately 60 days; however, if amendments are submitted
by the proponent the time period is lengthened. When the official
summary is complete, the Attorney General forwards it to the
proponent and to the Secretary of State. The Secretary of State
then provides calendar deadlines to the proponent and to the county
elections officials.
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