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.

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 fund 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.

1059. (SA04RF0021)

Frivolous Court Filings. Payment of Legal Costs. State Bar Notice. Initiative Statute.
Summary Date: 07/08/04 Circulation Deadline: 12/06/04 Signatures Required: 373,816

Proponent: Robert McCracken (626) 919-8290

Requires losing party and lawyer in frivolous civil lawsuit, as defined, to pay legal costs of prevailing party. Judge required to give written explanation for dismissing or continuing case when party claims opponent's court filing is frivolous, and to notify State Bar if judge sanctions attorney or law firm for frivolous filing, with cost of notification paid by sanctioned attorney or firm. State Bar must recommend discipline if three sanction notices received against same attorney or law firm within five year period. Measure inapplicable to small claims actions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would result in an unknown, but probably minor absorbable cost to the state.

1060. (SA04RF0019, Amdt. #2-NS)

Parental Notification and Waiting Period Before Termination of Minor's Pregnancy. Initiative Constitutional Amendment.
Summary Date: 07/12/04 Circulation Deadline: 12/09/04 Signatures Required: 598,105

Proponents: Paul E. Laubacher and Barbara R. Laubacher (916) 381-5222

Amends California Constitution to prevent an abortion on unemancipated minor until 48 hours after physician notifies minor's parent or legal guardian, except in medical emergency or with parental waiver of notice. Permits judicial waiver of notice based on minor's best interests or clear and convincing evidence of minor's maturity. Authorizes monetary damages and attorney's fees for violation. Physician must report abortions on minors; State shall compile statistics. Minor must consent to abortion except in medical emergency, and minor may apply to juvenile court for relief from coercion. 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.

1061. (SA04RF0022)

California Petroleum Commission. Initiative Statute.
Summary Date: 07/14/04 Circulation Deadline: 12/13/04 Signatures Required: 373,816

Proponent: Celes King (323) 841-1440

Creates seven-member Commission to regulate privately owned petroleum companies, whether publicly traded or privately held. Three commissioners appointed by Governor; remainder elected. Commission shall: establish maximum rates for petroleum fuels sold in California; license petroleum producers/facilities; set license fee; determine need for additional facilities and may order their construction as condition of license renewal; determine whether petroleum facilities may be abandoned/sold; limit cumulative profits of producers/facilities to 5% above costs; promote use of petroleum alternatives; provide consumer complaint forum; adopt regulations; establish/collect civil penalties; refer criminal violations to district attorneys. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure could potentially result in annual state costs of up to $40 million for regulatory activities of the Commission, partially offset by fee revenues; its net fiscal impact on state and local revenues is unknown, but could result in reductions in these revenues if regulations cause decreases in producers' profits and investment and economic activity generally, with reductions potentially offset by revenue increases resulting from increased economic activity generated by lower retail petroleum prices to consumers.

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.

Attorney General # Due Date to Secretary of State	Subject	Proponent(s)
SA04RF0023 - 08/05/04	" Civil Rights for Families"	Tony Andrade
SA04RF0024 - 09/01/04	" Parental Notification Prior to Termination of Minor's Pregnancy"	Paul E. Laubacher, R.N. Barbara R. Laubacher, R.N.

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