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2005 Initiative Update



Initiative Update as of September 8, 2005

Changes since the last update:
  • 1152. (SA2005RF0090) Identity Theft. Criminal Gang Activity. Forensic Computer Analysis Fund. Initiative Statute. ADDED to Initiatives in Circulation.

  • 1153. (SA2005RF0091) Casino-Style Gaming District. Initiative Constitutional Amendment. ADDED to Initiatives in Circulation.

  • SA2005RF0097 "The Emergency Services and Tobacco Tax Act of 2006" ADDED to Initiatives Pending at the Attorney General's Office.

Changes since the September 1, 2005 update are marked with the Newbutton below. Past Updates:

  09/01/05   08/15/05   08/08/05   08/05/05   07/27/05   07/25/05   07/22/05   07/18/05   07/14/05

Qualified for 2005 Special: 8 Initiatives qualified for the November 8, 2005, Special Statewide Election ballot
Qualified for 2006 Primary: 1 Proposition qualified for the June 6, 2006, Primary Election ballot
Qualified for 2006 General: 1 Proposition qualified for the November 7, 2006, General Election ballot
Pending: 0 Initiatives pending signature verification
Circulating: 17 Initiatives in circulation
Attorney General: 6 Initiatives pending at the Attorney General's Office

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)


Top|Qualified for 2005 Special |Qualified for 2006 Primary| Qualified for 2006 General|Pending|Circulating| Attorney General

Initiatives Qualified for the
November 8, 2005, Special Statewide Election Ballot


Initiative Constitutional Amendment    
Proposition 73

Waiting Period and Parental Notification Before Termination of Minor's Pregnancy. Initiative Constitutional Amendment.

Initiative Statute    
Proposition 74
Public School Teachers. Waiting Period for Permanent Status. Dismissal. Initiative Statute.

Initiative Statute    
Proposition 75

Public Employee Union Dues. Restrictions on Political Contributions. Employee Consent Requirement. Initiative Statute.

Initiative Constitutional Amendment    
Proposition 76

State Spending and School Funding Limits. Initiative Constitutional Amendment.

Initiative Constitutional Amendment    
Proposition 77 - Court Order

Redistricting. Initiative Constitutional Amendment.

Initiative Statute    
Proposition 78

Discounts on Prescription Drugs. Initiative Statute.

Initiative Statute    
Proposition 79

Prescription Drug Discounts. State-Negotiated Rebates. Initiative Statute.

Proposition 80 - Court Order

Electric Service Providers. Regulation. Initiative Statute.


Top|Qualified for 2005 Special |Qualified for 2006 Primary| Qualified for 2006 General|Pending|Circulating| Attorney General

Propositions that are on the
June 6, 2006, Primary Election Ballot

Bond Measure    
SB 1161 (Chapter 698, 2004). Alpert.

California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2006.


Top|Qualified for 2005 Special | Qualified for 2006 Primary| 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 2005 Special | Qualified for 2006 Primary| Qualified for 2006 General|Pending|Circulating| Attorney General

Initiatives Pending Signature Verification

None


Top|Qualified for 2005 Special | Qualified for 2006 Primary| Qualified for 2006 General|Pending|Circulating| Attorney General

Initiatives in Circulation
as of September 8, 2005

1137. State Court Orders...    
1138. Elections...    
1139. Definition of Fees...    
1140. State Holidays...    
1141. State Payments...    
1142. California Border...    
1143. Fees/Charges...    
1144. Vote Requirement...    
1145. Marriage. Elimination of...    
1146. Marriage. Invalidation of...    
1147. Marriage. Exclusive Legal...    
1148. Political Contributions and...    
1149. Wealth Tax.....    
1150. Alcohol Beverage Surtax...    
1151. Public Preschool Education...    
1152. Identity Theft.....    
1153. Casino-Style Gaming....    

1137. (SA2005RF0071)

State Court Orders and Judgments. Publication of Appellate Decisions. Initiative Constitutional Amendment.
Summary Date: 05/12/05 Circulation Deadline: 10/11/05 Signatures Required: 598,105

Proponent: Melvin D. Phillips (818) 222-1348

Provides that if any fact supporting a state court order or judgment is shown to be false at any future time, the court must vacate the order or judgment. Prohibits the judge who vacates the order or judgment from making any other order in the case. Provides that orders and judgments are not final until consistent with published law. Requires that all California Court of Appeal and California Supreme Court decisions be published, and that any such decisions that change the law shall only have prospective application. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown court-related costs exceeding $10 million annually to the state and potentially in the millions of dollars on a statewide basis to local government.

1138. (SA2005RF0073)

Elections. Electronic Voting Machines. Initiative Constitutional Amendment.
Summary Date: 06/06/05 Circulation Deadline: 11/03/05 Signatures Required: 598,105

Proponent: Hank Ramey

Prohibits electronic voting in any election, except in counties already operating electronic voting machines if machines generate voting receipts, the software source code is a public record, and local election officials regularly count 10% of paper record. Requires all votes be hand- counted by registered voters summoned for elections duty like jurors. Allows paroled felons to vote. Prohibits peace officers from preventing voters from voting absent suspicion a crime will be committed. Permits voter registration until election day; expands polling hours. Bans restrictions on mail voting. Reduces maximum precinct size to 400 voters. 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: Increased local government costs to administer elections, potentially totaling in the tens of millions of dollars annually.

1139. (SA2005RF0075)

Definition of Fees, Charges, Taxes. Vote Requirements. Initiative Constitutional Amendment.
Summary Date: 07/08/05 Circulation Deadline: 12/05/05 Signatures Required: 598,105

Proponents: Allan S. Zaremberg and Jack M. Stewart c/o Kathy Donovan (916) 329-4700

Redefines certain local fees or charges as taxes, which require approval by the electorate, and redefines certain state fees or charges as state taxes, which require enactment by a two-thirds vote of the Legislature rather than majority vote. Requires two-thirds vote of Legislature for any statutory change that results in any taxpayer paying a higher tax. Provides that any state or local tax, fee, or charge adopted after January 1, 2006, which was not adopted in compliance with this measure, is void 12 months after the effective date of this measure. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potentially significant decrease in state and local revenues from certain fees or charges, depending upon future actions of the Legislature, local governing bodies, and local electorates.

1140. (SA2005RF0076, Amdt. #1-NS)

State Holidays. Statewide General Elections. Initiative Statute.
Summary Date: 07/08/05 Circulation Deadline: 12/05/05 Signatures Required: 373,816

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 subdivisions. 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.

1141. (SA2005RF0078, Amdt. #1-NS)

State Payments to Parents of Public School Children. Standardized Testing. Initiative Statute.
Summary Date: 07/14/05 Circulation Deadline: 12/12/05 Signatures Required: 373,816

Proponent: Billie Jo Aldrich-Fallert (559) 967-1158

Amends state law to require that a grant of $1,000.00 be awarded to the parent or guardian of each public school student in grades 2 through 11 with a score of proficient or higher on all portions of the California Standards Test administered pursuant to California's Standardized Testing and Reporting (STAR) Program. Provides that California's Superintendent of Public Instruction shall determine qualifying scores for grant purposes, and provides for an annual appropriation from the General Fund to the Superintendent of Public Instruction to fund the required payments. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Annual state costs in the hundreds of millions of dollars to over $1 billion to provide grants to families of students performing well on standardized tests.

1142. (SA2005RF0079)

California Border Police. Immigration. Initiative Constitutional Amendment and Statute.
Summary Date: 07/15/05 Circulation Deadline: 12/12/05 Signatures Required: 598,105

Proponent: Ray Haynes c/o Dave Gilliard (916) 444-1502

Amends California Constitution to declare that illegal immigration poses imminent danger. Establishes California Border Police to arrest and hold suspects and notify federal authorities. Authorizes arrest without warrant based on probable cause of violation of federal immigration law. Authorizes state to agree with federal government for Border Police to enforce federal immigration laws. Requires Legislature to appropriate funds for Border Police, authorizes Governor to make supplemental appropriations in emergency. Requires state to seek reimbursement from federal government. Authorizes new detention facilities. 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.

1143. (SA2005RF0080)

Fees/Charges. Taxes. Vote Requirement. Initiative Constitutional Amendment.
Summary Date: 07/15/05 Circulation Deadline: 12/12/05 Signatures Required: 598,105

Proponent: Albert P. Lundeen (916) 774-9750

Redefines certain local fees or charges as taxes, which require approval by the electorate. Redefines certain state fees or charges as state taxes, requiring enactment by a two-thirds vote of the Legislature rather than current, majority vote. Requires two-thirds vote of Legislature for any statutory change that results in any taxpayer paying a higher tax. Provides that any state or local tax, fee, or charge adopted after January 1, 2006, which was not adopted in compliance with this measure, is void 12 months after the effective date of this measure. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potentially significant decrease in state and local revenues from certain fees or charges, depending upon future actions of the Legislature, local governing bodies, and local electorates.

1144. (SA2005RF0081)

Vote Requirement. Taxes. Redefinition of Fees/Charges. Initiative Constitutional Amendment.
Summary Date: 07/15/05 Circulation Deadline: 12/12/05 Signatures Required: 598,105

Proponents: Jack M. Stewart and Allan S. Zaremberg c/o Kathy Donovan (916) 329-4700

Redefines certain local fees or charges as taxes, which require approval by the electorate. Redefines certain state fees or charges as state taxes, requiring enactment by a two-thirds vote of the Legislature rather than current, majority vote. Requires two-thirds vote of Legislature for any statutory change that results in any taxpayer paying a higher tax. Provides that any state or local tax, fee, or charge adopted after January 1, 2006, which was not adopted in compliance with this measure, is void 12 months after the effective date of this measure. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potentially significant decrease in state and local revenues from certain fees or charges, depending upon future actions of the Legislature, local governing bodies, and local electorates.

1145. (SA2005RF0077, Amdt. #2-NS)

Marriage. Elimination of Domestic Partnership Rights. Initiative Constitutional Amendment.
Summary Date: 07/25/05 Circulation Deadline: 12/22/05 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 and restricts registered domestic partner rights and obligations, for certain same-sex and heterosexual couples, in areas such as: ownership and transfer of property, inheritance, adoption, medical decisions, child custody and child support, health and death benefits, insurance benefits, hospital visitation, employment benefits, and recovery for wrongful death and other tort remedies. 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.

1146. (SA2005RF0082)

Marriage. Invalidation of Domestic Partnerships. Initiative Constitutional Amendment.
Summary Date: 07/27/05 Circulation Deadline: 12/27/05 Signatures Required: 598,105

Proponents: Gail Knight, Natalie R. Williams, Mark A. Jansson, and Philip W. Kell, c/o Andrew Pugno (916) 608-3065

Amends the 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. Amendment bars domestic partnerships from being valid or recognized as legal unions in California. 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.

1147. (SA2005RF0083)

Marriage. Exclusive Legal Status for Married Spouses. Initiative Constitutional Amendment.
Summary Date: 07/27/05 Circulation Deadline: 12/27/05 Signatures Required: 598,105

Proponents: Gail Knight, Natalie R. Williams, Mark A. Jansson, and Philip W. Kell, c/o Andrew Pugno (916) 608-3065

Amends the California Constitution to provide that only a man and a woman in a lawful marriage shall have the legal status of married spouses in California. Makes same-sex marriage unconstitutional. 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.

1148. (SA2005RF0085)

Political Contributions and Expenditures by Corporations. Shareholder Consent Requirements. Limits and Penalties. Initiative Statute.
Summary Date: 08/02/05 Circulation Deadline: 12/30/05 Signatures Required: 373,816

Proponents: 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 the 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.

1149. (SA2005RF0086, Amdt. #1-S)

Wealth Tax. Tax Rates and Credits. Initiative Statute.
Summary Date: 08/05/05 Circulation Deadline: 01/03/06 Signatures Required: 373,816

Proponents: Paul McCauley (818) 788-5919

Imposes one-time 46% tax on persons with property worth more than $40 million as of January 1, 2006, and who were California residents for at least five years as of July 1, 2005. Adds 6% to income tax for high-income taxpayers. Reduces corporate income tax rate by more than half. Eliminates alternative minimum tax, gift tax, and certain tax credits, such as those for head of household and dependents. Creates or increases tax credits, such as for teacher pay, public college tuition and health insurance costs. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: One-time increase in state revenues potentially exceeding $100 billion from imposition of a wealth tax. A portion of this revenue would be required to be allocated to schools with the remainder used for other state spending or tax rebates. Ongoing revenue loss potentially in excess of $10 billion annually.

1150. (SA2005RF0087)

Alcohol Beverage Surtax. Sex Crime Penalties. Victim Assistance. Initiative Statute.
Summary Date: 08/08/05 Circulation Deadline: 01/05/06 Signatures Required: 373,816

Proponents: Mervin Evans (323) 419-6294

Imposes 25 cent surtax on each alcoholic beverage serving or container. Directs proceeds into trust fund administered by the Attorney General to support sex crime victims, law enforcement training, program administration and grants for local law enforcement, prosecutors and child social services. Increases penalties for specified sex crimes to 50 years in prison without possibility of parole where the victim is a minor and 25 years in prison without possibility of parole where the victim is an adult female. Requires individualized bail determinations for certain crimes. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased state revenues from a new alcoholic beverage tax of approximately $2 billion annually, and comparatively modest other state and local revenue effects. Increased prison costs by mid-century of about $1.5 billion annually for state operations and about $3 billion for capital outlay. Increased tax administration costs potentially ranging up to several million dollars annually.

1151. (SA2005RF0088)

Public Preschool Education. Tax Increase on Incomes Over $400,000 for Individuals; $800,000 for Couples. Initiative Constitutional Amendment and Statute.
Summary Date: 08/15/05 Circulation Deadline: 01/12/06 Signatures Required: 598,105

Proponents: James C. Harrison and Roberta B. Johansen (510) 346-6200

Establishes right to voluntary public preschool for all four-year old children, administered by state Superintendent of Public Instruction and county school superintendents. Funded by 1.7% tax on individual income above $400,000 annually; $800,000 for couples. Directs counties to prepare five-year assessments and annual reports regarding voluntary preschool curriculum, outreach, facilities, childcare coordination, teacher recruitment/ pay, and budgeting. Limits administrative expenses, and requires audits of county programs. Requires state Superintendent to develop preschool teaching credential with financial aid for teachers. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased personal income taxes on high-income earners beginning in 2007, with revenues reaching approximately $2.4 billion annually in 2010-11. Revenues would support an entitlement to one year of preschool for four-year olds beginning in 2010-11. Revenues in the early years of the program could be used for facilities, teacher training, student financial aid, and early implementation of preschool services.

1152. (SA2005RF0090)

Identity Theft. Criminal Gang Activity. Forensic Computer Analysis Fund. Initiative Statute.
Summary Date: 09/06/05 Circulation Deadline: 02/03/06 Signatures Required: 373,816

Proponent: Charles S. Poochigian (916) 648-1031

Increases criminal penalties for persons convicted of specified identity theft crimes. Adds identity theft and crimes involving personal identification cards 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. Expands venue in identity theft prosecutions to include county where victim resided at time of offense, and limits availability of probation. Creates forensic computer analysis 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 children, seniors, dependent adults, or in association with criminal gang activity, and the ability of convicted offenders to pay the increased fines and fees proposed by the measure.

1153. (SA2005RF0091)

Casino-Style Gaming District. Initiative Constitutional Amendment.
Summary Date: 09/07/05 Circulation Deadline: 02/06/06 Signatures Required: 598,105

Proponent: David K. Johnson

Requires State to purchase, through eminent domain, 25 to 50 square miles of undeveloped land in San Bernardino County for casino-style gaming District, not to be part of county; instead, District controlled by District citizens. Requires District land to be sold to highest bidders. Prohibits state/local taxes or recurring fees on gaming operations within District. Provides that investment fees, casino profits pay for public programs. Establishes tracking system to prevent individual Californians from spending more than 10% of annual income on gaming. Voids provisions in existing tribal-State compacts requiring payments to State. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potential major costs and revenues from the operation of a special gaming district - unknown net impact.


Top|Qualified for 2005 Special | Qualified for 2006 Primary| Qualified for 2006 General|Pending|Circulating| Attorney General

Initiatives Pending with the Attorney General
as of September 8, 2005

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)
SA2005RF0092 - 09/19/05
The Sexual Predator Punishment and Control Act: Jessica's Law Richard Gann, George Runner, Sharon Runner
SA2005RF0093 - 09/26/05
The California Marriage Protection Act Gail Knight, Natalie R. Williams, Mark A. Jansson
SA2005RF0094 - 10/06/05
Shared Parenting Ballot Initiative John Russell
SA2005RF0095 - 10/12/05
Hippocratic Oath - Taxation Elimination Medical Compensation, Uninsured Healthcare Coverage, Healthcare Cost Reduction David K. Johnson
SA2005RF0096 - 10/14/05
The McCauley-Rooker Tax Equity and Fiscal Responsbility Act Paul McCauley
New SA2005RF0097 - 10/26/05
The Emergency Services and Tobacco Tax Act of 2006 Dorel Harms, RN New SA2005RF0098 - 11/01/05
Tobacco Tax and Disease Prevention Act of 2006 Charles G. Smith New SA2005RF0099 - 11/04/05
The Illegal Immigration Reform Act Mark Wylan


Top|Qualified for 2005 Special | Qualified for 2006 Primary| Qualified for 2006 General|Pending|Circulating| Attorney General




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