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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
button 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
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The full texts of the
initiatives listed on this page are available on the Attorney
General's website at http://www.caag.state.ca.us/initiatives/activeindex.htm.
The complete Ballot
Pamphlets for current and previous elections are online. They include
the full text of the ballot propositions.
University of California Hastings College of the Law maintains a comprehensive,
searchable database of information on California ballot initiatives from 1911 to the
present. The database contains the full text of the initiatives, accompanying material
relating to their filing & qualification, related legal and legislative history, and
digital images of pertinent documents.
To go to the California Ballot Initiatives Database, click the link below:
University of California Hastings College of the Law also maintains a comprehensive,
searchable database of California ballot measures from 1911 to the present. The
Hastings site also offers PDF versions of ballot pamphlets from 1911 to the present.
To go to the California Ballot Propositions Database, click the link below:
Ballot measures that have qualified are
listed below. In addition, you will find a list of initiatives that are currently
circulating for possible placement on the next ballot.
California uses the
direct initiative process, which enables voters to bypass the
Legislature and have an issue of concern put directly on the ballot
for voter approval or rejection. There are two types of initiatives
that can be placed on the ballot: 1) statute revision, which
requires signatures equal to five percent of the total votes cast
for Governor in the preceding gubernatorial election, and 2)
constitutional amendment, which requires signatures equal to
eight percent of the Governor's total vote in the preceding
gubernatorial election.
As new initiatives
enter circulation or qualify for an election ballot, the Secretary
of State's office will issue initiative status updates.
Contact the
Elections Division at (916) 657-2166 for further
information.
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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.
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|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.
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| 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.
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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. (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.
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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.
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