The Attorney General prepares a title and summary of the chief purpose and points of an initiative. Initiatives are cleared for circulation on the day the title and summary is sent to the initiative proponent(s). No petition may be circulated for signatures before it has been cleared to do so by the Attorney General.
1568. (11-0097)
Political Contributions and Expenditures by Corporations. Shareholder Approval. Initiative Statute.
Summary Date: 02/07/12 | Circulation Deadline: 07/06/12 | Signatures Required: 504,760
Proponents: Thomas A. Willis c/o James C. Harrison (510) 346-6200
Prohibits corporations and other business entities from making contributions or expenditures for political activities without shareholders' prior informed approval. Reduces the total amount of any contribution or expenditure approved by the percentage of shares not voted for approval. Defines political activities to include those related to candidates, ballot measures, issue advocacy, political parties, committees, voter registration, or any other political or legislative causes. Imposes criminal penalties for violations against persons spending, consenting to, or receiving prohibited contributions or expenditures. Requires detailed reporting to shareholders. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased annual state enforcement costs of potentially several hundred thousand dollars, partially offset by increased fine revenues. (11-0097) (Full Text)
1567. (11-0092)
Government Spending Limits. Initiative Constitutional Amendment.
Summary Date: 02/07/12 | Circulation Deadline: 07/06/12 | Signatures Required: 807,615
Proponents: Steven S. Lucas and Thomas W. Hiltachk, Attn: Steven S. Lucas (415) 389-6800
Resets state spending limit to fiscal year 2010-11 level. Requires state and local governments spend tax revenue exceeding limit to repay debt when debt is 5% or more of their spending limit. When state debt is less than 5% of state spending limit, splits excess revenue between schools and budget reserves or taxpayer refunds, depending on amount. When local government debt is less than 5% of applicable spending limit, returns excess revenue to taxpayers. Requires constitutional amendment to change terms. Forecloses Legislature's imposition, authorization, or submission to voters of tax increase absent two-thirds vote. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: For state government, a much greater likelihood that spending will be constrained by the constitutional spending limit. Consequently, state spending for ongoing programs—such as schools, community colleges, universities, health and social services, and corrections-may have to be reduced in certain years, potentially by billions of dollars. In addition, the measure could result in more state funding for reduction of bond debt, particularly in the near term, and in the future, more one-time funding for schools and community colleges, budget reserves, and taxpayer refunds. (11-0092) (Full Text)
1566. (11-0095)
Part-Time Legislature. Two-Year State Budget. Initiative Constitutional Amendment.
Summary Date: 02/03/12 | Circulation Deadline: 07/02/12 | Signatures Required: 807,615
Proponents: Shannon Grove, Ted Costa, c/o Mark Abernathy (661) 327-4141
Provides that Legislature shall convene regular sessions for a period of no more than 30 days starting each January and no more than 60 days starting each May, with up to five more days to reconsider bills vetoed by the Governor. Establishes two-year state budget cycle. Devotes regular sessions in odd-numbered years to state budget matters. Devotes regular sessions in even-numbered years to non-state budget matters. Limits special sessions to 15 days. Sets legislators' salary at $1,500 per month and limits employment during and after their terms in office. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Reduction in state legislative expenses for Member salaries, travel and living expenses, and staff costs-potentially in the tens of millions of dollars per year. Actual reduction would depend on future actions of the Legislature and the Governor. Reduced state spending or increased state revenues in some years. Over time, the net fiscal effect of this provision is unknown and would depend on future actions of the Legislature, Governor, State Treasurer, and State Controller. (11-0095) (Full Text)
1565. (11-0091)
Tax to Benefit Public Schools, Social Services, Public Safety, and Road Maintenance. Initiative Statute.
Summary Date: 02/02/12 | Circulation Deadline: 07/02/12 | Signatures Required: 504,760
Proponent: Joshua Pechthalt
Adds 3 percent to personal income tax rate on annual earnings over $1,000,000; adds 5 percent for earnings over $2,000,000. Allocates new revenues as follows: 36 percent for K-12 schools, 24 percent for public colleges and universities, 25 percent for services to children and senior citizens, 10 percent for public safety, and 5 percent for road and bridge maintenance. Provides local governments discretion to decide, subject to financial audits, how to spend new funds, except funds cannot go toward capital outlay or certain administrative costs. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state personal income tax revenues dedicated to public universities, school districts, community college districts, and other local public services. Estimates of the revenue increases vary—for 2012-13, from $6 billion to $9.5 billion and for 2013-14, from $4 billion to $6 billion. These revenues would tend to grow in later years. (11-0091) (Full Text)
1564. (11-0089)
Undocumented Immigrants. State Income Taxes. Initiative Statute.
Summary Date: 02/02/12 | Circulation Deadline: 07/02/12 | Signatures Required: 504,760
Proponents: Felipe Fuentes, John G. Cruz (323) 371-7305
Creates a five-year program to encourage undocumented workers to pay state income taxes. Directs Governor to request that federal authorities not spend resources to apprehend, detain, or deport participants, or to prosecute their employers. Defines eligible participants as those undocumented taxpayers who have filed California tax returns for the most recent year, have been California residents since January 1, 2008, consent to background checks, speak or are learning English, and are not felons, suspected terrorists, public charges, or public employees. Maintains confidentiality of information gathered from participants. Does not provide citizenship or amnesty. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown net change in annual state tax revenues through 2017-18, but probably without a significant impact on overall General Fund revenues. Annual state administrative costs through 2017-18 in the hundreds of thousands or low millions of dollars, supported by required participant fees. (11-0089) (Full Text)
1563. (11-0094)
Undocumented Immigrants. Requires State Law Enforcement Officers to Enforce Federal Immigration Law. Denies Driver's Licenses to Undocumented Immigrants. Initiative Statute.
Summary Date: 01/30/12 | Circulation Deadline: 06/28/12 | Signatures Required: 504,760
Proponents: Ted Hilton, Tirso Del Junco, and Bill Siler
Requires state and local1aw enforcement to comply with direction from federal immigration authorities for holding and transferring undocumented immigrants arrested by law enforcement officials. Requires commitment for law enforcement agencies to perform federal immigration functions. Denies driver's licenses to undocumented immigrants. Prohibits law enforcement from justifying arrests solely because an individual over fifteen was driving without a license. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state and local law enforcement costs, potentially reaching several millions of dollars annually, for detaining persons suspected of being unlawfully present in the U.S. and for complying with an agreement required by this measure between the state and the federal government. Potential unknown savings to state and local governments to the extent that the deportation of unlawfully present criminals prevents them from reentering the criminal justice system. (11-0094) (Full Text)
1562. (11-0085)
Education. Repeals Non-Discrimination Requirements for School Instruction. Initiative Statute.
Summary Date: 01/26/12 | Circulation Deadline: 06/25/12 | Signatures Required: 504,760
Proponent: Richard Rios (714) 333-0303
Repeals requirement that schools prohibit instructional materials that reflect adversely on persons based on their sexual orientation and other characteristics. Repeals requirement that school instructional materials recognize societal contributions of various groups to the economic, political, and social development of California and the United States. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: This measure would not impose additional costs on school districts. (11-0085) (Full Text)
1561. (11-0083)
Education. Repeals Non-Discrimination Requirements for School Instruction. Initiative Statute.
Summary Date: 01/26/12 | Circulation Deadline: 06/25/12 | Signatures Required: 504,760
Proponent: Louis P. Sheldon c/o Paul Rolf Jensen (714) 662-5527
Repeals requirement that schools prohibit instructional materials that reflect adversely on persons based on their sexual orientation and other characteristics. Repeals requirement that school instructional materials recognize societal contributions of various groups to the economic, political, and social development of California and the United States. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: This measure would not impose additional costs on school districts. (11-0083) (Full Text)
1560. (11-0087)
Requires Assessment of Most Commercial Property Every Three Years. Provides Tax Reduction for Homeowners, Renters, and Businesses. Initiative Constitutional Amendment and Statute.
Summary Date: 01/23/12 | Circulation Deadline: 06/21/12 | Signatures Required: 807,615
Proponent: Margaret R. Prinzing, Remcho, Johansen & Purcell, LLP Phone: (510) 346-6200
Changes existing law to require that commercial property be assessed at fair market value at least once every three years. Excludes residential and agricultural property. Increased revenue is subject to Proposition 98, governing education funding. Doubles homeowners' tax exemption and renters' credit. Excludes from taxation the first $1 million in tangible personal property. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Annual state revenue increase of about $4 billion from higher property tax assessments on commercial and industrial property. New revenues used in part to increase state funding for schools and community colleges ($2 billion) and provide tax relief to homeowners and businesses ($1 billion). Annual local government revenue increase of about $450 million from higher property tax assessments on commercial and industrial property. (11-0087) (Full Text)
1559. (11-0086)
Tax to Pay Tuition and Fees at California Public Universities. Initiative Constitutional Amendment and Statute.
Summary Date: 01/23/12 | Circulation Deadline: 06/21/12 | Signatures Required: 807,615
Proponents: Suneal Kolluri suneal@gmail.com Richard Boettner richlizalex@sbcglobal.net Kara Duros karaac@gmail.com
Adds .7 percent to personal income tax rate applied to taxable income over $250,000 (over $342,465 if filing as head of household), and adds 1.7 percent to personal income tax rate applied to taxable income over $500,000 (over $684,930 if filing as head of household). Allocates new revenue to pay up to four years' tuition and fees for full-time undergraduate California residents attending University of California or California State University who maintain minimum 2.7 grade point average or perform 70 hours of annual community service. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Annual loss of state tuition revenue of about $2.8 billion per year beginning in 2013-14, backfilled by additional state personal income tax revenue that is likely to total $2 billion or more per year. Potential shortfalls in university resources in some fiscal years would have to be addressed through some combination of cost reductions and alternative funding sources, which could create pressure on the state General Fund. (11-0086) (Full Text)
1558. (11-0084)
Elimination of California High Speed Rail Authority. Initiative Constitutional Amendment.
Summary Date: 01/23/12 | Circulation Deadline: 06/21/12 | Signatures Required: 807,615
Proponent: Peter Seidel
Eliminates High Speed Rail Authority. Bars the State of California from paying for high speed rail unless the people pass a new constitutional amendment specifically altering this prohibition. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: State debt service savings of up to $650 million annually from not using state bond funds to support highspeed rail. A one-time loss of $3.3 billion in federal funds would reduce somewhat the level of economic activity in the state over the next several years, resulting in some reduction in state and local revenues. (11-0084) (Full Text)
1557. (11-0082)
Limits on Hospital Charges. Initiative Statute.
Summary Date: 01/19/12 | Circulation Deadline: 06/18/12 | Signatures Required: 504,760
Proponents: Fabunimi Sands, Tina McClain, c/o Lance Olson (916) 442-2952
Limits hospital charges to 125 percent of hospital's good faith reasonable estimate of actual cost of service or item provided. Requires hospitals to give refunds when total charges for the year exceed 125 percent of total patient care expenses. Adjusts charge limits as needed to account for hospital's losses from treating uninsured and low-income patients. Requires hospitals to provide new annual patient care expense and revenue reports. Exempts children's hospitals, public hospitals, certain hospitals operated by health care plan providers, and certain nonprofit hospitals considered part of safety-net health system. Authorizes penalties for non-compliance. Fiscal impact: It is the opinion of the Legislative Analyst and Director of Finance that the measure could result in a substantial net change in state or local finances if adopted, given the magnitude of the changes proposed in this measure. (11-0082) (Full Text)
1556. (11-0081)
Nonprofit Hospitals. Required Minimum Charity Care. Initiative Statute.
Summary Date: 01/19/12 | Circulation Deadline: 06/18/12 | Signatures Required: 504,760
Proponents: Nisa L. Walker, Jimi Hardy, c/o Lance Olson (916) 442-2952
Requires nonprofit hospitals to provide free health care to needy patients in amount annually at least 5 percent of their net patient revenues. Exempts hospitals where minimum charity care would result in operating margin less than 1 percent, and hospitals that are part of certain large nonprofit health systems. Requires nonprofit hospitals to give Attorney General annual reports on charity care provided. Authorizes penalties for non compliance, including revocation of tax-exempt status and appointment of Attorney General representative to hospital's board of directors. Makes nonprofit director/officer liability protections inapplicable to enforcement actions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential increased costs to state and local governments, at least in the millions of dollars annually through 2017, associated with potentially increased premiums for government-purchased health insurance. Potential local government savings, at least in the low millions of dollars annually through 2017, from uninsured persons accessing health care services at certain nonprofit hospitals instead of at government-funded, public hospitals. (11-0081) (Full Text)
1555. (11-0078)
Voting Requirement. Polluter Fees. Initiative Constitutional Amendment.
Summary Date: 01/18/12 | Circulation Deadline: 06/18/12 | Signatures Required: 807,615
Proponent: Joseph Caves
Permits the Legislature to pass by majority vote, rather than two-thirds, laws imposing fees, penalties and charges on businesses whose activities pollute the air or water, damage public natural resources or harm public health. Requires the State spend the funds raised under the laws only on mitigation of actual or anticipated impacts, including enforcement costs and costs to reduce or prevent future impacts from the pollution or activity. Requires the amount of any fee, penalty or charge be reasonably related to the costs of mitigation. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential increase in state revenues, likely ranging in the tens of millions of dollars to the low hundreds of millions of dollars annually, depending on future actions of the Legislature. The revenues would be used to increase state spending on mitigation activities. (11-0078) (Full Text)
1554. (12-0001)
Temporary Taxes to Fund Education. Guaranteed Local Public Safety Funding. Initiative Constitutional Amendment.
Summary Date: 01/18/12 | Circulation Deadline: 06/18/12 | Signatures Required: 807,615
Proponent: Edmund G. Brown, Jr. c/o Thomas A. Willis (510) 346-6200
Increases personal income tax on annual earnings over $250,000 for five years. Increases sales and use tax by 1/2 cent for four years. Allocates temporary tax revenues 89 percent to K-12 schools and 11 percent to community colleges. Bars use of funds for administrative costs, but provides local school governing boards discretion to decide, in open meetings and subject to annual audit, how funds are to be spent. Guarantees funding for public safety services realigned from state to local governments. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state revenues over the next five fiscal years. Estimates of the revenue increases vary--for 2012-13, from $4.8 billion to $6.9 billion; for 2013-14 through 2015-16, from $5.5 billion to $6.9 billion on average each year; and for 2016-17, from $3.1 billion to $3.4 billion. These revenues would be available to (1) pay for the state's school and community college funding requirements, as increased by this measure, and (2) address the state's budgetary problem by paying for other spending commitments. Limitation on the state's ability to make changes to the programs and revenues shifted to local governments in 2011, resulting in a more stable fiscal situation for local governments. (12-0001) (Full Text)
1553. (11-0090)
Temporary Taxes to Fund Education. Guaranteed Local Public Safety Funding. Initiative Constitutional Amendment.
Summary Date: 01/18/12 | Circulation Deadline: 06/18/12 | Signatures Required: 807,615
Proponent: Edmund G. Brown, Jr. c/o Thomas A. Willis (510) 346-6200
Increases personal income tax on annual earnings over $250,000 for five years. Increases sales and use tax by 1/2 cent for four years. Allocates temporary tax revenues 89 percent to K-12 schools and 11 percent to community colleges. Bars use of funds for administrative costs, but provides local school governing boards discretion to decide, in open meetings and subject to annual audit, how funds are to be spent. Guarantees funding for public safety services realigned from state to local governments. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state revenues over the next five fiscal years. Estimates of the revenue increases vary--for 2012-13, from $4.8 billion to $6.9 billion; for 2013-14 through 2015-16, from $5.5 billion to $6.9 billion on average each year; and for 2016-17, from $3.1 billion to $3.4 billion. These revenues would be available to (1) pay for the state's school and community college funding requirements, as increased by this measure, and (2) address the state's budgetary problem by paying for other spending commitments. Limitation on the state's ability to make changes to the programs and revenues shifted to local governments in 2011, resulting in a more stable fiscal situation for local governments. (11-0090) (Full Text)
1552. (11-0074)
Education. Repeals Non-Discrimination Requirements for School Instruction. Initiative Statute.
Summary Date: 01/13/12 | Circulation Deadline: 06/11/12 | Signatures Required: 504,760
Proponent: Richard Rios (714) 333-0303
Repeals requirement that schools prohibit instructional materials that reflect adversely on persons based on their sexual orientation. Repeals requirement that school instructional materials recognize societal contributions of lesbian, gay, bisexual, and transgendered individuals to the economic, political, and social development of California and the United States. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: This measure would not impose additional costs on school districts. (11-0074) (Full Text)
1551. (11-0075)
Education. Permits Parents to Excuse Children from Instruction in Social Sciences and Family Life. Initiative Statute.
Summary Date: 01/13/12 | Circulation Deadline: 06/11/12 | Signatures Required: 504,760
Proponent: Richard Rios (714) 333-0340
Allows a parent or guardian to request that a public school excuse their child from instruction in family life or social sciences when such instruction conflicts with the religious training and beliefs or personal moral convictions of the parent or guardian. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Minor school district costs to accommodate students who request to be excluded from certain instruction. (11-0075) (Full Text)
1550. (11-0080)
Tax Treatment for Multistate Businesses. Clean Energy and Energy Efficiency Funding. Initiative Statute.
Summary Date: 01/12/12 | Circulation Deadline: 06/11/12 | Signatures Required: 504,760
Proponent: Joseph Caves
Requires multistate businesses to calculate their California income tax liability based on the percentage of their sales in California. Repeals existing law giving multistate businesses an option to choose a tax liability formula that provides favorable tax treatment for businesses with property and payroll outside California. Dedicates $550 million annually for five years from anticipated increase in revenue for the purpose of funding projects that create energy efficiency and clean energy jobs in California. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Approximately $500 million in additional state General Fund revenues in 2012-13 and $1 billion each year thereafter from requiring a single sales factor formula for corporate taxes, with about half of the additional annual revenues from 2013-14 through 2017-18 supporting energy efficiency and alternative energy projects. Increased Proposition 98 minimum funding guarantee for K-14 schools of roughly $225 million annually from 2012-13 through 2017-18 and by roughly $500 million each year thereafter, as a result of additional state General Fund revenues. (11-0080) (Full Text)
1549. (11-0079)
Voting Requirement. Polluter Fees. Initiative Constitutional Amendment.
Summary Date: 01/12/12 | Circulation Deadline: 06/11/12 | Signatures Required: 807,615
Proponent: Joseph Caves
Permits the Legislature to pass by majority vote, rather than two-thirds, laws imposing fees, penalties and charges on activities that pollute the air or water, damage public natural resources or harm public health. Requires the State spend the funds raised under the laws only on mitigation of actual or anticipated impacts, including enforcement costs and costs to reduce or prevent future impacts from the pollution or activity. Requires the amount of any fee, penalty or charge be reasonably related to the costs of mitigation. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential increase in state revenues, likely ranging in the tens of millions of dollars to the low hundreds of millions of dollars annually, depending on future actions of the Legislature. The revenues would be used to increase state spending on mitigation activities. (11-0079) (Full Text)
1548. (11-0077)
Prohibits Abortions for Females Under 18 Without Parental Notification and Waiting Period. Initiative Constitutional Amendment.
Summary Date: 01/11/12 | Circulation Deadline: 06/11/12 | Signatures Required: 807,615
Proponent: John Smith john.smith.jsjs@gmail.com
Changes California Constitution to prohibit abortion for unemancipated minor until 48 hours after physician notifies her parent/legal guardian in writing. Provides exceptions for medical emergency, parental waiver, or parental abuse documented by notarized statement from law enforcement, protective services, or certain adult relatives. Permits judge to waive notice if minor appears personally in court and proves maturity or waiver is in her best interest. Requires physicians to report specific abortion information to Department of Public Health. Violating physicians subject to suit for 12 years. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential unknown net state costs of several million dollars annually for health and social services programs, court administration, and state health agency administration combined. (11-0077) (Full Text)
1547. (11-0076)
Prohibits Abortions for Females Under 18 Without Parental Notification. Initiative Constitutional Amendment.
Summary Date: 01/11/12 | Circulation Deadline: 06/11/12 | Signatures Required: 807,615
Proponent: John Smith john.smith.jsjs@gmail.com
Changes California Constitution to prohibit abortion for unemancipated minor until physician notifies her parent/legal guardian in writing. Provides exceptions for medical emergency, parental waiver, or parental abuse documented by notarized statement from law enforcement, protective services, or certain adult relatives. Permits judge to waive notice if minor appears personally in court and proves maturity or waiver is in her best interest. Requires physicians to report specific abortion information to Department of Public Health. Physicians can be sued for violating these provisions up to 12 years after abortion. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential unknown net state costs of several million dollars annually for health and social services programs, court administration, and state health agency administration combined. (11-0076) (Full Text)
1546. (11-0064, Amdt. #1S)
Reduces Pension Benefits for Public Employees. Initiative Constitutional Amendment.
Summary Date: 01/09/12 | Circulation Deadline: 06/07/12 | Signatures Required: 807,615
Proponent: Daniel Pellissier danielpellissier@californiapensionreform.com
Reduces pension benefits for current and future public employees, including teachers, nurses, and peace officers, but excluding judges. Eliminates constitutional protections for current and future public employees' vested pension benefits. Creates hybrid pension plan for new employees, capping collective benefits at 75 percent of salary. Limits cost-of-living adjustments for retired and current employees. Prohibits public retirement systems from providing death or disability benefits to future employees. Requires that current employees add up to three percent of their salary to their pension contribution annually, when pension plan is underfunded. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Over the next two or three decades, either increased annual costs or annual savings in state and local government personnel costs, depending on how this measure is interpreted and administered. In the long run (several decades from now), depending on how the Legislature designs the required hybrid retirement plan, potential annual savings in state and local government personnel costs of billions of dollars per year (in current dollars), offset to some extent by increases in other employee compensation costs. (11-0064) (Full Text)
1545. (11-0063, Amdt. #1S)
Reduces Pension Benefits for Public Employees. Initiative Constitutional Amendment.
Summary Date: 01/09/12 | Circulation Deadline: 06/07/12 | Signatures Required: 807,615
Proponent: Daniel Pellissier danielpellissier@californiapensionreform.com
Reduces pension benefits for current and future public employees, including teachers, nurses, and peace officers, but excluding judges. Eliminates constitutional protections for current and future public employees' vested pension benefits. Limits employer contributions toward pensions for new employees. Prohibits defined-benefit pensions for new employees. Limits cost-of-living adjustments for retired and current employees. Prohibits public retirement systems from providing death or disability benefits to future employees. Requires that current employees add up to three percent of their salary to their pension contribution per year, when pension plan is underfunded. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Over the next two or three decades, potentially significant increased annual costs or some savings in state and local government personnel costs, depending on how this measure is interpreted and administered. In the long run (several decades from now), annual savings in state and local government personnel costs of billions of dollars per year (in current dollars), offset to some extent by increases in other employee compensation costs. (11-0063) (Full Text)
1544. (11-0073)
Marijuana Legalization. Initiative Statute.
Summary Date: 01/06/12 | Circulation Deadline: 06/04/12 | Signatures Required: 504,760
Proponent: Michael Jolson and Berton Duzy hemp2012@me.com
Decriminalizes marijuana and hemp use, possession, cultivation, transportation, or distribution. Provides persons arrested or serving time for non-violent marijuana offenses shall be immediately released from prison, jail, parole or probation, and arrest records and convictions for non-violent marijuana offenses shall be erased. Authorizes Legislature to adopt laws to license and tax commercial marijuana sales. Allows doctors to approve or recommend marijuana to patients, regardless of age. Limits testing for marijuana for employment or insurance purposes. Bars state from aiding enforcement of federal marijuana laws. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Savings potentially in the low hundreds of millions of dollars annually to state and local governments on the costs of enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. Potential net additional tax revenues in the low hundreds of millions of dollars annually related to the production and sale of marijuana. (11-0073) (Full Text)
1543. (11-0071)
Genetically Engineered Foods. Mandatory Labeling. Initiative Statute.
Summary Date: 01/05/12 | Circulation Deadline: 06/04/12 | Signatures Required: 504,760
Proponent: James Wheaton c/o Doug Linney (510) 444-4710 x309
Requires labeling on raw or processed food offered for sale to consumers if food or any of its ingredients contain or are made from plants or animals with genetic material that has been changed in specified ways. Exempts foods that are: certified organic; unintentionally produced with genetically engineered material; made from animals fed or injected with genetically engineered material but not genetically engineered themselves; processed with or containing only small amounts of genetically engineered ingredients; administered for treatment of medical conditions; sold for immediate consumption such as in a restaurant; or alcoholic beverages. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state administrative costs, possibly in the several millions of dollars annually, to monitor and enforce the labeling requirements specified in the measure. Potential one-time state capital outlay costs, possibly in the several millions of dollars, for the construction of facilities to test the genetic material of certain food products. Unknown, but potentially significant, costs for the courts, the Attorney General, and district attorneys due to litigation resulting from possible violations to the provisions of this measure. (11-0071) (Full Text)
1542. (11-0072)
Approval of Healthcare Insurance Rate Changes. Initiative Statute.
Summary Date: 01/04/12 | Circulation Deadline: 06/04/12 | Signatures Required: 504,760
Proponent: Jamie Court
Requires health insurance rate changes to be approved by Insurance Commissioner before taking effect. Requires sworn statement by health insurer as to accuracy of information submitted to Insurance Commissioner to justify rate changes. Provides for public notice, disclosure and hearing on health insurance rate changes, and subsequent judicial review. Exempts employer large group health plans, unless requested or rate increase exceeds 10 percent. Prohibits health, auto and homeowners insurers from determining policy eligibility or rates based on lack of prior coverage or credit history. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state administrative costs in the low tens of millions of dollars annually to regulate health insurance rates, funded with revenues collected from filing fees paid by health insurance companies. (11-0072) (Full Text)
1541. (11-0070)
Approval of Healthcare Insurance Rate Changes. Initiative Statute.
Summary Date: 01/03/12 | Circulation Deadline: 06/01/12 | Signatures Required: 504,760
Proponent: Jamie Court
Requires health insurance rate changes to be approved by Insurance Commissioner before taking effect. Requires sworn statement by health insurer as to accuracy of information submitted to Insurance Commissioner to justify rate changes. Provides for public notice, disclosure and hearing on health insurance rate changes, and subsequent judicial review. Does not apply to employer large group health plans. Prohibits health, auto and homeowners insurers from determining policy eligibility or rates based on lack of prior coverage or credit history. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state administrative costs ranging in the low millions to low tens of millions of dollars annually to regulate health insurance rates, funded with revenues collected from filing fees paid by health insurance companies. (11-0070) (Full Text)
1540. (11-0067)
Legislature Expansion. Legislative Process. Initiative Constitutional Amendment.
Summary Date: 01/03/12 | Circulation Deadline: 06/01/12 | Signatures Required: 807,615
Proponent: John Cox (847) 274-8814
Increases size of Legislature almost 100-fold by dividing current Assembly and Senate districts into neighborhood districts such that each Assemblymember represents about 5,000 persons and each Senator represents about 10,000 persons. Provides for neighborhood district representatives to elect working committees the size of the current Assembly and Senate, 80 Assemblymembers and 40 Senators. Gives working committees the legislative power generally, and sole power to amend bills, but requires approval by appropriate vote of the full membership in each house for passage of any non-urgency bill. Reduces legislators' pay and expenditures. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Decreased state spending on the Legislature of over $180 million annually. Increased county election costs, potentially in the range of tens of millions of dollars initially and lower amounts annually thereafter. (11-0067) (Full Text)
1539. (11-0062)
Online K-12 Education. College Preparatory Courses. Initiative Statute.
Summary Date: 01/03/12 | Circulation Deadline: 06/01/12 | Signatures Required: 504,760
Proponent: Phillip D. Kohn (714) 641-3415
Authorizes school districts, county offices of education, and charter schools to claim average daily attendance funding for student participation in approved online courses. Authorizes school districts to contract with public and private providers to deliver online courses taught by credentialed teachers. Allows students to take online courses offered by any school district, regardless of student's residence. Provides students access to courses required for admission to state universities, and establishes the California Diploma, which demonstrates completion of courses required for University of California and California State University admission. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: In the long term, local school district savings potentially in the hundreds of millions of dollars annually if schools experience efficiencies and widespread participation in the use of online courses. These savings would be offset in small part by administrative costs to implement the measure, including local costs for developing online curriculum, contracting with online providers, and ensuring students access to online courses as well as state costs for changing the existing school payment system and issuing California Diplomas to qualifying students. (11-0062) (Full Text)
1538. (11-0061)
State Funding to Local Governments. Criminal Justice. Social Services. Initiative Constitutional Amendment.
Summary Date: 12/30/11 | Circulation Deadline: 5/29/12 | Signatures Required: 807,615
Proponent: Paul McIntosh c/o Nielsen, Merksamer, Parrinello, Gross & Leoni, LLP Attn: Cathy Christian (916) 446-6752
Guarantees local governments their existing statutory allocations of state sales tax and vehicle license fees, to fund government services that were shifted from state to local responsibility in 2011. Continues guarantee as long as local governments have responsibility for shifted services. Prohibits legislation that increases scope of services shifted, unless state provides adequate, ongoing funds to pay for increased costs. Caps state obligation for actual costs of shifted services at amounts of guaranteed allocations. Requires four-fifths vote in Legislature to reduce local law enforcement mandates predating shift. Summary of estimate by Legislative Analyst of fiscal impact on state and local government: Limitation on the state's ability to change 2011 realignment, resulting in a more stable net fiscal situation for local governments. Decrease in Proposition 98 school minimum funding guarantee. Actual impact on school spending would depend on state decisions in balancing its annual budget. Summary of estimate by Director of Finance of fiscal impact on state and local government: Limitation on the state's ability to change 2011 realignment, resulting in a more stable net fiscal situation for local governments. (11-0061) (Full Text)
1537. (11-0068)
State Budget. State and Local Government. Initiative Constitutional Amendment and Statute.
Summary Date: 12/29/11 | Circulation Deadline: 5/29/12 | Signatures Required: 807,615
Proponents: Bruce McPherson and Sunne Wright McPeak c/o Robin B. Johansen and James C. Harrison (510) 346-6200
Establishes two-year state budget cycle. Prohibits Legislature from creating expenditures of more than $25 million unless offsetting revenues or spending cuts are identified. Permits Governor to cut budget unilaterally during declared fiscal emergencies if Legislature fails to act. Requires performance reviews of all state programs. Requires performance goals in state and local budgets. Requires publication of all bills at least three days prior to legislative vote. Gives counties power to alter state statutes or regulations related to spending unless Legislature or state agency vetoes changes within 60 days. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Decreased state revenues and commensurate increased local revenues, probably in the range of about $200 million annually, beginning in 2013-14. Potential decreased state program costs or increased state revenues resulting from changes in the fiscal authority of the Legislature and Governor. Increased state and local costs of tens of millions of dollars annually to implement new budgeting practices. Over time, these costs would moderate and potentially be offset by savings from improved program efficiencies. (11-0068) (Full Text)
1536. (11-0069)
Equal Male/Female Membership of Legislature. Initiative Constitutional Amendment.
Summary Date: 12/28/11 | Circulation Deadline: 5/29/12 | Signatures Required: 807,615
Proponent: B.C. Keith
Requires that each Assembly district and each Senate district have two elected representatives, one male and one female, doubling the number of state legislators. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential increase in county election costs in the range of millions of dollars every two years. (11-0069) (Full Text)
1535. (11-0066)
Elimination of Benefits for Part-Time Local Officials. Initiative Constitutional Amendment.
Summary Date: 12/27/11 | Circulation Deadline: 5/25/12 | Signatures Required: 807,615
Proponent: Peter Fay c/o Thomas W. Hiltachk (916) 442-7757
Prohibits part-time elected or appointed officials of local governments or special districts from receiving pension, retirement, health insurance and other benefits. Limits compensation of part-time local officials to salary, stipend or per diem payment for attending public meetings. Requires a local entity's monetary payments to its part-time officials to be posted on the entity's and State Controller's websites. Prohibits any elected part-time local official from receiving monetary payment for service on any governmental body other than the one to which he or she was elected. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown reductions in local official compensation costs, potentially in the range of tens of millions of dollars annually. (11-0066) (Full Text)
1534. (11-0065)
Undocumented Immigrants. Requires State Law Enforcement Officers to Enforce Federal Immigration Law. Denies Driver's Licenses to Undocumented Immigrants. Initiative Statute.
Summary Date: 12/27/11 | Circulation Deadline: 5/25/12 | Signatures Required: 504,760
Proponents: Tirso Del Junco, Ted Hilton, and Bill Siler voter@taxpayerrevolution.org
Requires state and local law enforcement to comply with direction from federal immigration authorities for holding and transferring undocumented immigrants arrested by law enforcement officials. Requires commitment for law enforcement agencies to perform federal immigration functions. Denies driver's licenses to undocumented immigrants. Prohibits law enforcement from justifying arrests solely because an individual over age fifteen was driving without a license. Provides $35,000,000 annually, for 20 years, to the California Department of Justice for fighting crimes related to transnational gangs. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state costs of $35 million annually from 2013-14 through 2032-33 to provide funding for investigation of transnational gang criminal activity. Increased state and local law enforcement costs, potentially reaching several millions of dollars annually, for detaining persons suspected of being unlawfully present in the U.S. and for complying with an agreement required by this measure between the state and the federal government. (11-0065) (Full Text)
1533. (11-0060)
Health Insurance. Initiative Statute.
Summary Date: 12/27/11 | Circulation Deadline: 5/25/12 | Signatures Required: 504,760
Proponent: John Metz (800) 878-7833
Requires interpretation of insurance policies according to plain meaning of words unless special definition included in policy. Prohibits insurers from reducing policy benefits without prior consent and refund. Requires insurers to provide written reasons for delay, limitation, or denial of benefits and certify determinations are not based on false or misleading information. Voids agreements rewarding providers for denial of covered services. Subjects violators to license suspension, disgorgement, damages, punitive damages, and publication of otherwise confidential business information involved in violation. Authorizes individual enforcement actions on behalf of State. Creates ownership interest in one's own health information. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government, if this measure is interpreted to apply only to health plans and insurers regulated by CD! and DMHC: Likely increase in costs to the state and local governments, at least in the millions of dollars annually, associated with increased premiums for government-purchased health insurance. Likely minor impact on state General Fund revenues from gross premiums and corporate income taxes. Potentially significant increase in state court costs depending on the number of cases filed and how they are adjudicated by the courts. (11-0060) (Full Text)
1532. (11-0059) - AMENDED Summary
Human Trafficking. Penalties. Sex Offender Registration. Initiative Statute.
Summary Date: 12/23/11 | Circulation Deadline: 05/21/12 | Signatures Required: 504,760
Proponent: Daphne Phung c/o James C. Harrison and Kari Krogseng. (510) 346-6200
Increases criminal penalties for human trafficking, including prison sentences up to 15-years-to-life and fines up to $1,500,000. Fines collected to be used for victim services and law enforcement. Requires person convicted of trafficking to register as sex offender. Requires sex offenders to provide information regarding Internet access and identities they use in online activities. Prohibits evidence that victim engaged in sexual conduct from being used against victim in court proceedings. Requires human trafficking training for police officers. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential one-time local government costs of up to a few million dollars on a statewide basis, and lesser additional costs incurred each year, due to the new mandatory training requirements for certain law enforcement officers. Minor increase to state and local governments on the costs of incarcerating and supervising human trafficking offenders. Unknown amount of additional revenue from new criminal fees, likely not to exceed the low millions of dollars annually, which would fund services for human trafficking victims. (11-0059) (Full Text)
1531. (11-0054)
Regulation of Corporations. Initiative Constitutional Amendment.
Summary Date: 12/20/11 | Circulation Deadline: 05/18/12 | Signatures Required: 807,615
Proponent: Thomas Montague Hall (424) 652-4404
Substantially replaces current California law governing corporations, to allow maximum authority over corporations permitted by federal constitution. Declares corporations are not persons or citizens, thereby eliminating corporations' state constitutional protections. Holds officers and directors personally liable for a corporation's intentional acts or crimes. Allows corporations to discriminate to maximum extent permitted by federal constitution, if supported by quantifiable, scientific link to business purpose of corporation or specific decision being made. Strips corporation's non-profit status if more than 30 percent of gross income spent on administrative costs. Alters rules governing corporate income taxes and deductions. Fiscal impact: It is the opinion of the Legislative Analyst and Director of Finance that the measure may result in a substantial net change in state or local finances if adopted. (11-0054) (Full Text)
1530. (11-0057)
Three Strikes Law. Sentencing for Repeat Felony Offenders. Initiative Statute.
Summary Date: 12/15/11 | Circulation Deadline: 05/14/12 | Signatures Required: 504,760
Proponent: David Mills c/o Dan Newman (415) 981-9940
Revises three strikes law to impose life sentence only when new felony conviction is serious or violent. Authorizes re-sentencing for offenders currently serving life sentences if third strike conviction was not serious or violent and judge determines sentence does not pose unreasonable risk to public safety. Continues to impose life sentence penalty if third strike conviction was for certain non-serious, non-violent sex or drug offenses or involved firearm possession. Maintains life sentence penalty for felons with non-serious, non-violent third strike if prior convictions were for rape, murder, or child molestation. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: State savings related to prison and parole operations that potentially range in the high tens of millions of dollars annually in the short run, possibly exceeding $100 million annually in the long run. Increased state and county costs in the millions to low tens of millions of dollars annually in the first few years, likely declining substantially in future years, for state court activities and county jail, community supervision, and court-related activities. (11-0057) (Full Text)
1529. (11-0058)
Reinstates Right of Same-Sex Couples to Marry. Initiative Constitutional Amendment.
Summary Date: 12/15/11 | Circulation Deadline: 05/14/12 | Signatures Required: 807,615
Proponent: Thomas B. Watson
Repeals the current provision in California's Constitution that states only marriage between a man and a woman is valid or recognized in California. Provides that marriage is between only two persons and shall not be restricted on the basis of race, color, national origin, sex, gender, sexual orientation, or religion. Clarifies that the initiative shall not be interpreted to require any priest, minister, pastor, rabbi, or other person to perform a marriage in violation of his or her religious beliefs. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Over the long run, this measure would likely have little fiscal impact on state and local governments. (11-0058) (Full Text)
1528. (11-0056)
Concealed Firearms. Initiative Statute.
Summary Date: 12/14/11 | Circulation Deadline: 05/14/12 | Signatures Required: 504,760
Proponent: David John Clark davidjohnclark1@hotmail.com
Eliminates good cause and good moral character requirements for license to carry concealed firearms. Compels sheriffs and police chiefs to issue licenses to carry concealed firearms to any eligible applicant with no history of mental illness, substance abuse, or domestic violence, who is not currently under criminal investigation or indictment or currently subject of restraining order. Eliminates sheriffs' and police chiefs' option to require applicants complete up to 24 hours of firearms training, and prohibits them from imposing reasonable restrictions or conditions when issuing the firearms license. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state and local expenditures of an unknown amount to process applications for concealed firearms licenses, which would be funded with revenues collected from license application fees. (11-0056) (Full Text)
1527. (11-0051)
State Bank. Tax on California Oil and Gas. Initiative Constitutional Amendment.
Summary Date: 12/07/11 | Circulation Deadline: 05/07/12 | Signatures Required: 807,615
Proponent: Jeffrey L. Heaton
Establishes state bank, initially funded by $200,000,000 General Fund loan. Imposes 15 percent minimum tax on value of oil and gas extracted in California, for state bank capital. Mandates deposit of certain state funds in state bank, and authorizes public and private entities and individuals to establish accounts. State guarantees deposits. Authorizes state bank to borrow money, invest funds, make loans to businesses, organizations, and local governments, and keep earnings. Authorizes state bank to refinance state debt and make zero-interest loans to General Fund to finance operating deficits. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Possible increases in state revenues of $3 billion or more per year initially, which could be used to establish a state bank. Possible, but unknown, decreases in other state and local revenues could result. (11-0051) (Full Text)
1526. (11-0049)
Prohibits Abortions for Females Under 18 Without Parental Notification and Waiting Period. Initiative Constitutional Amendment.
Summary Date: 11/30/11 | Circulation Deadline: 04/30/12 | Signatures Required: 807,615
Proponent: John Smith john.smith.jsjs@gmail.com
Changes California Constitution to prohibit abortion for unemancipated minor until 48 hours after physician notifies her parent/legal guardian in writing. Provides exceptions for medical emergency, parental waiver, or parental abuse documented by notarized statement from law enforcement, protective services, or certain adult relatives. Permits judge to waive notice if minor appears personally in court and proves maturity or waiver is in her best interest. Requires physicians to report specific abortion information to Department of Public Health. Violating physicians subject to suit for 12 years. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential unknown net state costs of several million dollars annually for health and social services programs, court administration, and state health agency administration combined. (11-0049) (Full Text)
1525. (11-0048)
Prohibits Abortions for Females Under 18 Without Parental Notification. Initiative Constitutional Amendment.
Summary Date: 11/30/11 | Circulation Deadline: 04/30/12 | Signatures Required: 807,615
Proponent: John Smith john.smith.jsjs@gmail.com
Changes California Constitution to prohibit abortion for unemancipated minor until physician notifies her parent/legal guardian in writing. Provides exceptions for medical emergency, parental waiver, or parental abuse documented by notarized statement from law enforcement, protective services, or certain adult relatives. Permits judge to waive notice if minor appears personally in court and proves maturity or waiver is in her best interest. Requires physicians to report specific abortion information to Department of Public Health. Physicians can be sued for violating these provisions up to 12 years after abortion. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential unknown net state costs of several million dollars annually for health and social services programs, court administration, and state health agency administration combined. (11-0048) (Full Text)
1524. (11-0046)
Marijuana Legalization. Initiative Statute.
Summary Date: 11/21/11 | Circulation Deadline: 04/19/12 | Signatures Required: 504,760
Proponents: Joe Rogoway, Frank H. Lucido, Pebbles Trippet, William Panzer, and Omar Figueroa (707) 520-4205
Decriminalizes marijuana use, possession, cultivation, transportation, distribution, or sale for adults aged 19 and older. Creates California Cannabis Commission to regulate commercial cultivation, processing, testing, transport, distribution, sale, facilities for on-premises consumption, and smoking in public, but authorizes local governments to permit conduct otherwise prohibited by state law and regulations. Exempts from regulation or taxation up to three pounds of marijuana for personal use. Retains laws prohibiting marijuana-related conduct that contributes to the delinquency of a minor and driving while impaired by marijuana. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: The fiscal effects of this measure are subject to considerable uncertainty depending on the extent to which the federal government continues to enforce federal marijuana laws and depending upon how, and to what extent, the state chooses to regulate the commercial production and sale of marijuana. Savings potentially in the low hundreds of millions of dollars annually to state and local governments on the costs of enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. Costs potentially up to the low tens of millions of dollars annually to the state to regulate the commercial production and sale of marijuana. Potentially hundreds of millions of dollars in net additional tax revenues related to the production and sale of marijuana products. (11-0046) (Full Text)
1523. (11-0045)
Tax on Controlled Substances. Initiative Statute.
Summary Date: 11/21/11 | Circulation Deadline: 04/19/12 | Signatures Required: 504,760
Proponent: Robert Pack (925) 918-0843
For three years beginning January 1, 2013, imposes a tax of $.0025 per pill upon drug manufacturers and importers that make initial sale of a Schedule II, III, or IV controlled substance in California. Provides revenue to fund California Department of Justice's program to monitor prescription and dispensation of controlled substances, administration costs, outreach, education, and investigation of abuses. Requires any person that manufactures Schedule II, III, or IV controlled substances in California, or imports them into California, to register with the California Department of Justice for purposes of tax compliance. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state revenues of approximately $7 million annually from a new tax on prescription drugs. The revenues would be used to increase spending on a prescription drug database maintained by DOJ. (11-0045) (Full Text)
1522. (11-0044)
Tax on California Oil and Natural Gas. Revenues to Education. Initiative Statute.
Summary Date: 11/21/11 | Circulation Deadline: 04/19/12 | Signatures Required: 504,760
Proponents: Peter Mathews and Paul R. Garver (562) 234-3319
Imposes 15 percent tax on value of oil and natural gas extracted in California to supplement education funding, for purposes of reducing class size, reducing tuition, restoring classes cut, providing instructional materials and hiring teachers and professors. Allocates tax revenues as follows: 11 percent to University of California; 14 percent to California State University; 38 percent to community colleges; 37 percent to K-12. Prohibits reduction of existing education-funding levels based on these additional tax revenues. Prohibits passing tax through to consumers by way of higher fuel prices. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state revenues from a new oil and gas severance tax of around $3 billion per year. These revenues would be allocated to education and would likely result in increased state funding of various education programs. (11-0044) (Full Text)
1521. (11-0043)
Elimination of Environmental Protection Laws and Agencies. Initiative Constitutional Amendment and Statute.
Summary Date: 11/21/11 | Circulation Deadline: 04/19/12 | Signatures Required: 807,615
Proponent: Oscar Alejandro Braun
Repeals the California Environmental Quality Act, California Coastal Act, California Endangered Species Act, California Global Warming Solutions Act, and California Sustainable Communities and Climate Protection Act. Abolishes the California Environmental Protection Agency and Air Resources Board. Establishes new inalienable rights to produce, distribute, use, and consume air, carbon dioxide, water, food, habitat for humanity, universal heal thyself care, and energy generating natural resources. Grants Californians the individual right to nullify all federal powers not specifically delegated to the United States by the federal constitution. Fiscal Impact: It is the opinion of the Legislative Analyst and Director of Finance that the measure likely would result in a substantial net change in state or local finances if adopted. (11-0043) (Full Text)
1520. (11-0042)
Nuclear Power. Initiative Statute.
Summary Date: 11/18/11 | Circulation Deadline: 04/16/12 | Signatures Required: 504,760
Proponent: Ben Davis Jr. (916) 833-7894
Extends statutory preconditions, currently applicable to new operation of any nuclear powerplant, to existing Diablo Canyon and San Onofre operations. Before further electricity production at these plants, requires California Energy Commission to find federal government has approved technology for permanent disposal of high-level nuclear waste. For nuclear powerplants requiring reprocessing of fuel rods, requires Commission to find federal government has approved technology for nuclear fuel rod reprocessing plants. Both findings are subject to Legislature's rejection. Further requires Commission to find on case-by-case basis facilities will be available with adequate capacity to reprocess or store powerplant's fuel rods. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Likely major impacts on state and local finances in the near term in the form of decreased revenues and increased costs, potentially in the billions of dollars annually, due to near-term disruptions in the state's electricity system and ongoing electricity price increases. The magnitude of these impacts would depend on the frequency and duration of rolling blackouts. Potential major state costs to compensate utilities for investment losses resulting from the mandated shutdown of their nuclear power plants. Potential avoidance of significant future state and local government costs and lost revenues in the rare event of a major nuclear plant incident. (11-0042) (Full Text)
1519. (11-0041)
Constitutional Definition of a Person. Initiative Constitutional Amendment.
Summary Date: 11/17/11 | Circulation Deadline: 04/16/12 | Signatures Required: 807,615
Proponent: Walter B. Hoye II (510) 225-4056
Defines "person" as including all living human beings from the beginning of their biological development as human organisms, for purposes of state constitutional protections of due process and equal protection. Eliminates state constitutional protections of due process and equal protection for non-biological entities, such as corporations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Costs from the establishment of due process and equal protection rights for zygotes, embryos, and fetuses, potentially in the tens of millions of dollars annually. (11-0041) (Full Text)
1518. (11-0040)
Reduced Marijuana Penalties. Initiative Statute.
Summary Date: 11/07/11 | Circulation Deadline: 04/05/12 | Signatures Required: 504,760
Proponent: Bill Zimmerman (310) 451-2522
Limits punishment to $250 fine or community service for possession, cultivation, sale, or transportation of up to two ounces of marijuana; limits punishment to six months in county jail and/or $500 fine if violator is less than 21. Retains existing penalties for marijuana offenses on school grounds and for offenses involving sale to a minor, employment of minor in criminal marijuana enterprise, or driving under influence of marijuana. Makes property forfeiture laws inapplicable to marijuana offenses involving two ounces or less. Retains laws regarding marijuana in the workplace, driving under influence, and medical marijuana. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown savings to state and local governments on the costs of enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. (11-0040) (Full Text)
1516. (11-0039)
Marijuana Legalization. Initiative Statute.
Summary Date: 10/27/11 | Circulation Deadline: 03/26/12 | Signatures Required: 504,760
Proponents: James P. Gray, William McPike, Stephen Collett, and Steve Kubby (415) 830-6070
Decriminalizes marijuana sales, distribution, possession, use, cultivation, and transportation. Dismisses pending court actions inconsistent with its provisions. Retains laws forbidding use while driving or in workplace. Establishes regulation of commercial marijuana trade to match regulation of wine and beer. Allows noncommercial production up to 24 flowering plants per household, or more with local approval. Authorizes retail sales of marijuana with THC level of .3% or more to persons 21 or older; if less, no age limit. Directs state and local officials to not cooperate with federal enforcement of marijuana laws. Bans development of genetically modified marijuana. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: The fiscal effects of this measure are subject to considerable uncertainty depending on: (1) the extent to which the federal government continues to enforce federal marijuana laws and (2) the specific taxes applied to marijuana. Savings of potentially several tens of millions of dollars annually to state and local governments on the costs of incarcerating and supervising certain marijuana offenders. Potentially hundreds of millions of dollars in net additional tax revenues related to the production and sale of marijuana products. (11-0039) (Full Text)
1515. (11-0038)
Prohibits Abortions for Females Under 18 Without Parental Notification and Waiting Period. Initiative Constitutional Amendment.
Summary Date: 10/25/11 | Circulation Deadline: 03/23/12 | Signatures Required: 807,615
Proponent: John Smith john.smith.jsjs@gmail.com
Changes California Constitution to prohibit abortion for unemancipated minor until 48 hours after physician notifies her parent/legal guardian in writing. Provides exceptions for medical emergency, parental waiver, or parental abuse documented by notarized statement from law enforcement, protective services, or certain adult relatives. Permits judge to waive notice if minor appears personally in court and proves maturity or waiver is in her best interest. Requires physicians to report specific abortion information to Department of Public Health. Violating physicians subject to suit for 12 years. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential unknown net state costs of several million dollars annually for health and social services programs, court administration, and state health agency administration combined. (11-0038) (Full Text)
1514. (11-0037)
Prohibits Abortions for Females Under 18 Without Parental Notification. Initiative Constitutional Amendment.
Summary Date: 10/25/11 | Circulation Deadline: 03/23/12 | Signatures Required: 807,615
Proponent: John Smith john.smith.jsjs@gmail.com
Changes California Constitution to prohibit abortion for unemancipated minor until physician notifies her parent/legal guardian in writing. Provides exceptions for medical emergency, parental waiver, or parental abuse documented by notarized statement from law enforcement, protective services, or certain adult relatives. Permits judge to waive notice if minor appears personally in court and proves maturity or waiver is in her best interest. Requires physicians to report specific abortion information to Department of Public Health. Physicians can be sued for violating these provisions up to 12 years after abortion. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential unknown net state costs of several million dollars annually for health and social services programs, court administration, and state health agency administration combined. (11-0037) (Full Text)
1513. (11-0033, Amdt. #1S)
Tax on California Oil and Natural Gas. Revenues to Education. Initiative Statute.
Summary Date: 10/21/11 | Circulation Deadline: 03/19/12 | Signatures Required: 504,760
Proponent: Philip D. Sales II savecaliforniaseducation@gmail.com
Imposes 10 percent tax on value of oil and natural gas extracted in California to supplement funding for education. Allocates 10 percent of tax revenues to grants for college and vocational students, and remainder to classroom education funding as follows: 10 percent to University of California; 20 percent to California State University; 20 percent to community colleges; and 40 percent to K-12. Prohibits reduction of existing education-funding levels based on these additional tax revenues. Prohibits passing tax through to consumers by way of higher fuel prices. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state revenues from a new oil and gas severance tax of $1.5 billion to $2.5 billion per year. These revenues would be allocated to education and would likely result in increased state funding of various education programs. (11-0033) (Full Text)
1512. (11-0035)
Death Penalty Repeal. Initiative Statute.
Summary Date: 10/20/11 | Circulation Deadline: 03/19/12 | Signatures Required: 504,760
Proponent: Jeanne Woodford c/o James C. Harrison (510) 346-6200
Repeals death penalty as maximum punishment for persons found guilty of murder and replaces it with life imprisonment without possibility of parole. Applies retroactively to persons already sentenced to death. Requires persons found guilty of murder to work while in prison, with their wages to be applied to any victim restitution fines or orders against them. Creates $100 million fund to be distributed to law enforcement agencies to help solve more homicide and rape cases. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Net savings to the state and counties that could amount to the high tens of millions of dollars annually on a statewide basis due to the elimination of the death penalty. One-time state costs totaling $100 million from 2012-13 through 2015-16 to provide funding to local law enforcement agencies. (11-0035) (Full Text)
1509. (11-0032)
State and Local Government Officials. Retirement Benefits. Initiative Statute.
Summary Date: 10/10/11 | Circulation Deadline: 03/08/12 | Signatures Required: 504,760
Proponent: Larry Click
Limits retirement benefits for candidates for office, government officials, and government advisors, to the benefits provided to workers at lowest benefit level in same agency. Limits basis for calculation of such retirement benefits to years of service with government agency in which last served. Applies retroactively to any retirement benefits government officials set for themselves, unless enacted by majority popular vote. Imposes penalties for actions contrary to its terms, including forfeitures and ineligibility for public office. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Possible reductions in state and local pension and retiree health costs. The magnitude of the savings would depend on a variety of legal and implementation uncertainties and would be offset to an unknown extent by increases in other state and local employee compensation costs. (11-0032) (Full Text)
1508. (11-0031)
State and Local Government Officials. Personal Liability. Initiative Statute.
Summary Date: 10/10/11 | Circulation Deadline: 03/08/12 | Signatures Required: 504,760
Proponent: Larry Click
Requires candidates for office, government officials, and government advisors to use personal funds to pay any damages and their own legal expenses arising from claims of unscrupulous behavior. Defines unscrupulous behavior to include negligence, ethics violations, direction to subordinates that is contrary to or expands beyond existing law, breach of contract, and unfulfilled campaign promises. Imposes penalties for unscrupulous behavior, or for improper use of public funds to defend against claims of unscrupulous behavior, including imprisonment, fines, forfeiture, punitive damages, nullification of unscrupulous acts, and ineligibility for public office. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential increase in state and local government costs in the range of millions of dollars annually. (11-0031) (Full Text)
1507. (11-0030)
Gifts to State and Local Government Officials. Disqualification. Initiative Statute.
Summary Date: 10/10/11 | Circulation Deadline: 03/08/12 | Signatures Required: 504,760
Proponent: Larry Click
Prohibits candidates for office, government officials, judges, arbitrators, and government advisors from voting on, deciding, or influencing any matter of government business that would disproportionately benefit themselves or any individual or entity that has given them an excessive contribution. Defines excessive contribution as any amount exceeding a 40-hour week's pay at federal minimum wage. Creates new state agencies to monitor compliance and impose penalties, including vote nullification, forfeiture of contributions, salary, and retirement and other benefits, and ineligibility for public office, and to distribute seized assets among registered voters. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state or local government costs to administer two new oversight agencies, potentially totaling $700 million annually. Potential additional fiscal effects depending on how the provisions of the measure are interpreted by the courts and implemented. (11-0030) (Full Text)
1506. (11-0029)
State and Local Legislation and Policies. Initiative Statute.
Summary Date: 10/10/11 | Circulation Deadline: 03/08/12 | Signatures Required: 504,760
Proponent: Larry Click
Prohibits candidates for office, government officials, and government advisors from giving themselves exemptions from legislation they pass or policy decisions they make, and from giving themselves special benefits by legislation or policy decision. Applies retroactively to all legislation not enacted by majority popular vote. Creates new state agency to monitor proposed laws and policies for compliance and to enforce penalties, including imprisonment, fines, forfeiture, and ineligibility for public office. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state or local government costs to administer a new oversight agency, potentially in the tens of millions of dollars annually. (11-0029) (Full Text)
1505. (11-0027)
State and Local Government Purchasing. Made in United States. Initiative Statute.
Summary Date: 09/29/11 | Circulation Deadline: 02/27/12 | Signatures Required: 504,760
Proponents: Jim Gonzalez, Bill Zimmerman, and John Thiella c/o Jim Gonazalez (916) 449-6190
Amends existing state law, previously held unconstitutional, that required state and local governments to use only products made in the United States. Eliminates exceptions for materials that are not generally produced in the United States, for medical and scientific equipment, for sewing machines, for printing presses, and for office machines and supplies. Creates new limited exceptions for some foreign materials, including where restriction prohibited by federal law, for spare parts for existing equipment, and for literature, artwork, and historical artifacts. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state and local government costs to purchase goods and materials, potentially in the range of hundreds of millions of dollars annually. (11-0027) (Full Text)
1504. (11-0026)
Reduces Pension Benefits for Public Employees. Creates a New State Retirement System for Private Sector Employees. Initiative Statute.
Summary Date: 09/13/11 | Circulation Deadline: 02/10/12 | Signatures Required: 504,760
Proponents: Edward J. (Ted) Costa, Robert J. Matteoli (916) 482-6175
Reduces pension benefits for current and future public employees, including teachers, nurses, and peace officers. For two years, and beyond if system pension obligations are underfunded, changes the minimum retirement age and further reduces annual pension amount received. Restricts the availability of defined contribution plans including 401(k) plans for public employees. Creates a new state retirement system for private sector employees. Requires audits of pension systems. Caps base pay for new employees and employees in underfunded systems. Fiscal Impact: It is the opinion of the Legislative Analyst and Director of Finance that the measure could result in a substantial net change in state or local finances if adopted, given the magnitude of the changes proposed in this measure. (11-0026) (Full Text)
1502. (11-0022)
Increases Retirement Age for Teachers, Peace Officers, and Other Public Employees. Initiative Constitutional Amendment.
Summary Date: 09/06/11 | Circulation Deadline: 02/03/12 | Signatures Required: 807,615
Proponent: Alan Oliver Ebenstein c/o Lanny Ebenstein (805) 682-9815
Increases the minimum retirement age to 65 (or 58 for sworn public safety officers) for members of the California Public Employees' Retirement System and the California State Teachers' Retirement System, including for teachers, nurses, police officers, firefighters, and other public employees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: In the long run, possible reductions in state and local pension and retiree health costs. The magnitude of the savings would depend on a variety of legal, implementation, and behavioral uncertainties and would be offset to an unknown extent by increases in other state and local employee compensation costs. (11-0022.) (Full Text)
1501. (11-0021)
Increases Income Taxes on Teachers, Nurses, Police Officers, Firefighters, and Other Public Employees for Pension Income. Initiative Constitutional Amendment.
Summary Date: 09/06/11 | Circulation Deadline: 02/03/12 | Signatures Required: 807,615
Proponent: Alan Oliver Ebenstein c/o Lanny Ebenstein (805) 682-9815
Increases income tax rate by 15% for annual pension income between $100,000 and $149,999, and 25% for annual pension income over $150,000, on income received by teachers, nurses, police officers, firefighters, and other public employees from the California Public Employees' Retirement System and the California State Teachers' Retirement System. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Possible increase in state revenues from a new tax on certain public employee pensions. Over the long run, these revenue gains would be offset by decreases in other state and local revenues and increases in some state and local costs. (11-0021.) (Full Text)
1500. (11-0020)
Eliminates Collective Bargaining Rights for Teachers, Nurses, Police Officers, Firefighters, and Other Public Employees.
Summary Date: 09/06/11 | Circulation Deadline: 02/03/12 | Signatures Required: 807,615
Proponent: Alan Oliver Ebenstein c/o Lanny Ebenstein (805) 682-9815
Eliminates collective bargaining rights for teachers, nurses, police officers, firefighters, and other public employees. Prohibits state and local public agencies from recognizing any labor union or other employee association as a bargaining agent of any public employee. Prohibits state and local public agencies from collectively bargaining with public employee unions or employee associations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential state and local government employee compensation savings. The amount of savings would depend on future compensation decisions by state and local governments. (11-0020.) (Full Text)
