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 2004 Initiative Update
Initiative Update as of February 20, 2004
Changes since the last
update:
- 1036. (SA03RF0064, Amdt. #1-S)
Minor's Pregnancy. Waiting Period and Parental Notification or Waiver Before Abortion.
Initiative Constitutional Amendment.
ADDED to Initiatives in Circulation.
- 1013. (SA03RF0045)
Recall Signature Requirements. Initiative Constitutional Amendment.
WITHDRAWN from Circulation.
- (SA2004RF0011) Local Government Property Tax Protection Act
ADDED to Initiatives Pending with the Attorney General.
- (SA2004RF0012) California Scholarship Opportunity Act
ADDED to Initiatives Pending with the Attorney General.
Changes since the February 13, 2004 update
are marked with the
button below.
Past
Updates:
02/13/04
02/06/04
02/03/04
01/23/04
01/15/04
01/08/04
01/05/04
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| Circulating: |
34
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Initiatives in circulation |
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4 |
Propositions qualified for the March 2, 2004,
Primary Election ballot |
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2 |
Proposition qualified for the November 2, 2004,
General Election ballot |
| Attorney
General: |
14 |
Initiatives pending at the Attorney General's
Office |
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The full texts of the
initiatives listed on this page are available on the Attorney
General's website at http://www.caag.state.ca.us/initiatives/activeindex.htm.
The complete Ballot
Pamphlets for current and previous elections are online. They include
the full text of the ballot propositions.
University of California Hastings College of the Law maintains a comprehensive,
searchable database of information on California ballot initiatives from 1911 to the
present. The database contains the full text of the initiatives, accompanying material
relating to their filing & qualification, related legal and legislative history, and
digital images of pertinent documents.
To go to the California Ballot Initiatives Database, click the link below:
University of California Hastings College of the Law also maintains a comprehensive,
searchable database of California ballot measures from 1911 to the present. The
Hastings site also offers PDF versions of ballot pamphlets from 1911 to the present.
To go to the California Ballot Propositions Database, click the link below:
Ballot measures that have qualified for the
the March 2, 2004, Primary Election and the November 2, 2004, General Election ballots are
listed below. In addition, you will find a list of initiatives that are currently
circulating for possible placement on the next ballot.
California uses the
direct initiative process, which enables voters to bypass the
Legislature and have an issue of concern put directly on the ballot
for voter approval or rejection. There are two types of initiatives
that can be placed on the ballot: 1) statute revision, which
requires signatures equal to five percent of the total votes cast
for Governor in the preceding gubernatorial election, and 2)
constitutional amendment, which requires signatures equal to
eight percent of the Governor's total vote in the preceding
gubernatorial election.
As new initiatives
enter circulation or qualify for an election ballot, the Secretary
of State's office will issue initiative status updates.
Contact the
Elections Division at (916) 657-2166 for further
information.
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Top| Qualified for 2004
Primary| Qualified for 2004 General| Circulating| Attorney General
Propositions that are on the
March 2, 2004, Primary Election
Ballot
Bond Measure
Proposition 55
AB 16 (Chapter 33, 2002). Hertzberg. Kindergarten-University
Public Education Facilities Bond Act of 2004.
Initiative Constitutional Amendment and Statute
Proposition 56
988. (SA2003RF0018). State Budget, Related Taxes, and Reserve. Voting
Requirements. Penalties. Initiative Constitutional Amendment and Statute.
Permits Legislature to enact budget and budget-related tax and appropriation bills with
55% vote rather than 2/3 vote currently required. Requires that Legislature, Governor
permanently lose salary, expenses for each day budget is late. Requires that Legislature
stay in session until budget is passed. Requires budget summary in state ballot pamphlet
and link to Internet website with legislators' voting records on budget and related taxes.
Requires 25% of certain state revenue increases to be deposited in reserve fund, which
cannot be use to increase spending. Summary of estimate by Legislative Analyst of fiscal
impact on state and local governments: Varying state fiscal impacts from lowering the
legislative vote requirement for spending and tax increases related to the budget -
including potentially significant increases in state tax revenues and spending in some
years. Fiscal impacts would depend on the composition and actions of future Legislatures.
Bond Measure
Proposition 57
ABX5 9 (Chapter 2, Statutes 2003, 5th Extraordinary Session).
Oropeza. Economic Recovery Bonds.
Legislative Constitutional Amendment
Proposition 58
ACAX5 5 (Resolution Chapter 1, Statutes of 2003, 5th
Extraordinary Session). Oropeza. State Finance.
To view the text of the bond measures and legislative constitutional amendment, please
visit the official site for California legislative information at
http://www.leginfo.ca.gov/bilinfo.html.
Top| Qualified for 2004
Primary| Qualified for 2004 General| Circulating| Attorney General
Propositions that are on the
November 2, 2004, General Election Ballot
Bond Measure
SB 1856 (Chapter 697, 2002). Costa.
Safe, Reliable High-Speed Passenger Train Bond Act of the 21st Century.
Legislative Constitutional Amendment
SCA 1 (Resolution Chapter 1, Statutes of 2004). Burton.
Access to government information.
To view the text of the bond measures and legislative constitutional amendment, please
visit the official site for California legislative information at
http://www.leginfo.ca.gov/bilinfo.html.
Top| Qualified for 2004
Primary| Qualified for 2004 General| Circulating| Attorney General
Initiatives Pending Signature Verification
The following initiatives have submitted petitions for signature verification to the county
election officials. There are specific timelines set out in statute that they must abide; however,
as a general rule this process usually takes about two months from the time that the signatures
are turned in.
None at this time.
Top| Qualified for 2004
Primary| Qualified for 2004 General| Circulating| Attorney General
Initiatives in circulation
as of February 20, 2004
1000.
(SA03RF0030, Amdt. #1-NS).
Limits on Class Size. Initiative Constitutional Amendment.
Summary Date: 10/01/03
Circulation Deadline: 03/01/04 Signatures Required: 598,105
Proponent: Peter Mathews, (562) 433-9242
Directs Legislature, by beginning of 2012 school year, to ensure number of public school students per class does not exceed fifteen in
kindergarten through third grade, twenty in grades four through eight, and twenty-five in grades nine through twelve. Requires
Legislature, beginning with 2005-2006 school year, to provide for a reduction of average class size by at least two students per year
until class size requirements are met. Provides that the costs associated with the class size reductions shall be state, not local
district, responsibility. 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 impacts: State operating costs (including teacher costs and support)
of more than $1.5 billion in 2005-06, growing to about $7 billion annually by 2011-12. One-time state school facility costs of about
$15 billion.
1001.
(SA03RF0032).
Sexual Orientation, Status, Conduct or Relationships. Initiative Constitutional Amendment.
Summary Date: 10/01/03
Circulation Deadline: 03/01/04 Signatures Required: 598,105
Proponent: Lee W. Olson
Amends the California Constitution to repeal, and to prohibit the enforcement or enactment of, all state laws and policies providing
protected status, quota preference or other preferential treatment to homosexual, bisexual, transsexual, or transvestite orientation,
status, conduct or relationships. "State" is defined to include any city, county, public university, community college district, regional
or local agency, and any other political subdivision or governmental entity in the state of California. Summary of estimate by
Legislative Analyst of fiscal impact on state and local governments: Annual state savings of less than a million dollars.
1003.
(SA03RF0033, Amdt. #1-S).
Children's Hospital Projects. Grant Program. Bond Act. Initiative Statute.
Summary Date: 10/03/03
Circulation Deadline: 03/01/04 Signatures Required: 373,816
Proponents: Susan Maddox, c/o Thomas Hiltachk, (916) 442-7757
Authorizes $750,000,000 in general obligation bonds, to be repaid from state's General Fund, to
fund grants to eligible children's hospitals for the construction, expansion, remodeling,
renovation, furnishing and equipping of children's hospitals. Twenty percent of bonds shall be
available for grants to certain University of California general acute care hospitals, and eighty
percent of the bonds shall be available for grants to other general acute care hospitals whose
missions focus on children with illnesses such as leukemia, heart defects, sickle cell anemia and
cystic fibrosis, and which meet other stated requirements. Summary of estimate by Legislative
Analyst and Director of Finance of fiscal impact on state and local governments: Assuming 30-year
bonds at an interest rate of 5.5 percent, the state cost would be about $1.5 billion over 30 years
to pay off both the principal ($750 million) and interest ($800 million) on the bonds. Payments
of about $50 million per year. This measure would also result in minor administrative costs to
the California Health Facilities Financing Authority.
1004.
(SA03RF0029, Amdt. #1-S).
Preferential Voting. Terms of Office. Redistricting. Initiative Constitutional Amendment.
Summary Date: 10/06/03
Circulation Deadline: 03/04/04 Signatures Required: 598,105
Proponent: Casey Peters, (213) 385-2786
Requires Legislature to establish procedures enabling voters to select and rank candidates by
preference in elections. A voter's second or subsequent preference will be counted when voter's
prior preference have been deemed ineffective under standards set by the Secretary of State.
Candidates for constitutional office must receive majority of votes to be elected. Requires
redistricting plans establish districts designed to maximize accurate representation of voters.
Permits the Legislature to provide for single or multi-member districts for its members. Deletes
reference in Constitution to half of the senators being elected every two years. Summary of
estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local
governments: One-time county costs potentially in the low tens of millions of dollars to
implement new election procedures. Possible costs of holding statewide runoff elections every
four years of tens of millions of dollars.
1005.
(SA03RF0031, Amdt. #1-S).
Elections. Primaries. Initiative Constitutional Amendment and Statute.
Summary Date: 10/06/03
Circulation Deadline: 03/04/04 Signatures Required: 598,105
Proponents: Nick Tobey, Susan Riegel Harding, and George David Kieffer
c/o Peter A. Bagatelos (415) 242-8830 and c/o Barry Fadem (925) 283-0581
Requires primary elections in which voters may vote for any state or federal candidate
regardless of party registration. Exempts presidential nominations and election of party central
committees, in which only registered party members may vote unless party otherwise permits. Only
the two primary-election candidates with most votes for an office, whether or not members of the
same party, would be listed on general election ballot; however, candidate receiving majority vote
in special primary election is elected. Requires party's consent to allow identification of
candidates' party registration on ballot and other official election publications. Summary of
estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local
governments: Measure would result in no significant net fiscal effect on state or local
governments.
1006.
(SA03RF0034).
State Revenue and Expenditures . Initiative Statute.
Summary Date: 10/06/03
Circulation Deadline: 03/04/04 Signatures Required: 373,816
Proponent: Steve Mozena
Requires each state agency, at the end of each business day, to post on its website: (1)
relevant names, dates and amounts of every check, credit card or cash transaction, or other
agency expenditure; and (2) revenue sources, including, but not limited to, taxes and fees, and
the date, amount of revenue, and fund into which the revenue is deposited. The Controller in
consultation with the Treasurer and Department of Finance shall create guidelines and procedures
to standardize the postings in the format of a checkbook register. 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 state fiscal effects: Potential one-time costs of over
$200 million and annual costs in the tens of millions of dollars for the development,
implementation, maintenance, and use of a new data collection and reporting system.
1007.
(SA03RF0036).
Mental Health Services Expansion and Funding. Tax on Incomes over $1 Million. Initiative Statute.
Summary Date: 10/16/03
Circulation Deadline: 03/15/04 Signatures Required: 373,816
Proponents: Assemblyman Darrell Steinberg and Sherman Russell Selix, Jr.,
(916) 557-1166
Provides funds to counties to expand services and develop innovative programs and
integrated service plans for mentally ill children, adults and seniors. Requires state
to develop mental health service programs including prevention, early intervention,
education and training programs. Creates new commission to approve certain county
programs and expenditures. Imposes additional 1% tax on taxable income over $1 million
to provide dedicated funding for expansion of mental health services and programs.
Current funding for mental health programs may not be reduced because of funding from
new tax. Summary of estimate by Legislative Analyst and Director of Finance of fiscal
impact on state and local governments: Additional revenues of approximately $250 million
in 2004-05, $680 million in 2005-06, $700 million in 2006-07, and increasing amounts
annually thereafter, with comparable increases in expenditures by the state and counties
for the expansion of mental health programs. Unknown savings to the state and local
agencies potentially amounting to hundreds of millions of dollars annually on a statewide
basis from reduced costs for state prison and county jail operations, medical care,
homeless shelters, and social services programs that would partly offset the additional
cost of this measure.
1009.
(SA03RF0038).
Parental Notification Prior to Termination of Minor's Pregnancy. Initiative Constitutional Amendment and Statute.
Summary Date: 11/12/03
Circulation Deadline: 04/12/04 Signatures Required: 598,105
Proponents: Rosemarie Avila and Mary Vogelzang, c/o Tom Hiltachk, (916) 442-7757
Amends Constitution to provide that, except for medical emergency or when waiver of
notification has been obtained pursuant to state law, no abortion shall be performed upon
an unemancipated minor until the physician notifies minor's parent or legal guardian.
Statute provides definitions and authorizes monetary penalty and damages for violation.
Statute permits minor to confidentially petition juvenile court for notification waiver
based upon clear and convincing evidence of sufficient maturity, physical or sexual abuse
by parent or guardian, or that notification is not in minor's best interests. Summary of
estimate by Legislative Analyst and Director of Finance of fiscal impact on state and
local governments: The net costs of this measure to Medi-Cal and other programs are
unknown, but are probably not significant in the contest of the total expenditures for
these programs.
1010.
(SA03RF0043).
Emergency and Medical Services. Funding. Telephone Surcharge. Initiative Constitutional Amendment and Statute.
Summary Date: 11/14/03
Circulation Deadline: 04/12/04 Signatures Required: 598,105
Proponents: John Whitelaw, MD, Kacey Hansen, RN, William Wesley Fields, MD
c/o Tom Hiltachk (916) 442-7757
Provides funding for emergency personnel training and equipment, reimbursement for
uncompensated emergency physician care, uncompensated community clinic care, emergency
telephone system improvements, and to hospitals for emergency services. Commission to
administer physician funding. Funded by: Addition of 3% to surcharge rate on telephone
use within California; portions of tobacco taxes; criminal and traffic penalties.
Monthly cap of 50 cents on surcharge collected by residential service providers,
but not cell phone or business lines. Excludes funding from government appropriations
limitations, and telephone surcharge from Proposition 98's school spending requirements.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on
state and local governments: Increased revenues of about $550 million annually from
increased charges on telephone usage for emergency care services and other specified
purposes. These revenues would probably grow in future years.
1011.
(SA03RF0044).
Campaign Financing. Oil Severance Tax. Initiative Statute.
Summary Date: 11/18/03
Circulation Deadline: 04/16/04 Signatures Required: 373,816
Proponents: Arianna Huffington, c/o Fredric C. Woocher (310) 576-1233
Repeals campaign contributions limits passed by voters in 2000. Enacts lower campaign contribution
limits for all state office candidates except self-financed candidates. Provides campaign funds to
state office candidates who submit to funding limitations and conditions. Specifies
funding amounts for each office. Limits political party support for candidates to 10%
of specified funding amount. Financing primarily funded by 6-year tax on oil produced
within California; sum of annual tax revenues to equal $5 per resident. Makes receipt
of $500 or more in private contributions basis for disqualification from decisions
affecting contributor. Summary of estimate by Legislative Analyst and Director of
Finance on fiscal impact on state and local governments: This measure would have the
following major fiscal effect: Increased revenues from 2005 to 2010 (primarily from a
tax on the extraction of oil) totaling about $185 million annually to pay for the public
financing of political campaigns for state elected offices.
1012.
(SA03RF0039, Amdt. #1-S).
Sex Offenders. Punishment. Parole. Public Information. Initiative Statute.
Summary Date: 11/20/03
Circulation Deadline: 04/19/04 Signatures Required: 373,816
Proponents: Dennis Hollingsworth and Jay La Seuer, c/o Laurie Paredes
(916) 337-2102
Increases penalties, lengthens parole periods for specified sex crimes. Requires
electronic monitoring of registered sex offender parolees. Adds crimes subject to
"Megan's Law" public disclosure. Requires that disclosures include registrants'
addresses, license plate numbers and whether victim was a child. Requires that Megan's
Law information be available on Internet. Requires registered sex offenders to renew
driver's license annually, provide DMV with current photograph, address verification.
Sexual predator law to apply where disordered offender commits violent predatory sexual
crime against single victim under age 14. Expands HIV/AIDS testing for accused sex
offenders. Summary of estimate by Legislative Analyst and Director of Finance of fiscal
impact on state and local governments: State costs potentially ranging from several tens
of millions of dollars to in excess of $100 million annually. Local costs potentially
ranging from a couple million to several millions of dollars statewide. Both the state
and local costs could be partially offset by unknown savings to the extent the measure
deters offenders from committing specified sex offenses.
1014.
(SA03RF0048).
Public Benefits. Driver's License. Eligibility.
Immigration Status and Identity Verification. Initiative Constitutional Amendment.
Summary Date: 12/01/03
Circulation Deadline: 04/29/04 Signatures Required: 598,105
Proponent: Ron Price, (714) 899-9631
Amends Constitution to require providers of public benefits to verify whether
applicants are lawfully present in the United States. Prohibits state or local public
benefits for any aliens classified as ineligible under federal law. Requires state and
local officials to report immigration law violations to federal authorities; failure to
report is a misdemeanor. Requires state to verify driver's license applicant's identity
and lawful presence in United States. Prohibits the state and its political subdivisions
from accepting identification documents not issued by a state or federal jurisdiction.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on
state and local governments: This measure could result in increased annual costs to the
state and local governments in the tens of millions of dollars to verify citizenship or
immigration status of persons receiving specified public services. This measure could
also result in program savings over $100 million annually to the state and local
governments, primarily counties, due to reduced expenditures for certain public services.
1015.
(SA03RF0047, Amdt. #1-S).
Limitations on "Three Strikes" Law. Sex Crimes.
Punishment. Initiative Statute.
Summary Date: 12/05/03
Circulation Deadline: 05/13/04 Signatures Required: 373,816
Proponent: James R. "Jim" Benson, (714) 547-9842
Amends "Three Strikes" law to require increased sentences only when current conviction
is for specified violent and/or serious felony. Redefines violent and serious felonies.
Only prior convictions for specified violent and/or serious felonies, brought and tried
separately, would qualify for second and third "strike" sentence increases. Allows
conditional re-sentencing of persons with sentences increased under "Three Strikes"
law if previous sentencing offenses, or prior convictions used to increase sentences,
would no longer qualify as violent and/or serious felonies. Increases punishment for
specified sex crimes against children. Summary of estimate by Legislative Analyst and
Director of Finance of fiscal impact on state and local governments: Unknown, but
significant net savings to the state ranging from several tens of millions of dollars
to several hundreds of millions of dollars annually due to lower prison operating costs
partially offset by costs associated with court-related activities, parole supervision,
and the incarceration of and counseling services for sex offenders. Potential state
deferral of several hundreds of millions of dollars in capital outlay costs associated
with delayed construction of additional prison beds. Increased one-time costs of up to
several tens of millions of dollars for jail and court-related costs; ongoing costs of a
couple of tens of millions of dollars.
1016. (SA03RF0051)
Limitations on Enforcement of Unfair Business Competition
Laws. Initiative Statute.
Summary Date: 12/15/03
Circulation Deadline: 05/13/04 Signatures Required: 373,816
Proponents: Allan S. Zaremberg and John H. Sullivan (916) 446-6752
Amends unfair business competition laws to: limit individual's right to sue by
allowing private enforcement only if that individual has been actually injured by,
and suffered financial/property loss because of an unfair business practice; require
representative claims to comply with procedural requirements applicable to class
action lawsuits; authorize only California Attorney General or local public officials
to sue on behalf of general public to enforce unfair business competition laws.
Penalties recovered by attorney general or local prosecutors to be used only for
enforcement of consumer protection laws. Summary of estimate by Legislative Analyst
and Director of Finance of fiscal impact on state and local governments: Unknown
fiscal impact on the state depending on whether the measure increases or decreases
court workload related to unfair competition lawsuits; unknown potential costs to
local governments, depending on the extent to which diverted funds are replaced.
1017. (SA03RF0046, Amdt. #1-S)
Publicly Funded, Licensed Schools. Initiative
Constitutional Amendment.
Summary Date: 12/17/03
Circulation Deadline: 05/17/04 Signatures Required: 598,105
Proponent: Richard D. Ackerman (909) 308-6454
Establishes optional, alternative school system for grades kindergarten through twelve
under which privately operated schools would be licensed and regulated by the Department
of Consumer Affairs. These schools would not be subject to regulation by the
Superintendent of Public Instruction. Requires state funding of these schools equal to
public schools based upon enrollment. Schools could develop curricula and methodologies
and deliver educational services subject to standards applicable to private schools.
They would be prohibited from engaging in sectarian or denominational instruction and
would be subject to all state and federal nondiscrimination laws. Summary of estimate
by Legislative Analyst and Director of Finance of fiscal impact on state and local
governments: Over time, potential increase in state school funding costs in the billions
of dollars annually.
1018. (SA03RF0050)
Termination of Minor's Pregnancy. Medical Emergency.
Parental Notification or Judicial Waiver. Initiative Constitutional Amendment and
Statute.
Summary Date: 12/17/03
Circulation Deadline: 05/17/04 Signatures Required: 598,105
Proponents: Rosemarie I. Avila and Mary L. Vogelzang (714) 619-6868
Amends Constitution to provide that, except for medical emergency, or when waiver of
notification has been obtained pursuant to state law, no abortion shall be performed upon
an unemancipated minor until the physician notifies minor's parent or legal guardian.
Statute provides definitions and authorizes monetary penalty and damages for violation.
Statute permits minor to confidentially petition juvenile court for notification waiver
based upon evidence of sufficient maturity, physical or sexual abuse by parent or
guardian, or that notification is not in minor's best interests. Summary of estimate by
Legislative Analyst and Director of Finance of fiscal impact on state and local
governments: The net costs of this measure to Medi-Cal and other programs are unknown,
but are probably not significant in the context of the total expenditures for these
programs.
1019. (SA03RF0052)
Traffic Violations in School Zones. Increased Fines. School Safety Programs.
Initiative Statute.
Summary Date: 12/23/03
Circulation Deadline: 05/21/04 Signatures Required: 373,816
Proponent: Glen Wetzel
Amends law to allow any city or county to increase fines for Vehicle Code
violations near school buildings or grounds, if city council or county board
of supervisors votes to adopt this section. Amends law to provide funds to
enhance safety of students traveling to and from school on foot or by bicycle
in any city, county or school district that adopts a school pedestrian-bicyclist
safety program. Uses funds from traffic fines to pay for such programs.
Deletes automatic repeal dates of amended provisions.
Summary of estimate by Legislative Analyst and Director of Finance of
fiscal impact on state and local governments: This measure would have
the following fiscal effect: Potential one-time costs to state and
local governments, totaling up to two million dollars. Unknown annual
increases in revenue to local governments for pedestrian and bicycle safety
programs from the collection of additional fines.
1020. (SA03RF0054, Amdt. #1-NS)
Use of Authorized or King James Bible as Textbook for Grades One Through Twelve.
Initiative Constitutional Amendment.
Summary Date: 12/26/03
Circulation Deadline: 05/24/04 Signatures Required: 598,105
Proponent: Matt McLaughlin
e-mail address - info@kingjamestextbook.com
Adds constitutional provision permitting use of Authorized or King James Bible
(including translators' preface and introductory remarks, standard concordance and
glossary) as textbook for voluntary study of the Bible as literature, without
devotional or denominational purpose. This textbook would be provided without
cost to each pupil in grades one through twelve whose parents do not object
and elect to opt out of study program.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal
impact on state and local governments: Additional costs to the state and/or
school districts from providing copies of the Bible to students: (1) one-time
costs in the tens of millions of dollars up to $200 million and (2) annual costs
in the low millions to tens of millions of dollars.
1021. (SA03RF0055, Amdt. #1-NS)
Stem Cell Research. Funding. Bonds. Initiative Constitutional Amendment and Statute.
Summary Date: 12/30/03
Circulation Deadline: 05/28/04 Signatures Required: 598,105
Proponents: Roberta B. Johansen and James C. Harrison,
c/o Remcho, Johansen & Purcell (323) 468-3391
Establishes "California Institute for Regenerative Medicine" to regulate
stem cell research and provide funding, through grants and loans, for such research
and research facilities. Establishes constitutional right to conduct stem cell research;
prohibits Institute's funding of human reproductive cloning research. Establishes
oversight committee to govern Institute. Provides General Fund loan of up to $3 million
for Institute's initial administration/implementation costs. Authorizes issuance of
general obligation bonds to finance Institute activities up to $3 billion subject to
annual limit of $350 million. Appropriates monies from General Fund to pay for bonds.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact
on state and local governments: State cost of about $6 billion over 30 years to pay
off both the principal ($3 billion) and interest ($3 billion) on the bonds. Payments of
about $200 million per year.
1022. (SA03RF0053, Amdt. #2-NS)
Local Funds and Revenues. State Mandates. Initiative Constitutional Amendment and Statute.
Summary Date: 01/02/04
Circulation Deadline: 06/01/04 Signatures Required: 598,105
Proponents: Steven C. Szalay, Christopher K. McKenzie, Catherine Smith
c/o Cathy Christian (916) 446-6752
Requires two-thirds vote of Legislature and voter approval for any reduction,
based on January 1, 2003 levels, of local governments' vehicle license fee revenues,
sales tax powers and revenues, and proportionate share of local property tax revenues.
Permits Legislature to create tax exemptions and reduce vehicle license fee revenues without
voter approval only if legislation reimburses local government for lost revenues. Provides
that local government may, with limited exceptions, suspend performance of state mandate
if State fails to reimburse local government within 180 days of final determination of
state-mandated obligation. Summary of estimate by Legislative Analyst and Director
of Finance of fiscal impact on state and local governments: Over time, the
initiative would have the following major fiscal effects: Higher and more stable
local government revenues than otherwise would have been the case, possibly in the
range of several billion dollars annually. Significant changes to state finance,
potentially including higher state taxes than otherwise would have been the case - or lower spending
on state programs. The magnitude of the state fiscal effect would be commensurate with the
measure's impact on local government.
1023. (SA03RF0056, Amdt. #1-S)
Reapportionment. Initiative Constitutional Amendment.
Summary Date: 01/02/04
Circulation Deadline: 06/01/04 Signatures Required: 598,105
Proponent: Edward J. Ted Costa (916) 482-6175
Amends constitutional provisions governing reapportionment of Congressional, Senate,
Assembly, and Board of Equalization districts. Establishes criteria for drawing new
election district boundaries, beginning with 2006 election. Provides for appointment of
3-member panel of retired judges to prepare proposed reapportionment plans; specifies
panel selection criteria. Requires panel to consider proposals submitted by electors and/or
legislators, hold public hearings, and submit proposed reapportionment plan to Legislature.
Provides process for redistricting plans to be approved by Legislature, Governor, and/or
voters. Authorizes any elector to sue in California Supreme court challenging whether
reapportionment plan conforms with requirements. Summary of estimate by Legislative
Analyst and Director of Finance of fiscal impact on state and local governments:
This measure would have the following major fiscal impact: One-time state reapportionment
costs, potentially totaling several million dollars, for 2006 reapportionment plan.
1024. (SA03RF0057, Amdt. #1-NS) [REVISED]
Funding for K-12 Education and Voluntary Universal Preschool Program.
Commercial Property Taxes. Initiative Constitutional Amendment and Statute.
Summary Date: 01/12/04
Circulation Deadline: 06/10/04 Signatures Required: 598,105
Proponents: Barbara Kerr and Rob Reiner, c/o Robin B. Johansen (510) 346-6200
Provides additional funding for K-12 public education; establishes voluntary universal
preschool program. Funds provided through additional taxes on real property and commercial
residential rental property that produces income. Creates state fund and allocates monies:
2/3 for kindergarten through 12th grade, including class size reduction, textbooks,
teacher salaries, benefits and training; 1/3 for voluntary universal preschool.
Prohibits using funds for administrative costs as specified. Requires annual audits.
Provides small business personal property tax exemption; reimburses state/local
government to offset revenue decrease. Summary of estimate by Legislative Analyst and
Director of Finance of fiscal impact on state and local governments: Additional property
taxes on income-producing property of approximately $6 billion annually (net), beginning
in 2005-06. These revenues would be used for state-funded universal preschool and
specified K-12 education purposes.
1025. (SA03RF0058)
Workers' Compensation. Benefit and Eligibility Restrictions. Initiative Statute.
Summary Date: 01/20/04
Circulation Deadline: 06/18/04 Signatures Required: 373,816
Proponent: Edward J. "Ted" Costa (916) 482-6175
Requires employee to establish, by preponderance of evidence, that employee activities
were predominant cause of injury or disease to receive workers' compensation benefits.
Prohibits permanent disability based on subjective complaints. Requires apportionment
regarding permanent disability to: account for previous awards for injury to same body
part of affecting same kind of work; exclude prior or pre-existing illness or injury.
Prohibits employee from submitting nonpsychiatric claims after notice of resignation,
termination or involuntary/voluntary layoff. Establishes time limit for employer's
payment of ongoing medical care to relieve symptoms; excludes specified non-medical
care items. Summary of estimate by Legislative Analyst and Director of Finance of
fiscal impact on state and local governments: Unknown, but potentially major annual
savings in state and local government workers' compensation expenses.
1026. (SA03RF0061)
Right to Keep and Bear Arms. Initiative Constitutional Amendment
Summary Date: 01/20/04
Circulation Deadline: 06/18/04 Signatures Required: 598,105
Proponent: Donald Kilmer (408) 998-8489
Amends the California Constitution to add a personal right to require and possess arms
for defense of self, family, and home. Requires state to prove a compelling government
interest for any action regulating the keeping and bearing of arms. Provides that all
county, city, and local government action on this subject is preempted by state law and
this amendment. Allows the state to continue regulating the acquisition or possession
of arms by felons, minors, mentally incompetent persons, or persons subject to
restraining orders based on their violent conduct. Summary of estimate by Legislative
Analyst and Director of Finance of fiscal impact on state and local governments:
This measure would result in unknown, potential costs to the state and unknown net
fiscal effects on local governments.
1027. (SA03RF0059)
Tribal Gaming Compact Renegotiation. Non-Tribal Commercial Gambling Expansion. Revenues, Tax Exemptions. Initiative Constitutional Amendment and Statute.
Summary Date: 01/26/04
Circulation Deadline: 06/24/04 Signatures Required: 598,105
Proponents: Louis J. Blanas and Lee Baca, c/o Barry Fadem (925) 283-0581
Authorizes Governor to renegotiate tribal-state compacts to require that tribes:
Pay 25% of slot machine/gaming device revenues to government fund; comply with multiple
state laws; accept state court jurisdiction. Unless all compacted tribes accept terms
within 90 days, or if terms determined unlawful, authorized 16 specified non-tribal
racetracks and gambling establishments to operate 30,000 slot machines/gaming devices,
paying 33% of revenues to fund public safety, regulatory, social programs. Provides
exemption from future state/local tax increases. Limits new tribal gaming. Summary
of estimate by Legislative Analyst and Director of Finance of fiscal impact on state
and local governments: This measure would have the following major fiscal effect:
Increased local government revenues of likely over $1 billion annually from new gambling
revenues. The revenues would be used primarily for additional firefighting, police,
and child protective services.
1028. (SA03RF0062)
State Teachers' Retirement. Benefits. Initiative Statute.
Summary Date: 01/28/04
Circulation Deadline: 06/28/04 Signatures Required: 373,816
Proponent: Ann Reid
Provides for retirement at age 55 for State Teachers' Retirement System members who
worked in K-12 public schools for 15 years and worked directly with students for five
years preceding retirement. Provides retirement benefits of 3% of final annual
compensation for each year of credited service. Calculates benefits based on one-year
period with highest pay. Provides supplemental benefits to restore purchasing power
of up to 100% for eligible members and up to 80% for other members. Disqualifies full
and part time administrators and members on disability or medical leave within last
five years. Summary of Estimate by Legislative Analyst and Director of Finance of
fiscal impact on state and local governments: This measure would increase state
and/or school district retirement costs up to $1.7 billion annually.
1029. (SA03RF0065)
DNA Samples. Collection. Database. Funding. Initiative Statute.
Summary Date: 02/03/04
Circulation Deadline: 07/02/04 Signatures Required: 373,816
Proponents: Bruce E. Harrington, c/o Thomas Hiltachk (916) 442-7757
Requires collection of DNA samples from all felons, and from adults and juveniles
arrested for or charged with specific crimes, and submission to state DNA database;
and, in five years, from adults arrested for or charged with any felony. Authorizes
local law enforcement laboratories to perform analyses for state database and maintain
local database. Specifies procedures for confidentiality and removing samples from
databases. Imposes additional monetary penalty upon certain fines/forfeitures to fund
program. Designates California Department of justice to implement program, subject to
available moneys: Authorizes $7,000,000 loan from Legislature for implementation.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on
state and local governments: This measure would result in the following direct fiscal
effects: Unknown annual state costs potentially over $10 million initially, increasing
to a couple tens of millions of dollars when fully implemented to collect, analyze, and
store increased DNA samples. These costs would be partially offset by increased criminal
penalty revenues. Unknown annual local costs potentially several million dollars
initially, increasing to over $10 million when fully implemented to collect DNA samples.
These costs could be offset by increased criminal penalty revenues.
1030. (SA03RF0066)
Automobile Dealers. Buyers' Right to Cancel Purchase.
Seller Disclosures. Initiative Statute.
Summary Date: 02/04/04
Circulation Deadline: 07/05/04 Signatures Required: 373,816
Proponent: Rosemary Shahan (530) 759-9440
Allows buyer of used automobile to return automobile to dealer, cancel
purchase within three business days and receive full refund, less reasonable
mileage offset. Requires that dealers disclose credit scores, and lowest available
interest rates. Limits dealer loan fees to $150; prohibits dealers from accepting
additional compensation from lenders. Requires dealers to disclose monthly cost of
financing optional items. Requires "certified" used vehicles to be inspected by
qualified technician. Prohibits dealers from advertising used rental, police or fleet
vehicles, taxicabs, "lemon law" buybacks, salvage, or similar vehicles as "certified."
Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on
state and local governments: Various possible impacts on state and local government
revenues resulting from changes in the financing of vehicle sales. The net fiscal
impact of these changes is unknown.
1031. (SA03RF0067)
Local Government Funds and Revenues. State Mandates.
Initiative Constitutional Amendment.
Summary Date: 02/04/04
Circulation Deadline: 07/05/04 Signatures Required: 598,105
Proponents: Steven C. Szalay, Catherine Smith, Christopher K. McKenzie
c/o Cathy Christian (916) 446-6752
Requires voter approval for any legislation that provides for any reduction,
based on January 1, 2003 levels, of local governments' vehicle license fee revenues,
sales tax powers and revenues, and proportionate share of local property tax revenues.
Permits local government to suspend performance of state mandate if State fails to
reimburse local government within 180 days of final determination of state-mandated
obligation; except mandates requiring local government to provide/modify: any protection,
benefit or employment status to employee/retiree, or any procedural/substantive
employment right for employee or employee organization. Summary of estimate by
Legislative Analyst and Director of Finance of fiscal impact on state and local
governments: This initiative would have the following fiscal effects, the magnitude
of which would depend on future actions by the Legislature and state voters: Higher
and more stable local government revenues than otherwise would have been the case,
potentially several billion dollars annually. Significant changes to state finance,
potentially including higher state taxes or lower spending on state programs than
otherwise would have been the case. The state fiscal effect would be commensurate with
the measure's impact on local governments.
1032. (SA03RF0060, Amdt. #3-NS)
State Electoral Districts. San Francisco Bay Area Regional Authority Board.
Initiative Constitutional Amendment.
Summary Date: 02/05/04
Circulation Deadline: 07/05/04 Signatures Required: 598,105
Proponent: Nancy Jewell Cross (510) 793-3396
Establishes new criteria/methods for defining state legislative, congressional
and other statewide election districts, based on division of State into "State
Districts" equal in number to number of California Representatives in United States
Congress (currently 53). Replaces fixed membership numbers for Assembly and Senate
with membership numbers varying according to number of "State Districts." Creates
"State Demographer" position to oversee establishment of "State Districts." Establishes
10-member San Francisco Bay Area regional authority board responsible for determining
transportation development priorities and funding allocations for region, replacing
Metropolitan Transportation Commission. Summary of estimate by Legislative Analyst and
Director of Finance of fiscal impact on state and local governments: This measure would
have the following major fiscal effects: (1) one-time state and local government costs
for elections and redistricting in the low tens of millions of dollars; (2) shift of
redistricting costs from state to local governments of several million dollars every
ten years; and (3) future state savings from fewer special elections. Instances of
savings would likely be infrequent, but could exceed $1 million for each election.
1033. (SA03RF0070)
One-House Legislature. Terms. Procedures. Initiative Constitutional Amendment.
Summary Date: 02/11/04
Circulation Deadline: 07/12/04 Signatures Required: 598,105
Proponent: James Bouskos (559) 999-4800
Creates one-house Legislature of 100 members, elected for two-year terms from 100
districts, without term limits. Establishes six-month legislative session from January -
June annually. Creates commission of political party appointees to establish legislative
districts of equal population. Limits Legislature's expenditures, subject to annual
adjustment based on national Consumer Price Index. Prohibits payment of legislators
after Jun e15th of each year unless and until state budget enacted. Establishes per
diem and mileage caps for legislators. Limits number of legislative committees, staff
and staff salaries. Prohibits state subsidized vehicles for legislators. Summary of
estimate by Legislative Analyst and Director of Finance of fiscal impact on state and
local governments: This measure would have the following major fiscal effects: State
savings of almost $200 million annually from reduced legislative expenditures. One-time
implementation costs for state and local government in excess of $50 million.
1034. (SA03RF0071)
Legalized Casino-Type Gambling. Cities of Barstow and Oakland Pilot Program.
Initiative Constitutional Amendment.
Summary Date: 02/11/04
Circulation Deadline: 07/12/04 Signatures Required: 598,105
Proponent: Robert W. Wilson
Legalizes casino-type gambling, including sports wagering, roulette, slot machines,
banking and percentage games played with cards or dice for 28 years in cities of Barstow
and Oakland on experimental basis. Limited to 12 gambling facilities in each city.
Creates state commission appointed by the Governor to supervise gambling operations,
operators. Creates two local commissions, one appointed by each city council, to
investigate applicants for gambling licenses and establish licensing and tax fees.
Requires each gambling facility to have license and permit to conduct gambling activities. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Measure would result in increased revenues to the state and particular local governments from gambling-related activities, potentially in the tens of millions of dollars annually.
1035. (SA03RF0079)
Legislative Voting Records. Campaign Disclosure. Initiative Statute.
Summary Date: 02/11/04
Circulation Deadline: 07/12/04 Signatures Required: 373,816
Proponent: Carmen Balber (310) 392-0522
Denies daily salary and reimbursements for legislators when they are eligible but
fail to vote; exceptions for excused absences or conflicts of interest. Requires
Legislative Counsel to maintain online records of legislators' failure to vote,
including cumulative totals and percentages. Requires publication of legislators'
non-voting information in ballot pamphlet/sample ballot. Makes public the calendar,
including fund raising activities, of legislators and statewide elected officeholders.
Requires online disclosure within 24 hours of $1,000 or more contribution received by
state office candidates or state ballot measures. Requires campaign contributors to be
categorized by industry. Summary of estimate by Legislative Analyst and Director of
Finance of fiscal impact on state and local governments: This measure would result in
minor increased costs for state and local governments.
1036. (SA03RF0064, Amdt. #1-S)
Minor's Pregnancy. Waiting Period and Parental Notification or Waiver Before Abortion.
Initiative Constitutional Amendment.
Summary Date: 02/20/04
Circulation Deadline: 07/19/04 Signatures Required: 598,105
Proponents: Paul E. Laubacher and Barbara R. Laubacher (916) 381-5222
Amends Constitution to provide that no abortion shall be performed upon an
unemancipated minor until 48 hours after physician notifies minor's parent or legal
guardian, or until 24 hours after parent/guardian waives notification in a writing
that is signed, notarized and dated. Provides exception for medical emergency and
permits judicial waiver based upon clear and convincing evidence of minor's sufficient
maturity; physical, emotional, or sexual abuse by parent/guardian; or where notification
not in minor's best interests. Authorizes monetary damages and attorney's fees for
violation. Summary of estimate by Legislative Analyst and Director of Finance of fiscal
impact on state and local governments: The net costs of this measure to Medi-Cal and
other programs are unknown, but are probably not significant in the context of the total
expenditures for these programs.
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Initiatives pending with the Attorney General
as of February 20, 2004
The list below reflects those proposed measures that have been
submitted to the Attorney General for preparation of the title and
summary that will appear on the initiative petitions. This process
takes approximately 60 days; however, if amendments are submitted
by the proponent the time period is lengthened. When the official
summary is complete, the Attorney General forwards it to the
proponent and to the Secretary of State. The Secretary of State
then provides calendar deadlines to the proponent and to the county
elections officials.
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