Transportation Funding. Initiative Constitutional Amendment and Statute.

Proponent: James Earp, c/o Richard D. Martland (916) 446-6752

Prohibits retention of funds earmarked for the Transportation Investment Fund in the General Fund for use unrelated to transportation after 7/1/08. Requires repayment by 6/30/17 of transportation funds retained in the General Fund in years prior to 2007-08. Eliminates General Fund borrowing of specified transportation funds, except for cash-flow purposes (repayment required within 30 days of adoption of budget); current law allows borrowing for three years where Governor declares transfer would cause significant negative fiscal impact on governmental functions and Legislature enacts authorizing statute. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: No revenue or cost effects. Increases stability of funding to transportation in 2007-08 and thereafter; reduces somewhat the state’s flexibility to use specified transportation funds for other (nontransportation) activities. (SA2005RF0123)

Community Colleges. Funding. Governance. Fees. Initiative Constitutional Amendment and Statute.

Proponents: Dennis Smith and Scott Lay c/o Eugene Hill (916) 442-2952

Establishes in state constitution a system of independent public community college districts and Board of Governors. Generally, requires minimum levels of state funding for school districts and community college districts to be calculated separately, using different criteria and separately appropriated. Allocates 10.46 percent of current Proposition 98 school funding maintenance factor to community colleges. Sets community college fees at $15/unit per semester; limits future fee increases. Provides formula for allocation by Legislature to community college districts that would not otherwise receive general fund revenues through community college apportionment. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potential increases in state spending on K-14 education of about $135 million in 2007-08, $275 million in 2008-09, and $470 million in 2009-2010, with unknown impact annually thereafter. Annual loss of fee revenues to community colleges of about $71 million in 2007-08, with unknown impacts annually thereafter. (06-0030.)

Top | Qualified for 2008 Presidential Primary | Qualified for 2008 Statewide Direct Primary | Qualified for 2008 General | Pending Raw | Pending Sigs | Failed | Withdrawn | Circulating | Attorney General

Initiatives Pending Signature Verification

None At This Time

1233. (06-0036, Amdt. #1S)

Public Entities. Revival of Claims. Elimination of Legal Defenses. Unlimited Compensation for Private Property. Initiative Constitutional Amendment.
Summary Date: 1/03/07 Circulation Deadline: 06/04/07 Failed: 06/21/07

Proponent: Kristnamma Tripati (626) 796-2231

Expands definition of “public entity” to include all employees of local and state agencies. Revives claims filed against public entities after January 1, 1980, and voids prior decisions inconsistent with initiative. Reduces burden of proof for claims filed against public entities. Eliminates various privileges, immunities and defenses available to public entities including fraud and statute of limitations. Authorizes disclosure of all records of public entities. Requires public entity taking private property to compensate owner at owner’s stated value, without limitation or review. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown but potentially significant costs to state and local governments due to increased claims against public agencies and increased payments resulting from these claims. (06-0036.)

---

Top | Qualified for 2008 Presidential Primary | Qualified for 2008 Statewide Direct Primary | Qualified for 2008 General | Pending Raw | Pending Sigs | Failed | Withdrawn | Circulating | Attorney General

Withdrawn Initiatives (Includes initiatives which have been withdrawn from submission or circulation in the past 30 days only)

None At This Time

---

Top | Qualified for 2008 Presidential Primary | Qualified for 2008 Statewide Direct Primary | Qualified for 2008 General | Pending Raw | Pending Sigs | Failed | Withdrawn | Circulating | Attorney General

Initiatives in Circulation
as of July 16, 2007

1237. Wealth Tax...	1238. Limits on Leg ...	1239. Workers' Comp ...
1240. Redistricting...	1241. Redistricting...	1244. Reimbursement of ...
1245. Ban on Legislators' ...	1246. Training for ...	1247. Marriage. Elimination ...
1248. Government Acquisition...	1249. Mandatory Reporting of Pregnancies...	1250. Requirements for Presidential ...
1251. Eminent Domain ...	1252. Candidate Vote Requirement ...	1253. Marriage. Elimination ...
1254. Limit on Marriage ...

1237. (07-0001)

Wealth Tax. Initiative Constitutional Amendment and Statute.
Summary Date: 3/30/07 Circulation Deadline: 08/27/07 Signatures Required: 694,354

Proponent: Paul McCauley pmcca28169@aol.com

Imposes one-time 45% tax on value of property exceeding $40 million held anywhwere by California resident of held in California by non-resident. Imposes one-time tax (between 26.5% and 44.3%) on property exceeding $5 million when resident dies or leaves California. Imposes additional 17.5% tax on income exceeding $150,000 single/$250,000 married, increasing to 35% when income exceeds $1 million single/$2 million married. Creates new tax credits. Requires State to acquire majority shares of certain named corporation to influence environmental practices. Exempts new revenues from determination of education funding requirements. Summary of estimate Legislative Analyst and Director of Finance of fiscal impact on state and local governments: One-time increase in state revenues potentially in the low hundreds of billions of dollars from imposition of a wealth tax, and ongoing increase in state revenues potentially in the low tens of billions from imposition of the tax on certain people leaving the state. This revenue would be allocated to accomplish various goals related to environmental protection. Potential annual net increase in PIT revenues in the tens of billions of dollars annually. The first $7.5 billion annually would be allocated to the state General Fund with additional revenue allocated for environmental protection. Unknown but potentially state and local revenue reduction due to changes in taxpayer behavior. (07-0001.)

1238. (07-0004, Amdt. #1S )

Limits on Legislators’ Terms in Office. Initiative Constitutional Amendment.
Summary Date: 4/11/07 Circulation Deadline: 09/10/07 Signatures Required: 694,354

Proponents: Robin B. Johansen and Kari Krogseng c/o James C. Harrison (510) 346-6200

Reduces the total amount of time a person may serve in the state legislature from 14 years to 12 years. Allows a person to serve a total of 12 years either in the Assembly, the Senate, or a combination of both. Provides a transition period to allow current members to serve a total of 12 consecutive years in the house in which they are currently serving, regardless of any prior service in another house. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would have no direct fiscal effect on state or local governments. (07-0004.)

1239. (07-0002, Amdt. #1S)

Workers’ Compensation. Statutory Amendment.
Summary Date: 4/12/07 Circulation Deadline: 09/10/07 Signatures Required: 433,971

Proponent: William S. Morris (209) 667-1948

Entitles workers injured “because of” their employment to receive medical treatment ordered from an unlimited number of licensed medical practitioners as chosen by the worker and without regard to the nature or location of practitioner. Eliminates need for preapproval of treatment provided that worker gives employer written notice of injury and employer does not file documents contesting liability. Eliminates employers’ right to challenge treatment, pharmaceuticals, or diagnostic evaluations. Provides for payment of services within 60 days and in accordance with established schedule of charges. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased annual state and local government costs—potentially in the mid-hundreds of millions of dollars—for workers’ compensation benefits for their employees. (07-0002.)

1240. (07-0005)

Redistricting. Constitutional Amendment.
Summary Date: 4/18/07 Circulation Deadline: 09/17/07 Signatures Required: 694,354

Proponent: Barry Fadem (925) 283-0581

Amends process for redistricting California’s Legislature, Board of Equalization, and U.S. House of Representative districts. Establishes Citizens Redistricting Commission comprised of 11 qualified registered voters formed by the Secretary of State pursuant to detailed selection process. Requires Commission to submit redistricting plan, consistent with specified criteria, after each national census. Requires Commission to hold public hearings and receive public input before finalizing the redistricting plan. Requires legal challenges to be made within 45 days of certification of plan. Subjects adopted plan to challenge by referendum. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potentially increased redistricting costs every ten years—probably of less than $1 million. Any such costs would be accommodated within the Legislature’s existing budget. (Initiative 07-0005.)

1241. (07-0007)

Redistricting. Constitutional Amendment.
Summary Date: 4/19/07 Circulation Deadline: 09/17/07 Signatures Required: 694,354

Proponent: Edward “Ted” Costa (916) 482-6175

Amends process for redistricting California’s Legislature, Board of Equalization, and U.S. House of Representative districts. Establishes Citizens Redistricting Commission comprised of 11 qualified registered voters formed by the Secretary of State pursuant to detailed selection process. Requires Commission to submit redistricting plan, consistent with specified criteria, after each national census. Requires Commission to hold public hearings and receive public input before finalizing the redistricting plan. Requires legal challenges to be made within 45 days of certification of plan. Subjects adopted plan to challenge by referendum. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Potential reduction in redistricting expenses of a few hundred thousand dollars every ten years. (Initiative 07-0007.)

1244. (07-0009)

Reimbursement of Legislators' Expenses. Constitutional Amendment.
Summary Date: 5/02/07 Circulation Deadline: 10/01/07 Signatures Required: 694,354

Proponent: Anita Anderson aapotrero@sbcglobal.net

Prohibits payment of per diem or any other compensation to Legislators for living expenses incurred in the performance of their legislative duties. Restricts reimbursement for travel expenses when the Legislature is in recess for more than three days to expenses incurred while traveling to and from certain meetings, conferences or other legislative functions held at least 20 miles from the legislator’s residence. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Reduced legislative living expenses of about $4.5 million annually. (Initiative 07-0009.)

1245. (07-0010)

Ban on Legislators’ Acceptance of Anything of Value from Lobbyists or Entities Who Employ Lobbyists. Constitutional Amendment.
Summary Date: 5/14/07 Circulation Deadline: 10/11/07 Signatures Required: 694,354

Proponent: Anita Anderson aapotrero@sbcglobal.net

Bans legislators from accepting anything from: (1) entities that are members of trade associations that employ a lobbyist or lobbying firm; (2) entities that engaged a lobbyist or lobbying firm during the preceding 12 months; or (3) lobbyists or lobbying firms. Requires public funds to be used to reimburse expenses for legislators who participate in a public policy meeting, conference or symposium funded, in whole or part, by a lobbyist, lobbying firm, lobbyist employer or trade association. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: This measure would have no significant fiscal impact. (Initiative 07-0010.)

1246. (07-0012)

Training for Mandated Reporters of Child Abuse and Neglect. Statutory Amendment.
Summary Date: 5/31/07 Circulation Deadline: 10/29/07 Signatures Required: 433,971

Proponent: Diana Evans (707) 643-3154

Requires school districts and county offices of education that employ persons who are required by law to report child abuse to train all employees and such training shall include the procedure for identifying and reporting child abuse and neglect. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Cost to Schools. Potential one-time costs ranging from less than $1 million to $45 million and potential ongoing costs ranging from less than $1 million to $4 million. Child Welfare and Foster Care Costs. Potential increased costs ranging from about $0.3 million to nearly $3 million for the state and ranging from about $0.2 million to about $2 million for counties. Costs to State Courts and Local Law Enforcement. Potential increased costs of less than $1 million to state courts and local law enforcement agencies. (Initiative 07-0012.)

1247. (07-0014)

Marriage. Elimination of Domestic Partnership Rights. Constitutional Amendment.
Summary Date: 6/14/07 Circulation Deadline: 11/13/07 Signatures Required: 694,354

Proponent: Larry Bowler and Randy Thomasson

Amends the California Constitution to provide that only marriage between one man and one woman is valid or recognized in California. Prohibits decreasing marriage rights shared by one man and one woman. Voids or makes unenforceable certain rights and obligations conferred by California law on same-sex and heterosexual couples registered as domestic partners, concerning subject areas including, but not limited to, community property, intestate succession, stepparent adoption, child custody, child support, hospital visitation, health care decisions for an incapacitated partner, insurance benefits, death benefits, and recovery for wrongful death. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown, but potential increased costs for state and local governments. The impact would depend in large part on future court interpretations. (Initiative 07-0014.)

1248. (07-0015)

Government Acquisition, Regulation of Private Property. Constitutional Amendment.
Summary Date: 6/25/07 Circulation Deadline: 11/26/07 Signatures Required: 694,354

Proponent: Doug Mosebar, Jon Coupal and Jim Nielsen (916) 444-9950

Bars state and local governments from condemning or damaging private property for private uses. Prohibits rent control and similar measures. Prohibits deference to government in property rights cases. Defines “just compensation.” Requires an award of attorneys fees and costs if a property owner obtains a judgment for more than the amount offered by the government. Requires government to offer to original owner of condemned property the right to repurchase property at condemned price when property is put to substantially different use than was publicly stated. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased costs to many governments due to the measure’s restrictions. The fiscal effect on most governments probably would not be significant. (Initiative 07-0015.)

1249. (07-0013, Amdt. #1S)

Mandatory Reporting of Pregnancies and Sexually Transmitted Infections in Minors as Abuse. Constitutional and Statutory Amendment.
Summary Date: 6/27/07 Circulation Deadline: 11/26/07 Signatures Required: 694,354

Proponent: John Smith

Requires that pregnancy of, diagnosis of sexually transmitted infection in, or miscarriage or abortion by, minor under 16 be defined and reported as evidence of criminal child abuse. Requires mandated reporters to state whether they believe sexual abuse occurred and to preserve physical evidence. Prevents courts from changing reporting requirements. Prohibits state payment for medical services unless reporting requirements are met. Criminalizes attempts to prevent reporting. Requires warning sign be posted in specified medical offices. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Health and Social Services Costs. Annual costs in the range of $4 million to $5 million for the state and about $2 million for counties, and potential one-time Medi-Cal automation costs unlikely to exceed a few million dollars. Costs to Local Law Enforcement and Courts. Annual costs in the range of $5 million to $6 million per year. Potential Offsetting Savings. Unknown, potential savings to the state in health care and public assistance costs from decreases in sexually transmitted diseases and teen pregnancy. (Initiative 07-0013.)

1250. (07-0016, Amdt. #1NS )

Requirements for Presidential Electors. Statute.
Summary Date: 7/2/07 Circulation Deadline: 11/29/07 Signatures Required: 433,971

Proponent: Anthony F. Andrade Jr. (916) 230-2123

Requires political parties to nominate a presidential elector from each congressional district and two additional statewide electors. Requires presidential electors to pledge that they will cast their ballots for the presidential and vice-presidential candidates who receive the plurality of votes in their congressional districts or, in the case of the statewide electors, for the candidates who receive the plurality of votes in the state. Eliminates compensation and reimbursement for travel expenses for presidential electors. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Reduced state expenses of less than $10,000 every four years. (Initiative 07-0016.)

1251. (07-0018)

Eminent Domain. Acquisition of Owner-Occupied Residence. Constitutional Amendment.
Summary Date: 7/5/07 Circulation Deadline: 12/03/07 Signatures Required: 694,354

Proponent: Christopher K. McKenzie, Susan Smartt and Kenneth Willis c/o Steve Lucas (415) 389-6800

Bars state and local governments from using eminent domain to acquire an owner-occupied residence, as defined, for conveyance to a private person or business entity. Creates exceptions for public work or improvement, public health and safety protection, and crime prevention. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: The measure would likely not have a significant fiscal impact on state or local governments. (Initiative 07-0018.)

1252. (07-0019)

Candidate Vote Requirement and Runoff Elections. Qualification of Unaffiliated Candidates. Statutory Amendment.
Summary Date: 7/11/07 Circulation Deadline: 12/10/07 Signatures Required: 433,971

Proponent: Connor Vlakancic (202) 558-7077

Mandates a runoff election when no candidate in a state or federal election receives more than 50 percent of the total votes cast for that office. Allows for exceptions in local elections. Allows candidates unaffiliated with a recognized political party to qualify for specified state and federal offices by gathering signatures from the voters who would be represented by the candidate. Establishes different signature requirements for qualification depending on whether the candidate has assistance from volunteers or professionals when gathering signatures. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential increase of state and county election expenses in the tens of millions of dollars for every four-year election cycle. (Initiative 07-0019.)

1253. (07-0020)

Marriage. Elimination of Domestic Partnership Rights. Constitutional Amendment.
Summary Date: 7/16/07 Circulation Deadline: 12/13/07 Signatures Required: 694,354

Proponent: Larry Bowler and Randy Thomasson

Provides that only marriage between one man and one woman is valid or recognized in California. Prohibits decreasing marriage rights shared by one man and one woman. Defines man and woman. Voids or makes unenforceable certain rights and obligations conferred by California law on same-sex and opposite-sex couples registered as domestic partners, concerning subject areas including, but not limited to, community property, intestate succession, stepparent adoption, child custody, child support, hospital visitation, health care decisions for an incapacitated partner, insurance benefits, death benefits, and recovery for wrongful death. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown, but potential increased costs for state and local governments. The impact would depend in large part on future court interpretations. (Initiative 07-0020.)

1254. (07-0022)

Limit on Marriage. Constitutional Amendment.
Summary Date: 7/16/07 Circulation Deadline: 12/13/07 Signatures Required: 694,354

Proponent: Dennis Hollingsworth, Gail J. Knight, Hak-Shing William Tam, Peter Henderson and Mark A. Jansson c/o Andrew Pugno (916) 608-3065

Amends the California Constitution to provide that only marriage between a man and a woman is valid or recognized in California. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: The measure would have no fiscal effect on state or local governments. This is because there would be no change to the manner in which marriages are currently recognized by the state. (Initiative 07-0022.)

---

Top | Qualified for 2008 Presidential Primary | Qualified for 2008 Statewide Direct Primary | Qualified for 2008 General | Pending Raw | Pending Sigs | Failed | Withdrawn | Circulating | Attorney General

Initiatives Pending at the Attorney General's Office
as of July 16, 2007

The list below reflects those proposed measures that have been submitted to the Attorney General for preparation of the title and summary that will appear on the initiative petitions. This process takes approximately 60 days; however, if amendments are submitted by the proponent the time period is lengthened. When the official summary is complete, the Attorney General forwards it to the proponent and to the Secretary of State. The Secretary of State then provides calendar deadlines to the proponent and to the county elections officials.

Attorney General # Due Date to Secretary of State	Subject	Proponent(s)
07-0017, Amdt. #2-S - 07/27/07	"Pothole Repair Funded by Online Poker"	Anthony Sandstrom
07-0021, Amdt. #1-S - 08/02/07	"Tangible Ballot Act of 2008"	Harry V. Lehmann
07-0023 - 07/17/07	"California Marriage Protection Act - Version 2"	Dennis Hollingsworth Gail J. Knight Hak-Shing William Tam Peter Henderson Mark A. Jansson
07-0024 - 08/13/07	"Public Employee Benefits Reform Act"	Keith Richman John Moorlach Kris Hunt
07-0025 - 08/15/07	"Citizens Fair Districts Act - Version 4"	Edward "Ted" Costa
07-0026 - 08/29/07	"The Voters' Right to Protect Marriage Initiative- Version 3"	Larry Bowler Randy Thomasson
07-0027, Amdt.#1-S - 08/30/07	"California Energy Independence and Zero Carbon Dioxide Emission Electrical Generation Act of 2008 "	Chuck DeVore
07-0028 - 08/30/07	"California Prevention of Farm Animal Cruelty Act"	Peter Brandt
07-0029 - 08/31/07	"The McCauley-Rooker Wealth Tax and Oceans Preservation Act - Version 2"	Paul McCauley
07-0030 - 09/04/07	"California Class Action Lawsuit Fairness Act"	Allan Zaremberg John Sullivan
07-0031 - 09/04/07	"California Flat Tax"	Rex Halverson