Bond Measure    
SB 1856 (Chapter 697, 2002). Costa.

Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century.*

*Note: The Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century was originally scheduled to appear on the November 2, 2004, General Election ballot. However, subsequent legislation (Senate Bill 1169, Chapter 71, Statutes of 2004) provides for the submission of this Act to the voters on the November 7, 2006, General Election ballot instead.

1052. (SA04RF0013)

School Holiday. Children's Human Rights. Initiative Statute.
Summary Date: 04/14/04 Circulation Deadline: 09/13/04 Signatures Required: 373,816

Proponent: Miguel Angel Vega, (909) 889-3147

Creates an annual school holiday dedicated to children. Requires school closure on holiday with appropriate recognition of student accomplishments. Requires the Governor to send a message that day to all children in the United States to encourage them to study or practice a sport. Codifies as California law the Convention on the Rights of the Child, an international treaty recognizing a variety of civil, political, economical, social, and cultural rights of children. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would have little or no fiscal impact on state and local governments.

1053. (SA04RF0015)

Public Benefits. Eligibility. Payment of Taxes. Initiative Constitutional Amendment.
Summary Date: 04/14/04 Circulation Deadline: 09/13/04 Signatures Required: 598,105

Proponent: Hector Alvarado, (323) 312-0505

Amends the California Constitution to provide that no person shall be denied a state or local public benefit if he or she proves payment of at least one local, state or federal tax and if he or she is otherwise eligible for benefits based on income, resources, age, and physical disability. Defines "public benefit" broadly to include education, housing, welfare, health care, developmental services, mental health services, financial assistance, and various other services provided by local and state government. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: State and local health and social services costs of several billion dollars annually. Loss of nonresident tuition revenues of about $400 million per year and annual Cal Grant costs of about $20 million.

1054. (SA04RF0014)

Personal Income Taxes. Collection. Procedures. Initiative Statute.
Summary Date: 04/20/04 Circulation Deadline: 09/17/04 Signatures Required: 373,816

Proponent: Thomas Lomax

Changes personal income tax law to permit child support deduction. Before tax lien or levy is permitted, court must find taxpayer was provided complete information and Franchise Tax Board cooperated to resolve dispute. Bars increased liability for Board errors and delays. Prohibits attachments, seizures in excess of judgment amount. Gives taxpayer right to: installment payments; same auditor throughout audit; receive notices by registered or certified mail; lien removal 90 days after dispute resolution; records being kept at office nearest to taxpayer; rules and instructions written at 12th-grade level; request court-ordered review. 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 General Fund fiscal effects: reductions in state revenues from the deductibility of child support payments in the low tens of millions of dollars annually; and annual tax administration costs likely in excess of $10 million annually.

1055. (SA04RF0016)

Marriage. Call for National Constitutional Convention. Initiative Constitutional Amendment.
Summary Date: 05/12/04 Circulation Deadline: 10/12/04 Signatures Required: 598,105

Proponent: Brenda Smart

Amends California Constitution to require that until Congress proposes an amendment to United States Constitution that either: (a) defines marriage as between a man and a woman; or (b) ensures each State's right to define marriage, the California Legislature shall, before passing any new legislation, call for a United States Constitutional Convention. Requires the Legislature to facilitate California's participation in the Constitutional Convention. Provides that legislative mandate continues until the described Constitutional amendment is adopted. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would have potentially minor one-time state costs.

1056. (SA04RF0017, Amdt. #1-S)

Population Policy. Legislative Directive. Initiative Statute.
Summary Date: 05/18/04 Circulation Deadline: 10/15/04 Signatures Required: 373,816

Proponent: Franklin L. Banker (916) 962-6019

Declares California is experiencing extreme population crisis that is economically and environmentally unsustainable. Requires Governor and Legislature to develop comprehensive population policy that enhances quality of life and preserves the environment. Mandates this population policy expand access to family planning, encourage small families and responsible sexual behavior, and stop illegal immigration. Prohibits driver's licenses, reduced college tuition, or other benefits to illegal immigrants. Instructs California's congressional delegation to sponsor federal legislation limiting the yearly number of legal immigrants to the United States to 300,000. Summary of estimate by Legislative Analyst and Director of finance of fiscal impact on state and local governments: The measure could have the following major fiscal effects: (1) Program savings to the state due to reduced expenditures for certain public services. These savings could be in the low hundreds of millions of dollars annually. (2) Potentially major one-time costs, with annual costs in the tens of millions of dollars, to verify citizenship or immigration status of persons receiving benefits.

1057. (SA04RF0018)

Redistricting. Initiative Constitutional Amendment.
Summary Date: 06/04/04 Circulation Deadline: 10/29/04 Signatures Required: 598,105

Proponent: Edward J. "Ted" Costa (916) 482-6175

Amends state constitutional provisions governing redistricting of Congressional, Senate, Assembly, and Board of Equalization districts. Establishes criteria for drawing new election district boundaries, following next national census. Provides for appointment of 3-member panel of retired judges to prepare proposed redistricting plans; specifies panel selection criteria. Requires panel to consider proposals submitted by electors and/or legislators, hold public hearings, and submit proposed redistricting plan to Legislature. Provides process for redistricting plans to be approved by Legislature, Governor, and/or voters. Authorizes elector challenge to redistricting plan in California Supreme Court. 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 redistricting costs, potentially totaling several million dollars.

1058. (SA04RF0020)

Reapportionment. Initiative Constitutional Amendment.
Summary Date: 07/06/04 Circulation Deadline: 12/03/04 Signatures Required: 598,105

Proponent: Edward J. "Ted" Costa (916) 482-6175

Amends state constitutional provisions governing redistricting of California's Assembly, Senate, Board of Equalization and Congressional districts. Provides for three-member panel of retired judges to adopt new redistricting plan if this measure passes and again after each national census. Panel required to consider legislative and voter proposals and hold public hearings. Plan becomes effective when unanimously adopted by judges' panel and filed with Secretary of State; if plan not subsequently approved by voters, process repeats. Specifies time for judicial review of adopted redistricting plan; if plan fails to conform to requirements, court may order new plan. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: One-time state redistricting costs, probably totaling a few million dollars, with comparable savings for each redistricting effort after 2010 (once every ten years). These costs and savings would be accommodated within the Legislature's existing spending limit.

1059. (SA04RF0021)

Frivolous Court Filings. Payment of Legal Costs. State Bar Notice. Initiative Statute.
Summary Date: 07/08/04 Circulation Deadline: 12/06/04 Signatures Required: 373,816

Proponent: Robert McCracken (626) 919-8290

Requires losing party and lawyer in frivolous civil lawsuit, as defined, to pay legal costs of prevailing party. Judge required to give written explanation for dismissing or continuing case when party claims opponent's court filing is frivolous, and to notify State Bar if judge sanctions attorney or law firm for frivolous filing, with cost of notification paid by sanctioned attorney or firm. State Bar must recommend discipline if three sanction notices received against same attorney or law firm within five year period. Measure inapplicable to small claims actions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would result in an unknown, but probably minor absorbable cost to the state.

1060. (SA04RF0019, Amdt. #2-NS)

Parental Notification and Waiting Period Before Termination of Minor's Pregnancy. Initiative Constitutional Amendment.
Summary Date: 07/12/04 Circulation Deadline: 12/09/04 Signatures Required: 598,105

Proponents: Paul E. Laubacher and Barbara R. Laubacher (916) 381-5222

Amends California Constitution to prevent an abortion on unemancipated minor until 48 hours after physician notifies minor's parent or legal guardian, except in medical emergency or with parental waiver of notice. Permits judicial waiver of notice based on minor's best interests or clear and convincing evidence of minor's maturity. Authorizes monetary damages and attorney's fees for violation. Physician must report abortions on minors; State shall compile statistics. Minor must consent to abortion except in medical emergency, and minor may apply to juvenile court for relief from coercion. 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.

1061. (SA04RF0022)

California Petroleum Commission. Initiative Statute.
Summary Date: 07/14/04 Circulation Deadline: 12/13/04 Signatures Required: 373,816

Proponent: Celes King (323) 841-1440

Creates seven-member Commission to regulate privately owned petroleum companies, whether publicly traded or privately held. Three commissioners appointed by Governor; remainder elected. Commission shall: establish maximum rates for petroleum fuels sold in California; license petroleum producers/facilities; set license fee; determine need for additional facilities and may order their construction as condition of license renewal; determine whether petroleum facilities may be abandoned/sold; limit cumulative profits of producers/facilities to 5% above costs; promote use of petroleum alternatives; provide consumer complaint forum; adopt regulations; establish/collect civil penalties; refer criminal violations to district attorneys. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure could potentially result in annual state costs of up to $40 million for regulatory activities of the Commission, partially offset by fee revenues; its net fiscal impact on state and local revenues is unknown, but could result in reductions in these revenues if regulations cause decreases in producers' profits and investment and economic activity generally, with reductions potentially offset by revenue increases resulting from increased economic activity generated by lower retail petroleum prices to consumers.

1062. (SA04RF0023, Amdt. #1-S)

Restrictions on Sex-Related Instruction in Public Schools. Initiative Statute.
Summary Date: 08/06/04 Circulation Deadline: 01/03/05 Signatures Required: 373,816

Proponent: Tony Andrade (916) 230-2123

Prohibits public elementary school instruction on specified sex-related subjects. Requires daily advance written parental notification and approval for every day of such instruction in grades 7 through 12. Exceptions for students 18 years of age, for federally-approved disease-prevention instruction and student requests for confidential counseling with school psychologist or peace officer. Specifies content and format of notice, including parents' rights, description of information to be taught and materials or sources to be used. Provides school district liability of $5,000 per violation plus attorney's fees and court costs. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Additional costs to school districts from parent notification regarding sex education topics, potentially in the low millions of dollars annually.

Waiting Period and Parental Notification Before Termination of Minor's Pregnancy. Initiative Constitutional Amendment.
Summary Date: 08/26/04 Circulation Deadline: 01/24/05 Signatures Required: 598,105

Proponents: Paul E. Laubacher and Barbara R. Laubacher (916) 381-5222

Amends California Constitution to prohibit abortion on unemancipated minor until 48 hours after physician notifies minor's parent/legal guardian, except in medical emergency or with parental waiver of notice. Permits judicial waiver of notice based on minor's best interests or clear and convincing evidence of minor's maturity. Authorizes monetary damages for violation. Physician must report abortions performed on minors; State shall compile statistics. Minor must consent to abortion except in medical emergency or unless mentally incapable. Permits judicial relief if minor's consent to abortion is coerced. 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.

Car Decal Program. Initiative Statute.
Summary Date: 09/08/04 Circulation Deadline: 02/07/05 Signatures Required: 373,816

Proponent: Betty A. Rochelle

Requires California Department of Motor Vehicles (DMV) to make 12 decorative vehicle decals available for public purchase (one decal per month) for an annual fee of $240 plus DMV's cost to administer program. Proceeds required to be deposited in an "I Helped Save the Golden State" fund created in the State Treasury, and shall only be used, upon legislative appropriation, for education, social service, parks and recreation, and environmental protection programs in the state. Decals cannot obstruct license place recognition, and shall be available at DMV locations open to public and other designated locations. 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: Unknown increase in state revenues, depending on the number of program participants, available for expenditure for specified programs. Unknown increased administrative costs to DMV offset by participant fees.

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)
SA04RF0026, Amdt. #1-NS - 09/24/04	Save Our License	Sen. Richard Mountjoy (ret.) Jeff Evans Mike Spence Victor Valenzuela
SA04RF0028 - 10/06/04	Citizen Legislature Act [Version Two]	Edward J. "Ted" Costa
SA04RF0029, Amdt. #1-S - 11/01/04	Cutoff Time for Alcohol Sales	Jeff Rainforth

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