Initiatives and Referenda Cleared for Circulation

The Attorney General prepares a circulating title and summary of the chief purpose and points of a proposed initiative measure. Proposed initiative measures are cleared for circulation on the day the circulating 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.

Please note: Counties have 8 working days after a proposed initiative measure's circulation deadline (Elections Code section 9030 (b)) to notify the Secretary of State's Office if any petition signatures were received. If no signatures are submitted, a proposed initiative measure will fail on the 9th working day after its circulation deadline.

 

1857. (18-0006A1)
Changes Requirements for Certain Property Owners When Transferring Their Property Tax Base to Replacement Property. Initiative Constitutional Amendment and Statute.
Summary Date: 10/10/18 | Circulation Deadline: 04/17/19 | Signatures Required: 585,407
Proponents: Alexander E. Creel

Removes the following requirements for homeowners who are over 55 or severely disabled to transfer property tax base to replacement residence: that replacement property be of equal or lesser value; that replacement property be in an eligible county; and that transfer occur only once. Removes location and replacement-value requirements on transfers of contaminated or disaster-destroyed property. Adjusts replacement property’s tax base, based on market value. Limits tax benefit for eligible familial transfers. Expands circumstances triggering corporate property reassessment. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Local governments and schools each could gain or lose low tens of millions of dollars of property tax revenue per year, likely growing over time. State school spending would increase (decrease) by an amount similar to school property tax losses (gains). Other local and state revenues each could increase by tens of millions of dollars per year. County property tax administration costs likely would increase by tens of millions of dollars per year. (18-0006)

1858. (18-0007)
Repeals Law Requiring Certain Law Enforcement to Collect and Report Specified Data on Stops and Searches. Initiative Statute.
Summary Date: 10/10/18 | Circulation Deadline: 04/17/19 | Signatures Required: 365,880
Proponents: Mark Averbeck

Repeals provision in the Racial and Identity Profiling Act of 2015 that requires state and local agencies that employ peace officers to collect specified data on all stops and searches, including the reason for the stop or search, and perceived race, ethnicity, gender, and age of person stopped, and to report such data to the Attorney General annually. Reduces transparency by eliminating mandated data collection about stops and searches used by Attorney General, other law enforcement officials, the public, and researchers to identify and prevent racial and identity profiling. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Reduction in and avoidance of ongoing state and local law enforcement costs—potentially in the high tens of millions of dollars annually—related to eliminating various stop-related data collection, reporting, and analysis requirements. Potential avoidance of one-time state and local law enforcement costs—ranging from relatively minor to the tens of millions of dollars—related to technology and equipment improvements. (18-0007)

1859. (18-0008)
Eliminates Certain 2011 Criminal Justice Measures. Initiative Statute
Summary Date: 10/10/18 | Circulation Deadline: 04/17/19 | Signatures Required: 365,880
Proponents: Mark Averbeck

Requires that individuals sentenced for certain non-serious, non-violent, and nonsexual felonies after November 3, 2020 serve their time in state prison—rather than in county jail, as 2011 law requires. Requires that individuals released on parole for these low-level felonies after November 3, 2020 be supervised by state parole authorities rather than county probation departments. After November 3, 2020, prohibits courts from suspending the concluding portion of the prison sentence of individuals convicted of these low-level felonies and placing such felons on mandatory supervision by county authorities. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased state criminal justice system costs of around a billion dollars annually, due to an increase in the state prison and parole populations. Net reduction in county criminal justice system costs likely in the hundreds of millions of dollars annually that are currently supported by realignment revenues provided by the state, due to a decline in county correctional populations. The state would have various options to offset some or all of its increased costs—including changing the amount of realignment revenue counties receive and/or county responsibilities. Such actions would offset some or all of the reductions in county costs. (18-0008.)

1860. (18-0010)
Removes Responsibility and Funding for State Highway Construction and Maintenance from State. Transfers Such Responsibility and Funding to Individual Local Governments. Ends State High-Speed Rail Project. Constitutional Amendment
Summary Date: 11/30/18 | Circulation Deadline: 05/28/19 | Signatures Required: 585,407
Proponents: Carl deMaio

Shifts responsibility for constructing and maintaining state highways from the state to local governments. Allocates revenues from state motor vehicle fuel taxes to local governments for road construction and repair by private, non-governmental entities. Allocates revenues from state taxes and fees on vehicles to local governments for road construction and repairs, and mass transit. Terminates funding for state’s high-speed rail project. Requires State Auditor to audit certain transportation projects and Department of Motor Vehicles. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: A shift of roughly $10 billion in outgoing state revenues from state and local non transportation programs to local transportation programs. Increased ongoing state spending of several billions annually to backfill certain programs affected by this shift. Also, roughly $12 billion in existing ongoing state revenues for transportation would be provided to local governments. A shift of up to hundreds of millions of dollars ongoing from certain state and local programs to the enforcement of traffic and vehicle laws. Potential increased ongoing spending by the state and local governments to backfill programs affected by this shift. Reduced state expenditures on the high-speed rail project in the tens of billions of dollars from stopping the project. (18-0010)

1861. (18-0011)
Allows For Jury Trails in Child-Custody and Dependent-Child Determinations. Initiative Statute.
Summary Date: 01/09/19 | Circulation Deadline: 07/08/19 | Signatures Required: 632,212
Proponents: Erin O’Doherty, Charles H. Eldredge, Manu Martinez, Wylmina Hettinga

Gives parties in child-custody matters the right to demand that a jury, rather than a judge, determine who receives legal custody of the child. Prohibits the judge from rejecting a jury’s joint-child-custody decision. Provides that findings in dependent-child proceedings, in which a juvenile may be declared a dependent of the court, can be made by a judge or jury. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown ongoing net fiscal impact on state courts that would depend significantly on (1) how the measure is interpreted and implemented by the courts and (2) how individuals respond to the ability to demand a jury trial in child custody and juvenile dependency jurisdictional hearings. Potential ongoing increase in county costs that could reach the low millions of dollars annually related to juvenile dependency jurisdictional cases—some or all of which could be shifted to the state. (18-0011.)

 

 

*Elections Code section 9034 requires that once proponent(s) of a proposed initiative measure have gathered 25% of the number of signatures required (currently 91,740 for an initiative statute and 146,352 for a constitutional amendment) proponent(s) must immediately certify that they have done so under penalty of perjury to the Secretary of State.

Upon receipt of the certification, the Secretary of State must provide copies of the proposed initiative measure and the circulating title and summary to the Senate and the Assembly. Each house is required to assign the proposed initiative measure to its appropriate committees and hold joint public hearings, at least 131 days before the date of the election at which the measure is to be voted on. However, the Legislature cannot amend the proposed initiative measure or prevent it from appearing on the ballot.