California Ballot Propositions 1980-1989

JUNE 8, 1982 | NOVEMBER 2, 1982

1

New prison construction bond act of 1981.
1981 Cal. Stat. 273
SB 153

Penal §§ 7100 - 11

Bond issue of $495,000,000 to be used for the construction of the state prisons.

2

President of Senate.
1980 Cal. Res. 94
SCA 33

Art V § 9

Repeals constitutional provision that Lieutenant Governor is President of Senate.

3

Taxation. Real property tax valuation. Change in ownership.
1982 Cal. Res. 5
ACA 4

Art XIIIA § 2

Provides that "change in ownership" does not include the acquisition of real property as a replacement for comparable property if the person acquiring the real property has been displaced from the property replaced by eminent domain proceedings, by acquisition by a public entity or governmental action resulting in a judgment of inverse condemnation. Applies to property acquired after March 1, 1975, for assessments made after date this measure takes effect.

4

Bail.
1982 Cal. Res. 6
ACA 14

Art I § 12

Adds provisions to the Constitution prohibiting release of persons on bail when court makes specified findings. Release on felony offenses is prohibited where: (1) Acts of violence on another person are involved and court finds substantial likelihood the person's release would result in great bodily harm to others. (2) The person has threatened another with great bodily harm and court finds substantial likelihood the person would carry out the threat. In fixing bail, requires court to consider seriousness of offense, previous criminal record and probability of appearance at trial. Retain existing provisions regarding releases on bail.

5

Gift & inheritance taxes
(Proponent Miller).
Initiative statute

Rev. & Tax. §§ 13301 - 2, 15101 et seq.

Repeals existing statutes governing gift and inheritance taxes. Prohibits imposition of gift or inheritance taxes. Reenacts state "pickup" tax on decedents' estates at rate set by schedule of credits for state death taxes under specified provisions of the U.S. Internal Revenue Code. Requires Legislature to provide for collection and administration of this tax.

6

Gift & inheritance tax
(Proponent Rogers).
Initiative statute

Rev. & Tax. §§ 13301 - 3, 15101 et seq.

Repeals existing statutes governing gift and inheritance taxes. Prohibits imposition of such taxes by state or local government. Reenacts state "pickup" tax on decedents' estates measured by maximum credit against federal estate taxes allowed by federal law and provides that combined estate tax liability to California and United States cannot exceed tax liability to United States for property located in California if state tax not imposed. Requires Legislature provide for collection and administration of this tax.

7

Income tax indexing.
Initiative statute

Rev. & Tax. § 17041

Graduated state personal income tax brackets are adjusted annually by applying an "inflation adjustment factor" determined by use of the percent that the California Consumer Price Index has changed. Under existing statutes, the full percentage change in the Index is being used for 1980 and 1981 taxable years. Beginning in 1982 and for later taxable years the Index percentage changes which exceed 3 percent will be used. Changes existing statutes by providing for the continued use during 1982 and taxable years thereafter of the full percentage Index changes.

8

Criminal justice. (The victims' bill of rights)
Initiative statutes & constitutional amendment

Art I §§ 12, 28; Penal §§ 25, 667, 1191, 1192.7, 3043; Welf. & Inst. §§ 1732.5, 1767, 6331

Amends constitution and enacts several statutes concerning procedural treatment, sentencing, release and other matters for accused and convicted persons. Includes provisions regarding restitution to victims from persons convicted of crimes, right to safe schools, exclusion of relevant evidence, bail, use of prior felony convictions for impeachment purposes or sentence enhancement, abolishing defense of diminished capacity, use of evidence regarding mental disorder, proof of insanity, notification and appearance of victims at sentencing and parole hearings, restricting plea bargaining, Youth Authority commitments and other matters.

9

Water facilities including a peripheral canal.
1980 Cal. Stat. 632
SB 200

Water §§ 11108-, 11255-, 11456-, 11460, 11915.2

Designates additional facilities and programs, including a peripheral canal as units of Central Valley Project. Specify requirements regarding feasibility, environmental impacts, design, construction, operation, financing and protection and enhancement of fish and wildlife for project units. Requires compliance with designated water quality standards and conditions. Specify other responsibilities and matters.

10

Reapportionment: Congressional districts.
1981 Cal. Stat. 535
AB 301

Elec. §§ 30030 et seq

Revises boundaries of the 43 congressional districts and adds 2 new congressional districts.

11

Reapportionment: Senate districts.
1981 Cal. Stat. 536
SB 99

Elec. §§ 30020 -

Revises the boundaries of the 40 Senate districts and adopts provision imposing time and other limitations on redistricting court challenges.

12

Reapportionment: Assembly districts.
1981 Cal. Stat. 537
AB 300

Elec. §§ 30000-

Revises the boundaries of the 80 Assembly districts and adopts other provisions relating to redistricting and placing an initiative or referendum on the ballot.

1

State school building lease-purchase bond law of 1982.
1982 Cal. Stat. 410
SB 3006

Educ. §§ 17680 - 93

Bond issue of $500,000,000 to provide capital outlay for construction or improvement of public schools.

2

County jail capital expenditure bond act of 1981.
1982 Cal. Stat. 34
SB 910

Penal §§ 4400-22

Provides for the construction, reconstruction, remodeling and replacement of county jails and the performance of deferred maintenance thereon pursuant to a bond issue of $280,000,000.

3

Veterans bond act of 1982.
1982 Cal. Stat. 304
AB 3571

Mil. & Vet. §§ 998.052 - 062

Bond issue of $450,000,000 to provide farm and home aid for California veterans.

4

Lake Tahoe acquisition acquisitions bond act.
1982 Cal. Stat. 1982
SB 12

Gov't. §§66950 - 66

Provides funding for the purchase of property in the Lake Tahoe Basin, which is necessary to prevent the environmental decline of this unique natural resource, to protect the waters of Lake Tahoe from further degradation and to preserve the scenic and recreational values of Lake Tahoe. The amount provided by this act is $85,000,000.

5

First-time home buyers bond act of 1982.
1982 Cal. Stat. 320
AB 3507

Health & Safety §§ 52525-33

Bond issue of $200,000,000 to provide funds for financing housing.

6

Public pension fund investment.
1982 Cal. Res. 38
SCA 21

Art XVI § 17

Permits authorizing public pension and retirement systems to instead invest up to 60 percent in such common stock and, within 60 percent, 5 percent in stock of corporations not meeting certain present standards. Permits Legislature, within both limitations, to authorize 0.5 percent investment in corporations whose assets are in non publicly traded equity instruments. Provides assets of public pension or retirement funds are trust funds. Prescribes fiduciary standards for their investment.

7

Taxation. Real property valuation. New construction.
1982 Cal. Res. 49
ACA 53

Art XIIIA § 2(e)

Adds to existing definitions and allowed exceptions a provision that the Legislature may provide that the term "newly constructed" shall not include the construction or addition of any fire sprinkler system or fire alarm system, as defined by the Legislature, provided that the construction or addition is not required by state law or local ordinance.

8

Transfer of funds by local governments.
1982 Cal. Res. 60
ACA 56

Art XVI § 6

The Constitution provides exception from the lending of credit and gift restrictions for the making of specified temporary transfers of fund to counties, cities, districts and other political subdivisions to meet their obligations incurred for maintenance purposes. Presently funds so transferred may not exceed 85 percent of "taxes" accruing to this political subdivision and must be replaced from "taxes" accruing before any other obligations are met from "taxes." This amendment modifies the limitation to 85 percent of "anticipated revenues" and requires repayment from "revenues' accruing before any other obligations are met from "revenues."

9

School textbooks. Nonpublic schools.
1982 Cal. Res. 66
SCA 40

Art IX §§ 7.5, 8

Authorizes Legislature to provide that textbooks available to pupils attending public schools may be loaned on library-type basis to pupils entitled to attend public schools but who attend nonpublic schools which do not exclude pupils from enrollment because of race or color. Specifies that authorizing a textbook loan program shall not be construed as authorizing provision of instructional materials other than textbooks; that appropriations for the textbook loan program shall not be made from funds budgeted for support of public schools; and that so providing textbooks is not an appropriation for school support.

10

Unifying superior, municipal & justice courts.
1982 Cal. Res. 67
ACA 36

Art VI § 5

Provides Legislature may authorize a county to unify municipal and justice courts within superior court upon approval by majority vote of county electors. Upon unification, provides for municipal and, unless Legislature provides otherwise, justice court judges become superior court judges; authorizes Legislature to provide powers and duties of former municipal and justice court judges during balance of terms; requires Legislature to prescribe number and compensation of judges and court enforcement officers and provide for

11

Beverage container reuse and recycling act. Beverage containers.
Initiative statute

Pub. Res. §§ 14500 - 41

Requires that beverage containers sold, or offered for sale, on or after March 1, 1984, have a refund value, established by the distributor, of not less than 5 cents. Requires that dealers and distributors pay the refund value on return of empty container. Provides for establishment of redemption centers. Provides for handling fees for dealers and redemption centers. Prohibits manufacturer from requiring a deposit from a distributor on a nonrefillable container. Contains definitions, specified exceptions, conditions and other matters. Provides violation of statute is an infraction punishable by fine.

12

Bilateral nuclear weapons freeze initiative. Nuclear weapons.
Initiative statute

Stats. 1982, pg. A-276

Identifies the people's concern about the danger of nuclear war between the U.S. and the U.S.S.R. and states findings and declarations regarding this. It requires the Governor of California to write a specified communication to the President of the United States and other identified U.S. officials urging that the U.S. government propose to the Soviet Union government that both countries agree to immediately halt the testing, production and further deployment of all nuclear

13

Water resources. (Water resources conservation & efficiency act)
Initiative statute

Water §§ 15000 - 405

Provides (1) Interbasin water transfers - requires development and implementation of specified water conservation programs for annual appropriations of more than 20,000 acre-feet. (2) Instream appropriations - allows for fishery, wildlife, recreational, aesthetic, scientific, scenic, water quality and other uses. (3) Stanislaus River and New Melones Dam - specifies conditions concerning water storage and uses. (4) Groundwater - declares 11 named basins critical overdraft areas and establishes management authorities in these with specified duties and powers, including authority to limit, control or prohibit groundwater extractions. Contains policy statements, enforcement and other provisions.

14

Reapportionment by districting commission or Supreme Court.
Initiative constitutional amendment

Art IV §§ 1, 6; IVA, VI § 17, XXI,

Repeals Legislature's power over reapportionment. Establishes Districting Commission. Commission given exclusive authority to specify State Senate, Assembly, Equalization Board, and congressional district boundaries. Specifies criteria for establishing districts. Provides method of choosing commissioners having designated qualifications selected by appellate court justice panel and political party representatives. Requires districting plans be adopted for 1984 elections and following each decennial census thereafter. Specifies commission's duties and responsibilities. Provides for open meetings, procedures, public hearings and judicial review. Retains referendum power. Requires Supreme Court action if districting plans not adopted within specified times.

15

Guns.
Initiative statute

Penal §§ 12001.1 - 12082

Requires that all concealable firearms (handguns) be registered by November 2, 1983. Makes registration information confidential. Specifies procedures concerning sale and transfer of handguns by dealers and private parties. Restricts Legislature from banning ownership of shotguns, long rifles or registered handguns and from requiring registration of shortguns or long rifles. Limits number of handguns to number in circulation in California on April 30, 1983. Specifies violation penalties, including imprisonment for certain violations. Provides specified civil damage liability upon unlawful transfer of concealable firearms. Contains other provisions.