California Ballot Propositions 1990-1999

JUNE 2, 1998 | NOVEMBER 3, 1998

Voter Information Guide
Voter Results

219

Ballot measures Application.
1996 Cal. Res. 34
SCA 18

Art. II, §§ 8, 11; Art. IV, § 8.5; Art. XI, § 7.5.

Requires statewide/local ballot measure to apply in all parts of jurisdiction, regardless of how parts of jurisdiction voted. Prohibits alternative versions of measure from becoming law based upon specified vote percentage.

220

Courts. Superior & municipal court consolidation
1996 Cal. Res. 36.
SCA 4

Art. I, § 16, Art. VI, §§ 1, 4, 5, 6, 8, 10, 11, 16, 23.

Provides for consolidation of superior and municipal courts in county upon approval by majority of county's superior and municipal court judges. Makes related changes to court system.

221

Subordinate judicial officers. Discipline
1996 Cal. Res. 54
SCA 19

Art VI, § 18.1.

This measure grants Commission on Judicial discretionary authority to discipline subordinate judicial officers according to same standards as judges, as specified, subject to review by California Supreme Court.

222

Murder. Peace officer victim. Sentence credits
1997 Cal. Stat. 413
AB 446

Penal § 190.

Provides second degree murder of peace officer on duty is punishable by life in prison without parole where aggravating factors are present. Eliminates duplicative provision. Disallows person convicted of murder from earning credits to reduce the prison sentence.

223

Schools. Spending limits on administration
(Education efficiency initiative)
Initiative statute

Educ. §§ 46650 et seq.

Prohibits school districts from spending more than five percent of funds from all sources for administrative costs. Authorizes fines for failure to comply.

224

State-funded design and engineering services
(Government cost savings and taxpayer protection amendment)
Initiative constitutional amendment.

Art. VII, § 12.

Imposes restrictions on state funded design and engineering contracts. Requires cost comparison between private contractors and public employees performing work. Provides defined competitive bidding requirement.

225

Limiting congressional terms. Proposed U.S. constitutional amendment
(Congressional term limits act)
Initiative statute

Elec. §§ 10304.1 et seq.

Establishes as California's official position that state and federal legislators support U.S. Constitutional amendment establishing Congressional term limits and requires them to use their powers to enact Congressional term limits.

226

Political contributions by employees, union members, foreign entities
Initiative statute

Gov't. §§ 85320, 85990 et seq.

Requires employees or union member’s permission to withhold wages or union dues for political contributions. Prohibits foreign contributions to state or local candidates.

227

English language in public schools
(English language education for immigrant children)
Initiative statute
Suits to block anticipated

Educ. §§ 300 et seq.

Requires all public school instruction be in English, unless parents request otherwise and show certain circumstances. Provides short-term English immersion programs for children learning English. Funds community English instruction.

1A

Class size Reduction Kindergarten-University
Public Education Facilities Bond Act of 1998

Educ. §§ 100400 et seq.

This nine billion two hundred million dollar ($9,200,000,000) bond issue will provide funding for necessary education facilities for at least four years for class size reduction, to relieve overcrowding and accommodate student enrollment growth and to repair older schools and for wiring and cabling for education technology. Funds will also be used to upgrade and build new classrooms in community colleges, the California State University, and the University of California. These bonds may be used only for eligible Construction projects. Fiscal Impact: State cost of about $15.2 billion to pay off both the principal ($9.2 billion) and interest ($6 billion) on the bonds. The average payment for principal and interest over 25 years would be about $600 million per year. State cost of $160 million to offset all or part of school-related development fees borne by certain homebuyers and renters.

1

Property taxes: Contaminated property
Legislative Constitutional Amendment

Art. XIIIA § 2

Amends article XIII A of the Constitution, added by Proposition 13, to allow repair or replacement of environmentally-contaminated property or structures increasing the tax valuation of original or replacement property. Fiscal Impact: Property tax revenue losses probably less than $1 million annually in the near term to schools, counties, cities, and special districts. School revenue losses (about half of total) would be made up by the state.

2

Transportation Funding
Legislative Constitutional Amendment

Art. XIX §§ 6 (repealed), 6 (added), Art. XIXA

Imposes repayment conditions on loans of transportation revenues to the General Fund and local entities. Designates local transportation funds as trust funds and requires a transportation purpose for their use. Fiscal Impact: Not likely to have any fiscal impact on state and local governments.

3

Partisan presidential primary elections
Legislative Initiative Amendment

Elec. §§ 2151, 13203, 13206, 13300, 13301, 13302

Changes existing open primary law to require closed, partisan primary for purposes of selecting delegates to national political party presidential nominating conventions. Limits voting for such delegates to voters registered by political party. Provides partisan ballots to be voted only by members of the particular party. Fiscal Impact: Minor costs to state and governments statewide.

4

Trapping practices. Bans use of specified traps and animal poisons
Initiative statute

Fish & Game §§ 3003.1, 3003.2, 12005.5

Prohibits trapping fur-bearing or nongame mammals with specified traps. Prohibits commerce in fur of animals so trapped. Generally prohibits steel-jawed leghold traps on mammals. Prohibits use of specified poisons on animals. Fiscal Impact: Unknown state and local costs of several hundred thousand to in the range of a couple of million dollars annually, depending on workload and effectiveness of alternative trapping methods.

5

Tribal-State gaming compacts. Tribal casinos
Initiative statute
12/3/98 California Supreme Court has stayed implementation until final ruling on Constitutionality. Cases are Cortez v Wilson S07851 and Hotel Employees and Restaurant Employees International Union v Wilson S074850 whether Proposition 5 is fatally inconsistent with Art IV, §§ 19(e) of Cal. Constitution.

Gov't §§ 98000 et seq.

Specifies terms and conditions of mandatory compact between state and Indian tribes for gambling on tribal land. Allows slot machines and banked card games at tribal casinos. Fiscal Impact: Uncertain impact on state and local revenues, depending on the growth in gambling on Indian lands in California. Effect could range from little impact to significant annual revenue increases.

6

Criminal law. Prohibition on slaughter of horses and sale of horsemeat for human consumption
Initiative

Penal §§ 598c, 598d

Makes possession, transfer, or receipt of horses for slaughter for human consumption a felony. Makes sale of horsemeat for human consumption a misdemeanor. Fiscal Impact: Probably minor, if any, law enforcement and incarceration costs.

7

Air quality improvement. Tax credits
Initiative statute

Educ. §§ 41202, 41204.2, Gov't § 29531, Health & Safety §§ 44475.1 et seq., 42314.6, Pub. Res. §§ 4495 et seq., Rev. & Tax. §§ 17039, 17052, 23036, 23630

Authorizes $218 million in state tax credits annually, until January 2011, to encourage air-emissions reductions through the acquisition, conversion, and retrofitting of vehicles and equipment. Fiscal Impact: Annual state revenue loss averaging tens of millions to over a hundred million dollars, to beyond 2010. Annually, through 2010-11: state cost of about $4.7 million; additional local revenues, potentially in the millions of dollars. Potential unknown long-term savings.

8

Public schools. Permanent class size reduction. Parent-teacher councils. Teacher credentialing. Pupil suspension for drug possession. Chief inspector's office
Initiative statute

Educ. §§ 33250 et seq., 44252.9, 44253, 44256, 44256.1, 44258.3, 44259, 44280, 44310 et seq. (repealed), 48915, 52126, 52129, 52990 et seq.

Permanent class size reduction funding for districts establishing parent-teacher councils. Requires testing for teacher credentialing; pupil suspension for drug possession. Fiscal Impact: Creates up to $60 million in new state programs, offset in part by existing funds and fees. Local school districts' costs potentially in the high tens of millions of dollars annually.

9

Electric utilities. Assessments. Bonds
Initiative statute

Pub. Util. §§ 368.1, 367.1, 367.2, 840.1, 841.1, 1701.5, 394.15, 393, 330.1, 367, 368

Prohibits assessment of taxes, bonds, surcharges to pay costs of nuclear power plants. Limits recovery by electric companies for costs of non-nuclear power plants. Prohibits issuance of rate reduction bonds. Fiscal Impact: State government net revenue reductions potentially in the high tens of millions of dollars annually through 2001-02. Local government net revenue reductions potentially in the tens of millions of dollars annually through 2001-02.

10

State and county early childhood development programs. Additional tobacco surtax
Initiative statute

Art. XIIIA § 7, Art. XIIIB § 13, Health & Safety §§ 130100 et seq., Rev. & Tax. §§ 30131 et seq.

Creates state and county commissions to establish early childhood development and smoking prevention programs. Imposes additional taxes on cigarettes and tobacco products. Fiscal Impact: New revenues and expenditures of $400 million in 1998-99 and $750 million annually. Reduced revenues for Proposition 99 programs of $18 million in 1998-99 and $7 million annually. Other minor revenue increases and potential unknown savings.

11

Local sales and use taxes - revenue sharing
Legislative Constitutional Amendment

Art. XIII § 29

This measure would authorize local governments to voluntarily enter into sales tax revenue sharing agreements by a two-thirds vote of the local city council or board of supervisors of each participating jurisdiction. Fiscal Impact: No net change in total sales tax revenues going to cities and counties. Potential shift of sales tax revenues among cities and counties.