California Ballot Propositions 2000-2009

MARCH 5, 2000 | NOVEMBER 7, 2000

Voter Information Guide
Voter Results

1A

Gambling on Tribal Lands.
Legislative Constitutional Amendment

Art. IV § 19(f).

Modifies state Constitution's prohibition against casinos and lotteries, to authorize Governor to negotiate compacts, subject to legislative ratification, for the operation of slot machines, lottery games, and banking and percentage card games by federally recognized Indian tribes on Indian lands in California, in accordance with federal law. Authorizes slot machines, lottery games, and banking and percentage card games to be conducted and operated on tribal lands subject to the compacts.

12

Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000
(The Villaraigosa-Keeley Act)

Pub. Res. §§ 5096.300 et seq.

Provides for a bond issue of two billion one hundred million dollars ($2,100,000,000) to provide funds to protect land around lakes, rivers, and streams and the coast to improve water quality and ensure clean drinking water; to protect forests and plant trees to improve air quality; to preserve open space and farmland threatened by unplanned development; to protect wildlife habitats; and to repair and improve the safety of state and neighborhood parks. Appropriates money from state General Fund to pay off bonds.

13

Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Bond Act

Water §§ 79000 et seq.

This act provides for a bond issue of one billion nine hundred seventy million dollars ($1,970,000,000) to provide funds for a safe drinking water, water quality, flood protection, and water reliability program. Appropriates money from the General Fund to pay off bonds.

14

California Reading and Literacy Improvement and Public Library
Construction and Renovation Bond Act of 2000

Educ. §§ 19985 et seq.

This act provides for a bond issue of three hundred fifty million dollars ($350,000,000) to provide funds for the Construction and renovation of public library facilities in order to expand access to reading and literacy programs in California's public education system and to expand access to public library services for all residents of California Appropriates money from state General Fund to pay off bonds.

15

The Hertzberg-Polanco Crime Laboratories
Construction Bond Act of 1999

Penal §§ 14108 et seq.

Provides for a bond issue of two hundred twenty million dollars ($220,000,000) to provide funds for a program for the construction, renovation, and infrastructure costs associated with the construction of new local forensic laboratories and the remodeling of existing local forensic laboratories. Creates Forensic Laboratories Authority to consider and approve applications for construction and renovation of forensic laboratories. Appropriates money from General Fund to pay off bonds.

16

Veterans Homes Bond Act of 2000.

Mil. & Vet. §§ 1100 et seq.

This fifty million dollar ($50,000,000) bond issue will provide funding to the Department of Veterans Affairs for the purpose of designing and constructing veterans' homes in California and completing a comprehensive renovation of the Veterans' Home at Yountville. Funds from this bond shall be allocated to fund the state's matching requirement to construct or renovate those veterans' homes in Military and Veterans Code §1011 first, and then fund any additional homes established under this Act. Appropriates money from General Fund to pay off bonds.

17

Lotteries. Charitable Raffles.
Legislative Constitutional Amendment

Art. IV § 19(f)

Modifies current Constitutional prohibition against private lotteries to permit legislative authorization of raffles conducted by eligible private nonprofit organizations for the purpose of funding beneficial and charitable works. Requires at least 90% of a raffle's gross receipts to go directly to beneficial or charitable purposes in California, but permits this percentage to be later amended by statute passed by two-thirds vote of each house without voter approval.

18

Murder: Special Circumstances.
Legislative Initiative Amendment

Penal § 190.2(a)(17)(M)

Amends provisions of Penal Code §190 defining the special circumstances where first degree murder is punishable by either death or life imprisonment without the possibility of parole. Provides that a special circumstance exists for killings committed "by means of lying in wait" rather than "while lying in wait." Provides that a special circumstance exists where murder is committed while the defendant was involved in acts of kidnapping or arson, even if it is proved that the defendant had a specific intent to kill, and the kidnapping or arson was committed to facilitate murder.

19

Murder. BART and CSU Peace Officers
Legislative Initiative Amendment

Penal § 190

Existing law provides that the punishment for the murder in the second degree of specified peace officers is life without the possibility of parole if the crime occurs while the officer is on duty and aggravating factors are present. This measure specifies these enhanced sentence provisions would also apply when the victim is a peace officer employed by the Bay Area Rapid Transit District or the California State University System.

20

California State Lottery. Allocation for Instructional Materials
Legislative Initiative Amendment

Gov't § 8880.4(a)(2)

Amends Government Code section 8880.4 which provides that at least 34% of the total annual state lottery revenues shall be allocated to benefit public education. Provides that beginning with 1998-99 fiscal year and each fiscal year thereafter, one-half of the amount of the share allocated to public education that exceeds the amount allocated in fiscal year 1997-98 shall be allocated to school and community college districts for the purchase of instructional materials. The funds are distributed on the basis of an equal amount per unit of average daily attendance.

21

Juvenile Crime
Initiative Statute

Penal §§ 182.5, 186.22, 186.26 (repealed), 186.30, 186.31, 186.32, 186.33, 190.2, 594, 629.52, 667.1, 667.5, 1170.125, 1192.7, Welf. & Inst. §§ 602, 602.5, 625.3, 629, 654.3, 660, 663, 676, 707, 777, 781, 790, 827.1, 827.5, 827.6, 828.01, 1732.6

Increases punishment for gang-related felonies; death penalty for gang-related murder; indeterminate life sentences for home-invasion robbery, carjacking, witness intimidation and drive-by shootings; and creates crime of recruiting for gang activities; and authorizes wiretapping for gang activities. Requires adult trial for juveniles 14 or older charged with murder or specified sex offenses. Eliminates informal probation for juveniles committing felonies. Requires registration for gang related offenses. Designates additional crimes as violent and serious felonies, thereby making offenders subject to longer sentences.

22

Limit on Marriages
Initiative Statute

Fam. § 308.5

Adds a provision to the Family Code providing that only marriage between a man and a woman is valid or recognized in California.

23

'None of the Above' Ballot Option
Initiative Statute

Elec. §§ 400 et seq., 6480, 6620, 6821, 7035, 1132, 13204, 13205, 13208, 13210, 13211, 14441, 14442, 15151, 15276, 15277, 15374, 15375, 15501, 15502

Provides that in general, special, primary and recall elections for President, Vice President, United States House of Representatives and Senate, Governor, Lieutenant Governor, Attorney General, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, Insurance Commissioner, Board of Equalization, State Assembly and State Senate, voters may vote for "none of the above" rather than a named candidate. Votes for "none of the above" shall be tallied and listed in official election results, but will not count for purposes of determining who wins election.

24

Legislators' Compensation, Reapportionment
Initiative Constitutional Amendment

n/a

Art. III §§8 (g), Art. IV §§ 4 (b), 12 (h), Art. XXI §§ 1 and 2

Amends Constitution to reduce legislators' salary to $75,000. Provides $75.00 per day maximum payment for legislators' travel and living expenses, for up to 120 days, annually, while Legislature is in session. Allows Legislative adjustments to state officers' salaries and benefits when approved by voters. Requires forfeiture of Legislators' compensation if budget not passed by June 15 of each year. Allows payment of forfeited compensation if Legislature passes and voters approve payment at next regular election. Provides for the state Supreme Court to reapportion legislative and Board of Equalization boundaries, subject to voters' approval.
Removed from ballot by order of the California Supreme Court, Senate of the State of California v. Jones, 21 Cal. 4th 1142 (12/13/99).

25

Election Campaigns. Contributions and Spending Limits. Public Financing. Disclosures.
Initiative Statute

Elec. §§ 3513.5, 18521, 20300, Gov't §§ 82002.5, 82013, 82016, 82025, 83124, 84207, 84305.5, 84501 et seq., 84700 et seq., 85101 (repealed), 85102 (repealed), 85202, 85300 - 85307 (repealed), 85300 - 85313 (added), 85400 et seq., 85500 et seq., 85600 et seq., 88100 et seq., 89001, 89519 (repealed), 89519 (added)

Expands campaign contribution disclosure requirements, establishes contribution limits from single sources of $5,000 for statewide candidates, $3,000 for other candidates, $25,000 for political parties, and $50,000 total per election. Bans corporate contributions. Limits fund-raising to period 12 months before primary election and ninety days after election. Provides public financing of campaign media advertisements and voter information packets for qualifying candidates and ballot measure committees adopting spending limits ranging from $300,000 for Assembly primary race to $10,000,000 for Governor's race. Requires ballot pamphlet to list top contributors on ballot measures.

26

School Facilities. Local Majority Vote. Bonds, Taxes
Initiative Constitutional Amendment and Statute

Art. XIIIA, Art. XVI § 18, Educ. § 47614

Authorizes school, community college districts, and county education offices that evaluate safety, class size, information technology needs to issue bonds for construction, reconstruction, rehabilitation or replacement of school facilities if approved by majority of applicable jurisdiction's voters. New accountability requirements include annual performance, financial audits. Prohibits use of bonds for salaries or other school operating expenses. Requires that facilities be available to public charter schools. Authorizes property taxes higher than existing 1% limit by majority vote, rather than two-thirds currently required, as necessary to pay the bonds.

27

Elections. Term Limit Declarations for Congressional Candidates.
Initiative Statute

Elec. § 13107.5

Permits congressional candidates to voluntarily sign non-binding declaration of intention to serve no more than three terms in House of Representatives or two terms in the United States Senate. Requires placement of information on ballots and state-sponsored voter education materials when authorized by candidates. Candidates may appear on official ballot without submitting declaration. Declaration by winning candidate applies to future elections for same office.

28

Repeal of Proposition 10 Tobacco Surtax.
Initiative Statute

Rev. & Tax. § 30131.2, Health & Safety § 130105.1

Repeals additional $.50 per pack tax on cigarettes and equivalent increase in state tax on tobacco products previously enacted by Proposition 10 at November 3, 1998, election. Provides for elimination of funding for Proposition 10 early childhood development and smoking prevention programs. Prohibits imposition of additional surtaxes on distribution of cigarettes or tobacco products unless enacted by state legislature. Provides for termination of California Children and Families First Trust Fund once all previously collected taxes under Proposition 10 are appropriated and expended.

29

1998 Indian Gaming Compacts.
Referendum Statute

Gov't § 12012.5

A "Yes" vote approves, a "No" vote rejects a law, previously passed by the Legislature and signed by the Governor, that would: Formally approve 11 tribal-state compacts that were concluded in 1998; Provide procedures for approving future compacts; Declare the Governor responsible for negotiation of compacts; and authorize Governor to waive state's immunity to suit by tribes.

30

Insurance Claims Practices. Civil Remedies.
Referendum

Civ. §§ 2870 et seq., Civ. Proc. §§ 1776 et seq.

A "Yes" vote approves, a "No" vote rejects legislation that: restores right to sue another person's insurer for insurer's unfair claims settlement practices; allows such lawsuits only if insurer rejects a settlement demand and injured party obtains a larger judgment or award against insured party; bars such lawsuits against public entities; workers' compensation insurers; and professional liability insurers under certain circumstances; or if convicted of driving under the influence; authorizes requests for consensual binding arbitration of claims under $50,001 against parties covered by insurance. Insurers agreeing to arbitration cannot be sued for unfair practices.

31

Insurance Claims Practices. Civil Remedy Amendments.
Referendum

Civ. §§ 2870, 2871, Civ. Proc. § 1778, Ins. §1872.91

A "Yes" vote approves, a "No" vote rejects statutory provisions that: limit conditions under which injured party may sue another person's insurer for damages resulting from insurer's unfair claims settlement practices; limit emotional distress claims; limit property damage claims to those caused by motor vehicle incident; exempt professional liability insurers from unfair claims settlement practices suit if professional's consent is required for settlement and professional withholds consent; provide that an insurer requesting arbitration is presumed to act in good faith; add requirement that state auditor report on effect of Proposition 30, as amended.

32

Veterans' Bond Act of 2000
AB 2305

Mil. & Vet. §§ 998.300 et. seq.

This act provides for a bond issue of five hundred million dollars ($500,000,000) to provide farm and home aid for California veterans. Fiscal Impact: Costs of about $858 million over 25 years (average cost of about $34 million per year); costs paid by participating veterans.

33

Legislature. Participation in Public Employees' Retirement System.
ACA 12

Art. IV § 4.5

Allows legislative members to participate in the Public Employees' Retirement System plans in which a majority of state employees may participate. Fiscal Impact: Annual state costs under $1 million to provide retirement benefits to legislators, with these costs replacing other spending from the fixed annual amount provided in support of the Legislature.

34

Campaign Contributions and Spending. Limits. Disclosure.
SB 1223

Govt. §§ 82016, 82053, 83116, 83116.5, 83124, 84201, 84204, 84305.6, 84511, 85100 et. seq., 85301 et seq., 85400 et seq., 85500 et seq., 85600 et seq., 85700 et seq., 89510, 89519, 91000, 91004, 91005.5, and 91006

Limits campaign contributions and loans to state candidates and political parties. Provides voluntary spending limits; expands public disclosure requirements and increases penalties. Fiscal Impact: Additional net costs to the state, potentially up to several million dollars annually, and unknown but probably not significant costs to local government.

35

Public Works Projects. Use of Private Contractors for Engineering and Architectural Services.
Initiative

Art. XXII, Govt. § 4529.10 et seq.

Amends Constitution eliminating existing restrictions on state, local contracting with private entities for engineering, architectural services; contracts awarded by competitive selection; bidding permitted, not required. Fiscal Impact: Unknown impact on state spending for architectural and engineering services and construction project delivery. Actual impact will depend on how the state uses the contracting flexibility under the proposition.

36

Drugs. Probation and Treatment Program.
Initiative

Pen. §§ 1210 et seq., 3063.1, H&S §§ 11999.4 et seq.

Requires probation and drug treatment, not incarceration, for possession, use, transportation of controlled substances and similar parole violations, except sale or manufacture. Authorizes dismissal of charges after completion of treatment. Fiscal Impact: Net annual savings of $100 million to $150 million to the state and about $40 million to local governments. Potential avoidance of one-time capital outlay costs to the state of $450 million to $550 million.

37

Fees. Vote Requirements. Taxes.
Initiative

Art. XIIIA § 3 and Art. XIIIC § 1

Requires two-thirds vote of State Legislature, majority or two-thirds of local electorate to impose future state, local fees on activity to study or mitigate its environmental, societal or economic effects. Defines such fees as taxes except property, development, certain other fees. Fiscal Impact: Unknown, potentially significant, reduction in future state and local government revenues from making it more difficult to approve certain regulatory charges.

38

School Vouchers. State-Funded Private and Religious Education. Public Schoolfunding.
Initiative

Art. IX §§ 8.1, 8.3, 8.5, 8.7, 8.8

Authorizes annual state payments of at least $4000 per pupil for private/religious schools. Permits replacement of current constitutional public school funding formula. Fiscal Impact: Near-term state costs from zero to $1.1 billion annually. Long-term state impact from $2 billion in annual costs to $3 billion in annual savings, depending on how many public school students shift to private schools.

39

School Facilities. 55% Local Vote. Bonds, Taxes. Accountability Requirements.
Initiative

Art. XIIIA § 1, Art. XVI § 18, Educ. § 47614

Authorizes bonds for repair, construction or replacement of school facilities, classrooms, if approved by 55% local vote. Fiscal Impact: Increased bond debt for many school districts. Long-term costs statewide could total in the hundreds of millions of dollars annually. Potential longer-term state savings to the extent school districts assume greater responsibility for funding school facilities.