California Ballot Propositions 2000-2009

MARCH 2, 2004 | NOVEMBER 2, 2004

Voter Information Guide
Voter Results

55

Kindergarten-University Public Education Facilities Bond Act of 2004
AB 16

Educ. §§ 100800 et seq.

This act provides for a bond issue of twelve billion three hundred million dollars ($12,300,000,000) to fund necessary education facilities to relieve overcrowding and to repair older schools. Funds will be targeted to areas of greatest need and must be spent according to strict accountability measures. Funds will also be used to upgrade and build new classrooms in the California Community Colleges, the California State University, and the University of California, to provide adequate higher education facilities to accommodate growing student enrollment. Appropriates money from General Fund to pay off bonds.

56

State Budget, Related Taxes, and Reserve. Voting Requirements. Penalties
Initiative

Art. IV § 12; Elec. § 9082.8; Gov. § 9518

Permits Legislature to enact budget and budget-related tax and appropriation bills with 55% vote rather than 2/3 vote currently required. Requires that Legislature, Governor permanently lose salary, expenses for each day budget is late. Requires that Legislature stay in session until budget is passed. Requires budget summary in state ballot pamphlet and link to Internet website with legislators' voting records on budget and related taxes. Requires 25% of certain state revenue increases be deposited in reserve fund, which cannot be used to increase spending.

57

The Economic Recovery Bond Act
ABX5 9

Gov. §§ 99050 et seq.

A one time Economic Recovery Bond of up to fifteen billion dollars ($15,000,000,000) to pay off the state's accumulated General Fund deficit as of June 30, 2004. The Economic Recovery Bond will only be issued if the California Balanced Budget Act is also approved by the voters. The bonds will be secured by existing tax revenues and by other revenues that could be deposited in a special fund.

58

The California Balanced Budget Act
ACAX5 5

Art. IV §§ 10, 12; Art. XVI §§ 1.3, 20

Requires enactment of a balanced budget where General Fund expenditures do not exceed estimated General Fund revenues. Allows the Governor to proclaim a fiscal emergency in specified circumstances, and submit proposed legislation to address the fiscal emergency. Requires the Legislature to stop other action and act on legislation proposed to address the emergency. Establishes a budget reserve. Provides that the California Economic Recovery Bond Act is for a single object or work. Prohibits any future deficit bonds.

1A

Protection of Local Government Revenues
SCA 4

Art. XI §15; Art. XIII §25.5; Art. XIIIB §6

Protects local funding for public safety, health, libraries, parks, and other locally delivered services. Prohibits the State from reducing local governments’ property tax proceeds. Allows the provisions to be suspended only if the Governor declares a fiscal necessity and two-thirds of the Legislature approve the suspension. Suspended funds must be repaid within three years. Also requires local sales tax revenues to remain with local government and be spent for local purposes. Requires the State to fund legislative mandates on local governments or suspend their operation.

59

Public Records, Open Meetings
SCA 1

Art. I §3

Provide right of public access to meetings of government bodies and writings of government officials. Provide that statutes and rules furthering public access shall be broadly construed, or narrowly construed if limiting access. Require future statutes and rules limiting access to contain findings justifying necessity of those limitations. Preserve constitutional rights including rights of privacy, due process, equal protection; expressly preserves existing constitutional and statutory limitations restricting access to certain meetings and records of government bodies and officials, including law enforcement and prosecution records. Exempts Legislature's records and meetings.

60

Election Rights of Political Parties
SCA 18

Art. II §5

Provides the right for political party participating in a primary election for partisan office to also participate in the general election for that office. Candidate receiving most votes from among that party's candidates in primary election for state partisan office cannot be denied placement on general election ballot.

60A

Surplus Property
SCA 18

Art. III §9

Dedicates proceeds from sale of surplus state property purchased with General Fund monies to payment of principal, interest on Economic Recovery Bonds approved in March 2004. When those bonds are repaid, surplus property sales proceeds directed to Special Fund For Economic Uncertainties.

61

Children's Hospital Projects. Grant Program
Initiative

H. & S. §§1179.10 et seq.

Authorizes $750,000,000 in general obligation bonds, to be repaid from state's General Fund, for grants to eligible children's hospitals for construction, expansion, remodeling, renovation, furnishing and equipping children's hospitals. 20% of bonds are for grants to specified University of California general acute care hospitals; 80% of bonds are for grants to general acute care hospitals that focus on children with illnesses such as leukemia, heart defects, sickle cell anemia and cystic fibrosis, provide comprehensive services to a high volume of children eligible for government programs, and that meet other stated requirements.

62

Elections. Primaries
Initiative

Art. II §5; Elec. §§(too many to list here, see text of proposed law)

Requires primary elections where all voters may vote for any state or federal candidate regardless of how a voter or candidate is registered. Exempts presidential nominations and elections of party central committees. Only the two primary-election candidates receiving most votes for an office, whether they are candidates with "no party" or members of same or different party, would be listed on general election ballot. In special primary election, candidate receiving majority vote is elected. Requires political party's consent for identification of candidates' party registration on ballot and in other official election publications.

63

Mental Health Services Expansion, Funding
Initiative

W. & I. §§(too many to list here, see text of proposed law); Rev. & Tax. §§17043, 19602 et seq.

Provides funds to counties to expand services and develop innovative programs and integrated service plans for mentally ill children, adults and seniors. Requires state to develop mental health service programs including prevention, early intervention, education and training programs. Creates commission to approve certain county mental health programs and expenditures. Imposes additional 1% tax on taxpayers' taxable personal income above $1 million to provide dedicated funding for expansion of mental health services and programs. Prohibits state from decreasing funding levels for mental health services below current levels.

64

Limits on Private Enforcement of Unfair Business Competition Laws
Initiative

B. & P. §§17203, 17206, 17535, 17356

Limits individual's right to sue by allowing private enforcement of unfair business competition laws only if that individual was actually injured by, and suffered financial/property loss because of, an unfair business practice. Requires private representative claims to comply with procedural requirements applicable to class action lawsuits. Authorizes only the California Attorney General or local government prosecutors to sue on behalf of general public to enforce unfair business competition laws. Limits use of monetary penalties recovered by Attorney General or local government prosecutors to enforcement of consumer protection laws.

65

Local Government Funds, Revenues. State Mandates
Initiative

Art. XIIIE

Requires voter approval for any legislation that provides for any reduction, based on January 1, 2003 levels, of local governments’ vehicle license fee revenues, sales tax powers and revenues, and proportionate share of local property tax revenues. Permits local government to suspend performance of state mandate if state fails to reimburse local government within 180 days of final determination of state-mandated obligation; except mandates requiring local government to provide/modify: any protection, benefit or employment status to employee/retiree, or any procedural/substantive employment right for employee or employee organization.

66

Limitations on "Three Strikes" Law. Sex Crimes. Punishment
Initiative

Pen. §§289, 667, 667.1, 667.5, 1192,7; W. & I. §707

Amends "Three Strikes" law to require increased sentences only when current conviction is for specified violent and/or serious felony. Redefines violent and serious felonies. Only prior convictions for specified violent and/or serious felonies, brought and tried separately, would qualify for second and third "strike" sentence increases. Allows conditional re-sentencing of persons with sentences increased under "Three Strikes" law if previous sentencing offenses, resulting in the currently charged felony/felonies, would no longer qualify as violent and/or serious felonies. Increases punishment for specified sex crimes against children.

67

Emergency Medical Services. Funding. Telephone Surcharge
Initiative

Rev. & Tax. §§41020.5, 41135, 41136.5, 41136.6; H. & S. §§(too many to list here, see text of proposed law); W. & I. §§(too many to list here, see text of proposed law)

Provides funding to physicians for uncompensated emergency care, hospitals for emergency services, community clinics for uncompensated care, emergency personnel training/equipment, and emergency telephone system improvements. Funded by addition of 3% to existing surcharge rate on telephone use within California, portions of tobacco taxes, and criminal and traffic penalties. Limits surcharge collected by residential telephone service providers to 50 cents per month. Monthly cap does not apply to cell phones or business lines. Excludes funding from government appropriations limitations, and telephone surcharge from Proposition 98's school spending requirements.

68

Non-Tribal Commercial Gambling Expansion. Tribal Gaming Compact Amendments. Revenues, Tax Exemptions
Initiative

Art. IV §19; Art. XVI §8.3; Art. XIIIB §14; B. & P. §§19609, 19805.5, 19985, 19962, 19963, 19817; Gov. §§12012.6, 12012.75

Authorizes Governor to negotiate tribal compact amendments requiring that Indian tribes pay 25% of slot machine/gaming device revenues to government fund, comply with multiple state laws, and accept state court jurisdiction. If compacted tribes don't unanimously accept required amendments within 90 days, or if determined unlawful, authorizes sixteen specified non-tribal racetracks and gambling establishments to operate 30,000 slot machines/gaming devices, paying 33% of net revenues to fund government public safety, regulatory, social programs. Provides exemption from specified state/local tax increases.

69

DNA Samples. Collection. Database. Funding
Initiative

Pen. §§295 et seq.; Gov. §76104.6

Requires collection of DNA samples from all felons, and from adults and juveniles arrested for or charged with specified crimes, and submission to state DNA database; and; in five years, from adults arrested for or charged with any felony. Authorizes local law enforcement laboratories to perform analyses for state database and maintain local database. Specifies procedures for confidentiality and removing samples from databases. Imposes additional monetary penalty upon certain fines/forfeitures to fund program. Designates California Department of Justice to implement program, subject to available moneys: Authorizes $7,000,000 loan from Legislature for implementation.

70

Tribal Gaming Compacts. Exclusive Gaming Rights. Contributions to State
Initiative

Art. IV §19; Gov. §12012.80

Upon request by federally-recognized Indian tribe, Governor must execute renewable 99-year gaming compact. Grants exclusive tribal gaming rights; no limits on number of machines, facilities, types of games on Indian land. Tribes contribute percentage of net gaming income, based on prevailing state corporate tax rate, to state fund. Contributions cease if non-tribal casino-type gaming is permitted. Contributions are in lieu of any other fees, taxes, levies. Requires off-reservation impact assessments, public notice/comment opportunities before significant expansion or construction of gaming facilities.

71

Stem Cell Research. Funding. Bonds
Initiative

Art. XXXV; H. & S. §§12590.10 et seq.; Gov. §20069

Establishes "California Institute for Regenerative Medicine" to regulate stem cell research and provide funding, through grants and loans, for such research and research facilities. Establishes constitutional right to conduct stem cell research; prohibits Institute's funding of human reproductive cloning research. Establishes oversight committee to govern Institute. Provides General Fund loan up to $3 million for Institute's initial administration/implementation costs. Authorizes issuance of general obligation bonds to finance Institute activities up to $3 billion subject to annual limit of $350 million. Appropriates monies from General Fund to pay for bonds.

72

Health Care Coverage Requirements
Initiative

Lab. §§2120 et seq.; H. & S. § 1357.20 et seq.; W. & I. §14124.916; Gov. §6254

Provides for individual and dependent health care coverage for employees, as specified, working for large and medium employers; Requires that employers pay at least 80% of coverage cost; maximum 20% employee contribution; Requires employers to pay for health coverage or pay fee to medical insurance board that purchases primarily private health coverage; Applies to employers with 200 or more employees beginning 1/1/06; Applies to employers with 50 to 199 employees beginning 1/1/07. Applies to employers with 20 to 49 employees if tax credit enacted.