February 5, 2008

91

Transportation Funds
Initiative Constitutional Amendment

Art. XIX § 6; Art. XIXA § 1; Art. XIXB § 1; Art. XIXC § 1.

Prohibits certain motor vehicle fuel sales and use taxes, that are earmarked for the Transportation Investment Fund, from being retained in the General Fund. Currently such taxes may be retained if Governor issues a proclamation, a special statute is enacted by a 2/3 vote of the Legislature, repayment occurs within three years, and certain other conditions are met. Requires repayment by 6/30/17 of such vehicle fuel taxes retained in General Fund from 7/1/03 to 6/30/08. Currently repayment is generally required by 6/30/16. Changes how and when General Fund borrowing of certain transportation funds is allowed.

92

Community Colleges. Funding. Governance. Fees
Constitutional Amendment and Statute

Art. VII § 4; Art. IX §§ 17, 18, 19; Art. XVI § 8; Educ. §§ 41210 etc. (too many to list here).

Establishes in state constitution a system of independent public community college districts and Board of Governors. Generally, requires minimum levels of state funding for school districts and community college districts to be calculated separately, using different criteria and separately appropriated. Allocates 10.46 percent of current Proposition 98 school funding maintenance factor to community colleges. Sets community college fees at $15/unit per semester; limits future fee increases. Provides formula for allocation by Legislature to community college districts that would not otherwise receive general fund revenues through community college apportionment.

93

Limits on Legislators' Terms in Office
Initiative Constitutional Amendment

Art. IV § 2; Art. XX § 7.

Reduces the total amount of time a person may serve in the state legislature from 14 years to 12 years. Allows a person to serve a total of 12 years either in the Assembly, the Senate, or a combination of both. Provides a transition period to allow current members to serve a total of 12 consecutive years in the house in which they are currently serving, regardless of any prior service in another house.

94

Referendum on Amendment to Indian Gaming Compact: Pechanga

Gov. § 12012.49.

Ratifies amendment to existing gaming compact between the state and Pechanga Band of Luiseño Mission Indians; amendment would permit tribe to operate 5,500 additional slot machines; Omits certain projects from scope of California Environmental Quality Act; amendment provides for Tribal Environmental Impact Report and intergovernmental procedure to address environmental impact; Revenue paid by tribe to be deposited into General Fund; tribe would make $42,500,000 annual payment and pay percentage of revenue generated from the additional slot machines to the state.

95

Referendum on Amendment to Indian Gaming Compact: Morongo

Gov. § 12012.48.

Ratifies amendment to existing gaming compact between the state and Morongo Band of Mission Indians; amendment would permit tribe to operate 5,500 additional slot machines; Omits certain projects from scope of California Environmental Quality Act; amendment provides for Tribal Environmental Impact Report and intergovernmental procedure to address environmental impact; Revenue paid by tribe to be deposited into General Fund; amendment requires tribe to make $36,700,000 annual payment and pay percentage of revenue generated from additional slot machines to the state.

96

Referendum on Amendment to Indian Gaming Compact: Sycuan

Gov. § 12012.51.

Ratifies amendment to existing gaming compact between state and Sycuan Band of the Kumeyaay Nation; amendment would permit tribe to operate 3,000 additional slot machines; Omits certain projects from scope of California Environmental Quality Act; amendment provides for Tribal Environmental Impact Report and intergovernmental procedure to address environmental impact; Specifies where revenue paid by tribe pursuant to amendment deposited; amendment requires tribe to make $20,000,000 annual payment and pay percentage of revenue generated from the additional slot machines to the state.

97

Referendum on Amendment to Indian Gaming Compact: Agua Caliente

Gov. § 12012.46.

Ratifies amendment to existing gaming compact between the state and Agua Caliente Band of Cahuilla Indians; amendment would permit tribe to operate 3,000 additional slot machines; Omits certain projects from scope of California Environmental Quality Act; amendment provides for Tribal Environmental Impact Report and intergovernmental procedure to address environmental impact; Revenue paid by tribe to be deposited in General Fund; tribe would make $23,400,000 annual payment and pay percentage of revenue generated from the additional slot machines to the state.

June 3, 2008

98

Eminent Domain. Limits on Government Authority
Initiative Constitutional Amendment

Const. Art. I, §19

• Bars state and local governments from taking or damaging private property for private uses.
• Prohibits rent control and similar measures.
• Prohibits deference to government in takings cases.
• Defines “just compensation.”
• Requires an award of attorneys fees and costs if a property owner obtains a judgment for more than the amount offered by the government.
• Requires government to offer to original owner of condemned property the right to repurchase property at condemned price when property is put to substantially different use than was publicly stated.

99

Eminent Domain. Limits on Government Acquisition of Owner-Occupied Residence
Initiative Constitutional Amendment

Const. Art. I, §19

• Bars state and local governments from using eminent domain to acquire an owner-occupied residence, as defined, for conveyance to a private person or business entity.
• Creates exceptions for public work or improvement, public health and safety protection, and crime prevention.

November 4, 2008

1A

Safe, Reliable High-Speed Passenger Train Bond Act

Sts & Hwys. §§ 2704-2704.21

• Provides long-distance commuters with a safe, convenient, affordable, and reliable alternative to driving and high gas prices.
• Reduces traffic congestion on the state’s highways and at the state’s airports.
• Reduces California’s dependence on foreign oil.
• Reduces air pollution and global warming greenhouse gases.
• Establishes a clean, efficient 220 MPH transportation system.
• Improves existing passenger rail lines serving the state’s major population centers.
• Provides for California’s growing population.
• Provides for a bond issue of $9.95 billion to establish high-speed train service linking Southern California counties, the Sacramento/San Joaquin Valley, and the San Francisco Bay Area.
• Provides that at least 90% of these bond funds shall be spent for specific construction projects, with private and public matching funds required, including, but not limited to, federal funds, funds from revenue bonds, and local funds.
• Requires that use of all bond funds is subject to independent audits.
• Appropriates money from the General Fund to pay bond principal and interest.

2

Standards for Confining Farm Animals .
Initiative Statute

H & S §§  25990 – 25994

• Requires that calves raised for veal, egg-laying hens and pregnant pigs be confined only in ways that allow these animals to lie down, stand up, fully extend their limbs and turn around freely.
• Exceptions made for transportation, rodeos, fairs, 4-H programs, lawful slaughter, research and veterinary purposes.
• Provides misdemeanor penalties, including a fine not to exceed $1,000 and/or imprisonment in jail for up to 180 days.

3

Children's Hospital Bond Act. Grant Program
Initiative Statute

H & S §§ 1179.50-1179.72

• Authorizes $980,000,000 in bonds, to be repaid from state’s General Fund, to fund the construction, expansion, remodeling, renovation, furnishing and equipping of children’s hospitals.
• Designates that 80 percent of bond proceeds go to hospitals that focus on children with illnesses such as leukemia, cancer, heart defects, diabetes, sickle cell anemia and cystic fibrosis.
• Requires that qualifying children’s hospitals provide comprehensive services to a high volume of children eligible for governmental programs and meet other requirements.
• Designates that 20 percent of bond proceeds go to University of California general acute care hospitals.

4

Waiting Period and Parental Notification Before Termination of Minor's Pregnancy.
Initiative Constitutional Amendment

Const. Art. I § 32

• Changes California Constitution to prohibit abortion for unemancipated minor until 48 hours after physician notifies minor’s parent or legal guardian.
• Permits notification to certain adult relatives if doctor reports parent to law enforcement or Child Protective Services.
• Provides notification exceptions for medical emergency or parental waiver.
• Permits courts to waive notice based on clear and convincing evidence of minor’s maturity or best interests.
• Mandates reporting requirements, including reports from physicians regarding abortions on minors.
• Authorizes damages against physicians for violation.
• Requires minor’s consent to abortion, with exceptions.

5

Nonviolent Drug Offenses. Sentencing, Parole and Rehabilitation
Initiative Statute

Pen. §§ 1210.1-1210.05, 5050, 6026.01-6026.02, 6032, 6050.1, 6126.01 & multiple sections of Other codes

• Allocates $460,000,000 annually to improve and expand treatment programs for persons convicted of drug and other offenses.
• Limits court authority to incarcerate offenders who commit certain drug crimes, break drug treatment rules or violate parole.
• Substantially shortens parole for certain drug offenses; increases parole for serious and violent felonies.
• Divides Department of Corrections and Rehabilitation authority between two Secretaries, one with six year fixed term and one serving at pleasure of Governor. Provides five year fixed terms for deputy secretaries.
• Creates 19 member board to direct parole and rehabilitation policy.

6

Police and Law Enforcement Funding. Criminal Penalties and Laws
Initiative Statute

Pen  §§  32, 665, 136.1, 1464, 14027, 14260, 11166.6, & various sections of Evid, Gov., Veh, & W&I Codes.

• Requires minimum of $965,000,000 each year to be allocated from state General Fund for police, sheriffs, district attorneys, adult probation, jails and juvenile probation facilities. Some of this funding will increase in following years according to California Consumer Price Index.
• Makes approximately 30 revisions to California criminal law, many of which cover gang-related offenses. Revisions create multiple new crimes and additional penalties, some with the potential for new life sentences.
• Increases penalties for violating a gang-related injunction and for felons carrying guns under certain conditions.

7

Renewable Energy Generation
Initiative Statute

Pub. Util. §§  387, 399.11-399.15, 399.25, 1001, Pub. Res. § § 25107-25110, 25137, 25502, 25517, 25522, 25531, 25540, 25541 & multiple other sections of the Pub. Res. Code.

• Requires utilities, including government-owned utilities, to generate 20% of their power from renewable energy by 2010, a standard currently applicable only to private electrical corporations.
• Raises requirement for utilities to 40% by 2020 and 50% by 2025.
• Imposes penalties, subject to waiver, for noncompliance.
• Transfers some jurisdiction of regulatory matters from Public Utilities Commission to Energy Commission.
• Fast-tracks approval for new renewable energy plants.
• Requires utilities to sign longer contracts (20 year minimum) to procure renewable energy.
• Creates account to purchase rights-of-way and facilities for the transmission of renewable energy.

8

Const. Art. I, § 7.5

• Changes the California Constitution to eliminate the right of same-sex couples to marry in California.
• Provides that only marriage between a man and a woman is valid or recognized in California.

Const. Art. I § 28, Pen. §§679.026, 3041.5, 3043-3044.

• Requires notification to victim and opportunity for input during phases of criminal justice process, including bail, pleas, sentencing and parole.
• Establishes victim safety as consideration in determining bail or release on parole.
• Increases the number of people permitted to attend and testify on behalf of victims at parole hearings.
• Reduces the number of parole hearings to which prisoners are entitled.
• Requires that victims receive written notification of their constitutional rights.
• Establishes timelines and procedures concerning parole revocation hearings.

Pub. Res. §§ 26410-26437

• Provides $3.425 billion to help consumers and others purchase certain high fuel economy or alternative fuel vehicles, including natural gas vehicles, and to fund research into alternative fuel technology.
• Provides $1.25 billion for research, development and production of renewable energy technology, primarily solar energy with additional funding for other forms of renewable energy; incentives for purchasing solar and renewable energy technology.
• Provides grants to cities for renewable energy projects and to colleges for training in renewable and energy efficiency technologies.
• Total funding provided is $5 billion from general obligation bonds.

Const. Art. XXI title change & §§ 3.2-.3.4

• Changes authority for establishing Assembly, Senate, and Board of Equalization district boundaries from elected representatives to 14 member commission.
• Requires government auditors to select 60 registered voters from applicant pool. Permits legislative leaders to reduce pool, then the auditors pick eight commission members by lottery, and those commissioners pick six additional members for 14 total.
• Requires commission of five Democrats, five Republicans and four of neither party. Commission shall hire lawyers and consultants as needed.
• For approval, district boundaries need votes from three Democratic commissioners, three Republican commissioners and three commissioners from neither party.

Mil. & Vet. §§ 988.400 – 988.414

• This act provides for a bond issue of nine hundred million dollars ($900,000,000) to provide loans to California veterans to purchase farms and homes.
• Appropriates money from the state General Fund to pay off the bonds, if loan payments from participating veterans are insufficient for that purpose.

February 5, 2008

91

Transportation Funds
Initiative Constitutional Amendment

Art. XIX § 6; Art. XIXA § 1; Art. XIXB § 1; Art. XIXC § 1.

Prohibits certain motor vehicle fuel sales and use taxes, that are earmarked for the Transportation Investment Fund, from being retained in the General Fund. Currently such taxes may be retained if Governor issues a proclamation, a special statute is enacted by a 2/3 vote of the Legislature, repayment occurs within three years, and certain other conditions are met. Requires repayment by 6/30/17 of such vehicle fuel taxes retained in General Fund from 7/1/03 to 6/30/08. Currently repayment is generally required by 6/30/16. Changes how and when General Fund borrowing of certain transportation funds is allowed.

92

Community Colleges. Funding. Governance. Fees
Constitutional Amendment and Statute

Art. VII § 4; Art. IX §§ 17, 18, 19; Art. XVI § 8; Educ. §§ 41210 etc. (too many to list here).

Establishes in state constitution a system of independent public community college districts and Board of Governors. Generally, requires minimum levels of state funding for school districts and community college districts to be calculated separately, using different criteria and separately appropriated. Allocates 10.46 percent of current Proposition 98 school funding maintenance factor to community colleges. Sets community college fees at $15/unit per semester; limits future fee increases. Provides formula for allocation by Legislature to community college districts that would not otherwise receive general fund revenues through community college apportionment.

93

Limits on Legislators' Terms in Office
Initiative Constitutional Amendment

Art. IV § 2; Art. XX § 7.

Reduces the total amount of time a person may serve in the state legislature from 14 years to 12 years. Allows a person to serve a total of 12 years either in the Assembly, the Senate, or a combination of both. Provides a transition period to allow current members to serve a total of 12 consecutive years in the house in which they are currently serving, regardless of any prior service in another house.

94

Referendum on Amendment to Indian Gaming Compact: Pechanga

Gov. § 12012.49.

Ratifies amendment to existing gaming compact between the state and Pechanga Band of Luiseño Mission Indians; amendment would permit tribe to operate 5,500 additional slot machines; Omits certain projects from scope of California Environmental Quality Act; amendment provides for Tribal Environmental Impact Report and intergovernmental procedure to address environmental impact; Revenue paid by tribe to be deposited into General Fund; tribe would make $42,500,000 annual payment and pay percentage of revenue generated from the additional slot machines to the state.

95

Referendum on Amendment to Indian Gaming Compact: Morongo

Gov. § 12012.48.

Ratifies amendment to existing gaming compact between the state and Morongo Band of Mission Indians; amendment would permit tribe to operate 5,500 additional slot machines; Omits certain projects from scope of California Environmental Quality Act; amendment provides for Tribal Environmental Impact Report and intergovernmental procedure to address environmental impact; Revenue paid by tribe to be deposited into General Fund; amendment requires tribe to make $36,700,000 annual payment and pay percentage of revenue generated from additional slot machines to the state.

96

Referendum on Amendment to Indian Gaming Compact: Sycuan

Gov. § 12012.51.

Ratifies amendment to existing gaming compact between state and Sycuan Band of the Kumeyaay Nation; amendment would permit tribe to operate 3,000 additional slot machines; Omits certain projects from scope of California Environmental Quality Act; amendment provides for Tribal Environmental Impact Report and intergovernmental procedure to address environmental impact; Specifies where revenue paid by tribe pursuant to amendment deposited; amendment requires tribe to make $20,000,000 annual payment and pay percentage of revenue generated from the additional slot machines to the state.

97

Referendum on Amendment to Indian Gaming Compact: Agua Caliente

Gov. § 12012.46.

Ratifies amendment to existing gaming compact between the state and Agua Caliente Band of Cahuilla Indians; amendment would permit tribe to operate 3,000 additional slot machines; Omits certain projects from scope of California Environmental Quality Act; amendment provides for Tribal Environmental Impact Report and intergovernmental procedure to address environmental impact; Revenue paid by tribe to be deposited in General Fund; tribe would make $23,400,000 annual payment and pay percentage of revenue generated from the additional slot machines to the state.

June 3, 2008

98

Eminent Domain. Limits on Government Authority
Initiative Constitutional Amendment

Const. Art. I, §19

• Bars state and local governments from taking or damaging private property for private uses.
• Prohibits rent control and similar measures.
• Prohibits deference to government in takings cases.
• Defines “just compensation.”
• Requires an award of attorneys fees and costs if a property owner obtains a judgment for more than the amount offered by the government.
• Requires government to offer to original owner of condemned property the right to repurchase property at condemned price when property is put to substantially different use than was publicly stated.

99

Eminent Domain. Limits on Government Acquisition of Owner-Occupied Residence
Initiative Constitutional Amendment

Const. Art. I, §19

• Bars state and local governments from using eminent domain to acquire an owner-occupied residence, as defined, for conveyance to a private person or business entity.
• Creates exceptions for public work or improvement, public health and safety protection, and crime prevention.

November 4, 2008

1A

Safe, Reliable High-Speed Passenger Train Bond Act

Sts & Hwys. §§ 2704-2704.21

• Provides long-distance commuters with a safe, convenient, affordable, and reliable alternative to driving and high gas prices.
• Reduces traffic congestion on the state’s highways and at the state’s airports.
• Reduces California’s dependence on foreign oil.
• Reduces air pollution and global warming greenhouse gases.
• Establishes a clean, efficient 220 MPH transportation system.
• Improves existing passenger rail lines serving the state’s major population centers.
• Provides for California’s growing population.
• Provides for a bond issue of $9.95 billion to establish high-speed train service linking Southern California counties, the Sacramento/San Joaquin Valley, and the San Francisco Bay Area.
• Provides that at least 90% of these bond funds shall be spent for specific construction projects, with private and public matching funds required, including, but not limited to, federal funds, funds from revenue bonds, and local funds.
• Requires that use of all bond funds is subject to independent audits.
• Appropriates money from the General Fund to pay bond principal and interest.

2

Standards for Confining Farm Animals .
Initiative Statute

H & S §§  25990 – 25994

• Requires that calves raised for veal, egg-laying hens and pregnant pigs be confined only in ways that allow these animals to lie down, stand up, fully extend their limbs and turn around freely.
• Exceptions made for transportation, rodeos, fairs, 4-H programs, lawful slaughter, research and veterinary purposes.
• Provides misdemeanor penalties, including a fine not to exceed $1,000 and/or imprisonment in jail for up to 180 days.

3

Children's Hospital Bond Act. Grant Program
Initiative Statute

H & S §§ 1179.50-1179.72

• Authorizes $980,000,000 in bonds, to be repaid from state’s General Fund, to fund the construction, expansion, remodeling, renovation, furnishing and equipping of children’s hospitals.
• Designates that 80 percent of bond proceeds go to hospitals that focus on children with illnesses such as leukemia, cancer, heart defects, diabetes, sickle cell anemia and cystic fibrosis.
• Requires that qualifying children’s hospitals provide comprehensive services to a high volume of children eligible for governmental programs and meet other requirements.
• Designates that 20 percent of bond proceeds go to University of California general acute care hospitals.

4

Waiting Period and Parental Notification Before Termination of Minor's Pregnancy.
Initiative Constitutional Amendment

Const. Art. I § 32

• Changes California Constitution to prohibit abortion for unemancipated minor until 48 hours after physician notifies minor’s parent or legal guardian.
• Permits notification to certain adult relatives if doctor reports parent to law enforcement or Child Protective Services.
• Provides notification exceptions for medical emergency or parental waiver.
• Permits courts to waive notice based on clear and convincing evidence of minor’s maturity or best interests.
• Mandates reporting requirements, including reports from physicians regarding abortions on minors.
• Authorizes damages against physicians for violation.
• Requires minor’s consent to abortion, with exceptions.

5

Nonviolent Drug Offenses. Sentencing, Parole and Rehabilitation
Initiative Statute

Pen. §§ 1210.1-1210.05, 5050, 6026.01-6026.02, 6032, 6050.1, 6126.01 & multiple sections of Other codes

• Allocates $460,000,000 annually to improve and expand treatment programs for persons convicted of drug and other offenses.
• Limits court authority to incarcerate offenders who commit certain drug crimes, break drug treatment rules or violate parole.
• Substantially shortens parole for certain drug offenses; increases parole for serious and violent felonies.
• Divides Department of Corrections and Rehabilitation authority between two Secretaries, one with six year fixed term and one serving at pleasure of Governor. Provides five year fixed terms for deputy secretaries.
• Creates 19 member board to direct parole and rehabilitation policy.

6

Police and Law Enforcement Funding. Criminal Penalties and Laws
Initiative Statute

Pen  §§  32, 665, 136.1, 1464, 14027, 14260, 11166.6, & various sections of Evid, Gov., Veh, & W&I Codes.

• Requires minimum of $965,000,000 each year to be allocated from state General Fund for police, sheriffs, district attorneys, adult probation, jails and juvenile probation facilities. Some of this funding will increase in following years according to California Consumer Price Index.
• Makes approximately 30 revisions to California criminal law, many of which cover gang-related offenses. Revisions create multiple new crimes and additional penalties, some with the potential for new life sentences.
• Increases penalties for violating a gang-related injunction and for felons carrying guns under certain conditions.

7

Renewable Energy Generation
Initiative Statute

Pub. Util. §§  387, 399.11-399.15, 399.25, 1001, Pub. Res. § § 25107-25110, 25137, 25502, 25517, 25522, 25531, 25540, 25541 & multiple other sections of the Pub. Res. Code.

• Requires utilities, including government-owned utilities, to generate 20% of their power from renewable energy by 2010, a standard currently applicable only to private electrical corporations.
• Raises requirement for utilities to 40% by 2020 and 50% by 2025.
• Imposes penalties, subject to waiver, for noncompliance.
• Transfers some jurisdiction of regulatory matters from Public Utilities Commission to Energy Commission.
• Fast-tracks approval for new renewable energy plants.
• Requires utilities to sign longer contracts (20 year minimum) to procure renewable energy.
• Creates account to purchase rights-of-way and facilities for the transmission of renewable energy.

8

Const. Art. I, § 7.5

• Changes the California Constitution to eliminate the right of same-sex couples to marry in California.
• Provides that only marriage between a man and a woman is valid or recognized in California.

Const. Art. I § 28, Pen. §§679.026, 3041.5, 3043-3044.

• Requires notification to victim and opportunity for input during phases of criminal justice process, including bail, pleas, sentencing and parole.
• Establishes victim safety as consideration in determining bail or release on parole.
• Increases the number of people permitted to attend and testify on behalf of victims at parole hearings.
• Reduces the number of parole hearings to which prisoners are entitled.
• Requires that victims receive written notification of their constitutional rights.
• Establishes timelines and procedures concerning parole revocation hearings.

Pub. Res. §§ 26410-26437

• Provides $3.425 billion to help consumers and others purchase certain high fuel economy or alternative fuel vehicles, including natural gas vehicles, and to fund research into alternative fuel technology.
• Provides $1.25 billion for research, development and production of renewable energy technology, primarily solar energy with additional funding for other forms of renewable energy; incentives for purchasing solar and renewable energy technology.
• Provides grants to cities for renewable energy projects and to colleges for training in renewable and energy efficiency technologies.
• Total funding provided is $5 billion from general obligation bonds.

Const. Art. XXI title change & §§ 3.2-.3.4

• Changes authority for establishing Assembly, Senate, and Board of Equalization district boundaries from elected representatives to 14 member commission.
• Requires government auditors to select 60 registered voters from applicant pool. Permits legislative leaders to reduce pool, then the auditors pick eight commission members by lottery, and those commissioners pick six additional members for 14 total.
• Requires commission of five Democrats, five Republicans and four of neither party. Commission shall hire lawyers and consultants as needed.
• For approval, district boundaries need votes from three Democratic commissioners, three Republican commissioners and three commissioners from neither party.

Mil. & Vet. §§ 988.400 – 988.414

• This act provides for a bond issue of nine hundred million dollars ($900,000,000) to provide loans to California veterans to purchase farms and homes.
• Appropriates money from the state General Fund to pay off the bonds, if loan payments from participating veterans are insufficient for that purpose.