Politichaos

Resolving the Ruckus

2018 Primary

Featured
Proposition 68
Proposition 68

California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018

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Proposition 69
Proposition 69

Motor vehicle fees and taxes: restriction on expenditures: appropriations limit

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Proposition 70
Proposition 70

Greenhouse Gas Reduction Reserve Fund

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Proposition 71
Proposition 71

Ballot measures: effective date

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Proposition 72
Proposition 72

Property tax: new construction exclusion: Rainwater capture system

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California 2016

State Assembly (76th District)

Propositions

Proposition 51

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School Bonds. Funding for K-12 School and Community College Facilities.

initiative statute

*PASSED*

Official Summary

Authorizes $9 billion in general obligation bonds: $3 billion for new construction, $3 billion for modernization of of K-12 public school facilities, $500 million for charter schools,$500 million for vocational education facilities, $2 billion for Community Colleges facilities.

Fiscal Impact: State costs of about $17.6 billion to pay off both the principal ($9 billion) and interest ($8.6 billion) on the bonds. Payments of about $500 million per year for 35 years.

Notes

  • project monies taken from new 2016 State Schools Facilities Fund and 2016 California Community College Capital Outlay Bond Fund
  • appropriates money from the general fund to pay off bonds
  • items using Community College money must have average useful life of 10 years, seismic retrofitting given priority
  • last state facility bond in 2006; today the state has virtually no remaining funding from previous school/community college bonds
  • new construction: state funding 50%, local funding 50%
  • modernization projects: state funding 60%, local funding 40%
  • modernization projects for charter/tech ed schools: state funding 50%, local funding 50%

Proposition 52

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Medi-Cal Hospital Fee Program.

initiative constitutional amendment & statute

*PASSED*

Official Summary

Extends indefinitely an existing statute that imposes fees on hospitals to fund Medi-Cal health care services, care for uninsured patients, and children’s health coverage.

Fiscal Impact: Uncertain fiscal effect, ranging from relatively little impact to annual state General Fund savings of around $1 billion and increased funding for public hospitals in the low hundreds of millions of dollars annually.

Notes

  • extends current statute indefinitely - Hospital Quality Assurance Fees imposed on hospitals to obtain federal matching funds (since 2009, set to expire 2018)
    • 2015-2016 fees = $4.6 B paid by hospitals (used as matching funds for federal funding), $3.7 B paid to hospitals by Medi-Cal, $4.4 B paid to hospitals by federal govt; State General Fund savings $850 M
  • Federal government will need to approve extension for hospitals to continue to receive federal funding
    • if federal extension does not happen, this fee goes away
  • fee could end only by 2/3 vote of ballot proposition measure, not by legislature or simple majority
  • Constitutional Amendment portion: fees do not count as revenue toward Prop 98 funding requirement (school funding based on general fund monies brought in)

Proposition 53

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Revenue Bonds. Statewide Voter Approval.

"No Blank Checks Initiative"

initiative constitutional amendment

*pending*

Official Summary

Requires statewide voter approval before any revenue bonds can be issued or sold by the state for certain projects if the bond amount exceeds $2 billion.

Fiscal Impact: State and local fiscal effects are unknown and would depend on which projects are affected by the measure and what actions government agencies and voters take in response to the measure's voting requirement.

Notes

  • Requires statewide voter approval for revenue bond of projects over $2 Billion that are financed, owned, operated or managed by the state (alone or with a partner)
  • $2 Billion amount is in current dollars, and would be adjusted for inflation going forward
  • Currently,statewide voter 2/3 approval is necessary for all general obligation bonds but not revenue bonds.
  • general obligation bonds have lower interest rates than revenue bonds
  • Prohibits dividing big projects into pieces under $2 Billion, if they are geographically proximate or dependent on each other
  • "project" not defined, and would need claification by the courts
  • Applies to revenue bonds
  • Very few projects exceed $2 Billion. Possible future projects: WaterFix project to move water through Sacramento-San Joaquin River Delta and California High-Speed Rail project (this is mentioned multiple times as an example by those in favor of this proposition, and is in the text of the law) .

Proposition 54

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Legislature. Legislation and Proceedings.

"California Legislature Transparency Act"

initiative constitutional amendment & statute

*PASSED*

Official Summary

Prohibits Legislature from passing any bill unless published on Internet for 72 hours before vote, except in the case of an emergency. Requires Legislature to record its proceedings and post on Internet. Authorizes use of recordings.

Fiscal Impact: One-time costs of $1 million to $2 million and ongoing costs of about $1 million annually to record legislative meetings and make videos of those meetings available on the Internet.

Notes

  • authorizes any person to record legislative proceedings by audio or video, except closed session proceedings
  • allows recordings to be used for any "legitimate" purpose without payment of any fees to state
  • requires that the Legislature records all meetings (except closed sessions) and have those recordings available on the internet within 24 hours, downloadable for 20 years
  • Exemption for "emergency": Governor has declared a state of emergency, and 2/3 of house votes to pass the bill faster than 72 hour waiting period allows
  • State Constitution currently requires meetings that are not closed-door of Legislature to be open to the public; live videos of most of these meetings are available on the internet, archived and available for use.
  • Currently, these recordings cannot be used for political or commercial purposes.

Proposition 55

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Tax Extension to Fund Education and Healthcare.

"California Children's Education snd Health Care Protection Act of 2016"

initiative constitutional amendment

*PASSED*

Official Summary

Extends by twelve years the temporary personal income tax increases enacted in 2012 on earnings over $250,000, with revenues allocated to K–12 schools, California Community Colleges, and, in certain years, healthcare.

Fiscal Impact: Increased state revenues—$4 billion to $9 billion annually from 2019–2030—depending on economy and stock market. Increased funding for schools, community colleges, health care for low–income people, budget reserves, and debt payments.

Notes

  • extends Prop 30 tax increase on taxable income for singles over $263k, joint over $526k, HOH over $340k:
    • extra 1% for $263k-$316k(s), $526k-$632k(j)
    • extra 2% for $316k-$526k(s), $632k-$1,053k(j)
    • extra 3% for over $526k(s), $1,053k(j)
  • original hike enacted in 2012, set to expire 2018, this extends it through 2030
  • affects approx 1.5% of taxpayers
  • Allocates revenues: 89% K-12 schools, 11% California Community Colleges
  • funding for health care up to $2 Billion, depending on whether general fund revenues exceed education spending plus cost of government programs in place on Jan 1, 2016. If so, 50% of the excess (up to $2 B) would go to Medi-Cal. The rest would go to budget reserves, debt payment and programs enacted since Jan 1, 2016.
  • Prop 30 sales tax hike of .25% will expire at the end of 2016

Proposition 56

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Cigarette Tax to Fund Healthcare, Tobacco Use Prevention, Research, and Law Enforcement.

"California Healthcare, Research and Prevention Tobacco Tax Act of 2016"

initiative constitutional amendment & statute

*PASSED*

Official Summary

Increases cigarette tax by $2.00 per pack, with equivalent increase on other tobacco products and electronic cigarettes containing nicotine.

Fiscal Impact: Additional net state revenue of $1 billion to $1.4 billion in 2017–18, with potentially lower revenues in future years. Revenues would be used primarily to augment spending on health care for low–income Californians.

Notes

  • tax on cigarettes, tobacco products (cigars, chewing tobacco, products containing at least 50% tobacco) and e-cigarettes (battery operated devices that turn liquid that may contain nicotine into a vapor)
  • tax is actually paid to the Board of Equalization by the distributor, to receive the CA tobacco tax stamp, and they pass the cost on to the consumer
  • current CA cigarette tax is 87 cents/pack cigarettes, equivalent to $1.37 for other tobacco products; national average is $1.60
  • current federal tax on cigarettes is $1.01/pack
  • plus sales tax (7.5%-10%)
  • average cost $6/pack
  • in 2013, 12% of CA adults smoke cigarettes, 4% e-cigarette users
  • adds e-cigarettes in definition of "other tobacco products"
  • also adds excise tax on distributors of $0.10 for each cigarette, $2.50 for products with '25' CA cigarette stamp, $2 for '20', $1 for '10' (including inventory on the first day of the quarter after this is enacted)
  • use of funds:
    • replace revenues lost due to lower tobacco consumption (1988's Prop 99, 1998's Prop 10, state and local sales tax decreases)
    • 5% max - cost to administer the tax
    • $30 M - law enforcement of tobacco-related laws
    • $6 M - board to enforcetobacco-related laws
    • $6 M - DPH for tobacco-related law enforcement support
    • $6 M - Attorney General for tobacco-related law enforcement
    • $40 M - UC physician training
    • $30 M - DPH dental disease prevention education
    • $400 k - adit of agencies receiving funds
    • 82% of remaining - Medi-Cal
    • 11% of remaining - California Tobacco Control Program - DPH - tobacco prevention and control programs
    • 5% of remaining - UC tobacco related disease research
    • 2% of remaining - school programs to prevent and reduce use of tobacco products by young people
  • exempt from Prop 98 education funding requirement

Proposition 57

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Criminal Sentences. Parole, Juvenile Criminal Proceedings and Sentencing.

"Public Safety and Rehabilitation Act of 2016"

initiative constitutional amendment & statute

*PASSED*

Official Summary

Allows parole consideration for nonviolent felons. Authorizes sentence credits for rehabilitation, good behavior, and education. Provides juvenile court judge decides whether juvenile 14 yrs or older will be prosecuted as adult.

Fiscal Impact: Net state savings likely in the tens of millions of dollars annually, depending on implementation. Net county costs of likely a few million dollars annually

Notes

  • as of June 2016, there are 128,000 people in state prison
  • individuals are often convicted of a primary offense plus additional lesser crimes at the same time
  • many individuals with determinate sentences (fixed prison sentence, like '10 years' and not, for example, '25 to life') are eligible for parole hearings after serving half their sentence
  • juvenile offenders usually have indeterminate sentences
  • juveniles can be sent to adult court in these cases:
    • seriousness of crime (murder, specific sex offenses)
    • at discretion of prosecutor based on criminal history
    • at discretion of judge based on hearing
  • in 2015, less than 600 youths were sent to adult court
  • counties pay for juvenile incarceration in general (just a portion for juvenile state facilities)
  • proposal details
    • allows parole consideration for persons convicted of nonviolent felonies upon completion of prison term for their primary offense
      • as of Sept 2015 approx 30,000 individuals would be affected
      • estimated at approx 7,500 each year
      • currently serve 2 yrs before parole eligibility, change would make that timeframe 1.5 yrs
    • requires Dept of Corrections & Rehabilitation (DOCR) to adopt regulations to implement new parole and sentence credit provisions and certify that they enhance public safety
    • requires that youths 14 yrs and over first be given a hearing at juvenile court, not popped up to adult court automatically based on crime or history
    • limits transfer of youths to adult court based on significant crime (murder, robbery, certain sex offenses) when 14 or 15, or a felony when 16 or 17
  • near term, parole expenses would go up

Proposition 58

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English Proficiency. Multilingual Education.

initiative statute

*PASSED*

Official Summary

Preserves requirement that public schools ensure students obtain English language proficiency. Requires school districts to solicit parent/community input in developing language acquisition programs. Requires instruction to ensure English acquisition as rapidly and effectively as possible. Authorizes school districts to establish dual–language immersion programs for both native and non–native English speakers.

Fiscal Impact: No notable fiscal effect on school districts or state government.

Notes

  • requires that school districts provide English learner students the option to be taught nearly all in English
  • schools would no longer be required to teach English learners in English-only programs
  • schools would be required to offer intensive English instruction to English learners if parents of 20 or more students in a grade requested it, or 30 or more overall ask for a specific kind of English learner program
  • school districts and county offices are required to ask parents andf community members how English should be taught in annual planning process
  • makes starting or expanding a bilingual program easier
  • changes to Education Code can be made by simple majority instead of 2/3 vote
  • about 22% of California students is an English learner (2.7 million) - speak a language other than English at home
  • 1998's Prop 227 restricts bilingual programs, requires English learners be taught in English - 1 yr of intensive English instruction and bilingual classes before transitioning to English only classes
  • bilingual classes can only happen if 20 students in a grade get waivers, received by fulfilling one of the 3:
    • students have attended an English-only classroom for 30+ days and school admin decide bilingual would be better for them
    • at least 10 yrs old
    • fluent English speakers
  • before Prop 227, 30% of English learners were in bilingual programs, 2008 was at 5%

Proposition 59

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Corporations. Political Spending. Federal Constitutional Protections.

legislative advisory question

*PASSED*

Official Summary

Asks whether California's elected officials should use their authority to propose and ratify an amendment to the federal Constitution overturning the United States Supreme Court decision in Citizens United v. Federal Election Commission. Citizens United ruled that laws placing certain limits on political spending by corporations and unions are unconstitutional.

Fiscal Impact: No direct fiscal effect on state or local governments.

Notes

  • non binding
    • reverse the effects of Citizens United
    • allow regulation and limitastion of political campaign spending
    • ensure individuals are able to express political views
    • make clear that corporations should not have the same constitutional rights as human beings
  • asks California legislature to propose US Constitutional amendment
  • Citizens United v Federal Election Commission ruled that laws placing certain limits on political spending by corporations and unions are unconstitutional
  • unlimited independent expenditures can be made by corporations or unions

Proposition 60

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Adult Films, Condoms, Health Requirements.

"California Safer Sex in the Adult Film Industry Act"

initiative statute

*Failed*

Official Summary

Requires adult film performers to use condoms during filming of sexual intercourse. Requires producers to pay for performer vaccinations, testing, and medical examinations. Requires producers to post condom requirement at film sites.

Fiscal Impact: Likely reduction of state and local tax revenues of several million dollars annually. Increased state spending that could exceed $1 million annually on regulation, partially offset by new fees.

Notes

  • requires adult film producers to obtain state health license (fee of $100, 2 year period) and provide training
    • if no license, penalty of $25/day first time, $50/day repeat violation
  • imposes liability on producers for violations, on certain distributors, on performers if they have a financial interest in the film involved, and on talent agents who knowingly refer performers to noncomplying producers
    • financial penalties: up to $50,000 plus attorney fees to performer with no financial interest if producers did not comply
  • permits state, performers, or any state resident to enforce violations, and if Cal/OSHA does not respond in specific timeframe, that person could bring a civil action against film producer
    • if they win the suit, they receive compensation for legal fees and 25% of the penalties, with state receiving 75%
    • $1000-$7000 if didn't post all the required info first time, $7000-$15,000 for repeat violation
    • $70,000 by producer if they knowingly make a false statement
    • and more...
  • Cal/OSHA time from reported violation to completed investigation expanded from 6 months to a year
  • within 10 days of beginning of filming, the following must be posted: address(es) of filming, dates of filming, producer contact info, custodian of records contact info, talent agent contact info, certification that condoms are being used, STI tests have been offered
  • Cal/OSHA already requires employers to provide,and ensure that their employees use protective equipment to prevent contact with certain bodily fluids in the workplace, specifically use condoms during sex on adult film sets
  • in 2014-2015, 4 production companies were cited for violation of condom regulation

Proposition 61

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State Prescription Drug Purchases. Pricing Standards.

"California Drug Price Relief Act"

initiative statute

*Failed*

Official Summary

Prohibits state from buying any prescription drug from a drug manufacturer at price over lowest price paid for the drug by United States Department of Veterans Affairs. Exempts managed care programs funded through Medi–Cal (75% of enrollees).

Fiscal Impact: Potential for state savings of an unknown amount depending on (1) how the measure's implementation challenges are addressed and (2) the responses of drug manufacturers regarding the provision and pricing of their drugs.

Notes

  • applies to any program where the state agency is the ultimate payer for a prescription drug, even if the state agency does not itself by the drug
  • state pays for prescription drugs through: Medi-Cal, Public Employees Retirement System, University of California, Dept of Corrections, Public Health (underinsured HIV -positive individuals), State Hospitals, Developmental Services (developmental center residents), California State University
  • VA maintains a public database that lists prices paid for most drugs, but some are not listed, pursuant to confidentiality agreements with drug manufacturers
  • Drug expenditures in state programs for 2014-2015: $3.8 Billion, of which the State pays about half
  • Nationally, prescription drug spending increased 800% between 1990 and 2013
  • to be implemented by July 1, 2017

Proposition 62

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Death Penalty.

"Justice That Works Act of 2016"

initiative statute

*Failed*

Official Summary

Repeals death penalty and replaces it with life imprisonment without possibility of parole. Applies retroactively to existing death sentences. Increases the portion of life inmates' wages that may be applied to victim restitution (from 50% to 60%).

Fiscal Impact: Net ongoing reduction in state and county criminal justice costs of around $150 million annually within a few years, although the impact could vary by tens of millions of dollars depending on various factors.

Notes

  • persons found guilty of first degree murder and sentenced to life without possibility of parole must work while in prison as prescribed by DOCR (Dept of Corrections and Rehabilitation); currently cannot work due to security restrictions
  • since 1978, 930 individuals in CA have received a death sentence (in recent years an average of 20/yr), 15 have been executed (none since 2006), 103 died before execution, 64 had sentences reduced, 748 in prison now
  • current death sentences are automatically appealed
  • the state currently spends $55 Million annually on legal challenges for death sentences
  • Related: Proposition 66 changes procedures in Death Penalty cases