2009 Ballot Measure Update

Proponent: Paul McCauley

Changes the California Constitution to allow legislators to serve more time in office. Allows Senators to serve additional four-year term for a maximum of 12 years. Allows Assembly members to serve additional two-year term for a maximum of eight years. Eliminates term limits if legislators leave office for one term. Permits legislators who do not receive contributions or accept "privately-funded junkets" to remain in office and serve additional terms without election. Requires Secretary of State to determine legislators' eligibility to remain in office without election. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: This measure would have no significant fiscal effect on state or local governments. (08-0016.) (Full Text)

None At This Time

Proponent: Lakesha Harrison c/o William Schlitz (510) 844-1160

Moves control of the University of California's retirement programs from the University Regents to a new board of trustees. Requires that the new board of trustees have sole and exclusive responsibility over the assets of any University of California pension or retirement system. Establishes membership of the board of trustees and public meeting requirements for the board of trustees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased costs of up to several million dollars per year for UC's retirement programs related to the election of retirement plan trustees and additional staff. Potential changes in investment earnings and costs for UC's retirement programs, which are unknown and impossible to estimate. (08-0019.) (Full Text)

Proponent: Paul McCauley

Eliminates certain state constitutional restrictions on renegotiating public employee pension contracts. Allows vested pension benefits to be reduced for existing and prospective public-sector retirees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Possible reduction in pension costs for state and local governments, depending on future actions by state and local governments and courts. Any such reduction likely would be largely or entirely offset by negotiated increases in other costs, such as employee salaries and wages. (08-0018, Amdt. #1S.) (Full Text)

Proponent: Paul McCauley

Imposes one-time tax of at least 55% on property in California exceeding $15 million if single, $20 million if married. Imposes one-time tax (between 36.5% - 54.3%) on income exceeding $10 million when resident dies or leaves California. Imposes additional 17.5% tax on total incomes of taxpayers with income exceeding $150,000 if single, $250,000 if married; 35% if incomes exceed $350,000 if single, $500,000 if married. Creates tax credits. Requires State to acquire shares of specified corporations to influence environmental practices. May exempt new revenues from education funding requirements. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: One-time increase in state revenues potentially in the low hundreds of billions of dollars from imposition of a wealth tax, and ongoing increase in state revenues potentially in the billions of dollars from imposition of the tax on certain people dying or leaving the state. This revenue would be allocated to accomplish various goals related to environmental protection. Potential annual net increase in personal income tax revenues in the tens of billions of dollars annually. At least $8 billion annually would be allocated to the state General Fund with additional revenue allocated for environmental protection. Unknown state and local revenue reductions-potentially in the tens of billions of dollars annually-due to changes in taxpayer behavior. (08-0020.) (Full Text)

Proponent: Maurice Read c/o Robin Johansen (510) 346-6200

Lowers the legislative vote requirement necessary to pass the state budget, and spending bills related to the budget, from sixty-seven percent (two-thirds) to fifty-five percent. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown changes in the content of the annual state budget. Fiscal impact would depend on the composition and actions of future Legislatures. (08-0022.) (Full Text)

Proponent: Maurice Read c/o Robin Johansen (510) 346-6200

Lowers the legislative vote requirement necessary to pass the state budget, spending bills related to the budget, and budget-related tax increases, from sixty-seven percent (two-thirds) to fifty-five percent. Retains sixty-seven percent (two-thirds) vote requirement for property tax increases. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown state fiscal impacts from lowering the legislative vote requirement for spending and tax increases related to the budget. In some cases, the content of the annual state budget could change and/or state tax revenues could increase. Fiscal impact would depend on the composition and actions of future Legislatures. (08-0023, Amdt. #1NS).) (Full Text)

Proponent: Bradley Philip Morisoli (925) 766-0673

Provides that the Governor and Legislature will be automatically removed from office if the Legislature fails to approve budget by June 15th or the Governor fails to sign a budget by June 30th. Requires that 25% of the salaries owed to the Governor and each Legislative member be withheld until a budget is completed for following year. Prohibits officials removed from office for failure to pass a budget from being elected or appointed to state office for two years following removal. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increase in state and local election costs in any year in which the Governor and all 120 members of the Legislature are terminated when the budget process is not completed on time. These costs could potentially exceed $100 million in any such year. Unknown state fiscal impacts from changes in the content of the annual budget as a result of the measure's provisions related to a late budget. (09-0001, Amdt. #1NS.) (Full Text)

Proponents: Roberta B. Johansen and Karen Getman

Imposes 1% sales and use tax to supplement current education funding. Requires that 89% of new revenue be used for kindergarten through grade 12 and 11% be used for community colleges. Prohibits transfer or borrowing of funds by Legislature. Authorizes funds for uses including staff development, teacher salaries, student services and programs like art, music, and vocational education. Prohibits use for administrative costs. Excludes revenues from budget and spending limitation calculations. Requires annual independent audits with State Controller review of findings. Authorizes civil or criminal penalties for misuse of funds. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased revenues of $2.5 billion in 2009-10 and $5.1 billion annually thereafter from a one-cent per dollar increase in the sales and use tax. Revenues would be dedicated to specific K-12 education and community college programs. Decreased revenues to state and local governments from a reduction in sales-related tax revenues due to decreased overall consumption. The amount of the decreased revenues could be hundreds of millions of dollars annually. (08-0021, Amdt. #1S.) (Full Text)

Proponents: Kaelan Housewright and Ali Shams (818) 472-0982

Replaces the term "marriage" with the term "domestic partnership" throughout California law, but preserves the rights provided in marriage. Applies equally to all couples, regardless of sexual orientation. Repeals the provision in California's Constitution that states only marriage between a man and a woman is valid or recognized in California. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: This measure would have an unknown fiscal effect on state and local governments. (09-0003.) (Full Text)

Proponent: Charles Lowe (800) 778-2998

Repeals the current provision in California's Constitution that states only marriage between a man and a woman is valid or recognized in California. Provides that the initiative is not intended, and shall not be interpreted, to modify or change the curriculum in any school. Clarifies that the initiative is not intended, and shall not be interpreted, to mandate or require clergy of any church to perform a service or duty inconsistent with his or her faith. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Over the long run, this measure would likely have little fiscal impact on state and local governments. (09-0002, Amdt. #1S.) (Full Text)

Proponents: Ted Hilton, Tony Dolz, and Bill Morrow

Requires applicants for state, local, and state-administered federal aid to verify lawful presence in United States. Requires applications for public benefits submitted by undocumented parents on behalf of their lawful-resident children to be given to federal authorities. Denies birth certificates to children born to undocumented parents unless mother provides fingerprint and other information to be given to federal authorities. Limits benefits for children in child-only CalWORKS cases to federal minimum. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: If upheld in the courts, unknown potential one-time and ongoing costs to state and local governments due to changes in the application process for public benefits as well as changes in the way birth certificates are issued. These costs would be partly offset by additional new fees for certain birth certificates. Unknown, but probably minor, state and local law enforcement costs due to provisions in the measure creating new crimes, such as for the filing of false affidavits to obtain public benefits. If upheld in the courts, state savings of over $1 billion annually from prohibiting child-only CalWORKs cases, partially offset by state and county costs for children who shifted to Foster Care or county general assistance programs. Further unknown savings from the provisions changing the application processes for public benefits. (09-0004.) (Full Text)

Proponent: George Runner c/o Elizabeth Hansel (916) 648-1222

Prohibits citizens from voting at the polls unless they present a government-issued photo-identification card. Establishes provisional voting for citizens at the polls who fail to present government-issued photo-identification. Requires that provisional ballots and mail-in ballots be deemed invalid unless the accompanying envelope is marked with the last four digits of a citizen�s California driver�s license, state identification card or social security number. Eliminates the right to vote for citizens on probation for a felony offense. Establishes that ballots from absent military personnel are timely if postmarked by election day. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Some increased government costs associated with voting in elections. These costs probably would not be significant. (09-0005.) (Full Text)

Proponent: Paul McCauley

Imposes additional, annual taxes on California residents who receive income in excess of $40,000 from pension distributions, social security, and the cash value of health care benefits. May impose a one-time, additional tax on non-California residents whose pension benefits exceed $50,000 in a year, and who earned income in California. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Annual state revenue increases of up to $6 billion to $8 billion beginning in 2010 from new taxes on pension benefits. Revenues likely would decline over time due to changes in behavior. (09-0006.) (Full Text)

1361. (09-0007, Amdt. #1S)

Limits On Voting. Initiative Statute.
Summary Date: 06/16/09 Circulation Deadline: 11/13/09 Signatures Required: 433,971

Proponents: George Runner and Charles H. Bell c/o Bell, McAndrews &anp; Hiltachk, LLP (916) 442-7757

Prohibits citizens from voting at the polls unless they present a government-issued photo-identification card. Establishes provisional voting for citizens at the polls who fail to present government-issued photo-identification. Requires that provisional ballots and mail-in ballots be deemed invalid unless the accompanying envelope is marked with the last four digits of a citizen�s California driver�s license, state identification card or social security number. Eliminates the right to vote for citizens on probation for a felony offense. Establishes that ballots from absent military personnel are timely if postmarked by election day. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Some increased government costs associated with voting in elections. These costs probably would not be significant. (09-0007, Amdt. #1S.) (Full Text)

1362. (09-0008, Amdt. #1S)

Limits On Voting. Initiative Statute.
Summary Date: 06/16/09 Circulation Deadline: 11/13/09 Signatures Required: 433,971

Proponents: George Runner and Charles H. Bell c/o Bell, McAndrews &anp; Hiltachk, LLP (916) 442-7757

Prohibits citizens from voting at the polls unless they present a government-issued photo-identification card. Establishes provisional voting for citizens at the polls who fail to present government-issued photo-identification. Requires that provisional ballots and mail-in ballots be deemed invalid unless the accompanying envelope is marked with the last four digits of a citizen�s California driver�s license, state identification card or social security number. Establishes that ballots from absent military personnel are timely if postmarked by election day. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Some increased government costs associated with voting in elections. These costs probably would not be significant. (09-0008, Amdt. #1S.) (Full Text)

1363. (09-0009)

Tax on Employers Who Collect Life-Insurance Benefits Upon the Death of Former Employees. Initiative Statute.
Summary Date: 06/16/09 Circulation Deadline: 11/13/09 Signatures Required: 433,971

Proponent: Gregory Smith lifeinsuranceparityact@gmail.com

Establishes that life insurance proceeds received by an employer upon the death of a former or retired employee will be considered taxable gross income when the employer lacks an "insurable interest" in the employee. Exempts employers who are charitable organizations. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: State revenue increases of up to several millions of dollars from higher business income taxes in some years. (09-0009.) (Full Text)

The list below reflects those proposed measures that have been submitted to the Attorney General for preparation of the title and summary that will appear on the initiative petitions. This process takes approximately 60 days; however, if amendments are submitted by the proponent the time period is lengthened. When the official summary is complete, the Attorney General forwards it to the proponent and to the Secretary of State. The Secretary of State then provides calendar deadlines to the proponent and to the county elections officials.

Attorney General # Approximate Due Date to Secretary of State	Subject	Proponent(s)
09-0010 - 06/23/09	"California Taxpayer Protection Act of 2010" (Version 2)"	Ted Hilton Bill Morrow
09-0011 - 06/23/09	"California Marriage Equality Act"	Charles Lowe
09-0012, Amdt. #1S - 07/21/09	"Honor in Office Act"	Jerrol LeBaron
09-0013 - 07/10/09	"The Citizen Legislature Act"	Gabriella Holt
09-0014 - 07/13/09	"Drug and Alcohol Testing for Members of the Legislature"	Dorothy Cummings Gary Ellis
09-0015 - 07/22/09	"The Taxpayers Right to Vote Act"	Robert Lee Pence
09-0016 - 07/30/09	"Responsible California State Budget Reform Act"	Robert Denham
09-0017 - 08/05/09	"The Continuous Coverage Auto Insurance Discount Act"	Christina L. Wilson

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