Proposition 1B EDUCATION FUNDING. PAYMENT PLAN.

EDUCATION FUNDING. PAYMENT PLAN.

• Requires supplemental payments to local school districts and community colleges to address recent budget cuts.
• Annual payments begin in 2011–12.
• Payments are funded from the state’s Budget Stabilization Fund until the total amount has been paid.
• Payments to local school districts will be allocated in proportion to average daily attendance and may be used for classroom instruction, textbooks and other local educational programs.

Summary of Legislative Analyst’s Estimate of Net State and Local Government Fiscal Impact:

• Fiscal impact would depend on how current constitutional provisions would otherwise be interpreted.
• Potential state savings of up to several billion dollars in 2009–10 and 2010–11.
• Potential state costs of billions of dollars annually thereafter.

TEXT OF PROPOSED LAW BELOW

This amendment proposed by Assembly Constitutional Amendment 2 of the 2009–2010 Third Extraordinary Session (Resolution Chapter 2, 2009–2010 Third Extraordinary Session) expressly amends the California Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.
Proposed Law
PROPOSED AMENDMENT TO ARTICLE XVI
That Section 8.3 is added to Article XVI thereof, to read:
SEC. 8.3. (a) School districts and community college districts shall receive supplemental education payments in the total amount of nine billion three hundred million dollars ($9,300,000,000). These payments shall be in lieu of the maintenance factor amounts, if any, that otherwise would be determined pursuant to subdivision (d) of Section 8 for the 2007–08 and 2008–09 fiscal years. These payments are not subject to subdivision (e) of Section 8. These payments shall be made only from the Supplemental Education Payment Account, subject to the deposit into that account of the amounts necessary to make the payments. The operation of this section is contingent upon the establishment of the Supplemental Education Payment Account pursuant to subdivision (a) of Section 20.
(b) Commencing with the 2011–12 fiscal year, in addition to the amounts required to be allocated pursuant to subdivisions (b) and (e) of Section 8, the Legislature annually shall appropriate to school districts and community college districts the amount transferred to the Supplemental Education Payment Account pursuant to subdivision (h) of Section 20 in satisfaction of the supplemental education payments required by subdivision (a), until the full amount of the supplemental education payments required by subdivision (a) has been allocated pursuant to this section.
(c) (1) Of the appropriations made to school districts for the
2011–12 fiscal year pursuant to subdivision (b), an amount not exceeding two hundred million dollars ($200,000,000) shall be available only for the purposes set forth in Section 42238.49 of the Education Code as that section read on March 28, 2009, as determined pursuant to the funding formula set forth in that section.
(2) The remaining amount of the appropriations made to school districts for the 2011–12 fiscal year pursuant to subdivision (b), and all of the appropriations made to school districts pursuant to subdivision (b) for each subsequent fiscal year, shall be allocated as an adjustment to revenue limit apportionments, as specified by statute, in a manner that does not limit a recipient school district with regard to the purposes of the district for which the moneys may be expended.
(d) All amounts appropriated in a fiscal year pursuant to this section shall be deemed allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B for that fiscal year, for purposes of determining, in the following fiscal year, the amount required
pursuant to paragraph (2) or (3), as applicable, of subdivision (b) of Section 8.



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PROPOSITION 1A STATE BUDGET. CHANGES CALIFORNIA BUDGET PROCESS. LIMITS STATE SPENDING. INCREASES “RAINY DAY” BUDGET STABILIZATION FUND.

STATE BUDGET. CHANGES CALIFORNIA BUDGET PROCESS.
LIMITS STATE SPENDING. INCREASES “RAINY DAY” BUDGET STABILIZATION FUND.

• Increases size of state “rainy day” fund from 5% to 12.5% of the General Fund.
• A portion of the annual deposits into that fund would be dedicated to savings for future economic downturns, and the remainder would be available to fund education, infrastructure, and debt repayment, or for use in a declared emergency.
• Requires additional revenue above historic trends to be deposited into state “rainy day” fund, limiting spending.

TEXT OF PROPOSED LAW BELOW
This amendment proposed by Senate Constitutional Amendment 13 of the 2007–2008 Regular Session (Resolution Chapter 144, Statutes of 2008) and Assembly Constitutional Amendment 1 of the 2009–2010 Third Extraordinary Session (Resolution Chapter 1, 2009–2010 Third Extraordinary Session) expressly amends sections of, and adds a section to, the California Constitution; therefore, provisions proposed to be deleted are printed in strikeout type and new provisions proposed to be added are printed in italic type to indicate that they are new.
P
roposed Law
First—That Section 12 of Article IV thereof is amended to read:
SEC. 12. (a) Within the first 10 days of each calendar year, the Governor shall submit to the Legislature, with an explanatory message, a budget for the ensuing fiscal year containing itemized statements for recommended state expenditures and estimated state revenues total state resources available to meet those expenditures. If recommended expenditures exceed estimated revenues resources, the Governor shall recommend the sources from which the additional revenues resources should be provided. The itemized statement of estimated total state resources available to meet recommended expenditures submitted pursuant to this subdivision shall identify the amount, if any, of those resources anticipated to be one-time resources.
(b) The Governor and the Governor-elect may require a state agency, officer, or employee to furnish whatever information is deemed necessary to prepare the budget.
(c) (1) The budget shall be accompanied by a budget bill itemizing recommended expenditures.
(2) The budget bill shall be introduced immediately in each house by the persons chairing the committees that consider the budget.
(3) The Legislature shall pass the budget bill by midnight on June 15 of each year.
(4) Until the budget bill has been enacted, the Legislature shall not send to the Governor for consideration any bill appropriating funds for expenditure during the fiscal year for which the budget bill is to be enacted, except emergency bills recommended by the Governor or appropriations for the salaries and expenses of the Legislature.
(d) No bill except the budget bill may contain more than one item of appropriation, and that for one certain, expressed purpose. Appropriations from the General Fund of the State, except appropriations for the public schools, are void unless passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring.
(e) The Legislature may control the submission, approval, and enforcement of budgets and the filing of claims for all state agencies.
(f) For the 2004–05 fiscal year, or any subsequent fiscal year, the Legislature may not send to the Governor for consideration, nor may the Governor sign into law, a budget bill that would appropriate from the General Fund, for that fiscal year, a total amount that, when combined with all appropriations from the General Fund for that fiscal year made as of the date of the budget bill’s passage, and the amount of any General Fund moneys transferred to the Budget Stabilization Account Fund for that fiscal year pursuant to Section 20 of Article XVI, exceeds General Fund revenues, transfers, and balances available from the prior fiscal year for that fiscal year estimated as of the date of the budget bill’s passage. That estimate of General Fund revenues, transfers, and balances shall be set forth in the budget bill passed by the Legislature.
Second—That Section 20 of Article XVI thereof is amended to read:
SEC. 20. (a) (1) The Budget Stabilization Fund, and the Supplemental Budget Stabilization Account is, are hereby created in the General Fund.
(2) If Section 8.3 is added to this article to provide for supplemental education payments at the same election at which this paragraph was approved by the voters, the Supplemental Education Payment Account is hereby established in the General Fund.
(b) In each fiscal year as specified in paragraphs (1) to (3), inclusive, the Controller shall transfer from the General Fund to the Budget Stabilization Account Fund the following amounts:
(1) No later than September 30, 2006, a sum equal to 1 percent of the estimated amount of General Fund revenues for the 2006–07 fiscal year.
(2) No later than September 30, 2007, a sum equal to 2 percent of the estimated amount of General Fund revenues for the 2007–08 fiscal year.
(3) No later than On September 30, 2008, and on September 23 annually thereafter, a sum equal to 3 percent of the estimated amount of General Fund revenues for the current fiscal year.
(c) The Except for the amount determined pursuant to subdivision (h), the transfer of moneys shall not be required by subdivision (b) in any fiscal year to the extent that the resulting balance in the account Budget Stabilization Fund would exceed 5 12.5 percent of the General Fund revenues estimate set forth in the budget bill for that fiscal year, as enacted, or eight billion dollars ($8,000,000,000), whichever is greater. The Legislature may, by statute, direct the Controller, for one or more fiscal years, to transfer into the account Budget Stabilization Fund amounts in excess of the levels prescribed by this subdivision.
(d) Subject to any restriction imposed by this section, funds transferred to the Budget Stabilization Fund, the Supplemental Education Payment Account, or the Supplemental Budget Stabilization Account shall be deemed to be General Fund revenues for all purposes of this Constitution.
(e) The Except for the amount determined pursuant to subdivision (h), the transfer of moneys from the General Fund to the Budget Stabilization Account Fund may be suspended or reduced for a fiscal year as specified by an executive order issued by the Governor no later than June 1 of the preceding fiscal year the date of the transfer set forth in subdivision (b). For a fiscal year commencing on or after
July 1, 2011, this subdivision shall be operative only if a transfer of moneys from the Budget Stabilization Fund to the General Fund is authorized pursuant to subparagraph (A) of paragraph (2) of subdivision (f).
(f) (1) Of the moneys transferred to the account Budget Stabilization Fund in each fiscal year, exclusive of the amount determined pursuant to subdivision (h), 50 percent, up to the aggregate amount of five billion dollars ($5,000,000,000) for all fiscal years, shall be deposited in the Deficit Recovery Bond Retirement Sinking Fund Subaccount, which is hereby created in the account Budget Stabilization Fund for the purpose of retiring deficit recovery bonds authorized and issued as described in Section 1.3, in addition to any other payments provided for by law for the purpose of retiring those bonds. The moneys in the sinking fund subaccount are continuously appropriated to the Treasurer to be expended for that purpose in the amounts, at the times, and in the manner deemed appropriate by the Treasurer. Any funds remaining
in the sinking fund subaccount after all of the deficit recovery bonds are retired shall be transferred to the account Budget Stabilization Fund, and may be transferred to the General Fund pursuant to paragraph (2).
(2) All Except for the amount determined pursuant to subdivision (h), all other funds transferred to the account Budget Stabilization Fund in a fiscal year shall not be deposited in the sinking fund subaccount and may, by statute, be transferred to the General Fund by statute as specified in this paragraph.
(A) Apart from a transfer pursuant to subparagraph (B), the total amount that may be transferred to the General Fund pursuant to this paragraph for any fiscal year shall not exceed the amount derived by subtracting the General Fund revenues, transfers, and balances available from the prior fiscal year for that fiscal year from the expenditure forecast amount for the current fiscal year. For purposes of this subparagraph, “General Fund revenues, transfers, and balances available from the prior fiscal year for that fiscal year” does not include revenues transferred from the General Fund to the Budget Stabilization Fund pursuant to subdivision (b) for that fiscal year. For purposes of this subparagraph, Section 21, and Section 12 of Article IV, “balances available from the prior fiscal year for that fiscal year” means the funds in the Special Fund for Economic Uncertainties, or a successor fund, as of June 30 of the prior fiscal year. The “expenditure forecast amount” for a fiscal year is the total General Fund expenditures for the immediately preceding fiscal year adjusted for the change in population of the State, as defined in Section 8 of Article XIII B, and the change in the cost of living for the State, as measured by the California Consumer Price Index, between the immediately preceding fiscal year and the fiscal year in which the transfer is made. “Total General Fund expenditures for the immediately preceding fiscal year” do not include, for this purpose, the expenditure of unanticipated revenues pursuant to subparagraph (B) or pursuant to paragraph (3) or (4) of subdivision (c) of Section 21.
(B) Any funds necessary for the purpose of responding to an emergency declared by the Governor may be transferred by statute. For purposes of this subparagraph, “emergency” has the same meaning as set forth in paragraph (2) of subdivision (c) of Section 3 of Article XIII B.
(g) In addition to any transfer authorized by this section, funds in the Budget Stabilization Fund or the Supplemental Budget Stabilization Account may be loaned to meet General Fund cash requirements on the condition that the funds are repaid within the same fiscal year in which the loan is made.
(h) If the Supplemental Education Payment Account is established by subdivision (a), on October 1, 2011, and on October 1 annually thereafter, the Controller shall transfer from the Budget Stabilization Fund to the Supplemental Education Payment Account the lesser of the following:
(1) A sum equal to 1.5 percent of the estimated amount of General Fund revenues for the current fiscal year.
(2) The amount of the total supplemental education payments set forth in subdivision (a) of Section 8.3 remaining to be allocated.
(i) (1) If the Supplemental Education Payment Account is established by subdivision (a), on October 1 of the first fiscal year for which the amount determined pursuant to paragraph (1) of subdivision (h) is greater than the amount determined pursuant to paragraph (2) of subdivision (h), and on October 1 annually thereafter, the Controller shall transfer from the Budget Stabilization Fund to the Supplemental Budget Stabilization Account a sum equal to 1.5 percent of the estimated amount of General Fund revenues for the current fiscal year minus the amount, if any, of the total supplemental education payments set forth in subdivision (a) of Section 8.3 remaining to be allocated.
(2) If the Supplemental Education Payment Account is not established by subdivision (a), on October 1, 2011, and on October 1 annually thereafter, the Controller shall transfer from the Budget Stabilization Fund to the Supplemental Budget Stabilization Account a sum equal to 1.5 percent of the estimated amount of General Fund revenues for the current fiscal year.
(3) Funds in the Supplemental Budget Stabilization Account may be appropriated only for the purposes set forth in subparagraphs (B) or (C) of paragraph (4) of subdivision (c) of Section 21.
Third— That Section 21 is added to Article XVI thereof, to read:
SEC. 21. (a) On or before May 29, 2011, and on or before May 29 of each year thereafter, the Director of Finance shall do all of the following, reporting the result in each case to the Legislature and the Governor:
(1) Separately estimate General Fund revenues, transfers, and balances available from the prior fiscal year for the current fiscal year.
(2) Determine the revenue forecast amount for the current fiscal year in the manner set forth in subdivision (d).
(3) Estimate the amount, as of that date, of any General Fund obligations arising under Section 8 for the current fiscal year, including any maintenance factor allocation for the current fiscal year required pursuant to subdivision (e) of Section 8, that have not yet been funded by the State.
(b) (1) Except as provided in paragraph (2), “unanticipated revenues” for a fiscal year, for purposes of this section, shall be the lesser of the following:
(A) Estimated General Fund revenues for the current fiscal year reported pursuant to paragraph (1) of subdivision (a) minus the revenue forecast amount for the current fiscal year.
(B) Estimated General Fund revenues, transfers, and balances available from the prior fiscal year for the current fiscal year reported pursuant to paragraph (1) of subdivision (a) minus the expenditure forecast amount for the current fiscal year determined pursuant to subparagraph (A) of paragraph (2) of subdivision (f) of Section 20.
(2) If the amount determined pursuant to paragraph (1) is less than zero, the amount of unanticipated revenues shall be zero.
(c) Unanticipated revenues, as determined pursuant to this section, may be used only as follows:
(1) Unanticipated revenues shall be appropriated to satisfy any unfunded General Fund obligations arising under Section 8 for the current fiscal year, as estimated pursuant to paragraph (3) of subdivision (a).
(2) Any unanticipated revenues that remain after deducting, in accordance with paragraph (1), the amount of the estimate required by paragraph (3) of subdivision (a) shall be transferred by the Controller no later than June 27 of the current fiscal year to the Budget Stabilization Fund, not exceeding the amount needed to increase the balance in the fund to an amount equal to 12.5 percent of the estimate of General Fund revenues as set forth in the enacted budget bill for that fiscal year. Notwithstanding any other provision of this Constitution:
(A) If the Director of Finance determines at any time that the total amount of General Fund obligations arising under Section 8 for a fiscal year, including any maintenance factor allocation for that fiscal year required pursuant to subdivision (e) of Section 8, exceeds the total amount of those General Fund obligations as calculated for that fiscal year for purposes of the estimate required by paragraph (3) of subdivision (a), he or she shall so report to the Legislature, the Governor, and the Controller. The Controller shall thereupon transfer funds in the amount of that difference from the Budget Stabilization Fund to the General Fund, and the funds so transferred shall be appropriated only for purposes of funding the additional amount of General Fund obligations under Section 8 determined pursuant to this paragraph.
(B) If the Director of Finance determines at any time that the total amount of General Fund obligations arising under Section 8 for a fiscal year, including any maintenance factor allocation for that fiscal year required pursuant to subdivision (e) of Section 8, is less than the total amount of those General Fund obligations as calculated for that fiscal year for purposes of the estimate required by paragraph (3) of subdivision (a), he or she shall so report to the Legislature, the Governor, and the Controller. The Controller shall thereupon transfer funds in the amount of that difference from the General Fund to the Budget Stabilization Fund, not exceeding the amount needed to increase the balance in the latter fund to an amount equal to 12.5 percent of the estimate of General Fund revenues as set forth in the enacted budget bill for that fiscal year.
(3) Any unanticipated revenues remaining after any appropriations and transfers described in paragraphs (1) and (2) shall be appropriated to retire outstanding budgetary obligations. For purposes of this paragraph, “budgetary obligations” means any of the following:

(A) Unfunded prior fiscal year General Fund obligations pursuant to Section 8.
(B) Any repayment obligations created by the suspension of subparagraph (A) of paragraph (1) of subdivision (a) of Section 25.5 of Article XIII.
(C) Any repayment obligations created by the suspension of subdivision (a) of Section 1 of Article XIX B.
(D) Bonded indebtedness authorized pursuant to Section 1.3.
(4) Any unanticipated revenues remaining after any appropriations and transfers described in paragraphs (1), (2), and (3) are made to retire all outstanding budgetary obligations shall be used for one or more of the following purposes:
(A) Transfer by statute to the Budget Stabilization Fund.
(B) Appropriation for one-time infrastructure or other capital outlay purposes.
(C) Appropriation to retire, redeem, or defease outstanding general obligation or other bonded indebtedness of the State.
(D) Return to taxpayers within the current or immediately following fiscal year by a one-time revision of tax rates, or by rebates.
(E) Appropriation for unfunded liabilities for vested nonpension benefits for state annuitants.
(d) For the 2010–11 fiscal year, and for each fiscal year thereafter, the revenue forecast amount shall be determined as follows:
(1) The General Fund revenues for the current fiscal year shall be forecast by extrapolating from the trend line derived by a linear regression of General Fund revenues as a function of fiscal year for the period of the 10 preceding fiscal years. For purposes of this paragraph, General Fund revenues shall exclude both of the following:
(A) The General Fund revenue effect of a change in state taxes that affects General Fund revenues for less than the entire period of the 10 preceding fiscal years.
(B) Any proceeds of bonds authorized by subdivision (a) of Section 1.3.
(2) The amount forecast pursuant to paragraph (1) shall be increased or decreased, as applicable, to reflect the net current fiscal year General Fund revenue effect of a change in state taxes for which General Fund revenue effects were excluded pursuant to subparagraph (A) of paragraph (1).

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For the record, how we decided on 2008 props

CA props:

1A: High Speed Rail-- YES-- we want to be able to visit friends in LA for $55 and in only 2.5 hours! PASSED

2: Farm Animal Standards--YES, We've got a friend who has his own chickens and sheep and who lets them range around freely and the eggs the chicken give are just amazing. It makes me so happy to see them walking around like satisfied, contented creatures, and I can't imagine that there's anything good about even confining chickens as much as so-called "Free-range" chickens normally are. PASSED

3: Children's Hospital Bond-- NO This was tough, but one thing that I kept thinking was, as wonderful as it would be to fund research in children's ailments, emergency rooms and hospitals that erve adult are closing all over this state. I want better funding for ALL hospitals. (And I want universal health care, but that's a different issue.) PASSED

4: Waiting Period and Parental Consent for Minors seking and abortion-- NO NO NOYou can probably guess my feeling on this one. FAILED

5: Rehab for non-violent Drug Offenders--Yes. I'd just rather fund people to get help and get out of the prison system than just thrown them into the meat grinder. FAILED

6: Police and Law Enforcement Funding--NO This one was hard also, but I just didn't see that we need to fund more prisons. Plus I didn't understand how the money was going to be allocated. PASSED

7: Renewable Energy: NO, another tough one to get through, but the big sticking point for me was that it was placed on the ballot with no consulting of any environmental groups. PASSED

8: Ban Gay Marriage NO, for all the obvious reasons -- including that it violates the constitution in my opinion. PASSED

9: Victim's rights: NO--This one is funny. The local Bay Guardian notes that it was put on the ballot by "billionaire Broadcom Corp. cofounder Henry Nicholas, who has poured millions into the two campaigns. But a funny thing happened to Nicholas on the way to becoming California's poster boy for law and order. In June, he was indicted on numerous counts of securities fraud and drug violations (including spiking the drinks of technology executives with ecstasy and operating a "sex cave" staffed with prostitutes under his house). He insists he's innocent." PASSED

10: Alternative Fuel-- NO-- the general sense I've gotten is that while on first glance it looks good, it actually is designed to support natural gas industry over the development of any other serious non-fossil fuel options. FAILED

11: Redistricting. NO-- I always get shivers when they start talking about gerrymandering. This one puts an EQUAL number of democrats and republicans to be on the commission deciding district lines--expcept that there are more dems than republicans in this state, so that's not a representative breakdown for the commission. PASSED

12: Veteran' Bond: Yes. This one just extends a previous existing bond, and I feel like even though I think we should do other things for Vets like expand the GI bill, at least we can do this.... PASSED

And for San Francisco Props-- jeez, how many do we have to go through?? I must admit I think we were running out of steam at the end...

A: Bond for seismic upgrades for SF General Hospital: Yes-- gotta keep the hospital standing. PASSED

B: Affordable Housing Fund: Yes, it doesn't raise taxes and affordable housing is a serious issue here in SF. FAILED

C: Prohibit City employees from serving on Charter Boards and Commissions: No. This one would bar ANY city employees from ever sitting on commissions, not just managerial level. That seems unnecessary. FAILED

D: Finance Pier 70 waterfront District Development: Yes, this revives a really sadly run-down area of the city that could be a good site for urban development. PASSED

E: Change number of signatures required to recall a city official: Yes, this raises the number of sigs required for a recall (which I think is a dumb idea anyhow, but we're stuck with recalls) so at least it won't be as easy to have a recall. PASSED

F: Hold scheduled city elections on even numbered years: Yes, this makes the elections coincide with presidential elections and mid-term elections. We went back and forth on this one -- do silly ballot props or important mayoral elections get lost in the fray in presidential election years? Well, here we are reading through all these stupid propositions, so it's not true for us at least. And voter turnout is definitely better on even year elections. FAILED

G: Allow retirement system credit for unpaid parental leave: Yes, this doesn't cost a thing, it just qualifies employees to include parental leave time as a "credit" counting toward their retirement. They would be able to buy the credits, so it's not a burden on the system. PASSED

H: Clean energy act: YES, this puts the city on a schedule to changing over to renewable energy and it includes funding for a green job initiative, which is very cool. PG & E is funding the "No on H" campaign basically because they'd wind up out of business, unless they'd care to switch to providing clean energy. FAILED

I: Create the Office of Independent Rate Payer Advocate. No-- This one sets up an office that advises PG & E on rates, but embedded in H is essentially the same oversight, so since I voted yes on H, this one I said No on. FAILED

J: Creating a Historic Preservation Commission: Yes. This updates the composition of the office that oversees landmarking and preservation. It's been formulated by groups on either side, both developers and also preservationists, so it hasn't got any opposition. PASSED

K: Changing Enforcement of Prostitution and Sex Worker laws: Yes, Personally I believe that you shouldn't have laws you can't enforce even on the books, but this one at least downgrades the priority of enforcing the prostitution laws in SF. FAILED

L: Funding a Community Justice Center: No, I voted against this one just on principle. The CJC is already approved and funded. This prop only funds it at a slightly higher level and wound up ont he ballot basically as a political maneuver to get publicity. Whatever. FAILED

M: Changing Residential Rent Ordinance to prohibit tenant harassment by landlords: Yes. We voted this way because we have a landlady who totally harasses tenants. She's crazy of course, but it does happen. PASSED

N: Changing real property transfer tax rates: Yes. This only increases tax on properties sold in SF for over $5 million. PASSED

O: Replace Emergency Response fee with Access Line tax: YES. This one updates the definition of what a phone line is (which is now completely different from when the law was first written) and changes the classification of the fee that is used for 911 service. It doesn't cost anything extra, but helps keep the service up to date with emerging communication technology. PASSED

P: Change the SF Transportation Board makeup: NO The Board of Supes oversees the Muni right now and replacing the board with an appointed commission will have the net effect of leaving each neighborhood without a specific advocate for the transportation needs of their area. I like it staying int he hands of the supervisors, who are elected officials and therefore more accountable for what ahppens with Muni. FAILED

Q: Modify the Payroll Expense tax: Yes, this makes it so that "partnerships", such as law firms, which ordinarily are exempt from payroll tax, will have to treat their income as taxable. It does exempt small businesses that have a payroll under $250,000. PASSED

R: Rename the Oceanside Water Treatment Plant to George W. Bush Sewage Plant. No. Funny, but just a grandstanding move with no real point, and in my opinion makes us look like nutjobs. FAILED

S: Changing the Budget Set aside Policy: No Personally I wasn't really swayed one way or the other on this, so I voted No to keep the status quo. I see no reason to change policies on the budget earmarks. PASSED

T: Free and low-cost Substance Abuse programs: Yes. Call me a bleeding heart liberal, but I believe that it's better to have treatment facilities and get people off the streets wherever we can. For $13 million, I think we can make the investment into helping clean up people's lives and maybe get them off the city streets. PASSED

U: Policy against the deployment of armed forces in Iraq: Yes. More than just a policy maneuver, it sets the precendent that San Francisco is against spending SF money on funding for the local operations that must go toward funding the war-- it doesn't prevent the funding, but it sets our default policy as against it. PASSED

V: Policy against terminating JROTC program in schools: No. Too many negatives here to unwind. Basically JROTC is out of the public schools, which is how I think it should be, and though this is a measure in support of restoring it, ultimately prop V does nothing-- it doesn't even have the ability to restore JROTC, it's just meant to send a message. PASSED



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Proposition 1: The Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century PASSED

Bond Measure

• Prop. 1 asks voters to approve the issuance of $9.95 billion of general obligation bonds.
• This would partially fund a $40 billion, 800-mile high speed train under the supervision of the California High-Speed Rail Authority.
• The train would run between San Francisco and Los Angeles, with Anaheim, California, designated as the southern terminus of the initial segment of the high-speed train system.
• Estimates are that the train system would be completed in 2030, and that it would take passengers between San Francisco and Los Angeles in about 2 hours and 40 minutes.

POSSIBLE DELAY

• The California State Assembly approved AB 3034 on May 30 by a vote of 60-3. The goal of AB 3034 is to "make the rules for spending the bond money more flexible if voters sign off on the bonds in November."[1] The Senate Appropriations Committee is considering the bill.
• AB 3034 has to be signed no later than midnight on July 15 in order for the language in it to be included in the ballot pamphlet for the November 4 election.
• As it is currently written, Prop 1 gives top funding priority to a route between Los Angeles and San Francisco. If AB 3034 becomes law, Prop 1 would be:
• * Amended to give all high-speed rail corridors, including the route through Altamont Pass, an equal opportunity to compete for a share of the $9 billion.

More on the CA Secretary of State's site.
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Proposition 2: Treatment of Farm Animals. PASSED

Statute

• Requires that an enclosure or tether confining specified farm animals allow the animals for the majority of every day to fully extend their limbs or wings, lie down, stand up, and turn around.
• Specified animals include calves raised for veal, egg-laying hens, and pregnant pigs.
• 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.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:

• Probably minor local and state enforcement and prosecution costs, partly offset by increased fine revenue.
  

(Initiative 07-0041.)

For the full text as submitted to the CA Secretary of State, click here.

More on the CA Secretary of State's site.
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Proposition 3: Children’s Hospital Bond Act. PASSED

Bond Act

• 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.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:

• State costs of about $2 billion over 30 years to pay off both the principal ($980 million) and the interest ($1 billion) costs of the bond.
• Payments of about $67 million per year.

(Initiative 07-0034.)


More on the CA Secretary of State's site.
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Proposition 4: Waiting Period and Parental Notification Before Termination of Minor’s Pregnancy FAILED

Constitutional Amendment

• Amends California Constitution to prohibit abortion for unemancipated minor until 48 hours after physician notifies minor’s parent, legal guardian or, if parental abuse reported, an adult family member.
• Provides 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 monetary damages against physicians for violation.
• Requires minor’s consent to abortion, with exceptions.
• Permits judicial relief if minor’s consent is coerced.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:

• Potential unknown net state costs of several million dollars annually for health and social services programs, court administration, and state health agency administration combined.

(Initiative 07-0053.)

More on the CA Secretary of State's site.
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Proposition 5: Nonviolent Offenders. Sentencing, Parole and Rehabilitation. FAILED

Statute

• Requires State to expand and increase funding and oversight for individualized treatment and rehabilitation programs for nonviolent drug offenders and parolees.
• Reduces criminal consequences of nonviolent drug offenses by mandating three-tiered probation with treatment and by providing for case dismissal and/or sealing of records after probation.
• Limits court’s authority to incarcerate offenders who violate probation or parole.
• Shortens parole for most drug offenses, including sales, and for nonviolent property crimes.
• Creates numerous divisions, boards, commissions, and reporting requirements regarding drug treatment and rehabilitation.
• Changes certain marijuana misdemeanors to infractions.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:

• Increased state costs that could exceed $1 billion annually primarily for expanding drug treatment and rehabilitation programs for offenders in state prisons, on parole, and in the community.
• Savings to the state that could exceed $1 billion annually due primarily to reduced prison and parole operating costs.
• Net savings on a one-time basis on capital outlay costs for prison facilities that could exceed $2.5 billion. Unknown net fiscal effect on expenditures for county operations and capital outlay.

(Initiative 07-0081.)

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Proposition 6:Criminal Penalties and Laws. Public Safety Funding. FAILED

Statute

• Requires new state spending on various programs to combat crime and gangs, and to operate prison and parole systems.
• Increases penalties for several crimes, including violating gang injunctions, using or possessing to sell methamphetamine, or carrying loaded or concealed firearms by certain felons.
• Eliminates bail for illegal immigrants charged with violent or gang-related felonies, establishes crime for removing or disabling a monitoring device affixed as part of a criminal sentence, and changes evidence rules to allow use of certain hearsay statements as evidence when witnesses are unavailable.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:

• Net state costs likely to exceed a half billion dollars annually primarily for increased funding of criminal justice programs, as well as for increased costs for prison and parole operations.
• Unknown one-time state capital outlay costs potentially exceeding a half billion dollars for prison facilities.
• Unknown net fiscal impact for state trial courts, county jails, and other local criminal justice agencies.

(Initiative 07-0094.)

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Proposition 7: Renewable Energy. FAILED

Statute

• Requires all 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 all utilities to 40% by 2020 and 50% by 2025.
• Imposes penalties for noncompliance. Fast-tracks approval for new renewable energy plants.
• Requires utilities to sign longer contracts (20 year minimum) to procure renewable energy.
• Creates Solar and Clean Energy Transmission Account to purchase property or rights of way for renewable energy.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:

• State administrative costs of up to $3.4 million annually for the regulatory activities of the Energy Resources Conservation and Development Commission and the California Public Utilities Commission, paid for by fee revenues.
• Potential, unknown increased costs and reduced revenues, particularly in the short term, to state and local governments resulting from the measure’s potential to increase retail electricity rates, with possible offsetting cost savings and revenue increases, to an unknown degree, over the long term to the extent the measure hastens renewable energy development.

(Initiative 07-0066.)


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Proposition 8: Limit on Marriage. PASSED

Constitutional Amendment

• Amends the California Constitution to provide that 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:

• The measure would have no fiscal effect on state or local governments. This is because there would be no change to the manner in which marriages are currently recognized by the state.

(Initiative 07-0068.)

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Proposition 9: Criminal Justice System. Victims’ Rights. Parole. PASSED

Constitutional Amendment and Statute.

• 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.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:

• Unknown potential increases in state prison and county jail operating costs due to provisions restricting early release of inmates.
• To the extent that any such costs were incurred, they could collectively amount to hundreds of millions of dollars annually.
• A potential net savings in the low tens of millions of dollars for the administration of parole reviews and revocations if the changes related to parole revocation procedures were not overturned by potential legal challenges.

(Initiative 07-0100.)

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Proposition 10: Alternative Fuel Vehicles and Renewable Energy. FAILED

Bond. Statute.
Authorizes $5 billion in bonds paid from state’s General Fund, allocated approximately as follows:

• 58% in cash payments of between $2,000 and $50,000 to purchasers of certain high fuel economy and alternative fuel vehicles;
• 20% in incentives for research, development and production of renewable energy technology;
  
• 11% in incentives for research and development of alternative fuel vehicle technology;
• 5% in incentives for purchase of renewable energy technology; 4% in grants to eight cities for education about these technologies;
• and 3% in grants to colleges to train students in these technologies.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:

• State costs of about $9.8 billion over 30 years to pay both the principal ($5 billion) and interest ($4.8 billion) costs on the bond.
• Payments of about $325 million per year.
• Increase in state sales tax revenues of an unknown amount, potentially totaling in the tens of millions of dollars, over the period from 2009 to beyond 2018.
• Increase in local sales tax and VLF revenues of an unknown amount, potentially totaling in the tens of millions of dollars, over the period from 2009 to about 2018-19.
• Potential state costs of up to about $10 million annually, through about 2018 -19, for state agency administrative costs not funded by the measure.

(Initiative 07-0101.)

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Proposition 11: Redistricting. PASSED

Constitutional Amendment and Statute.

• Creates 14-member redistricting commission responsible for drawing new district lines for State Senate, Assembly, and Board of Equalization districts.
• Requires State Auditor to randomly select commission members from voter applicant pool to create a commission with five members from each of the two largest political parties, and four members unaffiliated with either political party.
• Requires nine votes to approve final district maps.
  
• Establishes standards for drawing new lines, including respecting the geographic integrity of neighborhoods and encouraging geographic compactness.
  
• Permits State Legislature to draw lines for congressional districts subject to these standards.

Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government:

• Probably no significant increase in state redistricting costs.

(Initiative 07-0077.)

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Proposition 12: Veterans' Bond Act of 2008. PASSED

Bond Measure

• Authorizes issuance of $900 million in bonds to create a fund that assist veterans who are purchasing farms, homes and mobile home properties.

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