Politichaos

Resolving the Ruckus

San Diego 2016

I live in North County San Diego, and here is what is on the ballot:

  • County Board of Education (5th District)
  • Tri-City Healthcare Board of Directors (vote for 4)
    • *won*Larry Schallock (incumbent), Clinic Pharmacist
    • *won*Rosemarie Reno (incumbent), Registered Nurse
    • Donna Rencsak, Marriage and Family Therapist
    • *won*Julie Nygaard (incumbent)
    • Dan Hughes, Business Owner
    • Marggie Castellano, Film/TV Producer
    • Frank Gould, retired Marine, Judicial Officer
    • *won* Leigh Anne Grass, Registered Nurse
    • Ramona Finnila (incumbent)
  • *passed*Measure A: San Diego County Road Repair, Transit, Traffic Relief, Safety and Water Quality Measure
  • Measure B: Ordinance Amending the County General Plan, County Zonig Map and County Code, and Adopting the Lilac Hills Ranch Specific Plan

California 2016

State Assembly (76th District)

Propositions

Measure A

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San Diego County Road Repair, Transit, Traffic Relief, Safety and Water Quality Measure

*PASSED*

Official Summary

Shall an ordinance be adopted to: repair roads, deteriorating bridges; relieve congestion; provide every community funds for pothole/street repairs; expand public transit, including improved services for seniors, disabled, students, veterans; reduce polluted runoff; preserve open space to protect water quality/reduce wildfires by enacting, with independent oversight/audits, a 40-year, half-cent local sales tax ($308 million annually) that Sacramento cannot take away?

Notes

  • 2/3 approval needed to pass
  • placed on ballot by SANDAG
  • overseen by ITOC
    • 1% admin fee
    • increase sales tax by 0.5% for 40 years
      • statewide base sales tax rate is 7.5%
      • San Diego County is 8% (more in El Cajon, Vista, La Mesa, National City)
      • Exceptions to tax:
        • Sales of tangible personal property to operators of aircraft to be used or consumed principally outside the County
        • Sales of property to be used outside the County that is shipped to a point outside of the County
        • The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.
        • A lease of tangible personal property that is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this Ordinance.
        • If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.
        • bonds would be issued payable from the sales tax proceeds
        • requires local agencies to match funding
        • ask SANDAG to use "best efforts" to complete Priority Corridor programs within 15 years: SR78 (HOV), I-5 (HOV, COASTER double tracking, add Fairgrounds Station), SR52 (HOV), Sorrento Valley Station relocation, new Purple Trolley Line, more Orange and Green and Blue Trolleys, SR 67 (widening), I-8 ("improvements"), SR94/125 (missing connectors), express service San Ysidro-Downtown-Old Town-Kearny Mesa and Iris Station-Otay Mesa
        • "goal" of 80%-100% local workers on capital projects
        • monies used for (min % of net revenue listed):
          • Local Infrastructure Projects (24 %):transit operations/management, transit youth passes, transit incentives for developers, natural habitat development/maintenance, build/maintain local roads, traffic light synchronization, sidewalks, bike paths, beach sand replenishment, greenhouse gas reduction plans, and prepare/implement watershed management plans.
          • Regional Corridors Projects: Transit Services - Capital (26.8 %): new and expanded transit services
          • Regional Corridors Projects: HOV Lanes (1o.8 %)
          • Regional Corridors Projects: Highways and Connectors (3.4 %)
          • Active Transportation Projects (3 %): bikeway facilities and connectivity improvements, pedestrian and walkable community projects, bicycle and pedestrian safety projects and programs, pedestrian grade separation projects, and traffic calming projects
          • Open Space Funding (11.1 %): implementation of the regional share of habitat conservation plans, including acquiring, managing, and monitoring conservation lands
          • Transit Operator Funding: New Transit Services (4.92 %): funding for the region’s transit operators for operation of new, expanded, or enhanced services
          • Transit Operator Funding: Advanced Transit Services (2.53 %)
          • Transit Operator Funding: Enhanced Local Bus Services (1.95 %)
          • Transit Operator Funding: Enhanced Trolley Services (1.95 %)
          • Transit Operator Funding: Enhanced COASTER and SPRINTER Services (0.55 %) - 6 additional one-way weekday trips on COASTER, "increased frequency and longer hours"
          • Grants Program: Rail/Road Grade Separation (5 %)
          • Grants Program: Arterial Traffic Signal Synchronization (1 %)
          • Grants Program: Specialized Transportation Projects (3 %): for projects and programs specifically designed to address the needs of transportation disadvantaged populations (seniors, students, disabled, low-income, veterans)

Measure A Debate

Measure B

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Ordinance Amending the County General Plan, County Zoning Map and County Code, and Adopting the Lilac Hills Ranch Specific Plan

*Failed*

Official Summary

Shall this Initiative be adopted for the purpose of amending the County General Plan, Zoning Ordinance and Code of Regulatory Ordinances and approving the Lilac Hills Ranch Specific Plan (“Plan”)? The Plan provides for the development of a 608-acre master-planned community including 1,746 dwelling units, three commercial centers, a public park, 10 private parks and 16 miles of trails. The project site is generally located north of Escondido and east of I-15 in the unincorporated area of North San Diego County.

Notes

  • located east of I-15, north of the Welk Resort (Valley Center/Bonsall), 608 acres
  • Lilac Hills Ranch website
  • Land Use:
    • Current: Much of the project site is currently used for agricultural operations, and the surrounding area has low-density residential uses. Under the current General Plan designation, up to 110 homes could be developed on the project site; no commercial uses are allowed.
    • Desired: a new community including 1,746 dwelling units (903 single family detached units, 164 single-family attached units, 211 mixed-use units, 468 single-family detached senior citizen units), 3.3 acre Senior Community Center, a 200-room group care living facility, a 10-acre site for institutional uses, such as a house of worship, and three commercial mixed-use centers totaling 90,000 square feet of space. Also 25.6 acres of parks, including a 13.5-acre public park, 10 private parks, and 16 miles of trails, approx 104.1 acres of biological open space, 20.3 acres of common area open space for community gardens, 23.8 acres active agriculture.
  • The measure requires recreational facilities, a potential school site, an internal private road system, storm drain system, underground utilities, water lines, a site for a water reclamation facility and related distribution system, detention basins and wet weather storage ponds.
    • sites for school and water treatment will be provided.
    • the school would not be built, the land is available for a school to be built
    • it is not clear whether the water treatment facility would be provided by Lilac Hills or fall to the local civic entities ($26-28 Million)
  • Lilac Hills Ranch was thoroughly reviewed for over three years by the County’s Planning Department, including two comprehensive Environmental Impact Reports.
  • self-labeled as "a sustainable, smart growth community"
    • dual water pipes ("purple"), drought tolerant plants, pervious surfaces, pre-wired for solar and electric car charging stations
    • lists NGSI (88k residential) as rating system and not the industry-standard USGBC's LEED (255k residential, 380k total projects) which is mentioned in the existing County of San Diego General Plan, does not mention what level of NGSI certification will be pursued (bronze, silver, gold, emerald)
  • The plan requires that the following improvements be provided: parks and recreational facilities, an opportunity for a school, an internal private road system, storm drain facilities, and underground utility lines. The LHR-SP also requires a looped portable water system, water lines, plus a site for a water reclamation facility and its related distribution system, detention basins and wet weather storage ponds as determined necessary by the Valley Center Municipal Water District.
    • not sure if this is being provided by developer, sounds like developer expects this all to be provided by public funds
  • creates exception to fire protection travel time policy, which was approved by Deer Springs Fire Protection District
  • The LHR-SP would implement one of the options for wastewater treatment as approved by the Valley Center Municipal Water District
  • Amendments to the County General Plan
    • changing the project site’s land use designation from semi-rural to village;
    • exempting the project from the leapfrog development restrictions;
    • exempting the project from policies to protect agriculture and to maintain the existing rural life style;
    • exempting the project from the usual methodology for determining the maximum amount of time allowed for the fire agency to get to the project site and applying a separate methodology for the project.

Measure O

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Replace Fire Station 2

*PASSED*

Official Summary

Do the voters of the City of Carlsbad approve spending existing city funds from various sources, including the General Fund, in an amount to exceed $1 million to construct a replacement Fire Station 2 located at the intersection of El Camino Real and Arenal Road for an estimated cost range of $7 million up to $10.5 million?

Notes

  • authorizes spending up to $10.5 Million
  • the city already has money available
  • Prop H (1982) required that if more than $1 Million was to be used for city property, it needs to go to a vote
  • existing Fire Station 2 was built in 1969, no longer meets the City’s service requirements due to limited storage, outdated construction and a lack of compliance with the Essential Facilities Act in the uniform building code

Measure MM

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MiraCosta College Job Training, College Transfer, Veteran Support Measure

*PASSED*

Official Summary

To upgrade classrooms and career training facilities for science, healthcare, technology, advanced manufacturing, other growing local industries, provide job training/placement to Navy/ Marines/ other veterans, improve access to affordable higher education to local students, improve disabled access, repair, construct, acquire classrooms, facilities, sites/equipment, shall MiraCosta Community College District issue $455,000,000 in bonds, at legal rates, subject to local control, requiring annual audits, and independent citizen oversight?

Notes

  • 55% approval needed to pass
  • issue $455 Million in bonds
  • **hadn't heard this before** annual property tax will be increased - estimated to be $15 per every $100,000 in assessed value
  • The allocation of bond proceeds may be affected by the District’s receipt of State matching funds and the final costs of each project
  • Projects **no allocation to any items, and basically all possible expenses except teacher/admin salaries are listed as options**:
    • Add classrooms and laboratories for high-demand courses in nursing, biotechnology, biomanufacturing, and other skilled trades that serve the local economy.
    • Improve student safety and campus security systems, including security lighting, and emergency communications systems, smoke detectors, fire alarms and sprinklers.
    • Repair leaky roofs, worn out floors and restrooms, old rusty plumbing, and faulty electrical systems.
    • Update campus facilities to improve access for students with disabilities.
    • Update instructional technology in the classrooms for improved student learning in core subjects like math, science and technology.
    • Upgrade science center and labs to allow for state-of-the-art courses in biology, chemistry and physical sciences.
    • Expand and improve the Veterans’ Center, which provides job training, counseling, and support services to Navy, Marine, and other military veterans and their families.
    • Update classrooms, labs, libraries and computer systems to keep pace with technology.
    • Improve career training facilities for science, healthcare, technology and skilled trades to better prepare students and returning veterans for success in college and careers.
    • (listed in small print) In addition to the listed projects stated above, authorized projects also include the acquisition of a variety of instructional, maintenance and operational equipment, including interim funding incurred to advance fund projects from payment of the costs of preparation of all facility planning, fiscal reporting, facility studies, assessment reviews, facility master plan preparation and updates, environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated college activities caused by construction projects.
    • (listed in small print!) In addition to the projects listed above, repair, renovation and construction projects may include, but not be limited to, some or all of the following: renovation of student and staff restrooms; replace aging electrical and plumbing systems; repair and replacement of heating, ventilation and air conditioning systems; acquire vehicles; upgrade of facilities for energy efficiencies, including photovoltaic/solar installations; repair and replacement of worn-out and leaky roofs, windows, walls doors and drinking fountains; replace or remove outdated buildings and classrooms and construction of new classrooms and support buildings; installation of wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; upgrade facilities to meet earthquake safety standards, current environmental sustainability and State compliance standards; repair and replacement of fire alarms, emergency communications and security systems; upgrading, resurfacing, replacing or relocating of hard courts, fields, turf and irrigation systems; install sod or artificial turf on athletic fields; upgrade classrooms; build or upgrade facilities; construct, expand or reconfigure facilities to create lecture classrooms; construct parking lots, upgrade, resurfacing and reconditioning existing parking lots; improve vehicular access and traffic circulation; improve pathways, such as sidewalks, pedestrian bridge, traffic center; improve drop-off zones, bus stops; repair, upgrade and install interior and exterior lighting systems; replace water lines and valves, gas and sewer lines and other plumbing systems; construct, upgrade, acquire or expand multi-use classrooms and labs, fine arts and visual and performing arts facilities, learning resources center, physical education/aquatic facilities, gym, locker rooms, field lights, bleachers, press box, track replacement, support buildings, student service/campus center and instructional buildings, campus police building, resource center, libraries, automotive building, athletic fields, student services buildings; improve water conservation and energy efficiency; acquire land; replace or upgrade outdated security and safety systems; replace existing window systems with energy-efficient systems to reduce costs; improve insulation, weatherproofing and roofs to reduce costs; improve access for the disabled; install and repair fire safety equipment, including alarms, smoke detectors, sprinklers, emergency lighting, and fire safety doors; replace broken concrete walks, deteriorated asphalt; replace/upgrade existing signage, bells and clocks; demolition of unsafe facilities; install new security systems, such as security (surveillance) cameras, burglar alarms, handrails, outdoor lighting, fencing, gates and classroom door locks; create outdoor study and gathering spaces; interior and exterior painting, wall and floor covering replacement; improve drainage systems to prevent flooding; upgrade roadway and pedestrian paths for improved safety and access for emergency vehicles, site parking, utilities and grounds.
    • The project list also includes the refinancing of outstanding lease obligations.
    • The upgrading of technology infrastructure includes, but is not limited to, upgrading classroom technology, expanding wireless internet access, acquire portable interface devices, servers, switches, routers, modules, sound projection systems, information systems, printers, digital white boards, upgrade voice-over-IP, communication systems, audio/visual and telecommunications systems, call manager and network security/firewall, Internet connectivity, wireless systems, technology infrastructure, and other miscellaneous IT and instructional equipment, DATA storage, fiber/copper infrastructure, phones, identity access cards and the creation.
    • The Project List includes the construction of buildings for general education classrooms, chemistry and biotechnology, allied health, arts/ media services, engineering, math, technology and applied sciences and physical education and kinesiology, and the renovation of facilities for student services, business and workforce development, biology and related sciences.
    • Necessary site preparation/restoration may Oceanside Campus ur in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including ingress and egress, removing, replacing, or installing irrigation, utility lines, trees and landscaping, relocating fire access roads, and acquiring any necessary easements, licenses, or rights of way to the property.
    • Proceeds of the bonds may be used to pay or reimburse the District for the cost of District staff when performing work on or necessary and incidental to bond projects.

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

Proposition 63

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Firearms. Ammunition Sales.

"Safety for All Act of 2016"

initiative statute

*PASSED*

Official Summary

Requires background check and Department of Justice authorization to purchase ammunition. Prohibits possession of large–capacity ammunition magazines (>10 rounds), and requires their disposal. Establishes procedures for enforcing laws prohibiting firearm possession by specified persons. Requires Department of Justice's participation in federal National Instant Criminal Background Check System (currently optional).

Fiscal Impact: Increased state and local court and law enforcement costs, potentially in the tens of millions of dollars annually, related to a new court process for removing firearms from prohibited persons after they are convicted.

Notes

  • requires most ammunition sales be made through licensed ammunition vendors and reported to Dept of Justice
    • 1 year license
    • not required if hunter selling less than 50 rounds per month to another licensed hunter on hunting trip
    • firearm dealers will automatically get ammunition license
    • dealers must report any theft within 48 hours
    • vendor who fails to comply 3 times will have license permanently revoked
    • starting Jan 2018, most ammo sales must take place through licensed ammo dealer (including internet sales)
    • starting July 2019, CA residents bringing ammo into state must have ammo delivered to a dealer (1.5 yrs before current law goes into effect)
    • if transaction between 2 non-licensed individuals, must go to licensed dealer to do check before transfer happens, unless immediate family member
    • requires specific signage at licensee
    • gun show sales are included
    • report of sales (current process for handgun ammo) adjusted - removes requirement for right thumbprint on form; must keep ammo sales records - Ammunition Purchase Records File
  • Dept of Justice approval to buy ammo
    • starting July 2019, dealer will need to check with DOJ to be sure person buying is not on prohibited list
    • check not necessary for people with conceal carry permits (July 2016 law negates this)
    • individuals must obtain a 4-year permit from Dept of Justice (up to $50 fee)
  • large capacity magazines (hold more than 10 rounds)
    • have not been sold in CA since 2000
    • persons who owned them before 2000 could keep them
    • beginning July 2017, these magazines would be illegal
    • exempt: if firearm only can use large capacity magazine
    • exempt: current and retired law enforcement, armored car businesses, licensed collector of firearms
  • in quite a bit of the law's changes, "handgun ammo" is being replaced by "ammo"
  • requires lost or stolen firearms and ammunition be reported to law enforcement within 5 days, except antique firearms and for law enforcement individuals
    • name, date of birth, physical description
  • requires Dept of Justice to provide information about prohibited persons to federal National Instant Criminal Background Check System (NICS) - currently optional
  • taking guns away
    • new court process to have certain offenders define a designee who will turn over their guns to local law enforcement for holding for 30 days, sell them or give them to a licensed firearms dealer for storage
  • prohibited persons:
    • convicted of felonies and some misdemeanors (such as assault, battery)
    • court determines they are a danger to themselves or others  due to mental illness
    • with a restraining order against them
  • CA Dept of Justice maintains a database of individuals who have legally bought or registered a firearm with the state
  • Under federal law, firearm dealers must already do background checks on individuals seeking to buy firearms
  • Current Law - 10 day waiting period when buying gun from dealer
  • Fines defined in laws, lots of them, mostly $100-$1000

Proposition 64

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Marijuana Legalization.

"Control, Regulate and Tax Adult Use of Marijuana Act"

initiative statute

*PASSED*

Official Summary

Legalizes marijuana under state law, for use by adults 21 or older. Imposes state taxes of 15% on sales and taxes of $9.25/oz flowers or $2.75/oz leaves on cultivation. Provides for industry licensing and establishes standards for marijuana products. Allows local regulation and taxation.

Fiscal Impact: Additional tax revenues ranging from high hundreds of millions of dollars to over $1 billion annually, mostly dedicated to specific purposes. Reduced criminal justice costs of tens of millions of dollars annually.

Notes

  • taxes
    • on growing: $9.25/oz flowers or $2.75/oz leaves
    • retail tax: 15%
    • existing state and local sales tax (currently 7.5%-10%) - only on non-medical
    • funds deposited into California Marijuana Tax Fund
  • legal to:
    • possess up to 28.5 grams of marijuana
    • possess up to 8 grams of concentrated cannabis
    • possess up to 6 plants in a private residence, and the marijuana produced by them (in locked space, not visible from public space)
  • allows for local regulation/taxes/prohibition
  • authorizes resentencing and destruction of records (within 2 years) for prior marijuana convictions
  • mandatory labeling and packaging requirements
  • large scale cultivation licenses prohibited for the first 5 years; license could be denied if the grower could "allow unreasonable restraints on competition by creation or maintenance of unlawful monopoly power"
  • mandates that products cannot be advertised or marketed towards children
  • allows industrial hemp to be grown, regulated separately from cannabis with higher delta-9 THC concentrations
  • prohibited:
    • smoking in public spaces
    • smoking where tobacco smoking is prohibited
    • smoking or ingesting within 1000 feet of K-12 school, day care center or youth center when children are present except upon grounds of private residence if smoke is not detectable on those grounds
    • no open containers in vehicles
    • penalties: drug education programs + community service for those under 18, fines up to $250
  • licenses will start to be distributed in 2018; until 2020, must have been continuous California residency since Jan 1, 2015; until 2020, priority given to existing medical marijuana vendors; not to violent/serious/embezzlement/fraud/drug activities with a minor/drug trafficking felons or persons previously convicted of illegal marijuana activities within 3 years
  • patients with current medical marijuana permit will have to be re-certified by 2018 (fee up to $100)
  • under federal law, it is illegal to posses or use marijuana, but US DOJ chooses not to prosecute most marijuana users and businesses that follow state and local law
  • 1996 Prop 215 legalized medical marijuana in CA
  • regulated by the Bureau of Marijuana Control - handles both medical and non-medical regulations and licensing; edibles and testing regulated byDept of Public Health; growers also regulated by Dept of Food and Agriculture, State Water Resources Control Board, Dept of Fish and Wildlife, Dept of Pesticide Regulation
  • purchase would occur at state-licensed business (not within 600 feet of a K-12 school, day care or youth center) or through their delivery service
  • state-licensed business could not sell alcohol or tobacco products, could allow on-site consumption with local authorization
  • cultivation applicants must include procedures on the application for: cultivation, extraction and infusion methods, transportation process, inventory process, quality control, water source(s), diagram of premises
  • California Marijuana Tax Fund allocations
    • $10-50 Million - grants to communities most affected by past drug policies
    • $10 Million - evaluate effects of the measure (2018-2028)
    • $3 Million - create and adopt methods to determine whether someone is driving while impaired (2018-2022)
    • $2 Million - study risks and benefits of medical marijuana
    • 60% of remaining - youth programs, including substance use disorder education, prevention and treatment
    • 20% of remaining - clean up and prevent environmental damage of illegal growing of marijuana
    • 20% of remaining - programs designed to reduce driving under the influence and grant program designed to reduce any potential negative impacts on public health or safety resulting from the measure