California Propositions on the November
2004, General Election Ballot

 Proposition 59
SCA 1 (Resolution Chapter 1, Statutes of 2004). Burton.
Government Information pdf

 Proposition 60
SCA 18 (Resolution Chapter 103, 2004). Johnson. Surplus State Property

 Proposition 61
1003. (SA03RF0033, Amdt. #1-S). Children's Hospital Projects. Grant Program. Bond Act. Initiative Statute.

Proponent: Susan Maddox, c/o Thomas Hiltachk, (916) 442-7757

Authorizes $750,000,000 in general obligation bonds, to be repaid from state's General Fund, to fund grants to eligible children's hospitals for the construction, expansion, remodeling, renovation, furnishing and equipping of children's hospitals. Twenty percent of bonds shall be available for grants to certain University of California general acute care hospitals, and eighty percent of the bonds shall be available for grants to other general acute care hospitals whose missions focus on children with illnesses such as leukemia, heart defects, sickle cell anemia and cystic fibrosis, and which meet other stated requirements. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Assuming 30-year bonds at an interest rate of 5.5 percent, the state cost would be about $1.5 billion over 30 years to pay off both the principal ($750 million) and interest ($800 million) on the bonds. Payments of about $50 million per year. This measure would also result in minor administrative costs to the California Health Facilities Financing Authority.

 Proposition 62
1005. (SA03RF0031, Amdt. #1-S). Elections. Primaries. Initiative Constitutional Amendment and Statute.
Proponents: Nick Tobey, Susan Riegel Harding, and George David Kieffer c/o Peter A. Bagatelos (415) 242-8830 and c/o Barry Fadem (925) 283-0581

Requires primary elections in which voters may vote for any state or federal candidate regardless of party registration. Exempts presidential nominations and elections of party central committees, in which only registered party members may vote unless party otherwise permits. Only the two primary-election candidates with most votes for an office, whether or not members of the same party, would be listed on general election ballot; however, candidate receiving majority vote in special primary election is elected. Requires party's consent to allow identification of candidates' party registration on ballot and other official election publications. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Measure would result in no significant net fiscal effect on state or local governments.

 Proposition 63
1007. (SA03RF0036). Mental Health Services Expansion and Funding. Tax on Incomes over $1 Million. Initiative Statute.
Proponents: Assemblyman Darrell Steinberg and Sherman Russell Selix, Jr., (916) 557-1166

Provides funds to counties to expand services and develop innovative programs and integrated service plans for mentally ill children, adults and seniors. Requires state to develop mental health service programs including prevention, early intervention, education and training programs. Creates new commission to approve certain county programs and expenditures. Imposes additional 1% tax on taxable income over $1 million to provide dedicated funding for expansion of mental health services and programs. Current funding for mental health programs may not be reduced because of funding from new tax. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Additional revenues of approximately $250 million in 2004-05, $680 million in 2005-06, $700 million in 2006-07, and increasing amounts annually thereafter, with comparable increases in expenditures by the state and counties for the expansion of mental health programs. Unknown savings to the state and local agencies potentially amounting to hundreds of millions of dollars annually on a statewide basis from reduced costs for state prison and county jail operations, medical care, homeless shelters, and social services programs that would partly offset the additional cost of this measure.

 Proposition 64
1016. (SA03RF0051). Limitations on Enforcement of Unfair Business Competition Laws. Initiative Statute.
Proponents: Allan S. Zaremberg and John H. Sullivan c/o Richard Martland, (916) 446-6752
 

Amends unfair business competition laws to: limit individual's right to sue by allowing private enforcement only if that individual has been actually injured by, and suffered financial/property loss because of an unfair business practice; require representative claims to comply with procedural requirements applicable to class action lawsuits; authorize only California Attorney General or local public officials to sue on behalf of general public to enforce unfair business competition laws. Penalties recovered by Attorney General or local prosecutors to be used only for enforcement of consumer protection laws. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown fiscal impact on the state depending on whether the measure increases or decreases court workload related to unfair competition lawsuits; unknown potential costs to local governments, depending on the extent to which diverted funds are replaced.

 Proposition 65
1031. (SA03RF0067). Local Government Funds and Revenues. State Mandates. Initiative Constitutional Amendment.
Proponents: Steven C. Szalay, Catherine Smith, Christopher K. McKenzie, c/o Cathy Christian (916) 446-6752
 

Requires voter approval for any legislation that provides for any reduction, based on January 1, 2003 levels, of local governments' vehicle license fee revenues, sales tax powers and revenues, and proportionate share of local property tax revenues. Permits local government to suspend performance of state mandate if State fails to reimburse local government within 180 days of final determination of state-mandated obligation; except mandates requiring local government to provide/modify: any protection, benefit or employment status to employee/retiree, or any procedural/substantive employment right for employee or employee organization. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This initiative would have the following fiscal effects, the magnitude of which would depend on future actions by the Legislature and state voters: Higher and more stable local government revenues than otherwise would have been the case, potentially several billion dollars annually. Significant changes to state finance, potentially including higher state taxes or lower spending on state programs than otherwise would have been the case. The state fiscal effect would be commensurate with the measure's impact on local governments.

 Proposition 66
1015. (SA03RF0047, Amdt. #1-S). Limitations on "Three Strikes" Law. Sex Crimes. Punishment. Initiative Statute.Proponent: James R. "Jim" Benson, (714) 547-9842
 

Amends "Three Strikes" law to require increased sentences only when current conviction is for specified violent and/or serious felony. Redefines violent and serious felonies. Only prior convictions for specified violent and/or serious felonies, brought and tried separately, would qualify for second and third "strike" sentence increases. Allows conditional re-sentencing of persons with sentences increased under "Three Strikes" law if previous sentencing offenses, or prior convictions used to increase sentences, would no longer qualify as violent and/or serious felonies. Increases punishment for specified sex crimes against children. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Unknown, but significant net savings to the state ranging from several tens of millions of dollars to several hundreds of millions of dollars annually due to lower prison operating costs partially offset by costs associated with court-related activities, parole supervision, and the incarceration of and counseling services for sex offenders. Potential state deferral of several hundreds of millions of dollars in capital outlay costs associated with delayed construction of additional prison beds. Increased one-time costs of up to several tens of millions of dollars for jail and court-related costs; ongoing costs of a couple of tens of millions of dollars.

 Proposition 67
1010. (SA03RF0043). Emergency and Medical Services. Funding. Telephone Surcharge. Initiative Constitutional Amendment and Statute.
Proponents: John Whitelaw, MD, Kacey Hansen, RN, William Wesley Fields, MD c/o Tom Hiltachk (916) 442-7757
 

Provides funding for emergency personnel training and equipment, reimbursement for uncompensated emergency physician care, uncompensated community clinic care, emergency telephone system improvements, and to hospitals for emergency services. Commission to administer physician funding. Funded by: Addition of 3% to surcharge rate on telephone use within California; portions of tobacco taxes; criminal and traffic penalties. Monthly cap of 50 cents on surcharge collected by residential service providers, but not cell phone or business lines. Excludes funding from government appropriations limitations, and telephone surcharge from Proposition 98's school spending requirements. Summary of estimate of Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased revenues of about $550 million annually from increased charges on telephone usage for emergency care services and other specified purposes. These revenues would probably grow in future years.

 Proposition 68
1027. (SA03RF0059). Tribal Gaming Compact Renegotiation. Non-Tribal Commercial Gambling Expansion. Revenues, Tax Exemptions. Initiative Constitutional Amendment and Statute.
Proponents: Louis J. Blanas and Lee Baca, c/o Barry Fadem (925) 283-0581
 

Authorizes Governor to renegotiate tribal-state compacts to require that tribes: Pay 25% of slot machine/gaming device revenues to government fund; comply with multiple state laws; accept state court jurisdiction. Unless all compacted tribes accept terms within 90 days, or if terms determined unlawful, authorizes 16 specified non-tribal racetracks and gambling establishments to operate 30,000 slot machines/gaming devices, paying 33% of revenues to fund public safety, regulatory, social programs. Provides exemption from future state/local tax increases. Limits new tribal gaming. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would have the following major fiscal effect: Increased local government revenues of likely over $1 billion annually from new gambling revenues. The revenues would be used primarily for additional firefighting, police, and child protective services.

 Proposition 69
1029. (SA03RF0065). DNA Samples. Collection. Database. Funding. Initiative Statute.
Proponent: Bruce E. Harrington, c/o Thomas Hiltachk (916) 442-7757
 

Requires collection of DNA samples from all felons, and from adults and juveniles arrested for or charged with specific crimes, and submission to state DNA database; and, in five years, from adults arrested for or charged with any felony. Authorizes local law enforcement laboratories to perform analyses for state database and maintain local database. Specifies procedures for confidentiality and removing samples from databases. Imposes additional monetary penalty upon certain fines/forfeitures to fund program. Designates California Department of Justice to implement program, subject to available moneys: Authorizes $7,000,000 loan from Legislature for implementation. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would result in the following direct fiscal effects: Unknown annual state costs potentially over $10 million initially, increasing to a couple tens of millions of dollars when fully implemented to collect, analyze, and store increased DNA samples. These costs would be partially offset by increased criminal penalty revenues. Unknown annual local costs potentially several million dollars initially, increasing to over $10 million when fully implemented to collect DNA samples. These costs could be offset by increased criminal penalty revenues.

 Proposition 70
1046. (SA04RF0005, Amdt. #1-NS). Tribal Gaming Compacts. Exclusive Gaming Rights. Contributions to State. Initiative Constitutional Amendment and Statute.
Proponent: Richard Milanovich, c/o Fredric D. Woocher (310) 576-1233 and Gene Raper (760) 778-7413
 

Requires Governor to offer renewable 99-year gaming compacts to federally recognized Indian tribes providing: exclusive gaming rights on Indian land; no limits on number of machines, facilities, types of games; contribution to state fund of portion of net tribal gaming income, based on prevailing state corporate tax rate; off-reservation environmental impact reports, public notice/comment opportunities before significant expansion or construction of gaming facilities. Contributions are in lieu of any other fees, taxes or levies. Contributions terminate if state permits non-tribal casino-type gaming. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would have the following major fiscal effect: Increased state gaming revenues - potentially several hundreds of millions of dollars annually. These revenues could increase significantly over time.

 Proposition 71
1021. (SA03RF0055, Amdt. #1-NS). Stem Cell Research. Funding. Bonds. Initiative Constitutional Amendment and Statute.
Proponents: Roberta B. Johansen and James C. Harrison, c/o Remcho, Johansen & Purcell (323) 468-3391
 

Establishes "California Institute for Regenerative Medicine" to regulate stem cell research and provide funding, through grants and loans, for such research and research facilities. Establishes constitutional right to conduct stem cell research; prohibits Institute's funding of human reproductive cloning research. Establishes oversight committee to govern Institute. Provides General Fund loan up to $3 million for Institute's initial administration/implementation costs. Authorizes issuance of general obligation bonds to finance Institute activities up to $3 billion subject to annual limit of $350 million. Appropriates monies from General Fund to pay for bonds. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: State cost of about $6 billion over 30 years to pay off both the principal ($3 billion) and interest ($3 billion) on the bonds. Payments of about $200 million per year.

 Proposition 72
1008. (SA03RF0049). Referendum Petition to Overturn Amendments to Health Care Coverage Requirements.
Proponents: Allan Zaremberg and John Dunlap III