 |
 |
 |
 |
 |
 |
 |
Client News
November 2008 Ballot Measures
By Todd Priest, Curt Pringle & Associates
September 2008, Orange County Realtor
Proposition 1, Safe, Reliable High-Speed Passenger Train Bond Act
The Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century. Issuance of $9.95 billion for high speed rail.
Proposition 2, Treatment of Farm Animals
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.
Proposition 3, Children’s Hospital 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.
Proposition 4, Waiting Period and Parental Notification Before Termination of Minor’s Pregnancy
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.
Proposition 5, Nonviolent Offenders. Sentencing, Parole and Rehabilitation
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.
Proposition 6, Criminal Penalties and Laws. Public Safety Funding
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.
Proposition 7, Renewable Energy
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.
Proposition 8, Limit on Marriage
Amends the California Constitution to provide that only marriage between a man and a woman is valid or
recognized in California.
Proposition 9, Criminal Justice System. Victims’ Rights. Parole.
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.
Proposition 10, Alternative Fuel Vehicles and Renewable Energy
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.
Proposition 11, Redistricting
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.
Proposition 12, Veteran’s Bond Act of 2008
Authorize, for purposes of financing a specified program for farm, home, and mobile home purchase assistance for veterans, the issuance, pursuant to the State General Obligation Bond Law, of bonds in the amount
of $900,000,000.