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HomeMy WebLinkAboutJune 5, 2012 - California Presidential Primary Election - Of CALIFORNIA PRESIDENTIAL --------------- -------------------- isms= ----- n i TUESDAY, JUNE 59 2012 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 1, Debra Bowen, Secretary of State of the State of California,hereby certify that the measures include(].herein will be.submitted to the electors at the Presidential Primary Election to be held on June 5,2012, and that this -aide has been prepared in accordance w th tlae law )Witness my han(] and the Great Seal of the State in Sacramento. California, this 12th day of March, 2012, Debra Bowen Secretag of Irate Dear Fellow Voter: By,registering to vote, you have taken the first step in playing an aCCJYC role in deciding C,-Jift)rnia's future. Now, to help you make your decisions, my office has created this Official Voter Information Guide—just one of the useful tools for learning more about what will be on your ballot and how this years s primary elections work in California. Information about candidates and measures unique to your region is available in your county sample ballot booklet. And for even more details about the electoral process—including how to check your voter registration status, -where to vote, Or whether your vote-by--n-tail ballot was received visit zmvw..sirs. �U.0. �ovilelec 'ins or call (800) 345-VOTE. Voting is easy, and every registered voter has a choice of voting by mail or in a local polling place. The last day to request a vote-by-mall ballot from your county elections office is May 29. There -are more ways to participate in the electoral process. • Be a poll worker on Election Day, helping to make voting easier for all eligible voters and protecting ballots until they are counted by elections officials. • Spread the word -about voter registration deadlines and.voting rights through emails, phone calls, brochures, and posters. • Help educate other voters about the candidates and issues by organizing discussion groups or participating in debates With friends, fancily; and community leaders, This guide contains titles and Aunmaries of state ballot measures prepared by Attorney General KaMala D. Harris, impartial analyses of the ballot measures and potential costs to taxpayers prepared. by Legislative Analyst Mac Taylor,, arguments in favor of andagainst bailor measures prepared. by proponents and opponents; text of the proposed laws prepared and. proofed by Legislative Counsel Diane F. Boyer-Vine; and other useful information. 'rhe printing of the guide was done under the supervision of Acting State Printer Kevin R Hannah. It is a wonderful privilege in a democracy to have a choice and. the right to voice your opinion. AS VOL; know, some contests really do come down to a narrow margin of a few votes. I 1 .1 1 encourage you to take the time to carefully"read about each candidate and. ballot measure------and to know your voting rights. Thank you for taping your civic responsibility seriously and making your voice heard! TABLE OF CONTENTS PAGE QUICK-REFERENCE GUIDE 7 PROPOSITIONS 28 Linaits on Legislators' Terms in Office. Initiative Constitutional. -Amendment............_ 29 Imposes Additional Tax can Cigarettes for Cancer Research. Initiative Statute, ,,....,,.. 1 G.S. SENATE CANDIDATE STATEMENTS 21 TEXT OF PROPOSED LA' S 2 VOTER GILL OF RIGHTS 31 INFORMATION PAGES Primary Elections in California......................................................................................... 4 Important Information About This Presidential Primary Election and. Voters -With No Political Party Preference ............................................................................... 5 J AboutBallot Arguments................................................................................................... 6 V:)tIng by Mail in California............................................................................................. 6 If Your Narrie Is Not on the List at Your Dolling Place ...................................................... 6 U.S. Presidential Candidates........................................................................................... 20 District-Level and. U" S. :senate Candidate Statements,,,,,,,,,,,,, 20 Large Print and Audio Voter Guides............................................................................... 30 Vter Registration........................................................................................................... 30 ,`Mate and. Federal Voter Identification Requirements............. 30 VISIT THE SECRETARY OF STATE'S WEBSITE TO: • View voter guides in other languages u°nw.votcpguzdc.sos.ca.gov • Research campaign contributions and lobbying activity http:llcal acce s.sos.ca.gov • Find your polling dace on Election Day uF vw sos,ca. of?/elections/elections'---,�'p� ��tr�? • Obtain vote-by-mail ballot information i, �i.vw.sos.ca..govle ections_m.ht-nI • Get helpful information for first-time voters wwu...sos.ca.gov/c-/�ctaolasl'nei.tt--voter • d i tch lire election results after polls close on election Day htt :11vote.sos.ca.goz) Ta.&Ze raj"Contents 1 3 Primary Elections in California The rfop'Rvo Candidates Open Primary Act requires that all candidates for a voter-nominated office be listed on the same ballot. previously known as partisan offices, voter-nominated offices are state legislative offices, U.S. congressional offices, and state constitutional offices. In this new open primary system, this rneai:s you can vote for and; candidate, regardless of what party preference you indicated on your voter registration form. Only the two candidates receiving the most votes—regardless of panty preference—move on to the general election regardless of vote totals. If a candidate receives a majority of the vote (150 percent +I), a general election still must be held. Even if there are only two candidates in the open primary, a general election is still required. Write-in candidates for voter-nominated offices can still run in the primary,election. However, a write-in candidate can only move on to the general election if the candidate is one of the top tvsro vote-getters in the primary election. Additionally, there is no indepeindent nomination process foi- a general election. Ca.lifornias new open primary system discs not apply to candidates running for U.S. President, county central committee, or local. offices. For more information about the June 5 presidential primary, see page 5 of this guide, l'or more information about Califiornia's primary,elections, including frequently asked questions and certified lists of candidates for voter-nominated offices in your area, visit a U)U".SOsacri.g©i�Iclectaops or call (800) 3 15ATOTI 8683). C.a.liforma lava requires that the following information be printed in this guide. Party-Nominated/PartisanOffices Political parties may formally nominate candidates for party-norninatedlpartisan offices at the primary election. A nominated candidate will represent that party as its official candidate for the specific office at the general election and the ballot will reflect an official designation. The top vote-getter for each party at the primary election moves on to the general election. Parties also elect officers of county central committees at the primary election. A voter can only vote in the primary election of the political party he or she has disclosed a preference�r upon registering to vote. Flowever, a political party-may allow a person who has declined to disclose a party preference to vote in that partyrs primary election. Voter-Nominated Offices Political parties are not entitled to formally nominate candidates for voter-non-Ei_nated offices at the primary election. A candidate nominated fora voter-nominated.office at the primary election is the nominee of the people and not the official nominee of any party at the general election.A candidate Or nomination to a voter-nominated office shall have his or her party preference, or lack of'party preference, stated. on the ballot, but the party preference designation is selected solely by the candidate and is shown for the information of the voters only. ft does not mean the candidate is nominated or endorsed by the, party designated., or that there is an affiliation between the party and candidate, and no candidate nominated by the voters shall be deemed to be the officially nominated candidate of any political party In the county sample ballot booklet, parties may list the candidates for vote r-norni_nated offices who have received the partys official endorsement. Any voter may vote for any candidate for a voter-nominated office, if_they meet the other qualifications required. to vote for that office. The top two vote-getters at the primary election move on to the general election for the voter-nominated office even if*both candidates have.specified the same party preference designation. No party is entitled to have, a candidate with its party preference designation move on to the general election, unless the candidate is one of the two highest vote-getters at the primary election. Nonpartisan Offices Political parties are not entitled to nominate candidates for nonpartisan offices at the primary election, and. a candidate at the primary election is not the, official nominee of any party for the specific office at the general election.A candidate for nornination to a nonpartisan office inay NOT designate his or her party preference, or lack of party preference., on the ballot.The top two vote-getters at the primary election move on to the general election for the nonpartisan office. 4 Important Information About This Presidential Primary Election and Voters With No Political Party Preference Party Preference California law requires that the term "party pref'eretice" now be used in place of the term "party -g* I -whether or not to indicate a preference affiliation On the voter registration form, a voter may choose I for a political party, A voter with no party preference (NI'l)') is anyone who chose to not indicate a political party preference when lie or she registered to vote, Voters who were previously known as decline-co--state voters (because they did not have a party affiliation) are now known as having no party preference. Primary Elections Manv candidate contests on your June 5 ballot are governed by a new open primary law that took effect I 1 17 this year. For more information about the Trap Two Candidates Open Primary Act, see page 4 of this guide. The state's open primary law does not apply to candidates running for U1,S. President., county central committee, or local office. Qualified political parties in California may,hold presidential primaries in one of two ways: • Closed.presidential primary, in which only voters indicating a preference for the party rnav vote for That party's presidential nominee. • Modified-closed primary, in which the party also allows voters who did not state a party preference to vote for that party's presidential nominee. If a qualified political party chooses to hold a modified-closed presidential primary, the party must notify the California Secretary of State no later than the 135th day before Election Day, The fallowing political parties are allowing NPP voters to request and vote their party's June 5 presidential primary ballot: • American Independent Party • Democratic Party If indicated a political party preference when you registered to vote, you may,only vote for a presidential candidate in the presidential primary election of'that party. If you did not indicate a political party preference when 'You registered to vote, some of the political parties will allow you to vote for their presidential candidates anyway. NPP voters can request a ballot of any political party that has notified the Secretary of State that it will permit NPP voters to help nominate w their presidential candidate, You may NO'F request more than one party's presidential ballot, If you do not request a specific ballot, you will be given an NIT ballot containing only ballot measures and the names of'candidates for open primary offices. If You Vote by Mail Flach county elections office is required to mail all NPP voters who are registered as permanent vote-by- mail voters a notice and application regarding voting in the primary election. The notice shall inform the voter that he or she inay request a vote-by-mall ballot for a particular political party for the presidential primary if that part,; authorized NPP voters to vote in their primary. If are a vote-by-niall voter and you would like to participate in one of the participating parties presidential primary, you rust request The party's ballot prior To being issued a.vote-by-mall ballot. If YOU have already been issued. an NPP ballot but would like to request a ballot froin one of the participating parties, you must contact Your County elections office. About Ballot Arguments The Secretary of State's office does not write ballot arguments. Argunienos in favor of and against ballot measures are provided by the proponents and opponents of the ballot measures. If multiple -arguments are submitted for or against a measure, the law requires that first priority be given to arguments written by legislators in the case of legislative measures, and arguments written by the proponents of an, initiative or referendumin the case of an initiative or referendum measure. SUbseq`Uent priority f'or all measures goes to bona fide associations of citizens and then to individual voters.The submitted argurnenr language cannot be verified for accuracy or changed in any way unless a court orders that the language be changed. 1 17 Voting bit Mail in California Arty registered voter can vote by mail in Califorma.To vote by mail, you must apply to your county elections office for a vote-by-mall ballot at least seven days bef'ore Election Day, You can use the form on the county sample ballot booldet you receive in the mail a fewvveeks before. Election Day to apply for a vote-bv-mail ballot, or send your request in writing to your county elections office. Your request 'must include your printed name and the address where you live, the address where you want to receive your vote-by-mall ballot, your signature, and the name and date of the election in which you want to vote by mail. Once your application is processed by your county elections official, the proper ballot will be sent to you, After you mark your choices on your vote-by-mall ballot, put it in the official envelope provided by your county elections office and seal it. Place the proper postage on the envelope and sign the outside ONI-le envelope where, directed., You may return your voted vote-bar-mall ballot by: I • Mallin-, it to your county elections office; • Returning it in person to any polling place or elections office within Your county on Election D av; or • Authorizing a legally allowable third party (spouse, child, parent, grandparent, grandchild., 17 111� brother, sister, or a person residing in the same household as you) to return the ballot on your behalf to any polling place or elections off-ice within your county on Election Day. In any case,your vote-by-mail.ballot must be received by the time polls close at 8.00 p.m. on EIgqjga Ivi g so be sure to mA your ballot afew days before Election Day. Late-arri ng vote-by- mail ballots cannot be counted. f ti'Tour Name Is Not on the List at 'Tour Polling Place If your name does not appear on the voter list at your polling place, you have the right to cast a provisional ballot at any polling place in the county in -which you ou are registered To vote. Provisional ballots are ballots cast by voters who: • Believe they are registered to vote even though their names do not appear on the official voter registration list; • Believe the official -voter registration list incorrectly lists their political party preference; or • Vote by inall but cannot: locate their vote-bar-mail ballot and instead want to vote at a polling place. Your provisional ballot will be counted after county elections officials have confirmed that you are registered to vote and did not vote elsewhere In that same election.The poll worh-er can give you information about how to check that your provisional ballot was counted and, if it was not counted, the reason why. 6 1 QUICK-REFERENCE GUIDE PROP LIMITS ON LEGISLATORS' TERMS IN OFFICE. INITIATIVE PROP IMPOSES ADDITIONAL TAX ON CIGARETTES FOR CANCER 28 CONSTITUTIONAL AMENDMENT. 29 RESEARCH. INITIATIVE STATUTE. SUMMARY Put on the Ballot by Petition Signatures SUMMARY Put Oil the Ballot by Petition Signatures Reduces total amount of tirne a person may serve.in the state Imposes additional$1,00 Per pack tax on cigarettes and an legislature from 14 years to 12 years.Allows 12 years'service in equivalent tax increase on other tobacco products. Revenues fund g! -e one house.Applies only to legislators first elected after measure research for cancer and tobacco-related diseases, Fiscal Impact: is passed, Fiscal Impact: No direct fiscal effect on state or local Net increase in cigarette excise tax revenues of about$735 million governments. annually by 2013-14 for certain research and tobacco prevention and cessation progratris. Other state and local revenue increases amounting to tens of millions of dollars atirivall.}: WHAT YOUR VOTE MEANS WHAT YOUR VOTE MEANS YESA YES vote on this A NO vote on this measure AYES vote on this A NO vote on tIns measure measure means: Future NO means: Existing term fir n�is YESmeasure.tnearis: State NO tnearis:State excise taxes on Members Of the State Legislature for the Legislature would nrnain excise taxes on cigarettes would cigarettes Would remain at the could serve a total of 12-years in place for current and future increase by$1 per pack to.1. current level Of 87 I / Cents per pack :n office--®without regard to legislators.These limits allow total of$1.87 per pack.These and would.continue to be used for existing add't' r ------ onal revenues would.be. purposes,including whether the years years were served in a total of 14 office years: the State Assembly or the State including a maxii-nurn of six dedicated to fund cancer and childhood developtnent Senate. Legislators fast elected years in the St-teAssernblv and totic:(o-r-Iated disease iew -ch programs sand various health on or before June 5,2012 i e4 ght years in the State Senate., and tobacco prevention and and tobacco prevention and would continue to be restricted cessation programs. cessation prograrns, by existing term 1;in i ts. ARGUMENTS ARGUMENTS PROThe status quo isn't CON Proposition 28 is a scam PRO The American Cancer CON Everyone supports cancer Nvorking.After two by special interests to Society,Am! e-ican Heart research,but Prop.29 is decades,our term! limits law trick voters into w,akening term Association and-American flawed: $735 million annually needs fixing. Prop.28 places a lanks. It actually lengthens—not Lung-Association wrote Prop, in new taxes but doesn't qu rewire I Lard 12 year limit on legislators reahwe,—terms for politicians 29 to save lives,stop Icids from revenue be spent in California and doses the loophole that in office. It e-b-?uble, the time smoking,and fund cancer to create jobs or fund schools, allows legislators to serve nearly politicians can serve in the State research. BigTobacco opposes Creates new government 17 years. It's a simple reform Assem bly, It increases by 50% Prop.29 because they know spending bureaucracy with that lielps make legislators more the time politicians can,serve in it will red-ace smoking in political appointees,duplicating accountable. Read it.Vote Yes. the State Senate. C-JAifornia. Prop.29 saves lives, existing programs.More waste, but only Nliitb a YES vote. no accountability to taxpayers. No on,29, ReadForYourself.ony FOR ADDITIONAL INFORMATION FOR ADDITIONAL INFORMATION FOR AGAINST FOR AGAINST Doi-ig Herman Anita Anderson Tirn Gibbs No on 29—Ca-Ef'orniaris Cal;f'ornia ns for a Fresh Start Californians for Term 1,itr6ts Ntrierican Cancer Society Against Out-of-Control Taxes 790 E,Colorado Blvd.,Suire506 1161 Rhode Island Street 980 9th Street, Suite 2550 and a.Spending, coalition of Pasadena,CA 91101 San Francisco, CA 94107 Sacramento, CA 9544 taxpayers,small businesses,law (626), 535-0710 1 0 -1(415) 309-0939 (9 16) 397-4618 enf' rcen -en tandlaboi info(?cafi-eshstart.com inf6@wwW,28nO,O, Infog(,ali.-OrniansFor,,k(:ui-e.org (866 662-7016 wv,w.cafteshstart.corn ww v.28rio.org w-vvwYesProp29.org Info@NoOn29,com www.NoOn2_1 9.coin Quick-A,cj'erence Gv1de 1 7 PROPOSITION LIMITS ON LEGISLATORS' TERMS IN OFFICE. AN& law& K is 14b." INITIATIVE CONSTITUTIONAL AMENDMENT em 0 Off FICIA1,1111-E AND SUMMARY PREPkRED B Y'I'HE AFF0 RNEY GENERAL LIMITS ON LEGISLATORS' TERMS IN OFFICE. INITIATIVE CONSTITUTIONAL AMENDMENT • Reduces the total amount of time a person may serve in the state legislature from 14 years to 12 years. ® julows a person to serve a total of 12 years either in the Assembly, the Senate, or a combination of both. • Applies only to legislators first elected after the measure is passed.. • Provides that legislators elected before the measure is passed continue to be subject to existing term limits. Summary of Legislative Analyst's Estimate of Not State and Local Government Fiscal Impact: This measure would have no direct fiscal effect on state or local governments. PROP LIMITS ON LEGISLATORS'TERMS IN OFFICE. 2 1.3 INITIATIVE CONSTITUTIONAL AMENDMENT. 0 AN.AIYSIS BY THE 1.EG1S1,.,kTRT,.ANAI.YST BACKGROUND Reduces 7"talNumbei- of Yeai-s in the Existing Legislative lei Limits. Proposition Legislature. This measure reduces to 12 years the 140, passed by the state's voters at the November total number of years that a future legislator may 1-990 election-, changed the State Constitution to serve in the Legislature during his or her lifetime. create term limits for Members of the California Increases 76tal Number qf Years Tbat Can Be Legislature. The Legislature has two houses: the Served in One House. This measure allows future legislators to serve in either house of the State Assembl and the State Senate. Currently, an Legislature for up to 12 years. Accordingly, an individual's service generally is restricted to three two-year tertris in the Asserribly (a maximum of six individual could be elected to up to six two--year terms in the Assembly or tip to three four-year years) and two four-year terms in the Senate (a maximum of eight years).This meat-is that terms in the Senate. This means that future individuals generally cannot serve more than legislators could serve for a longer period of time in a single house of the Legislature than is 14 -years in the Le-islature. An exception is when currently the case. Alternatively, an individual an individual serves additional time by finishing j out less than one-half of the term of another could be elected to serve in one house of the Legislature and then be elected to the other house, Berson who left the Legislature (for example, due to resignation). but his or her total service in the Legislature would be limited. to no snore than 12" years. PROPOSAL FISCAL EFFECTS This measure, a state constitutional amendment, makes changes to legislative tern-i limits. Senators This measure would have no direct fiscal effect and Assembly Members who were first elected to on state and local governments. By altering term the Legislature on or before the date of this limits for Members of the Legislature, however, it likely would change N-,thich individuals serve in the election (June 5, 2012) would continue to be subject to the current legislative term limits in the Assembly and the Senate at any given time. This Constitution. Future legislators------that is. different composition of the Assembly and the k-) Senate might lead to different decisions being legislators first elected after the date of this rliade than otherwise would. be the case for election—would. be subject to the new term limits. example, on legislation and the state budget). However-, these decisions and any effect that they rnight have on state and local spending and revenues cannot be predicted. 11,or text of Proposition 28, see page 24. Anailisis 1 9 PROP LIMITS ON LEGISLATORS'TERMS IN OFFICE. A'ftdL"A INITIATIVE CONSTITUTIONAL AMENDMENT. B Oil.-current:term tirnits law riceds fixin,. 1-` two decades district. Proposition 28 gives legislators the choice ot running , Es ! , old,but:our Legislature is still filled with career politicians mote for re-election in the sarric district instead of flipping offices focused on campaigning for their next office than doing their to complete their liferinic limits.This will focus legislators on campaigning job. Proposition 28 is a simple reform that will help make our serving their districts to get re-elected instead of on lining up 0 Legislature more accountable. support in Sacramento to run elsewhere. A STRICT 12-YEAR LIMIT FOCUS LEGISLATORS ON DOING THEIR JOB. The current term limits law is based on the number of Legislators who are jumping from office to office are-tat terms served. It says legistaTors can only complete Their 14-y—ear focused on learning their yob.This leaves legislators ill-prepared li-'*eti me limit by serving three-,wo-year terms In the Assetr,6111T To stand LID to more eXDerienced SDecial interest'obbvists and and two four-year terms in the Senate. take on the big issues and challenges facing our stare,'Almost But the courts have opened tip a-loophole allowing politicians 401%of Assembly member.-are new to their Jobs after each to serve Lip to nearly 17 ,,cars by filling partial term vacancies election. By removing the:incentive to change office just to that don't get counted as pa t of their limit. Prop. 28 reduces the complete their ldi-time limits, Proposition 28 means legislators lifetime lirnit to 12 years and closes that"17-year loophole" by will be more likely to learn their job and develop the expertise to imposing a strict lit-it:based on the nunibc,of years served in get things done. JELP FIX OUR TERM LIMITS LAW.41 IE ST,,U'US the Legislature, nor on the nunibc of teri-fis, After 12 years in the Legislature—whether in the Asgc*Fribly, QUO ISN'TWORKING. Senate, or a combination of the-Wo—a politician is prohibited Proposition 28 won't solve all the problems in Sacramento. from running for Ehe Legislature. Every year counts.To rake But it is a step -forward that brings positive change that hch)s sure there are no snore loopholes, current and former legislators make the Legislature more effective'and accountable. are prohibited from usingProposition 28 to extend their RLAD PRO.R 28 FOR YO URSELE Prop.28 does v,,rhat it lifetime limits. says. It's a strict 12:-year firnit that closes the I 7-year loophole MAKE LE(�ISLAATORS MOREACCOUN'TABLE. and improves accountability Prop.28 is a step in the right The current term 'limit.- law inadvertently encouragesthe direction.Yes on 28. wrong behaviors.The only way legislators can complete their li-'*etitrj,-limit is to move'"lorn office to office. Once elected,they JENNIFER A.WAGGONER,President -s-'art bolding fundraisers and looking for Their next office, Many League of Women Voters of California assembly, iem'�ers fail to reach the six-wear maximum before,' n 1) KATHAY FENG,Executive Director they lejvc to seek their next office. California Comnion Cause Politicians looking ahead for their next office are not HANK LACAYO,President ('01liceflioratti-1V on representing concerns of their current Congress of California Seniors ----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- The arguments made by the supporters of Proposition 28 8 0 9110 of legislators will I have their time in office 1engthened a nd show that it's, a-scam to TRICK voters into wca.kerliv tern, only 8%will have their time in office reduced if politicians are allowed to stay in the same office far 12 years. s The special interests and careerpoliticians behind Prop. 28 Prop. 28 is the FIFTH tinge that the politician and special State that:under the current term limits laws`:almost 40% of interests have tried to weaken term lirnits and lengthen I I I -'s' -it -c.'Fhcvl - dejding kssembly niembers are new to their jobs afrci e�cl­ election'" pol:dc'al. te i offic ve used sneaky and tni— .1 n Exactly in!;t!;jtives and Court challenges to overturn the will of '111ats because the current wrrri lit-its law moves politicians the People. DOIA let then] get away with it.Vote NO on out of office and allows new people to be elected—and prevents Proposition 28-11"S A SCAM! political bosses from accumulating too triuch power in the Legislature. TED COSTA,President Under Proposition 28,mernbers offthe State Assembly will People's Advocate, Inc. actually'nave Tf IEIRTIME IN OFFICE DOUBLED—NOT KRISTEN LUCERO, Vice.President REDUCED. Californians for'le-tri Limits Under Proposition -?8, members ol"The State Senate will, actual H y have TEIR TIME IN OFFICE INCREASED BY PETER C FOY, Chairman 5 010/6-----NOT REDUCED. Arne icans for Prosperity, California An independent study conducted by 1i.S.Term Limits,the nations leading pro-tern- Juni-S organization, showed that 10 1 Arguments Argaimentsp-inted on this page are the opinions of authors and have not been cheekedftr accuracy by any qffieial agency. PROP LIMITS ON LEGISLATORS'TERMS IN OFFICE. A'ftdL"A INITIATIVE CONSTITUTIONAL AMENDMENT. D Z ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------ PROPOSITION 28 IS A SCAM! Proposition 28 allows politicians to be in the California State It is one ofthe most dishonest and deceitful ballot tuCaSLI-CS Assembly for 12 years—not the 6 year rnaxinaurn permitted in the history of California—and that's saving a lot`This is just under current law, the latest slimy effort by politicians and their special interest '1hat means members of the State A-semb�y will actually have supporters to try and FOOL VOTERS into gutting California's 1 11LYR OTT-,'CE DO b"BL-1,I)---NOI R-EDUCLED", voter-approved term limits law. Proposition 28 also allows politicians to be in the California Proposition 28 is designed to trick-voters into thinking it State Senate r6or 12-,ears not the 8 year triaximurn permitted strengthens terms limits when it does the exact©,pposa we. Prop. 28 under current la actrially wea' ns term limits for state legislators and dramatically That means members of'the State Senate 7,vi/lactualll have 'k-e lfftgthens the amount of time politicians can stay in office! TI-1FIR TIME--tTV OTTICE[ATCPE-A SED BY 50%--------ATO T That is why Prop. 28 is written and funded tivitla millions RED U(-1'0). of dollars by the niost powerful special interests in California The politicians and special interests spent millions to try and including unions opposed to pension reforms that could save stop term limits when it first-,)asscd. Since then,they have tried taxi-avers billions of dollars. twice to trick voters into letting flee-politicians sta,,, in power for Proposition 218,top backer is a wealthy developer who sought many more years. a special exemption froal environmental regulations by the Proposition 28 is Just their latest shiny trick to fool voters. Legislature—at:the exact same tirtle he was paying to qualify Don't:let them get:awav with it! this nitlative—so that he could make millions by building a If Proposition 28 passes, career politicians and special inrcrests sports stadium. win. California's voters lose. The Legislature gladly gave the developer the sweetheart deal Proposition 28 is a scam to subvert the will of the voters. Z, he wasted—and he rewarded the politicians by making sure Don�t let the politicians and special interests get away with that these Who were elected to the state Legislature would be tricking us and finally succeed in gritting term limits. Don:t be able To stay in office fir many more years than.the nurrent term fooled by this sneaky effort to sabotage term limits.VOTE NO limits aallou)s. or, PROPOSITION 28! Zu) The Los Angeles Times on December 30",2009 reported, "T�vo months after state lawmakers exempted a football stadium PHILIP BLUMEL,President tT.S,Term Limits proposed tbr the City of Industry from environmental laws, the 11 lmiTS sports venues developer has contributed$300,000 to a ballot ANITA ANDERSON,Vice President tne"Milre that hat Would allow future legislators to stay in one office Jon-er." Parents In Charge Foundation L, LEW UHLER, President Look at the facts and;iudge for yourself, Nationa-I Tax Lirnita-6on Committee ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------- WIlen I campaigned f6-.-die original term limits law more Prop.28 mandates a hard lifetime limit of 12 years, -whicli can than 20 sears ago,we had one goal: end the eta of career be served in the Senate, the Assembly, or a combination offboth. polit;6jins focused on-he;r own interests over flh. legislator e needs of No current or fortnet l llaot can extend their time in office Voters. because o!"Prop. 28. We hoped the law would bring a new type of"citizen The status quo isn't working.After two decades, our tern, legislator,"who would serve for a short period and return to Iii-nits lava needs reform. Not surprisingly,Special interests are private life, giving others opportunities to bring fresh ideas and arguing ing for business as usual. z, -9 new perspectives to government Will Prop.28 fix every problern we have in Sacrarnentoi No. It hasd-,turned our that way But it is a step in the right direction. Prop. 28 imposes a hard Politicians spend most of their time in office looking for their 122 year fimir. It will helld improve accountability and focus next lob, trying to extend their political careers by constantly legislators on the Job we elected them to do, rotating from one office to another. Vote Yes on Pr,o p o 280 The opponents' arguments are misleading. Read Prop. 28""or yourself ourself, It does exactly what It says it will do. Prop.28 closes DAN SC H N U R,Chairman(20 10-20 11) Me loophole that allows legislators to serve as many as 17/ years. California Fair Political Practices Commission Argumentspriniedon thigpage are the opinions nf the authors and have not been cheekedforaccuraq by any affleia I agency. Aril uments 11 PROPOSITION IMPOSES ADDITIONAL TAX ON CIGARETTES FOR CANCER RESEARCH. Adft daft Uff 1% "M M INITIATIVE STATUTE. Off FICIA1,11'I'LE AND SUMMARY PREPkRED B Y'I'HE AFF0 RNEY GENERAL IMPOSES ADDITIONAL TAX ON CIGARETTES FOR CANCER RESEARCH. INITIATIVE STATUTE. • Imposes additional five cent tax on each cigarette distributed ($1.00 per pacl,--),, and an equivalent is increase on other tobacco products, to fund cancer research and other specified purposes. ® Requires tax revenues be deposited into a special fund to finance research and research facilities focused on detecting, preventing, treating, and curing cancer, heart disease, emphysema, and other tobacco-related diseases, and to finance prevention programs. • Creates nine-member committee charged with administering the fund. Summary of Legislative Analyst's Estimate of Not State and Local Government Fiscal Impact: • Net increase in cigarette excise tax revenues of about $735 million annually by 1013-14 for research into cancer and tobacco--related disease, and for tobacco prevention and cessation programs. 'These revenues would decline slightly each year thereafter. ® Increase in excise tax revenues on other tobacco products of about $50 million annually, going mainly to existing health and tobacco prevention and cessation programs. • Net increase in state and local sales tax revenues of about $10 million to $20 million annually. • Unknown net impact on other long-term state and local government health care costs. ANALYSIS BYTHE LEGISLXHVE ANALYST BACKGROUND Tobacco Taxes ExistiV State Excise Taxes. Current state law increase in excise taxes on other tobacco products, imposes excise taxes on the distribution of Nvith the revenues going to support Proposition 99 cigarettes and other tobacco products, such as purposes. cigars and chewing tobacco. Tobacco excise taxes Evisting Federal Erci�w -Tax. The federal are paid by distributors who supply cigarettes and. government also imposes an excise tax on other tobacco products to retail stores.These taxes cigarettes and other tobacco products. In 2009, are typically passed on to consumers as higher this tax was increased by 62 cents per pack (to a cigarette and other tobacco product prices. total of$1.0 1 per pack;to help fund the The states s cigarette excise tax is currently Children's Health Insurance Pro-ram, which 87 provides Subsidized health insurance coverage to cents per pack. Figure I describes the different 0 in components of the per-pack tax. As the figure children I low-income famil*les. shows, two voter-approved measures Proposition Evisting State and Local Sales and Vse Wmes. 99 in 1988 and. Proposition 10 in 1998—are Sales of cigarettes and other tobacco products are responsible for generating the vast majority of also subject to state and local sales and use taxes. tobacco excise tax revenues. As Figure I indicates, These taxes are imposed on the retail price of a total state revenues from existing excise taxes on product, which includes excise taxes that have cigarettes and other tobacco products were just generally been passed along from distributors. The over $900 million in 2010-11. average retail price of pack of cigarettes in -Revenues from existing excise taxes on other California currently is over $5. More than tobacco products Support Propositions 10 and 99 $400 million in annual revenues from sales and purposes. Under current law, any increase in use taxes on cigarettes and other tobacco products cigarette taxes automatically triggers an equivalent go to the state and local governments. 12 1 1'i t/e a r,d S u.m rn a ry 1 A na 11isis PROP IMPOSES ADDITIONAL TAX ON CIGARETTES FOR CANCER RESEARCH. INITIATIVE STATUTE. 29 ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED Figure I Existing State Tobacco Excise Taxes (Dollars in Wifliorts) ............. M........................................................................................................................................................................ .................................................................................................................................................................................................................. ........... ............................................................................................................................................................. .......................................................................................................................................................................... ........ ......................................................................................................................................................................................EW ...................................................................................................................................................................................... ......... .................................................................................................................................................................................................................................. .......................................................................................................................................................................... ....................................................................................................................................... ........................................................................................................... 'Pef,pitek,­­­ 2010 11'Net­­­­' ......................................................................................................................... ........................................................................................................................................ .............................................. ............................................................................ ............................................................ .............................. MIT &I 1clarea R v....... ....... P. ..................................................­­­­­­­­­­­.................. . ........ ............................... ............................................................ ........ .................... ............. .......­­................................................................................................----- State General Fund: Initially enacted by the Legislature in 19539 10(" $96 for general support of the state budget Proposition 99: Enacted by the voters in 1988 for the purposes of 25 2981 supporting tobacco education and prevention efforts,tobacco- related disease research"pr grarns.health are serv; es for 0 lc low-incornelpersons,and environmental protection and recreational resources.Sm.*Proposition 99 revenues are used .e . e to support progr programs ti at also receive supportfro.-thestate .a .1 General Fund. Breast Cancer Fund: Enacted by the,Legislature in 1993 for the 2 23 purposes of supporting breast cancer screening programs for uninsured won en and research related to breast cancer. Proposition 10: Enacted by the voters in 1998 for the purposes of 10 489b supporting early childhood development programs. Totals 870 $905 Accounts for payment::from Proposit.ior,10 to other funds it order+0 maintain.-pm-Proposition 10 mcnue ievcls. b-Rotal irchidcs exrise tax revenue from other ty-pes of tobacco produalts,such as dqars and cheovir)g'Obacco. Dogs,.o'total due to.rounding. Current Health Research and PROPOSAL Tobacco Cessation Activities 'This measure increases excise taxes on the Across the country, substantial amounts of distribution of cigarettes and other tobacco money are spent on research related. to cancer and products. It uses the additional revenues raised for tobacco--related diseases, such as heart disease. For research on cancer and tobacco-related diseases example, the federal National Institutes of Health (such as heart disease and. emphysema), as well as I provide several billion dollars annually for grants for other specified purposes. The major provisions and research in these areas. Private entities and of the measure are described below. nonprofits also provide flit-ids for such research. In New State Tobacco Tax Revenues California, the U-niversitv of California (UC) is one of the primary recipients of these research This measure increases—effective October dollars. In addition, UC uses some state funds for 2012-------the existing state excise tax on cigarettes by this purpose. $1 per pack.The total state excise tax, therefore, Tobacco prevention and cessation programs are would be $1.8,7 measure also creates per pack.The t currently conducted by public entities, health a one-time "floor tax" on the majority of cigarettes insurers, and various other organizations. For that are stored by businesses at the time the new example, approximately $50 million a year fi-om excise tax is levied. Floor taxes are typically used to Proposition 99 revenues is used to fund tobacco prevent businesses from avoiding taxes by prevention and cessation programs in California. stockpiling products before a tax goes into effect. 11,or text of Proposition 29, see page 24. Analysis 1 13 PROP IMPOSES ADDITIONAL TAX ON CIGARETTES FOR CANCER RESEARCH. 9 INITIATIVE STATUTE. ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED Existing state law requires the Board of otherwise improve enforcement of existing Equalization 1'BOE) to annually set a tax on other law. tobacco products—such as cigars and chewing lope 20-10 Committee Account. '1�vo tobacco at an amount equivalent to the tax on percent would. be deposited into an account cigarettes. Accordingly, this measure would also that -would be used to pay the costs of result in a comparable increase in the excise tax on administering the measure, most of which other tobacco products, with the revenues would likely be reimbursing BOE for tax supporting Proposition 99 purposes. collection costs. Z:) How New Cigarette Tax Revenues Would Be Spent Backfill of-Exigting Tobacco Tax Pro grains. Revenues from the cigarette excise tax increase This measure requires the transfer of some would be deposited in a new special fund, called. revenues from the trust fund to "backfill," or the California Cancer Research Life Sciences offset, all revenue losses that are likely to occur to Innovation Utist F'und. These revenues would be existing state cigarette and tobacco taxes that dedicated. to the support of research on cancer and d.irectiv result frorn the imposition of the tobacco--related diseases, as well as for other specified. purposes. After compensating existing additional tax. These revenue losses would occur mainly because an increase in the price of tobacco tax program funds for any losses due to j cigarettes and other tobacco products generally the imposition of the new tax as described in the reduces consumption and results in more sales for next section), the remaining money would be distributed among five funds: which taxes are riot collected, such as Internet purchases and purchases of out.-of-state products. • Hope 2010 Research Fund. Sixu.y percent Of This; in turn-, would. reduce the arnount of the funds would be used. to provide grants revenues collected through the existing state excise and loans to support research on prevention, taxes described above. The amount of backfill diagnosis, treatment, and potential cures for payments needed to offset any loss of funding in cancer arid. tobacco-related diseases.The these areas would be determined by BOE. measure states that all qualified researchers Committee Established to Administer Trust Fund would. have an equal opportunity to compete for these research funds. The trust fund would be overseen by a newly • Hope 2010 Facilities Fund. Fifteen percent created Cancer Research Citizen's Oversight would be used to provide grants and loans to Committee. The committee would be composed build and lease facilities and provide capital of the following nine members: equipment for research on cancer and as Four members appointed by the Governor, tobacco-related. cliseases. three of whom are directors of one of the ten ® Hope 2010 Tobacco Prevention and designated cancer centers in California. Cessation .Fund Twenty percent would be ® Two members appointed. by the Director of used for tobacco prevention and cessation DPH, at least one of shorn has been treated programs administered. by the California for a tobacco-related illness. Department of Public Flealth (DPI--I) and the ® 'Three chancellors from UC campuses that California Department of Education. are members of the California Institute for • Hope 20.10 Law Fmforcement Fund, Three Quantitative Biosciences Research. percent would be allocated to state agencies (Currently, three UC campuses—Santa Cruz, to support law enforcement efforts to reduce Berkeley, and San Francisco—are institute cigarette smuggling, tobacco tax evasion, arid. members.) illegal sales of tobacco to minors, and to 14 1 Analpis PROP IMPOSES ADDITIONAL TAX ON CIGARETTES FOR CANCER RESEARCH. 9 INITIATIVE STATUTE. ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED Authoriq Granted to the Committee. The FISCAL EFFECTS measure authorizes the committee to administer This measure would have a number of fiscal the trust fund. The funds would have to be effects on state and local n-overnments. The major expended solely for the purposes described in the c act. The funds would be allocated. by the impacts are discussed below. committee. Thus, they would not be subject to Impacts on State and Local Revenues appropriation by the Legislature. Furthermore, Revenues Would Be Affected by Consumer these funds could not be loaned to other state Response. Our revenue estimates assume that the funds° proposed. excise tax increase would be passed along T'he measure gives the committee the authority to consumers. In other words, we assume that the to: retail prices of cigarettes and other tobacco * Develop short- arid. long-term financial products would zb'c raised to include the excise tax plans. increase. This would result in various consumer * Establish a process for soliciting, reviewing, responses. The price increase would result in and awarding grants and loans for researchers consumers reducing the quantity of taxable and facilities. tobacco products they consume. Consumers could. * Appoint a chief executive officer and. other also change the �vay they acquire tobacco products employees. so that fewer transactions are taxed, such as * Establish policies regarding intellectual through Internet purchases or purchases of out--of-- property rights arising from research funded. state products. NXlile we believe a reasonable by this measure. projection of'consumer response is incorporated. into our revenue estimates, they are still subject to Other Major Provisions some uncertainty. Neu, Cigarette Excise Tax Revenues. NVe transfers.Permitted From Facilities Fund. In estimate that the increase in cigarette excise taxes the event the committee determines that there is a required by this measure would raise about surplus in the I-lope 2010 Facilities Fund, the $615 million in 201')-13 (partial-year effect) and measure would authorize the committee to about $8 10 million in 2013---I ZI the first full-year transfer the surplus money to the 1--lope 2010 impact). Our estimate of the allocation of new Research Fund, the Hope 2010 Tobacco cigarette excise tax revenues in 20 13---14 is shown Prevention and Cessation Fund, or the Hope 2010 in I-Figure '.*,' (see next page). After backfilling losses Law Enforcement Fund. in existing tobacco excise tax revenue (described in Accountabili�y_Aleasures. 'The measure requires more detail later), the new cigarette excise tax the committee to issue an annual report to the Nvould generate an estimated $735 million in net public that includes information on Its revenue in 20 13---14 for the purposes described in administrative expenses, the number and. amount the measure. The cigarette excise tax increase of grants provided, and a summary of research would generate some,vhat lower amounts of accomplishments. The committee would also be revenue each year thereafter, based on our required to have an independent financial audit projections of"continued declining cigarette each year. The measure includes conflict-of- consumption. interest provisions that govern the conduct of Effects on Existing, Tobacco Evcise Tax committee members, and includes specific Revenues. The decline in consumption of criminal penalties for anyone convicted. for the cigarettes and other tobacco products caused by misuse of trust fund mot-lies. this measure would reduce revenues from the 11,or text of Proposition 29, see page 24. Analysis 1 15 PROP IMPOSES ADDITIONAL TAX ON CIGARETTES FOR CANCER RESEARCH. 2 0"" INITIATIVE STATUTE. A 9 ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED Figure 2 How Estimated Revenue From New Cigarette Tax Would Be Allocated (Dollars in Millions) ...................................... .............................................................................................................................. ..............­­­­­­­­­­........................................................................................ ­­­............................... ....... ........ .......................­­­­­­­­­­........................................................................................ ­­­............................... ....... ........­­­­­­­­­ ..............­­­­­­­­­­........................................................................................ ........ ............................... ....... ........­­­­­­­­­­...................... ........................................................................................ .........­­­­­­­­,­ 4T nu hdl 13,. ....... ........­­­­­­­­­­....... 20, nq*�..............­­­­­­­­­­........................................................................................ ........ ... ... ­­­............................... ....... ........­­­­­­­­­­......................................................................­­­­­­­­­­........................................................................................ .......­­­­­­ ­­­............................... ....... ......................... ..............­­­­­­­­­­...................................................................... ............................... ....... ..............­­­­­­­­­­......................... ........­­­­­....... ............................... .......­­­­ .......................................... ......... ...................­­­­­-,......­­­­­........ Alk:1 .......­­­­­­­­............................................. ......... ....... ........­­­­­­­­.................... .......­­­­­­­­.......­­­­­­­­............ ................... .................................................................. . ............... Estimated Revenue From New Cigarette Tax $810 Less backfill to Proposition 99, -75 a Proposition 10, General Fund, and Breast Cancer Fund Estimated Net Revenue $735 Allocation of Estimated Net Revenue Research Fund 60% $441 Facilities Fund 15 110 Tobacco Prevention and Cessation Fund 20 147 Law Ento.rcernent Fund 3 22 Committee AccOL111t 2 15 LAO esfimate.Backfll amounts would ba determined by the Board of Equahzation. I existing excise taxes that go to support Propositions Lffects on State and Local Sales and Use Dx 99 and 10 purposes, the General Fund, and the Revenues. Sales and use taxes are levied on a Breast Cancer Fund.The measure provides for the varier'y of products, including the retail price of backfill of these losses from revenues raised by the tobacco products. The retail price usually includes new excise tax. '\Ve. estimate that the, amount of the cost of all excise taxes.The higher retail price backfill funding needed to comply with this of tobacco products resulting from the new excise requirement would. be about $75 million annually, tax, therefore, would increase state and local as shown in Figure 2. revenue from the sales and use Lax on tobacco As noted earlier, this measure would have an products.This effect would be offset somewhat additional fiscal effect on excise taxes which go to by several factors, including- lower spending on support Proposition 99 purposes. Under current other products subject to sales and use taxes. On law, any cigarette tax increase triggers an automatic net, we estimate an increase in revenue of about corresponding increase in the taxes on other $10 million to $20 million annually. tobacco products, Leith the additional revenues Effects on Excise Tax Collection. As discussed going to support Proposition 99 purposes. NVe earlier, the measure would deposit 3 percent of estimate that the higher tax on other tobacco revenues from the new cigarette tax into a Law products would result in a full--year Proposition 99 Enforcement Fund to support state law revenue gain of about $50 million, beginning in enforcement efforts. These funds would. be used to 20 13---14. support increased enforcement efforts to reduce 16 1 Ana/ysi,F PROP IMPOSES ADDITIONAL TAX ON CIGARETTES FOR CANCER RESEARCH. INITIATIVE STATUTE. 29 ANALYSIS BY THE LEGISLATIVE ANALYST CONTINUED tax evasion, counterfeiting, smuggling, and the employees in particular—would. affect publicly unlicensed sales of cigarettes and other tobacco funded health care costs. products. The funds would also be used to support For example, as discussed earlier, this measure efforts to reduce sales of tobacco products to would result in a decrease in the consumption of minors. These activities would have an unknown tobacco products. The use of tobacco products has net impact on the amount of revenues collected been linked to various adverse health effects by through excise taxes. federal health authorities and. numerous scientific Impact on State and Local Government sLudies.'rhus, this measure would reduce state and Health Care Costs local government health care spending on tobacco.- related diseases over the long term. This measure The state and local governments in California would have other fiscal effects that offset these cost incur costs for providing (1) health care for low- savings. For example, the state and local income and uninsured persons and Erb health governments would incur future costs for the insurance coverage for state and local government provision of health care and social services that employees and retirees. Consequently, changes in otherwise would not have occurred as a result of state law such as those rnade by this measure that individuals who avoid tobacco-related diseases living affect the health of the general population-------and longer.Thus, the net fiscal impact of this measure low-income and uninsured persons and public on state and local government costs is unkno-wri. 11,or text of Proposition 29, see page 24. Analysis 1 17 PROP IMPOSES ADDITIONAL TAX ON CIGARETTES FOR CANCER RESEARCH. Oft O'b INITIATIVE STATUTE. 29 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- VOTE YES ON 29 TO SUPPOR71'QN-NICER RLSLARCH 4 WI-INCH OPPOSES PROF 29,TOBACCO COMPANIES. AND Sz"/-F LTVFS. Thev've hired R legion of high-priced.lobbyists and political Prop. 29, the California Cancer Research Act,is based on a, consultants.They're spending to defeat Prop, 29. Why?To protect their profits. Don b -by sea-. tactics at i simple but powerful idea. It creates a new$1 tobacco iax—PAID of Don't -.c iact.' and campaign smoke UNIX BY'l HOSE WHO CHOOSE'10 SNIOKE. screens, 'he American Cancer Society American HeartAssociation T READ PROP. 29 FOR YOURSELF! and American Lung!lssoclatlon sponsored this measure because You'll s,,,,that PROP 29 includes strictsafe,itardsand real they know that taxing tobacco saves llives.'_Fhe tobacco companies accountability. POLITICIANS 'vVON 7'_F DECIDE WHERE oppose this measure for-lie same reason. Big tobacco knows that THE \4ONFY­GOES-----CALIFORNM RESEARCH ninety percent of sinokers start as teens. I)C)(--']-'C)RS AND SCIENTISTS WILL. YES ON PROP 29 SUPPORTS CANCER RESEARCH. Prop. 29 keeps funding decisions in the hands of an THE NION F.Y­GOES I-A RECTLYTO RES LARCH independent panel of Californias leading research organizations, DOCTORS AND SCILN'!-'IS'I'S—POLI"'ICLA-'\"S CAN'T trusted public health advocates and cancer survivors themselves, TOUCH IT Prop. 29 sets aside funds to prevent cigarette sroniggling. Prop, 29 Cancer is d world's most deadlyluiller—smokingis its leading I requires audits to ensure all funds are spent properly, cause. Cancer is touched every Carnily in our state. Californias AND REMEMBER, IF YOU DON'T SMOKE,YOU I scientists are at the forel"rom, of fife-saving research in the DON'T PAY` detection, trealflictu, prevention and cure or cancer,heart disease, No one can say when we'll find a cure for every cancer, but and oth.r smoking-related illnesses.They're making great si tides, every dollar for research helps bring that day closer. In the few but-here's much to be done. Prop, 29 generates nearly$600 furi-imes yotlVe spent readirlg this,someone new was diagnosed g million for their research and contniues the search for CUres, with cancer------sorneone's mother,father,son or daughter------one YES ON PROP 29 KEEPS KiDS FROM SNIOKIING—AND more 1`1qniily no-w looking for hope.Yes on Prop. 29 takes S,I SAVES LIVFS. wasted on cigarettes and dedicates it to the search for a cure. It n millions marketing their U 110_%Ie. Tobacco companies still spend n could help save the life of someone yo 1 products—every year,more than 34,000 California kids start SUPPORT'CANCER PLSFARCH, S!"iE LIVES. smoking. Prop. 29 helps smokers quit and discourages kids VOTE YES ON PROP'29,THE CALIFORNIA CANCER from smokin in t ie first place,Ali extra$1 tobacco tax migm RE S EARCH ACT not Sound like.much rout to a teenager,it could make starting To smoke more trouble Than it's worth.Public health experts DR. CLIFFORD C. EKE,M.D., President estimate Prop. 29 will stop 228,000 kids front smoking.Arad American Cancer Society, California Division those same experts estuliaic Prop, 29 will save the lives of 104,000 JANE WARNER,President smokers who quit,sparing the Paul and cost of battling cancer, American Lung Association in California enip-Ilvserna or hear-,disease. OR. RICHARD J. GRAY, M.D., President r Arric icarl Heart Association,Western Stites Affiliates -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- r but Pr I rteen -,Allows for-profit corporations to receive$500+million inEveryone supports cancer research, op. 29 is thi pages of fine prim, loopholes and flaws. Its a proposition taxpayer dollars annually. boondoggle like the Hfigb Speed""Bain to Nowhere" DuDl;ca-es ex' u 11 already spend$6 billion g gle I;k Ming progral is that conimissIOUL annually on cancer research. Californians across the state—taxpayers, doctors,teachers,law 4 Establishes another flawed auto-pilot spending mandate like enforcement,small businesses nild Inbor—say NO to Prop. 29: the High Speed Rail Cortirnission—more waste,no taxpayer Check the facts yottrself: accountability: Promoted by a career politician,Prop. 29 is an$735 a Prohibits the Governor and Le6slature front making change million annual new tax andsnending mandate that creates an to the initiative for 15 years,even in the case of fraud or waste. unaccountable,government bureaucracy filled with political It's a bad idea to create another commission and give it$735 appointees, million annually with no accountability for how it spends the * Doesn't require new tax revenue be spent in California to money, create jobs. Morley can be spent out of stale or even out of Check the facts at www.RendForYomsc1f0rg, then 10111 US In country. voting"NO"or,Prop,29, • Provides no new funds to treat cancer Patients. • Spends$125 million annually on MIKE GENEST, Former Director buildings and real esrare—money that could be used for cancer California Department of Finance treatment. MARCY ZWELLING,M.D. Past President: Permits"conflicts of nuerest"by allowing organizations I Los Angeles CountyMedical Association represented by Commissioners to receive taxpayer firilding. TOM BOGETICH.Executive Director(Retired) California State Board of Education 18 1 Ai,guinents Argaimentsp;-anted on thispage are the opinions of the authors and have not been cheekedftr accuracy by any qffiehd agency. PROP IMPOSES ADDITIONAL TAX ON CIGARETTES FOR CANCER RESEARCH. 'Oft 0% INITIATIVE STATUTE. Z9 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Everyone supports cancer research,but Proposition 29 is DUPL1CX1'ES EXIS'_FING PROGRAMS FLAMED. Eat h yea-, -he fiz-.de ral govertmieritsSends$6 billiou on caticer l READ11-1E FINE PRIN']-'F(--)R YO I_jRSELF, research and Ca, rnia spends $7() T,ilfion on tobaccocontro' Prop. 29: programs. Pro[). 29 duplicates these existing programs. RASES TAXES. l31_T-TDOESN1_'C1_EAN UP NO ACCO&UNTAB I LI'll Y SACR.Au\4ENTO'S WASTEFUL SPENDING OR HELP -Prop. 29 requires a so-called"annual report,"but it's BALANCE OUR BUDGET WRITTEN BYTI HE COMMISSION ITSELF and doesn't California politicians need to live within their means. Instead, require grant money to Produce results (Section 30130.54(i)". r I I­ - In fact, not evendic Governor,Legislature or State Auditora career politician is prompt Prop. 29 to raise taxes by$735 million a year to create another NEW BUREAUCRACY AND has authorn-,,To make changes To the untua, ive r3r 15-years, SPECIAL INTEREST SPENDING CONIMISSION we can't even in the case of fraud.or waste(Section 6(b)).THAI-'S NOT afford. ACCOI-1TNT,,'BILITY! 'vVe have aS10+ billion deficit and voters are being threatened NOTHING FOR CANCERTREAI'MEN'-F wirli cuts to schools or higher taxes.WE CAN'T FUND s cl aim it will help save billionsn healthcare in -ING PROGRANIS,YE' PROP 29 RAISES TO costs,6ut the measure Drov'des NO N FNV FJ_J N[-)IN(--, FOR CREATE A WHOLE NEW GOV­FRNI-i�AENT SPENDING TREATING CANCER PATIENTS (Section 30130.53). PROGRMxA.That doesn't make sense. ClRCJ_J MVEN"S VO­FR-APPROVED INITIATIVE, ALLOWS CALIFORNIA'DVX DOLI-ARSTO BE SPENT HURTS SCHOOLS OUTSIDE OF CA1,IFORNlA_,T A California voter-approved Constitutional amendment Raises nearly $1 billion in new taxes,but allows Lax dollars requires that any new taxes help pay for education,but Prop. 29 r 101's to be spent outside California. even outside the country (Section CKCITIPtS ItSCIffrOul This tecluirenteru, shot our schools -30130.53(d"). by$�, ZD ,.00+n-i;llionp,�ry-ar�'Section3O]3O.50(c)'). 'T_ We `oi r r sn aldti'l let acareer polio use a loophole to thwart If we' c going to RAISETAXLS ON CAJ.IFOR__--N IAN S, ZD SHOULD BE SPENT IN CALIFORNIA to hell)create jobs, vot.er­approverl initiatives. NEW B-T REAU CF-,k(--Y,MORE POLITICAL APPOINTEES "Cancer research is important,but if we're going to spend$735 rvIORE WASTE million a year,we need to have strict controls and make sure,our The Commission,with 6 political appointees,can spend an tax dollars are.spent in California, Prop, 29 is flawed and deserves estimated.$15 million on staff salaries and overhead ariLally,and a "no" vote."—'Marc'v Zwelling,M.D. Past President, V medical saddle healthcare obligations Los Angeles Couint'. I a]Association (Section 30130.53(d)(5)). Xi`rsu: Readfory'ourselforg Prop. 29 allows spending$110 million anuirally on buildings Vote NO or,Proposition 29 and equipment but doesn,re wire money to be spent with California urliversities/hos; I s—tax money can be given to huge TERESA CASAllA,President for-profit corporations (Section 30130,53(d)(2)), California Taxpayers Association e Lilke High Speed Rail and other Corinn is,ious, this LA DONNA R. PORTER,M.D., Former President BT TREAJ TCRACY GOES ON AND ON, Prop, 29 EXEMPTS Golden State Medical Association the CEO from hiringisalary requirements(Section 30130.54(d) so the CEO can be paid hundreds of thousands a year and JULIAN CANETE, President has,the power To hire a huge staff California Hispanic ClIa-inbct-sof Cornmerce 'tandp�id/ Parent1eachers;Association support Prop. 29 because itstops over fir uy the tobacco c(,w.,Pam'es. Check the official state websire—tire 200,000 children from ever becornitig smokers. Tobacco companies are the 0 N IN ones spending millions to PROP ''1E.Q-11A 9 RRLS STRONG FISCAL defeat Prop. 29: ACCOUNTABILITY—A Citizens Oversight Committee ensures funds go directly to doctors and scientists. Strict accountability tobacco companies declined to sign _e gn tlieir message above— laws prollibit conflicts of interest, requir annual independent e' '-;file 1. a � k but thins not all they're hiding from you. truth is Prop. audits, carladministr-tive costs at less thar.­X) "Section 29 works; it gets people to stop smoking,and that hurts Big 30130.54).'_Fhese accountability laws are backed up by stiff `I bbacco's profits. Please, read Prop. 29 for),ourself. criminal penalties Cor violations (Section 30130.56). PROP, 29 SAVES LIVES-----T he Americati Cancer Society, THE'l-RUTH IS PK)F 29 SAVES LIVES, B,-'J 1'ONLY American turroZD Association and American Heart Association WITH AYES VOTE. wrote Prop, 29 because this$I per pack tobacco tax saves Ca'i forniansForACuire.o rg o000 1 i:ves. PROP. 29 HELPS CALIFORNLI RESEARCH CEN'T,ERS— DR. BETH Y. KARLAN,M.D., Director The University of Cali 6ortna and:he Cali6ortna Medical `X46triens Cancer Program, Oschin Comprehensive Cancer I Association support Prop. 29 because it nlises$585 million Institute, Cellars-Sinai Medical Center per yearl'Or research and w chill help California's best resear I ELIZABETH BLACKBURN, PH.D institutionsfind cures to cancer,heart and lunp,disease. Nobel Laureate in Medicine PROP. 29 PROTECTS SCHOOL~AND KIDS—California's DR. BALAZS"ERNIE" BODAI,M.D. Superintendent of Pubic Instruction and the Cali6ortna State Founder of the Breast Cancer Stamp Argumentsprinied on this page are the opinions t fthe authors and have not been cheekedforaccuraey by any affleial agency. A r a u rn e n is 19 U.S. Presidential Candidates California Elections Code section 9084 requires that presidential candidate information be made available on the California Secretary of State's website. Visit wvdw,voterauieie.sos.ca.goz) for more details. District-Level and U.S. Senate Candidate Statements This Voter Information (_-mlde includes information about statewide ballot U.S. measures and '; Senate candidates. Each. State Senate, Assembly, and U.S. Flouse of Representatives office relates to voters in only one or a few counties, so some candidate statements for those offices may be available in your county sample ballot book-let. California law includes voluntary spending limits for candidates running for state legislative office (not federal office such as U.S. House of Representatives and U.S. Senate). Legislative candidates who choose to keep their campaign expenses under specified dollar amounts may purchase space in county sample ballot booklets for a, candidate statement of up to 250 words. State Senate candidates who have volunteered to limit their campaign spending may spend no more than $780,000 in a primary election. -Assembly candidates who have volunteered to limit their campaign spending may spend no more than $520,000 in a primary election. v To view a list of legislative candidates who have accepted California's voluntary campaign 0 spending limits, go to wv)w.sos.ca.govlelectionsl'elections can.d stat.htnl. — — ,AJI U.S. House of Representatives candidates have the option to purchase space for a candidate statement in county sample ballot booklets. (Some U.S. House of Representatives candidates choose not to purchase space for a candidate statement.) All U.S. Senate candidates have the option to purchase space for a candidate statement in this voter guide. (Some U.S. Senate candidates choose not to purchase space for a candidate statement.) Candidate statements are on panges 21-23. For the final certified list of candidates, which is due after this guide is published, go to wwz.�4sos.ca..gov/e/ectionslelections—cand./"`tn.i.. 10 1 U.S. SENATE CANDIDATE STATEMENTS • One of two Senators who represent California's interests in the Ulnited States Senate. • Proposes and votes on new national laws. • Votes on confirming federal judges, UI.S. Supreme Court Justices, and many IiMli-level presidential appointments to civilian and military positions. OR LYTAITZ 29839 Santa Margarita, Suite 100 (949)683-5411 Party Preference. Rancho Santa Margarita,CA 92688 orlytaitz(c,Lmail.coin Republican runorlynin.com 0 Etta it7fi)I-ti sse(I ate.C oln am not a career politician. I am a businesswoman, a licensed attorney and a licensed doctor of Denial Surgery,a wife and a mother. For 25 years my husband and I have raised our 3 sons in California.I am.-running,because I want young people of the Golden state to have the opportunities that we had in Reagan Golden era. As long as the he same career politicians continue representing us, we will continue losing American 'ohs and gaining American debts. My 3 main goals: jibs,jO s,jobs. I will seek 5 years moratorium on taxation on any repatriating iati ng to US and companies. I Ir creating new American jobs. For ever), dollar in tax revenues on newly created jobs for the (,/.S. citizens, there will be a dollar in taxation credit for the companies. No more crushing debt on our children, no more regulations killing American jobs, As an attorney I showed courage in fighting for your Constitutional rights. Recently a judge upheld my subpoena for Barack-Obatria to appear at trial and provide his identification papers. You deserve the truth, resl3ect n I apd tznswers: why Barack Obama is using a Connecticut Social Security riu-i ber which i� was never assigned to film according to E-verify;why his alleged copy of a birth certificate is deemed to be a computer generated forgery, why his school records show him as an Indonesian citizen and many others. IfJvu n)antyour government accountable to you, vote Orly Mitz.1 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ ELIZABETH Ell KEN P.0, Box 81 (92.5) 395-4474; Party Preference: Dawville, CA 94526 info,, etnken2012.corn Republican w-%-Avejr.-ken2012.corn If Congress managed your personal finances, you would fire them. Runaway federal spending has produced a $15 trillion national debt—nearly$49,000 for-,Very single Ameril-an, We cannot continue down this path. Fri]running for United States Senate to reduce the size and cost of government and balance this budget. I will promote the free market and get small businesses growing again by suspending job killing government regulations and mandates.I will fight to develop energy resources in the UI.S, so we 'lower gas prices and no longer send energy dollars to hostile countries that fund terrorism.As a wil'c and mother of three,I am concerned for my children's future.)A`e must remove the wc;,cvlit on our economy so good jobs are available to future generations. I served as an efficiency and cost cutting expert at,IBM, streamlining operations, eliminating waste and achieving multi-million dollar savings. When my son was diagnosed with autism, I becarne Vice president of Autism Speaks,joining the effort to identify the causes and treatments for autism. I am a fighter and a problem solver, I will work tirelessi.,v to restore a smaller, leaner, and limited federal C, government,as outlined in our Constitution.I would be honored to earn your support.Learn more at Emkcn2012.com. ItOBERT L.,kLFFEN R 0. B(-)x 121 (714)202-2625 Party Pre-'erence: Bi-ea, CA 92812 inK-)Cc;i-oberilautenfiyrus,,enate2O'.'-)coni Republican wwA robertiatitenforussenate2O12.com I support reinstating the Glass-Steagall Act 1933-1999. Cosponsor H.R. 1489. Reestablish the Hamiltorriaar Credit System. Start the 1960's NAWAPA infrastructure project. Modernize our 34-+ year old Nuclear Power Plants. End Cap and Trade, the $2 trillion derivatives bubble potential. Refund the United Nation's Agenda 2L coi- ---------------------------------------;�---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- , orderQfthe candidatestarements was determined by randomized alphabet drawing SiaremeI o,,this pag e e were supplied b,,,the candidates and have not been checkedfior accutoc'v.Each sra,Ic wc nt was voluntarily submitted by the candidate and is printed at the expenseof the candidate.Candidates who dh/not submit statements could otherwise be quahfied to appear or the ballot. U.S. Senate Candidate Statements i 21 i U.S. SENATE CANDIDATE STATEMENTS CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- PLAN HUGHES 1800 Thibodo Road, Suite 300 (760-)624-4511 Party Preference: -Vista, CA 92081 infor,�,,Idanhughesz'0 12,co in Rep ublicati www.danhughes2012,corri Our country is in crisis. axle face high unemployment, struggling businesses, massive home foreclosures and huge Z-1 fiscal deficits ;at the state and national level. But no deficit is larger than our country's moral and leadership deficit. Many believe the United States is doomed to inevitable decline and that the future belongs to China and India. My name is Dan Hughes, and I believe thatL America's best days are ahead of us if we have the moral strength to change,course. That's why I am a Republican candidate for United Mates Senate. Me Inust start by chance n.1- the 1?ohtical status quo and the incumbent Politicians who havefiaihed us. Washington, D.C. and the political insiders have never been more out of touch. They seem unwilling to do what it takes to improve daily life for the average citizen. I am a rolls, grown revenues small business owner who cm ploys -nearly 100 Californians. I have balanced budgets, met IV p payrolls, and endured the ups and downs of recession. I know what it takes to create jobs because I've done it. I am a husband, father of four, active in my church and community and a proud Reagan conservative. I'm not a politician and I strongly support term !limits for Congress, f will fight to cut government spending,reform the job-killing tax code and government regulations, stop higher taxes, secure our border and repeal government controlled healthcare. I would be honored to have your vote. For more information,please visit N 1 (510)652--0378 11 K E STRLA L ING 1334 Grand A-venue Party Preference: Piedmont, CA 946-10 ins(�-taxtherich-20 I 2.org Democratic wwwtaxtherich2012.org Tax The Rich. I run to allow you to vote for your beliefs. The rich have attacked the middle class. Taxes were four times higher on millionaires Aron 1942 to 1982—when America was strongest. Even in 1918, taxes on millionaires we re Now Romney pays only 15%on millions You pay more When the rich were taxed,they kept [heir money creating jobs. Now, they yank money out of American jobs. The result is clear. The richest 1% own more wealth than the bottom 90% coinblrued. 'Fax cuts for the rich have bankrupted America. The middle-class pays: in expensive education and healthcare, fees and tolls, broken schools and bridges, closed parks and courts, threats to Social Security and Medicare, debt to our children. Talented students cannot, afford tuition, threatening America's future. The radical Supreme Court assaults consumers. Inequality causes dangerous unrest. Send a message. Restore our beloved country.Let's erase the deficit by restoring taxes on the rich to what they paid during Eisenhower.Kennedy and Nixon eras, Tax all stock and property worth over$3 million to pay the debt. Revoke charters of corporations that refuse to limit political contributions. Restore freedom and privacy. Stop senseless war. This vote is to restore balance between the IXo and the 99%. wwiv.'T'ax'l'heRici-t1011.oi-cy DIRK.ALLE N KONOPIK P0. Box 4739 (909)293-9225 Party Preference: Rancho Cucamonga,CA 91729 cimpaignr�)koiiopikfbi-ca2012.coi-r! Republican Aixvw,koiiopikfort.a20'.2.con3 Christian, Veteran,American. NRA,VFW, American Legion. Will stand boldly for Christ. MARSHA FEINLAND 21124 Kittredge Street#66 (510) 845-4360 Party Preference: Berkeley., CA 94704 feinlandforsenate(�A.),gmiii.coni Peace and Fre—do-.11 The 99% want housing, health care, education, and environmental protection. The 1% give us war, prisons and discrimination. "They control the wealth that we have worked to produce. Let's decide democratically what we need and make the rich and their corporations pay. -----------------------------------------------------------------------------------------------------------------:----------------------------------------------------------------------------------------------------------------------------------------------------------- The order o,I'the ion didate staiements-was determine.1b'v randomized alphabet drawing.Statements on thispage we,resupplied bY the candidates a a d ha i'e not been checked jo r accuracy.Each statement i vas vohcntarzti s&bm itte,d bY the e candidate and is printed at the expense of the candidate. Can dida t�who did no,,submit stater tents could o therwi�e be qualified to appear on the ballot. 22 1 U.S. Senate Candidate Statements U.S. SENATE CANDIDATE STATEMENTS CONTINUED ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- DIANNE FEINSTEIN 1801 Avenue of the Stars, Suite 824 (310)203-1012 Party Preference: Los Angeles, CA 90067 jannefei n Stein 20 1 1,Conj Democratic These are difficult times for our state and our r nation. The economy,while in the early days of a recovery,is emerging from one of the worst recessions in Ainerican history. The country Paces critical economic and national security challenges throughout the world. California Needs proven leadership -te US Senate that,is prepared to meet those challenges. My number one priority is to bring stability to California's and the nation's economy. I support sensible measures to grow the economy like payroll tax cuts, a refinancing plan to help homeowners with their mortgages and end the epidemic of foreclosures in our state, a much needed infrastructure plan to create jobs,support for teacher and first responder salaries, and tax credits for employers to hire unemployed veterans and the 'long term unemployed. I am also deeply conualitted to protecting the Social Security and Medicare programs that are so vital to our seniors. The Senate Intelligence Committee, which I Chair, is now run in a non-partisan manner,making us more effective in protecting the nation's secui ity, disrupting terrorist,activity, and providing critical oversight of t' c 16 agencies of the Intelligence ComnTiunityv As a member of the Judiciary Committee, I remain vigilant in safeguarding the civil rights of all our citizens and am unwavering in Protecting a woman's right to choose against all assaults. I'm runniing for US Senate because I believe f possess the know-how, experience, and commitment to make a difference for California. Your support will be deeply appreciated. COLLEEN SHE? FERNALD P.O. Box 3007 (707) 829-2243 Party Preference: Santa Rosa, CA 95402 Democratic wwv,��campaignforpeace.org Dear congressionally betrayed voter, h is time to end government organized crime. I arti probably the only candidate on this ballot who will end it; by supporting and defending our Constitution without any mental reservation or purpose of evasion. By demanding an immediate end to the unconstitutional"wars" of congressional choice, never Ilecessil r_1 r_1 Y, in Afghanistan; and other are-cis of conflict. Ws time for AinericaCARE,not unconstitutional warfare. ROGEIJOT, GLORIA 1610 Sherbrooke Street (619)267-5.334 Party Preference- San Diego, C A 92 13 9 r.gloria40(�)ginail.con, 11epublican I am an experienced U.S. Naval Officer and federal employee. littp:,/!'gloiia.orcot4,,4i-ess.weeb.y.coyn AL RAMIREZ P.O. Box 3002 (202)455-0560 Party Preference: Santa Monica, CA 90408-3002 20l2(u,)a1raiT1irez.con3 Republicm wwv,��alrarnirez.con, You never lose when you serve your country and now more than ever we -need people willing to stand up for what we believe in to keep the American Drain alive for the next generation. I am running for the US Senate because I want to help put people back to work, defend our Constitutional rights, maintain the worlds greatest military and effectively manage our natural resources to attain energy independence. As a businessman in the technology industry for 20 years I have seen the power of innovation to create jobs. That's why I want to help continue near. /- I A L 11 California1 to be a technology leader by cutting the red tape to let entrepreneurs run their businesses instead of being run out of business by government over-regulation. I will defend our religious beliefs and the rights of families, work to repeal L- L- the government takeover oi`our health care system and uphold the 2nd Amendment. Most importantly I will work to address the dilemmas attributable to illegal immigration and welfare dependency and put the interests of working taxpayers first. It is also time to get our government under control. That means cutting spending, auditing the Fed and making sure our elected officias I,'-vc by same laws as the people. Our best days are ahead of us but only if we work together to make a change in DC',that's why lin asking for your help,your support and your vote. To learn more about me visit my website: ---------------------------------------;�---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- , order ofthe candidate statements was determined by randomized alphabet drawing. -e Star ments on this page were supplied b,v the candidates and have not been checkedfior accuracy. Each statc w,c nt was voluntarily submitted by the candidate and is Prin te("(1,1 to e expense of the candidate.Candidates who dh/r o i s u,btn it statements could otherwise be q a a lifi,ed to appear on the ballot, U.S. Senate Cand"date Statements i 23 i TEXT OF PROPOSED LAWS PROPOSITION 28 of the United States and a resident of California for 3 years, immediately preceding the election, and service q,/­ Phis initiative measure is subrnitted to the People in the Budd term of ol)l'ice to irhich the z?erson is seeking to be accordance with the pr ovisions o4"Section 8 of Article 11 of elected .,wuld not exceed the inaxiinurn Years ofseri,,ice the California Constitution. pertnitted by subdivisiop (q), of this section. This initiative measure amends a section of the (d) When a vacancy occurs in the Legislature the provisions g California Constitution, therefore, existing isions Governor immediately shall call an election to fill the proposed to be deleted are printed in strikeout typc and vacancy, new provisions proposed to be added are printed in italic, SEC. 4. Severabilitv type to indicate that they are ne-,AT. PROPOSED LAW The provisions of this measure are severable. If any provision of this measure or its application is held invalid, Section 1. This measure shall be know n and may be that invalidity shall not affect other provisions or applications that can be (liven effect without the invalid cited as the"Legislative Term Limits Reform Act of201O." provision or application. SEC, 2. It is the intent of this measure to change the SEC. _51. Conflicting Initiatives current term limas law for legislators who are no'kAT In the event that this measure and another measure or permitted to serve up to 14 years in the Legislature by measures changing the number of terms or years a doing the following: legislator may serve in office shall appear on the same (1) Reducing the total -.lumber of years a legislator is statewide election ballot, the provisions of the other measure or measures shall be deemed to be in conflict permitted to serve from 14.to 12, (21) Perinitting a legislator to serve her or his years of with this measure. In the event that this measure receives service either in the Assembly, Senate,or cornbination of a greater number of affirmative votes, the provisions of the two. this measure shall prevail in their entirety, and the other ('31) Prohibiting any current or former legislator from measure or measures shall be void. benefiting in any way from this reform. PROPOSITION 29 SEC, 3, Section 2 of Article IV of the California Constitution is amended to read: This initiative measure is submitted to the people in accordance with the provisions of Article 11, Section 8, of SEC. 2. (a) (1) The Senate has a membership of 40 the California Constitution, Senators elected for 4-year terms, 20 to begin every 2 This initiative measure adds sections to the Revenue years.N e than-2 fermk-. and Taxation Code;therefore, new provisions proposed to (2) The Assembly has a ineinbership or 80 ineynbers be added are printed in italic: tvpe to indicate that they are elected fior 2-year terms. new. ser;%,e7-!-nt)r�-f-h-ati-3--I,e,rtyn--, PROPOSED LAW (3) TheiHerrn-&The terms of Senator or a Meniber of Thej)eople qf the,state ofCalifornia do enact asfiollmvs: the Asseinbli, shall commence on the first Monday in December next following their her or his election. HOPE 2010: *THE CALIFORNIA CANCER (4) During her or his lifetime , c, a person inay serve na RESEARCH ACT more than 12years in the Senate, the Asseinbly, or both, in SECTION 1. Findings and Declarations I ';nat; a oj`terms. This subdivision shall ar, ly any coinn. W IS P only to those 2111en?bers cif the Senate or the 4ssembly 1,Vho (a) Despite continuing advancements in medical are first elected to the Legislature after the effective date treatment and prevention, cancer remains a leading cause of this subdivision and irho have not preWously served in of death in California, responsible for nearly one in every the &!nate or Asseinb' . illfetribers of the &!nate or four deaths each year. ,4ssem.bly i1rho ii�ere elected n'06rc-the effi�ctive date ofthis (b' M edica' experts expect more than 140,000 I ) subdivision tray serve om'i�the number of tei-ins allowed at Californians to be diagnosed with cancer each year. the time(�f the last election before the effective date of this (c) Cigarette smoking and other uses of tobacco remain subdivision. the leading causes of cancer in California, as well as many " (b) Election of members of the Assembly shall be or i other serious health Problems', including cardiovascular t I nc first 'Tuesday after the first Mo-. day in November 00 disease, emphysema, and other chronic illnesses. evert-numbered years unless otherwise prescribed by the I (d) The treatm o ent . tobacco-related diseases contitraes Legislature. Senators shall be elected at the same time and to impose a significant burden upon California's places as incinbers of the Asse-n-tbly, overstressed health care system. Tobacco use costs (c) A person is inelilgible, to be a member or the Californians billions of dollars a year in medical expenses Legislature unless the person is an elector, and has been a and lost productivity. resident ol'the legislative district for one year,and a citizen 24 1 Text of'Proposed Laws TEXT OF PROPOSED LAWS PROPOSITION 29 CONTINUED (e) Given the urgent need for new, and effective on and qj,ker the first day of the first calendar quarter treatments for cancer and other tobacco-related illnesses, commencing more than 90 days after the effective date tobacco tax revenues are an appropriate source of funds this section. for research into the causes, early detection, and effective (b) (1) In addition to any other tax imposed under this treatment, care, prevention, and potential cures of lung part. every dealer and wholesaler, for the privilege (),/- cancer and other types of cancer, cardiovascular disease, holding or storing cigarettes fear sale, use, or con'sunijtion, emphysema, and other chronic diseases, and to provide shall pal.,a floor stock tax for each cigarette in his or her facilities for such research. possession or.under his or her control In this state at 12:01 (f) HOPE 2010: The California Cancer Research Act. a.m. on the first day of the first calendar quarter will provide an ongoing source of funds to allow commencing more than 90 days after the effective 0 date of California's leading researchers to advance human this section at the rate of 50 mills ($0 050) for each understanding and 141-nowled(le about the causes, early cigarette. detection, effective treatment, care, prevention, and (2) Every dealer and i1rholesaler shall file a return with potential, cures for cancer and other tobacco-related the State Board oj'h.ajutdization, on or b(fi re the first day illnesses, oj'the first calendar quarter commencing more than 180 the (f(g) Tobacco tax increases are an appropriate way to days a"'10 1 qiet effective date oj'this section, on a jbrm fund efforts to prevent and reduce tobacco-caused cancers prescribed by the board, showing the number ofc-ijzarettes and other diseases because increasing tobacco product, in his or her possession or under his or her control at prices directly reduces smoking and other tobacco uses. 12:01 a.m. on the first dqY of the first calendta- quarter. (h) In order to control cancer, sustained support for commencing more than 90 days a"'e t ld _pT - the(?fifective date of cance-research is paramount and must include all phases this section.. The amount of tax shall be computed and of cancer research, from basic and applied research to that shown on the return. which transfers technology from academic. institutions (c) Notwithstanding any other provision oflaw, the tax and laboratories to use by medical providers and created by the H0,PE: 2010 Cancer Research Act and the consumers. revenue derived therefrom, including investment interest, shall be considered trust 1iinds, to be expended solell for SECTION 2. Statement of Purpose thepurposes set forth in this act and shall not be considered The purpose of this measure is to increase the tax on to be part oj'the General Fund, as that term is used in tobacco to fund [he follow-ling: Chapter I (commencing with Section 16300) of'fart 2. of (1) Grants and loans for biomedical, epidemiological, Division 4, of Title 2 (?f the Government Code, and shall -al F revenue purposes(f in not be considered Genei und 1 11 fbr 13 r beiiavioral, health services, and otherresearch California to enhance the state of medical knowledge Section 8 (f Article XVI elf the Califin-nia Constitution, regarding lung cancel- and other types of cancer, and its implementing statutes. cald-ovasCular disease, emphysema, and other tobacco- 30130.51. De?finitioris related illnesses. Fbr the Purposes on'this article: (2) Creation, staffing, and equipping of California (a) "Cigarette"has the same meaning ng as that in Section research facilities engaged in biomedical,epidemiological, 30003, as it read on.January 1, 2009. behavioral, health services, and other research whose (73) "R)bacco products" includes, but IS not 'limited to, primary focus is to ;Identify and refine promising-- all farms of cigars, smoking tobacco, chewing tobacco, prevention, early detection, treatments, complementary Snu,ff and aPY other articles or products inatle of or treatments, and .1 g potential cures of lung cancer and other containing at 'east �O percent, tobacco, but does not p 0 least types of"cancer, cardiovascular disease, emphysema, and include cigarettes. other tobacco-related diseases. 3013052. Effiect on Tbbacco Consumption and Mx (3) Increased efforts to reduce tobacco use in the state Revenue and prevent children from becoming addicted users. (a) The State Board qfEqualization shall determine within one Year oj'the operative date of this article, and SECTION 3. HOPE"-'OIO:Caiforn,-aCanc-,rR-csear.-I-I annual1v thereafter. the (f fect that the additional tax Act imposed on cigarettes b'v this article, and the resulting Article 2.5 (commencing with Section 30130.50) is increase in the tax on. tobacco products rewired by added to Chapte-2 of Part, 13 of Division 2 of the Revenue subdivision (b) of Section.30J23, have on the consumption � -znd tobacco j?roducts in this state. T of c -arettes e. o the and Taxation Code, to J extent that a decrease i I n consumption ;s determined by the Article 2.5. J-101'E2010: Cal State Board of_hqua1i7at;()n to be a direct result of the additional tax imposed by this article, or the resulting 30130.50 HOPE 2010 Cancer Research Ci,,Uarette increase in the tax on, tobacco products required by Excise :tax subdivision (b) of Section 30123, the S"tale Board of (a,l In adofit;()n to any other tax imposed under this part, Equalization shall determine the.fiscal clect the decrease a I separate excise tax is hereby imposed upon every i.n,consumption has on the Cigarette and 7bbacco products distributor of cigarettes upon the distribution oj'cigarettes S"urtax T,7und created by Section 30122 (Proposition 99 as at the rate of mills(,,5 0.050)jbr each cigarette distributed approved by the voters at thcXavember 8, 1988, statewide jext of Proposed Laws 25 TEXT OF PROPOSED LAWS PROPOSITION 29 CONTINUED general election), the Breast Cancer Fund created by potential cures of lung cancer and other types of cancer, .Section 30461.6, the California Childrenand Families cardiovascular disease, emphysema and other'tobacco- Trust Fund created by Section 30131 (Proposition 10 as related diseases, subject to the authority of the committee approved by the voters at the]Vovember 3, 1998 statewide to redirect surplus funds, as provided in this act. general election), and the portion (),''the General Fund (3) Twenty percent shall be deposited into the HOPE created by:Section 30101'. 2010 Tobacco Prevention and Cessation Fund for carrying (b) 'T'lie Conti-oiler shall tran,5jer finds from the out comprehensive tobacco prevention and control California Cancer Research Lie Sciences innovation programs, and apportioned in the.following manner: Ti-ust Fund to the Cigarette and Tobacco ProductsSurtax (A) Eighty percent of the HOPE 2010 Tobacco Fupd, the Breast Cancer Fund, the C'al ornia Children Prevention and Cessation Fund shall be allocated to the and Families Trust Fupd, and the General Fund, to ojfet Mate .department of Public Health Tobacco Control the revenue decrease directly resulting from imposition oj` Program to support the tobacco control programs ams additional taxes by this article. described beginning dt Section 1 4315 of the Health and 30130.53. HOPE 2010 Funds Sq'ety Code. ,q) (The California Ct,ncer Research Life ,Sciences l�1 Tweaity percent r t' the HOPE, 21l1E1 Tobacco Innovation Trust Fund and within that ford the Hope Prevention and Cessation Fund shall be allocated to the .,2010 Research Fund the Hope 2010 Fawilities Fund, the ,State Department of Education for programs to prevent Hope 2010 Tobacco Prevention and Cessation Fund the and reduce the use of tobacco products as described in Hope 2010 Law Enorcement Franca and the HOPE 2010 ,Section 104420 of the Health and Safety Code. Committee Account are hereby established in the State (l) :three percent shall be deposited into the HOPI Treasuaw. 2010 Laiiy Enforcement Fund to support law enforcement (b) ]Voat4thstanding any other provision of lay v. the efforts to reduce cigarette smuggling, tobacco tax evasion, California Cancer Research Life ,Sciences innovation and counterfeit tobacco products, to reduce illegal sales Trust Fund and all funds, sulifi.inds or subacccounts of that of tobacco products to minors, and to enforce legal fund are trust f mels established solely to carry out the settlement provisions and conduct law enforcement purposes of this act. training and technical assistance activities for tobacco- (c) All revenues from the excise and.,floor stock tax related statutes, and apportioned in thefollowing manner: received by the state, or state cl(ficials, pursuant to the (4) Forty percent of the HOPE 2010 Law Enforcement previsions of this act,shall be deposited into the California Fund to the :State Board of Equalization to be used to Cancer Research Life Sciences innovation Trust Fund. enforce laws that regulate the distribution and retail sale (d) Revenue deposited into the California Cancer of cigarettes and other tobacco products, such, as laws Research Life Sciences Innovation Trust Fund shall be that prohibit untaxed cigarette and tobacco product deposited and apportioned as1'ollows: smuggling and counterfeiting and sales of cigarettes and (1) Sixti,percent shall be deposited into the HOPE 2010 other tobacco products without a groper license. Research Fund for the purpose of grants and loans to (11) Forty percent of the HOPE 2010 Raw Enforcement support research into the prevention, early detection, Fund to the Stale Department ofPublic Health to be used treatments, complementary treatments and potential to support programs, including; but not limited to, cures of lung cancer and other types of cancer, providing grants to local law enforcement agencies to cardiovascular disease, emphysema and other tobacco- provide training and_funding.for the enjbreement of state related diseases, including, but not limited to, coronary and local laws relaters' to the illegal sales of tobacco to heart disease, cerebrovascular disease, and chronic minors, iiiereasiiig investigative activities,and conipliance obstructive lung disease, which shall be awarded on the chechl-s, and other appropriate activities to reduce illegal basis of scientific merit as determined by an open, sales of tobacco products to minors, including, best not competitive peer review process that assures objectivity, limited to, the Stop Tobacco Access to Kids EliTbrcement consistency; and high quality. All qualified investigators, (STtlKE) fact, pursuant to Section 22-952 of the Business regardless of institutions-il of Wation, shall have equal and Professions Code. access and opportunity to compete for the funds in this (C) Tiventy percent ofthe HOPE 2010 Law E,qfbrcement act. The peer review process for the selection of grants Fund to the Attorney General to be used for activities awarded under this program shall be modeled on the including, but not limited'to, enforcing laws that regulate f process used by the A,t-itional institutes of Health in its the distribution and sale of cigarettes and other tobacco grantors..iaazpaocess. products such as laws that prohibit cigarette sarauggling (2� Fifteen percent shall be deposited into the HOPE counterfeiting, selling untaxed tobacco, selling tobacco 2610 Facihties Fund for the purposes ofgrants and loans 1�4thout a proper license and selling tobacco to minors, to provide facilities, including; but not limited to, those and enforcing tobacco-related laws, court judgments, and buildings, building leases and capital equipment as may settlements. be foasnd necessary and appropriate by the committee to (5) 7wo percent shall be deposited into a HOPE 2010 .fisrther biomedical, epidemiological, behavioral, health Committee Account which may be used by the committee services, and other research whose primary focus is to and the Mate Board of Equalization jbr the costs and irs'entijy and rgfine promising prevention, early detection, expenses of administering this act. treatments, complementary treatments, rehabilitation and (e) Funds deposited into the California Cancer 26 1 Iext o f Proposed J av,s TEXT OF PROPOSED LAWS PROPOSITION 29 CONTINUED Research Life Sciences Innovation Trust Fund or any member of the committee, or those Persons appointed by su,bfimd or subaccount of that f2ind, may be placed into the committee members to attend meetings on their behiq'f* Pooled 411oney Investment Account for investment only, shall be an oflf',"i t , cer, emplo.yee, director, independent and interest earned shall be credited to the.1hind and contractor, or grant recipient of any company or other deposited, apportioned, and expended only in accordance business engage in the manufacture, marketing.,d with the provisions of this act and its purposes. distribution, or sake of f tobacco products, or have received eta Funds deposited -into the California Cancer any grants or payments for services of any kind from any Research L., V e Life :Sciences Innovation 7�-uv Fund, together such company or business during the past I"vo years. with int,-.-resteariie(.Ibvthefiipdore:znvstibfu.nd, areherebV (6) 'The terms of office for appointed members shall continuously appropriated for the purposes of this act commence on the effective date of this act and continuejbr ii4thout regaxrd to fiscal t.vear, and shall be used solely for fbur years, except that the initial alyointinent of two the purposes oj` this act and shall not be subject to members by the Governor and on,-.- member by the State appropriation, reversion or trans.fier by the Legislature, Public Health Qfficer shall be for two-year terms that the Governorl. or the Director of Finance.for any other shall expire two years after the efke.-tive date of this act. purpose and matt not be loamed to the General Fund'. or Except for vacancies that occur as set forth in any other fund, for any purpose, paragraph (4) of subdivision (a), members appointedJbi, .30130.54. HOP L' 2010 Cancer Research Citizens a term shall continue to serve until their replacement is Oversight(,omm.ittee selected. If vacancy occurs within a term., the appointing ,q) There is hereby created within the government of authority shalt'appoint a replacement member to serve the the state, the HOP 2010 Cancer Research Citizens remainder of term within 30 days qf the date oj'the Oversight Committee. All references in this act to the vacancy. "committee" are to the HdPL,' 2010 Cancer Research (b) The Inembers, by mai0rity vote, shall annually Citizens Oversight Committee. The committee shall select one qj'their number to serve as chair qj'the colnm Wee consist of nine mcnibers, appointed as-follows: and preside over its meetings and perform any other duties () -Four members appointed by the Governor, as as may be delegated by the committee. Billows: (c) Except fin- those members who are also public (A) One member qfflliated with a Cal�'brnia academic officers or employees, the members of the committee shall medical center who is apracticingpkvsician,with expertise receive one hundred dollars (S,100,) per day for each day, in theprevcution, treallnent,or research ofeardiovascular occupied with attendance at public meetings, of the disease. committee and reimbursement fortheir usual and ordinary (B) Three members selected fi-om aniong the cancer expenses, as provided by the general law. Avlembers(),fthe center directors of National Cancer Institute-designated committee who are public tfficers or employees shall not cancer centers located within the state. Each director may be otherwise compensated for their service on the designate a Person to attend meetings of*the committee in committee. his or her place. so long as that person is employed at his (d) The committee is vested with the power and or her center and that employment provides background authority to do all of the j"blio wing: and experience in cancer treatment. Oversee the operations of the California Cancer Trust Fa i" The chancellor from each of the campuses o the Research Life Sciences innovation 7� and its university of California that is a member of the Cahjbrnia subtands and subaccounts and to act as trustee of'the trust Institute for Quantitative Biomedical Research. Each ..funds created by this act. chancellor may designate a person to attend meetings of (2) Appoint a chief executive officer who shall be the committee in his or herpiace, so long as thatpersop IS exempt from the civil service pursuant to section 4 of employed at his or her resmect."Ve 'Campus and that Article V11 of the Cal�ornla Constitution. :the chiefi employment provides background and experience in executive off icer shall have the power to appoint any quantitative bioscience. employees as are necessary for the administration of the (3 Two appointed by the State- Public Health Wicer, fund and the per,formamce oj'those duties imposed osed Upon the appointments to be selected from among (7e.djbrpia the committee by law except that, notw,ithstanohng any represente.dives of Californiaor national disease on. other provision o t -1vocacy J' Iorivl. no ojjie.-er or employee of the groups whose, ocus is tobe.u.-co-related illness, at least one committee shall be an officer, emplo),yee, director, of 147honn shall be a person who has been treated for a independent contractor, or grant recipient ofanY company tobacco-related illness, or other business engaged in the manufacture, mark-et;ng, (4) No person who is required to register as a lobbyist distribution, or sale of tobacco products, or have received under the provisions of any law of the 11nited States, the any grants or pa'ymentsforser0e.-es of an.'v kind from any State q'f Calijbrnia or any local go vernment, is eligible for such companY or business during the past two years. appointment to the committee.A member q`f the committee (3) Establish sub/iintIs and subaccounis within the who registers with any governmental entity as a lobbyist is California Cancer Research and Lie Sciences Innovation deemed to have resigned .1/rom the committee and his or Fund, and apportion money in the fund into those sub/ime1s her office is deemed vacant as of the date of registration and subaccou-nis, as is found necessary and appropriate as a lobbyist. .,for administration oj'this act. (5) Notwithstanding any other provision of law, 1,10 (4) Establish a process jbr soliciting reviewing, and jext of Proposed Laws 27 TEXT OF PROPOSED LAWS PROPOSITION 29 CONTINUED awardiri! its and loans for research, facilities and value `turn anyone who is doing or is seeking to do � fi 'I�o pati,ent treatment. business of any kind with the officers or einployees (5) Establish and appoint committees and advisory appointing authority or whose activit ies are regulated or bodies as it deems necessary and appropriate to carry out conlrolledby the appointingauthority undercircumstances its duties. fi-onz, which it reasonably could be substantiated that the Develop annua' and long-term strategic research g; was intended to influence the officer or employee- oyee In and Ificial ditties or was intended as a reward for financial plans for the fitful, inc,1116fing an annual his or her o budget for administration of this act. any official actions performed by the ofificer or employee. 1 take 1 12 Me 1 ' final decisions on He award (�f loans arid (G) Subject to any other laws, rules, or regulations as grants, and to revoke or rescind loans and grants which pertain thereto, not devoting his or her full time, attention, do not conform to approved research standards. Entynov and C.Iforts to his or her state office or emploVinent during auditors to prepare an annual financial audit of the fund' his or her hours qf6luty as a state )f or employee. s , officer operations. (144) Adopt, amend, and rescind rules and regulations (8) Issue, at least annually, public reports on the to carry out the purposes and provisions of this article activities of the committee and the fund. and to govern the procedures of the committee, in (9) 1 accordance with the provisions of the Adminiswative Establish policies regarding intellectual property rights arising from research funded by the committee, Procedure Act(Article 6(commencing with Section 11.340) which shalt' be consistent with those implemented by the oj'C7hapter 3.5 oj'.fart I of Division .3 of title 1 oj'the L"hiversilry of California. Government .Y � (10) Establish rules and gu;de1inesfor the operation of (15) Peijbrnt all other acts necessary or appropriate ate in the fiend the exercise of its power, authority, and jurisdiction. Periodically review the income and expenditures (e) 411celings of the HOPE 2(i1() Facilities Fund. 1j' the committee The committee, and all subcommittees and advisory, determines that there is a surplus in the fund it may bodies created by it, are a "state 'body" as that term is redirect money in that_fund to the H0PE 2010 Research used in Section 11121 of the Government Code, and all Fund, the HOPE 2010 7i)bacco Prevention and Cessation meetings of the committee, its subcommittees and advisory, Fund, or the HOPE 2010 Last) Enforcement Fund in the bodies, shall conformto the provisions of the Bagley- amounts and for the period determined by,the committee. Keene Open 411eeting Act (Article 9 (commencing t,,,ith (127) Reinibursc the State Board of L'qualization,fibr the Section 11120,) of'Chapter I of'Part.1 qj'L)ivision 31 of'Title cost of services required b"v this act. z ol'the Government Code). (13) Pursuant to Section 19990 of the Government (l) Records j Code, adopt rules the application governing to of this All records of the committee shalt' be public records as � paragraph, including a provision to provide notice ol"its those terms are defined in the Cah/brnia Public Records requirements to all o' Irticle I (commencing with Section 0250) of Chapter officers and employees. Act(A The 6bliom4ft j g activities are inconsistent, Incompatible 3.5 cif*Division /7 of Title I of the Government Code) and or It,conflict with the duties of members of the committee may only disclosure in accordance or Its m,Beers or entfVoyees: with the provisions qj"'that act. (A L/sing the prestige or Influence of the state or the (g) Cotflicts qf1interest committee for the qffic,,er's or employees private gain or (1) lVonvithstanding any other provision oj` law, no advantage or the private gain of another. member of the committee, or those persons appointed (B) ()sing state time,facilities, equipment, or supplies by committee members to attend meetings on. their behalf for privategain or advantage. or those off"c ers or employees employed by the , , (C.) L[sing,or having,access to,confidential information committee, shall participate in an evaluation, revi. ii�,e available by virtue ofstate employment for private gain or recommendation, or decision upon at, application or advantage or providing confidential infibrination to proposal for grant or loan, or other distribution ol'finuls persons to whom issuance oj'this information has not been by the committee, if that person has a direct or indirect authorized. financial interest in, the applicant or the subject of an Receiving or accepting money or any other application 07' proposal for a grant or loan or other consideration from anyone other than the state Jot, the distribution offvnds, 1f such persons have a financial performance of his or her duties as a state officer or interest in the application or proposal, it shalt'be publicly employee. announced at the first meeting of the committee following (f,') Peilbrinance of an act in other than his or her disclosure oj'the interest and recorded in the minutes of capacity as a state qfficer or employee knowing that the the committee meeting, zVotwithstame-ling any other act May later be subiect, directly or indirectly to the provision oflaiv to the contrarv. tMere a financial interest control, inspection, review, audit, or ct?,lin-cement by the is found to exist, upon disclosure and disqualification, the o(ficer or employee. committee may otherwise consider and take action upon (F) Receiving or accepting directly or indirectly any ally, tit I I _,_�plicationfior grant, loan, or other distribution of gift, including money. or any service, gratuity fiivor, fimib�. enlertainment, hospitality, loan, or any other thing of (2) Alo member of the committee or those persons appointed to attend meetings on their behalf its staff,s a.f,' 28 1 Text o r Proposed Laws TEXT OF PROPOSED LAWS PROPOSITION 29 CONTINUED contractors, or grant recipients shall receivefitndinjz or (5) TVilifullY nMuses oi- omits to pay over, on demand, be eniployed by persons or business entities engag�ed any public moneys in his or her hands, Upon the in any aspect of tobacco growing, manufacturing; presentation ref dra , order; or warrant drai-vii upon processuig, distributing, inarketing, or other activities these moneys by competent authority. within the tobacco industry. (6) Willfiillv omits to transfer the same, when transfer (3' 2�,otliiiigt'ieret;ii.;s.;n.,*epdc! application o,�-q Is [a ') d to limit an- " *' ) the i required by ' -,v. Political J?eforn? Act ("Title 9 (commencing with �ectlon (7) l-Villfullv omits or r(fuses to pay over to any officer 81000) of the Government Code) to the committee or its or person authorized by law to receive the same, any Officers and einplovees. money received by him or her under any duty imposed by Annual Public]?(?Port taw so to pay over the same. The committee shall issue an annual report to the public (b) As used it, this section, -public moneys" includes ncludes which sets forth its activities, grants awarded arid in the proceeds derived front trust funds, as defined in this progress, research accomplishments, and future program act and­from loans or grants authorized by the committee directions. _hach annual report shall include, but not be fromthose trust funds. lin'zited to, theJbilowing.- the number and dollar amounts 30130.56. Statutory References of research, fe.u.-ilities and treatment grants; the 1.42less otherwise stated, all r(ferences ;n this act re,/er administrative expenses of the committee, the fund, and to statutes as the*v existed on Deceinber.31, 2009. the State Board of E'quali7ation; and a summary of SECTION 4. Severability research 1flildings. independent Financial Audit If the provisions of this act, or part therleo-', is for any The coniniittee shall annually cowniiSs1'o1`1 an reason held to be invalid orunconstitutiona ,the remaining independent financial audit of its activities from a provisions shall not be -, I affected, but, shall remain in full certified public accounti-n-firin. Any firm that provides force and effect and to this end the provisions of this act consulting services to the coinnfiftec shall be disqualied are severable.. fi-oni providing audit services. The resulting audit shall be provided to the Conti-oiler, who shall review the audit SECTION 5. Conflicting Measures and annually issue a public report of that review. (a) It is the intent of the people that in the event that this (J) Li-initation, on Administrative Costs measure and another measure relating to [he taxation of ATotinore than 2percent of'the annual revenues derived tobacco shall appear on the same statewide election ballot, firom this act shall be used for the costs (�f general be provisions of the other measure or measures shall not. J t, administration of this act. The Controller shall provide be deemed to be -*In conflict with this measure, and if the committee and its auditor with reports that set forth approved by the voters, this measure shall talk-e effect the all()�rable costs,for general administration. The annual notwithstanding approval by the votei s of another measure audit shall include a review of the costs of general relating to the taxation o-"tobacco by a greater nu-n-tber, of administration of the committee, the fund, and the �tate affirmative votes. Board qj,`Equalization. (b) If this measure is approved by the voters but, 30130.55. Penalties superseded by law by any other conflicting ballot measure (a) 1�ach officer or einplo.Yee of the committee, and approved by the voters at the same -election, and the every other person charged with the receipt, safekeeping, conflicting ing measure is latex held invalid, this measure f ctl transfer, or disburseinent of trust funds as defined in this shall be self-executing and given the full force O-Naiv, act, who does any of the following, is punishable I VY ne-O imprisonment ire the state prison for two, three, or bur SECTION 6. Ai �i menu years, and is disqualifiedfironi holding any office in this (a) Except as hereafter provided, this act may only be state: j. (1) HVithoul authority of law, appropriates the same, or amended by the electors as provided in subdivis'*on-(c) of Section 10 of Article If of the California Constitution, any portion thereof to his or her own use, or to the use of (b) Notwithstanding the provisions of subdivision (a), anot her. not earlier than 15 years from the effective date of this act, Loans the same or any portion thereoj, makes any the committee, by majority vote of its members, may profit out of or uses the same for any purpose not authorized by law. recommend changes in the structure and operation of the cornmiftee to the Legislature. The Legislature may amend3 Knowingly keeps anyfidse account, or niaf(es any the provisions of Section 30130.54 of the R-cvc-nue and false entry or erasure in an.Y account of or relating to the 'Taxation Code to further the purposes of the act by a same. statute passed in each house by 1011-call vote entered in the (4) Fraudulently alters,fialsijies, conceals, destroys, or Journa.., two-thirds ol"the rnernbe­ship concur.ing, that is obliterates any account. consistent with the recom-rne-ndations of the committee. jext of Proposed Laws 29 Large Print and Audio Voter Guides The Secretary of State provides the Official Voter Information Guide in large-print and audio formats for people who are visually impaired in English, Spanish, Chinese, I-findi, Japanese, Khmer, Korean., Tagalog, Thai-, and Vietnamese. To order the large-print or audio-cassette version of the Official Voter Information Guide, go t® u ww.sos.c�t.govlekctionslelectioizs z)ig � — - d�(omzats.htm or call the Secretary of State's toll-free Voter Flotline at (800) 345-VOTE (8683). For a downloadable audio MP3 version of the Official Voter Information Guide, go to www.voteiguide.so�.ca.govlaildio. Voter Registration N'ou are responsible for updating Your voter registration information. You should. update your p tl I I voter registration if you change your home address, change your mailing address, change your name, or want to change or select a political party preference. If you moved to your new address after May 21, 2012, you may vote at your former polling place. Registering to vote is simple and free. Registration forms are available online and at most post offices, libraries, city and county government offices, and the California Secretary of Staters office. Registering to vote is easier than ever with the online form at wwu4 sos.ca.,�ovl'elections. To register to vote you. must be a U.S. citizen; a California resident; at least 18 Years of age on Election Dav, ; not in prison or in county jail serving a state prison sentence or serving a term of more than one year in jail for a defined "low-level" felony), or on parole, post-release community supervision, or post-sentencing probation for a felony conviction; and not judged by a court to be mentally incompetent. State and Federal Voter Identification Requirements In most cases, California voters are not required to show identification before casting ballots. If you are voting for the first time after registering by mail and did not provide your driver license number, California identification number, or the last four digits of your social security number on the registration card, you may be asked to show a form of identification when you go to the polls. Make sure you bring identification with you to the polls or include a copy of it with your vote-by-mall ballot. Following is a partial list of the more than 30 acceptable forms of identification. You can also visit the Secretary of State's website and look for"Help Arnerica.Vote Act (HAVA) Identification Standards" at u,wu os.ca,.g-ovl'e!le.ctio.nslele(,tions regsAwl. • Driver license or state-issued ID card % Military ID • Passport 0 Student ID • Employee ID card. a Health club ID • Credit or debit card & Insurance plan ID card 3( 'mVw01LR BILL OF RIGHTS 1. You have the right to cast a. ballot if you 6. You have the right to receive assistance are a valid. registered voter. in casting your ballot, if you are unable A valid registered voter means a United ,Mates to vote without assistance. citizen who is a resident in this state, who is 7. You have the right to return a completed at least IS years of age and not in prison or vote-by-mail ballot to any precinct in the on parole for conviction of a.felony, and.who county. is registered to vote at his or tier current S. You have the right to election materials residence address, in another language, if here are sufficient r. You have the right to cast a provisional residents in vOUr precinct to warrant ballot if your name is not listed on the production.. voting rolls. 9. You have the right to ask questions about 3. You have the right to cast a ballot if you election procedures and observe, the election are present and in line at the polling process. place prior to the close of the polls. You have the right to ask-questions of 4. You have the right to cast a secret ballot free the precinct board and elections officials from intimidation.. regarding election procedures and to receive 5. You have the right to receive a new ballot if, an answer or be directed to the appropriate prior to casting your ballot, you believe you official for an answer. However, if persistent made a mistake. questioning disrupts the execution of their If at any time before you finally cast your duties, the board or election officials mayballot, you feel you have made a nristak:e, you discontinue responding to questions. have the right to exchange the spoiled ballot 10. You have the right to report any illegal or fiat a nesv ballot, rate-by-mail voters may also fraudulent activity to a local elections official request and receive a new ballot if they return or to the Secretary of Scare's Office, their spoiled ballot to an elections official prior to the closing of die polls on election day. If you believe you have been denier] any of these rights, or you are azure at any election fraud or misconduct, please call the Secretary of State's confidential toll-free Voter Hotline at(800) 345-VOTE (8683), Info on Your eater registration affidavit will be used.by electic Fns officials to send.you a-,fficial inforrnarian on the voting process, such as the location of your polling place and the issues and candidates that will appear on the ballot. omrrrercial use of voter registratir�rI irrfr�rrnatic�n is prohibited her law and is a misdemeanor. Vote-. info--nation may be provided to a candidate for office, a ballot 3n_ea.strre committee, or other person for elecriort, scholarly,jourrralistic, political, or governmental purposes, as determined by the Secretary of Mate. Driver license and so6al security mzmbers, or your signartzre as shown oar y� air voter registration card, cannot be released for these purposes. If vr�u have any questions about rite use of voter irrformarivrr or wish to report sttspecred misuse of such information, please call the Secretary of'Srate's`elorer Hotline at (800) 345ATOTE (8683). Certain voters facing life-threatening situations mar quali' for confide, voter status. Far n-tore info Frmarion, please contact the Secretary of State's Safe at Home program tall-free at (S 7 7) 3'�'�-5"?"?? or visit the Secretary of State's website at tuauru sos.ra.ffo , Voter Bill' Oj Kig�ts 31 California Secretary of State NONPROFIT Elections Division U.S.POSTAGE 1500 11 t h Street PAID Sacramento,CA 958111 CALIFORNIA SECREIARY OF STATE ---------------------------------------- PCW CALIFORNIA PRESIDENTIAL M In = a WIRIff 0 M E r'&R I M Amm wKft mmiaw ,=Ltu'm I ION www.voterguide.sos.ca.gov OFFICIAL VOTER INFORMATION GUIDE For additional copies of the VOW Information Guide in any of the following languages, please contact Remember to voile 1 your county elections office or call: Tuesday,June 5, 2012 English (80011 345-VOTE (8683) Polls are open from 7:00 a.m.to 8:00 p.m. Espafiol/Spanish (800) 232-VOTA(8682) Monday, May 21, 2012 '11A,/Chinese (800) 339-2857 Last day to register to vote ftt/Hindi 118881345-2692 H*11'"'/Japanese (800) 339-2865 i8l/Khmer (888) 345-4917 /Korean 18661575-1558 Tagalog (800) 339-2957 ni'w1wi/Thai (855) 345-3933 Vi6t ngCf/Vietnamese (8001339-8163 TOD (800) 833-8683 To reduce election costs,the State mails only one guide to each voting household. 0,9 � . 4) 1' 12 125701 0-M %